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The (Title of Sponsor), in consideration of the conveyance of said lands and interests in lands, does
<br />hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that
<br />(I) no person will on the grounds of race, color, or national origin, be excluded from participation in, be
<br />denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
<br />wholly or in part on, over, or under such lands hereby conveyed[,] [and]* (2) that the (Title of Sponsor)
<br />will use the lands and interests in lands and interests in lands so conveyed, in compliance with all
<br />requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
<br />Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
<br />programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
<br />1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of
<br />the above-mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter
<br />said lands and facilities on said land, and that above described land and facilities will thereon revert to
<br />and vest in and become the absolute property of the Federal Aviation Administration and its assigns as
<br />such interest existed prior to this instruction].*
<br />(*Reverter clause and related language to be used only when it is determined that such a clause is
<br />necessary in order to make clear the purpose of Title VI.)
<br />A6.4.3 Title VI Clauses for Transfer of Real Property
<br />Acquired or Improved Under the Activity, Facility,
<br />or Program
<br />This applies to agreements such as leases where a physical portion of the airport is transferred for
<br />use-for example a fuel farm, apron space, or a parking facility-and will be included as a covenant
<br />running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into
<br />by the sponsor with other parties for all transfers of real property acquired or improved under the
<br />Airport Improvement Program.
<br />CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
<br />AIRPORT IMPROVEMENT PROGRAM
<br />The following clauses will be included in (deeds, licenses, leases, permits, or similar instruments)
<br />entered into by the (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program
<br />grant assurances.
<br />A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs,
<br />personal representatives, successors in interest, and assigns, as a part of the consideration
<br />hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant
<br />running with the land"] that:
<br />1. In the event facilities are constructed, maintained, or otherwise operated on the
<br />property described in this (deed, license, lease, permit, etc.) for a purpose for which a
<br />Federal Aviation Administration activity, facility, or program is extended or for
<br />another purpose involving the provision of similar services or benefits, the (grantee,
<br />licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
<br />in compliance with all requirements imposed by the Nondiscrimination Acts and
<br />Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be
<br />amended) such that no person on the grounds of race, color, or national origin, will
<br />be excluded from participation in, denied the benefits of, or be otherwise subjected to
<br />discrimination in the use of said facilities.
<br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
<br />Issued on December 12, 2017 Page 19
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