HomeMy WebLinkAbout05(C) - Resolution Approving a Grant Agreement Between the Metropolitan Council and the City of Prior Lake for a Sanitary Sewer Rehabilitation Project Report
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Grant Agreement for Program End Grants
General Obligation Bond Proceeds
Grant Agreement - End Grant
for the
«1»
Project
under the
«2»
Program
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Grant Agreement for Program End Grants
TABLE OF CONTENTS
RECITALS
Article I - DEFINITIONS
Section 1.01 – Defined Terms
Article II - GRANT
Section 2.01 – Grant of Monies
Section 2.02 – Public Ownership
Section 2.03 – Use of Grant Proceeds
Section 2.04 – Operation of the Real Property and Facility
Section 2.05 – Public Entity Representations and Warranties
Section 2.06 – Ownership by Leasehold or Easement
Section 2.07 – Event(s) of Default
Section 2.08 – Remedies
Section 2.09 – Notification of Event of Default
Section 2.10 – Survival of Event of Default
Section 2.11 – Term of Grant Agreement
Section 2.12 – Modification and/or Early Termination of Grant
Section 2.13 – Excess funds
Article III – USE CONTRACTS
Section 3.01 – General Provisions
Section 3.02 – Initial Term and Renewal
Section 3.03 – Reimbursement of Counterparty
Section 3.04 – Receipt of Monies Under a Use Contract
Article IV – SALE
Section 4.01 – Sale
Section 4.02 – Proceeds of a Sale
Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER’S ORDER
Section 5.01 – State Bond Financed Property
Section 5.02 – Preservation of Tax Exempt Status
Section 5.03 – Changes to G.O. Compliance Legislation or the
Commissioner’s Order
Article VI – DISBURSEMENT OF GRANT PROCEEDS
Section 6.01– Disbursement of Grant
Section 6.02 – Conditions Precedent to Disbursement of Grant
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Grant Agreement for Program End Grants
Article VII- MISCELLANEOUS
Section 7.01 – Insurance
Section 7.02 – Condemnation
Section 7.03 – Use, Maintenance, Repair and Alterations
Section 7.04 – Records Keeping and Reporting
Section 7.05 – Inspections by State Entity
Section 7.06 – Data Practices
Section 7.07 – Non-Discrimination
Section 7.08 – Worker’s Compensation
Section 7.09 – Antitrust Claims
Section 7.10 – Review of Plans and Cost Estimates
Section 7.11 – Prevailing Wages
Section 7.12 – Liability
Section 7.13 – Indemnification by the Public Entity
Section 7.14 – Relationship of the Parties
Section 7.15 – Notices
Section 7.16 – Binding Effect and Assignment or Modification
Section 7.17 – Waiver
Section 7.18 – Entire Agreement
Section 7.19 – Choice of Law and Venue
Section 7.20 – Severability
Section 7.21 – Time of Essence
Section 7.22 – Counterparts
Section 7.23 – Matching Funds
Section 7.24 – Source and Use of Funds
Section 7.25 – Third-Party Beneficiary
Section 7.26 – Public Entity Tasks
Section 7.27 – State Entity and Commissioner
Required Acts and Approvals.
Section 7.28 – Applicability to Real Property and Facility
Section 7.29 – E-Verification
Section 7.30 – Additional Requirements
Attachment I – DECLARATION
Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY
Attachment III – SOURCE AND USE OF FUNDS
Attachment IV – GRANT APPLICATION
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Grant Agreement for Program End Grants
General Obligation Bond Proceeds
Grant Agreement – End Grant
for the
«1»
Project
under the
«2»
Program
THIS AGREEMENT shall be effective as of «3» , «3» , and is between
«4» , a «5» (the “Public Entity”), and the «6»
(the “State Entity”).
RECITALS
A. The State Entity has created and is operating a «2» (the “State
Program”) under the authority granted by Minn. Stat. § «7» and all rules related to such
legislation (the “State Program Enabling Legislation”).
B. Under the State Program, the State Entity is authorized to provide grants that are funded
with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of
the Minnesota Constitution.
C. Under the State Program the recipients of a grant must use such funds to perform those
functions delineated in the State Program Enabling Legislation.
D. The Public Entity submitted, if applicable, a grant application to the State Entity in
which the Public Entity requests a grant from the State Program the proceeds of which will be used
for the purposes delineated in such grant application.
E. The Public Entity has applied to and been selected by the State Entity for a receipt of
a grant from the State Program in an amount of $ «8» (the “Program Grant”), the
proceeds must be used by the Public Entity to perform those functions and activities imposed by
the State Entity under the State Program and, if applicable, delineated in that certain grant
application (the “Grant Application”) attached hereto as Attachment V that the Public Entity
submitted to the State Entity.
F. Under the provisions contained in «9» , the Public Entity has been
given the authority to perform those functions and activities required of it under the State Program
and, if applicable, delineated in Grant Application attached hereto as Attachment V that the Public
Entity submitted to the State Entity.
G. The Public Entity’s receipt and use of the Program Grant to acquire an ownership
interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated
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thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property
and structures to become “state bond financed property”, as such term is used in Minn. Stat. §
16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order
of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property”
executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as
amended (the “Commissioner’s Order”), even though such funds may only be a portion of the
funds being used to acquire such ownership interest and/or improve such real property and
structures and that such funds may be used to only acquire such ownership interest and/or improve
a part of such real property and structures.
H. The Public Entity and the State Entity desire to set forth herein the provisions relating
to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the
operation of the Real Property and, if applicable, Facility.
IN CONSIDERATION of the grant described and other provisions in this Agreement, the
parties to this Agreement agree as follows.
Article I
DEFINITIONS
Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have
the meanings set out respectively after each such term (the meanings to be equally applicable to
both the singular and plural forms of the terms defined), unless the context specifically indicates
otherwise:
“Agreement” - means this General Obligation Bond Proceeds Grant Agreement - End
Grant for the «1» Project under the «2» Program,
as such exists on its original date and any amendments, modifications or restatements thereof.
“Approved Debt” – means public or private debt of the Public Entity that is consented
to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or
will used to acquire an ownership interest in or improve the Real Property and, if applicable,
Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited
to, all debt delineated in Attachment III to this Agreement; provided, however, the
Commissioner of MMB is not bound by any amounts delineated in such attachment unless
he/she has consented, in writing, to such amounts.
“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 MMB” - means the commissioner of Minnesota Management and
Budget, and any designated representatives thereof.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the
Commissioner of Finance Relating to Use and Sale of State Bond Financed Property”
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executed by the Commissioner of Minnesota Management and Budget and dated July 30,
2012, as amended.
“Counterparty” - means any entity with which the Public Entity contracts under a Use
Contract. This definition is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate the Real Property,
and if applicable, Facility. For all other circumstances this definition is not needed and
should be ignored and treated as if it were left blank, and any reference to this term in this
Agreement shall be ignored and treated as if the reference did not exist.
“Declaration” - means a declaration, or declarations, in the form contained in
Attachment I to this Agreement and all amendments thereto, indicating that the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed
property within the meaning of the G.O. Compliance Legislation and is subject to certain
restrictions imposed thereby.
“Event of Default” - means one or more of those events delineated in Section 2.07.
“Facility”, if applicable, - means «10» , which is
located, or will be constructed and located, on the Real Property and all equipment that is a
part thereof that was purchased with the proceeds of the Program Grant.
“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 that assumes
that all liens and encumbrances on the property being sold that negatively affect the value of
such property, will be paid and released, or (ii) the price bid by a purchaser under a public
bid procedure after reasonable public notice, with the proviso that all liens and encumbrances
on the property being sold that negatively affect the value of such property, will be paid and
released at the time of acquisition by the purchaser.
“G.O. Bonds” - means that portion of the state general obligation bonds issued under
the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of
which are used to fund the Program Grant and any bonds issued to refund or replace such
bonds.
“G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended,
modified or replaced from time to time unless such amendment, modification or replacement
imposes an unconstitutional impairment of a contract right.
“Grant Application” – means that certain grant application attached hereto as
Attachment IV that the Public Entity submitted to the State Entity. This definition is only
needed and only applies if the Public Entity submitted a grant application to the State Entity.
If the Public Entity did not submit a grant application to the State Entity, then this definition
is not needed and should be ignored and treated as if it were left blank, and any reference
to this term in this Agreement shall be ignored and treated as if the reference did not exist.
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“Initial Acquisition and Betterment Costs” – means the cost to acquire the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity
does not already possess the required ownership interest, and the costs of betterments of the
Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is
not bound by any specific amount of such alleged costs unless he/she has consented, in
writing, to such amount.
“Leased/Easement Premises” - means the real estate and structures, if any, that are
leased to the Public Entity under a Real Property/Facility Lease or granted to the Public
Entity under an easement. This definition is only needed and only applies if the Public
Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by
way of a leasehold interest under a Real Property/Facility Lease or by way of an easement.
For all other circumstances this definition is not needed and should be ignored and treated
as if it were left blank, and any reference to this term in this Agreement shall be ignored and
treated as if the reference did not exist.
“Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement
Premises. This definition is only needed and only applies if the Public Entity’s ownership
interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold
interest under a Real Property/Facility Lease or by way of an easement. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
“Outstanding Balance of the Program Grant” – means the portion of the Program Grant
that has been disbursed to or on behalf of the Public Entity minus any portion thereof
previously paid back to the Commissioner of MMB.
“Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility that existed concurrent with the Public
Entity’s execution of this Agreement. Such value shall be established by way of an appraisal
or by such other manner as may be acceptable to the State Entity and the Commissioner of
MMB. The parties hereto agree and acknowledge that such value is $ ______________ or
____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any
inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar
amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption
that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should
only be selected and checked when a portion of the funds delineated in Attachment III
attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real
Property and, if applicable, Facility, and in such event the value of such ownership interest
should be shown in Attachment III and not in this definition for Ownership Value).
“Program Grant” - means a grant of monies from the State Entity to the Public Entity
in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount
thereof may be modified under the provisions contained herein.
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“Project” – means the Public Entity’s acquisition, if applicable, of the ownership
interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with
the performance of the activities denoted in Section 2.03. (If the Public Entity is not using
any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02,
then this definition for Project shall not include the acquisition of such ownership interest,
and the value of such ownership interest shall not be included in Attachment III hereto and
instead shall be included in the definition for Ownership Value under this Section.)
“Public Entity” - means the entity identified as the “Public Entity” in the lead-in
paragraph of this Agreement.
“Real Property” - means the real property located in the County of «11» ,
State of Minnesota, legally described in Attachment II to this Agreement.
“Real Property/Facility Lease” - means a long term lease of the Real Property, the
Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is
only needed and only applies if the Public Entity’s ownership interest in the Real Property,
the Facility, if applicable, or both, is a leasehold interest under a lease. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
“State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph
of this Agreement.
“State Program” – means the program delineated in the State Program Enabling
Legislation.
“State Program Enabling Legislation” – means the legislation contained in the
Minnesota statute(s) delineated in Recital A and all rules related to such legislation.
“Subsequent Betterment Costs” – means the costs of betterments of the Real Property
and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part
of the Project, would qualify as a public improvement of a capital nature (as such term in
used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of
which has been established by way of written documentation that is acceptable to and
approved, in writing, by the State Entity and the Commissioner of MMB.
“Use Contract” - means a lease, management contract or other similar contract
between the Public Entity and any other entity that involves or relates to any part of the Real
Property and/or, if applicable, Facility. This definition is only needed and only applies if the
Public Entity enters into an agreement with another party under which such other party will
operate the Real Property, and/or if applicable, Facility. For all other circumstances this
definition is not needed and should be ignored and treated as if it were left blank, and any
reference to this term in this Agreement shall be ignored and treated as if the reference did
not exist.
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“Useful Life of the Real Property and, if applicable, Facility” – means the term set forth
in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no
structure situated thereon or if any structures situated thereon will be removed, and no new
structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the
effective date of this Agreement for Facilities that are situated on the Real Property as of the
date of this Agreement, that will remain on the Real Property, and that will not be bettered,
or (iii) the useful life of the Facility after the completion of the construction or betterments
for Facilities that are to be constructed or bettered.
Article II
GRANT
Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant
to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement.
The Program Grant is not intended to be a loan even though the portion thereof that is disbursed
may need to be returned to the State Entity or the Commissioner of MMB under certain
circumstances.
Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the
Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the
Real Property and, if applicable, Facility must be owned by one or more public entities. Such
ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement.
In order to establish that this public ownership requirement is satisfied, the Public Entity represents
and warrants to the State Entity that it has, or will acquire, the following ownership interests in the
Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all
easements necessary for the operation, maintenance and management of the Real Property and, if
applicable, Facility in the manner specified in Section 2.04:
(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property.
Fee simple ownership of the Real Property.
A Real Property/Facility Lease for the Real Property that complies with the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
________________.)
An easement for the Real Property that complies with the requirements
contained in Section 2.06.
(If the term of the easement is for a term authorized by a Minnesota statute,
rule or session law, then insert the citation: ________________.)
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Ownership Interest in, if applicable, the Facility.
Fee simple ownership of the Facility.
A Real Property/Facility Lease for the Facility that complies with all of the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
________________.)
Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant
solely to reimburse itself for expenditures it has already made, or will make, in the performance
of the following activities, and may not use the Program Grant for any other purpose.
(Check all appropriate boxes.)
Acquisition of fee simple title to the Real Property.
Acquisition of a leasehold interest in the Real Property.
Acquisition of an easement for the Real Property.
Improvement of the Real Property.
Acquisition of fee simple title to the Facility.
Acquisition of a leasehold interest in the Facility.
Construction of the Facility.
Renovation of the Facility.
«12» .
(Describe other or additional purposes.)
Section 2.04 Operation of the Real Property and Facility. The Real Property and, if
applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real
Property and, if applicable, Facility to be used, for those purposes required by the State Program
and in accordance with the information contained in the Grant Application, or for such other
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purposes and uses as the Minnesota legislature may from time to time designate, and for no other
purposes or uses.
The Public Entity may enter into Use Contracts with Counterparties for the operation of all
or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts
must have been approved, in writing, by the Commissioner of MMB and fully comply with all of
the provisions contained in Sections 3.01, 3.02 and 3.03.
The Public Entity must, whether it is operating the Real Property and, if applicable, Facility
or has contracted with a Counterparty under a Use Contract to operate all or any portion of the
Real Property and, if applicable, Facility, annually determine that the Real Property and, if
applicable, Facility is being used for the purpose required by this Agreement, and shall annually
supply a statement, sworn to before a notary public, to such effect to the State Entity and the
Commissioner of MMB.
For those programs, if any, that the Public Entity will directly operate on all or any portion
of the Real Property and, if applicable, 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 along with other funds available for the operation of such program will
be equal to or greater than forecast program expenses for each fiscal year, and will supply to the
State Entity and the Commissioner of MMB certified copies of such resolution and budget.
For those programs, if any, that will be operated on all or any portion of the Real Property
and, if applicable, Facility by a Counterparty 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 Counterparty has demonstrated that it has the ability and a plan to fund such program,
(ii) it will require the Counterparty to provide an initial program budget and annual program
budgets that clearly show that forecast program revenues along with other funds available for the
operation of such program (from all sources) will be equal to or greater than forecast program
expenses for each 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 along
with other funds available for the operation of such program (from all sources) will be equal to or
greater than forecast program expenses for each 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 along with other funds available for the operation of such program
(from all sources) will be equal to or greater than forecast program expenses, and require the
Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program
budget that it believes accurately reflects forecast program revenues and expenses and that shows
that forecast program revenues along with other funds available for the operation of such program
(from all sources) will be equal to or greater than forecast program expenses, it will approve such
budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies
of such resolution and budget.
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Section 2.05 Public Entity Representations and Warranties. The Public Entity further
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, the
Declaration, and all documents referred to herein, and it has taken all actions necessary to its
execution and delivery of such documents.
B. It has legal authority to use the Program Grant for the purpose or purposes
described in the State Program Enabling Legislation.
C. It has legal authority to operate the State Program and the Real Property and, if
applicable, Facility for the purposes required by the State Program and for the functions and
activities proposed in the Grant Application.
D. This Agreement, the Declaration, and all other documents referred to herein are
the legal, valid and binding obligations of the Public Entity enforceable against the Public
Entity in accordance with their respective terms.
E. It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration, and all other documents
referred to herein.
F. It will comply with all of the provisions and requirements contained in and
imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State
Program.
G. It has made no material false statement or misstatement of fact in connection with
its receipt of the Program Grant, and all of the information it has submitted or will submit to
the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement
of any of the Program Grant is and will be true and correct.
H. 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 affecting it relating
to the Real Property and, if applicable, Facility, or its ownership interest therein, 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, the
Declaration, or any document referred to herein, or to perform any of the acts required of it
in such documents.
I. Neither the execution and delivery of this Agreement, the Declaration, or any
document referred to herein nor compliance with any of the terms, conditions, requirements,
or provisions contained in any of such documents is prevented by, is a breach of, or will
result in a breach of, any term, condition, or provision of any agreement or document to
which it is now a party or by which it is bound.
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J. The contemplated use of the Real Property and, if applicable, Facility will not
violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or
any covenant or agreement of record relating thereto.
K. The Project has been or will be completed in full compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political
subdivisions having jurisdiction over the Project.
L. All applicable licenses, permits and bonds required for the performance and
completion of the Project have been, or will be, obtained.
M. All applicable licenses, permits and bonds required for the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or
will be, obtained.
N. It will operate, maintain, and manage the Real Property and, if applicable, Facility
or cause the Real Property and, if applicable, Facility, to be operated, maintained and
managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations
issued by any federal, state, or local political subdivisions having jurisdiction over the Real
Property and, if applicable, Facility.
O. It will fully enforce the terms and conditions contained in any Use Contract.
P. It has complied with the matching funds requirement, if any, contained in Section
7.23.
Q. It will not, without the prior written consent of the State Entity and the
Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or
encumbrance that can be satisfied by the payment of monies and which is not being actively
contested to be created or exist against the Public Entity’s ownership interest in the Real
Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract,
whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance that secures the repayment of a loan the repayment of which will not impair or
burden the funds needed to operate the Real Property and, if applicable, Facility in the
manner specified in Section 2.04, and for which the entire amount is used (i) to acquire
additional real estate that is needed to so operate the Real Property and, if applicable, Facility
in accordance with the requirements imposed under Section 2.04 and will be included in and
as part of the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real
Property and, if applicable, Facility in accordance with the requirements imposed under
Section 2.04.
R. It reasonably expects to possess the ownership interest in the Real Property and,
if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property
and, if applicable, Facility, and it does not expect to sell such ownership interest.
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S. It does not reasonably expect to receive payments under a Use Contract in excess
of the amount the Public Entity needs and is authorized to use to pay the operating expenses
of the portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract or to pay the principal, interest, redemption premiums, and other expenses on any
Approved Debt.
T. It will supply, or cause to be supplied, whatever funds are needed above and
beyond the amount of the Program Grant to complete and fully pay for the Project.
U. It has or will promptly record a fully executed Declaration with the appropriate
governmental office and deliver a copy thereof to the State Entity and to Minnesota
Management and Budget (attention: Capital Projects Manager) that contains all of the
recording information.
V. The Useful Life of the Real Property and, if applicable, Facility is ____ years.
W. It shall furnish such satisfactory evidence regarding the representations and
warranties described herein as may be required and requested by either the State Entity or
the Commissioner of MMB.
Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the
Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by
way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is
not needed and should be ignored and treated as if it were left blank, and any reference to this
Section in this Agreement shall be ignored and treated as if the reference did not exist.
A. A Real Property/Facility Lease or easement must comply with the following
provisions.
1. It must be in form and contents acceptable to the Commissioner of MMB,
and specifically state that it may not be modified, restated, amended, changed in any
way, or prematurely terminated or cancelled without the prior written consent and
authorization by the Commissioner of MMB.
2. It must be for a term that is equal to or greater than 125% of the Useful Life
of the Real Property and, if applicable, Facility, or such other period of time specifically
authorized by a Minnesota statute, rule or session law.
3. Any payments to be made under it by the Public Entity, whether designated
as rent or in any other manner, must be by way of a single lump sum payment that is
due and payable on the date that it is first made and entered into.
4. It must not contain any requirements or obligations of the Public Entity that
if not complied with could result in a termination thereof.
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5. It must contain a provision that provides sufficient authority to allow the
Public Entity to operate the Real Property and, if applicable, Facility in accordance
with the requirements imposed under Section 2.04.
6. It must not contain any provisions that would limit or impair the Public
Entity’s operation of the Real Property and, if applicable, Facility in accordance with
the requirements imposed under Section 2.04.
7. It must contain a provision that prohibits the Lessor/Grantor from creating
or allowing, without the prior written consent of the State Entity and the Commissioner
of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that
can be satisfied by the payment of monies and which is not being actively contested
against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real
Property/Facility Lease or easement, whether such lien or encumbrance is superior or
subordinate to the Declaration. Provided, however, the State Entity and the
Commissioner of MMB will consent to any such lien or encumbrance if the holder of
such lien or encumbrance executes and files of record a document under which such
holder subordinates such lien or encumbrance to the Real Property/Facility Lease or
easement and agrees that upon foreclosure of such lien or encumbrance to be bound by
and comply with all of the terms, conditions and covenants contained in the Real
Property/Facility Lease or easement as if such holder had been an original
Lessor/Grantor under the Real Property/Facility Lease or easement.
8. It must acknowledge the existence of this Agreement and contain a
provision that the terms, conditions and provisions contained in this Agreement shall
control over any inconsistent or contrary terms, conditions and provisions contained in
the Real Property/Facility Lease or easement.
9. It must provide that any use restrictions contained therein only apply as
long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee
under the easement, and that such use restrictions will terminate and not apply to any
successor lessee or grantee who purchases the Public Entity’s ownership interest in the
Real Property/Facility Lease or easement. Provided, however, it may contain a
provisions that limits the construction of any new structures on the Real Property or
modifications of any existing structures on the Real Property without the written
consent of Lessor/Grantor, which will apply to any such successor lessee or grantee.
10. It must allow for a transfer thereof in the event that the lessee under the
Real Property/Lease or grantee under the easement makes the necessary determination
to sell its interest therein, and allow such interest to be transferred to the purchaser of
such interest.
11. It must contain a provision that prohibits and prevents the sale of the
underlying fee interest in the Real Property and, if applicable, Facility without first
obtaining the written consent of the Commissioner of MMB.
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12 The Public Entity must be the lessee under the Real Property/Lease or
grantee under the easement.
B. The provisions contained in this Section are not intended to and shall not prevent
the Public Entity from including additional provisions in the Real Property/Facility Lease or
easement that are not inconsistent with or contrary to the requirements contained in this
Section.
C. The expiration of the term of a Real Property/Facility Lease or easement shall not
be an event that requires the Public Entity to reimburse the State Entity for any portion of the
Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real
Property and, if applicable, Facility shall no longer be subject to this Agreement.
D. The Public Entity shall fully and completely comply with all of the terms,
conditions and provisions contained in a Real Property/Facility Lease or easement, and shall
obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is
applicable, the Real Property/Facility Lease or easement or a short form or memorandum
thereof.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing
by the State Entity and the Commissioner of MMB, constitute an Event of Default under this
Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30
days written notice of such event and the 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 unless otherwise consented to, in writing, by the State Entity and the
Commissioner of MMB.
A. If any representation, covenant, or warranty made by the Public Entity in this
Agreement, in any other document furnished pursuant to this Agreement, or in order to
induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue
or incorrect in any 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 warranty contained in this Agreement, the Declaration, or any other document
referred to herein.
C. If the Public Entity fails to fully comply with any provision, term, condition,
covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s
Order, or the State Program Enabling Legislation.
D. If the Public Entity fails to provide and expend the full amount of the matching
funds, if any, required under Section 7.23 for the Project.
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E. If the Public Entity fails to record the Declaration and deliver copies thereof as
set forth in Section 2.05.U.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall,
unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event
of Default under this Agreement immediately upon either the State Entity or the Commissioner of
MMB giving the Public Entity written notice of such event.
Section 2.08 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 MMB may enforce any or all of the following remedies.
A. The State Entity may refrain from disbursing the Program Grant; provided,
however, the State Entity may make such disbursements after the occurrence of an Event of
Default without thereby waiving its rights and remedies hereunder.
B. If the Event of Default involves a failure to comply with any of the provisions
contained herein other than the provisions contained in Sections 4.01 or 4.02, then the
Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the
Outstanding Balance of the Program Grant be returned to it, and upon such demand the
Public Entity shall return such amount to the Commissioner of MMB.
C. If the Event of Default involves a failure to comply with the provisions contained
in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this
Agreement, may demand that the Public Entity pay the amounts that would have been paid
if there had been full and complete compliance with such provisions, and upon such demand
the Public Entity shall pay such amount to the Commissioner of MMB.
D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary
of this Agreement, may enforce any additional remedies they may have in law 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 MMB would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or
under any other provision contained in this Agreement within 30 days of demand by the
Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30
days of entry of judgment against the Public Entity and in favor of the State Entity and/or the
Commissioner of MMB, 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 2.09 Notification of Event of Default. The Public Entity shall furnish to the
State Entity and the Commissioner of MMB, 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
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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.
Section 2.10 Survival of Event of Default. This Agreement shall survive any and all
Events of Default and remain in full force and effect even upon the payment of any amounts due
under this Agreement, and shall only terminate in accordance with the provisions contained in
Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11.
Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier
terminated in accordance with any of the provisions contained herein, remain in full force and
effect for the time period starting on the effective date hereof and ending on the date that
corresponds to the date established by adding a time period equal to 125% of Useful Life of the
Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable,
Facility is first used for the operation of the State Program after such effective date. If there are
no uncured Events of Default as of such date this Agreement shall terminate and no longer be of
any force or effect, and the Commissioner of MMB shall execute whatever documents are needed
to release the Real Property and, if applicable, Facility from the effect of this Agreement and the
Declaration.
Section 2.12 Modification and/or Early Termination of Grant. If the full amount of
the Program Grant has not been disbursed on or before the date that is 5 years from the effective
date of this Agreement, 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 Program Grant shall terminate. In such
event, (i) if none of the Program Grant has been disbursed by such date then the State Entity’s
obligation to fund any portion of the Program Grant shall terminate and this Agreement shall
terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant
has been disbursed by such date then the State Entity shall have no further obligation to provide
any additional funding for the Program Grant and this Agreement shall remain in full force and
effect but shall be modified and amended to reflect the amount of the Program Grant that was
actually disbursed as of such date.
This Agreement shall also terminate and no longer be of any force or effect upon the Public
Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance
with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of
such sale to the Commissioner of MMB in compliance with the provisions contained in Section
4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if
applicable, Facility if such ownership interest is by way of an easement or under a
Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have
executed, and deliver to the Public Entity such documents as are required to release the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this
Agreement and the Declaration.
Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching
funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in
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the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced
by the amount not needed.
Article III
USE CONTRACTS
This Article III and its contents is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate any portion of the Real
Property, and if applicable, Facility. For all other circumstances this Article III and its contents
are not needed and should be ignored and treated as if it were left blank, and any reference to this
Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated
as if the references did not exist.
Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into
a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and,
if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into
must comply with the following requirements:
A. The purpose for which it was entered into must be to operate the State Program
in the Real Property and, if applicable, Facility.
B. It must contain a provision setting forth the statutory authority under which the
Public Entity is entering into such contract, and must comply with the substantive and
procedural provisions of such statute.
C. It must contain a provision stating that it is being entered into in order for the
Counterparty to operate the State Program and must describe such program.
D. 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 Counterparty
to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year
that the Counterparty will operate the State Program, (ii) program budgets for each
succeeding fiscal year showing that forecast program revenues and additional revenues
available for the operation of the State Program (from all sources) by the Counterparty will
equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a
mechanism under which the Public Entity will annually determine that the Counterparty is
using the portion of the Real Property and, if applicable, Facility that is the subject of the
Use Contract to operate the State Program.
E. It must allow for termination by the Public Entity in the event of a default
thereunder by the Counterparty, or in the event that the State Program is terminated or
changed in a manner that precludes the operation of such program in the portion of the Real
Property and, if applicable, Facility that is the subject of the Use Contract.
F. It must terminate upon the termination of the statutory authority under which the
Public Entity is operating the State Program.
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G. It must require the Counterparty to pay all costs of operation and maintenance of
that portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay
such costs.
H. If the Public Entity pays monies to a Counterparty under a Use Contract, such
Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such
Use Contract does not result in “private business use” under Section 141(b) of the Code.
I. It must be approved, in writing, by the Commissioner of MMB, and any Use
Contract that is not approved, in writing, by the Commissioner of MMB shall be null and
void and of no force or effect.
J. It must contain a provision requiring that each and every party thereto shall, upon
direction by the Commissioner of MMB, take such actions and furnish such documents to
the Commissioner of MMB as the Commissioner of MMB determines to be necessary to
ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation.
K. It must contain a provision that prohibits the Counterparty from creating or
allowing, without the prior written consent of the State Entity and the Commissioner of
MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be
satisfied by the payment of monies and which is not being actively contested against the Real
Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property
or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such
lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the
State Entity and the Commissioner of MMB will consent, in writing, to any such lien or
encumbrance that secures the repayment of a loan the repayment of which will not impair or
burden the funds needed to operate the portion of the Real Property and, if applicable,
Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and
for which the entire amount is used (i) to acquire additional real estate that is needed to so
operate the Real Property and, if applicable, Facility in accordance with the requirements
imposed under Section 2.04 and will be included in and as part of the Public Entity’s
ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for
capital improvements that are needed to so operate the Real Property and, if applicable,
Facility in accordance with the requirements imposed under Section 2.04.
L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a
provision requiring the Counterparty to list any vacant or new positions it may have with
state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified
or replaced from time to time, for the term of the Use Contract.
M. It must contain a provision that clearly states that the Public Entity is not required
to renew the Use Contract beyond the original term thereof and that the Public Entity may,
at its sole option and discretion, allow the Use Contract to expire at the end of its original
term and thereafter directly operate the governmental program in the Real Property and, if
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applicable, Facility or contract with some other entity to operate the governmental program
in the Real Property and, if applicable, Facility.
Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not
exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for
the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract,
or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if
applicable, Facility.
A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the
term of any renewal may not exceed the initial term, (b) the Public Entity must make a
determination that renewal will continue to carry out the State Program and that the Counterparty
is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the
Use Contract may not include any provisions that would require, either directly or indirectly, the
Public Entity to either make the determination referred to in this Section or to renew the Use
Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d)
no such renewal may occur prior to the date that is 6 months prior to the date on which the Use
Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary
contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any
investment that the Counterparty provided for the acquisition or betterment of the Real Property
and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew
a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or
indirectly requires the Public Entity to renew such Use Contract.
Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not
contain, at the sole option and discretion of the Public Entity, a provision that requires the Public
Entity to reimburse the Counterparty for any investment that the Counterparty provided for the
acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the
Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty.
If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to
by the Public Entity and the Counterparty.
Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not
anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity
does receive any monies under a Use Contract in excess of the amount the Public Entity needs and
is authorized to use to pay the operating expenses of the portion of the Real Property and, if
applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest,
redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies
must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess
monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined
by the Commissioner of MMB, and absent circumstances which would indicate otherwise such
portion shall be determined by multiplying such excess monies by a fraction the numerator of
which is the Program Grant and the denominator of which is sum of the Program Grant and the
Approved Debt.
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Article IV
SALE
Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the
Real Property and, if applicable, Facility unless all of the following provisions have been complied
with fully.
A. The Public Entity determines, by official action, that such ownership interest is
no longer usable or needed for the operation of the State Program, which such determination
may be based on a determination that the portion of the Real Property or, if applicable,
Facility to which such ownership interest applies is no longer suitable or financially feasible
for such purpose.
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 MMB has been obtained.
The acquisition of the Public Entity’s ownership interest in the Real Property and, if
applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, 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 ownership interest
in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale
for the purposes of this Agreement if after such acquisition the lender operates such portion
of the Real Property and, if applicable, Facility in a manner which is not inconsistent with
the requirements imposed under Section 2.04 and the lender 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, 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 4.02.
The Public Entity may participate in any public auction of its ownership interest in the Real
Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if
it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility
for the State Program.
Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest
in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs
directly associated and incurred in conjunction with such sale and such other costs that are
approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt
associated with the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility, shall be disbursed in the following manner and order.
A. The first distribution shall be to the Commissioner of MMB in an amount equal
to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds
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shall be less than the amount of the Outstanding Balance of the Program Grant then all of
such net proceeds shall be distributed to the Commissioner of MMB.
B. The remaining portion, after the distribution specified in Section 4.02.A, shall be
distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity
for its Ownership Value, and (iii) to pay interested public and private entities, other than any
such entity that has already received the full amount of its contribution (such as the State
Entity under Section 4.02.A and the holders of Approved Debt paid under this Section
4.02.B), the amount of money that such entity contributed to the Initial Acquisition and
Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not
sufficient to reimburse interested public and private entities for the full amount that such
entities contributed to the acquisition or betterment of the Real Property and, if applicable,
Facility, then the amount available shall be distributed as such entities may agree in writing,
and if such entities cannot agree by an appropriately issued court order.
C. The remaining portion, after the distributions specified in Sections 4.02.A and B,
shall be divided and distributed to the State Entity, the Public Entity, and any other public
and private entity that contributed funds to the Initial Acquisition and Betterment Costs and
the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in
proportion to the contributions that the State Entity, the Public Entity, and such other public
and private entities made to the acquisition and betterment of the Real Property and, if
applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and
Betterment Costs, and Subsequent Betterment Costs.
The distribution to the State Entity shall be made to the Commissioner of MMB, and the
Public Entity may direct its distribution to be made to any other entity including, but not limited
to, a Counterparty.
All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the
Commissioner of MMB, and no such disbursements shall be made without such consent.
The Public Entity shall not be required to pay or reimburse the State Entity or the
Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even
if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant.
Article V
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER’S ORDER
Section 5.01 State Bond Financed Property. The Public Entity and the State Entity
acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if
applicable, Facility is, or when acquired by the Public Entity 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 apply, or will apply, to the Public
Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts
relating thereto.
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Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt
status of the G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or, if applicable, Facility, or use or invest the
Program 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 Program Grant that it receives under this
Agreement in a segregated non-interest bearing account until such funds are used for
payments for the Project in accordance with the provisions contained herein.
C. It will, upon written request, provide the Commissioner of MMB all information
required to satisfy the informational requirements set forth in the Code including, but not
limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity or any
Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and
upon direction from the Commissioner of MMB, take such actions and furnish such
documents as the Commissioner of MMB 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 with 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 Procedure 97-13, as amended
by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the
Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds
will be used, directly or indirectly, in an “unrelated trade or business” or for any “private
business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv)
compliance with other Code provisions, regulations, or revenue procedures which amend or
supersede the foregoing.
E. It will not otherwise use any of the Program 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 omit to take
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.
Section 5.03 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 that reduces any requirement imposed against the Public Entity, or if the Public Entity’s
ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O.
Compliance Legislation and the Commissioner’s Order, then upon written request by the Public
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Entity the State Entity shall enter into and execute an amendment to this Agreement to implement
herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property
and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order.
Article VI
DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions
delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity
in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in
excess of the amount requested by the Public Entity under the provisions contained in Section
6.02.A even if the amount requested is less than the amount of the Program Grant delineated in
Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the
Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the
State Entity and the Public Entity shall enter into and execute whatever documents the State Entity
may request in order to amend or modify this Agreement to reduce the amount of the Program
Grant to the amount actually disbursed. Provided, however, in accordance with the provisions
contained in Section 2.11, the State Entity’s obligation to disburse any of the Program Grant shall
terminate as of the date specified in such Section even if the entire Program Grant has not been
disbursed by such date.
The Program Grant shall only be for expenses that (i) are for those items of a capital nature
for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated
the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in
writing, by the State Entity and the Commissioner of MMB.
Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the
State Entity to disburse the Program Grant to the Public Entity is subject to the following
conditions precedent:
A. The State Entity shall have received a request for disbursement of the Program
Grant specifying the amount of funds being requested, which such amount shall not exceed
the amount of the Program Grant delineated in Section 1.01.
B. The State Entity shall have received a duly executed Declaration that has been
duly recorded in the appropriate governmental office, with all of the recording information
displayed thereon.
C. 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 all actions
necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the
Declaration are binding on and enforceable against the Public Entity.
D. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has fully and completely paid for the Project and
all other expenses that may occur in conjunction therewith.
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E. 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 7.23 and that all of such matching funds, if any,
have been expended for the Project.
F. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, showing that the Public Entity possesses the ownership interest delineated
in Section 2.02.
G. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Real Property and, if applicable, Facility and the contemplated
use thereof are permitted by and will comply with all applicable use or other restrictions and
requirements imposed by applicable zoning ordinances or regulations, and, if required by
law, have been duly approved by the applicable municipal or governmental authorities
having jurisdiction thereover.
H. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required building permits, other permits, bonds
and licenses necessary for the Project have been paid for, issued, and obtained, other than
those permits, bonds and licenses which may not lawfully be obtained until a future date or
those permits, bonds and licenses which in the ordinary course of business would normally
not be obtained until a later date.
I. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required permits, bonds and licenses necessary
for the operation of the Real Property and, if applicable, Facility in the manner specified in
Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and
licenses which may not lawfully be obtained until a future date or those permits, bonds and
licenses which in the ordinary course of business would normally not be obtained until a
later date.
J. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Project was completed in a manner that will allow the Real
Property and, if applicable, Facility to be operated in the manner specified in Section 2.04,
which requirement may be satisfied by a certificate of occupancy or such other equivalent
document from the municipality in which the Real Property is located.
K. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has the ability and a plan to fund the operation of
the Real Property and, if applicable, Facility in the manner specified in Section 2.04.
L. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the insurance requirements under Section 7.01 have been satisfied.
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M. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, of compliance with the provisions and requirements specified in Section
7.10 and all additional applicable provisions and requirements, if any, contained in Minn.
Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such
evidence shall include, but not be limited to, evidence that: (i) the predesign package referred
to in Section 7.10.B has, if required, been reviewed by and received a favorable
recommendation from the Commissioner of Administration for the State of Minnesota, (ii)
the program plan and cost estimates referred to in Section 7.10.C have, if required, received
a recommendation by the Chairs of the Minnesota State Senate Finance Committee and
Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and
Ranking Minority Member of the Minnesota House of Representatives Capital Investment
Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital
Investment Committee have, if required, been notified pursuant to Section 7.10.G.
N. 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 grace or time
elapse shall have occurred and be continuing.
O. The Public Entity has supplied to the State Entity all other items that the State
Entity may reasonably require.
Article VII
MISCELLANEOUS
Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership
interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full
insurable value thereof (i) by self insuring under a program of self insurance legally adopted,
maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance
and fire and extended coverage insurance with a deductible in an amount acceptable to the State
Entity under which the State Entity and the Public Entity are named as loss payees. If damages
which are covered by such required insurance occur, then the Public Entity shall, at its sole option
and discretion, either: (y) 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 (z) sell its ownership interest in the damaged Facility
and portion of the Real Property associated therewith in accordance with the provisions contained
in Section 4.01.
If the Public Entity elects to only partially repair such damage, then the portion of the
insurance proceeds not used for such repair shall be applied in accordance with the provisions
contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and
Facility had been sold, and such amounts shall be credited against the amounts due and owing
under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real
Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged
Facility and portion of the Real Property associated therewith, 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
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contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time
period from the date they are received by the Public Entity.
The State Entity agrees to and 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
imposes thereon as to the use of such insurance proceeds.
If the Public Entity elects to maintain general comprehensive liability insurance regarding
the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity
named as an additional named insured therein.
The Public Entity may require a Counterparty to provide and maintain any or all of the
insurance required under this Section; provided that the Public Entity continues to be responsible
for the providing of such insurance in the event that the Counterparty fails to provide or maintain
such insurance.
At the written request of either the State Entity or the Commissioner of MMB, the Public
Entity shall promptly furnish to the requesting entity all written notices and all paid premium
receipts received by the Public Entity regarding the required insurance, or certificates of insurance
evidencing the existence of such required insurance.
If the Public Entity fails to provide and maintain the insurance required under this Section,
then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an
equivalent nature, and any funds expended by the State Entity to obtain or maintain such insurance
shall be due and payable on demand by the State Entity and bear interest from the date of
advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed
by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained
herein, including but not limited to this Section, shall require the State Entity to obtain or maintain
such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not
lessen the Public Entity’s duty to obtain and maintain such insurance.
Section 7.02 Condemnation. If after the Public Entity has acquired the ownership
interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility
is condemned to an extent that the Public Entity can no longer comply with the provisions
contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i)
use or cause the condemnation proceeds to be used to acquire an interest in additional real property
needed for the Public Entity to continue to comply with the provisions contained in Section 2.04
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 ownership interest in the Real Property and, if applicable, Facility in accordance with the
provisions contained in Section 4.01. Any condemnation proceeds which 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 4.02 as if the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be
credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public
Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public
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Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable,
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 4.02, 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 that this Section
imposes upon the Public Entity as to the use of such condemnation awards or proceeds.
Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i)
keep the Real Property and, if applicable, Facility, in good condition and repair, subject to
reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike
manner any building or other improvement which may be constructed on the Real Property and
promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
or destroyed thereon and pay when due all claims for labor performed and materials furnished
therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part
thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting
grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v)
comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership
interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with
the provisions of any easement if its ownership interest in the Real Property and, if applicable,
Facility is by way of such easement, and (vii) comply with the provisions of any condominium
documents and any applicable reciprocal easement or operating agreements if the Real Property
and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement
or use contract.
The Public Entity shall not, without the written consent of the State Entity and the
Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable,
Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish
or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as
may be required by laws, ordinances or regulations or such other alterations as may improve such
Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to
be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly
impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real
Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real
Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real
Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless
the same are immediately replaced with like property of at least equal value and utility, or (g)
commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility,
in violation of any law, ordinance or regulation.
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If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
accordance with the provisions contained in this Section, then the State Entity may perform
whatever acts and expend whatever funds that are necessary to so maintain the Real Property and,
if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity
to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds
expended by the State Entity hereunder shall be at its sole option and discretion, and nothing
contained herein, including but not limited to this Section, shall require the State Entity to take any
action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or
liable to the Public Entity or any other entity for any such acts that are undertaken and performed
in good faith and not in a negligent manner. Any funds expended by the State Entity to perform
such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be
due and payable on demand by the State Entity and bear interest from the date of advancement by
the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18%
per annum based upon a 365 day year.
Section 7.04 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 Project and operation of the Real Property and, if applicable, Facility needed
to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation,
the Commissioner’s Order, and the State Program Enabling Legislation, 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 such items. The Public Entity shall use or
cause the entity which is maintaining such items to use generally accepted accounting principles
in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that
relate to the Project for a period of 6 years from the date that the Project is fully completed and
placed into operation, and (ii) all of such items that relate to the operation of the Real Property
and, if applicable, Facility for a period of 6 years from the date such operation is initiated.
Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity
and without interfering with the normal use of the Real Property and, if applicable, Facility, 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, Facility to allow the State
Entity to inspect the Real Property and, if applicable, Facility.
Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
applicable, 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 that
exists as of the date of this Agreement and as such may subsequently be amended, modified or
replaced from time to time.
Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in
discriminatory employment practices regarding the Project, or operation or management of the
Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply
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with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist
as of the date of this Agreement and as such may subsequently be amended, modified or replaced
from time to time.
Section 7.08 Worker’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 and
176.182, as they may be amended, modified or replaced from time to time, with respect to the
Project and the operation or management of the Real Property and, if applicable, Facility.
Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and
the Commissioner of MMB all claims it may have for overcharges as to goods or services provided
with respect to the Project, and operation or management of the Real Property and, if applicable,
Facility that arise under the antitrust laws of the State of Minnesota or of the United States of
America.
Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply
with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it
may be amended, modified or replaced from time to time, for the Project, and in accordance
therewith the Public Entity agrees to comply with the following provisions and requirements if
such provisions and requirements are applicable.
A. The Public Entity shall provide all information that the State Entity may request
in order for the State Entity to determine that the Project will comply with the provisions and
requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced
from time to time.
B. Prior to its proceeding with design activities for the Project the Public Entity shall
prepare a predesign package and submit it to the Commissioner of Administration for the
State of Minnesota for review and comment. The predesign package must be sufficient to
define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate
that the Project has been analyzed according to appropriate space and needs standards. Any
substantial changes to such predesign package must be submitted to the Commissioner of
Administration for the State of Minnesota for review and comment.
C. If the Project includes the construction of a new building, substantial addition to
an existing building, a substantial change to the interior configuration of an existing building,
or the acquisition of an interest in land, then the Public Entity shall not prepare final plans
and specifications until it has prepared a program plan and cost estimates for all elements
necessary to complete the Project and presented them to the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and the chairs have made their recommendations, and it has notified the Chair
and Ranking Minority Member of the Minnesota House of Representatives Capital
Investment Committee and the Chair and Ranking Minority Member of the Minnesota State
Senate Capital Investment Committee. The program plan and cost estimates must note any
significant changes in the work to be performed on the Project, or in its costs, which have
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arisen since the appropriation from the legislature for the Project was enacted or which differ
from any previous predesign submittal.
D. The Public Entity must notify the Chairs and Ranking Minority Members of the
Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees of any
significant changes to the program plan and cost estimates referred to in Section 7.10.C.
E. The program plan and cost estimates referred to in Section 7.10.C must ensure
that the Project will comply with all applicable energy conservation standards contained in
law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or
replaced from time to time, and all rules adopted thereunder.
F. If any of the Program Grant is to be used for the construction or remodeling of
the Facility, then both the predesign package referred to in Section 7.10.B and the program
plan and cost estimates referred to in Section 7.10.C must include provisions for cost-
effective information technology investments that will enable the occupant of the Facility to
reduce its need for office space, provide more of its services electronically, and decentralize
its operations.
G. If the Project does not involve the construction of a new building, substantial
addition to an existing building, substantial change to the interior configuration of an existing
building, or the acquisition of an interest in land, then prior to beginning work on the Project
the Public Entity shall just notify the Chairs and Ranking Minority Members of the
Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees that the work
to be performed is ready to begin.
H. The Project must be: (i) substantially completed in accordance with the program
plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed
within the budgets contained in the cost estimates referred to in Section 7.10.C.
Provided, however, the provisions and requirements contained in this Section only apply to
public lands or buildings or other public improvements of a capital nature, and shall not apply to
the demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride
facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or
heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater
retention systems, water access sites, harbors, sewer separation projects, water and wastewater
facilities, port development projects for which the Commissioner of Transportation for the State
of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be
amended, modified or replaced from time to time, ice centers, local government projects with a
construction cost of less than $1,500,000.00, or any other capital project with a construction cost
of less than $750,000.00.
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Section 7.11 Prevailing Wages. The Public Entity 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. §§ 177.41 through 177.435, as they may be amended, modified
or replaced from time to time with respect to the Project and the operation of the State Program on
or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity
is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of
the State Program on or in the Real Property and, if applicable, Facility.
Section 7.12 Liability. 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 the State Entity and the Commissioner of MMB is governed
by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced
from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of
the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently
be amended, modified or replaced from time to time, then the liability of the Public Entity,
including but not limited to the indemnification provided under Section 7.13, is governed by the
provisions contained in such Chapter 466.
Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss,
expense (including attorneys’ fees), and damage in connection with the Project and operation of
the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State
Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
employees from all claims, demands and judgments made or recovered against the State Entity,
the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees,
because of bodily injuries, including death at any time resulting therefrom, or because of damages
to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others
(including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection
with the Project or operation of the Real Property and, if applicable, 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 (excluding, however, negligence or breach of statutory duty) of the State Entity, the
Commissioner of MMB, or the State of Minnesota, their employees, servants or agents.
The Public Entity further agrees to indemnify, save, and hold the State Entity, the
Commissioner of MMB, 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 Counterparty, 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 7.06.
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.
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Section 7.14 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
MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or
employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the
performance of this Agreement, the Project, or operation of the Real Property and, if applicable,
Facility.
The Public Entity represents that it has already or will secure or cause to be secured all
personnel required for the performance of this Agreement and the Project, and the operation and
maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
or other persons while engaging in the performance of this Agreement, the Project, or the operation
and maintenance of the Real Property and, if applicable, Facility shall not have any contractual
relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall
not be considered employees of any of such entities. In addition, all claims that may arise on
behalf of said personnel or other persons 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 Public Entity, its officers, agents, contractors, or employees shall in no
way be the responsibility of the State Entity, the Commissioner of MMB, 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 the State Entity, the Commissioner of MMB, 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.
Section 7.15 Notices. In addition to any notice required under applicable law 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 written
notice to the other:
To the Public Entity at:
«13»
«13»
«13» , MN «13»
Attention: «13»
To the State Entity at:
«14»
«14»
«14» , MN «14»
Attention: «14»
To the Commissioner of MMB at:
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Minnesota Department of Management and Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the
Declaration 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 or the Declaration
without the prior written consent of the other party. No change or modification of the terms or
provisions of this Agreement or the Declaration 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 or against which such change or modification is to be imposed.
Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the
Commissioner of MMB, 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 MMB, 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 the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary
of this Agreement, in exercising any right or remedy hereunder shall 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 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if
any, 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 7.19 Choice of Law and Venue. All matters relating to the validity, construction,
performance, or enforcement of this Agreement or the Declaration shall be determined 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 7.20 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 7.21 Time of Essence. Time is of the essence with respect to all of the matters
contained in this Agreement.
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Section 7.22 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 7.23 Matching Funds. The Public Entity must obtain and supply the following
matching funds, if any, for the Project:
(If there are no matching funds requirements then insert the word “NONE”.)
«15»
Any matching funds which are intended to meet the above requirements must either be 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 pay for the Project. The Public
Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of
MMB may request to substantiate the availability and source of any matching funds, and the source
and terms relating to all matching funds must be consented to, in writing, by the Commissioner of
MMB.
Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity
and the Commissioner of MMB that Attachment III is intended to be and is a source and use of
funds statement showing the total cost of the Project and all of the funds that are available for the
completion of the Project, and that the information contained in such Attachment III correctly
and accurately delineates the following information.
A. The total cost of the Project detailing all of the major elements that make up such
total cost and how much of such total cost is attributed to each such major element.
B. The source of all funds needed to complete the Project broken down among the
following categories:
(i) State funds including the Program Grant, identifying the source and amount
of such funds.
(ii) Matching funds, identifying the source and amount of such funds.
(iii) Other funds supplied by the Public Entity, identifying the source and
amount of such funds.
(iv) Loans, identifying each such loan, the entity providing the loan, the amount
of each such loan, the terms and conditions of each such loan, and all
collateral pledged for repayment of each such loan.
(v) Other funds, identifying the source and amount of such funds.
Generic GO Bond Proceeds 34 Ver – 10/26/20
Grant Agreement for Program End Grants
C. Such other financial information that is needed to correctly reflect the total funds
available for the completion of the Project, the source of such funds and the expected use of
such funds.
Previously paid project expenses that are to be reimbursed and paid from proceeds of the
Program Grant may only be included as a source of funds and included in Attachment III if such
items have been approved, in writing, by the Commissioner of MMB.
If any of the funds included under the source of funds have conditions precedent to the release
of such funds, then the Public Entity must provide to the State Entity and the Commissioner of
MMB a detailed description of such conditions and what is being done to satisfy such conditions.
The Public Entity shall also supply whatever other information and documentation that the
State Entity or the Commissioner of MMB may request to support or explain any of the information
contained in Attachment III.
The value of the Public Entity’s ownership interest in the Real Property and, if applicable,
Facility should only be shown in Attachment III if such ownership interest is being acquired and
paid for with funds shown in such Attachment III, and for all other circumstances such value
should be shown in the definition for Ownership Value in Section 1.01 and not included in such
Attachment III.
The funds shown in Attachment III and to be supplied for the Project may, subject to any
limitations contained in the State Program Enabling Legislation, be provided by either the Public
Entity or a Counterparty under a Use Contract.
Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the
State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its
Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the
Public Entity may be performed by such other entity as the Public Entity may select or designate,
provided that the failure of such other entity to perform said tasks shall be deemed to be a failure
to perform by the Public Entity.
Section 7.27 State Entity and Commissioner Required Acts and Approvals. The State
Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized
by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to
perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required
of it herein.
Section 7.28 Applicability to Real Property and Facility. This Agreement applies to
the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility.
The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that
Generic GO Bond Proceeds 35 Ver – 10/26/20
Grant Agreement for Program End Grants
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 ownership interest in the Real Property.
Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware
of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to
confirm that such employees are legally entitled to work in the United States, and that it will, if
and when applicable, fully comply with such statute and impose a similar requirement in any Use
Contract to which it is a party.
Section 7.30 Additional Requirements. The Public Entity and the State Entity agree to
comply with the following additional requirements. In the event of any conflict or inconsistency
between the following additional requirements and any other provisions or requirement contained
in this Agreement, the following additional requirements contained in this Section shall control.
(If there are no additional requirements then insert the word “NONE”.)
American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires
public entities receiving an appropriation of public money for a project in that act to ensure those
facilities are built with American-made steel, to the extent practicable. The Public Entity shall
comply with this requirement, and shall furnish any documentation pursuant thereto reasonably
requested by the State Entity.
«16»
[THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
Generic GO Bond Proceeds 36 Ver – 10/26/20
Grant Agreement for Program End Grants
IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this
General Obligation Bond Proceeds Grant Agreement End Grant for the ___ ______«1»_________
Project under the ______«2»_________ Program on the day and date indicated immediately below
their respective signatures.
PUBLIC ENTITY:
«4» ,
a «5»
By:
«17»
Its: «18»
Dated: __________________, _____
And:
«19»
Its: «20»
Dated: __________________, _____
STATE ENTITY:
«5» ,
By:
«21»
Its: «22»
Dated: __________________, _____
Generic GO Bond Proceeds 37 Ver – 10/26/20
Grant Agreement for Program End Grants
Attachment I to Grant Agreement
State of Minnesota
General Obligation Bond Financed
DECLARATION
The undersigned has the following interest in the real property located in the County of
____________, State of Minnesota that is legally described in Exhibit A attached and all facilities
situated thereon (collectively, the “Restricted Property”):
(Check the appropriate box.)
a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the
Restricted Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat. §
16A.695, is subject to the encumbrance created and requirements imposed by such
statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without
the approval of the Commissioner of Minnesota Management and Budget, which
approval must be evidenced by a written statement signed by said commissioner and
attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise
dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in that certain [Insert title of the general obligation grant
agreement]_ between _______________ and ______________, dated _________,
____.
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted
Property is sold with the written approval of the Commissioner of Minnesota Management and
Budget, at which time it shall be released therefrom by way of a written release in recordable form
signed by both the Commissioner of [Insert the name of the State Entity that provided the grant]
and the Commissioner of Minnesota Management and Budget, and such written release is recorded
in the real estate records relating to the Restricted Property. This Declaration may not be
terminated, amended, or in any way modified without the specific written consent of the
Commissioner of Minnesota Management and Budget.
(SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT
WAS DRAFTED BY.)
Generic GO Bond Proceeds 38 Ver – 10/26/20
Grant Agreement for Program End Grants
Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
Generic GO Bond Proceeds 39 Ver – 10/26/20
Grant Agreement for Program End Grants
Attachment II to Grant Agreement
LEGAL DESCRIPTION OF REAL PROPERTY
«23»
Generic GO Bond Proceeds 40 Ver – 10/26/20
Grant Agreement for Program End Grants
Attachment III to Grant Agreement
SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of Funds Use of Funds
Identify Source of Funds Amount Identify Items Amount
State G.O. Funds Ownership Acquisition
Program Grant $_________ and Other Items Paid for
with Program Grant Funds
Other State Funds Purchase of Ownership $_________
_______________ $_________ Interest
_______________ $_________ Other Items of a Capital
_______________ $_________ Nature
Subtotal $_________ ________________ $_________
________________ $_________
Matching Funds ________________ $_________
_______________ $_________ Subtotal $_________
_______________ $_________
Subtotal $_________ Items Paid for with
Non-Program Grant Funds
Other Public Entity Funds ________________ $_________
_______________ $_________ ________________ $_________
_______________ $_________ ________________ $_________
Subtotal Subtotal $_________
Loans
_______________ $_________
_______________ $_________
Subtotal $_________
Other Funds
_______________ $_________
_______________ $_________
Subtotal $_________ -
Prepaid Project Expenses
_______________ $_________
_______________ $_________
Subtotal $_________
TOTAL FUNDS $_________ TOTAL PROJECT COSTS $_________
Generic GO Bond Proceeds 41 Ver – 10/26/20
Grant Agreement for Program End Grants
Attachment IV to Grant Agreement
GRANT APPLICATION
«24»
DATE:
TO:
FROM:
SUBJECT:
April 29, 2021
Andy Brotzler, Public Works Director/City Engineer
Prior Lake
17073 Adelmann St. SE
Prior Lake, MN 55372
Matt Gsellmeier, MCES I/I Grant Administrator
2020 I/I Grant Program Letter of Intent
Thank you for applying to the 2020 State Bond Funded Municipal Inflow and Infiltration (I/I) Grant Program. This
non-binding letter of intent confirms receipt of your city’s application and approval to participate per the Metropolitan
Council’s approved program design and guidelines.
The program design and guideline details, along with the draft agreement that must be entered with the Metropolitan
Council, can be found at the following link under Inflow/Infiltration Grant Programs:
https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Preliminary Non-binding Grant Estimates
Estimated Based on
Preliminary Minimum Allocation (PMA)
Final Reimbursement Amount (FRA)
Preliminary project description and projected cost estimates in city’s
application
City’s application, the amount available for funding, and prior year’s
reimbursement percentages
Please be advised that these are preliminary non-binding estimates and that each participant’s final FRA depends
upon the actual and eligible project work submitted per approved guidelines. PMA and FRA will be calculated
simultaneously for all participants upon receipt of documentation verifying a project costs. Should a city not complete
a project with I/I eligible work, or complete with insufficient eligible work, PMA and FRA will be adjusted accordingly.
Contingent upon availability of funding, cities may be eligible for additional funding should they complete a project(s)
with more I/I eligible work than described in their application.
Important Dates
MCES sends Letter of Intent to program participants
Cities provide descriptions and pay claims for completed projects
MCES makes FRA determination, distributes grant agreements
MCES will process reimbursement upon receipt of signed agreement and commits to sending semi-annual grant
notices to all participants throughout the program. These notices will serve as both reminders of participation and
solicitations for changes in participant contact, projects, or other relevant information.
$50,000
$84,986
April 30, 2021
March 31, 2023
May 1, 2023
Grant Amount
Documentation submitted to MCES at project completion to verify eligibility and calculate both PMA and FRA must
include the following:
• Completion and submission of MCES provided cost verification form
• A city resolution authorizing participation in the grant program
• Certification (notarized) confirming ownership or easements for locations where work was completed
• Invoices substantiating cost of work completed.
• Description of work, along with description or map of locations
This letter is a commitment to enter into a legally binding grant agreement upon verification that grant program
guidelines and requirements have been met. It is not a legally binding document that confirms funding.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
Please direct your questions or concerns to:
Ned Smith, MCES, Director of Pretreatment and Finance
Leisa Thompson, MCES General Manager
Matt Gsellmeier, MCES I/I Grant Administrator
390 Robert Street North
St. Paul, MN 55101
17633670264
matthew.gsellmeier@metc.state.mn.us
Generic GO Bond Proceeds Ver – 10/26/20
Grant Agreement for Program End Grants
Attachment I-A
State of Minnesota
General Obligation Bond Financed
CERTIFICATION
The undersigned hereby certifies as follows:
This Certification is being submitted pursuant to the Waiver of Real Property Declaration
granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly
Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within
public road, street and highway rights-of-way and utility easements.
City of Prior Lake certifies that City of Prior Lake has read and will comply with the terms
and conditions of the Waiver of Real Property Declaration, a copy of which is attached to this
Certification and further, that the Governmental Program which is the subject of and described in
the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement
[No.________] between City of Prior Lake and Metropolitan Council qualifies for the Waiver of
Real Property Declaration attached hereto. [Attach copy of Waiver to this Certification. The
Waiver to Metropolitan Council is Attachment V to the Grant Agreement.]
The undersigned owns fee title to property and/or permanent easement and/or other
easement which meets the requirements of this Agreement for wastewater collection purposes
and/or permit for pipe in City of Prior Lake public right of way which meets the requirements of
this Agreement for wastewater collection purposes and a wastewater collection system within the
fee title, permanent easement, and/or the other easement and wastewater collection system being
located in Scott County, Minnesota. The fee title property, permanent easement and/or other
easement and the wastewater collection system therein is referred to as “Restricted Property” and
is described in Exhibit A attached hereto by legal description, narrative description, or
diagram.
As the owner of the Restricted Property, the undersigned hereby acknowledges the
following restrictions and encumbrances with respect to the Restricted Property:
A. The Restricted Property is State bond financed property within the meaning of Minn.
Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in
paragraph B below, is subject to the encumbrance created and requirements imposed
by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise
disposed of without the approval of the Commissioner of Minnesota Management and
Budget, or its successor, which approval must be evidenced by a written statement
Generic GO Bond Proceeds Ver – 10/26/20
Grant Agreement for Program End Grants
signed by said commissioner and attached to the deed, mortgage, encumbrance or
instrument used to sell or otherwise dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in the G.O. Grant Agreement between Metropolitan Council and
[Grantee], dated _________, ____ (the “G.O. Grant Agreement”).
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which
time it shall be released therefrom by way of a written release in recordable form signed by both
the Metropolitan Council and the Commissioner of Minnesota of Management and Budget, or
their successors, and such written release is recorded in the real estate records relating to the
Restricted Property. This Certification may not be terminated, amended, or in any way modified
without the specific written consent of the Commissioner of Minnesota of Management and
Budget, or its successor.
SIGNATURE BLOCK AND ACKNOWLEDGMENT
By: ______________________________
Title: ____________________________
Dated: ___________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On the day of , 2023, before me a notary
public within and for said County, personally appeared , named in the forgoing instrument as
the of [Grantee] and acknowledged said instrument was signed on behalf of said _______ .
_________________________________
Notary Public
Generic GO Bond Proceeds Ver – 10/26/20
Grant Agreement for Program End Grants
Exhibit A
LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF RESTRICTED
PROPERTY
Please see attached map
SCALE IN FEET
0 800 1600
K:\013977-000\Cad\Plan\013977-000-C-TITL.dwg 1/20/2021 12:23:18 PMN
FISH POINT ROAD (CSAH 44 TO TH 13)
RECONSTRUCTION PROJECT - PHASE 1
CITY OF PRIOR LAKE
BITUMINOUS STREET RECONSTRUCTION, SANITARY SEWER, WATER MAIN, STORM CONSTRUCTION PLAN FOR
LOCATED ON HIDDEN OAKS CIRCLE SEFROM FISH POINT ROAD SE TO CUL-DE-SAC
PROJECT LOCATION MAP
F/O
UGT
G
EXISTING PLAN SYMBOLS
PROPERTY LINES/RIGHT-OF-WAY
UTILITY EASEMENT
TREE LINE
SIGN
DECIDUOUS TREE
SHRUB
CONIFEROUS TREE
EXISTING UTILITY SYMBOLS
FIBER OPTIC CABLE
UNDERGROUND TELEPHONE
GAS LINE
CATV VAULT
POWER POLE
ELECTRIC BOX
CATCH BASIN
STORM APRON
CND
CTV
OH
UNDERGROUND CABLE
CABLE TV
OVERHEAD COMMUNICATIONS LINE
UGE
OHE
UNDERGROUND POWER
OVERHEAD POWER
UGEUNDERGROUND ELECTRIC
OHTOVERHEAD TELEPHONE
WATER MAIN
SANITARY SEWER
STORM SEWER
GATE VALVE
HYDRANT
SANITARY SEWER MANHOLE
STORM SEWER MANHOLE ST
s
COUNTY:SCOTT
SECT 36, TWP 115N, RNG 22W
PROJECT LOCATION
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."
GOPHER ONE CALL TICKET NUMBER: 203020989, 203020983, 203020982, 203020987, 203020975
UTILITY COORDINATION MEETING HELD ON: 11/18/2020
APPROVED BYSHEET NO.DATE
PLAN REVISIONS
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES
WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.
THIS PLAN SET CONTAINS 89 SHEETS
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER
MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
LICENSE NUMBER:DATE:12/07/2020 47497
MONICA HEIL, P.E.
SHEET
89
OF
WSB PROJ. NO. 013977-000
TIMBERVIEW STREET SEFROM HIDDEN OAKS CIRCLE SE TO CUL-DE-SAC
1
THIS PLAN SET HAS BEEN PREPARED FOR:
CITY OF PRIOR LAKE
4646 DAKOTA STREET SE
PRIOR LAKE, MN 55372
952.447.9800
A CALL TO GOPHER STATE ONE (651-454-0002)
IS REQUIRED A MINIMUM OF 48 HOURS PRIOR
TO PERFORMING ANY EXCAVATION.
EXCAVATION NOTICE SYSTEM
PLAN SET INDEX
GOVERNING SPECIFICATIONS
UTILITY INFORMATION
ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE 2018
EDITION OF THE CITY ENGINEERS ASSOCIATION OF MINNESOTA "STANDARD
SPECIFICATIONS."
THE 2018 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.
ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF
THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING
THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE
LAYOUTS.
CITY PROJ. NO. TRN20-000001
SEWER AND RETAINING WALL IMPROVEMENTS
MILLERS CIRCLE SE FROM FISH POINT ROAD SE TO CUL-DE-SAC
GLORY CIRCLE SE FROM FISH POINT ROAD SE TO CUL-DE-SAC
OMEGA TRAIL SE FROM CUL-DE-SAC TO FISH POINT ROAD SE
TIMBER TRAIL SE FROM FISH POINT ROAD SE TO CUL-DE-SAC
SHEET NO.DESCRIPTION
1 TITLE SHEET
2 GENERAL LAYOUT
3 STATEMENT OF ESTIMATED QUANTITIES
4 - 5 TABULATIONS
6 - 8 MISCELLANEOUS DETAILS
9 TYPICAL SECTIONS
10 - 16 REMOVAL PLANS
17 - 29 SANITARY SEWER & WATERMAIN PLANS
30 - 42 STREET & STORM SEWER PLANS
43 - 54 RETAINING WALL PLANS
55 - 61 EROSION CONTROL PLANS
63 - 65 STORM WATER POLLUTION PREVENTION PLAN
66 - 89 CROSS SECTIONS
PROJECT
LOCATION
FISH POINT ROAD160TH STREET SE
TRU
N
K
HI
G
H
W
A
Y
1
3
S
160TH STREET SE CSAH 44
LOWER PRIOR LAKE
CANDYCOVETRLHURON ST
150TH STREET W
154TH STREET
CO HWY 27150TH STREET SE
ROADFIS
H
P
O
I
N
T
152ND ST W
MRH3, 41, 42, 56, 58, 59 01/13/21
MRH3, 3801/20/21
SCALE IN FEET
0
H:
200 400
WSB PROJECT NO.:REVISIONSNO.DATEDESCRIPTIONK:\013977-000\Cad\Plan\013977-000-C-GENL-LAYT.dwg 1/4/2021 3:36:05 PMN
013977-000
FISH POINT ROAD(CSAH 44 TO TH 13)RECONSTRUCTIONPROJECT - PHASE 1CITY OF PRIOR LAKE, MNGENERAL LAYOUT
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
AS SHOWN
GMD
GMD
AOG
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:MONICA HEIL, P.E.12/07/202047497SHEET
C.P.OF
89
2
TRN20-000001
LEGEND
XX
XX
XX
XX
SHEET NO. DESCRIPTION
REMOVAL PLAN
SANITARY SEWER AND WATERMAIN PLAN
STREET AND STORM SEWER PLAN
TURF ESTABLISHMENT AND EROSION CONTRL PLAN
HIDDEN OAKS CIRCLE
STA 200+00 TO STA 204+50
HIDDEN OAKS CIRCLE
STA 204+50 TO STA 207+95
TIMBERVIEW STREET
STA 300+00 TO STA 304+00
MILLERS CIRCLE
STA 400+00 TO STA 404+83
GLORY CIRCLE
STA 500+00 TO STA 504+53
OMEGA TRAIL
STA 600+00 TO STA 604+25
OMEGA TRAIL
STA 604+25 TO STA 608+79
TIMBER TRAIL
STA 700+00 TO STA 704+50
TIMBER TRAIL
STA 704+50 TO STA 708+75
TIMBER TRAIL
STA 708+75 TO STA 711+08
10 18 31 55
10 17 30 55
13 23 36 58
13 24 37 58
14 25 38 59
14 26 39 59
12 22 35 57
15 27 40 60
12 21 34 57
11 19 32
FISH POINT ROADHURON STREET SE
CSAH 44 (160TH STREET SE)
TRU
N
K
HI
G
H
W
A
Y
1
3
S
56
TERRI CIRCLE
STA 800+00 TO STA 802+25
11 20 33 56