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CCAgenda_04Feb11
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CCAgenda_04Feb11
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3.04 Certification of Completion. Upon completion of Site cleanup, the Grantee will provide to <br />the Council: <br />(a) for hazardous waste contamination, a copy of a Certificate of Completion for the Site issued by <br />the Minnesota Pollution Control Agency pursuant to Minnesota Statutes, section 115B.175; or <br />(b) for asbestos contamination, a copy of a statement from the Grantee's licensed Asbestos <br />Abatement Contractor that the Asbestos Abatement Plan for the Site has been completed in <br />accordance with the rules of the Minnesota Department of Health; or <br />(c) for petroleum contamination, a copy of a Site Closure Letter issued by the Minnesota Pollution <br />Control Agency pursuant to Minnesota Statutes chapter 115C. <br />IV. RECOVERY AND REPAYMENT <br />4.01 Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota <br />Statutes section 115B.04, or other law, to recover the reasonable and necessary Project .Costs <br />incurred to cleanup the Site, the Grantee shall repay to the Council that portion of the grant as <br />provided in paragraph 4.04. <br />4.02 Assignment of Rights. Upon request of the Council, the Grantee shall assign its right to <br />recover the funds described in paragraph 4.01 to the Council, shall prepaze and submit a <br />certification of the Project Costs incurred, and shall cooperate in any cost recovery action brought <br />by the Council. <br />4.03 Expenses of Recovery. The reasonable litigation expenses or other costs of le al or technical <br />g <br />assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in <br />accordance with paragraphs 4.01 or 4.02 and reimbursed to the entity incurring such costs before <br />proceeds of the recovery aze distributed in accordance with pazagraph 4.04. <br />4.04 Reimbursement. Subject to the deduction provided in paragraph 4.03, amounts recovered <br />either by the Grantee or the Council from responsible persons and all other amounts otherwise <br />received by the Grantee or the Council for cleanup of the Site shall be used to reimburse the <br />Grantee, the Council, or any other nonresponsible parry who contributed funds for cleanup of the <br />Site in proportion to their respective payments for response costs. <br />4.05 Survival of Section. The provisions of Section N (RECOVERY AND REPAYMENT) shall <br />survive the expiration or termination of this agreement. <br />V. AGREEMENT TERM <br />5.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless <br />terminated pursuant to pazagraph 5.02 or extended by written request and confirmation pursuant to <br />this paragraph, this agreement will terminate December 31, 2005. The term of this agreement may <br />be extended for a reasonable amount of time if, at least thirty (30) days prior to the termination date, <br />the Grantee's authorized agent or representative submits a written extension request which states the <br />purpose of the extension, identifies a new completion date and describes in reasonable detail any. <br />proposed, changes to the project activities and budget. An .extension shall be effective only upon <br />Page 4 of 7 Pages <br />
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