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subject to operation and or maintenance obligations,the failure to comply with such obligations,without cure after a
<br /> reasonable period as determined by the RCO,is a conversion. Determination of whether a conversion has occurred
<br /> shall be based upon the terms of this Agreement,including without limitation all WACs and manuals deemed
<br /> applicable and all applicable laws.
<br /> For acquisition projects that are expressly term limited in the Agreement,such as one involving a lease or a term-
<br /> limited restoration, renovation or development project or easement,the restriction on conversion shall apply only for
<br /> the length of the term, unless otherwise provided by this Agreement, any applicable manual or WAC,or any
<br /> applicable state or federal law.
<br /> When a conversion has been determined to have occurred,the Sponsor is required to remedy the conversion per this
<br /> Agreement and the applicable manuals,WACs and laws,and the RCO may pursue such remedies as the above
<br /> allows.
<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;
<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, and in compliance with applicable
<br /> statutes, rules,and applicable WACs and manuals,facilities must be open and accessible to the general public,and
<br /> must
<br /> 1. Be constructed,maintained,and operated to meet or exceed the minimum requirements of the most current
<br /> guidelines or rules, local or state codes, Uniform Federal Accessibility Standards,guidelines,or rules,
<br /> including but not limited to:the International Building Code,the Americans with Disabilities Act,and the
<br /> Architectural Barriers Act, as amended and updated.
<br /> 2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
<br /> 3. Be available for appropriate use by the general public at reasonable hours and times of the year,according
<br /> to the type of area or facility,unless otherwise stated in RCO manuals, by a decision of the RCO director in
<br /> writing. Sponsor shall notify the public of the availability for use by posting and updating that information on
<br /> its website and by maintaining at entrances and/or other locations openly visible signs with such information.
<br /> ORDER OF PRECEDENCE
<br /> This Agreement is entered into,pursuant to, and under the authority granted by applicable federal and state laws.The
<br /> provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
<br /> between the terms of this Agreement and any applicable statute, rule,or policy or procedure,the conflict shall be resolved by
<br /> giving precedence in the following order:
<br /> A. Federal law and binding executive orders;
<br /> B. Code of federal regulations;
<br /> C. Terms and conditions of a grant award to the state from the federal government;
<br /> D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
<br /> law;
<br /> E. State law(constitution,statute);
<br /> F. Washington Administrative Code;
<br /> G. Applicable RCO manuals.
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<br /> RCO: 18-2022 Revision Date: 1/1/2019 Page 16 of 19
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