2007-05-23 CC Set Agenda & Handouts

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and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K.. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and subst~ce acceptable to.the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity ~ have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Project substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers anc;l materialmen who worked on the Project or supplied materials therefore, other" than mounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Coritract Docum~ts which name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the policies of insurance required under Section 6.01 are in ,full force and effect. o. The State Entity shall have received evidcmce, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 6.10 and all additional applicable provisions and requirements contained in Minn. Stat. ~ 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that; (i) the predesign package referred to in Section 6.10.B has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) "the program plan and cost estimates referred to in Section 6.10.C have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and MeanS Comniittee, and (ill) the Chair of the Minnesota House of Representatives Capital Investment Committee has been notified pursuant to Section 6.1 O.G. . "P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent Generic GO Bond Proceeds Grant Agreement for Construction Grants 16 RDGP-07-0004-0-FY07 Ver-12J2006 (Gnrc GO GA-Cnstrctn Gmt)