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A. Long-Term Obligations of RCFB Projects. Sponsor shall comply with WAC 286-13-160, 170, and
<br /> 180.
<br /> B. Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420.
<br /> C. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless
<br /> otherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or the
<br /> funding board, RCO requires that the project area continue to function as intended after the period of
<br /> performance in perpetuity.
<br /> D. Conversion.The Sponsor shall not at any time convert any real property (including any interest
<br /> therein) or facility acquired, developed, renovated, and/or restored pursuant to this Agreement, unless
<br /> provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to,
<br /> putting such property to uses other than those purposes for which funds were approved or
<br /> transferring such property to another entity without prior approval via a written amendment to the
<br /> Agreement. Also see WAC Title 286 or 420 and applicable policies. All real property or facilities
<br /> acquired, developed, renovated, and/or restored with funding assistance shall remain in the same
<br /> ownership and in public use/access status in perpetuity unless otherwise expressly provided in the
<br /> Agreement or applicable policy or unless a transfer or change in use is approved by the funding board
<br /> through an amendment. Failure to comply with these obligations is a conversion. Further, if the project
<br /> is subject to operation and or maintenance obligations, the failure to comply with such obligations,
<br /> 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 this Agreement, applicable law and
<br /> RCFB/SRFB policies.
<br /> For acquisition projects that are expressly term limited in the Agreement, such as one involving a
<br /> lease or a term-limited restoration, renovation or development project or easement, the restriction on
<br /> conversion shall apply only for the length of the term, unless otherwise provided in this Agreement, by
<br /> funding board policy, other RCO approved written documents, or required by applicable state or
<br /> federal law.
<br /> When a conversion has been determined to have occurred, the Sponsor is required to remedy the
<br /> conversion per established funding board policies, and the board or RCO may pursue such remedies
<br /> as are allowed by law and board policies, and/or this Agreement.
<br /> SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
<br /> The following provisions shall be in force only if the project described in this Agreement is an acquisition,
<br /> development, maintenance, renovation, or restoration project:
<br /> A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities
<br /> assisted with funding board funds, including undeveloped sites, are built, operated, used, and
<br /> maintained:
<br /> 1. According to applicable federal, state, and local laws and regulations, including public health
<br /> standards and building codes;
<br /> 2. In a reasonably safe condition for the project's intended use;
<br /> 3. Throughout its estimated useful service life so as to prevent undue deterioration;
<br /> 4. In compliance with all federal and state nondiscrimination laws, regulations and policies.
<br /> B. Open to the public. Unless otherwise specifically provided for in the Agreement of funding board
<br /> policies, and in compliance with applicable statutes, rules, and funding board policies, facilities must
<br /> be open and accessible to the general public, and must:
<br /> RCO 16-1310D Revision Date: 1/11/2018 Page 23 of 37
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