CCP 08-28-2006 - Laserfiche WebLink

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. . . TAX BASE REVITALIZATION ACCOUNT Account funds made available to the Council may result in a like reduction in the Grant Amount made available to thc Grantee. 2.02 Authorized Use of Grant Funds. The Grant Amount made available to the Grantee undcr this Agreement shall bc used only for Cleanup Costs for the cleanup of the Site described in the application for Tax Basc Revitalization Account funds. A project summary that identifies eligible uscs of the grant funds as approved by the Council is attached to and incorporated into this Agrccmcnt as Attachment A. Grant funds must hc used for clcanup of thc Site which must be located in a Participating Municipality. If consistent with the application and subjcct to thc limitations in Minnesota Statutes section 1 16J.556, the Grantee may use the grant funds to providc a portion of the local match requirement for Project Costs that qualify for a grant under Minnesota Statutes scctions I 16J.551 to 116J.557. Grant funds must be used for costs dircctly associated with the specific pro-posed activities for which the grant funds were awarded and shaH not be used for "soft costs" such as: administrative overhead; travel expenses; legal fees; local pennits, licenses or authorization fees; costs associatcd with prcparing grant proposals or applications; operating expenscs; planning costs, including comprehensivc planning costs; and proratcd lcase and salary costs. Grant nmds may not bc used for costs of activities that occurred prior to the grant award, unlcss thc pre-award costs were for invcsti-gation and clcanup work that occUfrcd within 180 days of the Funding Cyelc application due date and are identified in Attachment A. The Council shall bear no responsibility for cost overruns which may bc incurrcd by the Grantee or others in the implementation or perfonnance of the project activities. The Grantee agrees to comply with any "business subsidy" rcquiremcnts of Mirmesota Statutes sections 1 l6J.993 to 116J.995 that apply to the Grantcc's cxpenditures or uses of the grant funds. 2.03 Eminent Domain Restrictions. On January 25, 2006 the Council adopted a policy that restrictcd the usc of LCA grant funds on projects when eminent domain authority was used to acquire private propcrty for "economic development" purposes in connection with the projects. The Council's policy defined the tenn "economic devclopment" for LeA program purposcs and covcrs the time period from January 25,2006 to June 28, 2006. On June 28, 2006 the Council adopted a revised cminent domain policy that is consistent with the statutory definitions and restrictions contained in Minncsota Statutes chapter 117 as amended (effective May 20, 2006) during the 2006 Icgislativc session. The revised policy applics to LCA grant awards and grant ab'fccmcnts made on or after June n, 2006. The Council's January 25, 2006 and June 28, 2006 eminent domain policies arc availahle online at: http://www.metrocouncil.org/servicesllivcomm/EminentDomainPolicy.htm. (a) If a noticc of petition was served between January 25, 2006 and May 20,2006 in connection with the Grantee's project (or any component of the project) for which grant funds were awarded, thc grant funds may not be used to nmd or support thc project unless thc projcct: (I) would bave bcen eligible under the Council's January 25,2006 policy; or (2) qualifies for an exemption under Minnesota Statutcs scction 117.012, subdivision 3 or 2006 Minncsota Laws chapter 214, scction 22, clauses (b) through ( e). (b) If a notice of pctition was served on or alter May 20, 2006 in connection with the Grantee's project (or any component of the project) for which grant funds were awardcd, the grant funds may not be used to fund or support the projcct unless the projcct qualifics for an exemption under Minncsota Statutes section] 17.012, subdivision 3 or 2006 Minnesota Laws chapter 214, section 22, clauses (b) through (e). Page 3 oJ9 Pages rrr