Hairpin Ranch RCO Project Agreement_Forterra Signed
2019-09-03 10:00 AM - Commissioners' Agenda
Hairpin Ranch RCO Project Agreement_Forterra Signed
8/29/2019 12:03:08 PM
8/29/2019 12:02:11 PM
205 West 5th Room 109 - Ellensburg
Meeting document type
Request to Approve and Authorize the Chairman’s Signature on the Washington State Recreation and Conservation Office Resolution/RCO Project Agreement for Hairpin Ranch Conservation Easement
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'Y WASHINGTON STATE <br />Recreation and <br />Conservation Offic- <br />Project Sponsor: Forterra <br />Project Title: Rader Road Ranch: Protecting Our Rural Legacy <br />RCO Project Agreement <br />Project Nu Int <br />I <br />Approval -Gate: 3/29/2018 ' <br />PARTIES OF THE AGREEMENT Kittitas Co, <br />This Recreation and Conservation Office Agreement (Agreement) is entered into between the State of Washington by and Cog <br />through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation <br />Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and Forterra (Sponsor, and primary Sponsor), 901 Fifth <br />Avenue Suite 2200, Seattle, WA 98164, Kittitas County (Sponsor, and secondary Sponsor), 205 W Fifth Ave, Ellensburg, WA <br />98926, and shall be binding on the agents and all persons acting by or through the parties. <br />All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that <br />expressly apply only to the primary Sponsor. <br />Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized <br />Rep resentative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, <br />including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project <br />agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity, if applicable, as provided <br />therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required <br />with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all <br />sponsors, unless otherwise allowed in Amendments and Agreement Section. <br />If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant <br />Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization <br />signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely <br />upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement <br />(including any amendments thereto) and decisions related to implementation of the Agreement. <br />For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act <br />as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). <br />PURPOSE OF AGREEMENT <br />This Agreement sets out the terms and conditions by which a grant is made from the Farm and Forest Account of the State of <br />Washington. The grant is administered by the Recreation and Conservation Office (RCO). <br />DESCRIPTION OF PROJECT <br />Forterra and Kittitas County are partnering on this grant to permanently protect approximately 276 acres of working ranchland <br />and extinguish 65 development rights via an agricultural conservation easement. The Radar Road Ranch currently supports <br />pasture for cattle but includes prime soils that are capable of growing a wide variety of agricultural crops, including hay, sugar <br />beets and orchard crops. Radar Ranch includes nearly one mile of riparian habitat along Naneum Creek in Kittitas County <br />The easement will prevent future development and ensure the land will remain available for farming in perpetuity. <br />PERIOD OF PERFORMANCE <br />The period of performance begins on July 15, 2019 (project start date) and ends on December 31, 2021 (project end date). Nc <br />allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written <br />amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO <br />manuals as of the effective date of this Agreement. <br />The Sponsor must request extensions of the period of performance at least 60 days before the project end date. <br />STANDARD TERMS AND CONDITIONS INCORPORATED <br />The Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement. <br />LONG-TERM OBLIGATIONS <br />For this acquisition project, the sponsor's on-going obligations shall be in perpetuity and shall survive the <br />completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding <br />board. It is the intent of the funding board's conversion policy (see the Long -Term Obligations Of The Project Sponsors <br />section) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding assistance remain in <br />RCO: 16-1634 Revision Date: 1/1/2019 Page 1 of 19 <br />
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