Washington State Department of Ecology 5/5/2019

. State off Washington Department of Ecology Page 18 of 38 Agreement No: WQC-2019-EverPW-00052 Project Title: Port Gardner Bay Outfalls Water Quality Treatment Retrofit Recipient Name: City of Everett Public Works Department when acquiring real property rights that include the underlying land.This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes.The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2.Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY.The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3.Easements and Leases.The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;therefore,the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1.Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies.When state funds are part of this agreement,the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW,and Chapter 468-100 WAC. 3.Housing and Relocation. In the event that housing and relocation costs,as required by federal law set out in subsection(1)above and/or state law set out in subsection(2)above,are involved in the execution of this project,the RECIPIENT agrees to provide any housing and relocation assistance required. e.Hazardous Substances. 1. Certification. The RECIPIENT shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site,or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site is deemed"clean." 2.Responsibility.Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3.Hold Harmless.The RECIPIENT will defend,protect and hold harmless ECOLOGY and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)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 release of,hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property(including any interest therein)or facility acquired, developed,maintained,renovated,and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY.For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration,renovation or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement,deed,or landowner agreement. C.Best Management Practices(BMP)Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation,the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation,please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D.Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement.Washington State's Department of Enterprise Services(DES)issues all payments.DES maintains a central vendor file for Washington State agency use to process vendor payments.The RECIPIENT can complete the Version 10/30/2015