4.5. SR 07-09-2012 - Laserfiche WebLink

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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 Ai title III arzd its contents is only needed and only a~~lies if the Public Entity enters into an agr•eenrent ~~~ith another patty rrnder° ~~~hich such other°~art~> >~~ill operate arty ~or•tiorr of the Real Property, and if applicable, Facility. For all other circrrnrstances this Article III and it contents is riot needed ar~d s~honJd be ignored ar~d treated as if it ~~~ere left blank, and any reference to this Article III, its contents, acrd the terra Use C'onttact in this A,Qreement shall be ignored and treated as if the references cr'id 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 amlually 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. DEED Greater MN Business Development Public Infrastructure Program I S Ver- 2/16/10 Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)