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MTC/City of San Leandro
<br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br /> Page 26
<br /> APPENDIX B TO ATTACHMENT E
<br /> The following clauses shall be included in any and all deeds effecting or recording the transfer of
<br /> PROJECT real property, structures or improvements thereon, or interest therein from the United States.
<br /> (GRANTING CLAUSE)
<br /> NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
<br /> condition that RECIPIENT shall accept title to the lands and maintain the project constructed thereon, in
<br /> accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for
<br /> Highways and the policies and procedures prescribed by the Federal Highway Administration of the
<br /> Department of Transportation and, also in accordance with and in compliance with the Regulations
<br /> pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42
<br /> U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the RECIPIENT all
<br /> the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in
<br /> Exhibit"A" attached hereto and made a part hereof.
<br /> (HABENDUM CLAUSE)
<br /> TO HAVE AND TO HOLD said lands and interests therein unto RECIPIENT and its successors
<br /> forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as
<br /> follows, which will remain in effect for the period during which the real property or structures are used
<br /> for a purpose for which federal financial assistance is extended or for another purpose involving the
<br /> provision of similar services or benefits and shall be binding on RECIPIENT, its successors arid assigns.
<br /> RECIPIENT, in consideration of the conveyance of said lands and interests in lands, does hereby
<br /> covenant and agree as a covenant running with the land for itself, its successors and assigns,
<br /> (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be
<br /> excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
<br /> with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;)
<br /> (and) *
<br /> (2) that RECIPIENT shall use the lands and interests in lands so conveyed, in compliance with all
<br /> requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
<br /> Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted
<br /> programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964,
<br /> and as said Regulations may be amended (;) and
<br /> (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.
<br /> Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the
<br /> above-described land and facilities shall thereon revert to and vest in and become the absolute property
<br /> of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
<br /> *Reverter clause and related language to be used only when it is determined that such a clause is
<br /> necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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