Hairpin Ranch RCO Project Agreement_Forterra Signed

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