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State of Washington Department of Ecology <br />Agreement No: WQC-2022-EverPW-00085 <br />Project Title: Water Quality Treatment at 3rd Avenue SE <br />Recipient Name: City of Everett <br />Page 22 of 44 <br />"Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to <br />a RECIPIENT or project. <br />"Scope of Work" means the tasks and activities constituting the project. <br />"Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. <br />"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of <br />execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after <br />the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the <br />claim or lien of the loan, subject only to Maintenance and Operation Expense. <br />"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established <br />by Chapter 90.50A.020 RCW. <br />"Termination Date" means the effective date of ECOLOGY's termination of the agreement. <br />"Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding <br />balance of the loan and all accrued interest. <br />"Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to <br />be eligible for ECOLOGY grant or loan funding, including any required recipient match. <br />"Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for <br />ECOLOGY grant or loan funding. <br />"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions <br />to and extensions and betterments of the Utility. <br />"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into <br />the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID <br />Assessments will include principal installments and any interest or penalties which may be due. <br />"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net <br />Revenue of which is pledged to pay and secure the loan. <br />SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED <br />FINANCIAL ASSISTANCE FUNDING. <br />The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on <br />ECOLOGY's Water Quality Program website. <br />A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of <br />Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring <br />qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final <br />architectural/engineering services contract and submit a copy of the contract to ECOLOGY. <br />B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: <br />a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the <br />type of ownership interest that has been acquired. <br />b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding <br />assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) <br />shall be incorporated into the agreement before final payment. <br />c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser <br />interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, <br />on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being <br />acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use <br />language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to <br />provide a copy of the recorded document to ECOLOGY. <br />Template Version 12/10/2020 <br />