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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 25 <br /> <br /> <br />6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real <br />property or an interest in real property, the Assurance shall extend to rights to space on, over, or under <br />such property. <br /> <br />7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, <br />as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements <br />entered into by the AGENCY with other parties: <br /> <br />Appendix C; <br /> <br />(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and <br /> <br />Appendix D; <br /> <br />(b) for the construction or use of or access to space on, over, or under real property acquired, or improved <br />under the federal-aid Program. <br /> <br />8. That this assurance obligates AGENCY for the period during which federal financial assistance is <br />extended to the program, except where the federal financial assistance is to provide, or is in the form of, <br />personal property or real property or interest therein, or structures, or improvements thereon, in which <br />case the assurance obligates AGENCY or any transferee for the longer of the following periods: <br /> <br />(a) the period during which the property is used for a purpose for which the federal financial assistance is <br />extended, or for another purpose involving the provision of similar services or benefits; or <br /> <br />(b) the period during which AGENCY retains ownership or possession of the property. <br /> <br />9. That AGENCY shall provide for such methods of administration for the program as are found by the <br />U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable <br />guarantee that AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, <br />successors in interest, and other participants of federal financial assistance under such program will <br />comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance <br />and the Agreement. <br /> <br />10. That AGENCY agrees that the United States and the State of California have a right to seek judicial <br />enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. <br /> <br />11. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or <br />sex in the award and performance of any STATE assisted contract or in the administration on its DBE <br />Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and reasonable steps <br />under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted <br />contracts. The California Department of Transportation Disadvantaged Business Enterprise Program <br />Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement. <br />Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a <br />violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the <br />Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and <br />398