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U. It has or will promptly record a fully executed Declaration with the appropriate <br />governmental office and deliver a copy thereof to the Council and to Minnesota Manage- <br />ment and Budget (attention: Capital Projects Manager) that contains all of the recording <br />information. <br />V. The Useful Life of the Real Property and, if applicable, Facility is 50 years. <br />W. It shall furnish such satisfactory evidence regarding the representations and war- <br />ranties described herein as may be required and requested by either the Council or the Com- <br />missioner of MMB. <br />Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the <br />Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by <br />way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is <br />not needed and should be ignored and treated as if it were left blank, and any reference to this <br />Section in this Agreement shall be ignored and treated as if the reference did not exist. <br />A. A Real Property/Facility Lease or easement must comply with the following <br />provisions. <br />a. It must be in form and contents acceptable to the Commissioner of MMB, and <br />specifically state that it may not be modified, restated, amended, changed in <br />any way, or prematurely terminated or cancelled without the prior written con- <br />sent and authorization by the Commissioner of MMB. <br />b. It must be for a term that is equal to or greater than 125% of the Useful Life <br />of the Real Property and, if applicable, Facility, or such other period of time <br />specifically authorized by a Minnesota statute, rule or session law. <br />c. Any payments to be made under it by the Public Entity, whether designated as <br />rent or in any other manner, must be by way of a single lump sum payment <br />that is due and payable on the date that it is first made and entered into. <br />d. It must not contain any requirements or obligations of the Public Entity that if <br />not complied with could result in a termination thereof. <br />e.It must contain a provision that provides sufficient authority to allow the Pub- <br />lic Entity to operate the Real Property and, if applicable, Facility in accord- <br />ance with the requirements imposed under Section 2.04. <br />f.It must not contain any provisions that would limit or impair the Public En- <br />tity’s operation of the Real Property and, if applicable, Facility in accordance <br />with the requirements imposed under Section 2.04. <br />g. It must contain a provision that prohibits the Lessor/Grantor from creating or <br />allowing, without the prior written consent of the Council and the Commis- <br />sioner of MMB, any voluntary lien or encumbrance or involuntary lien or en- <br />cumbrance that can be satisfied by the payment of monies and which is not <br />being actively contested against the Leased/Easement Premises or the Les- <br />sor ’s/Grantor ’s interest in the Real Property/Facility Lease or easement, <br />whether such lien or encumbrance is superior or subordinate to the Declara- <br />tion. Provided, however, the Council and the Commissioner of MMB will <br />consent to any such lien or encumbrance if the holder of such lien or encum- <br />brance executes and files of record a document under which such holder <br />Generic GO Bond Proceeds <br />Grant Agreement for Program End Grants 10 Ver – 10/26/20