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37 <br />1968, as amended, 42 U.S.C. §§ 3601 et seq., and with Executive Order No. 12892, <br />"Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively <br />Furthering Fair Housing," 42 U.S.C. § 3608 note. <br />c. Prohibition Against Use of Lead-Based Paint. In undertaking <br />construction or rehabilitation of residential structures on behalf of individuals affected by <br />real property acquisition in connection with implementing the Project, the Contractor <br />agrees that it will not use lead-based paint, consistent with the prohibitions of Section <br />401 (b) of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4831(b), and the <br />provisions of U.S. Housing and Urban Development regulations, "Lead-based Paint <br />Poisoning in Certain Residential Structures." <br />Section 26. Real Property. For real property acquired with Federal assistance, the <br />Contractor agrees as follows: <br />a. Land Acquisition. The Contractor agrees to comply with 49 U.S.C. § <br />5324(a), which requires compliance with the Uniform Relocation Assistance and Real <br />Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and <br />with U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition <br />for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S. DOT <br />final rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and <br />Federally Assisted Programs," 49 C.F.R. Part 24, 70 Fed. Reg. 590 et seq., January 4, <br />2005.] These requirements apply to all interests in real property acquired for Project <br />purposes regardless of Federal participation in the cost of that real property. <br />b. Covenant Assuring Nondiscrimination. The Contractor agrees to <br />include a covenant in the title of the real property acquired for the Project to assure <br />nondiscrimination during the useful life of the Project. <br />c. Recording Title to Real Property. To the extent required by FTA and the <br />Department, the Contractor agrees to record the Federal and/or State's interest in title to <br />real property used in connection with the Project and/or execute at the request of the <br />Department any instrument or documents evidencing or related to the State's interest in <br />the Project's property. <br />As a condition of its participation in a Facility Project, the Department will retain a secured <br />interest in the Project for the estimated life of the Project, expected to be forty (40) years, <br />following completion of the Project; or the prorated share of the original investment or <br />current fair market value (the higher value of the two); whichever comes first. <br />d. Department Approval of Changes in Real Property Ownership. The <br />Contractor agrees that it will not dispose of, modify the use of, or change the terms of the <br />real property title, or other interest in the site and facilities used in the Project without prior <br />written permission and instructions from the Department. <br />e. Disposal of Real Property. <br />If useful life is not attained, upon the sale or disposition of any Project facility, the <br />Department shall be entitled to a refund of the original state and/or federal investment or <br />the state and/or federal prorated share of the current fair market value of the project <br />facility, whichever is greater. <br />For the purpose of this Agreement, the term "any sale or disposition of the Project facility" <br />shall mean any sale or disposition of the facility for a use not consistent with purposes for <br />which the state and/or federal share was originally granted pursuant to the Project <br />Agreement, or for a use consistent with such purposes wherein the transferee in the sale <br />or disposition does not enter into an assignment and assumption agreement with the <br />Revised 1/6/10 <br />