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El <br />0 Grant No. 209 -3007 <br />Delta Ponds Habitat Restoration <br />This Grant Agreement is between the Oregon Watershed Enhancement Board, hereafter <br />called "Board," and the Grantee as identified above, in consideration of the mutual <br />covenants contained herein. This Agreement consists of the following, in descending order <br />of precedence: this Agreement less all exhibits; attached Exhibits A (Schedule for Release <br />of Funds), B (Special Conditions), C (Project Completion Report Requirements), D (Post - <br />Implementation Status Report Requirements), E (Permits and Licenses), F (Cooperative/ <br />Landowner Agreement(s)), G (Applicable Statutory Definitions), and H (Giant Application <br />approved by the Board). All exhibits are incorporated by reference. <br />A. Authorization <br />This grant is authorized by ORS 541.351 to 541.401 and is subject to Oregon Administrative <br />Rules 695- 001 -0000 to 695- 050 -0050, as such rules may periodically be amended by the Board. <br />B. Grant Award <br />The Grantee agrees to perform the project described in the grant application (Exhibit H) and <br />as specified in this Agreement, including without limitation in accordance with Conditions C <br />through O of this Agreement, and in accordance with the Special Conditions identified in <br />Exhibit B. In return, the Board agrees to payment of costs identified in this Agreement according <br />Ito the Schedule for Release of Funds, attached as Exhibit A. <br />The Grantee agrees that funds provided by the Board shall be used only for the purposes specified <br />in the grant application (Exhibit H) and as detailed in Exhibits A and B. <br />C. Term of Agreement <br />This Agreement shall become effective upon signature by all parties. Any changes to the project <br />must be approved before implementation and approved by all parties according to Section F, <br />Amendments. The Project Completion Report is due within 60 days following grant completion. <br />The Grantee shall provide at least 25% non -Board match for the total amount of funding from the <br />Board unless otherwise specified in Exhibit B. <br />Fundinu Conditions <br />'he Board certifies that at the time this Agreement is written sufficient funds are authorized for <br />xpenditure within the Board's current appropriation or limitation. Funding is contingent on the <br />Board receiving sufficient expenditure authorizations to allow the Board, in the exercise of its <br />- asonable administrative discretion, to provide the funding. The Board may reduce the amount <br />f this grant if a reduction in Oregon State Lottery revenues results in reduced funding to the <br />,oard. If all or any portion of the grant funds are not disbursed before the end of the current state <br />scal biennium, disbursement of all remaining funds is contingent upon legislative and any other <br />ecessary approvals of the Board's next biennial expenditure limitation. <br />07 -09 Capital 08.01.08.doc <br />