NATIONAL PARK SERVICE (2) - Laserfiche WebLink

Home Browse Search

Federal Lands to Parks Program of the U.S. Department of the Interior, for use by the general public. 3. The Replacement Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior approves in writing. Any such disposition shall assure the continued use and maintenance of the Replacement Property for public park or public recreational purposes subject to the same terms and conditions in this Declaration of Restrictions, Any mortgage, lien, or any other encumbrance not wholly subordinate to the interest of the Grantee in this Declaration of Restrictions shall constitute an impermissible disposal, However, this provision shallnot preclude the Grantor, its successors and assigns from issuing revenue or other bonds related to the use of the Replacement Property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the Replacement Property. Furthermore, this provision shall not preclude the Grantor from providing related recreation facilities and services compatible with the approved application though concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. 4. Funds generated on the Replacement Property may not be expended for non -recreational purposes. Until the Replacement Property has been fully developed in accordance with the Program of Utilization, all revenues generated on the Replacement Property must be used for the development, operation, and maintenance of the Replacement Property. After the Replacement Property has been fully developed in accordance with the Program of Utilization, revenue generated by the Replacement Property may be expended on other recreation properties operated by Grantor. 5. From the date of this Declaration of Restrictions, the Grantor, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the Replacement Property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports or as further determined by the Secretary of the Interior. 6. Grantor further covenants and agrees for itself, its successors and assigns, that: (1) any use, operation, program or activity on or related to the Replacement Property will be conducted in compliance with all Federal laws and regulations relating to nondiscrimination, including but not limited to the following laws and regulations as such may be amended from time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Title VI of the Civil Rights Act of 1964, (c) Title III of the Age Discrimination Act of 1975, (d) Section 504 of the Rehabilitation Act of 1973, and (e) the Architectural Barriers Act of 1968; (2) this covenant shall be subject in all respects to the provisions of said laws and regulations; (3) the Grantor, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant; (5) the Grantor, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantor, its successors or assigns, is authorized to provide services or benefits on or in connection with the Replacement Property, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, Centennial Park/ GSA Ns Z-Calif 598B, C&D Page 15 of22 Deed of Release