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<br />The Public Entity shall not, without the written consent of the Council and the Commissioner
<br />of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any
<br />purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially
<br />alter any of the Real Property or, if applicable, Facility, except such alterations as may be required
<br />by laws, ordinances or regulations or such other alterations as may improve such Real Property or,
<br />if applicable, Facility by increasing the value thereof or improving its ability to be used to operate
<br />the State Program thereon or therein, (c) do any act or thing which would unduly impair or
<br />depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property
<br />or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or,
<br />if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if
<br />applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are
<br />immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or
<br />permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of
<br />any law, ordinance or regulation.
<br />If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
<br />accordance with the provisions contained in this Section, then the Council may perform whatever
<br />acts and expend whatever funds that are necessary to so maintain the Real Property and, if
<br />applicable, Facility and the Public Entity irrevocably authorizes and empowers the Council to enter
<br />upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so
<br />maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by
<br />the Council hereunder shall be at its sole option and discretion, and nothing contained herein,
<br />including but not limited to this Section, shall require the Council to take any action, incur any
<br />expense, or expend any funds, and the Council shall not be responsible for or liable to the Public
<br />Entity or any other entity for any such acts that are undertaken and performed in good faith and
<br />not in a negligent manner. Any funds expended by the Council to perform such acts as may to
<br />necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on
<br />demand by the Council and bear interest from the date of advancement by the Council at a rate
<br />equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a
<br />365 day year.
<br />Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause
<br />to be maintained books, records, documents and other evidence pertaining to the costs or expenses
<br />associated with the Project and operation of the Real Property and, if applicable, Facility needed
<br />to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation,
<br />the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall
<br />allow or cause the entity which is maintaining such items to allow the Council, auditors for the
<br />Council, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of
<br />Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or
<br />cause the entity which is maintaining such items to use generally accepted accounting principles
<br />in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that
<br />relate to the Project for a period of 6 years from the date that the Project is fully completed and
<br />placed into operation, and (ii) all of such items that relate to the operation of the Real Property
<br />and, if applicable, Facility for a period of 6 years from the date such operation is initiated.
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