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03-13-2023 City Council Packet
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03-13-2023 City Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/13/2023
Council Meeting Type
Regular
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21 <br />licenses which in the ordinary course of business would normally not be obtained until a <br />later date. <br />J.The Council shall have received evidence, in form and substance acceptable to <br />the Council, that the Project was completed in a manner that will allow the Real Property <br />and, if applicable, Facility to be operated in the manner specified in Section 2.04, which <br />requirement may be satisfied by a certificate of occupancy or such other equivalent document <br />from the municipality in which the Real Property is located. <br />K.The Council shall have received evidence, in form and substance acceptable to <br />the Council, that the Public Entity has the ability and a plan to fund the operation of the Real <br />Property and, if applicable, Facility in the manner specified in Section 2.04. <br />L.The Council shall have received evidence, in form and substance acceptable to <br />the Council, that the insurance requirements under Section 7.01 have been satisfied. <br />M.The Council shall have received evidence, in form and substance acceptable to <br />the Council, of compliance with the provisions and requirements specified in Section 7.10 <br />and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § <br />16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall <br />include, but not be limited to, evidence that: (i) the predesign package referred to in Section <br />7.10.B has, if 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.C 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 and Ranking Minority <br />Member of the Minnesota House of Representatives Capital Investment Committee and the <br />Chair and Ranking Minority Member of the Minnesota Senate Capital Investment <br />Committee have, if required, been notified pursuant 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 time <br />elapse shall have occurred and be continuing. <br />O.The Public Entity has supplied to the Council all other items that the Council <br />may reasonably require. <br />Article VII <br />MISCELLANEOUS <br />Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership <br />interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full <br />insurable value thereof (i) by self insuring under a program of self insurance legally adopted, <br />maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance <br />and fire and extended coverage insurance with a deductible in an amount acceptable to the Council <br />under which the Council and the Public Entity are named as loss payees. If damages which are
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