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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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411 <br />1 <br />J. The contemplated use of the Real Property will not violate any applicable zoning or <br />use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record <br />relating thereto. <br />K. The Project has been or will be completed in full compliance with all applicable laws, <br />rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having <br />jurisdiction over the Project. <br />L. All applicable licenses, permits and bonds required for the performance and <br />completion of the Project have been, or will be, obtained. <br />M. It has complied with the matching funds requirement contained in Section 6.20. <br />N. It will not, without the prior written consent of the DNR and the Commissioner of <br />MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be <br />satisfied by the payment of monies and which is not being actively contested to be created or exist <br />against the Public Entity's ownership interest in the Real Property, whether such lien or <br />encumbrance is superior or subordinate to the Declaration (if applicable). <br />O. It reasonably expects to possess the ownership interest in the Real Property described <br />in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such <br />ownership interest. <br />P. It will supply whatever funds are needed above and beyond the amount of the Program <br />Grant to complete and fully pay for the Project. <br />Q. For that portion of the Real Property (if any) as to which the State Entity or the Public <br />Entity has received a waiver from MMB of the requirement that the Public Entity record a <br />Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will <br />promptly execute a Certification and deliver a copy thereof to the DNR and to MMB (attention: <br />Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public <br />Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or <br />will promptly record a fully executed Declaration with the appropriate governmental office and <br />deliver a copy thereof to the DNR and to MMB that contains all of the recording information. <br />R. It shall furnish such satisfactory evidence regarding the representations and warranties <br />described herein as may be required and requested by either the DNR or the Commissioner of <br />MMB. <br />Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR <br />and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the <br />DNR or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the <br />Public Entity's failure to cure such event during such 30 day time period for those Events of Default that <br />can be cured within 30 days or within whatever time period is needed to cure those Events of Default that <br />cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making <br />reasonable progress in curing such Events of Default, however, in no event shall the time period to cure <br />any Event of Default exceed 6 months unless otherwise consented to, in writing, by the DNR and the <br />Commissioner of MMB. <br />A. If any representation, covenant, or warranty made by the Public Entity in this <br />Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the <br />
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