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imposed on residents at comparable state or local public facilities.
<br />PROVISIONS APPLYING TO ACQUISITION PROJECTS
<br />The following provisions shall be in force:
<br />A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the Sponsor
<br />agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established
<br />according to all applicable manuals and RCWs or WACs.
<br />B. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership interest for the
<br />property that has been acquired. This shall be done before any payment of financial assistance.
<br />C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased
<br />with funding assistance provided through this Agreement (and protected by a recorded conveyance of rights to the
<br />State of Washington) shall be delivered to RCO before final payment.
<br />1. Deed of Right. The Deed of Right as described in RCO Manual #3 conveys to the people of the state of
<br />Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with
<br />the funding source and project agreement. Sponsors shall use this document when acquiring real property
<br />rights that include the underlying land. This document may also be applicable for those easements where the
<br />Sponsor has acquired a perpetual easement for public purposes.
<br />2. Assignment of Rights. The Assignment of Rights as described in RCO Manual #3 document transfers
<br />certain rights to RCO and the state such as public access, access for compliance, and enforcement.
<br />Sponsors shall use this document when an easement or lease is being acquired under this Agreement. The
<br />Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
<br />reference in the easement document.
<br />3. Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or
<br />Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a
<br />separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft
<br />language prior to executing the easement or lease.
<br />D. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and
<br />procedures are required by local, state, tribal, or federal law, or rule; the Sponsor agrees to provide such housing and
<br />relocation assistance as a condition of the Agreement and receiving grant funds.
<br />1. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed
<br />acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify:
<br />a. No hazardous substances were found on the site, or
<br />b. Any hazardous substances found have been treated and/or disposed of in compliance with
<br />applicable state and federal laws, and the site deemed "clean."
<br />2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
<br />substances as set forth in RCW 70.105D.
<br />3. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all of its
<br />employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of
<br />defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from
<br />the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor
<br />is acquiring, except to the extent, if any, that the State, its officers and agents caused or contributed to the
<br />release . The Funding Entity and RCO are included within the term State, as are all other agencies,
<br />departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state
<br />government.
<br />LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
<br />A. 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. RCO requires
<br />that the project area continue to function as intended after the period of performance in perpetuity.
<br />B. 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 to uses other than those
<br />purposes for which funds were approved or transferring such property to another entity without prior approval via a
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