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Item 8h: Attachment
<br />and, if applicable, Facility, is part ot a condominium re�ime or is subject to a reciprocal easement
<br />or use contract.
<br />The Public Entity shall not, without the �vritten consent of the State Entity and the
<br />Commissioner of NIMB, (a) permit or suffer the use of any of the Real Property or, if applicable,
<br />Facitity, for any purpose other than the purposes specified in Section 2.0�, (b) remove, demolish
<br />or substantially alter any of the Real Properry or, if applicable, Facility, e�ccept such alterations as
<br />may be required by laws, ordinances or re;ulations or such othec alterations as may improve such
<br />Real Property or, if applicable, Facility by increasin� the value thereof o1- improvin� its ability to
<br />be used to operate the State Prob am thereon or therein, (c) do any act or thin� which would
<br />unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon
<br />the Real Property or, if applicable, Facility, (e) commit or pei-mit any waste or deterioration of
<br />the Real Property or, if applicable, Facility, (t) remove any fi�ctures or persona.l property from the
<br />Real Property or, if applicable, Facility, that was paid for �vith the proceeds of the Pro�ram Grant
<br />unless the same are immediately replaced with like property of at least equal value and utility, or
<br />(�) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable,
<br />Facility, in violation of any la�v, ordinance or regulation.
<br />It the P�iblic Entity fails to maintain the Reai Property and, it app(icab(e, Facility in
<br />accordance with the provisions contained in this Section, then the State Entity may perform
<br />whatever acts and expend whatever funds that are necessary to so maintain the Rea( Property
<br />and, if applicable, Facility and the Public Entity irrevocablv atithorizes and empo�cers the State
<br />Entity to enter upon the Re1l Property and, if applicable, Faeility, to perform such acts as may to
<br />necessary to so maintain the Real Property and, if applicable, Facilir��. Any actions taken or
<br />funds e�pended by thz State Entity hereunder shal( be at its so(� option and discretion, and
<br />nothing contai«ed hzrein. including but not limited to this Section, shall require the State Entit��
<br />to take any actio�l, incur an�� e�p�nsz, or eYpend any funds, and the State Entity� shall not be
<br />responsibfe for or liable to the Public Entity or any other entity for any sucll acts that are
<br />undertaken and performed in Qood faith and not in a ne�li�ent manner. A�1y funds expended bv
<br />the State Entity to perform s�ich acts as may� to necessary to so maintain tl�e Real Property and, if
<br />applicable, Facility shall be due and payable on demand by the State Entity and bear interest from
<br />the date of advancement by the State Entitv at a rate equal to the lesser of the maximum interes�t
<br />rate allowed by law or 18% per annum based upon a 36� day year.
<br />Section 7.04 Records Keeping and Reporting. The Public Entiry shall maintain or
<br />cause to be maintained books, records, documents and other evidznce pertainin� to the costs or
<br />expenses associated with the Project and operation of the Real Property and, if applicable,
<br />Facility needed to comply with the requirements contained in thi� A�eement, the G.O.
<br />Compliance Le,islation, the Commissioner's Order, and the State Pro�ram Enablin� LeQis(ation,
<br />and upon request shall allow or cause the entity which is maintainin� such items to allow the
<br />State Entity, auditors for the State Entity, the Le�islative Auditor for the State of Minnesota, or
<br />the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, a11 of such items.
<br />The Public Entiry shall use or eause the entity which is maintaining such items to use generally
<br />accepted accountino principles in the maintenance of such items, and shall retain or cause to be
<br />retained (i) all of such items that relate to the Project for a period of 6 years from the date that the
<br />Project is fully completed and placed into operation, and (ii) all of such items that relate to the
<br />Genaric GO E3ond Proceeds 2�
<br />Gr;�nt:��reement for Program End Grant�
<br />Ver-6I30/l�
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