2008 Land Lease Permit, ODOT #24915, Ferry Street Bridge

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05/01/2008 13:57 FAX 5039863625 ODOT ROSY 2007 • J 10- City, for itself, its representatives, successors, and assigns, as a part of the consideration for this agreement, does hereby covenant and agree, as a covenant running with the premises, that (1) no person, on the ground of race, color, or natural origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of the facilities'on the premises; (2) that in connection with the construction of any improvements on the premises and e:w furni of services thereon, no discrimina tion shall be practiced in the selection of employes and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first - tier subcontractors in the selection and retention of second -tier subcontractors.; (31 that such discrimination shall not be practiced against the public in its • access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, and recreation) constructed or operated on the space of the right-of -way; and (4) that City will use the premises incompliance with all other requirements imposed pursuant to Title 15, Code of Federal Regula- tions, Commerce and Foreign. Trade, Subtitle A, Office of the Secretary of Commerce, Part 8, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, State shall have the right to terminate this agreement and to re - enter and repossess the premises and the facilities thereon, and hold the same as if this agreement had never been made. 11. City shall not assign this lease'or sublet the premises without the prior written consent of State and the U.S. Department of Transportation, and any • attempt to assign or sublet without said written consent shall be void and shall be grounds for termination of this lease at the option of State. 12. State hereby covenants and agrees with City that City, complying with all provisions of this lease, shall at all times during the leasing period peaceably and quietly have, hold and enjoy the premises, without suit, trouble or hindrance from State, but if City should breach or fail to comply with any provision of this lease, or if City discontinues use of the leased premises for more than a • continuous 60 -day period, said act br acts of omission or commission may at the • option of State constitute a forfeiture of all rights under, the voiding of and the termination of this lease. The further occupancy of the premises after such for- feiture by City shall be deemed a forcible detainer thereof by City, and State may without notice re -enter and take possession of the premises, and may, wi th r with- out force, and with or without legal process, evict and dispossess Cites premises. If any suit, action or proceeding is brought by State against City for "-F an„ n-ene.icinrl of ttiic 'Page by City. or if anv suit, action or pro-