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Attachment B <br />43 <br />4. <br />Prepare payment request forms and provide all back up documentation as required by the <br />44 <br />Metropolitan Council for the grant-funded activities and submit the documentation to the <br />45 <br />City. The Developer must demonstrate that the grant-funded activities have been completed <br />46 <br />and that the contractor has received payment for this work. <br />47 <br />5. <br />Be responsible for the completion of the project described in the grant application within the <br />48 <br />two-year grant period. <br />49 <br />6. <br />Submit a written explanation to the City if the grant funds for the improvements cannot be <br />50 <br />expended within the time ram of the grant agreement. <br />51 <br />7. <br />If a grant extension is required,, request a grant extension at least 100 days before the <br />52 <br />expiration of the grant agreement. <br />5 3 <br />8. <br />Provide necessary information to the City to complete the LHIA grant annual report, final <br />54 <br />report, and certificate of expenditures,, pursuant to Metropolitan Council requirements for <br />55 <br />onsite grant funded activities for submittal by the City. <br />56 <br />9. <br />If requesting the conversion of the grant to a loan,, pay for all attorney fees associated with <br />57 <br />loan document review and all other costs incurred by the City to convert the grant to a loan. <br />58 <br />10. <br />Comply with all terms and conditions of the grant and use the grant funds in the manner and <br />59 <br />only for such purposes as are set forth in the grant. <br />60 <br />11. <br />Provide such additional information and documentation as the City may request from time to <br />61 <br />time to enable the City to comply with the terms and conditions of the grant. <br />62 <br />63 <br />D. <br />BOTH PARTIES AGREE.- <br />4 <br />65 <br />1. <br />MODIFICATION. Modifications within the scope of the instrument shall be made only by <br />66 <br />mutual consent of the parties, by the issuance of a written modification, signed and dated by <br />67 <br />all parties, prior to any changes being performed. <br />68 <br />69 <br />2. <br />PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts Aeon <br />70 <br />from participating in similar activities with other public or private agencies, organizations, <br />71 <br />and individuals. <br />72 <br />73 <br />3. <br />COMMENCEMENVEXPIRATION DATE. This instrument is executed as of the date of <br />74 <br />last signature and is effective through December 31, 2012, at which time it will expire unless <br />75 <br />extended. <br />76 <br />77 4. ASSIGNMENT. The Developer shall not assign this MOU or its rights or obligations <br />78 hereunder without the prior written consent of the City. <br />79 <br />80 5. In the event that the Developer shall fail to perform any of its obligations under this <br />81 Agreement, the City shall have, in addition to all other rights and remedies it has at law or in <br />82 equity, the right to withhold grant funds until such failure to perform has been cured by the <br />83 Developer. <br />84 <br />85 <br />86 <br />W <br />