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Minnesota Public Facilities Authority 2018 Special Appropriation APPENDIX B Real Property Declaration and Waiver Requirements A recipient receiving an appropriation of state general obligation bond proceeds is required to: -Record a Real Property Declaration that identifies the properties on which the recipient uses PFA funds as “state bond financed property or -Request a waiver from Minnesota Management and Budget (MMB) from the recording requirement, and sign a Waiver Certification and/or -Both record a Real Property Declaration and request a waiver/sign a Waiver Certification Recipients must provide a copy of the recorded Declaration and/or signed Waiver Certification and/or a copy of the recorded Declaration to PFA and MMB prior to disbursement of money for construction activities or as soon thereafter as possible. Real Property Declaration - The recorded Real Property Declaration places limitations on the use and sale of real property improved with state bond proceeds under Minn. Stat. Sec. 16A.695 and the Fourth Order Amending Order of the Commissioner of Finance dated July 30, 2012 (the “Commissioner’s Order”). Some activities needing this: treatment plants, ponds, lift stations, water towers, demolition sites. Recipients should have an attorney draft the Declaration and confirm the accuracy of the recordable parcel(s). Real Property Declaration Recording Waiver - Section 7.02 of the Commissioner’s Order allows the Commissioner of Minnesota Management and Budget (MMB) to waive the declaration recording requirement for projects or portions of projects located within roads, highways or utility or transit corridors, easements or rights or way where recording would be problematic. If your project, or a portion of it fits this description, the recipient should request a waiver from the recording requirement from MMB. If MMB grants the waiver from the recording requirement, the recipient will need to sign a Waiver Certification for those parts of the project, in which the recipient acknowledges that those project areas are “state bond financed property”. A description (legal description not needed) and/or map of the project areas should be attached to the Waiver Certification. The following documents are attached: •Example Real Property Declaration •Information for Requesting a Waiver from Real Property Filing •Example Letter to MMB Requesting Approval of a Waiver •Example MMB Waiver Certification