WA ST Recreation and Conservation Office 10/15/2021

3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public.Unless otherwise specifically provided for in the Agreement,and in compliance with applicable statutes, rules,and applicable WACs and manuals,facilities must be open and accessible to the general public,and must: 1) Be constructed,maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards,guidelines,or rules, including but not limited to:the International Building Code,the Americans with Disabilities Act,and the Architectural Barriers Act,as amended and updated. 2) Appear attractive and inviting to the public except for brief installation,construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year,according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing.Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute,rule,or policy or procedure,the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution,RCW,and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions,and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to alter,amend, modify,or waive any clause or condition of this Agreement; provided that any such alteration,amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may,at it's discretion,enforce this Agreement by the remedy of specific performance,which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However,the remedy RCO:20-1579 Revision Date: 6/1/2021 Page 19 of 21