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06-28-2021 Council Packet
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06-28-2021 Council Packet
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<br />Generic GO Bond Proceeds 4 Ver – 10/26/2020 <br />Grant Agreement for Construction Grants <br /> <br /> <br /> IN CONSIDERATION of the grant described and other provisions in this Agreement, the <br />parties to this Agreement agree as follows. <br /> <br />Article I <br />DEFINITIONS <br /> <br />Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the <br />meanings set out respectively after each such term (the meanings to be equally applicable to both the <br />singular and plural forms of the terms defined), unless the context specifically indicates otherwise: <br /> <br />“Advance(s)” – means an advance made or to be made by the State Entity to the Public <br />Entity and disbursed in accordance with the provisions contained in Article VI hereof. <br /> <br />“Agreement” - means this General Obligation Bond Proceeds Grant Agreement - <br />Construction Grant for the Big Island Park Project, as such exists on its original date and any <br />amendments, modifications or restatements thereof. <br /> <br />“Approved Debt” – means public or private debt of the Public Entity that is consented to <br />and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will <br />used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, <br />other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt <br />delineated in Attachment III to this Agreement; provided, however, the Commissioner of <br />MMB is not bound by any amounts delineated in such attachment unless he/she has consented, <br />in writing, to such amounts. <br /> <br />“Architect”, if any - means N/A , which will administer the Construction <br />Contract Documents on behalf of the Public Entity. <br /> <br />“Code” - means the Internal Revenue Code of 1986, as amended from time to time, and <br />all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. <br /> <br />“Commissioner of MMB” - means the commissioner of Minnesota Management and <br />Budget, and any designated representatives thereof. <br /> <br />“Commissioner’s Order” - means that certain “Fourth Order Amending Order of the <br />Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed <br />by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as <br />amended. <br /> <br />“Completion Date” – means December 31, 2023 the date of projected completion of the <br />Project. <br /> <br />“Contractor” - means any person engaged to work on or to furnish materials and supplies <br />for the Construction Items including, if applicable, a general contractor.
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