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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 23 of 44 <br />Documentation Options: <br />1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or <br />use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real <br />property rights that include the underlying land. This document may also be applicable for those easements where the <br />RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on <br />the draft language prior to executing the deed of right. <br />2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to <br />ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and <br />habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by <br />reference in the easement document. <br />3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of <br />Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language <br />will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to <br />executing the easement or lease. <br />d. Real Property Acquisition and Relocation Assistance. <br />1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded <br />projects. <br />2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms <br />and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter <br />8.26 RCW, and Chapter 468-100 WAC. <br />3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) <br />above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to <br />provide any housing and relocation assistance required. <br />e. Hazardous Substances. <br />1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site <br />for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: <br />i. No hazardous substances were found on the site, or <br />ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, <br />and the site is deemed "clean." <br />2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set <br />forth in RCW 70.105D. <br />3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees <br />and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) <br />and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened <br />release of, hazardous substances on the property the RECIPIENT is acquiring. <br />f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses <br />The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, <br />maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were <br />approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or <br />a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for <br />the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such <br />case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner <br />agreement. <br />C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by <br />Template Version 12/10/2020 <br />