2017-03-13-minutes-public-works-study-session

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Amendment Special Conditions Project Sponsor: Kittitas County Public Works Project Number: 16-1860 C Project Title: Ringer Loop Acquisitions and Design Amendment Number: 2 Special Conditions 1. Source of Funding Funding for this agreement comes from the Washington State Department of Ecology's (Ecology) Yakima Basin Integrated Plan funds through RCO interagency agreement #17-15. The RCO interagency agreement and its amendment are attached in PRISM (see attachments #257776 and #295992). As a result, the following revisions to this RCO agreement apply. a. Section E On -Going Obligations: In the first paragraph, whenever the phrase "funding board" is used in the text, it should be replaced by "Ecology". The second paragraph regarding the planning portion of the project does not apply since Project Agreement Amendment #1 removed planning from the project scope of work. b. Section 23D, Conveyance of Rights to the State of Washington: The text is replaced in its entirety to state: "When real property rights (both fee simples and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to Ecology, on behalf of the State of Washington. The sponsor agrees to use document language provided by RCO from Ecology, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO." c. Section 24A, Restriction on Conversion of Real Property and/or Facilities to Other Uses: The text is replaced in its entirety to state: "The sponsor shall not at any time convert any real property (including any interest therein) acquired pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of Ecology in compliance with applicable statutes, rules, and Ecology policies. d. Section 24B, Conversions Defined: Whenever the acronym "RCO" is used in the text, it should be replaced .by "Ecology". e. Section 24C, D, and E do not apply. 2. Preliminary Title Reports Required Before any reimbursement is made, the sponsor must submit the preliminary title report for the subject property within the scope of work approved in this Project Agreement. 3. Archaeological and Cultural Resource Consultation, EO 05-05 Exemption due to no ground disturbance: This project does not include ground disturbing activities, nor alter structures built more than 50 years ago, and therefore appears to be exempt from Governor's Executive Order 05-05 Archaeological and Cultural Resources Consultation as described in Section S of this project agreement. If any ground disturbance or demolition or modification of structures older than 50 years becomes necessary, promptly notify your RCO grant manager as cultural resources consultation will be required. Completion of this consultation and a Notice to Proceed from RCO will be required before these activities can begin. ASPECCONDAPT February 27, 2017 Page 1