2006-09-27 CC Packet - Laserfiche WebLink

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D Acquisition of the Facility, D Improvement of the Facility, D Renovation or rehabilitation of the Facility, D Construction of the Facility, or D Section 2.03 Operation of the Real Property and Facility. The Public Entity shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as the City of Centerville City Park, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must have been approved, in writing, by the State Entity and the Commissioner of Finance and fully comply with all of the provisions contained in Section 3.01. The Public Entity shall also annually determine that the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement, sworn to before a notary public, to such effect to both the State Entity and the Commissioner of Finance. For those programs, if any, that the Public Entity will directly operate on the Real Property and, if applicable, in the Facility, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, and will supply to the State Entity and the Department of Finance certified copies of such resolution and budget. For those programs, if any, that will be operated on the Real Propeliy and, if applicable, in the Facility, by a Usee under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Usee has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Usee . to provide an initial and annual program budgets that clearly show that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iii) it will promptly review all submitted program budgets to detennine if such budget clearly and accurately shows that the forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues will be equal to or greater than forecast program expenses, and require the Usee to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to both the State Entity and the Commissioner of Finance certified copies of such resolution and budget. City of Centerville City Park 9/11/2006 6 26