2011-02-09 CC Packet - Laserfiche WebLink

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mainta.in such ta�c exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all� lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Chsnges to T�"i�tn. Stat. 5ection 16A.6S5 or the Cammissioner's Qrder. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. �S.rticle V g��JRSE1�vIERTT' OF GR�NT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capita.l nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Gran� The obligation of the DNR to disburse the Program Grant to the Public Entity is su ject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds be'vng requested, which such amount shall not exceed the amount of the Program Grant set forth in Recita.l D. B. The DNR shall have received a duly executed Certification and/or Declazation that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The DNR shall have received evidence acceptable to the DNR that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or 9 30