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MOTJ No.: M-025-18 <br />SCAG Projeer/OWP No.: 225-3564J2.11 <br />7. That CITY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, <br />as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar <br />agreements entered into by the CITY with other parties: <br />Appendix C; <br />a) for the subsequent transfer of real property acquired or improved under the federal -aid <br />Program; and <br />Appendix D; <br />b) for the construction or use of or access to space on, over, or under real property acquired, <br />or improved under the federal -aid Program. <br />8. That this assurance obligates CITY for the period during which federal financial assistance is <br />extended to the program, except where the federal financial assistance is to provide, or is in the <br />form of, personal property or real property or interest therein, or structures, or improvements <br />thereon, in which case the assurance obligates CITY or any transferee for the longer of the <br />following periods: <br />a) the period during which the property is used for a purpose for which the federal financial <br />assistance is extended, or for another purpose involving the provision of similar services <br />or benefits; or <br />b) the period during which CITY retains ownership or possession of the property. <br />9. That CITY shall provide for such methods of administration for the program as are found by the <br />U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give <br />reasonable guarantee that CITY, other recipients, sub -grantees, applicants, sub -applicants, <br />transferees, successors in interest, and other participants of federal financial assistance under <br />such program will comply with all requirements imposed by, or pursuant to, the ACT, the <br />REGULATIONS, this Assurance and the MOU. <br />10. That CITY agrees that SCAG, the United States and the State of California have a right to seek <br />judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and <br />this Assurance. <br />11. CITY shall not discriminate on the basis of race, religion, age, disability, color, national origin or <br />sex in the award and performance of any SCAG assisted contract or in the administration on its <br />DBE Program or the requirements of 49 CFR Part 26, CITY shall take all necessary and <br />reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and <br />administration of SCAG assisted contracts. CITY'S DBE Implementation Agreement is <br />incorporated by reference in this MOU. implementation of this program is a legal obligation and <br />failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to <br />the recipient of its failure to carry out its approved DBE Implementation Agreement, SCAG may <br />impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the <br />matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of <br />1985 (31USC 3801 et seq.) <br />February 26, 2019 <br />Page 24 <br />zsc-zs <br />