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<br />all mortgage liens or encumbrances on the property being sold, which negatively affect the
<br />value of such property, will be released at the time of acquisition by the purchaser.
<br />"Use Contract" - means a lease, management contract or other similar contract
<br />between Public Entity and any other entity, and which involves or relates to the Real
<br />Property and, if applicable, the Facility.
<br />"Usee" -means the entity that the Public Entity contracts with under a Use Contract:
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<br />Section 3.03 State Bond Financed Properri~. The Public Entity and the State Entity
<br />acknowledge and agree that the Public Entity's interest in the Real Property and, if applicable, the
<br />Facility will be "state bond financed property", as such term is used in the G.O. Compliance
<br />Legislation and the Commissioner's Order, and, therefore, the provisions contained in such
<br />statute and order will apply to the Public Entity's interest in the Real Property and, if applicable,
<br />the Facility and any Use Contracts relating thereto.
<br />Section 3.04 Operation of the Real Property and Facilih~. The Public Entity shall
<br />operate the Real Property and, if applicable, the Facility, or cause it to be operated, as public
<br />right-of--way, or for such other use as the Minnesota legislature may from time to time designate,
<br />and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable,
<br />the Facility; provided that such Use Contracts have been approved, in writing, by the State Entity
<br />and the Commissioner of Finance and fully comply with all of the provisions contained in
<br />Section 3.07. The Public Entity shall also annually determine that the Rea] Property and, if
<br />applicable, the Facility are being so used and shall supply a statement, sworn to before a notary
<br />public, to such effect to both the State Entity and the Commissioner of Finance.
<br />For those programs, if any, that the Public Entity will directly operate on the Real Property
<br />and, if applicable, in the Facility, the Public Entity covenants with and represents and warrants to
<br />the State Entity that; (i) it has the ability and a plan to fund such programs, (ii) it has
<br />demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will
<br />annually adopt, by resolution, a budget for the operation of such programs that clearly shows that
<br />forecast program revenues will be equal to or greater than forecast program expenses for the next
<br />fiscal year, and will supply to the State Entity and the Department of Finance certified copies of
<br />such resolution and budget.
<br />For those programs, if any, that will be operated on the Real Property and, if applicable, in
<br />the Facility, by a Usee under a Use Contract, the Public Entity covenants with and represents and
<br />warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Usee has
<br />demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Usee
<br />to provide an initial and annual program budgets that clearly show that forecast program
<br />revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iii} it
<br />will promptly review all submitted program budgets to determine if such budget clearly and
<br />accurately shows that the forecast program revenues will be equal to or greater than forecast
<br />program expenses for the next fiscal year, (iv) it will reject any program budget that it believes
<br />does not accurately reflect forecast program revenues or expenses or does not show that forecast
<br />program revenues will be equal to or greater than forecast program expenses, and require the
<br />Usee to prepare and submit a revised program budget, and (v) upon receipt of a program budget
<br />Generic GO Grant Agreement
<br />for Pre-Design or Design Grants
<br />6
<br />Ver - 7/30/03
<br />{Gnrc GO GA-PrDsgn Gmt)
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