CR 2012-076 Agreement for Mayon Plastics SiteG, TY OF
July 17, 2012 N O P K I N S Council Report 2012-076
METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT GRANT
SUB -RECIPIENT AGREEMENT FOR MAYON PLASTICS SITE
Proposed Action
Staff recommends adoption of the following motion: Approve execution of sub -recipient
agreement with Swervo Development for environmental clean-up funds for the Mayon Plastics
site.
Overview
The Livable Communities Act (LCA) Tax Base Revitalization Account (TBRA) funds the clean-
up of polluted land for redevelopment. It focuses on projects that create jobs and revitalize
communities. In the 2010 round of TBRA grants the City of Hopkins was awarded $124,300
toward the clean-up of the vacant Mayon Plastics site as a part of a commercial
redevelopment. The project has been delayed and is now under control of a new developer,
Swervo Development. The grant funds are transferable to the new developer, but staff
recommends executing the attached sub -recipient agreement with Swervo prior to submitting
and requests for reimbursement. The sub -recipient agreement primarily addresses the roles
and responsibilities of each party in the distribution of the grant funds.
Primary Issues to Consider
• What does the sub -recipient agreement consist of?
Supporting Information
• Sub -recipient Agreement
Tara Beard
Community Development Coordinator
Financial Impact: $ 0 Budgeted: Y/N Source: _PIR fund (501)
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2012-076
Page 2
Analysis of Issues
What does the sub -recipient agreement consist of?
The agreement holds the redeveloper accountable for meeting all the requirements of the
grant agreement, including:
• the development of a minimum 9,748 square foot multi -tenant commercial retail building
• providing the required documentation for reimbursement in a timely and clear manner
It also contains requirements that further protect the City, including insurance requirements
and the right to demand the return of the grant funds if conditions are not met.
Alternatives
The Council has the following alternatives:
• Approve execution of the sub -recipient agreement
• Deny execution of the sub -recipient agreement and relinquish TBRA funds for the
Mayon Plastics site.
SUB -RECIPIENT AGREEMENT
THIS AGREEMENT, made on or as of the day of ,
2012, by and between the City of Hopkins, a home rule charter city under the laws of the State of
Minnesota (hereinafter referred to as the "City"), having its principal office at 1010 First Street
South, Hopkins, Minnesota 55343, and
(hereinafter referred to as the "Redeveloper"), having its principal office at
RECITALS:
A. The Redeveloper is in the process of acquiring and redeveloping the former Mayon
Plastics property located on the southeast quadrant of State Highway 7 and County Road 73
within the City (the "Redevelopment Property").
B. The Redeveloper's redevelopment of the Redevelopment Property will require and
include the investigation, assessment, removal, abatement, handling, relocation and disposal of
contaminated soils, asbestos and other materials located on the Redevelopment Property,
including removal and disposal of contaminated materials and asbestos from the Redevelopment
Property.
C. At the request of the Redeveloper, the City applied for grant funds from the Tax Base
Revitalization Account of the Metropolitan Livable Communities Fund administered by the
Metropolitan Council ("Council") to provide funding for the investigation and response actions
described in the Application and Grant Agreement identified in Recital Paragraph D related to
assessment, abatement or removal of contaminated soils, asbestos and other materials from the
Redevelopment Property (which investigation and response actions are referred to herein as the
"Work").
D. Pursuant to an Application to the Council (the "Application"), the City has been awarded
a Tax Base Revitalization Account Grant (the "Grant") in the amount of $124,300.00, which
Grant will be disbursed by the Council to the City pursuant to the terms and conditions of the
Metropolitan Livable Communities Act Grant Agreement attached hereto as Exhibit A (the
"Grant Agreement"). A copy of the Application is attached to the Grant Agreement.
E. The Redeveloper has agreed to pay any amount by which the cost of the Work exceeds
the Grant.
F. The parties desire to set forth in writing their agreement as to the disbursement of the
Grant from the City to the Redeveloper.
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NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
representations, warranties, covenants and agreements contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Accuracy of Recitals. The parties agree that the above Recitals are true and
accurate and are incorporated in and made a part of this Agreement.
2. Disbursement of Grant Funds. If and to the extent that the City receives funds
pursuant to the Grant Agreement, the City shall timely disburse them to or for the benefit of the
Redeveloper solely for the uses and purposes for which such funds were disbursed by the
Council, subject to the terms and conditions of this Agreement and the Grant Agreement. The
City's sole obligation under this Agreement shall be to disburse to the Redeveloper any funds
actually received by the City pursuant to the Grant Agreement. The City makes no representation
or warranty concerning the availability or sufficiency of the Grant.
3. Use of Funds. The Redeveloper shall use any and all funds disbursed to it
hereunder solely to pay, or to reimburse itself for paying, the costs and expenses incurred by the
Redeveloper in connection with the Work and otherwise in accordance with and subject to the
conditions imposed upon the City in the Grant Agreement. The Redeveloper shall take all steps
necessary to assure such use of funds through its contracts with its contractors performing the
Work.
4. The Redeveloper's Obligations. The Grant Agreement is incorporated in and
made a part of this Agreement in its entirety. The Redeveloper does hereby assume and agree to
perform and observe all of the covenants, obligations, agreements and conditions to be performed
or observed by the City under the Grant Agreement. Without limiting the generality of the
foregoing, the Redeveloper specifically agrees as follows:
A. Redeveloper: i) is the fee owner of all tracts or parcels of land comprising
the Redevelopment Property on which the Work is to be performed; or ii) has entered
into Purchase Agreements or Option Agreements by which Redeveloper is entitled to
acquire fee title to all parcels comprising the Redevelopment Property on which the Work
is to be performed. Redeveloper has obtained irrevocable written approval for the
performance of the Work from all owners of parcels that Redeveloper has not yet
acquired fee title to, and Redeveloper has the legal right to perform the Work on the
Redevelopment Property. Redeveloper shall deliver to the City evidence acceptable to
the City of Redeveloper's acquisitions of fee title to the Redevelopment Property or
copies of all Purchase Agreements and Option Agreements for parcels comprising the
Redevelopment Property to which Developer has not yet acquired fee title together with
the Owner's approvals for performance of the Work.
B. The Redeveloper shall expeditiously and diligently commence and pursue
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the Work within the time frames specified in the Application and Grant Agreement. The
Redeveloper shall immediately notify the City in the event of any change in the prospects
for the timely completion of the Work.
C. All contracts for. performance of the Work shall comply with the
provisions of the Grant Agreement and, specifically, paragraph 6.06 thereof. The
Redeveloper shall perform the Work, and shall include in any contract for performance of
any part of the Work provisions requiring the contractor to perform such part of the Work
fully in compliance with the terms and conditions of the Grant Agreement and in a good
and workmanlike manner and in accordance with applicable state and federal laws and
regulations, including, without limitation, applicable MPCA regulations and requirements
and applicable OSHA regulations, including the federal Hazardous Waste Operations and
Emergency Response Standards (29 CFR 1910.120 and 29 CFR 1926.65).
D. In the event that the Council, pursuant to the provisions of the Grant
Agreement or otherwise, demands return of Grant funds already disbursed, the
Redeveloper shall, within ten (10) days of demand by the City, pay the City the amount
demanded by the Council.
E. The Redeveloper shall comply with all accounting, reporting, record
keeping and audit requirements of the Grant Agreement and maintain accurate and
complete books, accounts and records pertaining to the Work (including without
limitation any independent audits of the Redeveloper required by the Grant Agreement)
and permit City, County and Minnesota State Auditor representatives and other parties
designated in the Grant Agreement to have free access to and to inspect and copy all
books, accounts, records and contracts relating to the Work and to discuss the same, as
well as the progress and findings of the Work, with the Redeveloper's project managers at
reasonable times and intervals. The Redeveloper shall retain such materials and such
access and rights shall be in force and effect during the period of the Grant Agreement
and for six (6) years after its termination or cancellation or such longer period of time as
may be required by the Grant Agreement. Upon request, Redeveloper shall deliver to the
City accurate and complete copies of all books, accounts, records, contracts and other
documents related to the Work and required to be maintained pursuant to this Agreement
and the Grant Agreement. The documents to be delivered to the City shall include, but are
not limited to, all results of tests and inspections performed as part of the Work and all
reports, summaries and assessments related to or describing the Work or results thereof.
All documents delivered to the City pursuant to this Agreement shall be public
information, and may be retained by the City.
F. The Redeveloper shall prepare and timely submit to the City and Council
all reports on grant fund distribution and Work progress as required by the Grant
Agreement. The City shall not be obligated to make applications for disbursement to the
Council under the Grant Agreement until and unless the Redeveloper has provided all
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required documents and information to the City.
G. The City's authorization of the submission of the Application to the
Council and the City's approval and execution of the Grant Agreement was done in
reliance upon and conditioned on the understanding that the City would not incur any
financial obligations and that the Redeveloper would be responsible for the payment of all
cost of the Work in excess of the Grant, including, without limitation, any required local
contribution or local match required under the Grant Agreement or any other agreement,
application or program related to the Work or the Redeveloper's activities on the
Redevelopment Property. If the City is required to actually pay any amount in connection
with the Grant or the performance of the Work, the Redeveloper shall within ten (10)
days after request by the City, and as a condition of the City's payment of such amounts,
pay or reimburse the City for such amounts.
H. The Redeveloper shall provide all certifications at the times the same are
required to be provided under the Grant Agreement.
1. The Redeveloper agrees at all times during the term of this Agreement and
for two (2) years after the termination hereof, to have and keep in force, and to require its
contractors and subcontractors to have and keep in force, the following insurance
coverage:
1. Commercial General Liability on an occurrence basis with Contractual Liability
Coverage:
Limits
General Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence —
Combined Bodily Injury and Property Damage $1,000,000
2. Automobile Liability — Combined single limit each occurrence for $1,000,000
bodily injury and property damage covering owned, non -owned,
and hired automobiles.
3. Workers' Compensation and Employer's Liability:
a. Workers' Compensation Statutory
If the contractor is based outside the State of Minnesota,
coverage must apply to Minnesota laws.
b. Employer's Liability. Bodily Injury by:
Accident — Each accident $100,000
Disease — Policy Limit $500,000
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Disease — Each Employee
$100,000
4. Professional Liability — Per Claim and Aggregate $1,000,000
The Redeveloper and any contractor or subcontractor performing any of the Work
under this Agreement shall fumish certificates of insurance to the City for the insurance
coverages listed above, and provide updated certificates as coverage expires. Neither the
Redeveloper nor any contractor or subcontractor shall commence the Work until the
Redeveloper and any contractor or subcontractor has obtained the required proof of
insurance which clearly evidences required insurance coverage. The Redeveloper shall
otherwise comply with any requirements of the Grant Agreement related to insurance and
provide all insurance policies and coverages required thereby, all without cost to the City.
The foregoing insurance coverages and requirements may be satisfied by the
Redeveloper or the Redeveloper's contractors purchasing and maintaining in effect
insurance policies and coverages complying with the requirements stated in this
Paragraph 4. By entering into this Agreement, the City does not waive any statutory,
common law or other immunities or limitations on the City's liability and the City
specifically reserves all such immunities and limitations of liability.
J. The Redeveloper shall include in any contract, provisions that require its
contractors to comply with all applicable state and federal laws and regulations regarding
employment and workplace safety.
In accordance with the City's policies against discrimination, no person shall be
excluded from full employment rights or participation in or the benefits of any program,
service, or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, sexual orientation, public assistance status, or national origin; and no
person who is protected by applicable Federal or State laws, rules, or regulations against
discrimination shall be otherwise subjected to discrimination.
5. Disbursement Procedures.
A. The Redeveloper shall prepare and submit to the City periodic payment
requests for the costs and expenses of the Work in the form required by the Council, the
City and the Grant Agreement, and the City shall forward the same to the Council in the
manner and upon the schedule set forth in the Grant Agreement. The Redeveloper shall
submit such other documentation as the City or Council may require relative to costs of
the Work.
B. Payment requests may be submitted no more than monthly and shall be
submitted on or before the first day of the month.
OHopciv\SubRecipient Agmt.MayonPlastics
C. Upon the City's receipt of funds from the Council, the City shall forward
the same to the Redeveloper or the contractor designated by the Redeveloper, provided (i)
the Redeveloper is not in default hereunder and (ii) there has not occurred any change
which, in the reasonable judgment of the City, materially adversely affects the prospects
for the timely completion of the Work, as adjusted for any delay in obtaining City
approvals.
6. Indemnity. The Redeveloper hereby releases and agrees to protect, indemnify,
defend and hold harmless the City, the Council and their respective officials, directors, officers,
employees and agents, and their respective heirs, successors and assigns (collectively, the
"Indemnified Parties") from and against any and all claims, demands, judgments, penalties,
liabilities, costs, damages, liens and expenses ("Liabilities"), directly or indirectly incurred by
any of the Indemnified Parties, arising from the subject matter of this Agreement, the
Redeveloper's default under this Agreement and/or the performance or nonperformance of the
Work. The Redeveloper specifically agrees that the Indemnified Parties shall have no
responsibility for, and the foregoing indemnity shall cover, Liabilities arising under
environmental laws and regulations related to the Work. The Redeveloper further acknowledges
and agrees that the foregoing agreement to indemnify, defend and hold the City harmless shall
include indemnification against any Liabilities of the City arising under the Grant Agreement.
The Redeveloper further agrees to keep the Redevelopment Property free from
any Liabilities arising out of or related to the performance of the Work, including any liabilities
related to payment for the cost of the Work or breach of any obligations of the Redeveloper under
this Agreement.
7. Independent Contractor. The Redeveloper shall select the means, method, and
manner of performing the Work. Nothing is intended or should be construed in any manner as
creating or establishing the relationship of partners or joint venturers between the City and the
Redeveloper or as constituting the Redeveloper as the agent, representative, or employee of the
City for any purpose or in any manner whatsoever. The Redeveloper is to be and shall remain an
independent contractor with respect to all services and activities described in this Agreement.
Any and all personnel of the Redeveloper or other persons while engaged in the performance of
any work or services required by the Redeveloper under this Agreement shall not be deemed to
have any contractual relationship with the City and shall not be considered employees of the City
by virtue of this Agreement. Any and all claims related to the Work that may or might arise
under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel, arising out of employment or alleged employment
including without limitation, claims of discrimination against the Redeveloper, its officers,
agents, contractors, or employees shall in no way be the responsibility of the City. The
Redeveloper shall defend, indemnify and hold harmless the City, its officials, officers, agents,
and employees from any and all such claims. Such personnel or other persons shall neither
require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the
City, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers'
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Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits.
S. Costs and Expenses. The Redeveloper agrees to reimburse the City within
fourteen (14) days of demand by the City for all reasonable out-of-pocket expenses paid or
incurred by the City (including costs and fees and expenses of the City's attorneys at the rate of
$250.00 per hour) in connection with the negotiation, preparation, approval, review, execution,
delivery, amendment, modification, interpretation, collection and enforcement of this Agreement,
the Grant Agreement or any amendments thereto. The obligation of the Redeveloper under this
paragraph shall survive any termination of this Agreement.
9. Termination; Default; Remedies. This Agreement shall terminate if the Grant
Agreement is terminated in accordance with its terms and conditions. However, the provisions
of paragraph 6 of this Agreement and any other provision of this Agreement which, by its terms,
impliedly or explicitly, is to survive the termination of this Agreement shall survive and be
enforceable after such termination. If the Redeveloper should default under this Agreement, then
in addition to any and all other rights and remedies available to the City under law, the City may
suspend or terminate its obligation to forward funds received pursuant to the Grant Agreement to
the Redeveloper, except that the Redeveloper shall be given an opportunity to cure as provided
for in the Grant Agreement.
10. Notices. All notices, requests and other communications hereunder shall be in
writing and shall be delivered personally or by first class United States mail (postage prepaid)
addressed to the recipient at the below address, or at such other address as such parry shall have
specified to the other party hereto in writing. Notices shall be deemed duly delivered for all
purposes at the time of personal delivery to the representative of the City or the Redeveloper
named below or two business days after being deposited in the United States mail. The addresses
for notices are as follows:
If to the City:
City of Hopkins
Attention: City Manager
1010 First Street South
Hopkins, MN 55343
Copy to:
Mr. Jeremy S. Steiner
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
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If to the Redeveloper:
Copy to:
10. Miscellaneous.
A. Governing Law. All matters relating to the interpretation, construction,
validity and enforcement of this Agreement shall be governed by the laws of the State of
Minnesota.
B. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the subject matter hereof and supersedes all prior agreements and
understandings with respect to such subject matter, and the parties hereto have made no
agreements, representations or warranties relating to the subject matter of this Agreement
which are not set forth herein.
C. Amendments. No amendment or modification of this Agreement shall be
deemed effective unless made in writing and signed by the parties hereto.
D. No Waiver. No term or condition of this Agreement shall be deemed to
have been waived, nor shall there be any estoppel to enforce any provisions of this
Agreement, except by a statement in writing signed by the party against whom
enforcement of the waiver or estoppel is sought. Any written waiver shall not be deemed
a continuing waiver unless specifically stated, shall operate only as to the specific term or
condition waived and shall not constitute a waiver of such term or condition for the future
or as to any act other than that specifically waived.
E. Assignment. This Agreement shall not be assignable, in whole or in part,
by either party without the prior written consent of the other party.
F. Counterparts. This Agreement may be simultaneously executed in any
number of counterparts, and such counterparts executed and delivered, each as an
a_\Hopciv\SubRecipient Agmt.MayonPlastics
original, shall constitute but one and the same instrument.
G. Severability. To the extent any provision of this Agreement shall be
invalid or unenforceable, it shall be considered deleted herefrom and the remainder of
such provision and of this Agreement shall be unaffected and shall continue in full force
and effect.
H. Exhibits; Captions and Headlines; Interpretation. Exhibits A hereto is
incorporated herein by reference. The captions and paragraph headings herein are for
convenience of reference only and shall not affect the construction or interpretation of
this Agreement. Should any provision of this Agreement require judicial interpretation,
it is agreed that the court interpreting or construing the same shall not apply a
presumption that the terms hereof shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly against
the party who itself or though its agent prepared the same, it being agreed that the agents
of both parties have participated in the preparation hereof.
I. Binding Effect. This Agreement shall he binding on and inure to the
benefit of the parties hereto and their respective successors and permitted assigns.
J. No Third -Party Beneficiaries. With the exception of the Council, there
are no third party beneficiaries of this Agreement, intended or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
REDEVELOPER: CITY:
CITY OF HOPKINS
By
By
Its
Its
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EXHIBIT A
METROPOLITAN LIVABLE COMMUNITY'S ACT
GRANT AGREEMENT AND APPLICATION FOR
TAX BASE REVITALIZATION ACCOUNT FUNDS
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TAX LASE REVITALYZAT1ON ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
GRANTEE: City of Hopkins GRANT NO. SGOIO-157
PROJECT: Retail Center
GRANT AMOUNT: $124,300.00
FUNDING CYCLE: Fall 2010
COUNCIL ACTION: January 26, 2011
EXPIRATION DATE: December 31, 2012
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement") is made and entered into by the Metropolitan
Council ("Council") and the Municipality or Development Authority identified above as "Grantee."
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act ("LCA") and the policies of the Council's Metropolitan Development
Guide; and
WHEREAS, Minnesota Statutes sections 473.251.and 473.252 establish within the Metropolitan
Livable Communities Fund a Tax Base Revitalization Account and require the Council to use the
funds in the account to make grants to Municipalities or Development Authorities for the cleanup of
polluted land in the seven-coumty metropolitan area; and
WHEREAS, the Grantee is a Municipality or a Development Authority as defined in Minnesota
Statutes section 473.252, subdivisions 1 and la; and
WHEREAS, the Grantee seeks funding in connection with an application for Tax Base
Revitalization Account funds submitted in response to the Council's notice of availability of grant
funds for the "Funding Cycle" identified above and will use the grant funds made available under
this Agreement to help fund the "Project" identified in the application; and
WHEREAS, the Council awarded Tax Base Revitalization Account grant funds to the Grantee
subject to the Council's eminent domain policy and any terms, conditions or clarifications stated in
its Council Action, and with the understanding that the Project identified in the application will
proceed to completion in a timely manner, all grant funds will be expended prior to the "Expiration
Date" identified above, and Project development or redevelopment construction will begin before
the Expiration Date.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
Page 1 of 12 Pages
TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
I. DEFINITIONS
1.01.. Definition of Terms. The terms defined in this section have the meanings given them in
this section unless otherwise provided or indicated by the. context.
(a) Cleanup Costs or Costs "Cleanup Costs" or "Costs" means:
(1) For hazardous waste or substance contamination, the cost of implementing a
voluntary response action plan approved by the Minnesota Pollution Control Agency
under Minnesota Statutes section 115R.175, subdivision 3.
(2) For asbestos contamination, the cost of implementing a project -specific asbestos
project plan for the Site and performing asbestos-related work which is Carried out
..by contractors or subcontractors licensed or certified by the Commissioner of Health
under the Minnesota Asbestos Abatement Act, Minnesota Statutes sections 326.70 to
326.81, in accordance with rules prescribed by the Commissioner of Health related
to asbestos abatement and asbestos management activity, and meeting the federal
Asbestos Hazard Emergency Response Act ("AHERA") standards for asbestos.
(3) For petroleum contamination, the cost of implementing a corrective action plan for
the Site approved by the Minnesota Pollution Control Agency under Minnesota Statutes
chapter 115C.
(4) For lead abatement, the cost of lead abatement work performed by certified
contractors consistent with all applicable federal and state laws, rules and standards
governing lead abatement or regulated lead work on residential or . commercial
properties.
(b) Council Action. "Council Action" means the action or decision of the governing body of
the Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by
which the Grantee was awarded Tax Base Revitalization Account grant funds.
(c) Development Authority. "Development Authority" means a statutory or home rule charter
city, a housing and redevelopment authority, an economic development authority, or a.port
authority in the metropolitan area as defined by Minnesota Statutes section 473.121,
subdivision 2.
(d) Municipality. "Municipality" means a statutory or home rule charter city or town
participating in the Local Housing Incentives Program under Minnesota Statutes section
473.254, or a county in the metropolitan area as defined by Minnesota Statutes section
473.121, subdivision 2.
(e) Participating Municipality. "Participating Municipality" means a statutory or home rule
charter city or town that has elected to participate in the Local Housing Incentive Account
program and negotiated affordable and life -cycle housing goals for the Municipality
pursuant to Minnesota Statutes section 473.254.
Page 2 of 12 Pages 4
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TAX BASE BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
(f) Project. Unless clearly indicated otherwise by the context of a specific provision of this
Agreement, "Project" means the development or redevelopment project identified in the
application for Tax Base Revitalization Account funds for which grant funds were requested.
Grant-fimded activities typically are components of the Project.
(g) Project Costs "Project Costs" means all costs as defined in Minnesota Statutes section
116J.552, subdivision 7.
(h) Site. ' "Site" means the polluted land proposed by the Grantee to be cleaned up and located
both within the metropolitan area and within a Participating Municipality.
H. GRANT FUNDS
2.01. Total Grant Amount. The Council will grant to the Grantee the "Grant Amount" identified
at Page 1 of this Agreement which shall be fiends from the Tax Base Revitalization Account of the
Metropolitan Livable Communities Fund. Notwithstanding any other provision of this Agreement,
the Grantee understands and agrees that any reduction or termination of Tax Base Revitalization
Account funds made available to. the Council may result in 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 under
this Agreement shall be used only for Cleanup Costs for the cleanup of the Site described in the
application for Tax Base Revitalization Account funds. A Project summary that identifies eligible
uses of the grant funds as approved by the Council 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 in a Participating Municipality. If consistent with the application and subject to the
limitations in Minnesota Statutes section 116J.556, the Grantee may use the grant funds to provide a
portion of the local match requirement for Project Costs that qualify fora grant under Minnesota
Statutes sections 116J.551 to .1 16J.557. Grant funds must be used for costs directly associated with
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 prior to the
grant award, unless the pre -award costs were for:
(a) Site investigation work that occurred within 180 days of the Funding Cycle application due
date and is identified as a grant -funded activity in Attachment A; or
(b) Project cleanup activities that occurred within 180 days of the Funding Cycle application
due date that were expressly approved by the Council Action and are identified in
Attachment A.
Grant funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or loan
funds obtained for the Project from other sources; or (b) Grantee contributions to the Project,
including financial assistance, real property or other resources of the Grantee. The Council shall bear no
responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or
Page 3 of 12 Pages
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TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAIVI
performance of the Project activities. The Grantee agrees to comply with any "business subsidy"
requirements of Minnesota Statutes sections 116J.993 to 116J.995 that apply to the Grantee's
expenditures or uses of the grant funds.
2.03. Loans for Low -Income Housing Tax Credit Projects. If consistent with the application
and the Project activities described in Attachment A or if requested in writing by the Grantee, the
Grantee may structure the grant assistance to the Project as a loan so the Project owner can take
advantage of federal and state low-income housing tax credit programs. The Grantee may use the
grant funds as a loan for a low-income housing tax credit Project, subject to the terms and conditions
stated in section 2.02 and the following additional terms and conditions:
(a) The Grantee covenants and represents to the Council that the Project is a rental housing
project that received or will receive an award of low-income .housing tax credits under
section 42 of the Internal Revenue Code of 1986, as amended, and the low-income housing
tax credit program administered by the Minnesota Housing Finance Agency.
(b) The Grantee will provide to the Council a copy of the loan agreement between the Grantee
and the Project owner.
(c) The Grantee will submit annual written reports to the Council that certify: (1) the grant
funds continue to be used for the Project for which the grant funds were awarded; and
(2) the Project is a "qualified low-income housing project" under section 42 of the Internal
Revenue Code of 1986, as amended. This annual reporting requirement is in addition to the
reporting requirements stated in section 3.03. Notwithstanding the Expiration Date
identified at Page I of this Agreement and referenced in section 5.01, the Grantee will
submit the annual certification reports during the initial "compliance period" and any
"extended use period," or until such time as the Council terminates this annual reporting
requirement by written notice to the Grantee.
(d) The grant funds made available to the Grantee and disbursed to the Project owner by the
Grantee in the form of a loan may be used only for the grant -eligible activities and Project
components for which the Grantee was awarded the grant funds. For the purposes of this
Agreement, the term "Project owner" means the current Project owner and any Project
owner successor(s).
(e) Pursuant to section 2.02, the grant funds made available to the Grantee and disbursed to the
Project owner in the form of a loan shall not be used by the Grantee, the Project owner or
others to supplant or replace: (1) grant or loan funds obtained for the Project from other
sources; or (2) Grantee contributions to the Project, including financial assistance, real
property or other resources of the Grantee. The Council will not make the grant funds available
to the Grantee in a lump sum payment, but will disburse the grant funds to the Grantee on a
reimbursement basis pursuant to section 2.09.
(f) By executing this Agreement, the Grantee: (1) acknowledges that the Council expects the
loan will be repaid so the grant funds may be used to help fund other activities consistent with
the requirements of the Metropolitan Livable Communities Act; (2) covenants, represents
Page 4 of 12 Pages
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TAX BASE REVITALIZATION ACC03JT+eT
CONTAMINATION CLEANUP GRANT PROGAM
and warrants to the Council that the Grantee's loan to the Project owner will meet all
applicable low-income housing tax credit program requirements under section 42 of the
Internal Revenue Code of 1986, as amended (the "Code', and the low-income housing tax
credit program administered by the Minnesota Housing Finance Agency; and (3) agrees to
administer its loan to the Project owner consistent with federal and state low-income
housing. tax credit program requirements.
(g) The Grantee will, at its own expense, use diligent efforts to recover loan proceeds: (1) when
the Project owner becomes obligated to repay the Grantee's loan .or defaults on the Grantee's
loan; (2) when the initial thirty-year "compliance period" expires, unless the Council agrees in
writing that the Grantee may make the grant funds available as a loan to the Project owners
for an "extended use period"; and (3) if noncompliance with low-income housing .tax credit
program requirements or some other event triggers the Project .owner's repayment obligations
under its loan agreement with the Grantee. The Grantee must repay to the Council all loan
repayment amounts the Grantee receives from the Project owner. The Grantee shall not be
obligated to repay the grant funds to the Council except to the extent the Project owner
repays its loan to the Grantee, provided the "Grantee has exercised the reasonable degree of
diligence and used administrative and legal remedies a reasonable and prudent public
housing agency would use to obtain payment on a loan, taking into consideration (if
applicable) the subordinated nature of the loan. At its discretion, the Council may:
(1) permit the Grantee to use the loan repayment from the Project owner to continue
supporting affordable housing components of the Project; or (2) require the Grantee to remit
the grant funds to the Council.
(h) If the Grantee earns any interest or other income from its loan agreement with the Project
owner, the Grantee will: (1) use the interest earnings or income only for the purposes of
implementing the Project activities for which the grant was awarded; or (2) remit the interest
earnings Ior income to the Council. The Grantee is not obligated to earn any interest or other
income from its loan agreement with the Project owner, except to the extent required by any
applicable law.
2.04. Deferred Loans. If consistent with the application and the Project summary, the Grantee
may use the grant funds to make deferred loans (loans made without interest or periodic payments)
for the purposes of implementing the Project activities described in Attachment A. The Grantee
will submit annual written reports to the Council that report on the uses of the grant funds. The
form and content of the report will be determined by the Council. This annual reporting
requirement is in addition to the reporting requirements stated in section 3.03. Notwithstanding the
Expiration Date identified at Page 1 of this Agreement and referenced in section 5.01, the Grantee
will submit the annual reports until the deferred loan is repaid, or until such time as the Council
terminates this annual reporting requirement by written notice from the Council. At its discretion,
the Council may: (1) permit the Grantee to use loan repayments to continue supporting affordable
housing components of the Project; or (2) require the Grantee to remit the grant funds to the
Council.
2.05. Restrictions on Loans by Subgrantees. The Grantee shall not permit any subgrantee or
subrecipient to use the grant funds for loans to any subrecipient at any tier unless the Grantee
Page 5 of 12 Pages f%�
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TAX BASE REVITALIZATION ACCOUINT
CONTAMINATION CLEANUP GRANT PROGAM
obtains the prior written consent of the Council. The requirements of this section 2:05 shall be
included in all subgrants.
2.06. Project Changes. The Grantee must promptly inform the Council in writing of any
significant changes to the Project for which, the grant fluids were awarded, as well as any potential
changes to grant -funded activities described in Attachment A. Failure to inform the Council of any
significant changes to the Project or significant changes to grant -funded components of the Project,
and use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee's
eligibility for future LCA awards. Grant funds will not be disbursed prior to Council approval of
significant changes to either the Project or grant -funded activities described in Attachment A.
2.07. - Eminent Domain Restrictions. On January 25, 2006 the Council adopted a policy that
restricted. the use of LCA grant funds on projects when eminent domain authority was used to
acquire private property for "economic development" purposes in connection with the projects. The
Council's policy defined the term "economic development" for LCA program purposes and covers
the time period from January 25, 2006 to June 28, 2006. On June 28, 2006 the Council adopted a
revised eminent domain policy that is consistent with the statutory definitions and restrictions
contained in -Minnesota Statutes chapter 117 as amended (effective May 20, 2006) during the 2006
legislative session. The revised policy applies to LCA grant awards and grant agreements made on
or after_Ame 28, 2006. The Council's January 25, 2006 and June 28, 2006 eminent domain policies
are available online at: http://www.metrocouncil.orglservices/livcommlEmineniDomainPolicy.htm.
(a) If a notice 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, the grant funds may not be used to fund or support the Project unless the Project:
(1) would have been eligible under the Council's January 25, 2006 policy; or (2) qualifies for
an exemption under Minnesota Statutes section 117.012, subdivision 3 or 2006 Minnesota
Laws chapter 214, section 22, clauses (b) through (e).
(b) If a notice of petition was served on or after May 20, 2006 in connection with the Grantee's
Project (or any component of the Project) for which grant funds were awarded, the grant
funds may not be used to fund or support the Project unless the Project qualifies for an
exemption under Minnesota Statutes section 117.012, subdivision 3 or 2006 Minnesota
Laws chapter 214, section 22, clauses (b) through (e).
2.08. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized
purposes; and any interest earnings described in section 2.10 that are not used for the purposes of
implementing the Project activities described in Attachment A. For the purposes of this Agreement,
grant funds are "expended" prior to the Expiration Date if the Grantee pays or is obligated to pay for
expenses of eligible Project activities that occurred prior to the Expiration Date and the eligible
expenses were incurred prior to the Expiration Date. Unspent or unused grant funds and other funds
remitted to the Council shall revert to the Council's Tax Base Revitalization Account for distribution
through application processes in future Funding Cycles or as otherwise permitted by law.
Page 6 of 12 Pages
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TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
2.09. Payment Request Forms and Disbursements. The Council will disburse grant funds_ in
response to written payment requests submitted by the Grantee'and reviewed and approved by the
Council's authorized agent. Written payment requests shall be made using payment request forms,
the form and content of which will be determined by the Council. Payment request and other
reporting forms are available online at:
http.•//www.metroeouncil.org/services/livcomm/LCAresources.htm. 'The Council will disburse grant
funds on a reimbursement basis or a "cost incurred" basis. The Grantee must provide with its
written payment requests documentation that shows grant -funded Project activities actually have
been completed. Disbursements prior to the performance of a grant -funded Project activity will be
subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee.
Subject to verification of each payment request form (and its documentation) and approval for
consistency with this Agreement, the Council will disburse a requested amount to the Grantee within
two (2) weeks after receipt of a properly completed payment request form.
2.10. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or
income only for the purposes of implementing the Project activities described in Attachment A.
211. Effect of Grant. Issuance of this grant neither implies any Council responsibility for the
contamination at the Site nor imposes any obligation on the Council to participate in the cleanup of
the. Site contamination or in the Cleanup Costs beyond the Grant Amount of this Agreement. By
awarding grant funds to the Grantee for the Project and executing this Agreement, the Council
assumes no responsibility for: (a) any damage to persons, property, or the environment caused by
Site cleanup activities or implementation of the Project; or (b) determining whether intended uses of
the Site identified in the grant application or potential future uses of the Site, including- any
residential uses, are suitable for the Site.
III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS
3.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received
from the Council. Notwithstanding the expiration and termination provisions of sections 5.01 and
5.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6)
years following the completion of the Project activities described in Attachment A or six (6) years
following the expenditure of the grant funds, whichever occurs earlier. Accounting methods shall
be in accordance with generally accepted accounting principles.
3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee's premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Project activities or six (6) years following the expenditure of the
grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section . 16C.05,
subdivision 5, the books, records, documents and accounting procedures and practices of the
Grantee that are relevant to this Agreement are subject to examination by the Council and either the
Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years.
Page 7 of 12 Pages
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3.03. Report Requirements. The Grantee will report to the Council on the status of the Project
activities deseribed in Attachment A and the expenditures of the grant funds. Submission of properly
completed payment request forms (with proper documentation) required under section 2.09 will
constitute periodic status reports. The Grantee also must complete and submit to the Council a
grant activity closeout report. The closeout report form must be submitted with the final payment
request form or within 120 days after the expiration or termination of this Agreement, whichever
occurs earlier. Within 120 days after the Expiration Date, the Grantee must complete and submit to
the Council a certification of expenditures of funds form signed by the Grantee's chief financial
officer or finance director. The form and content of the closeout report and certification form will
be determined by the Council. In addition to the periodic status reports, the grant activity closeout
report, and the certification form, the Grantee must submit to the Council by April 1 of the year
following the expiration of this Agreement and by April 1 of each of the succeeding three (3) years,
an annual written report that includes information about redevelopment activities, net tax capacity
of the Site, and jobs resulting from Site cleanup. The form and content of the annual written report
will be determined by the Council. The reporting requirements of sections 3.03 and 3.04 shall
survive the expiration or termination of this Agreement.
3.04. Certificate of Completion. Upon completion of the Site cleanup, the Grantee will provide
to the Council:
(a) For hazardous waste or substance contamination, a copy of a certificate of completion for
the Site issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes
section 11513.175, or a letter from the Agency indicating that the approved voluntary
response action plan for the Site has been implemented to the satisfaction of the Agency and
that the Agency is issuing a determination that no further action is required under Minnesota
Statutes sections 11513.01 to 11513.08 to address the identified release; or
(b) For asbestos contamination, either (i) a copy of a statement from the Grantee's licensed
asbestos abatement contractor that the project -specific asbestos project plan and asbestos-
related work for the Site have been completed in accordance with the rules of the Minnesota
Department of Health, or (ii) a final asbestos abatement implementation report that shows the
project -specific asbestos project plan and asbestos-related work for the Site have been
completed in accordance with the rules of the Minnesota Department of Health; or
(c) For petroleum contamination, a copy of a site closure letter issued by the Minnesota
Pollution Control, Agency pursuant to Minnesota Statutes chapter 1 I5C; or
(d) For lead abatement or regulated lead work, a copy of a statement or other documentation from
the certified contractor that the lead abatement or regulated lead work at the Site has been
completed in accordance with applicable federal and state laws, rules and standards governing
lead abatement.
IV. RECOVERY AND REPAYMENT
4.01. Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota
Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred
Page 8 of 12 Pages
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TAX BASE REVITALIZATION ACCOUNT
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to clean up the Site, the Grantee shall repay to the Council that portion of the grant as provided in
section 4.04.
4.02. Assignment of Rights. Upon request of the Council, the Grantee shall assign to. the Council
the Grantee's right to recover the funds described in section 4.01, shall prepare and submit a
certification of the Project Costs incurred, and shall cooperate in any cost recovery action brought by
the Council.
4.03. Expenses of Recovery. The reasonable litigation expenses or other costs of legal -or
technical assistance incurred by the Grantee, the Council, or both, may be deducted from recovery
obtained in accordance with sections 4.01 or 4.02 and reimbursed to the entity incurring such costs
before proceeds of the recovery are distributed in accordance with section 4.04.
4.04. Reimbursement. Subject to the deduction provided in section 4.03, amounts recovered either
by the Grantee or the Council from responsible persons and all other amounts otherwise received by
the Grantee or the Council for cleanup of the Site shall be used to reimburse the Grantee, the Council,
or any other nonresponsible party who contributed funds for cleanup of the Site in. proportion to
their respective payments for response costs. i
4.05. Survival of Recovery and Repayment Provisions. The provisions of sections 4.01
through 4.04 shall survive the expiration or termination of this Agreement.
V. AGREEMENT TERM
5.01. Term. This Agreement is effective upon execution of the Agreement by the. Council.
Unless terminated pursuant to section 5.02, this Agreement expires on the Expiration Date
identified at . Page 1 of this Agreement and ALL GRANT FUNDS NOT EXPENDED BY THE
GRANTEE PRIOR TO THE EXPIRATION DATE SHALL REVERT TO THE. COUNCIL.
5.02. Termination. This Agreement may be terminated by the Council for cause at any time
upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach
of this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to
the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project
activities described in Attachment A that have been completed prior to the termination.
Termination of this Agreement does not alter the Council's authority to recover grant funds on the
basis of a later audit or other review, and does not alter the Grantee's obligation to return any- grant
funds due to the Council as a result of later audits or corrections. If the Council determines the
Grantee has failed to comply with the terms and conditions of this Agreement and the applicable
provisions of the Metropolitan Livable Communities Act, the Council may take any action to
protect the Council's interests and may refuse to disburse additional grant funds and may require the
Grantee to return all or part of the..grant funds already disbursed.
5.03. .Amendments and Extension. The Council and the Grantee may amend this Agreement by
mutual agreement. Amendments or an extension of this Agreement shall be effective only on the
execution of written amendments signed by authorized representatives of the Council and the Grantee.
If the Grantee needs additional time within which to complete the grant -funded activities and .
commence the Project, the Grantee must submit to the Council AT LEAST NINETY (90) CALENDAR
Page 9 of 12 "Pages
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DAYS PRIOR TO THE EXPIRATION DATE, a resolution of the Grantee's governing body
requesting the extension and a written extension request. The form and content of the written
extension request and instructions for requesting an extension are available online at:
http.-11www.metrocouncil.org/servicesfNcomm/LCAGrantExtensions.htm. . THE EXPIRATION
DATE MAY BE EXTENDED ONLY ONCE. THE PERIOD OF THE ONE-TIME EXTENSION
SHALL NOT EXCEED ONE (1) YEAR BEYOND THE ORIGINAL EXPIRATION DATE
IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. The Grantee's extension request must be
approved by the governing body of the Metropolitan Council.
VI. GENERAL PROVISIONS
6.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation or age and will take affirmative action. to insure applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other
forms of compensation, and selection for training.
6.02. Conflict of Interest. The members, officers and employees of the Grantee. shall comply
with all applicable state statutory and regulatory conflict of interest laws and provisions.
6.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the
fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council
and its members, employees and agents from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from the conduct or
implementation of the Project activities funded by this grant, except to the extent the claims,
damages, losses and expenses arise from the Council's own negligence. Claims included in this
indemnification include, without limitation, any claims asserted pursuant to the Minnesota
Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 11513, the federal
Comprehensive Environmental Response,. Compensation, and Liability Act of 1980 (CERCLA) as
amended, United States Code, Title 42, sections 9601 et seq., and the federal Resource
Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, Title 42,
sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce
any other right or obligation of indemnity which otherwise would exist between the Council and the
Grantee. The provisions of this section shall survive the expiration or termination of this,
Agreement.. This indemnification shall not be construed as a waiver on the part of either the
Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes
chapter 466 or other applicable state or federal law.
6.04. Acknowledgments. The Grantee shall acknowledge the financial assistance provided by
the Council in promotional materials, press releases, reports and publications relating to the Project
activities described in Attachment A which are funded in whole or in part with the grant funds. The
acknowledgment should contain the following language:
Financing for this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund.
Page 10 of 12 Pages
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TAX BASE REVITALIZATION ACCOUNT
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Until the Project activities funded by this Agreement are completed, the Grantee shall ensure the
above acknowledgment language, or alternative language approved by the Council's authorized agent,
is included on all signs located at Project or construction sites that identify Project funding partners
or entities providing financial support for the Project.
6.05. Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state or federal licenses, permits, bonds,. authorizations or approvals necessary, to perform
or complete the Project activities described in Attachment A. The Grantee and its developer(s), if any,
must comply with all applicable licensing, permitting, bonding, authorization and approval requirements
of federal, state and local governmental and regulatory agencies, including conservation districts.
6.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any
subgrant, contract or subcontract for Project activities appropriate provisions to ensure subgrantee,
contractor and subcontractor compliance with all applicable state and federal laws and this
Agreement. Along with such provisions, the Grantee shall require that contractors and
subcontractors performing work covered by this grant obtain all required permits, licenses and
certifications, and comply with all applicable state and federal Occupational Safety and Health Act
regulations, especially the federal Hazardous'Waste Operations and Emergency Response standards
under Code of Federal Regulations, Title 29; sections 1910.120 and 1926.65.
6.07. Stormwater Discharge and Water Management Plan Requirements. If any grant funds
are used for urban site redevelopment, the Grantee shall at such redevelopment site meet or require
to be met all applicable requirements of-
(a)
f
(a) Federal and state laws relating to stormwater discharges including, without limitation, any
. applicable requirements of Code of Federal Regulations, Title 40, parts 122 and 123; and
(b) The Council's 2030 Water Resources Management Policy Plan and the local water
management plan for the jurisdiction within which the redevelopment site is located.
6.08. Authorized Agent. Payment request forms, written reports and correspondence submitted
to the Council pursuant to this Agreement shall be directed to:
Metropolitan Council
Attn: LCA Grants Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
6.09. Non -Assignment. Minnesota Statutes section 473.252, subdivision 3 requires the Council
to distribute grant funds to eligible "municipalities," metropolitan -area counties or "development
authorities" for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly, this Agreement is not assignable and shall not be assigned by the Grantee.
6.10. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's
behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's
Page 11 of 12 Pages
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TAX BASE REVITALIZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
and the Council's behalf respectively and that this Agreement constitutes the Grantee's and the
Council's valid, binding and enforceable agreements.
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed
by their duly authorized representatives. This Agreement is effective on the date of final execution
by the Council.
METROPOit
UN
By: Rick Getschow By: Guyerector
City Manager Community Development Division
Date: Date:
By: •.
Date:.
documentl0
Page 12 of 12 Pages
Revised 07/3012010
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ATTACHMENT A
APPLICATION" FOR TAX BASE REVITALIZATION ACCOUNT FUNDS
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Project identified in the application for Tax Base Revitalization Account grant funds submitted in
response to the Cotulcil's notice of availability of Tax Base Revitalization Account grant funds for
the Funding Cycle identified at Page 1 of this Agreement. The summary reflects the proposed
Project for which the Grantee was awarded grant funds by the Council Action, and may reflect .
changes in -Project funding sources, changes in funding amounts, or minor changes in the proposed
Project that occurred subsequent to application submission. The application is incorporated into
this Agreement by reference and is made a part of this Agreement as follows. If the application or
any provision in the application conflicts with or is inconsistent with the Council Action, other
provisions of this Agreement, or the Project summary contained in this Attachment A, the terms,
descriptions and dollar amounts reflected in the Council Action or contained in this Agreement and
the Project summary shall prevail.For the purposes of resolving conflicts or inconsistencies, the
order of precedence is: (1) the Council Action; (2) this Agreement; (3) the Project summary; and
(4) the grant application.
0
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may.
Project Summary
SGO10-157
Grantee: City of Hopkins Type Contamination Cleanup
Project Name: Retail Center
Project Location: 415 17th Av. North
Council District: 3 - Robert McFarlin
Project Description:
The applicant is requesting $131,342 in TBRA funding for environmental
investigation, asbestos abatement, soil remediation and soil vapor mitigation on a
0.9 -acre site that was formerly used as a food manufacturing business and more
recently by a plastic tubing manufacturer. The soil and groundwater was
contaminated by leaking storage tanks from a former onsite fuel oil tank and
leaking tanks from a former adjacent automotive repair business.
Funding:
Total Estimated Cleanup Cost
Amount Requested
Amount Awarded
Use of Funds
Deliverables:
$131,342 of which $124,342 is eligible
for TBRA funding
$131,342
$124,300 _
Environmental investigation, asbestos
abatement, soil remediation and soil
vapor mitigation (Bid preparation and
miscellaneous hazardous materials costs
are not eligible for TBRA funding.)
Expected benefits include the development of 9,748 square foot multi -tenant
commerclal retail building. (The projected number of jobs expected was discounted
due to the lack of end-user commitments.) Private investment is estimated to be
over $1.2 million.
Increase in annual net tax capa
Jobs
Affordable housini
Development Timeline:
Task
Complete environmental investigation,
asbestos abatement, soil remediation
and soil vapor mitigation.
Begin development of commercial retail
building.
$12,86_0_
34 FTE
NA
I Start Date I End Date
On or before
12/31/2012
On or before
12/31/2012