2011-016 Council Resolution - Laserfiche WebLink

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• General Obligation Bond Proceeds • Grant Agreement for Tree Removal and Replanting THIS AGREEMENT shall be effective as of February 1, 2011 and is between City of Lino Lakes, a political subdivision of the State of Minnesota (the "Public Entity "), and the Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155 -4044 (the "DNR "). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program ") under the authority granted by Laws 2008, ch. 179, sec. 7, subdiv. 21 (the "State Program Enabling Legislation "). Under the State Program, the recipients of a grant must use such funds to identify, remove, dispose of and replace dead or dying shade trees located on public property that are lost to forest pests or disease. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application ") attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant from the State Program in an amount of $25,000.00 (the "Program Grant "), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program Grant to improve real property (the "Real Property") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond financed property ", as such term is used in Minn. Stat. Sec. 16A.695 and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget ( "MMB ") and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set forth below, unless the context specifically indicates otherwise: 2