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SPECIAL TERMS AND CONDITIONS <br /> 1 ' <br /> 11. ORDER OF PRECEDENCE <br /> In the event of an inconsistency in this Grant,the inconsistency shall be resolved by giving <br /> precedence in the following order: <br /> • Applicable federal and state of Washington statutes and regulations <br /> • Special Terms and Conditions <br /> • General Terms and Conditions <br /> • Attachment I—Project Scope of Work <br /> • Attachment II - Certification of the Availability of Funds to Complete this Project <br /> • Attachment III — Estimated Project Costs <br /> • Attachment IV—Certification of the Payment and Reporting of Prevailing Wages <br /> • Attachment V—Certification of Intent to Enter the Leadership in Energy and Environmental <br /> Design (LEED) Certification Process <br /> 12. REDUCTION IN FUNDS <br /> In the event state funds appropriated for the work contemplated under this Grant are withdrawn, <br /> reduced, or limited in any way by the Governor or the Washington State Legislature during the Grant <br /> period, the parties hereto shall be bound by any such revised funding limitations as implemented at <br /> the discretion of DOH, and shall meet and renegotiate the Grant accordingly. <br /> 13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES <br /> DOH makes no claim to any real property improved or constructed with funds awarded under this <br /> Grant and does not assert and will not acquire any ownership interest in or title to the capital facilities <br /> and/or equipment constructed or purchased with state funds under this Grant; provided, however, that <br /> DOH may be granted a security interest in real property, to secure funds awarded under this Grant. <br /> This provision does not extend to claims that DOH may bring against the Grantee in recapturing <br /> funds expended in violation of this Grant. <br /> 14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY PERFORMANCE <br /> MEASURE AND DISINCENTIVE <br /> A. The Grantee agrees that any and all real property or facilities owned by the Grantee that are <br /> acquired, constructed, or otherwise improved by the Grantee using state funds under this <br /> Grant shall be held and used by the Grantee for the purpose or purposes stated elsewhere in <br /> this Grant for a period of at least ten (10)years from the date the final payment is made <br /> hereunder. <br /> B. This provision shall not be construed to prohibit the Grantee from selling any property or <br /> properties described in this section; Provided, that any such sale shall be subject to prior <br /> review and approval by DOH, and that all proceeds from such sale shall be applied to the <br /> purchase price of a different facility or facilities of equal or greater value than the original <br /> facility and that any such new facility or facilities will be used for the purpose or purposes <br /> stated elsewhere in this Grant. <br /> C. In the event the Grantee is found to be out of compliance with this section, the Grantee shall <br /> repay to the state general fund or to such other state fund as directed by DOH, the principal <br /> amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of <br /> interest on state of Washington general obligation bonds issued most closely to the effective <br /> date of the legislation in which the subject facility was authorized. Repayment shall be made <br /> pursuant to Section 27 of the General Terms and Conditions. <br /> DOH Grant N19726 Pag1 1.0 of 26 City of Everett <br />