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MOU No.: M-025-18
<br />SCAG ProjectIMP No.: 225-3564J2.11
<br />APPENDIX B TO EXHIBIT F
<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 CITY will 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 CITY all the
<br />right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in
<br />Exhibit "E" attached hereto and made a part hereof.
<br />(HABENDUM CLAUSE)
<br />TO HAVE AND TO HOLD said lands and interests therein unto CITY and its successors forever,
<br />subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows,
<br />which will remain in effect for the period during which the real property or structures are used for a
<br />purpose for which federal financial assistance is extended or for another purpose involving the provision
<br />of similar services or benefits and shall be binding on CITY, its successors and assigns.
<br />CITY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
<br />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 CITY shall use the lands and interests in lands so conveyed, in compliance with all requirements
<br />imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle
<br />A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department
<br />of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may
<br />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.
<br />February 26, 2019
<br />Page 28
<br />25C-30
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