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MnDOT Agreement #06820 <br />Acquisition of an easement on the Real Property; <br />ElImprovement of the Real Property, <br />® Acquisition of the Facility, <br />® Improvement of the Facility, <br />® Renovation or rehabilitation of the Facility, <br />EX Construction of the Facility, or <br />Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall <br />operate the Real Property and, if applicable, the Facility, or cause it to be operated, as highway - <br />rail grade crossing warning devices and associated safety improvements, or for such other use as <br />the Minnesota legislature may from time to time designate, and may enter into Use Contracts <br />with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use <br />Contracts must have been approved, in writing, by the Commissioner of Management and <br />Budget and fully comply with all of the provisions contained in Section 3.01. The Grant <br />Recipient shall also annually determine that the Real Property and, if applicable, the Facility are <br />being so used, and shall annually supply a statement, sworn to before a notary public, to such <br />effect to the State Entity. <br />Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient <br />further covenants with, and represents and warrants to the State Entity as follows: <br />A. It has legal authority to enter into, execute, and deliver this Agreement, the <br />Declaration, and all documents referred to herein, and it has taken all actions necessary to <br />its execution and delivery of such documents. <br />B. It has legal authority to use the Grant for the purpose or purposes described in <br />Recital A of this Agreement. <br />C. This Agreement, the Declaration, and all other documents referred to herein are <br />the legal, valid and binding obligations of the Grant Recipient enforceable against the <br />Grant Recipient in accordance with their respective terms. <br />D. It will comply with all of the terms, conditions, provisions, covenants, <br />requirements, and warranties in this Agreement, the Declaration, and all other documents <br />referred to herein. <br />E. It will comply with all of the provisions and requirements contained in and <br />imposed by the G.O. Bonding Legislation. <br />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 1 2 <br />