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"State Entity" - means the entity identified as the "State Entity" in the lead-in <br />paragraph of this Agreement. <br />"State Program" — means the program delineated in the State Program Enabling <br />Legislation. <br />"State Program Enabling Legislation" — means the legislation contained in the <br />Minnesota statute(s) delineated in Recital A and all rules related to such legislation. <br />"Subsequent Betterment Costs" — means the costs of betterments of the Real Property <br />and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part <br />of the Proj ect, would qualify as a public improvement of a capital nature (as such term in <br />used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of <br />which has been established by way of written documentation that is acceptable to and <br />approved, in writing, by the State Entity and the Commissioner. <br />"Use Contract" - means a lease, management contract or other similar contract <br />between the Public Entity and any other entity that involves or relates to any part of the <br />Real Property and/or, if applicable, Facility. This definition is only needed and only <br />applies if the Public Entity enters into an agr�eement with another party under which such <br />other party will operate the Real Property and/or, if applicable, Facility. For all other <br />circumstances this definition is not needed and should be ignored and treated as i were <br />left blank, and anv r'eference to this term in this A�eement shall be ignored and treated as <br />if the reference did not exist. <br />"Useful Life of the Real Estate and, if applicable, Facility" — means (i) 30 years for <br />Real Property that has no structure situated thereon or if any structures situated thereon will <br />be removed, and no new structures will be constructed thereon, (ii) the remaining useful <br />life of the Facility as of the effective date of this Agreement for Facilities that are situated <br />on the Real Property as of the date of this Agreement, that will remain on the Real <br />Property, and that will not be bettered, or (iii) the useful life of the Facility after the <br />completion of the construction or betterments delineated in Attachment III attached hereto <br />for Facilities that are to be constructed or bettered. <br />Article II <br />GRANT <br />Section 2.01 Grant of Monies. The State Entity shall make and issue the Program <br />Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this <br />Agreement. The Program Grant is not intended to be a loan even though the portion thereof that <br />is disbursed may need to be returned to the State Entity or the Commissioner under certain <br />circumstances. <br />Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the <br />Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the <br />Real Estate and, if applicable, Facility must be owned by one or more public entities. In order to <br />establish that this public ownership requirement is satisfied, the Public Entity represents and <br />Generic GO Bond Proceeds 6 Ver — 8/20/08 <br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrctn Grnt) <br />RDGP-08-0029-o-FY09 <br />