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1. The Public Entity and the State Entity desire to set forth herein the provisions <br />relating to the granting and disbursement of the proceeds of the Program Grant to the Public <br />Entity and the operation of the Real Property and, if applicable, Facility. <br />IN CONSIDERATION of the grant described and other provisions in this Agreement, <br />the parties to this Agreement agree as follows. <br />Article I <br />DEFINITIONS <br />:r"z` <br />ection 1.01 Defined Terms. As used in this Agreemefollowing terms shall have <br />the meanings set out respectively after each such term (the <br />JW <br />o <br />both the singular and plural forms of the terms defined un the " be equally applicable to <br />otherwise: t specifically indicates <br />`. <br />"Agreement" - means this General Wect <br />in Bond Proceeds Graitreement - End <br />Grant for the City of New Brighton W and " e Rail Servi <br />Program. ,gym,. wlprovement <br />"Approved Debt" - means—Ar, c or private <br />writing, by the Commissioner o <br />', the <br />acquire an ownership interest in oL npro ;- <br />other than the debt on the G O 9611 w <br />delineated in Attachnwwu to this ti teeni�tf�'' <br />"Code' - > <br />s the <br />and all trey µ'k'`regulati <br />thereto. <br />is consented to and approved, in <br />of which were or will used to <br />#rty and, if applicable, Facility, <br />W111 is not limited to, all debt <br />of 1986, as amended from time to time, <br />and revenue rulings issued pursuant <br />-e" - me` _"he Commissioner of Finance for the State of <br />representatives thereof. <br />Hisslon W,-,oner <br />rdei"� -; means that certain "Order Amending Order of the <br />ter of FinRelating to Use and Sale of State Bond Financed Property" <br />the Co of Finance on July 20, 1995. <br />wmtr�arP�lrl .Wneans any entity with which the Public Entity contracts under a Use <br />Contract. Thrs „ pion is only needed and only applies if the Public Entity enters into an <br />agreement with another party under which such other party will operate the Real Property, <br />and if applicable, Facility. For all other circumstances this definition is not needed and <br />should be iQnnred and tr,, tod ,...:r... _ , . <br />Agreement shall be ignored and treated as ifthe reference did not exist. <br />"Declaration" - means a declaration, or declarations, in the form contained in <br />Attachment I to this Agreement and all amendments thereto, indicating that the Public <br />Entity's interest in the Real Property and, if applicable, Facility is bond financed property <br />329926v5 CLL NE 136-201 2 <br />