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LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT <br />DEVELOPMENT GRANT PROGAM <br /> <br />Page 7 of 13 <br />SG-22064 revised 12/6/24 <br />PROVISIONS OF THIS SECTION 2.11, THE COUNCIL WILL NOT DISBURSE ANY <br />GRANT FUNDS TO THE GRANTEE UNLESS THE GRANTEE (OR PARTICIPATING <br />MUNICIPALITY WITHIN WHICH THE PROJECT IS LOCATED) HAS ADOPTED A <br />FAIR HOUSING POLICY AS REQUIRED BY SECTION 3.04. <br />2.12. Interest Earnings. If the Grantee earns any interest or other income from the grant funds <br />received from the Council under this Agreement, the Grantee will use the interest earnings or income <br />only for the purposes of implementing the Project activities described or identified in Attachments A <br />and B. <br />2.13. Effect of Grant. Issuance of this Grant neither implies any Council responsibility for <br />contamination, if any, at the Project site nor imposes any obligation on the Council to participate in <br />any pollution cleanup of the Project site if such cleanup is undertaken or required. <br />III. AFFORDABILITY; AFFIRMATIVE FAIR HOUSING <br />3.01. Affordability Term. If the Project for which the grant funds were awarded includes <br />affordable housing units, the Grantee shall, through written instruments or otherwise, ensure the <br />affordable units will remain affordable for a minimum period of fifteen (15) years. The Grantee’s <br />obligation under this Section may be satisfied if other Project funding sources (e.g., the Minnesota <br />Housing Finance Agency or the U.S. Department of Housing and Urban Development (“HUD”)) or <br />state or federal laws (e.g., low-income housing tax credit programs) require an affordability term of <br />at least fifteen (15) years. For the purposes of this Section, “affordable housing unit” means a unit <br />that is affordable to households at sixty percent (60%) or less of the Area Median Income (“AMI”), <br />as established by HUD, unless the Grantee’s application stated an affordability standard lower than <br />sixty percent (60%) of AMI, in which case the Grantee’s lower affordability standard shall apply. <br />The affordability requirements of this Section shall survive the expiration or termination of this <br />Agreement. <br />3.02. Affirmative Fair Housing Marketing Plans. If the Project for which the grant funds were <br />awarded is a housing project or includes housing units (whether market rate or affordable), the <br />Grantee shall, through written instruments or otherwise, ensure the Project owner (and any subsequent <br />owner(s)) adopts and implements an affirmative fair housing marketing plan for Project housing units. <br />For the purposes of this section, “affirmative fair housing marketing plan” means an affirmative fair <br />housing marketing plan that substantially conforms to affirmative fair housing marketing plans <br />published by the U.S. Department of Housing and Urban Development (“HUD”), or sample <br />affirmative fair housing marketing plans published by the Minnesota Housing Finance Agency. The <br />affirmative fair housing marketing plan requirement under this section shall continue for the <br />minimum affordability term specified in Section 3.01 and shall survive the expiration or termination <br />of this Agreement. <br />3.03. Section 8 Housing Choice Vouchers. If the Project is a housing project, or includes housing <br />units (whether market rate or affordable), and the Grantee stated in its application that the Project <br />housing units would be made available to households participating in the federal Housing Choice <br />Voucher program, the Grantee shall, through written instruments or otherwise, ensure the Project <br />owner (and any subsequent owner(s)) adopts and implements a policy under which the Project owner <br />will not refuse to lease Project units to households or individuals participating in the Housing Choice <br />Voucher program because those households or individuals are Housing Choice Voucher program <br />participants. The Housing Choice Voucher requirement under this section shall continue for the