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7 <br />not consider appraisals for prospective values of such property for the purposes of <br />calculating the amount of non-state matching fund credit. <br />vii. In-kind contributions, subject to COMMERCE’S approval. <br />B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has <br />expended funds from such non-state sources and shall make such records available for <br />COMMERCE’s review upon reasonable request. <br />4. STATE PUBLIC WORKS <br />For work done at the cost of the State, GRANTEE must comply with public works statutes RCW <br />39.04 and RCW 39.10, apprenticeship requirements, and the State and local building codes, as <br />applicable. If GRANTEE has questions about compliance, GRANTEE will need to visit the <br />Washington State Department of Labor & Industries Public Works Projects website for more <br />information. <br />5. SITE CONTROL <br />GRANTEES who receive grants for construction, purchase or renovation of facilities must provide <br />written evidence of and maintain site control, either through outright ownership of the subject <br />property or a long-term lease, for a minimum of ten (10) years after the later of: (1) final grant <br />payment; or (2) the date when the facility is made usable to the public for the purpose intended by <br />the Washington State Legislature, including GRANTEE having secured all required licenses, <br />certifications, and/or permits. GRANTEES must provide written evidence of continuing site control <br />as may be requested by COMMERCE. <br />6. DOCUMENTATION AND SECURITY <br />The provisions of this Section shall apply to capital projects performed by nonprofit organizations <br />and public benefit corporations that involve the expenditure of over $250,000 in State funds. The <br />provisions may also apply to Tribes, depending on the location of the Project. Additionally, <br />COMMERCE reserves the right to review all state-funded projects and to require that projects <br />performed by other entity types comply with this Section. Projects for which the grant award or <br />legislative intent documents specify that the state funding is to be used for pre-design or design <br />only are exempt from this Section. <br />A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by <br />a deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of <br />Trust). The Deed of Trust shall be recorded in the County where the Project is located, and the <br />original returned to COMMERCE after recordation within 90 calendar days of Grant Agreement <br />execution. The Deed of Trust must be recorded before COMMERCE will reimburse the <br />GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount <br />of the Grant Agreement as set forth on the Face Sheet. <br />B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and <br />effect for a minimum period of ten (10) years following the later of: (1) final payment of state <br />funds to the GRANTEE under this Grant Agreement; or (2) the date when: <br />i. the facility improved or acquired with grant funds; or <br />ii. a distinct phase of the Project <br />is made useable to the public for the purpose intended by the Washington State Legislature (the <br />Commitment Period). Upon satisfaction of the Commitment Period term requirement and all other <br />Grant Agreement terms and conditions, COMMERCE shall, upon written request of the <br />GRANTEE, take appropriate action to reconvey the Deed of Trust. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA