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Environmental Assessment, Project Description (EA § 1.2.3), dated January 2020, which program and
<br />plan may be amended from time to time at the written request of either the Grantor or Grantee, with the
<br />written concurrence of the other party, and such amendments will be added to and become a part of the
<br />original application (the "Program of Utilization").
<br />2. The Grantor shall, within 6 months of the date of this Declaration of Restrictions, erect and maintain a
<br />permanent sign or marker near the point of principal access to the Replacement Property indicating that
<br />the Replacement Property is a park or recreation area and has been acquired in substitution for property
<br />acquired from the Federal Goverment through the Federal Lands to Parks Program of the U.S.
<br />Department of the interior, for use by the general public.
<br />The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to
<br />another eligible governmental agency that the Secretary of the Interior approves in writing. Any such
<br />disposition shall assure the continued use and maintenance of the Replacement Property for public
<br />park or public recreational purposes subject to the same terms and conditions in this Declaration of
<br />Restrictions. Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of
<br />the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal. However,
<br />this provision shall not preclude the Grantor, its successors and assigns from issuing revenue or other
<br />bonds related to the use of the Replacement Property to the extent that such bonds shall not in any
<br />way restrict, encumber, or constitute a hen on the Replacement Property. Furthermore, this provision
<br />shall not preclude the Grantor from providing related recreation facilities and services compatible
<br />with the approved application though concession agreements, permits, and licenses entered into with
<br />third parties, provided prior concurrence to such agreements is obtained in writing from the National
<br />Park Service.
<br />4. Funds generated on the Replacement Property may not be expended for non -recreational proposes.
<br />Until the Replacement Property has been fully developed in accordance with the Program of
<br />Utilization, all revenues generated on the Replacement Property must be used for the development,
<br />operation, and maintenance of the Replacement Property. After the Replacement Property has been
<br />fully developed in accordance with the Program of Utilization, revenue generated by the Replacement
<br />Property may be expended on other recreation properties operated by Grantor.
<br />5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit
<br />biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement
<br />Property during the preceding two-year period, and other pertinent data establishing its continuous use
<br />for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary
<br />of the Interior.
<br />6. Grantor Anther covenants and agrees for itself, its successors and assigns, that: (1) any use, operation,
<br />program or activity on or related to the Replacement Property will be conducted in compliance with all
<br />Federal laws and regulations relating to nondiscrimination, including but not limited to the following
<br />laws and regulations as such may be amended from time to time: (a) the regulations of the U.S.
<br />Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of
<br />the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the
<br />Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of
<br />said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to
<br />take such action as may be necessary to effectuate this covenant; (4) the United States shall have the
<br />right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a)
<br />obtain from each other person (any legal entity) who, through contractual or other arrangements with
<br />the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection
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<br />Replacement Property 92 — elacy Park Site
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