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Grant No. SG2003-133 <br />METROPOLITAN LIVABLE COMMUNITIES ACT <br />TAX BASE REVITALIZATION ACCOUNT <br />GRANT AGREEMENT <br />THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") <br />and the City of Falcon Heights ("Grantee"). <br />WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities <br />Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan <br />Livable Communities Act and the policies of the Metropolitan Development Guide adopted, by the <br />Council; and <br />WHEREAS, Minnesota Statutes sections 473.251 and 473.252 establish within the Metropolitan <br />Livable Communities Fund a Tax Base Revitalization Account and require the Council to use the <br />funds in the account to make grants to municipalities or development authorities for the cleanup of <br />polluted land in the seven-county metropolitan area; and <br />WHEREAS, the Grantee is a "municipality" as defined in Minnesota Statutes section 473.252, <br />subdivision 1 or a "development authority" as defined in Minnesota Statutes section 473.252, <br />subdivision la and submitted an application for Tax Base Revitalization Account funds in response <br />to the Council's notice of availability of grant funds for the Fa112003 grant cycle; and <br />• WHEREAS, at its December 17, 2003 regular meeting, the Council awarded Tax Base <br />Revitalization Account grant funds to certain municipalities or development .authorities which <br />submitted grant applications to the Council during the Fa112003 grant cycle, including the Grantee. <br />NOW THEREFORE, in consideration of the mutual promises and covenants contained in this <br />agreement, the Grantee and the Council agree as follows: <br />I. DEFINITIONS <br />1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph <br />have the meanings given them in this paragraph unless otherwise provided or indicated by the <br />context. <br />(a) "Cleanup Costs" or "Costs" mean: <br />(1) for hazardous waste contamination, the cost of implementing a Response Action Plan <br />approved by the Minnesota Pollution Control Agency under Minnesota Statutes section <br />115B.175, subdivision 3; or <br />(2) for asbestos contamination, the cost of implementing an Asbestos Abatement Plan for the <br />Site which is carried out by contractors or subcontractors licensed or certified by the <br />Commissioner of Health under the Minnesota Asbestos Abatement Act, Minnesota <br />Statutes sections 326.70 to 326.81, in accordance with rules prescribed by the <br />Page 1 of 7 Pages )~ <br />