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08-12-2015 Council Packet
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08-12-2015 Council Packet
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MnDOT Agreement #06820 <br />of any such notice, supply or have some other entity supply the amount of funds specified in the <br />State Entity's notice. <br />Section 5.04 Conditions Precedent to Any Advance. The obligation of the State <br />Entity to make any Advance hereunder (including the initial Advance) shall be subject to the <br />following conditions precedent: <br />A. The State Entity shall have received a Draw Requisition for such Advance <br />specifying the amount of funds being requested, which such amount when added to all <br />prior requests for an Advance shall not exceed the maximum amount of the Grant set forth <br />in Section 1.01. <br />B. The State Entity shall have either received a duly executed Declaration that has <br />been duly recorded in the appropriate governmental office, with all of the recording <br />information displayed thereon, or evidence that such Declaration will promptly be recorded <br />and delivered to the State Entity. <br />C. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all <br />actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement <br />and the Declaration are binding on and enforceable against the Grant Recipient. <br />D. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Grant Recipient has sufficient funds to fully and completely pay <br />for the entire Project and all other expenses that may occur in conjunction therewith. <br />E. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Grant Recipient is in compliance with the matching funds <br />requirements, if any, contained in Section 6.23. <br />F. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, showing that the Grant Recipient currently possesses or will use the <br />Grant to acquire the ownership interest delineated in Section 2.04.N. <br />G. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that the Real Property and, if applicable, the Facility and the <br />contemplated use thereof are permitted by and will comply with all applicable use or other <br />restrictions and requirements imposed by applicable zoning ordinances or regulations, and, <br />if required by law, have been duly approved by the applicable municipal or governmental <br />authorities having jurisdiction thereover. <br />H. The State Entity shall have received evidence, in form and substance acceptable <br />to the State Entity, that that all applicable and required building permits, other permits, <br />bonds and licenses necessary for the completion of the Project have been paid for, issued, <br />and obtained, other than those permits, bonds and licenses which may not lawfully be <br />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 2 4 <br />
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