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the RCO guidance would not meet such requirements.
<br /> 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and
<br /> approved by the RCO must receive prior written approval of the RCO.
<br /> C. Control and Tenure.The Sponsor must provide documentation that shows appropriate tenure and term(such as
<br /> long-term lease,perpetual or long-term easement,or perpetual or long-term fee simple ownership,or landowner
<br /> agreement or interagency agreement for the land proposed for construction,renovation,or restoration.The
<br /> documentation must meet current RCO requirements identified in this Agreement as of the effective date of this
<br /> Agreement unless otherwise provided in any applicable manual, RCW,WAC,or as approved by the RCO.
<br /> D. Use of Best Management Practices.Sponsors are encouraged to use best management practices including those
<br /> developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include
<br /> "Integrated Streambank Protection Guidelines",2002;"Land Use Planning for Salmon,Steelhead and Trout:A land
<br /> use planner's guide to salmonid habitat protection and recoveryr",2009","Protecting Nearshore Habitat and Functions
<br /> in Puget Sound",2010;"Stream Habitat Restoration Guidelines",2012;"Water Crossing Design Guidelines",2013;
<br /> and"Marine Shoreline Design Guidelines",2014.These documents, along with new and updated guidance
<br /> documents,and other information are available on the AHG Web site.Sponsors are also encouraged to use best
<br /> management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing
<br /> Accidental Introductions of Invasive Species"which is available on the WISC Web site.
<br /> E. At no time shall the Sponsor design, construct,or operate this grant funded project in a way that unreasonably puts
<br /> the public, itself,or others at risk of injury or property damage.The Sponsor agrees and acknowledges that the
<br /> Sponsor is solely responsible for safety and risk associated with the project,that RCO does not have expertise,
<br /> capacity,or a mission to review, monitor,or inspect for safety and risk,that no expectation exists that RCO will do so,
<br /> and that RCO is in no way responsible for any risks associated with the project.
<br /> LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
<br /> A. Long-Term Obligations.This section applies to completed projects only.
<br /> B. Perpetuity. For acquisition,development,and restoration projects,or a combination thereof, unless otherwise
<br /> allowed by applicable manual, policy,program rules,or this Agreement,or approved in writing by RCO.The RCO
<br /> requires that the project area continue to function for the purposes for which these grant funds were approved, in
<br /> perpetuity.
<br /> C. Conversion.The Sponsor shall not at any time convert any real property(including any interest therein)or facility
<br /> acquired,developed, renovated,and/or restored pursuant to this Agreement, unless provided for in applicable
<br /> statutes, rules,and policies.Conversion includes, but is not limited to,putting such property(or a portion of it)to uses
<br /> other than those purposes for which funds were approved or transferring such property to another entity without prior
<br /> approval via a written amendment to the Agreement.All real property or facilities acquired,developed, renovated,
<br /> and/or restored with funding assistance shall remain in the same ownership and in public use/access status in
<br /> perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change
<br /> in use is approved by the RCO through an amendment.Failure to comply with these obligations is a conversion.
<br /> Further,if the project is subject to operation and or maintenance obligations,the failure to comply with such
<br /> obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of
<br /> whether a conversion has occurred shall be based upon all terms of the Agreement,and all applicable state of federal
<br /> laws or regulation.
<br /> 1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set
<br /> forth in this Agreement(with incorporated documents)and as required by all applicable policies,manuals,
<br /> WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by
<br /> a court or other decision-making body,and the RCO may pursue all remedies as allowed by the Agreement
<br /> or law.
<br /> CONSTRUCTION,OPERATION,USE,AND MAINTENANCE OF ASSISTED PROJECTS
<br /> The following provisions shall be in force for this agreement:
<br /> A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with
<br /> the grant funds, including undeveloped sites, are built, operated, used,and maintained:
<br /> 1) According to applicable federal,state,and local laws and regulations, including public health standards and
<br /> building codes;
<br /> 2) In a reasonably safe condition for the project's intended use;
<br /> RCO:20-1579 Revision Date:6/1/2021 Page 18 of 21
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