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

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2_ Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. 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 sponsor may incorporate required language from the Dead of Right or Assignment of Rights directly Into the easement or tease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Properly Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. When federal funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970, 84 Stat 1894 (7970)—Public Law 8148, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency Implementing thatAct. 2. State Acquisition Policies. When State funds are part of this Agreement, the sponsor agrees to comply whth the terms and conditions of the Uniform RelocatlonAssistance and Real Property Acquisition Policy of the State of Washington. RCW 8.25, and WAC 465-100. 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 sponsor agrees to provide any housing and relocation assistance required. 4. Condemnation. Acquisition of real property through or as a direct result of condemnation Is not eligible forfunding in this Agreement Acquisition of reel properly must be on a willing -seller basis. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section B.C.; Archaeological and Cultural Resources before structures are removed or demolished. G. HazardousSubstances. 1. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition alto for the presence of hazardous substances, as defined in RCW 70.1 05D.020(i 0). and certify: a. No hazardous substances were found on the site, or b. Any hazardous substances found have been treated and/or disposed of In compliance with applicable slate and federal laws, and the site doomed 'dean! 2. Responsibility. Nothing in this provision alters the sponsors duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3 Bold Harmless. The sponsor will defend, protect and hold harmless the RCO 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 sponsor is acquiring. H. Requirements for Federal Subawards. The non -Federal entity (sponsor) must submit reports at least annually on the status of real property in which the Federal Government relains an interest, unless the Federal Interest in the real property m elands 15 years or longer. In those instances where the Federal Interest attached is for a period of 13 years or more, the Federal awarding agency or the pass-through entity (RCO), at its option, may require the sponsor to report at various multi-year frequencies (e.g.. every two years or every three years, not to exceed a five-year reporting period; or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years) (2 CY R § 200.329 (2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AMOR FACILITIES TO OTHER USES A. Restriction on Conversion. The sponsor shall not at any time convert arty real property (including arty interest therein) acquired, or facility 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 the RCO In compliance with applicable statutes, rules, and RCO policies_ it is the intent of the RCO's conversion pdicy, current or as amended in the future, that all real property acquired or any project facilities developed, maintained. renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise Identified in Section E: On-going Obligations or as approved by the RCO. B. Conversions Defined. A conversion occurs under arty of the following circumstances: 1. Conveyance. Interests in real properly are conveyed for purposes Inconsistent with the intent of the Agreement and the funding source. Interests in real property include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights. 2. Use. Nan-allgible uses (public or private) are matte of the project area nr a portion of the project area, 3. t:llgibility. Non -eligible flacilities are developed with the project area without prior approve of the RCO. 4. Termination of Use/Non-Conformance. The property acquired or the project developed or restored no longer meets or conforms to the purpose of this Agreement or the funding source. 5. Public Access. Closure of public access sites is for longer than 180 consecutive days. RCO 16-1860C Page 14 of 23