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

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3.04 Certification of Completion. Upon completion of Site cleanup, the Grantee will provide to the Council: • (a) for hazardous waste contamination,a copy of a Certificate of Completion for the Site issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes, section 115B.175; or (b) for asbestos contamination, a copy of a statement from the Grantee's licensed Asbestos Abatement Contractor that the Asbestos Abatement Plan for the Site has been completed in accordance with the rules of the Minnesota Department of Health; or (c) for petroleum contamination, a copy of a Site Closure Letter issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes chapter 115C. IV. RECOVERY AND REPAYMENT 4.01 Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred to cleanup the Site, the Grantee shall repay to the Council that portion of the grant as provided in paragraph 4.04. 4.02 Assignment of Rights. Upon request of the Council, the Grantee shall assign its right to recover the funds described in paragraph 4.01 to the Council, shall prepare and submit a certification of the Project Costs incurred, and shall cooperate in any cost recovery action brought by the Council. • 4.03 Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in accordance with paragraphs 4.01 or 4.02 and reimbursed to the entity incurring such costs before proceeds of the recovery are distributed in accordance with paragraph 4.04. 4.04 Reimbursement. Subject to the deduction provided in paragraph 4.03, amounts recovered either by the Grantee or the Council from responsible persons and all other amounts otherwise received by the Grantee or the Council for cleanup of the Site shall be used to reimburse the Grantee, the Council, or any other nonresponsible party who contributed funds for cleanup of the Site in proportion to their respective payments for response costs. 4.05 Survival of Section. The provisions of Section IV (RECOVERY AND REPAYMENT) shall survive the expiration or termination of this agreement. V. AGREEMENT TERM 5.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 5.02 or extended by written request and confirmation pursuant to this paragraph, this agreement will terminate December 31, 2004. The term of this agreement may be extended for a reasonable amount of time if, at least thirty (30) days prior to the termination date, • the Grantee's authorized agent or representative submits a written extension request which states the purpose of the extension, identifies a new completion date and describes in reasonable detail any proposed changes to the project activities and budget. An extension shall be effective only upon Page 4 of 7 Pages