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05-11-2015 Council Packet
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05-11-2015 Council Packet
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are to be made out of the final Draw Requisition or to substantiate all payments then made with <br />respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by <br />municipal or other governmental authorities having jurisdiction has been duly inspected and <br />approved by such authorities, and that all requisite certificates of occupancy and other approvals <br />have been issued. <br />If on the date an Advance is desired the Grant Recipient has complied with all <br />requirements of this Agreement and the State Entity approves the relevant Draw Requisition and <br />receives a current construction report from the Inspecting Engineer recommending payment, <br />then the State Entity shall disburse the amount of the requested Advance to the Grant Recipient. <br />Section 5,03 Additional Funds from Borrower. If the State Entity shall at any time in <br />good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all <br />other funds committed to the completion of the Project is less than the amount required to pay all <br />costs and expenses of any kind which reasonably may be anticipated in connection with the <br />completion of the Project, then the State Entity may send written notice thereof to the Grant <br />Recipient specifying the amount which must be supplied in order to provide sufficient funds to <br />complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt <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 />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 <br />for MnDOT Antiquated Equipment Grants 16 <br />
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