2006-09-27 CC Packet - Laserfiche WebLink

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State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Finance, is and shall be a third-:party beneficiary of this Agreement. Section 6.25 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing before the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's interest in the Real Property. Section 6.26 Energy Conservation. An'y capital improvements made under this Project shall comply with the applicable energy conservation standards contained in law, including Minnesota Statutes Chapter 216C.19 to 216C.20 and rules adopted thereunder. The Recipient may' use the energy planning, advocacy, and state energy office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to the planning and construction of the capital improvement Project. Section 6.27 Native Plant Species. Vegetation planted must be native to Minnesota and preferably of the local ecotype unless the work program approved by the commission expressly allows the planting of species that are not native to Minnesota. Section 6.28 Publicity/ AcknowledgmentJSignage. Any publicity given to the program, publications, or services provided resulting from this Grant Agreement, including, but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the PUBLIC ENTITY or its employees individually or jointly with others or any sub grantees, shall identify the STATE OF MINNESOTA as the sponsoring agency. Upon project completion, the PUBLIC ENTITY shall post a permanent funding acknowledgment sign, in a form prescribed by the state, at the entrance to the project site, or at an alternative conspicuous location on the site. Section 6.29 Facility Operation and Maintenance. The PUBLIC ENTITY shall protect manage and maintain, or cause to maintain, the property acquired pursuant to this Agreement. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Sanitation and sanitary facilities shall be maintained in accordance with the applicable public health standards and shall be made available to users during reasonable park hours. Properties and facilities shall be kept reasonably safe for public use. All state and federal accessibility laws, regulations and standards shall be adhered to. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. Failure to adequately manage, maintain and properly protect the resources and property assisted through this agreement may result in the withholding by the State of any current or future payments to the Grantee related to this or any other Local Grants projects and may result in ineligibility of the Grantee to receive future Local Grants Program Grants. The PUBLIC ENTITY shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. City of Centerville City Park 9/1 1/2006 24 11