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�f_�$. 'JS � ;^' k"�$�,5 •aeti �o- 'ii 'd.p .L h 5 .� .. � �.S !L � r� 4 � � ��. 4. V 5 4 � � � `} Y ��. • iA. 2 V Jio �^ Sf � � .% II. ('3F RANT FUNDS D 2.01. Total. Grant Amount. The Council will grant to the Grantee the `grant Amount'? identified at Page I of this Agree rnent which shall be funds from the Tax Base Revitalization Account of the. Metropolitan- Livable Communities Fund. I otwithstmiding any other provision of this Agreement, the Grantee understands and agrees that any reduction or termination of Tax Base Devitalization Account funds rrrade available to the Council may result to a like reduction in the Grant Amount made available to the Grantee. 2.02 Authorized Use of Grant Funds. The Grant Amount made available to the Grantee Linder this Agreement shall be used only for Cleanup Costs for the cleanup of the Site described in the application for Tax Base Devitalization Account funds. A Project summary that identifies eligible uses of the grant funds as approved by the Counctl 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 its a Partrclpatr ng Mrinicipality. If consistent with. the application and subject to the limitations In Minnesota StatUtes section 11.6J.55-6, the Grantee may use the grant funds to provide a portion of the local match- regUirement for Project Costs th -at qualify for a. grant under Minnesota Statutes sections 11 6J, 55)1 to 116.1. 5) 7. grant funds rust be used for crosts directly associated w 1 t h the specific proposed Project activities for which the grant funds were awarded and shall not be used for :soft costs} such as: administrative overhead; travel, expenses; legal fees; insurance- bonds; .permits, licenses or authorization fees; costs associated with preparing grant proposals or applications; operating expenses, planning costs, including Comprehensive planning costs; and prorated lease and salary costs. Grant- funds may not be used for costs of Project activities that occurred pr-tor to the grant award, LrrIless the pre - award costs were for: (a) Site investigation work that occurred within 180 days of the Funding Cycle application due date and is i- dentified as a grant -funded activity in Attachment A; or (b) Project clealIr.rp activities that occurred within 180 days of the Funding Cycle application due date that were expressly approved by the Council Acti -on and are identified in Attachmerit A. Grant funds also shall not be used by the Grantee or others to supplant or replace grunt or load funds obtained for the Project from other sor..rrces. The Council shall bear no responsibility for cost oven-uns which may be incurred by the Grantee or others in the implementation or perforrnanec of the Project. activities-. The Grantee agrees to comply with any " {business subsidy' requirements of Mirmesota Statutes sections 1161993 to I 16J.995 that apply to the Grantee's expenditures or uses of the grant funds. 2.03 Project Changes. The Grantee I- 11r.rst promptly inform the Council in writing of any sigtii f icant changes to the Project f'o r which the grant funds were awarded, as well as any potential changes to grant- funded activities described in Attachment A.. Failure to in-form the Council of any significant changes to the project or significant changes to grant- funded components of the Project, and use of graiit funds for ineligible or unauthorized purposes, will jeopardize the Grantee ~s eligibility for future L A awards. Grant funds will not be disbursed prior to Council approval of sign- Ificant changes to either the Project or grant - funded activities described in Attachment A. 2.04 Eminent Domain. Restrictions, On January 25, 2006 the Council adopted a policy that restricted the use of L A grant funds on projects when eminent d -omain authority was used to acquire private property for "economic development" purposes in connection with the pro�}ects. The Pc�qe 3 ol'I 0 Pages