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[tein 8h: Attachment <br />Section 2.0=� Operation of the Real Property° and Facility�. The Real Property and, if <br />applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real <br />Property and, if applicable, Facility to be used, for those purposes required by the State Program <br />and in accordance �vith the information contained in the Grant Application, or for such other <br />purposes and uses as the Minnesota le�islanu�e may fi-om time to time desi�nate, and for no other <br />purposes or uses. <br />The Public Entity may enter into Use Contracts �vith Counterparties for the operation of all <br />or any portion of the Real Property and, if applicable, Facility; provided that all such Use <br />Contracts must have been approved, in �vritin�, by the Commissioner of MMB and fully comply <br />�vith all of the provisions contained in Sections 3.01, 3.02 and 3.03. <br />The Public Entity must, whether it is operating the Real Property and, if applicable, Facility <br />or has contracted �vith a Counterparty under a Use Contract to operate all or any portion of the <br />Real Properry and, if applicable, Facility, annually determine that the Real Property and, if <br />applicabie, Facility is bein� used for the purpose required by this A;reement, and shall annually <br />supply a statement, sworn to before a notary public, to such effect to the State Entity and the <br />Commissioner of NIMB. <br />For those pro�rams, if any, that the Public Entity will directly operatz on all or any portion <br />of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents <br />and warrants to the State Entity that: (i) it has the ability and a plan to fund such_pro�rams, (ii) it <br />has demonstrated such ability by w-ay of a plan that it submitted to the State Entiry, and (iii) it <br />�� ill annually adopt, by resolution, a bud�et for the operation of such pro�rams that clearly sho���s <br />that forecast pro�ram revenues alon� �vith other funds available for the operation of such <br />pro�ram �vill be equal to or �reater than forecast pco�ram erpenses for each fiscal year, and �vill <br />supply to the State Entity and the Commissioner of MLIB certitied copies of such resoiution and <br />bud�et. <br />For those pro�rams, if any, that �vill be operated on all or any portion of the Real Property <br />and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity co��enants <br />with and represents and warrants to the State Entity that: (i) it �vill not enter into such Use <br />Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such <br />proa am, (ii) it will require the Counterparty to provide an initial pro;ram bud�et and annual <br />pro�ram bud�ets that clearly show that forecast pro;ram revenues alon� with other funds <br />available for the operation of such pro�ram (from all sources) will be equal to or greater than <br />forecast pro�ram expenses for each fiscal year, (iii) it �vill promptly review all submitted <br />pro;ram budgets to determine if such bud;et clearly and accurately shows that the forecast <br />program revenues alon� with other funds available for the operation of such pro�ram (from all <br />sources) will be equal to or greater than forecast program eYpenses for each fiscal year, (iv) it <br />will reject any pro�ram budaet that it believes does not accurately reflect forecast prob am <br />revenues or expenses or does not show that forecast pro�ram revenues alona with other funds <br />available for the operation of such program (from all sources) will be equal to or greater than <br />forecast pro�ram expenses, and require the Counterparty to prepare and submit a revised <br />pro�ram bud�et, and (v) upon receipt of a pro;ram budaet that it believes accurately reflects <br />forecast pco�ram revenues and espenses and that shows that forecast pro;ram revenues along <br />Generic GO Bond Proceeds g <br />Grant A�reement for ProQram End GranCs <br />Ver — 6/30i l� <br />