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<br />Council's policy defined the term "'econornic development" for L, CA program purposes and covers
<br />the time period from January 25, 2006 to June 28, 2,0016, On June 28, 2006 the Council adopted a
<br />revised erni , nent domain policy that, is consistent with the statutory definitions and restrictions
<br />contained in Minnesota Statutes chapter 117 as arnendied (effective May 20, 2006) during the 2006
<br />legislative session. The revised policy applies to LCA grant awards and grant agreements made on
<br />or after June 28, 2006. The Council's January 25, 20061 and June 28, 2006 eminent domain policies
<br />are available online at: Ihttp-,://www'.metrocouncil.org/se�rvice�s/livcomm/EminentDoma1nPolicy.htm.
<br />(a) If a notice of petition, was served betweenlanuary, 251, 2006 and May 20, 2006 in connection. with
<br />the Grantee's Project (or any component of the Project) for which g-rant funds were awarded,
<br />the grant funds, may not be used to fund or support the Project unless the Pro . ect: (1) would
<br />xemption
<br />have, been eligible under the Council's January 2,5, 2,006 policy'; or (2) qualifies for an e
<br />unifie• Minnesota Statutes section 117.012, subdivision 3) or 2006 Minnesota 'Laws chapter 214,
<br />section 22, clauses (b) through (e).
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<br />(b), If'a notice of petition was served, on or after May 2,0, 2006 in connection with the Grantee's.
<br />Pro'lect (or any component of the PrQject) for which grant were awarded, the grant funds
<br />may not be used to fund or support the Project unless the Project qualifies for an exemption
<br />Linder Mtrinesota Statutes section 117.012, subdivision or 2006 Minnesota Laws chapter 214 .1,
<br />section 22., clauses i(b) through (e).
<br />2.05 Loss of Grant Funds., The Grantee agrees to rernit. to the Council i-n a pronipt manner: any
<br />unspent grant funds.. including any grant funds that are not expended prior to the Expiration Date
<br />identified at Page I of this Aaveement; any grant funds that are not used for the authorized purposes;
<br />and any interest earnings described in Paragraph 2.07 that are not used for the purposes of
<br />implementing the Project activities described in Attachment A. For the purposes of this Agreement,
<br />grant funds are '-'expended'i prior to the Expiration Date if the Grantee pays or is obligated to pay for
<br />expenses of eligible Project activities that occurred prior to the Expiration Late and the eligible
<br />expenses 'were incurred prior to the Expiration Date., Unspent or UnUsed grant ftinds, and other funds
<br />riernitted, to, the Council shall revert to the Councit's Tax Base Revitalization Account for distribution
<br />through application processes ill. fUtLire Funding Cycles.
<br />2.06 Payment Request Forms and Disbursements. The Council will disburse grant funds in
<br />response to written payment requests submitted by the Grantee and reviewed and approved by the
<br />Council's authorized, agent. Written payment requests shall be made using payment request fonns, the
<br />f6mi and content of which will be determined by the Council. Payment request and other reporting
<br />forms are available online at: http*//www.metrocouncil.org/services/livcomm/LCA m Co
<br />resources.ht. The uncil
<br />will disburse grant funds on a reimbursement basis, or a "cost '111CUrred" basis. The Grantee must
<br />provide with its written, payment requests documentation that shows grant-funded Project activities
<br />actually have been completed- Disbursements prior to the performance of a grant-funded Project
<br />activity will be subject to teri-tis and conditions mutually agreed to by the Council's authorized agent
<br />and, the Grantee. Subject to verification of each payment request form (and. its documentation) and
<br />approval for consistency with this Agreement, the Counicil will disburse a requested arnount to the
<br />Grantee within two 1(2) weeks after receipt of a properly completed payment request fore..
<br />2.07 Interest Earnings. If the Grantee earns any interest or other income from. the grant funds
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<br />received. from the Council under this Agreement,,. the Grantee will use the interest earnings or
<br />incornie only for the purposes of Implementing the Project activities described in Attachment A.
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