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10-28-2019 Council Packet
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10-28-2019 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
10/28/2019
Council Meeting Type
Regular
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15 <br />set against any aids or other monies that the Public Entity is entitled to receive from the State of <br />Minnesota. <br />Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the <br />Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after <br />it has obtained knowledge of the occurrence of each Event of Default or each event which with <br />the giving of notice or lapse of time or both would constitute an Event of Default, a statement <br />setting forth details of each Event of Default or event which with the giving of notice or upon the <br />lapse of time or both would constitute an Event of Default and the action which the Public Entity <br />proposes to take with respect thereto. <br />Section 2.10 Survival of Event of Default. This Agreement shall survive any and all <br />Events of Default and remain in full force and effect even upon the payment of any amounts due <br />under this Agreement, and shall only terminate in accordance with the provisions contained in <br />Section 2.12 and at the end of its term in accordance with the provisions contained in Section <br />2.11. <br />Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier <br />terminated in accordance with any of the provisions contained herein, remain in full force and <br />effect for the time period starting on the effective date hereof and ending on the date that <br />corresponds to the date established by adding a time period equal to 125% of Useful Life of the <br />Real Property and, if applicable, Facility to the date on which the Real Property and, if <br />applicable, Facility is first used for the operation of the State Program after such effective date. <br />If there are no uncured Events of Default as of such date this Agreement shall terminate and no <br />longer be of any force or effect, and the Commissioner of MMB shall execute whatever <br />documents are needed to release the Real Property and, if applicable, Facility from the effect of <br />this Agreement and the Declaration. <br />Section 2.12 Modification and/or Early Termination of Grant. If the full amount of <br />the Program Grant has not been disbursed on or before the date that is 5 years from the effective <br />date of this Agreement, or such later date to which the Public Entity and the Council may agree <br />in writing, then the Council’s obligation to fund the Program Grant shall terminate. In such <br />event, (i) if none of the Program Grant has been disbursed by such date then the Council’s <br />obligation to fund any portion of the Program Grant shall terminate and this Agreement shall <br />terminate and no longer be of any force or effect, and (ii) if some but not all of the Program <br />Grant has been disbursed by such date then the Council shall have no further obligation to <br />provide any additional funding for the Program Grant and this Agreement shall remain in full <br />force and effect but shall be modified and amended to reflect the amount of the Program Grant <br />that was actually disbursed as of such date. <br />This Agreement shall also terminate and no longer be of any force or effect upon the Public <br />Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in <br />accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the <br />proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained <br />in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real <br />Property and, if applicable, Facility if such ownership interest is by way of an easement or under <br />a Real Property/Facility Lease. Upon such termination the Council shall execute, or have
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