2007-05-23 CC Set Agenda & Handouts

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Section 6.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any,. referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or 'written, between the Public Entity and the State Entity on the subject matter hereof. Section 6.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or eD.forcement of this . Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in :fuJl force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the completion of the Project: Per Minn. Stat. ~ 116J.575, subd. 3, the Grantee must pay for at least one-half of the Redevelopment Costs as a local match from any money available to the municipality. . . Section 6.24 Third-Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the 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. .. Generic GO Bond Proceeds Grant Agreement for Construction Grants 25 RDGP-07-0004-0-FY07 Ver-1212006 (Gore GO GA-Cnstrctn Gmt)