CC RES 03-044 A RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM

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Grant No. SG-03-66 • METROPOLITAN LIVABLE COMMUNITIES ACT TAX BASE REVITALIZATION ACCOUNT GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of St. Anthony Village ("Grantee"). WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; and WHEREAS, Minnesota Statutes sections 473.251 and 473.252 establish within the Metropolitan Livable Communities Fund a Tax Base Revitalization Account and require the Council to use the funds in the account to make grants to municipalities or development authorities for the cleanup of polluted land in the seven-county metropolitan area; and WHEREAS, the Grantee is a "municipality" as defined in Minnesota Statutes section 473.252, subdivision 1 or a "development authority" as defined in Minnesota Statutes section 473.252, subdivision la and submitted an application for Tax Base Revitalization Account funds in response • to the Council's notice of availability of grant funds for the Spring 2003 grant cycle; and WHEREAS, at its June 25, 2003 regular meeting, the Council awarded Tax Base Revitalization Account grant funds to certain municipalities or development authorities which submitted grant applications to the Council during the Spring 2003 grant cycle, including the Grantee. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Cleanup Costs" or "Costs" mean: (1) for hazardous waste contamination, the cost of implementing a Response Action Plan approved by the Minnesota Pollution Control Agency under Minnesota Statutes section 115B.175, subdivision 3; or (2) for asbestos contamination, the cost of implementing an Asbestos Abatement Plan for the • Site which is carried out by contractors or subcontractors licensed or certified by the Commissioner of Health under the Minnesota Asbestos Abatement Act, Minnesota Statutes sections 326.70 to 326.81, in accordance with rules prescribed by the Page I of 7 Pages