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HomeMy WebLinkAboutResolution 6664• RESOLUTION NO. 6664 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A GRANT AGREEMENT OF $1,635,500 WITH THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) AS PART OF A COOPERATIVE AGREEMENT WITH RAMSEY COUNTY FOR COUNTY ROAD J RECONSTRUCTION AND OTHER PUBLIC IMPROVMENTS NECESSARY FOR THE MEDTRONIC PROJECT iN MOUNDS VIEW WHEREAS, on August 31, 2005 the City of Mounds View, EDA and Medtronic, Inc. signed the Purchase Agreement and Contract for Private Development; and WHEREAS, Medtronic has committed in Phase I to construct 820,000 sq. ft. of office space that would house approximately 3,000 employees at the new Cardiac Rhythm Management (CRM) campus; and WHEREAS, Article IV, Section 4.6 of the Agreement indicates that several road improvements are to be completed, including improvements to County Road • J and a new bridge over (-35W; and WHEREAS, on June 27, 2005 the Mounds View City Council formally accepted the $5.0 million state grant, also referred to as the Redevelopment Account, earmarked to the City of Mounds View for the County Road J Reconstruction Project; and WHEREAS, Ramsey County, the lead governmental body overseeing the road improvements, subsequently approved a professional services agreement with SEH for engineering and acquisition services needed far the County Road J Project; and will be requesting from the City reimbursement for those design and land acquisition costs; and WHEREAS, DEED has provided a grant agreement to be executed with the City of Mounds View for $1,635,500, and that this is one portion of the $5,000,000 appropriation and that additional grant agreements with DEED will be developed; and WHEREAS, the Ramsey County Cooperative Agreement provides a process for reimbursement of the engineering and acquisition casts the county is presently incurring, and that this and future DEED Grant Agreements will be attached to the Ramsey County Cooperative Agreement; and • • WHEREAS, the City of Mounds View has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and WHEREAS, the City Administrator of the City of Mounds View is hereby authorized to execute future such contracts or grant agreements with DEED as are necessary to implement the above referenced project. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve, subject to any necessary revisions as required by staff, the grant agreement of $1,635,500 with the Minnesota Department of Employment and Economic Development (DEED) for the County Road J Reconstruction Project, and that the Ramsey County Cooperative Agreement, now including the DEED Agreement, is likewise approved by the City of Mounds View, and authorizes staff to executive future contracts or agreements with DEED, subject to any necessary revisions as required by staff, as are necessary to implement the above referenced project. Adopted this 27~' of June, 2005 (ATTEST) (SEAL) ,~~ Rob arty, Mayor %.~ G Kurt Ulrich City Administrator r~ RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MOUNDS VIEW Agreement between the County of Ramsey and the City of Mounds View Estimated Amount Receivable from Ramsey County Conceptual Design, Preliminary Engineering, Final Design, ROW: $1, 635, 500.00 Re: Preliminary and Final Design of: Reconstruction of County Road J from Airport Road to Rice Creek Parkway, including a new bridge over I-35W Attachments: Exhibit A Work Plan/Approach Exhibit B "DEED Agreement" THIS AGREEMENT, by and between the City of Mounds View, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; s WlTNESSETH; WHEREAS, the parties hereto desire to enter into a joint agreement and effort providing for the preliminary engineering, conceptual and final design, right of way ("ROW") Acquisition, and bid preparation for the reconstruction of Ramsey County Road J from Airport Road to Rice Creek Parkway, including a new bridge over I-35W in accordance with the Work Plan/Approach contained in Exhibit A attached hereto (the "Project"); and WHEREAS, preliminary studies and reports which have been conducted by the City of Mounds View, Medtronic, Inc. and the Minnesota Department of Transportation (Mn/DOT) indicate that it is feasible, practical, and technically proper to undertake the proposed construction improvements; and WHEREAS, the State of Minnesota has approved the 2005 Capital Bonding bill with an appropriation to the Minnesota Dept. of Employment and Economic Development ("DEED") for funding of a grant of $5,000,000.00 to the City of Mounds View for public improvements for a commercial and industrial redevelopment project; and WHEREAS, the State of Minnesota has approved the 2005 Capital Bonding bill with an appropriation for Bioscience Development for grants to political subdivisions to RJL-264389v3 MU205-30 • pre-design, design, construct, furnish, and equip publicly owned infrastructure required to support bioscience development in Minnesota; and WHEREAS, the City and DEED have entered into a grant agreement (Exhibit A) under which DEED has agreed to fund a grant to the City in an amount sufficient to enable the City to reimburse the County for amounts to be incurred by the County under this Agreement; and WHEREAS, the above road improvements are located in the Cities of Blaine, Mounds View and Shoreview, and located in the Counties of Anoka and Ramsey; and WHEREAS, the City and the County desire to retain the services of a professional engineering consultant to develop the preliminary design plans and administer ROW acquisition for the Project; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The County shall retain the services of a professional engineering consultant to perform engineering and right of way services for the Project. The Project is defined as preliminary engineering, conceptual and final design, right of way (ROW) acquisition, and bid preparation for the reconstruction of County Road J from Airport Road to Rice Creek Parkway, including a new bridge over I-35W. Cost distribution of the consultant contract is factored at 100% ($1,158,375.00} cost to the City which is to . be funded by the DEED grant to the City. Cast distribution for additional services provided by ar direct costs incurred by Ramsey County in support of Project completion as defined in Section 5 herein is also factored at 100% ($150,000) cost to the City, and a contingency ($327,125.00) of 25% of the costs identified above, which is also to be funded by the DEED grant to the City. 2. Preliminary design plans developed for the Project shall meet County State Aid Highway (CSAH) Standards and be subject to the approval of the City of Blaine, City of Mounds View, City of Shoreview, Anoka County and Minnesota Department of Transportation. 3. The City of Mounds View shall cooperate with Ramsey County's professional engineering consultant ("Consultant") in the preparation of the preliminary and final design plans as may be beneficial to the timely completion of the Project. 4. The County, without cost to the City or Consultant, will supply to the Consultant for use in the design all available materials previously prepared for the Project. This sha11 include reports and drawings related to previous transportation improvements. 5. The County shall administer the contract for consultant engineering/acquisition services and make payment far all services rendered. The County shall alsa, where appropriate, provide additional services, materials, and data to RJL-264389v3 2 MU205-30 • the Consultant such as survey control, digital mapping, legal services far eminent domain processes, bid advertisements, printing, or other information/products that will facilitate completion of design, property acquisition, and contract bidding services for the Project. 6. The County shalt invoice the City periodically for design services provided by the Consultant and also services provided or purchased by the County for the Project. Consultant fees shat( be paid by the City in a total amount not to exceed $1,1.58,375.00, as described in Section 1. Fees for in-house County services and related direct costs shall not exceed $150,000.00, as described in Section 1. 7. The City steal! make payments to Ramsey County within 35 days of receipt of invoice from the County in accordance with Minnesota Statute. 8. City and the County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest accrued thereon and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the Gity or the County perform or fail to perform duties imposed on each party by the terms of this Agreement. Nothing herein shall be deemed a waiver of the statutory limits of liability of either party. 9. It is understood and agreed by the parties hereto that this Agreement shall not be modified or amended except in writing duly signed by each of the parties. 10. This Agreement shall remain in full force until December 31, 2007, unless terminated at an earlier date by written agreement of the City and the County. 11. All notices, demands or other communications under this Agreement shall be effective only if made in writing and steal! be sufficiently given and deemed given when delivered personally, transmitted by facsimile, or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: If to County: County of Ramsey Public Works Department Attn: Daniel G. Schnacht, P.E. Acting Director 1425 Paul Kirkwoid Drive Arden Hills, MN 55112 Facsimile: 651-266-7110 R3L-264389v3 3 M U245-30 W ith a copy to: Assistant County Attorney County of Ramsey 50 W. Kellogg Boulevard, Suite 315 St. Pau(, MN 551-2 Facsimile: 651-266-3010 If to City: City of Mounds View Attn: Kurt Ulrich, City Administrator 2401 Highway 10 Mounds View, MN 55112-1429 Facsimile: 763-784-3462 With a copy to: Scott J. Riggs, City Attorney Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapoiis, MN 55402 Facsimile: 612-337-9310 Or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provide in this section. . 12. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 13. In the event the City is unable to secure funds from the State of Minnesota to reimburse the County for its expenses and payments to the consultant under this agreement or any other agreement or is otherwise unable to reimburse the County before completion of the project, it shall immediately notify the County of such inability so that the County may terminate its agreement with the consultant. Upon such notice by the City the County may also terminate this Agreement in its discretion. Notwithstanding termination. of this Agreement by the County due to the City's inability to obtain funds from the State of Minnesota, the City shall remain liable to reimburse the County for all finds expended or owing to the consultant for work done prior to termination by the County of its contract with the consultant. 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed effective as of the last of the dates indicated below. CITY OF M - NDS VIEW, MINNESOTA THE COUNTY OF RAMSEY g ~/ / ~ BY: Y y Chairperson Its Mayor ~ Board of County Commissioners RJL 264389v3 M U205-30 4 • dy ~~ ` Its City Administrator Date: (~i~/`f%i'' v2 y , 2005 Attest: Chief Clerk-County Board Date: Approved as to Form: 2005 Assistant County Attorney Risk Management Recommended for Approval: • • R!L-264389v3 MU205-30 5 Daniel G. Schacht, P.E. Acting Director 1~ u GENERAL OBLIGATION BOND PROCEEDS GRANT AGREEMENT PRE-DESIGN OR DESIGN GRANT for the • MOUNDS VIEW REDEVELOPMENT PROJECT Generic GO Grant Agreement Ver - 7/30/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grnt) TABLE OF CONTENTS RECITALS ARTICLE I -DEFINITIONS Section 1.01 -Defined Terms ARTICLE II -GRANT Section 2.01 -Grant of Monies Section 2.02 -Use of Grant Proceeds Section 2.03 -Completion of Predesign Stage Section 2.04 -Public Entity Representations and Warranties Section 2.0~ - Ter7ninationlModification of Grant 4 ARTICLE III - ACQUISITION, CONSTRUCTION AND USE OF THE REAL PROPERTY AND FACILITY Section 3.01 -Applicability ~ Section 3.02 -Additional Defined Terms ~ Section 3.03 -State Bond Financed Property 6 Section 3.04 -Operation of the Real Property and Facility 6 Section 3.05 -Execution and Delivery of Declaration 7 Section 3.06 -Public Entity Representations and Warranties 7. Section 3.07 -Use Contracts 9 Section 3.08 -Receipt of Monies Under a Use Contract 10 • Section 3.09 -Sale 11 Section 3.10 -Proceeds of a Sale 1 I Section 3.11 -Effect of Sale 12 Section 3.12 -Insurance 12 Section 3.13 -Condemnation 13 Section 3.14 -Use, Maintenance, Repair and Alterations 13 Section 3.15 -Inspection of Facility 14 Section 3.16 -Applicability to Real Property and Facility 14 ARTICLE IV -EVENTS OF DEFAULT AND REMEDIES Section 4.01 -Event(s) of Default 14 Section 4.02 -Remedies 15 Section 4.03 -Notification of Event of Default 15 Section 4.04 - Effect of Event of Default I ~ ARTICLE V -DISBURSEMENT OF GRANT PROCEEDS Section 5.01 -The Advances 16 Section 5.02 -Draw Requisitions 16 Section 5.03 -Additional Funds from Borrower 16 Section x.04 -Condition Precedent to Any Advance 16 ARTICLE VI -MISCELLANEOUS Section 6.01 -Changes to G.O. Compliance Legislation or the • Generic GO Grant Agreement 1 Ver - 7/30/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grni) • • • Commissioner's Order Section 6.02 -Preservation of Taa Exempt Status Section 6.03 -Records Keeping and Reporting Section 6.04 -Data Practices Section 6.05 -Non-Discrimination Section 6.06 -Worker's Compensation Section 6.07 -Antitrust Claims Section 6.08 -Prevailing Wages Section 6.09 -Liability Section 6.10 -Indemnification by the Public Entity Section 6.11 -Relationship of the Parties Section 6.12 -Notices Section 6.13 -Binding Effect and Assignment or Modification Section 6.14 -Waiver Section b.15 -Entire Agreement Section 6.16 -Choice of Law and Venue Section 6.17 - Severability Section 6.18 -Time of Essence Section 6.19 -Counterparts Section 6.20 -Matching Funds Section 6.21 -Third-Party Beneficiary Section 6.22 -Additional Requirements Generic GO Grant Agreement for Pre-Design or Design Grants I1 17 17 IS 19 19 19 19 19 20 20 ?I 21 ~~ ~~ ?~ ~~ ~; ~~ ~~ 23 ?; ~; Ver - 7/30/03 (Gnrc GO GA-PrDsgn Grnt) • GENERAL OBLIGATION BOND PROCEEDS GRANT AGREEMENT PREDESIGN OR DESIGN GRANT for the Mounds Vier~• Redevelopment PROJECT Grant Agreement #: RDGP-OS-0001-o-FY05 THIS AGREEMENT shall be effective as of April,l2 2005 and is bern-een City of Mounds View, a home rule charter city (the "Public Entity"), and the Department of Employment and Economic Development (the "State Entity"). RECITALS A. Under the provisions contained in Minnesota Laws 2005 Ist Special Session Chapter 20, Article 1, Section 23, Subdivision 11 ,the Public Entity has been liven the authority to provide public improvements for a commercial and industrial redevelopment project; and B. Under the provisions contained in Minnesota Laws 200 1st Special Session Chapter 20, Article 1, Section 23, Subdivision 11 ,the State of Minnesota has allocated ONE MILLION SIX HUNDRED AND THIRY FNE "THOUSAND FIVE HUNDRED DOLLARS $1,635,00, which is to be given to the Public Entity as a grant to assist it in the public improvements to for a commercial and industrial redevelopment project as authorized by Minnesota Laws 2005 1st Special Session Chapter 20, Article 1, Section 23, Subdivision l l ; and C. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article Xl, § 5{a) of the Minnesota Constitution; and D. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section I.O1 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out,respectively after each such teen (such meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the contents hereof specifically indicate otherwise: i Genetic GO Grani Agreement 1 Ver - 7/30/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Gmt} • "Advance(s)" -means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance «'ith the provisions contained in Article ~' hereof. "A~-eement" -means this General Obligation Bond Proceeds Grant Agreement Predesign or Design Grant for the Mounds Vie«- Redevelopment Project. "Code" -means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of Finance" -means the State of Minnesota acting through its Commissioner of Finance, and any designated representatives thereof. "Commissioner's Order" -means the "Order Amending Order of the Commissioner of Finance Relating to Use and Saie of State Bond Financed Property" executed by the Commissioner of Finance on July 20, 1995. "Event of Default" -means those events set forth in Section 4.01. "Facility", if applicable, -means Not Applicable, which may be acquired and improved, renovated, rehabilitated, or newly constructed by ttte Public Entity at some future date. • "G.O. Bonds" -means state general obligation bonds, issued under the authorit Y granted in Article XI, § 5(a} of the Minnesota Constitution, the proceeds of which are used to fund the Grant, or any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. 5 16A.69~, as such may subsequently be amended, modif ed or replaced. "Grant" - means a grant of monies from the State Entity to the Public. Entity ire an amount of ONE MILLION SIX HUNDRED AND THIRY FIVE THOUSAND FIVE HUNDRED DOLLARS $1,635,500. "Predesign Stage" -means the performance of predesign or design functions relating to the Public Entity's acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility. "Public Entity" -means City of Mounds Viev~~, a home rule charter city . "Real Property" -means real property that is the subject of this Agreement and, if applicable, upon which the Facility will be situated. "State Entity" -means the Department of Employment and Economic Development . Generic GO Grant A Bement 2 ~ Ver - 7!30!03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grnt) • Article II GR4NT Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan. • Section 2.02 Use of Grant Proceeds. The Public Entity shall use the proceeds of the Grant to perform, complete and fully pay for the Predesign Stage. Eligible uses incorporated into the Agreement shall be specified under "Special Conditions" in section 6?2 Additional Requirements. Section 2.03 Completion of Predesign Stage. The Public Entity shall diligently pursue and complete, or cause to be completed, the Predesign Stage and pay all of the costs related thereto. Section 2.04 Public Entih~ Representations and Warranties. With respect to the Predesign Stage the Public Entity covenants with and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute and deliver this Agreement, and it has taken all actions necessary to its execution and delivery of this Agreement. B. This Agreement is a legal, valid and binding obligation of the Public Entity enforceable against the Public Entity in accordance with its terms. C. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties contained in this Agreement. D. It will comply with all of the provisions and requirements contained in the G.O. Compliance Legislation and the Commissioner's Order. E. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Entity or which it will submit to the State Entity in the future relating to the Grant or the disbursement of any of the Grant is and will be true and correct. F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority, against or effecting4it relating to the Predesign Stage, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement or to perform any of the acts required of it in this Agreement. • G. Neither the execution and delivery of this Agreement, nor compliance with any of the terms, conditions, requirements, or provisions contained herein is prevented by, is a Generic GO Grant Agreement for Pre-Design or Design Grants V er - 7/30/03 (Gnrc GO GA-PrDsgn Gmt) • breach of, or will result in a breach of, any term, condition, or provision of an_v agreement or document to which it is no«~ a party or by which it is bound. H. It will use the Grant solely to reimburse itself for expenditures it has already made, or will make, to perform and complete the Predesign Stage or to pay for tl~e completion of the Predesign Stage. I. The Predesign Stage will be performed and completed in full compliance ~~~ith all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Predesign Stage. J. It has complied with the matching funds requirement, if any, contained in Section 6.20. K. It will complete and fully pay for the Predesign Stage. L. It will supply or cause to be supplied whatever funds that are needed above and beyond the amount of the Grant to complete and fully pay for the Predesign Stage. • M. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Public Entity has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Public Entity proposes to take with respect thereto. N. It tvi11 promptly notify both the State Entity and the Commissioner of Finance if and when it acquires an interest in or improves the Real Property, or acquires an interest in or improves, renovates, rehabilitates, or newly constructs the Facility. O. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Finance. • Section 2.05 Termination/Modification of Grant. If the Predesign Stage is not started on or before June 30th, 2006, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the Grant shalt terminate, and, in such event, (i} if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ii) if some but not ail of the Grant has been disbursed by such date then The State Entity shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. Generic GO Grant Agreement for Pre-Design or Design Grants 4 Yer - 7130/03 (Gnrc GO GA-PrDsgn Gmt) In addition, if aII of the Grant has not been disbursed on or before the date that is ~ years from the effective date of this A~'eement, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to continue to fund the Grant shall terminate, and in such event (y) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that vas actually disbursed as of such date. In the event that the legislation that authorized The Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Article III ACQUISITION, CONSTRUCTION AND USE OF THE REAL PROPERTY AND FACILITY Section 3.OI Applicabilit3~. The provisions contained in this Article III are in addition to and not in replacement of the other provisions contained in this Agreement, and shall only apply in the event that and at the time that the Public Entity acquires an interest in and, if applicable, improves the Real Property and, in addition and if applicable, acquires, improves, renovates, rehabilitates, or newly constructs the Facility. Such application shall occur even if the Public Entity does not receive any additional monies from the State Entity for the subsequent acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if .applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility. If the Public Entity never acquires an interest the Real Property and, if applicable, the Facility, then this Article III shall have no effect. Section 3.02 Additional Defined Terms. The following defined terms apply to the provisions contained in this Article III, are in addition to the defined terms contained in Section 1.01, and shall have the meanings set. out respectively after each (such meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the contents hereof specifically indicate otherwise: "Declaration" - means a declaration, in form and substance acceptable to the State Entity, indicating that the Public Entity's interest in the Real Property and, if applicable, the Facility, will be bond financed property within the meaning of the G.O. Compliance Legislation and will be subject to certain restrictions imposed by this Agreement. • "Fair Market Value" -means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released, or (ii) the puce bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that Generic GO Grant Agreement for Pre-Design or Design Grants Ver - 7130/03 (Gnrc GO G.A-PrDsgn Grnt) ~~ all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. "Use Contract" - means a lease, management contract or other similar contract between Public Entity and any other entity, and which involves or relates to the Real Property and, if applicable, the Facility. "Usee" -means the entity that the Public Entity contracts with under a Use Contract: • t Section 3.03 State Bond Financed Properri~. The Public Entity and the State Entity acknowledge and agree that the Public Entity's interest in the Real Property and, if applicable, the Facility will be "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order will apply to the Public Entity's interest in the Real Property and, if applicable, the Facility and any Use Contracts relating thereto. Section 3.04 Operation of the Real Property and Facilih~. The Public Entity shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as public right-of--way, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts have been approved, in writing, by the State Entity and the Commissioner of Finance and fully comply with all of the provisions contained in Section 3.07. The Public Entity shall also annually determine that the Rea] Property and, if applicable, the Facility are being so used and shall supply a statement, sworn to before a notary public, to such effect to both the State Entity and the Commissioner of Finance. For those programs, if any, that the Public Entity will directly operate on the Real Property and, if applicable, in the Facility, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, and will supply to the State Entity and the Department of Finance certified copies of such resolution and budget. For those programs, if any, that will be operated on the Real Property and, if applicable, in the Facility, by a Usee under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Usee has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Usee to provide an initial and annual program budgets that clearly show that forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iii} it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues will be equal to or greater than forecast program expenses for the next fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues will be equal to or greater than forecast program expenses, and require the Usee to prepare and submit a revised program budget, and (v) upon receipt of a program budget Generic GO Grant Agreement for Pre-Design or Design Grants 6 Ver - 7/30/03 {Gnrc GO GA-PrDsgn Gmt) • that it believes accurately reflects forecast program revenues and expenses and that sho«~s that forecast program revenues will be equal to or greater than forecast program expenses, it «-ill approve such budget by resolution and supply to both the State Entity and the Commissioner of Finance certified copies of such resolution and budget. Section 3.05 Execution and Deiiven~ of Declaration. The Public Entity shall promptly execute, record in the appropriate office, and deliver a Declaration to the State Entity with al] of the recording information displayed thereon. Section 3.06 Public Entity Representations and tiVarranties. With respect to the Public Entity's acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility, the Public Entity covenants with and represents and warrants to the State Entity as follows: A. As of the date of this Agreement it has legal authority to enter into, execute, record, and deliver the Declaration, and it will not take any action that will revoke or impair such authority or impair its ability to enter into, record, or deliver the Declaration. B. It will take al} actions necessary to its execution, recording, and delivery of the Declaration. • C. After the Declaration has been executed it will be a legal, valid, and binding obligation of the Public Entity enforce~.ble against the Public Entity in accordance with its terms. D. With respect to the Real Property it will hold either (i) fee simple title, (ii) a lease or easement, in form and substance acceptable to the State Entity and that cannot be prematurely cancelled or terminated without the prior written consent of tl~e State Entity, for a term of one-hundred years if there is no Facility, or (iii) a lease or easement, in form and substance acceptable to the State Entity and that cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, for a term of years equal to or greater than longer of 50 years or the expected useful Iife of the structures and improvements which make up the Facility if there is a Facility, and, in addition, will possesses all easements necessary for the operation, maintenance and management of the Real Property in the manner specified in Section 3.04, provided, however, the requirements in this Section 3.06 (d) shall not apply to lands currently in public ownership at the effective date of the Agreement. E. With respect to the Facility, if applicable, it will hold either (i) fee simple title, or (ii) a lease or easement, in form and substance acceptable to the State Entity and that cannot be prematurely cancelled or terminated without the prior written consent of the State Entity, for a term of years equal to or Beater than longer of 50 years or the expected useful life of the structures and improvements which make up the Facility, and, in addition, will possesses all easements necessary for the operation, maintenance and management of the Facility in the manner specified in Section 3.04. t Generic GO Grant Agreement for Pre-Design or Design Grants Ver - 7/30/03 (Gnrc GO GA-PrDsgn Grnt) F. Its acquisition of an interest in and, if applicable, improvement of the Rea] Property and, if applicable, acquisition, improvement, renovation, rehabilitation, or ne~~~ construction of the Facility will be performed in full and complete compliance «•ith all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property or, if applicable, the Facility. G. It will obtain all applicable licenses, permits, and bonds required for its acquisition of an interest in and, if applicable, improvement of the Real Property and, in addition and if applicable, its acquisition, improvement, renovation, rehabilitation, or ne~~° construction of the Facility. H. Its use of the Real Property and, if applicable, the Facility will be performed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or Iocal political subdivisions having jurisdiction over the use of the Real Property and, if applicable, the Facility. I. It will obtain all licenses, permits, and bonds required .for its use of the Real Property and, if applicable, the Facility. J. In its acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, The acquisition, improvement, renovation, rehabilitation, or new construction of the Facility it will comply with all of the terms contained in this Agreement, the Declaration, the G.O. Compliance Legislation, and tl~e Commissioner's Order. K. It will fully enforce the terms and conditions contained in any Use Contract. L. It will not allow any lien or encumbrance that is prior and superior to the Declaration to be created 'or imposed upon the Real Property, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien, without the prior written consent of both the State Entity and the Commissioner of Finance. M. As of the date of this Agreement it is not in violation of any of the provisions of its charter or of the laws of the State of Minnesota that would (i) prohibit it from entering into, recording, and delivering the Declaration, (ii) affect its ability to acquire an interest in and, if applicable, improve the Real Property or operate the Real Property for the purpose delineated in Section 3.04 or (iii) if applicable, affect its ability to acquire, improve, renovate, rehabilitate, or newly construct the Facility or operate the Facility for the purpose delineated in Section 3.04. In addition, it will not take any action that would be in violation of such charter or laws that would prohibit or prevent it from performing such acts. N. As of the date of this Agreement there are not any actions, suits, or proceedings pending, or to its knowledge threatened, before or by any judicial body or governmental authority, against, or affecting it that would (i) prohibit it from entering into, recording, and delivering the Declaration, (ii) affect its ability to acquire an interest in and, if applicable, Generic GO Grant Aereement 8 Ver - 7/30/03 for Pre-Design or Design Grants _ (Gnrc GO GA-PrDsgn Grnt} improve the Real Property or operate the Real Property for the purpose delineated in Section 3.04, or (iii} if applicable, affect its ability to acquire, improve, reno~ ate, rehabilitate, or newly construct the Facility or operate the Facility for the purpose delineated in Section 3.04. 0. As of the date of this Agreement it is not in default with respect to anv order. writ, injunction, decree, or demand of any court or any governmental authority ~~~hich would prohibit it from (i} executing, recording, and delivering. the Declaration, (ii) acquiring an interest in and, if applicable, improving the Real Property or operating the Real Property for the purpose delineated in Section 3.04, or (iii) if applicable, acquiring, improving, renovating, rehabilitating, or newly constructing the Facility or operating the Facility for the purpose delineated in Section 3.04. In addition, it will not take any action that v~/ould cause a default under any such order, writ, injunction, decree, or demand of any court or any governmental authority to occur that would prevent the perfom~ance of such acts. P. As of the date of this Agreement, neither (i) its execution, recording, or delivery of the Declaration, (ii) its ability to acquire an interest in and, if applicable, improve the Real Property or operate the Real Property for the purpose delineated in Section 3.04, or (iii} if applicable, its ability to acquire, improve, renovate, rehabilitate, or r~e~vly construct the Facility and operate the Facility for the purpose delineated in Section 3.04, will be prevented by, be a breach of, or will result in a breach af, any terra, condition, or provision of any agreement or document to which it is a party or by which it is bound. In addition, it • will not enter into any agreement or document that ~.vould prevent the performance of such acts. Q. As of the date of this Agreement its acquisition of an interest in and, if applicable, improvement of the Real Property or operation of the Real Property for the purpose delineated in Section 3.04 and, in addition and if applicable, its acquisition, improvement, renovation, rehabilitation, or new constntction of the Facility or operation of the Facility for the purpose delineated in Section 3.04 will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record. In addition, it will not take any action that would cause such a violation. Section 3.07 Use Contracts. Each and every tJse Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which the Use Contract will be entered into must be a governmental purpose. B. It must contain a provision delineating the statutory authority under which the Public Entity is entering the Use Contract, and must comply with the substantive and procedural provisions of such statute. Generic GO Grant Agreement 9 Ver - 7/3D/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grnt) C. It must contain a provision stating that the Use Contract is being entered into in order to carry out a specific governmental purpose, and must delineate such governmental purpose. D. It must be for a term, including any renewals that are solely at the option of the Usee, that is, if applicable, substantially less than the useful life of the structures and improvements that make up the Facility, if any, but may allow for renewals beyond the original term upon a determination by the Public Entity that the use continues to carry out a specific governmental purpose and must delineate such governmental purpose. A terra that is equal to or shorter than 50% of the useful life of the structures and improvements that make up the Facility, if any, will meet the requirement that it be for a time period that is substantially shorter than the useful life of such structures and improvements. If there is no Facility, Then the term must not exceed 20 years. E. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Usee to provide to the Public Entity; (i) an initial program evaluation report, and (ii) a program budget, at least annually, showing forecast program revenues and expenses for the next fiscal year. F. It must allow for termination by the Public Entity in the event of a default thereunder by the Usee, or in the event that the governmental purpose delineated in the Use Contract is terminated or changed. M G. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if applicable, the Facility, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If any funds are to be paid to the Public Entity under the Use Contract, then it must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of Finance, take such actions and furnish such documents to the Commissioner of Finance as the commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. I. It must be approved, in writing, by both the State Entity and the Commissioner of Finance, and any Use Contract that is not approved, in writing, by both the State Entity and the Commissioner of Finance shall be null and void and of no force or effect. J. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or new positions it may have with job services of the Commissioner of Economic Security for the State of Minnesota or the local service units, as required by Minn. Stat. ~ 268.66 Subd. I, as such may subsequently be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.08 Receipt of Monies Under a Use Contract. If the Public Entity receives any monies under a Use Contract, then a portion of such funds in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the Real Property and, if Generic GO Grant A Bement 10 Ver - 7/30/03 8T for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Gmt) applicable, the Facility, or to pay the principal, interest, .redemption premiums, and other expenses on debt related to the Real Property and, if applicable, the Facility, other than the debt on the G.O. Bonds and debt for ~i-hich the Public Entity has no financial liability, must be paid b~~ the Public Entity to the Commissioner of Finance. The portion of such e?~cess funds that the Public Entity shall pay to the Commissioner of Finance shall be determined by the Commissioner of Finance and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess amount by a fraction the numerator of .which is the amount of G.O. Bonds and the denominator of which is the total principal amount of all public debt financing incurred with respect to the Real Property and, if applicable, the Facility other than public debt issued by a public entity for which it has no financial liability, Section 3.09 Sale. The Public Entity may not sell its interest in the Real Property or, if applicable, the Facility unless all of the following conditions have been complied with fully. A. The Public Entity determines, by official action, that it is no longer usable or needed as public right-of--way. 4 B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of Finance has been obtained The acquisition of the Public Entity's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, acceptance of a deed-in-lieu of foreclosure of the Public Entity's interest in the Real Property and, if applicable, the Facility, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 3.04 and the Iender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.10. Section 3. I 0 Proceeds of a Sale. Upon the sale of the Public Entity's interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order: A. The first distribution shall be to the Commissioner of Finance in an amount equal to the amount of the Grant actually disbursed, and if the amount of such net proceeds shall be less than the amount of the Grant actually disbursed then all of such net proceeds shall be distributed to the Commissioner of Finance. Generic GO Grant Agreement 11 V er 7/30/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Gmt) B. The remaining portion, after the distribution specified in Section 3.10..A. shall be distributed to pay rn full any outstanding publre or pnvate debt rncurred to acquire the Public Entity's. interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. C. The remaining portion, after the distributions specifed in Sections 3.10.A ~ B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the Public Entity's interest in or for the betterment of the Real Property and, if applicable, the Facilities by public and private entities, including the State Entity but not including any private entity that has been paid in full, that supplied funds in either real monies or like kind contributions for such acquisition and betterment, and the State Entitys distribution shall be made to the Commissioner of Finance. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. The Public Entity shall not be required to pay or reimburse the State Entity for any funds above the full net proceeds of such sale, even if such net proceeds are less than the amount of the Grant actually disbursed. Section 3.11 Effect of Sale. Upon the occurrence of a sale that is made in conformance with the provisions contained in Sections 3.09 and 3.10, this Agreement shall terminate and the Real Property and, if applicable, the Facility shall be released from the Declaration. Section 3.12 Insurance. The Public Entity shall maintain or cause to be maintained fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists, then the Public Entity shall, at its sole option and discretion, either; (i} use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.09. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for such repair shall be applied in accordance with the provisions contained in Section 3.10 as if the Public Entity's interest in the Rea] Property and Facility, if such exists, had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.10 upon the ultimate sale of the Public Entity's interest in the Real Property and Facility, if such exists,. If the Public Entity elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.10, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As loss payee under the insurance required the State Entity will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section 3.12 imposes upon the Public Entity as to the use of such insurance proceeds. Generic GO Grant Agreement 12 Ver - 7/30/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grnt) • If the Public Entity elects to maintain seneral comprehensive liability insurance resardin~, the Real Property and Facility, if such exists, then the Public Entity shall have. the State Entitt named as an additional named insured therein. At the written request of either the State Entity or the Commissioner of Finance. the Public Entity shall promptly furnish to the requesting entity alI written notices and all paid premium receipts received by the Public Entity regarding such required insurance, or certificates of insurance evidencing the existence of the required insurance. • • Section 3.13 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Public Entity can no longer coil~ply lvith the provisions contained in Section 3.04, then the Public Entity shall, at its sole option and discretion, either; {i) use or cause the condemnation proceeds to be used to acquire air interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 3.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.09. Any condemnation proceeds ~;•hich are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 3.10 as if the Public Entity's interest in the Real Property and, if applicable, the Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.10 upon the ultimate sale of the Public Entity's interest in the Real Property and, if applicable, the Facility. If the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.10, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements which this Section 3.13 imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 3.14 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of both the State Entity and the Commissioner of Finance, permit or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other than the use for which the same is intended as of the effective date of this Agreement. In addition, the Public Entity; (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written consent of both the State Entity and the Commissioner of Finance, remove, demolish or substantially alter (except such alterations as maybe required by laws, ordinances or regulations) any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and Generic GO Grant Agreement for Pre-Design or Design Granu 13 Ver - 7/3U/03 (Gnrc GO GA-PrDsgn Grnt) workmanlike manner any building or other improvement ~;•hich may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, «hich may be damaged or destroyed thereon and pay when due all claims for labor performed and materials famished therefore, (vi) shall comply with al] laws, ordinances, regulations, requirements, covenants, conditions and restrictions no~v or hereafter affecting the Rea] Property and, if applicable, the Facility, or any part thereof or requiring any alterations or improvements thereto, (vii} shall not commit or permit any waste or deterioration of the Real Property and. if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Public Entity's interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x) shall comply with the provisions of any condominium documents if t11e Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with Iike property of at least equal value and utility, and (xii) shall not commit, suffer or pernlit any act to be do-ne in or upon the Real Property and, if applicable, the Facilit}~, in violation of any law, ordinance or regulation. Section 3.1 ~ Inspection of Facilittir. Upon reasonable request by the State Entity the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Section 3.16 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's present or future interest in the Real Prope::~~~ and if a Facility currently exists or will exist in the future the Facility. The term if applicable' appearing before t}te teen "Facility" is meant to indicate that the this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's interest in the Real Property. Article IV EVENTS OF DEFAULT AND REMEDIES Section 4.01 Event(s) of Default. The following events shall, unless waived in writing by both the State Entity and the Commissioner of Finance, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of Finance giving the Public Entity 30 days written notice of such event, and Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to .cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shall, unless waived in writing by both the State Entity and the Commissioner of Finance, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of Finance giving the Public Entity written notice of such event Generic GO Grant Agreement 14 for Pre-Design or Design Grans Ver - 7/30/03 (Gott GO GA-PrDsgn Grnt) A. If any representation, covenant. or warranty made by the Public Entity herein, in any other document furnished pursuant to this Agreement. or in order to induce the State Entity to disburse any of the Grant, shall prove to have been untrue or incorrect in atl~~ material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition. covenant, or ~~arranty contained in this Agreement. C. If the Public Entity fails to comply with any provision, tern1, condition, covenant, or warranty contained in the G.O. Compliance Legislation, or tl~e Commissioner's Order, as such apply to the Real Property and, if applicable, the Facility. Section 4.02 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of Finance may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, ho"~ever, tl~e State Entity may make such a disbursement after the occurrence of an Evetit of Default without thereby waiving its rights and remedies hereunder. B. The Commissioner of Finance, as a third party beneficiary of this Agreement, may demand that the portion of the Grant already disbursed to the Public Entity be returned to it, and upon such demand the Public Entity shall return such portion to the Commissioner of Finance. C. Either the State Entity or the Commissioner of Finance, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in ]aw or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Finance would otherwise possess. If the Public Entity does not repay any portion of the amount specified in Section 4.02.B within thirty (30) days of demand by either the State Entity or the Commissioner of Finance, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 4.03 Notification of Event of Default. The Public Entity shall furnish to both the State Entity and the Commissioner of Finance, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. • Generic GO Grant Agreement 15 for Pre-Design or Design Grants Ver - 7/.30103 (Gnrc GO GA-PrDsgn Grnt) • Section 4.04 Effect of Event of Default. If an Event of Default occurs and the Public Entity rs requued to and does return the amount specified in Section •~.02.B to the Commtssioner of Finance, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Public Entity shall be credited against any amount that shall be due to the Commissioner of Finance under Section 4.02.B, and against anv amount that becomes due and payable because of any other Event of Default. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Public Entity from time to time in an aggregate total amount equal to the amount of the Grant. Provided, however, in accordance with the provisions contained in Section 2.05, the State Entity's obligation to make Advances shall terminate as of the day and date which occurs ~ years from the effective date of this Agreement even if aII of the Grant has not been disbursed by such date. Section 5.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the Grant, which shat) be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public • Entity or its designee. Each Draw Requisition shall be submitted on or between the 1 S` day and the 15`h day of the month in which an Advance is requested, and shall be submitted at )east 7 calendar days before the date the Advance is desired. Each Draw Requisition shall be limited to amounts equal to the portion of the Predesign Stage that has been completed since the submittal of the Last prior Draw Requisition. At the time of submission of each Draw Requisition the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments that are to be made out of the relevant Draw Requisition. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. Section 5.03 Additional Funds from Borrower. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus The amount of all other funds committed to the completion of the Predesign Stage is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Predesign Stage, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Predesign Stage. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Generic GO Grant Agreement for Pre-Design or Design Grants 16 Ver • 7/30/03 (Gnrc GO GA-PrDsgn Grnt) • Section 5.04 Condition Precedent to An~~ Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount «'hen added to all prior requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i} the Public Entity has legal authority to and has taken al] actions necessary to enter into this Agreement, and (ii) this Agreement is binding on and enforceable against the Public Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Public Entity has sufficient funds to fully and completely pay for the Predesign Stage and all other expenses that may occur in conjunction therewith. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 6.20. r~ E. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Predesign Stage is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Predesign Stage, or if such a determination has been made and notice thereof sent to the Public Entity then the Public Entity has supplied or has caused some other entity to supply the necessary funds in accordance with Section 5.03, or to provide evidence acceptable io the State Entity that sufficient funds are available. F. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of Brace or time elapse shall have occurred and be continuing. G. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Article VI MISCELLANEOUS. I~~ Section 6.01 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner which reduces any requirement imposed against the Public Entity, or if the Predesign Stage or the Real Property and, if applicable, the Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein Generic GO Grant APreement for Pre-Design or Design Grants I7 Ver- 7/30/03 (Gnrc GO GA-PrDsgn Gmt) • such amendment to or exempt the Predesian Stage or the Real Property and, if applicable, the Facility from the G.O. Compliance Legislation or the Commissioner's Order. Section 6.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees that during the time period that an_v G.O. Bonds are outstanding and unpaid: A. It will not use or invest any proceeds of the Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Predesign Stage in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of Finance all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof. D. It will, upon direction from the Comrnissioner of Finance, take such actions and furnish such documents as the Commissioner of Finance determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which • such action may include either; (i) compliance w~itl~ proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue.. Procedures 93-19 and 97-13, or (iii) compliance with Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. F. In the event that the Public Entity eventually acquires an interest in the Real Property and, if applicable, the Facility, tlten it will not use the Real Property and, if applicable, the Facility in such a mariner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. Section 6.03 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new Generic GO Grant Agreement 18 Ver - 7130/03 for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Gmt) • construction of the Facility,. and the contemplated use of the Real Property and, if applicable, tl~e Facility, and compliance with the requirements contained in this Agreement, the G.O. Compliance Legislation, and the Commissioner's Order, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity. auditors for the State Entity. the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records, papers, or other documents relevant to the Grant. The Public Entity shall use or cause the entity that is maintaining such books and records to use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books. records, documents, and ather evidence for a period of 6 years from the date that the Predesign Stage has been completed and, if applicable, for a period of ~ years from the date of the Public Entity's acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or nely construction of the Facility. }n addition, Public Entity shall submit to the Grantor a report on the distribution of funds and tl~e progress of the Mounds View Redevelopment Project covered from the date of the grant award through June 30 of each year. The reports must be received by the State Entity no later than July 25 of each year. The report shall identify specific project goals listed in the application and quantitatively and qualitatively measure the progress of such goals. The report shall include data collected by the Mounds View Redevelopment Project for use by the State Entity. Reporting forms will be provided by the Department of Employment and Economic Development. • • Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Grant, the Predesign Stage, and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility, or contemplated use of the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes, as such may be amended, modified or replaced from time to time. Section 6.05 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices in the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. §S 363.03 8. 181.59, as such may subsequently be amended, modifed or replaced from time to time. Section 6.06 WorCtier's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §~ 176.181 Subd. 2 & 176.182, as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility. Generic GO Grant Aereement for Pre-Design or Design Grants 19 Ver - 7/30/03 (Gnrc GO GA-PrDsgn Gmt) • • • Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the State Entit}• and the Commissioner of Finance all claims it may have for over charges as to goods or services provided in its completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if applicable, the Facility, which arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.08 Prevailing Wages. The Public Entit}~ agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. y~§ 177.41 through I77.436, as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if applicable, the Facility. Section 6.09 Liabilih~. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Finance is governed by the provisions contained in Minn. Stat. ~ 3.73b, as such may subsequently be amended, modified or replaced frorn time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes, then the liability of the Public Entity is governed by the provisions contained in such Chapter 466, as such may subsequently be amended, modified or replaced from time to time. Section 6.10 Indemnification by the Public Entih'. The Public Entity shall bear all loss, expense {including attorneys' fees), and damage in connection with the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of Finance, and the State of Minnesota, their agents and employees, from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of Finance, and the State of Minnesota, their agents and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Minnesota or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Predesign Stage and, if accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use. of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission Generic GO Grant Agreement for Pre-Design or Design Grants ~a Ver - 7/30/03 (Gnrc GO GA-°rDsgn Grnt) r~ (excluding, however, negligence or breach of statutory duty) of the State Entity. the Commissioner of Finance, and the State of Minnesota, their agents and employees. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of Finance, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Usee, its officers, employees. or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 6.0~. The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. • C~ Section 6.11 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of Finance, nor shall the Public Entity be considered or deemed to be an went, representative, or employee of either the State Entity, the Commissioner of Finance, or the State of Minnesota, in the performance of this Agreement, the completion of the Predesign Stage, or, if and when accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if applicable, the Facility. The Public Entity represents that it has already or will secure or cause to be secured all persons required for the performance of this Agreement, the completion of the Predesign Stage, and, if and when accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Rea] Property and, if applicable, the Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the completion of the Predesign Stage, or, if and when accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if applicable, the Facility, shall not have any contractual relationship with either the State Entity, the Commissioner of Finance, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may or might arise on behalf of said personnel or other persons while so engaged out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Fublic Entity, its officers, agents, contractors, or employees shall in na way be the responsibility of either the State Entity, the Commissioner of Finance, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Finance, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Generic GO Grant Agreement for Pre-Design or Design Grants ?1 V"er - i/30/03 (Gore GO GA-PrDsgn Grnt) • Section 6.12 Notices. In addition to any notice required under applicable la«~ to be given in another manner, any notices required hereunder must be in writing. and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by ~~'ritten notice to the other: To the Public Entity at: City of Mounds View 2410 Highway 10 Mounds View, MN 55112-1429 Attention: Aaron Backman, Economic Development Coordinator To the State Entity at: Minnesota Department of Employment & Economic Development Brownftelds and Community Assistance 1st National Bank Building 332 Minnesota Street, Suite E200 Saint Paul, MN 55101 Attention: Marcus Martin, Project Manager To the Commissioner of Finance at: • Minnesota Department of Finance 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner of Finance • Section 6.13 Binding Effect and Assignment or Modification. This Agreement shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 6.14 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of Finance, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of Finance, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Public Entity, the State Entity; or the Commissioner of Finance, as a third party beneficiary of this Agreement; in exercising any right or remedy hereunder shall Generic GO Grant Agreement for Prc-Desien or Desien Grants 22 Ver - 7130/03 (Gnrc GO GA-PrDsgn Gmt) operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement. This Agreement and the documents, if an}', referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement shall be deterniined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.17 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect, and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such . counterparts shall together constitute one and the same instrument. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the completion of the Predesign Stage: NONE Any matching funds which are intended to meet the above requirements must either he in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to complete or pay for the Predesign Stage. Section 6.21 Third-Parh~ Beneficiary. The Public Entity and the State Entity agree that the completion of the Predesign Stage will benefit the State of Minnesota, and the provisions and requirements contained herein are for the benefit of both the State Entity arrd the State of Minnesota. Therefore the State of Minnesota, by and through its Commissioner of Finance, is and shall be a third-party beneficiary of this Agreement. Section 6.22 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. Generic GO Grant Agreement 23 Ver - 7130/03 fer Pre-Desien or Design Grants (Gnrc GO GA-PrDsgn Gmt) • Special Condit'sons The following activities and costs are based on a budget submitted by the Public Entity. Modifications must be approved in writing by the State Entity. Approved Budget for pre-design activities related to the Mounds View Redevelopment Praject. Approved Costs _ Amount Contract Consultant Services Project ManagementlPublic Involvement $160,375.00 Environmental $128,000.00 Right of Way Specifications $174,000.00 Roadway Design $506,000.00 Bridge Design $170,000.00 Utility Coordination/Design $20,000.00 Subtotal Consultant Services $1,158,375.00 Ramsey County Support Services r~ ~~ Project Management/Administration $65,000.00 Survey/Mapping $30,000.00 Legal Services (Right of Way) $40,000.00 Printing (Bid Plans & Specifications) $15,000.00 Subtotal County Support Services $150,000.00 Subtotal Consultant and County Suppart Costs $1,308,375.00 Contingency $327,125 Total $1,635,500 (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.) • Generic GO Grant Agreement for Pre-Design or Design Grants 24 Ver - 7/30/03 (Gnrc GO GA-PrDsgn Grnt} IN TESTIMONY HEREOF, the Puhlic Entity and the State Entity have executed this Grant Agreement on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Mounds View, a home rule charter city Grant Agreement Number: RDGP-0~-0001-o-FYOa Its: ~''i/~r~ And: ~~~ ~, Its: Ci-~ i4ds~i<`~s ~ti,rrr Dated: to - 2 y - o ~ STATE ENTITY: Department of Employment and Economic Development, By: Its: Dated: Generic GO Grant Agreement for Pre-Resign or Design Grants zs Ver - 1130/03 (Gnrc GO GA-Prt)sgn Gmtj