R-72-X1i
"A RESOLUTION AUTHORIZING THE OFFICE OF MASS
TRANSPORTATION TO APPLY ON BEHALF OF
VILLAGE OF DEERFIELD, ILLItiUI i
TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR
A GRANT TO ASSIST IN FINANCING THE IMPLEMENTATION
OF THE STATE OF ILLINOIS
COW.1UTER PARKING PROGRAM"
WHEREAS, the Secretary of the U.S.. Department of Transportation
is authorized to make grants for mass transportation projects; and
WHEREAS, the Office of Mass Transportation (OMT),_, State of
Illinois Department of Transportation, has established the Illinois
Commuter Parking Program to relieve the financial burden associated
with the provision by municipalities of adequate, attractive, and
safe commuter parking facilities, through a'continuing program of
coordinated investment in such facilities which will seek both
State financial assistance from the Illinois Capital Improvement
Grant Program and Federal financial assistance through a capital
grant application which will be compiled and submitted to the
Urban Mass Transportation Administration (UMTA) by the OMT 'on
behalf of the municipalities nominated for participation in such
a program; and
WHEREAS, the Village of Deerfield has applied to the Office of
Mass Transportation for such financial assistance and has been nominates
for participation in the program and the Village of Deerfield com-
muter parking project may appear as a sub - project in the application
for Federal financial assistance; and
in th. - evant the Federal application is approved and
the capital grant is made, the contract for Federal financial
assistance will impose certain obligations upon the applicant, the
Page 2 of 9.Pages
Office of Mass Transportation, State of Illinois Department of
Transportation, and thru it, the sub- applicant, Village of Deerfield
including, but not limited to, the assurances by them:
-- of the local share of the Village of Deerfield sub- project
costs; and
-- of acceptable arrangements for satisfactory continuing
control, for the; life of the project, over the operation
and /or use of land, materials, facilities and equipment
pledged to this sub - project by the sub - applicant for their
intended purpose; and
-- that the addition of the new spaces proposed in the
Village of-Deerfield sub - project will not be offset by the
conversion of existing public commuter parking facilities
to other uses; and
-- of-fair and equitable arrangements to protect the interests
of employees affected by the proposed Federal grant assistance;
and
-- that reasonable efforts will be made to ensure that the
elderly and handicapped will -be able to effectively use
the facilities; and
-- of compliance with the Uniform Relocation Assistance
Act if and whenever this federally assisted project
requires displacement of persons and /or acquisition.of
land; and
WHEREAS, it is required by the U.S. Department of Trans-
portation in accord with the provisions of Title V1 of the Civil
a
Rights Act of 1964, that in connection with the filing of an
Page 3 of 9 Pages
application for assistance under the Urban Mass Transportation
Act of 1964, as amended, the applicant and sub - applicant give
an assurance that they will comply with Title VI of the Civil
Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder; now, therefore:
i1lfr? A •&
Be it resolved by The oard of Trustees for
the Village of Deerfield that:
SECTION 1. The Office of Mass Transportation, State of Illinois
Department of Transportation, is authorized to execute and file
an application on behalf of the Village of Deerfield and.the
Department of Transportation to aid in the financing of the sub-
project of 'the Village of Deerfield which may be included in the
State of Illinois Commuter Parking Program.
it:
SECTION 2. The Village of Deerfield hereby certifies that
a. has considered the economic and social effects of the
sub - project and its impact on the environment; and
b. has found that the sub - project is consistent with
official plans for the comprehensive development of the
Village of De.erfield;- and
C. is willing and able to provide the local share of the
Village of Deerfield sub- project costs up to the maximum
total amount set forth in this application.
SECTION 3. The Village of Deerfield,, in the planning and
design of the proposed commuter parking facilities, has made
reasonable ettorts to ensure that:
a. Acceptable arrangements assuring satisfactory continuing
control over the operation or use of project land,
Page 4 of 9 Pages
materials, facilities and equipment -- which may be
operated or used by the Village of Deerfield directly, or
which may be leased to or otherwise operated by a
privately -owned urban-mass transportation company -- will
be made with the Office of Mass Transportation to enable.
it to assure the use of the assisted capital improvements
for their intended purpose during the life of the p oject.
In the event such facilities are sold or otherwise evoted
to another use during the life:.of the project, the Village
of Deerfield will refund a proportionate share of the
Federal and State grants according to provisions which will
be contained in the respective grant agreements, It is
hereby agreed that.:
-- the Village of Deerfield will prepare or cause to be prepared
and submit to the OMT for approval within a reasonable
period of time after the grants are approved, the following
documents: designs, surveys, plans, working drawings
and specifications as needed for the construction of the
sub - project facilities; and
-- the Village of Deerfield will execute.a contract with the OMT
to acquire, design acid install the sub - project facilities
in accordance with the approved plans, drawings, and
specifications, which contract will contain all standard
provisions required by applicable governmental rules and'
regulations. The Village of Deerfield will have the right
to erect to use its. own forces and materials or to hitec
independent contractors or purchase materials as it may
deem desirable to minimize the cost of such facilities;
Page S of 9 Pages
provided however that competitive bidding procedures
shall be followed where practicable or required by law;
and
-- the addition of new spaces will not be offset by the
conversion of existing public commuter parking facilities
to other uses; and
-- the Village of Deerfield will maintain or provide for the
maintenance of the subject.facilities in a safe and operable
condition in accordance with normal procedures and standards
at its own expense through out the normal.useful life of
.the facilities (hereinafter taken as Tk years); and
-- the Village of Deerfield agrees to acquire, through purchase
or lease, all of the property to be used in its sub - project
and to lease it to.the OMT, commencing with the date of the
execution of .its contract with the OMT and continuing for
the useful life of the sub - project facilities, in accordance
with leasing provisions which will be set forth in 'such
contract. The Village of Deerfield will not sell or otherwise
dispose of any portion of the sub - project facilities owned
or leased by it without the prior written consent of the
OMT; and
-- the OMT or its designated agent or agents will at all times
before,.during and after the acquisition, design and installatic
of the sub - project facilities, have the right to inspect
the Village of Deerfield records with respect to the use or
expenditures of.'tfie capital gran r funds; and
b. If.found necessary, fair and equitable arrangements, as
determined by the Secretary of Labor, to meet the requirements
Page 6 of 9 Pages
of Section 13(c) of the Urban Mass Transportation Act of 1964
(as amended), will be made to protect the interests of employees
affected by the Federal grant assistance, and that the grant
contracts will specify the terms and conditions of the
arrangements;* and
c. The elderly and handicapped will be able to effectively
use the proposed facilities. A description of these
efforts is included in the Village of Deerfield sub -pro j ect
description.
SECTION 4. The Village of Deerfield will ensure that:
a. If any person is displaced from his.residence, farm
operation or business by this federally assisted project,
fair and reasonable relocation payments, and relocation
assistance programs, will be provided such displaced
persons and comparable replacement dwellings will be
made available to them; and
i
b. Any person displaced by this federally assisted project
will be allowed the actual, reasonable expenses incurred
moving himself, his family, his farm operation or business,
the actual direct losses of tangible personal property
suffered in moving, and the cost of searching for a
replacement business or farm. In lieu of these expenses
persons displaced may receive a fixed moving and
displacement allowance. In addition a residential owner-
occupant.under certain circumstances may be allowed up
to $15,000 for replacement housing costs; and
C. Provision will be made for an adequate relocation
assistance program offering displaced persons current and
continuing information on the availability, prices and
Page 7 of 9 Pages
rentals of comparable housing, commercial properties and
locations for displaced businesses. A determination
will be made of the relocation assistance needed, and
within a reasonable period of time prior to displacement,
comparable housing will be made available for those
displaced. Such housing will be available in areas not
generally less desirable in regard to public utilities and
public commercial facilities and at rents or prices within
the financial means of the families and individuals
displaced; and shall consist of decent, safe, and sanitary
dwellings equal in number to the number of and available
to such displaced persons who require such dwellings and
reasonably accessible to their places of employment; and
d. Such costs will be treated as normal project costs.
SECTION S. The Village of Deerfield further assures that it
will
a. Make every reasonable effort to acquire real property
expeditiously through negotiation before instituting
eminent domain proceedings against the property; and
b. Not require any owner to surrender possession of real
property before the applicant pays the agreed purchase
price or deposits with the court, for the benefit of the
owner, an amount not less than the approved appraisal
value of the property or pays the.amount of the award
of compensation in condemnation proceedings for the
property, nor take any coercive action to compel an owner
u
to agree to a price for his property; and
c. Not require any person lawfully occupying, property to
Page 8 of 9 Pages
surrender possession without at least 90 days written
notice from the applicant of the date on which possession
will be required; and
d. Provide the owner with a written statement of the basis
for the amount estimated to be just compensation at the
time an offer is made to acquire real-property, reimburse
the owner for tiie necessary costs of conveyance, and
where condemnation proceedings are required, institute
those proceedings, and reimburse the owner for'his
reasonable litigation costs when the proceedings fail or
are abandoned by the applicant.
SECTION 6. The Village of Deerfield hereby certifies that:
a. It will make every.reasonable effort to effectuate the
purposes of Title VI of the Civil Rights Act of '1964 and
the regulations implementing this Title which provide that
"no person in the United States shall, on the ground of.
race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity
receiving Federal financ.ial'assistanc.e" and. that it has
executed the UMTA Standard DOT Title VI Assurance; and
b. The Office of Mass Transportation is authorized to
execute and file with this application an assurance or
any other document required of Village of Deerfieldby the
U.S. Department of Transportation effectuating the purposes
of Title VI of the Civil. Rights Act of 1964.
SECTION 7.' The Office of Mass Transportation is authorized
to furnish such additional i nfnrrr.a t i an. and to - xerute synch.
� y
Page 9 of 9 Page:
Additional documents concerning the Village of Deerfield as the
U. S. Department of Transportation may require in connection with
the application of the project and the approval thereof.
SECTION $. This resolution shall be in full force and
effect# binding upon the Village of Deerfield, from and after
its passage, and shall not be rescinded or altered without
the prior written approval'of the Office of Mass Transportation.
` lbert E. Brust. -
U.
- o 1l.
VILLAGE OF DEERFIELD
For: The Village of Deerfield
DATE: % y Y
r
BERNARD FORREST, PRESIDENT
ATTEST:
Catherine B. Price, Village Clerk
*Information concerning this requirement should be requested from the
Assistant Secretary of Labor for Labor - Management Relations, Washington,
D.C. 20210.
Attachment
ASSURANCE OF COMPLIANCE UNDER CIVIL RIGHTS ACT
The attached Departmental Standard DOT Title VI Assurance
is applicable to all UMTA programs under which grants are'
extended. As indicated, appendices A.or C may be applicable
dependent upon the type of project and the activities in-
volved.' The general assurance undertakes to alert the recip
ient zo the occasion and necessity for including these.addi-
tional.clauses. For example, appendix C is to be consulted
when the grant recipient undertakes "the subsequent transfer
of real property acquired or improved.under [Urban Mass Trans-
portation Programs)••"
Execution of the Assurance is required of all applicants for'
UMTA assistance, whether by loan or grant., as part of the
application..
The Assurance obligates the recipient to include-in all of
its contracts, including procurements of material and equip- .
went, a further assurance binding contractors to the anti-
discrimination provisions of-Title VI and.obligating them'
to further bind subcontractors.
It.further obligates the-recipient to notify all bidders -
through solicitations that the recipient will affirmatively
insure full opportunity for minority businesses to bid on
contracts, free from discrimination.
Recipients who seek to subsequently transfer or grant access
to property acquired pursuant to an UMTA- assisted project,.
are-required by the new Assurance to obligate the transferee'
or licensee to the anti- discrimination provisions of Title VI,
e
6.
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
. (DEPARTMENT OF TRANSPORTATION)
The Villa eof, _Deerfield (hereinafter. referred to ag the
"Recipient ") HEREBY AGREES THAT as a condit -ion to.receiving
any Federal financial assistance from the Department of Trans-
portation it will comply with Title Vi of the Civil Rights
Act of 19640 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 Sec-
retary, Part 21, Nondiscrimination in Federally- Assisted Pro-
grams of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964 (hereinafter. referred
to as the.Regulations) 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; or national origin, be excluded
from participation in, be denied the benefits of, or be other-
wise subjected to discrimination under any program or activity
for which the Recipient receives Federal financial assistance
from the Department of Tfdnsportation,"'including the Urban
Mass Transportation Administration (UMTA), and 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 as-
surance, the Recipient hereby gives the following specific
assurances with respect to the T -03- 0031,: :
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 require-
ments-imposed by, or pursuant to, the Regulations.
2. That the Recipient shall•insert the following notifica-
tion in all solicitations for bids for work or material
subject to the Regulations and made in connection with
a project under the Urban Mass Transportation Act of'.
1964, as amended (the UMTA Act) and, in adapted form in
all proposals for negotiated agreements:
7
The Recipient, in accordance with Title vI
of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d -4 and Title 49, Code
of Federal Regulations, Department of Trans-
portation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally- Assisted
Programs of the Department of Transportation
issued pursuant to such Act, hereby-notifies-all
bidders that it will affirmatively insure that
in regard to any contract entered into pursuant
to this advertisement, minority business enter-
prises will be afforded full opportunity to sub -
mit bids in response to this invitation and'will
not.. be discriminated against on the grounds of
rac, color, 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 Recipient shall insert the clauses of Appendix B
of this assurance; 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 facili-
ties operated in-connection therewith.
6. That where the Recipient receives Federal financial
assistance 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 where the Recipient receives Federal financial
assistance to carry out a program of managerial train-
ing undek s'e0tion 10(a) of the Urban Mass Transportation
Act of 1964, as amended, the assurance shall obligate
the recipient to make selection of the trainee or fellow
without regard to race, color or national origin.''
S. That where the Recipient receives Federal financial.'
assistance to carry out a program under the Urban Mass
Transportation act of 1964, as amended, the.assurance
shall obligate the recipient to assign transit operators
and to furnish transit operators for charter purposes
without regard to race, color or national origin.
8 '
a
9. That where the Recipient receives Federal financial
assistance to carry out a program under the Urban Mass
Transportation Act of 1964, as amended, routing, sched-
uling, quality of service, frequency of service, age
and quality of vehicles assigned to routes, quality of
== stations serving difterent routes, and location of routes
may not be determined on the basis of race, color, or
national origin.
10. 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-sub-
sequent transfer of real property acquired or improved
under _11-03 -0031 and (b) for the construction or
use of or access to space on, over o der real %,property
acquired, or improved under IL-03
11. That this assurance obligates the Recipient for the
period during which.Federal financial assistance'is ex-
tended to the project, 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 ob-
ligates the Recipient or any transferee for the longer of
the following periods: (a) the period during which the
property is used for a purpose for which the Federal finan-
cial assistance is extended, or for another purpose in-
volving the provision of similar services or benefits; or
(b) the period during which the Recipient retains ownership
or possession of the property.
12. The Recipient shall provide for such methods of adminis-
tration for the program as are found by the Secretary
of Transportation or the official to whom he-delegates
specific authority to give reasonable guarantee that it,
other recipients, subgrantees, contractors, subcontractors,
transferees, successors in interest, and other participants
;— of Federal financial assistance under such program will
comply with all requirements imposed or pursuant to the
Act, the Regulations and-this assurance.
13. The Recipient agrees that the United States has a right to
seek judicial enforcement with regard to any matter arising
�- under-the Act, and Regulations, and this assurance.
== THIS AS$URANCE..is given in consideration of and for the pur-
pose of'obtaining any and all Federal grants, loans, con-
tracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Recipient
9
0
Q
by the Department of Transportation under Federal Urban
Mass Transportation Programs.and is binding on it, other
recipients, subgrantees, contractors, subcontractors, trans-
ferees, successors in interest and other participants in
the Federal Urban Mass Transportation Progrann. The person
or persons whose signatures appear below are authorized to
sign this assurance on behalf of the Recipient.
DATE.
by
.Attachments
Appendices A, 8, and C
Department of Transportation
Village of Deerfield
(Recipient)
Signature of Authorized of is a
VILLAGE PRESIDENT
110
r
APPENDIX A
During the performance of this contract,'the contractor,
for itself, its assignees and successors in interest (here-
inafter referred to as the "contractor ") agrees as follows:
(1) Compliance with Regulations: ..The contractor shall
comply with the Regulations relativq to nondiscrimina-
tion in federally- assisted programs of the Department
of Transportation,(hereinafter,: "DOT ") Title 49, Code
of Federal Regulations, Part 21; as they may be amended
from time to-time (hereinafter referred to as the
Regulations), which are herein incorporated by ref-
erence and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to
the work performed by 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 S
of the Regulations.
(3) Solicitiation
of Materials
for Subcontr.a4ts, Including Procurements
uipment: 'In all so
e i trier
by competitive bidding or negotiation made by the con-
tractor for work to be performed under a subcontract,,
including procurements of materials or leases of equip-
ment, each potential-subcontractor or supplier shall
be notified by the contractor of the contractor's ob-
ligations under this contract and the Regulations relative
to nondiscrimination on the grounds of race, color, or
national origin.
(4) Informatipn 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 Recipient or the Urban Mass Transportation Adminis-
tration (UMTA) to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where
any information is required or a contractor is in the.ex-
clusive possession of another who fails or refuses to
11
(App•At Pg•2)
furnish this information, the contractor shall so car-
tify to the Recipient, or the Urban Mass Transportation,
as appropriate, and shall set forth what efforts it
has made-to obtain the information.."
5) Sanctions for Noncom liance: In the event of the con-
tractor's noncompliance with the nondiscrimination •
provisions of this contract, the Recipient shall im-
pose such contract sanctions as it or the Urban Mass
Transportation Administration may determine to be ap-
propriate, including4 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 the7
contract, in whole or in part..
6) Incorporation of Provisions: The contractor shall in-
clude the provisions of paragraph (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 Recipient or the Urban Mass Trans -.
portation Administration may direct as a means of en-
forcing such provisions including sanctions for non -
compliance: Provided, however, that, in the event a
contractor becomes involved in, or is threateded with, -
litigation with a subcontractor or supplier as a result'
of such direction., the ..contractor may request the
Recipient to enter into such litigation to protect the.
interests of the Recipient, and, in addition, the con-
tractor may request the United States to enter into
such litigation to protect the interests of the United
States.
J
12
APPENDIX B
A. The following clauses shall be included in any and all
deeds effecting or recording the transfer of real
property, structures or improvements thereon, or in-
terest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE,. the - Department of Transportation, as
authorized by law,.and upon the condition that.the'Rec-
ipient will accept title to the lands and maintain the
project constructed thereon, in accordance with the Urban
Mass Transportation Act of 1964, as amended, the Regu-
lations for the Administration of Federal Urban Mass
Transportation Programs and the policies and procedures
prescribed by the Urban Mass Transportation Administration
of the Department of Transportation and, also in accordance
with and in compliance with all requirements imposed by
or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle Al Office of the
Secretary, Part 21, Nondiscrimination in federally - assisted
programs of the Department of Transportation (hereinafter*
referred to as the Regulations) pertaining to and effectu-
ating the provisions of-Title-VI of the Civil Rights Act
of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d -4) , does
hereby remise, release, quitclaim and convey unto the
Village -of - Deer_field a ll the right, title, and interest..
of 'the Department of.Transportation.in and to said lands
described in Exhibit ".A" attached hereto and made a part
hereof.
(HEBENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto
Village - of.-Dserf.iOld and its successors forever, subject,
)aowever,, to the covenants, conditions, restrictions and
reservations herein contained as follows, which will re-
main in effect for the period during which the real
property or structures are used for a purpose for which
Federal financial assistance is extended or for another
purpose involving the provision of 6imilar'services or
benefits and shall be binding on the Village -of Deerf;.eid
its-successors and assigns.
The Village„ of Deerfield,, in consideration of the con -
veyanc..e of szi�'c : zandii ,u.nd iijLerests in.. lands., do e5.. hereby
13
(App.B,Pg.Z)
covenant and agree as a covenant running with the land for
itself, its successors and assigns, that (1) no person shall
on the grounds of race, color, or national origin, be ex-
cluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination with regard to any
facility located wholly or in part on; over or under such
land hereby conveyed (,) '(and)* (2) that the Village of
Dee.rf iel& shall use the lands and interests. in lands so
conveyed, in compliance with all requirements imposed by or
pursuant to Title 49, Cpde of Federal.Regulations, Depart-
ment 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, and as said Regulations may
be amended 'G) and (3) . that in the event of breach of " any of
the above - mentioned nondiscrimination conditions, the Depart -
ment'shall have a right tore -enter said lands and facilities
on said land, and the above described land and facilities
shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns
as such interest existed prior to this instruction.*
*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.
.0 14
APPENDIX C
The following clauses shall be included in all deeds, licenses,
leases, permits, or similar instruments entered into.by the
Recipient pursuant to the provisions of Assurance 6(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 a covenant running with the land ") that in
the event facilities are constructed, maintained, or. otherwise
operated on the said property described in this (deed -, license,
lease, permit, etc.) for a purpose for which a Department of
Transportation program or activity is extended or for another
purpose involving the provision of similar services or bene-
fits, the (grantee, licensee, lessee, permttee, 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 Transportation; Subtitle A,
office of the Secretary, Part 21, Nondiscrimination in federally -
assisted programs of the Department of Transportation - Effectua-
tion.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, Village of Deerfield shall have the right to. termi-
nate 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 nondiscrimina-
tion covenants, Village of Deerfield shall have the right to
re -enter said lands and facilities thereon, and the above des-
cribed lands and facilities shall thereupon revert to and vest
in and become the absolute property of Village 'of Deerfieldand
its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by Village of-Deer.-
field pursuant to the provisions o:f. Assurance, 6.(b) .
0
15
(App. C 9 p6• ,� )
The (grantee, licensee, lessee, permitee, 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 rmning with the land ") that (1)
person on.-the ground of race, color, or national origin-shall
be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements
on, over, or under such land and the furnishing of services
thereon, no person on the ground of race, color, or national
origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permitee, etc.)'shall
use the premises in compliance with all other requirements im-
posed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Sec-
retary, Part 21, Nondiscrimination in federally- assisted pro-
grams of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964), and as said Regu-
lations maybe amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach ofany of the above nondiscrimina-
tion covenants, Village of:Deerfield 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 nondiscrimina
tiore covenants, Village of Deerfield shall have the right to
re -enter said land and facilities thereon, and the above de-
s-cribed lands and facilities shall thereupon revert to and vest
in and become the absolute property of Village'of Deerfield -
and its assigns. J
*Reverter clause and related language
it is determined that such a•clause is
to effectuate the purpose of Title VI
Act of 1964..
16
to be used only when
necessary in order.
of the Civil Rights