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a. Land Acquisition The Contractor agrees to comply with 49 U.S.C. § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and with U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S. DOT final rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, 70 Fed. Reg. 590 et seq., January 4, 2005.1 These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in the cost of that real property. b. Covenant Assuring Nondiscrimination The Contractor agrees to include a covenant in the title of the real property acquired for the Project to assure nondiscrimination during the useful life of the Project. C. Recording Title to Real Property To the extent required by FTA and the Department, the Contractor agrees to record the Federal and /or State's interest in title to real property used in connection with the Project and /or execute at the request of the Department any instrument or documents evidencing or related to the State's interest in the Project's property. (1) As a condition of its participation in a Facility Project, the Department will retain a secured interest in the Project for the estimated life of the Project, expected to be forty (40) years, following completion of the Project; or the prorated share of the original investment or current fair market value (the higher value of the two); whichever comes first. To the extent required by FTA and the Department, the Contractor agrees to record the Federal and State interest in title to real property used in connection with the Project. d. Department Approval of Ghanges in Real Property. Ownership The Contractor agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the, site and facilities used In the Project without prior written permission and instructions from the Department. e. Disposal of Real Property (1) If useful life is not attained; upon the sale or disposition of any Project facility, the Department shall be entitled to a refund of the original state and/or federal investment or the state and /or federal prorated share of the current fair market value of the project facility, whichever is greater. (2) For the purpose of this Agreement, the term "any sale or disposition of the Project facility" shall mean any sale or disposition of the facility for a use not consistent with purposes for which the state and /or federal share was originally granted pursuant to the Project Agreement, or for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption agreement with the Contractor with respect to the Contractor's obligation under this Agreement or the Grant Agreement, so that the transferee becomes obligated as if the transferee had been the original party. Section 23. Construction, Except to the extent the Department determines otherwise in writing, the Contractor agrees as follows: a. Drafting, Review, and Approval .of Construction Plans and Specifications The Contractor agrees to submit drawings, designs, and /or description of work for construction, renovation, or facility improvement projects, including the purchase or construction of bus shelters to the Department for its review and approval prior to solicitation. b. MBE/WBE /DBE Participation The Contractor agrees to record and report Minority - owned Business good faith efforts in accordance with N.C.G.S. 143- 128.2(f). Updated 3/01/11 Page 28 of 41 Attachment number 2 F -g Page 162