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Kaulunani Urban Forestry Pro+ +m <br /> GRANT AGREEMENT <br /> 1997 <br /> <br /> Tlris Agreement is made and entered into on Julp 21, 1997 by and between the Hawaii Department of Land <br /> and Nahrral Resources, Division of Forestry and Wildlife, as a component agency of the State of Hawaii, and <br /> the Caunht Hn:unii.., the Grantee. <br /> The Division is awarding the Grantee an Urban Forestry Grant for the specific project set forth in the Grant <br /> Application and the Grantee agrees to the following: <br /> 1. The effective date of this Agreement is AUQUSt 1, 1997. <br /> 2. The grant award amount is $12,000 <br /> 3. The Grantee has one (1) year from the date of signing this agreement to complete the project. (If the <br /> project Iras not begun by one year from the approval date, the award wi0 be canceled.) <br /> 4. The Project shall be subject to periodic inspections by the Divisions. <br /> 5. The Grantee shall submit to the Division reports at the midpoint of the project and upon completion of the <br /> project. (Please check the application for cletails.) Additionally, include at least one representative <br /> photograph or slide of the project. <br /> 6. The money is to be spent only on those items which are listed in the attached letter. Project costs <br /> incurred prior to the effective date of this Agreement are ineligible for reimbursement. <br /> 7. Three Payments to Grantee. (1) An advance payment within 45 days of signing this agreement, (2) at the <br /> midpoiut of the project and after the midpoint report has been received, and (3) upon completion of the <br /> project and after the final report has been received. <br /> 8. This Agreement may be terminated prior to the completion of the Project under any of the following <br /> conditions: (a) By the Division, after fifteen (15) calendar days written notice, if the Grantee fails to <br /> perform any of its duties under this Agreement, (b) By either party after sixty (60) calendar days written <br /> notice, but subject to return of any payment received by the Grantee if termination is by Grantee, (c) By <br /> the Division if federal funding for the program is terminated. <br /> 9. If this Agreement is terminated before the Division has paid the entire Grant amount to the Grantee, the <br /> Division shall pay the Grantee a percentage of the Grant amount equal to the percentage of the Project's <br /> completion unless the Agreetent is terminated by the Division under item 8 (a or c) above, in which case <br /> no additional payment shall be made to the Grantee. <br /> 10. The Grantee promises and agrees that it will indemnify and hold harmless the Division and all of the <br /> Division's officers, agents and employees from any claim, action, damage, loss, liability or expense <br /> directly or indirectly caused by any act of Grantee or any of its subcontractors occurring during the <br /> performance of the Agreement. <br /> 11. This Agreement, together toith fhe Grant Application, mtd Attacluncnt D, if executed, embodies the entire <br /> agreement and understmtding hettoeen the parties. <br /> 12. This Agreement may not be assigned or transferred by the Grantee, in whole or in part without prior <br /> written consent of the Division. <br /> 13. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. <br /> The parties hereto (rave caused this Agreement to be executed as written above. <br /> State of HawaQQii, DLNR, Divisi~onlof Forest/ry and Wildlife <br /> (Nelson L. Ayers, Servi a Forester) <br /> Con ty of H tuaii ' <br /> By. ~ t~ <br /> (Executive Officer) <br /> <br />