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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 10 Ver – 10/26/2020 <br />Grant Agreement for Construction Grants <br /> <br /> Renovation of the Facility. <br /> <br /> . <br /> (Describe other or additional purposes.) <br /> <br />Section 2.04 Operation of the Real Property and Facility. The Real Property and, if <br />applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real <br />Property and, if applicable, Facility to be used for the operation of the Governmental Program or for <br />such other use as the Minnesota legislature may from time to time designate, and for no other purposes <br />or uses. <br /> <br />The Public Entity may enter into Use Contracts with Counterparties for the operation of all or <br />any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must <br />have been approved, in writing, by the Commissioner of MMB and fully comply with all of the <br />provisions contained in Sections 3.01, 3.02 and 3.03. <br /> <br />The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or <br />has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real <br />Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, <br />Facility is being used for the purpose required by this Agreement, and shall annually supply a <br />statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of <br />MMB. <br /> <br />For those programs, if any, that the Public Entity will directly operate on all or any portion of <br />the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and <br />warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has <br />demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will <br />annually adopt, by resolution, a budget for the operation of such programs that clearly shows that <br />forecast program revenues along with other funds available for the operation of such program will be <br />equal to or greater than forecast program expenses for each fiscal year, and will supply to the State <br />Entity and the Commissioner of MMB certified copies of such resolution and budget. <br /> <br />For those programs, if any, that will be operated on all or any portion of the Real Property and, <br />if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and <br />represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the <br />Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will <br />require the Counterparty to provide an initial program budget and annual program budgets that clearly <br />show that forecast program revenues along with other funds available for the operation of such <br />program (from all sources) will be equal to or greater than forecast program expenses for each fiscal <br />year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly <br />and accurately shows that the forecast program revenues along with other funds available for the <br />operation of such program (from all sources) will be equal to or greater than forecast program <br />expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately <br />reflect forecast program revenues or expenses or does not show that forecast program revenues along <br />with other funds available for the operation of such program (from all sources) will be equal to or
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