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2009_0323_ Packet_Exec
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2009_0323_ Packet_Exec
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4/20/2009 12:58:49 PM
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I. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that that all applicable and required permits, bonds and licenses <br />necessary for the operation of the Real Property and, if applicable, Facility in the manner <br />specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, <br />bonds and licenses which may not lawfully be obtained until a future date or those permits, <br />bonds and licenses which in the ordinary course of business would normally not be <br />obtained until a later date. <br />J. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Project will be completed in a manner that will allow the Real <br />Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. <br />K. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Public Entity has the ability and a plan to fund the operation of <br />the Real Property and, if applicable, Facility in the manner specified in Section 2.04. <br />L. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. <br />M. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, of compliance with the provisions and requirements specified in Section <br />7.10 and all additional applicable provisions and requirements, if any, contained in Minn. <br />Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently <br />be amended, modified or replaced from time to time. Such evidence shall include, but not <br />be limited to, evidence that; (i) the predesign package referred to in Section 7.10.B has, if <br />required, been reviewed by and received a favorable recommendation from the <br />Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost <br />estimates referred to in Section 7.10.0 have, if required, received a recommendation by the <br />Chairs of the Minnesota State Senate Finance Committee and Minnesota House of <br />Representatives Ways and Means Committee, and (iii) the Chair of the Minnesota House <br />of Representatives Capital Investment Committee has, if required, been notified pursuant <br />to Section 7.10.G. <br />N. No Event of Default under this Agreement or event which would constitute an <br />Event of Default but for the requirement that notice be given or that a period of grace or <br />time elapse shall have occurred and be continuing. <br />O. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Contractor will complete the Construction Items substantially <br />in conformance with the Construction Contract Documents and pay all amounts lawfully <br />owing to all laborers and materialmen who worked on the Construction Items or supplied <br />materials therefore, other than amounts being contested in good faith. Such evidence may <br />be in the form of payment and performance bonds in amounts equal to or greater than the <br />amount of the fixed price or guaranteed maximum price contained in the Construction <br />Contract Documents that name the State Entity and the Public Entity dual obligees <br />thereunder, or such other evidence as may be acceptable to the Public Entity and the State <br />Entity. <br />Generic GO Bond Proceeds 24 <br />Grant Agreement for ProgramConstruction Grants <br />RDGP-08-0029-o-FY09 <br />Ver — 8/20/08 <br />(Gnrc GO GA-Prgrm Cnstrctn Grnt) <br />
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