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2009_0223_Packet
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2009_0223_Packet
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(Describe other or additional purposes.) <br />Section 2.04 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 the operation of the Governmental Program or <br />for such other use as the Minnesota legislature may from time to time designate, and for no other <br />purposes or uses. <br />The Public Entity may enter into Use Contracts with 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 writing, by the State Entity and the Commissioner and <br />fully comply with 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 with a Counterparty under a Use Contract to operate all or any portion of the <br />Real Property and, if applicable, Facility, annually determine that the Real Property and, if <br />applicable, Facility is being used for the purpose required by this Agreement, and shall annually <br />supply a statement, sworn to before a notary public, to such effect to the State Entity and the <br />Commissioner. <br />For those programs, if any, that the Public Entity will directly operate 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 programs, (ii) it <br />has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it <br />will annually adopt, by resolution, a budget for the operation of such programs that clearly <br />shows that forecast program revenues along with other funds available for the operation of such <br />program will be equal to or greater than forecast program expenses for each fiscal year, and will <br />supply to the State Entity and the Commissioner certified copies of such resolution and budget. <br />For those programs, if any, that will 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 covenants <br />with and represents and warrants to the State Entity that; (i) it will not enter into such Use <br />Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such <br />program, (ii) it will require the Counterparty to provide an initial program budget and annual <br />program budgets that clearly show that forecast program revenues along with other funds <br />available for the operation of such program (from all sources) will be equal to or greater than <br />forecast program expenses for each fiscal year, (iii) it will promptly review all submitted <br />program budgets to determine if such budget clearly and accurately shows that the forecast <br />program revenues along with other funds available for the operation of such program (from all <br />sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it <br />will reject any program budget that it believes does not accurately reflect forecast program <br />revenues or expenses or does not show that forecast program revenues along with other funds <br />available for the operation of such program (from all sources) will be equal to or greater than <br />forecast program expenses, and require the Counterparty to prepare and submit a revised <br />program budget, and (v) upon receipt of a program budget that it believes accurately reflects <br />forecast program revenues and expenses and that shows that forecast program revenues along <br />Generic GO Bond Proceeds c� Ver-6/26/08 <br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt) <br />
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