4.5. SR 07-09-2012 - Laserfiche WebLink

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ownership interest, and the valve of s7zch o~~~nership if~~terest shall not be inclz~ded in Attuchnient III hereto and instead shall be inchrded in the definition for (hvnership L'alzre ujider 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 Sherburne, 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 ij~~terest zrs~der a Lease. For all other circ~rn~stances this defif~ition is not needed ajzd sho~dd be ignored and treated as if it~~~ere Left blank, and anv reference to this term irz this A~•eement shall be ignored and treated as if the reference did not exist. "State Entity" -means the Mim7esota Department of Employment and Economic Development. "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 n~les 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 Miiulesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by DEED 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 ~~~ith another party zrnder ~~~hich such other party ~~~dl operate the Real Property ardor, if applicable, Facility. For all other circlmzstar~ces this definition is riot needed and sho~dd be i~zored and treated as if it~~~ere left blank, and aj~~v reference to this term in this A~reemej~~t shall be i~j~zored and treated as if the reference did not exist. "Useful Life of the Real Property and, if applicable, Facility" -means (i) 30 years for Real Property that has no struchire situated thereon or if any stnlct<ires 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 DEED Greater MN Business Development Public Infrastructure Program ~ Ver- 2/16/10 Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)