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RCO: 24-1328 Revision Date: 1/31/2025 Page 19 of 22
<br />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 recovery”, 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;
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