Res 314RESOLUTION NO. 314
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA APPROVING LOCAL AGENCY-
STATE AGREEMENT NO. 11-5428
WHEREAS, federal regulations require a local agency-state
agreement be executed between the City of Poway and the State of
California prior to the receipt of federal funds for federal aid
projects; and
WHEREAS, the City Council desires to receive federal funds
for the improvement or restoration of roads, streets, highways,
fringe parking, and public transportation facilities within the
City of Poway; and
W~HEREAS, before federal aid will be made available to the
City of Poway, the attached Local Agency-State Agreement No. 11-5428
(Exhibit A) must be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Local Agency-State
Agreement No. 11-5428 is hereby approved and the Mayor of the
City of Poway is hereby authorized to execute said Agreement on
behalf of ~he City of Poway.
PASSED and ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 9th day of November, 1982.
r~epards~n, Mayor
ATTEST:
Marjori~ \~. Wahlsten, City Clerk
I.CG-N_ AGDICY-STATE
FEDERAL-AID PROJECTS
11 San Diego Poway
District County City
AGREemENT NO. 11-5/+28
I.~STER AGREEMENT
THIS AGREEMEHT, made in duplicate this day of
· 19 , by and bet~en the City of Poway
political subdi~sion(s) of the State of CalifOrnia hereinafter referrJd
to as "LOCAL AGENCY", and the STATE OF CALIFORNIA· acting by and through
the Department of Transportation· herinafter referred to as "STATE".
WITNESSETH:
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized may be made
available for use on local transportation facilities in accordance
with the intent of Federal acts; and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal-aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH-OLA 255 (4-77)
I.OC AGDICY-STATE
FO~
FEDERAL-AID PROJECTS
11 San Diego Poway
District County City
AGREEMENT NO. 11-5&28
t~STER AGREEMENT
THIS AGREEMENT, made in duplicate this day of
, 19 , by and bet%~en the City of Poway ,
political subdi~sion(s) of the State of CalifOrnia hereinafter referred
to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through
the Department of Transportation, herinafter referred to as "STATE".
WITNESSETH:
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized may be made
available for use on local transportation facilities in accordance
with the intent of Federal acts; and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal-aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH-OLA 255 (4-77)
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
1. Projects located in Jrbanized areas {unless exempt) must
be part of a program which serves to implement an areawide plan held
currently valid by the regional transportation policy board.
2. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
3. Funds apportioned such as the STATE's share of FAS funds
are considered Federal-aid funds.
ARTICLE II - IMPROVEMENTS/RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used herein
means any work that is financed in part with Federal funds.
2. The Supplemental Local Agency-State Agreement (program
supplement) shall be in a form prescribed by STATE; and shall
designate who shall advertise, award, and administer the contract,
the Federal funds requested, and the matching funds to be provided
by LOCAL AGENCY, and, if a State Highway is involved, the matching
funds to be provided by STATE. Adoption of the program supplement
by LOCAL AGENCY and approval by STATE shall cause such program
supplenmnt to be a part of this agreement as though fully set forth
herein. Un)ess otherwise delegated the program supplement shall be
approved by the LOCAL AGENCY's governing body. Cooperative projects
including work on a State highway shall be the subject of a separate
cooperative agreement.
3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY
will conform to all STATE statutes, regulations and procedures (in-
cluding those set forth in the STATE's Local Programs Manual) re-
lating to the Federal-aid program and to all applicable Federal laws,
regulations, and policy and procedural or instructional memoranda.
This includes, but is not limited to, the holding of public hearings
when required, the publishing of various press notices, and the pre-
paration of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program supple-
ment, improvements will be constructed by contract in accordance with
DH-OLA 255 (4-77 -2-
Certification Acceptance procedures approved by the FHWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right-of-way; and advertisement for a minimum
of 3 w~eks prior to bid opening. The contract will be awarded by
LOCAL AGENCY, its agent, or by STATE as may be determined between
the parties prior to each project advertisement.
5. When the IMPROVEMENT or RESTORATION includes work to be
performed by a railroad, the contract for such work shall be entered
into by LOCAL AGENCY or by STATE, as parties hereto agree. A con-
tract entered into by LOCAL AGENCY for such work must have prior
approval of STATE. In either event, LOCAL AGENCY shall enter into
an agreement vdth the railroad providing for maintenance of the pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement, including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY is in responsible charge.
7. STATE shall exercise general supervision over Federal-aid
improvements and may assume full and direct control over the project
whenever STATE, at its sole discretion, shall determine that its
responsibility to the United States so requires. LOCAL AGENCY
contracts shall so stipulate.
ARTICLE III - RIGHTS-OF-WAY
1. No contract for the construction of a Federal-aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights-of-way have been secured. Prior to the advertising of a proj-
ect on a local street, LOCAL AGENCY shall certify and upon request
shall furnish STATE with evidence that necessary rights-of-way are
available for construction purposes or will be available by the time
of contract award. '
2. LOCAL AGENCY agrees to hold STATE harmless from any lia-
bility which may result in the event the right-of-way is not clear
as certified. The furnishing of right-of-way as provided for herein
includes, in addition to all real property required for the improve-
n~nt free and clear of obstructions and encumbrances affecting the
DH-OLA 255 (4-77) -3-
proposed project, the payment as required by applicable law of dam-
ages to real property not actually taken but injuriously affected by
the proposed improvement. LOCAL AGENCY shall pay from its funds
any costs which arfse out of delays to the contractor because utility
facilities have not been removed or relocated, or because rights-of-
way have not been nude avail~b)e to the contractor for the orderly
prosecution of the work.
3. Subject to STATE approval and such supervision over LOCAL
AGENCY's right-of-way acquisition procedures as STATE may determine
is necessary, LOCAL AGENCY may claim reimbursement from Federal funds
for expenditures to purchase rights-of-way included in an approved
project.
4. The LOCAL AGENCY will comply with Title II and III of the
Uniform Real Property Acquisition Policy.
5. Whether or not Federal-aid is to be requested for right-of-
way, should LOCAL AGENCY, in acquiring right-of-way for a Federal-aid
Ir4PROVEMENT, displace an individual, family, business, farm operation,
or non-profit organization, relocation payments and services will be
provided as set forth in Chapter 5 of Title 23, U.S. Code. The public
will be adequately informed of the relocation payments and services
which will be available, and, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move from
his dwelling or to move his business or farm operation without at least
90-days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro-
vide the State with specific assurance, on each project, that no person
will be displaced until comparable decent, safe and sanitary replace-
ment housing is available within a reasonable period of time prior to
displacement, and that LOCAL AGENCY's relocation program is realistic
and is adequate to provide orderly, timely and efficient relocation
of displaced persons for the project as provided in FHPM 7-5.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal-aid IMPROVEMENT or RESTORATION contract is
to be awarded by STATE, matching funds will be provided by LOCAL AGENCY
prior to the time that such funds are required to reimburse contractor.
STATE will bill LOCAL AGENCY for amount due imnediately following con-
tract award, or at option of LOCAL AGENCY, will submit monthly bills
during life of contract.
2. The estimated total cost of Federal-aid projects, the amounts
of Federal-aid programmed, and the matching amounts agreed upon may be
DH-OLA 255 (4-77) -4-
with Federal or State funds. LOCAL AGENCY shall insure that work per=
formed under this agreement is done in conformance with rules and
regulations e~bodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A", are hereby considered a
part of this agreement.
3. When Federal funds are to participate in the co~t of work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consultant
and the terms of the agreement or contract have been approved by
STATE. Such agreement or.contract shall include a provision that
the work and records of the consultant are subject to inspection at
all times by representatives of LOCAL AGENCY, STATE and the Federal
Highway Administration and that agreement or contract may be terminated
by LOCAL AGENCY upon a finding that the consultant is failing to live
up to the terms of the agreement or contract. All major changes in
the agreement or contract must have prior approval of the STATE. As
sOOn as agreement or contract with consultant has been awarded, two
certified copies of said agreement or contract shall be submitted to
STATE.
4. LOCAL AGENCY and its contractors shall retain all original
records and documents relating to work hereunder financed in part
with Federal funds and shall make same available for inspection by
STATE and Federal representatives upon request. Following final
settlement of the project accounts with the Federal Highway Adminis-
tration, such records and documents may be microfilmed at the option
of LOCAL AGENCY, but in any event shall be retained for a three-year
period after FHWA payment of final voucher, or a four-year period from
the date of final payment under the contract, whichever is longer.
5. (al Neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of any-
thing done or omitted to be done by LOCAL AGENCY under or in connection
with any work, authority or jurisdiction delegated to LOCAL AGENCY
under this agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify
and hold STATE harmless from any liability imposed for injury {as defined
by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by LOCAL AGENCY under or in connection
authority or jurisdiction delegated to LOCAL AGENCY under with any work,
this agreement.
(b) Neither LOCAL AGENCY nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by reason of
anything done or emitted to be done by STATE under or in connection with
any work, authority or jurisdiction not delegated to LOCAL AGENCY under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully indemnify and hold
LOCAL AGENCY harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI - I~INTENANCE
1. Upon acceptance by the awarding authority of a completed
Federal-aid project or upon the contractor being relieved of tile
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the transportation facility
shall maintain the completed work in a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility under its jurisdiction or any portion thereof,
is not being properly maintained, LOCAL AGENCY has not satisfactorily
remedied the conditions complained of, the approval of further Federal-
aid projects of LOCAL AGENCY will be withheld until the project shall
have been put in a condition of maintenance satisfactory to STATE and
the Federal Highway Administration. The provisions of this section
shall not apply to a transportation facility which has been vacated
through due process of law.
2. The maintenance referred to in paragraph 1 above includes
not only the physical condition of the facility but its operation as
well. Traffic Operations Improvements on local streets shall be main-
tained by an adequate and well-trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL AGENCY,
another unit of government or a consultant under contract with a LOCAL
AGENCY.
DH-OLA 255 (4-77) -7-
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT ll .
CITY OF Poway
By By
District Director of Transportation
Approval Recon~ended:
ATTEST:
~or
City C)erk
Local Assistance Engineer
Cha~rdBy-' - ~ors
Clerk of Board
DH-OLA 255 (4-77) -8-
E:IIIEI1- "A"
N{)NDISCRIMINATION ASSURANCES
The Clg~CITY of Poway (hereinafter)
referred to as the RECIPIENT) HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Department of Transportation, it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT),
and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 {hereinafter referred to as the REGULATIONS), the
Federal-aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent
directives, no person in the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary
to effectuate this agreement. This assurance is required by subsection
21.7{a) {1) of the REGULATIONS.
More specifically and without limiting the above general assurance,
the P~CIPIENT hereby gives the following specific assurances with respect
to its Federal-aid Program:
1. That the RECIPIENT agrees that each "program" and each
"facility" as defined in subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, will be {with regard to a "program") conducted,
or will be (with regard to a "facility") operated in compliance
with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made in connection with the Federal-aid Program and,
in adapted form in all proposals for negotiated agreements:
DH-OLA 255 (4-77) -9-
AGREEMENT
EXHIBIT "A"
The (C(~iFC~q~/CITY of Poway or
other approved contracting authority) hereby notifies
all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportu-
nity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color,
sex, or national origin in consideration for an award.
3. That the RECIPIENT shall insert the clauses of Appendix A
of this assurance in every contract subject to the ACT and the
REGULATIONS.
4. That the clauses of Appendix B of this assurance shall be
included as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where the RECIPIENT receives Federal financial assist-
ance to construct a facility, or part of a facility, the assurance
shall extend to the entire facility and facilities operated in connec-
tion therewith.
6. That where the RECIPIENT receives Federal financial assist-
ance in the form, or for the acquisition of real property or an interest
in real property, the assurance shall extend to rights to space on,
over, or under such property.
7. That the RECIPIENT shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running with
the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the RECIPIENT with other parties:
(a) for the subsequent transfer of real property acquired
or improved under the Federal-aid Program; and
(b) for the construction or use of or access to space on,
over, or under real property acquired, or improved
under the Federal-aid Program.
8. That this assurance obligates the RECIPIENT for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein
or structures or improvements thereon, in which case the assurance
obligates the RECIPIENT or any transferee for the longer of the fol-
lowing periods:
DH-OLA 255 (4-77) -10-
AGREEMENT
EXHIBIT "A"
(a)
the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIPIENT retains own-
ership or possession of the property.
9. The RECIPIENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates specific authority, to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the ACT, the REGULATIONS, and this
assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECIPIENT by the California Department of Transpor-
tation, acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors, subcon-
tractors, transferees, successors in interest and other participants
in the Federal-aid Highway Program.
DH-OLA 255 (4-77) -11-
AGREEMENT
EXHIBIT "A"
APPENDIX A
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter referred
to as the CONTRACTOR) agrees as follows:
(l) Compliance with Regulations: The CONTRACTOR shall comply
with the regulations relative to nondiscrimination in Federally-assisted
programs of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (here-
inafter referred to as the REGULATIONS), ~vhich are herein incorporated
by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to the
work performed '~y it during the contract, shall not discriminate on
the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONTRACTOR shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the contract
covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by competitive
b'~dding or negotiation made by the CONTRACTOR for ~.~rk to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the CONTRACTOR of the contractor's obligations under this contract
and the REGULATIONS relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Reports: The CONTRACTOR shall provide all
information and reports required by the REGULATIONS, or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
REGULATIONS or directives. ~here any infom~ation required of a con-
tractor is in the exclusive possession of another who fails or refuses
to furnish this information, the CONTRACTOR shall so certify to the
State highway department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain
the information.
(5) Sanctions for ~oncompliance: In the event of the CONTRACTORS's
noncompliance with the nondiscrimination provisions of this contract,
DH-OLA 255 (4-77) -12-
AGREEMENT
EXHIBIT "A"
the State highway department shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of.payments to the CONTRACTOR under
the contract until the CONTRACTOR complies; and/or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR shall include
the provisions of paragraphs (1) through (6) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto.
The CONTRACTOR shall take such action with respect to any subcontract
or procurement as the State highway department or the Federal Highway
Administration may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the CONTRACTOR may request the State highway department to enter into
such litigations to protect the interests of the State, and, in addition,
the CONTRACTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
DH-OLA 255 (4-77) -13-
AGREEMENT
EXHIBIT "A"
APPENDIX C
The following clauses shall be included in any and all deeds,
licenses, leases, permits, or similar instruments entered into by
the RECIPIENT, pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds and leases add "as covenant running with
the land") that in the event facilities are constructed, maintained, or
othen.~ise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transpor-
tation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.), shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-
assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re-enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT and its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by the RECIPIENT, pursuant
to the provisions of Assurance 7 (b).
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH-OLA 255 (4-77) -16-
AGREEMENT
EXHIBIT
APPENDIX C
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds,-and leases add "as a covenant running
with the land") that:
(1) no person on the ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
facilities,
of any improvements on, over, or
u,~- ~ch land and the furnishing of services thereon, no person
...~,(~ that in the construction
on the ground of race, color, sex, or national origin shall be ex-
cluded'from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall
use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
-~'That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re-enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re-enter said land
and facilities thereon, and the above described lands and facilities
Shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
OH-OLA 255 (4-77) -17-