|
or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute
<br />an impermissible disposal. However this provision shall not preclude the Grantee, its heirs, successors
<br />and assigns from issuing revenue or other bonds related to the use of the property to the extent that such
<br />bonds shall not in any way restrict, encumber, or constitute a lien on the property. Furthermore, this
<br />provision shall not preclude the Grantee from providing related recreation facilities and services
<br />compatible with the approved application through concession agreements, permits, and licenses entered
<br />into with third parties, provided prior concurrence to such agreements is obtained in vomiting from the
<br />National Park Service.
<br />4. This property is subject to, and has been included in, the original biennial reporting requirement for
<br />the original conveyance of Z-Calif-598C. Reports setting forth the use made of the property and other
<br />pertinent data establishing its continuous use for the purposes set forth above may be required as further
<br />determined by the National Park Set -vice
<br />5. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its heirs,
<br />successors and assigns, that: (1) any use, operation, program or activity on or related to the property
<br />conveyed by this Deed will be conducted in compliance with all Federal laws and regulations relating to
<br />nondiscrimination, including but not limited to the following laws and regulations as may be amended from
<br />time to time: (a) the regulations of the U.S. Department of the Interior at 43 CFR Part 17, (b) Federal
<br />Property Management Regulations at 41 CFR § 101-6.201 et seq., (c) Title VI of the Civil Rights Act of
<br />1964 (42 USC §2000d-1 et. seq.), (d) Title III of the Age Discrimination Act of 1975 as amended (42 USC
<br />§6101 et seq.), (e) Section 504 of the Rehabilitation Act of 1973 as amended (29 USC §794), (f) the
<br />Architectural Barriers Act of 1968 as amended (82 Stat. 718), (g) The Americans with Disabilities Act of
<br />1990 (104 Stat. 337), and (h) Executive Order 13672 which prohibits discrimination on the basis of sex,
<br />sexual orientation, gender identity, or national origin; (2) this covenant shall be subject in all respects to
<br />the provisions of said laws and regulations; (3) the Grantee, its heirs, successors and assigns, will promptly
<br />take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States
<br />shall have the right to seek judicial enforcement of this covenant; (5) the Grantee, its heirs, successors and
<br />assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other
<br />arrangements with the Grantee, its heirs, successors or assigns, is authorized to provide services or benefits
<br />on or in connection with the property, a written agreement pursuant to which such other person shall, with
<br />respect to the services or benefits which he is authorized to provide, undertake for himself the same
<br />obligations as those imposed upon the Grantee, its heirs, successors and assigns, by this covenant, and (b)
<br />furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this
<br />covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical
<br />classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity
<br />for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the Grantee, its heirs,
<br />successors and assigns; (7) the United States shall be deemed a beneficiary of this covenant without regard
<br />to whether it remains the owner of any land or interest therein in the locality of the Property hereby
<br />conveyed; and (8) the Grantor expressly reserves a right of access to, and entrance upon, the above
<br />described property in order to determine compliance with the terms of this conveyance.
<br />i. The Grantee, its heirs, successors and assigns, shall indemnify, defend, protect, save and hold harmless
<br />the Grantor, its employees, officers, attorneys, agents, and representatives from and against any and all
<br />debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs,
<br />and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses,
<br />expert fees and expenses, and court costs) arising out of any claim for personal injury or property damage
<br />(including death, illness, or loss of or damage to real or personal property or economic loss) that relates to
<br />the Grantee's failure to comply with the terms of this deed or from the use or occupancy of the property by
<br />the Grantee, its heirs, successors, assigns, transferees, or agents.
<br />Centennial Park — GSA Ns 9-Z-CA598-D Page 3 of 9
<br />
|