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5.1 Park Update
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04-01-2024
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5.1 Park Update
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Generic GO Bond Proceeds Contract # 242255 / PO # 3-246339 <br /> Ver – 10/26/20 <br />Grant Agreement for Program Construction Grants <br />16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order <br />of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” <br />executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as <br />amended (the “Commissioner’s Order”), even though such funds may only be a portion of the <br />funds being used to acquire such ownership interest and/or improve such real property and <br />structures and that such funds may be used to only acquire such ownership interest and/or improve <br />a part of such real property and structures. <br /> <br /> H. The Public Entity and the State Entity desire to set forth herein the provisions relating <br />to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the <br />operation of the Real Property and, if applicable, Facility. <br /> <br /> IN CONSIDERATION of the grant described and other provisions in this Agreement, the <br />parties to this Agreement agree as follows. <br /> <br />Article I <br />DEFINITIONS <br /> <br />Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have <br />the meanings set out respectively after each such term (the meanings to be equally applicable to <br />both the singular and plural forms of the terms defined), unless the context specifically indicates <br />otherwise: <br /> <br />“Advance(s)” – means an advance made or to be made by the State Entity to the Public <br />Entity and disbursed in accordance with the provisions contained in Article VI hereof. <br /> <br />“Agreement” - means this General Obligation Bond Proceeds Grant Agreement - <br />Construction Grant for the City of Pequot Lakes Shade Tree Project under the MN Natural <br />Resources Shade Tree Program, as such exists on its original date and any amendments, <br />modifications or restatements thereof. <br /> <br />“Approved Debt” – means public or private debt of the Public Entity that is consented <br />to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or <br />will used to acquire an ownership interest in or improve the Real Property and, if applicable, <br />Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited <br />to, all debt delineated in Attachment III to this Agreement; provided, however, the <br />Commissioner of MMB is not bound by any amounts delineated in such attachment unless <br />he/she has consented, in writing, to such amounts. <br /> <br />“Architect”, if any - means Not Applicable, which will administer the Construction <br />Contract Documents on behalf of the Public Entity. <br /> <br />“Code” - means the Internal Revenue Code of 1986, as amended from time to time, and <br />all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. <br /> <br />DocuSign Envelope ID: 29DBC2D4-A2F2-444E-B71D-02719EA430EB
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