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

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Commissioner of Health related to asbestos abatement and asbestos management activity, and meeting the federal Asbestos Hazard Emergency Response Act ("AHERA") • standards for asbestos; or (3) for petroleum contamination, the cost of implementing a Corrective Action Plan for the Site approved by the Minnesota Pollution Control Agency under Minnesota Statutes, chapter 115C. (b) "Development Authority" means a statutory or home rule charter city, housing and redevelopment authority, economic development authority, or a port authority in the Metropolitan Area. (c) "Metropolitan Area" means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (d) "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254, or a county in the Metropolitan Area. (e) "Participating Municipality" means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. • (f) "Project Costs"means all costs as defined in Minnesota Statutes section 116J.552,subdivision 7. (g) "Site" means the land proposed by the Grantee to be cleaned up and located both within the Metropolitan Area and within the jurisdiction of the Grantee. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee a total sum of $585,600.00 which shall be funds from the Tax Base Revitalization Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Tax Base Revitalization Account grant funds made available to the Council may result in a like reduction to the Grantee. 2.02 Authorized Use of Grant Funds. The total grant amount made available to the Grantee under this agreement shall be used only for Cleanup Costs for the cleanup of polluted land in the Metropolitan Area as described in the Grantee's application for Tax Base Revitalization Account grant funds (the Site). A summary of the project described in the Grantee's application is attached to and incorporated into this agreement as Attachment A. Grant funds must be used for cleanup of the Site which must be located in a Participating Municipality. If consistent with its application, the Grantee may use the grant funds to provide a portion of the local match requirement for Project Costs that qualify for a grant under Minnesota Statutes sections 116J.551 to 116J.557. The Council • shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any grant funds which Page 2 of 7 Pages