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2006-09-27 CC Packet
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2006-09-27 CC Packet
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<br />In addition, if all of the Grant has not been disbursed on or before the date that is 5 years <br />from the effective date of this Agreement, or such later date as the Public Entity and the State <br />Entity may agree to in writing, then the State Entity's obligation to continue to fund the Grant <br />shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such date then <br />the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement <br />shall also terminate and no longer be of any force or effect, and (z) if some but not all of the <br />Grant has been disbursed by such date then the State Entity shall have no further obligation to <br />provide any additional funding under the Grant and this Agreement shall remain if full force and <br />effect but shall be modified and amended to reflect the amount of the Grant that was actually <br />disbursed as of such date. <br /> <br />This Agreement shall also tenninate and no longer be of any force or effect upon (a) the <br />termination of the Public Entity's leasehold or easement interest in the Real Property in <br />accordance with the terms of such lease or easement, or (b) the sale of the Public Entity's interest <br />in the Real Propeliy and, if applicable, the Facility in accordance with the provisions contained <br />in Section 3.03 and transmittal of all or a portion of the proceeds of such sale to the <br />Commissioner of Finance in compliance with the provisions contained in Section 3.04. Upon <br />such termination the State Entity shall execute and deliver to the Public Entity such documents <br />as are required to release the Real Property and, if applicable, the Facility, from the effect of the <br />Declaration. <br /> <br />In the event that the legislation that authorized the Grant is amended to increase or reduce <br />the amount of the Grant or in any other way, then this Agreement shall be deemed to have been <br />automatically modified in accordance with such amendment and the amount of the Grant shall <br />also be automatically modified in accordance with such amendment. <br /> <br />Section 2.09 Effect of Event of Default. If an Event of Default occurs and the Public <br />Entity is required to and does return the amount specified in Section 2.06.B to the Commissioner <br />of Finance, then the following shall occur. <br /> <br />A. This Agreement shall survive and remain in full force and effect. <br /> <br />B. The amount returned by the Public Entity shall be credited against any amount <br />that shall be due to the Commissioner of Finance under Section 3.04 and against any <br />amount that becomes due and payable because of any other Event of Default. <br /> <br />Article III <br />USE CONTRACTS AND SALE <br /> <br />Section 3.01 Use Contracts. Each and every Use Contract that the Public Entity enters <br />into !TIust comply with the following requirements: <br /> <br />A. The purpose for which the Use Contract was entered into must be a . <br />governmental purpose. <br /> <br />B. It must contain a provision setting forth the statutory authority under which the <br />Public Entity is entering the Use Contract, and must comply with the substantive and <br />procedural provisions of such statute. <br /> <br />City of Centerville City Park <br />9/1112006 <br /> <br />11 <br /> <br />3/ <br />
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