4.3. SR 02-18-2020 - Laserfiche WebLink

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158848/3000151955 STATE OF MINNESOTA GENERAL OBLIGATION BOND GRANT CONTRACT WITH THE CITY OF ELK RIVER FOR RECLAMATION AND ENHANCEMENT OF LAKE ORONO This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State") and the City of Elk River, 13065 Orono Parkway, Elk River, Minnesota, 55330 ("Grantee"). Recitals 1. Under Minnesota. Statutes, Section 84.026, Subdivision 2, the State is empowered to enter into this grant contract with the Grantee for a natural resources improvement project. 2. Minnesota Session Laws 2019, Chapter 2, Article 1, Section 2, subdivision 3 appropriates funds for a grant to the Grantee for reclamation of Lake Orono. 3. The State agrees that reclamation and enhancement of Lake Orono is in the interest of the State. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesota Statutes § 16B.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant contract 5. The Grantee attests it has the financial capacity to provide any required local match for the project or phase funded under the terms of this grant contract, and agrees to complete the project or phase if the cost of the project or phase exceeds the amount of state funding and required local match. 6. The monies allocated to fund the grant to the Grantee are proceeds of state general obligation (G.O.) bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and 7. The Grantee's receipt and use of the G.O. Grant to acquire an ownership interest in and/or improve real property (the "Real Property") and, if applicable, structures situated 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. Grant Contract Term of Grant Contract 1.1 Effective date: June 15, 2019, or the date the State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2, whichever is later. Per Minn. Stat.\1166B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2021, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will be responsible for: Engineering, design, and construction of a reclamation and enhancement project at Lake Orono, including the removal of as much sediment from the upper basin to an average depth of five feet as funding allows to improve navigation, recreation, and wildlife habitat. Grant (Rev 08/18)