2016-08-22-minutes-public-works-study-session

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C. Remedies for a Conversion. The RCO shall only approve a conversion when the sponsor has demonstrated the following: 1. All practical alternatives to the conversion have been evaluated and rejected; and 2. The sponsor agrees to replace the entire project area or the portion of the project area affected by the conversion and assume the obligations described in Section E: On-going Obligations on the replacement property or facilities. The replacement must: (a) Be of equivalent or greater usefulness and location as the original project in this Agreement; (b) Be managed by the sponsor unless otherwise approved by the RCO; (c) Be eligible to receive a grant from the source of funds from which this project was originally funded, unless otherwise authorized by RCO; (d) If an acquisition project, be interest in real property of at least equal market value and public benefit at the time of replacement; (e) If a development, renovation, or maintenance project, provide a facility of at least equal market value and public benefit as that which existed at the time of the original investment of RCO funds; and (f) If a restoration project, provide restoration activities necessary to replicate the ecological benefit intended by the project; and 3. Publish a notice of the proposed conversion and replacement and provide the public an opportunity to comment; D. Change of Use. When approved by RCO, certain activities within the eligible scope activities of this project may be removed from this Agreement without invoking a conversion. Removing activities is allowed when the RCO determines that the activities are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence, 2. Extraordinary vandalism, 3. Acts of nature, 4. Designed useful service life expectancy reached, 5. Fire, 6. Property or property rights lost as a result of legal action, or 7. National Trails System Act reversion order. E. Documentation. Any conversion or change of use will be documented through a formal written amendment to this Agreement and signed by RCO and the sponsor. SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, maintenance, renovation or restoration project: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the RCO funds, including undeveloped sites, are built, operated, used, and maintained: 1. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. 2. In a reasonably safe condition for the project's intended use. 3_ Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Facilities open and accessible to the general public must: Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. 2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and limes of the year, according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution, the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terns and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). RCO 16-1860C Page 15 of 23