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' Prof eet No.: 201-613 <br /> West Eugene Wetlands Land Acquisitions <br /> restriction, restricting the use of the Properties to those uses allowed under ORS <br /> 541.375(9). <br /> I~ (4) The commitment of funds by the Board will be rescinded if transfer of fee simple title <br /> to Grantee has not occurred on or before November 30, 2002. <br /> (5) Use of the Properties shall be consistent with the purposes specified in Grantee's grant <br /> application number 2201-613 submitted to the Board (Exhibit B). <br /> (6) Funds disbursed by the Board under this grant award will be used only for "capital <br /> expenditures" as that term is defined in ORS 541.351(4) (Exhibit C). <br /> (7) Grantee will provide written confirmation to the Board that the acquisition and use of <br /> the Properties by Grantee for wetland and associated upland habitat protection and <br /> restoration purposes, and for those purposes specified in Exhibit B, is compatible with <br /> and allowed by applicable provisions of the Lane County Comprehensive Plan and land <br /> use regulations. <br /> (8) These conditions shall continue in effect for the term of this agreement. <br /> <br /> i <br /> (9) Grantee may not assign or transfer its rights under this agreement, or sell, lease, <br /> exchange or otherwise dispose of the Properties without prior written approval from <br /> _-_OW-BB,-which-approval-shall-not-be-unreasonabl-y--withheld. <br /> (10) Grantee shall submit a brief report to the OWEB project manager describing the use <br /> _ an managemen o e ..rope ies, an -ce g a e rope ies is emg use -an <br /> managed in a manner consistent with Exhibit B, the recorded conservation easement, <br /> and Section 4(b), Article XV of the Oregon Constitution by the following dates: June <br /> e <br /> D. Effective Date; Term of Agreement <br /> it This agreement shall become effective upon execution by both parties. Execution maybe made <br /> by facsimile and in counterparts, with conforming originals provided to the Board within seven <br /> <br /> t <br /> (7) days of the date of facsimile. This agreement shall remain in effect for a term of twenty-one <br /> (21) years from its effective date. <br /> E. Accounting for Funds Distributed <br /> The Grantee shall account for funds distributed by the Board using generally accep_ ted <br /> accounting practices. The Grantee further agrees to make such accounting records available to <br /> the Board, the Oregon Secretary of State's Office, or their employees, agents, and independent <br /> contractors upon request. <br /> F. Amendments <br /> Any amendment to this agreement must be mutually agreed to in writing by both parties. <br /> ' 2 <br /> _ _ _ <br /> <br />