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MnDOT Agreement No. 1031751 <br />Revised 5/14/19 <br /> <br /> <br />“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article <br />XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LBRP Grant, and <br />any bonds issued to refund or replace such bonds. <br /> <br />“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which <br />is attached as Exhibit D. <br /> <br />“LBRP Grant” - means a grant from MnDOT to the Public Entity under the LBRP in the amount <br />specified in the Agreement, as such amount may be modified under the provisions hereof. <br /> <br />“LBRP” - means the Local Bridge Replacement Program pursuant to Minn. Stat. Sec. 174.50 and <br />rules relating thereto. <br /> <br />“MnDOT” - means the Minnesota Department of Transportation. <br /> <br />“Outstanding Balance of the LBRP Grant” - means the portion of the LBRP Grant that has been <br />disbursed to the Public Entity minus any amounts returned to the Commissioner. <br /> <br />“Project” - means the Project identified in the Agreement to be totally or partially funded with a <br />LBRP grant. <br /> <br />“Public Entity” - means the grantee of the LBRP Grant and identified as the Public Entity in the <br />Agreement. <br /> <br />“Real Property” - means the real property identified in the Agreement on which the Project is located. <br /> <br />Article II <br />GRANT <br /> <br />Section 2.01 Grant of Monies. MnDOT shall make the LBRP Grant to the Public Entity, and <br />disburse the proceeds in accordance with the terms and conditions herein. <br /> <br />Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LBRP Grant is <br />being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by <br />one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more <br />of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is <br />for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter <br />term as authorized by statute, and which cannot be modified or terminated early without the prior written <br />consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends <br />beyond the date that is 37.5 years from the Agreement effective date. <br /> <br />Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LBRP Grant solely to reimburse <br />itself for expenditures it has already made, or will make, to pay the costs of one or more of the following <br />activities: (i) constructing or reconstructing a bridge, (ii) preliminary engineering and environmental studies <br />authorized under Minn. Stat. Sec. 174.50, subdiv. 6a, (iii) abandoning an existing bridge that is deficient <br />and in need of replacement, but where no replacement will be made, or (iv) constructing a road to facilitate <br />the abandonment or removal of an existing bridge determined to be deficient. The Public Entity shall not <br />use the LBRP Grant for any other purpose, including but not limited to, any work to be done on a state <br />trunk highway or within a trunk highway easement. .