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2011-016 Council Resolution
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2011-016 Council Resolution
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Last modified
9/10/2014 11:00:23 AM
Creation date
9/5/2014 1:41:01 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
02/14/2011
Council Meeting Type
Regular
Resolution #
11-16
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those permits, bonds and licenses which in the ordinary course of business would normally not be <br />obtained until a later date. <br />G. No Event of Default under this Agreement or event which would constitute an Event of <br />Default but for the requirement that notice be given or that a period of grace or time elapse shall <br />have occurred and be continuing. <br />H. The Public Entity has supplied to the DNR all other items that the DNR may <br />reasonably require. <br />Article VI <br />MISCELLANEOUS <br />Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set <br />forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds <br />which are not used to acquire an interest in additional real property needed by the Public Entity to <br />continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. <br />16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership <br />interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the <br />remaining portion of the Real Property, such sale must occur within a reasonable time period from the <br />date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds <br />of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, <br />with the condemnation proceeds being so applied within a reasonable time period from the date they are <br />received by the Public Entity. <br />• As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will <br />disclaim, assign or pay over to the Public Entity all of such condemnation proceeds it receives so that the <br />Public Entity can comply with the requirements of this Section. <br />Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, <br />documents and other evidence pertaining to the costs or expenses associated with the Project needed to <br />comply with the requirements of this Agreement, Minn. Stat. Sec. 16A.695, the Commissioner's Order, <br />and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is <br />maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of <br />Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. <br />The Public Entity shall use generally accepted accounting principles in the maintenance of such items, <br />and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. <br />Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering <br />with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real <br />Property. <br />Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses <br />regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota <br />Government Data Practices Act contained in Minn. Stat. Chapter 13. <br />• <br />Section 6.05 Non - Discrimination. The Public Entity agrees to not engage in discriminatory <br />employment practices regarding the Project, and it shall fully comply with all of the provisions contained <br />in Minn. Stat. Chapters 363A and 181. <br />
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