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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 (Grant 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 /> to 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 /> D. Funding Conditions <br /> The Board certifies that at the time this Agreement is written sufficient funds are authorized for <br /> expenditure 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 /> reasonable administrative discretion, to provide the funding. The Board may reduce the amount <br /> of this grant if a reduction in Oregon State Lottery revenues results in reduced funding to the <br /> Board. If all or any portion of the grant funds are not disbursed before the end of the current state <br /> fiscal biennium, disbursement of all remaining funds is contingent upon legislative and any other <br /> necessary approvals of the Board's next biennial expenditure limitation. <br /> 07-09 Capital 08.01.08.doc 2 <br /> <br /> i <br /> <br />