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section 473.25 {b ), in a participating Municipality. Grant funds must be used for costs directly <br />associated with the specific proposed project activities and shall not be used for "soft costs" such as: <br />administrative overhead; travel expenses; legal fees; insurance; bonds; permits, licenses or authorization <br />fees, costs associated, with preparing other grant proposals; operating expenses; planning costs- <br />including comprehensive pl a nn ing costs; and prorated lease and salary costs. Grant funds may not be <br />Used for costs of project activities that occurred prior to the grant award. Grant funds also shall not <br />be used by the Grantee or others to supplant or replace grant or loan fi.rnd -s obtained for the project <br />from other sources. The Council sh -all bear no responsibility for cost overruns which may be incurred <br />by the Grantee or others in the implementation or performance of the p ro J ect activities. The Grantee <br />agrees to comply with any "business subsidy`' requirements of Minnesota Statutes sections 11 6,1.993) <br />to 11 6,1.995 that apply to the Grantee's expenditures or uses of the grant funds. <br />2.03 Project Changes. The grantee must promptly inform- the Council in writing of any significant <br />changes to the .project for which the. grant f aids were awarded, as well as any potential changes to the <br />grant- funded activities described in Attachment A. Failure to inform the Council of any significant <br />changes to the Project or significant changes to grant - funded components of the project, and use of <br />grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee "s eligibility for <br />future L A awards. Grant funds wilt not be disbursed prior to Council approval of significant <br />changes to either the Project or grant- funded activities described in Attachment A. <br />2.04 Budget variance. A variance of twenty percent 20 %) In the budget amounts for grant-funded <br />activities identified in Attachment A shall be considered acceptable without Council approval, <br />provided no budget amount for any individual grant- funded activity may be increased or decreased by <br />more than twenty percent (20 %) from the budget amount identified in- Attachment A. The Grantee <br />must inform the Council of ` any budget variances. Budget variances for any individual grant - funded <br />activity identified in Attaclunent A exceeding twenty percent (20%) will require approval of the <br />governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any <br />variances, the Council's obl i- gati.on to provide grant funds under this Agreement shall not exceed the <br />Grant Amount identified at .page- 1 of this Agreement. <br />2.05 Eminent Domain Restrictions. On January 25, 2006 lie Council adopted a policy that <br />restricted the use of L A grant funds on projects when eminent domain authority was used to <br />acquire private property for `economic development" purposes in connection with the projects. The <br />Council's policy defined the terra "economic development" for L. CA program purposes and covers <br />the time period from January 25, 2006 to June 28, 2006. on June 28, 2006 the Council adopted a <br />revised eminent domain policy that is consistent with the statutory definitions and restrictions <br />contained in Minnesota Statutes chapter 117 as amended (effective May 20, 200 6) during the 2006 <br />legislative session. The revised, policy applies to L A grant awards and grant agreements made on <br />or after .tune 28, 2006. The Council's January 25, 2006 and ,Tune 28, 2006 eminent domain policies <br />are available online at: http:llwww. metrocound.org/ services /1Ncomr /EminentDomainPolicy. htrn. <br />(a) If a notice of petition was served between January 25 , 2006 and May 20, 2006 in connection with <br />the Grantee's Project (or any component of the Project) for which grant funds were awarded, <br />the grant funds may not be used to fund or support the Project un -less the Project: (1) would <br />have been eligible under the Council's January 2.5, 2006 policy; or ( ) qualifies -for an exemption <br />Pa9c 3 of 9 Page <br />Oqo" <br />