Agreement for Park Nicollet Site-4m
Cil Iv of 11opkinrs
July 17, 2012
Council Report 2012-077
METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT GRANT
SUB -RECIPIENT AGREEMENT FOR PARK NICOLLET SITE
Proposed Action
Staff recommends adoption of the following motion: Approve execution of sub -recipient
agreement with Klodt Development for environmental clean-up funds for the Park Nicollet 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 2011 round of TBRA grants the City of Hopkins was awarded $119,500
toward the clean-up of the vacant Park Nicollet site as a part of a mixed-use redevelopment.
The grant funds are specifically for asbestos abatement (including that related to demolition),
soil remediation and environmental monitoring. 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
At A M
ra Mare
Community Development Coordinator
Financial Impact: $ 0 Budgeted: Y/N Source: _PIR fund (501)
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2012-077
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 creation of an effective bicycle- and pedestrian -friendly corridor along 8th Avenue
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 Park
Nicollet 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 Park Nicollet
Clinic property located on the northwest quadrant of 8�" Avenue and First Street South 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, lead based paint and other hazardous materials located on the
Redevelopment Property.
C. At the request of the Redeveloper, the City applied for grant funds from the Tax Base
Revitalization Account of the Contamination Cleanup Site Investigation Grant Program for
transit -oriented development administered by the Metropolitan Council ("Council") to provide
funding for conducting asbestos and lead based paint abatement, soil remediation and
environmental monitoring and other cleanup activities as described in the Application and Grant
Agreement identified in Recital Paragraph D on the Redevelopment Property (which abatement,
cleanup and monitoring activities 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 $119,500.00, 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.
c:lHopcivlSubRe6pient Agmt.KlodtDevelopment.7.13.12
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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vAHcpciv\SubRecipient Agmt.Klod0evelopment.7.13.12
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, Section 606 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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aAHopciv4SubRecipient AgntKlodtDevelopment.7.13.12
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.
I. 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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o:VHopciOSubRecipient Agmt.Klod0evelopment.7.13.12
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 furnish 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.
I 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 M 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.
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cAHopcivlsubRecipient Agmt.KiodtDevelopment.7.13.12
B. Payment requests may be submitted no more than monthly and shall be
submitted on or before the first day of the month.
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, indenmify,
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
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rAHopciv\SubRecipient AgmtModOevelopment.7.13.12
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'
Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits.
8. 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 party 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
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cA14opcivlSubRecipient Agmt.KlodtDevelopment.7.13.12
Copy to:
Mr. Jeremy S. Steiner
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
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
r,AHopoiv\SubReaipient Agnt.KlodOevelopment.7.13.12
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 parry 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
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 through 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 be 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.
See Page 10 for Signatures
9
c:\Hopciv\SubRecipient Agmt.KlodtDevelopment.7.13.12
REDEVELOPER: CITY:
Eon
Its
10
aAHopciv\SubRecipient Agmt.l{IodtDevelopment.7.13.12
CITY OF HOPKINS
By
Its
EXHIBIT A
TAX BAST; REVITALIZATION ACCOI'N'I'
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
GRANTEE: City of Hopkins TGRANTNO. SG011-183 (12)
PROJECT: 8a' Avenue Corridor—Phase I
GRANT AMOUNT: $119,500.00 FUNDING CYCLE: 2011 Round 2
COUNCIL ACTION; April z5, 2012 EXPIRATION DATE: April 30, 2015
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
TH)$;_NT.: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
f..1 funds in the account to make grants to Municipalities or Development Authorities for the cleanup of
polluted land in the seven -county metropolitan area; and
WHEREAS, the Council has established an LCA Transit Oriented Development ("TOD") program
to help leverage the metropolitan area's public investment in its transit infrastructure; and
WHEREAS, the Grantee is a..Municipality or a Development Authority as defined in Minnesota
Statutes section 473.252, subdivisions 1 and 1 a; and
WHEREAS, the Grantee seeks. funding in connection with an application for Tax Base
Revitalization Account TOD grant program 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 "TOD Project" identified in the application;
and
WHEREAS, the Grantee represented in its application that certain land use guidelines or official
controls and other required threshold. criteria were in place at the time of the application or that
certain land use guidelines and official controls and other required threshold criteria would be in
place within thirty-six (36) months from the date of the "Council Action" identified above; and
WHEREAS,. the Council awarded Tax Base Revitalization Account TOD program grant funds to
the Grantee subject to any terms, conditions or clarifications stated in its Council Action, and with
Page I of 12 Pages
'1=�LLif'rvzc'r"i�rL�'sir A.��iri2 i�{+:..i i.ii:i�L.:.i ••_ .1 L.. .. - .. �. .-.r:. _. _ -.-- —._. .-� r_ .err F. �} I ... �.. �.. - w J�.....I
TAX BASE I•d.EVI"l,: LIZA"1 RYN1 A(-(:IMINT
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
the understanding that the TOD Project identified in the application will proceed to completion in a
timely manner, that all grant fiends will be expended prior to the "Expiration Date" identified above,
that TOD Project development or redevelopment construction will have "commenced" before the
Expiration Date, and that the land use guidelines and official controls and other required threshold
criteria identified in the Grantee's application currently are in place or will be in place as stated in
the Grantee's application.
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:
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 115B.175, subdivision 3.
(2) For asbestos contamination, the cost of implementing a project -specific asbestos project
plan for the Site and perfonning 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) Commenced. For the purposes of Sections 2.07 and 5.03, "commenced" means significant
physical improvements have occurred in furtherance of the TOD Project (e.g,, a foundation is
being constructed or other tangible work on a structure has been initiated), In the absence of
significant physical improvements, visible staking, engineering, land surveying, soil testing,
cleanup site investigation, or pollution cleanup activities are not evidence of TOD Project
commencement for the purposes of this Agreement.
(c) 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 Basc Revitalization Account TOD program grant funds.
Page 2 of 12 Pages
Frli
i
TAX BASE 11EVIT.& .IZATION ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
(d) 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.
(e) Afunicipality. "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.
(f) Named TDD Area, "Named TOD Area" means the TOD area identified by name and location
in the Grantee's application for TOD program funds and in the TOD Project Summary
attached to this Agreement.
(g) Participating Munlcipality. "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,
(h) Project Costs. "Project Costs" means all costs as defined in Minnesota Statutes section
116.1.552, subdivision 7.
(i) 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.
0) TOD Project. Unless clearly indicated otherwise by the context of a specific provision of this
Agreement, "TOD Project" means the TOD development or redevelopment project identified in
the application for Tax Base Revitalization Account TOD program funds for which grant funds
were requested. Grant -funded activities typically are components of the TOD Project.
(k) Transit Oriented Development. "Transit Oriented Development" means high-density, mixed-
use development adjacent to transit stations using pedestrian -friendly design standards.
11. 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 funds 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 TOD program 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 TOD program funds. A TOD 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
Page 3 of 12 Pages
TAX li;.'lS[' Ilii VI'I'AI.IZA'1'l()N AC(
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
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 for a grant
under Minnesota Statutes sections 1164.551 to I IW.557.
2.03. Ineligible Uses. Grant funds must be used for costs directly associated with the specific
proposed TOD 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 TOD 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) TOD 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.
A detailed list of ineligible and eligible costs is available from the Council's Livable Communities
program office. Grant funds also shall not be used by the Grantee or others to supplant or replace:
(a) grant or loan funds obtained for the TOD Project from other sources; or (b) Grantee contributions
to the TOD Project, including financial assistance, real property or other resources of the Grantee. '1 he - •.
Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in
the implementation or performance of the TOD Project activities, The Grantee agrees to comply with
any "business subsidy" requirements of Minnesota Statutes sections 1161993 to 1161995 that apply
to the Grantee's expenditures or uses of the grant funds.
2.04. Loans for Low-income Housing Tax Credit Projects. If consistent with the application
and the TOD Project activities described in Attachment A or if requested in writing by the Grantee,
the Grantee may structure the grant assistance to the TOD 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 Sections 2.02 and 2.03 and the following additional terms and conditions:
(a) The Grantee covenants and represents to the Council that the TOD 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 execute a loan agreement with the Project Owner. Prior to disbursing any
grant funds for the TOD Project, the Grantee will provide to the Council a copy of the loan
agreement between the Grantee and the Project Owner.
Page 4 of 12 Pages
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CONTAMINATION CLEANUP GRANT PROGAM
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(c) The Grantee will submit annual written reports to the Council that certify: (1) the grant funds
continue to be used for the TOD Project for which the grant funds were awarded; and (2) the
TOD 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 1 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 TOD
Project components for which the Grantee was awarded the grant funds. For the purposes of
this Agreement, the term "Project Owner" means the current owner of the low-income
housing project and any Project Owner successor(s).
(e) Pursuant to Section 2.03, 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 TOD Project from other
sources; or (2) Grantee contributions to the TOD 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.
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 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
Page 5 of 12 Pages
TAX [SASE .NEVI—rokLIZATION AC(:M NT
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TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
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 TOD 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 TOD Project activities for which the grant was awarded; or (2) remit the
interest earnings or 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.
2.05. Deferred Loans. if consistent with the application and the TOD 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 TOD 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 Mll 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; (a) permit the Grantee to use loan repayments to continue supporting affordable
housing components of the TOD Project; or (b) require the Grantee to _remit the grant funds to the
Council.
2.06. Restrictions on Loans by Subgrantees.
subrecipient to use the grant funds for loans to
obtains the prior written consent of the Council.
included in all subgrants.
The Grantee shall not permit any subgrantee or
any subrecipient at any tier unless the Grantee
The requirements of this Section 2.06 shall be
2.07. TOD Project Commencement and Changes. The TOD Project for which grant funds
were requested must be "commenced" prior to the Expiration Date. The Grantee must promptly
inform the Council in writing of any significant changes to the TOD Project for which the grant
funds 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 TOD Project or
significant changes to grant -funded components of the TOD 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 TOD
Project or grant -funded activities described in Attachment A.
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 grant -funded TOD 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 grant -funded TOD Project activities that occurred prior to
Page 6 of 12 Pages
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T'A`ti. BASF REVITALIZATION TI{. N ACC(li NT'
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
the Expiration Date and the eligible expenses were incurred prior to the Expiration Date. Unspent
{ or unused grant fiends 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.
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 will be provided to the Grantee by the Council. 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 TOD Project activities actually have been
completed. Subject to verification of each pa yment 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 and verified payment request form.
2.10. Interest Earnings, If the Grantee ears 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 TOD Project activities described in Attachment
A.
2.11. Effect of Grant. Issuance of this giant 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 TOD Project and executing this Agreement, the Council
assumes no responsibility for: (a) any damage to persons, property, or time environment caused by
Site cleanup activities or implementation of the TOD 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 TOD 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 TOD Project activities or six (6) years following the expenditure of
the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 160.05,
f , subdivision 5, the books, records, documents and accounting procedures and practices of the
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TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
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.'
3.03. Report Requirements. The Grantee will report to the Council on the status of the TOD
Project activities described 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. However, if the Grantee has not submitted any payment
request form during the first three months of the term of this Agreement, the Grantee must submit
quarterly reports prior to the Grantee's first draw down. The Grantee also must complete and
submit to the Council a grant activity closeout report. The closeout report form must be submitted
within 120 days after the expiration or termination of this Agreement. 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 15 of the year following the expiration of this
Agreement and by April 15 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
1158.01 to 115B.08 to address the identified release; or
(b) For asbestos contamination, either: (1) 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 (2) 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 115C; or
(d) For lead abatement or regulated lead work: (1) a copy of the contractor firm certification to
conduct lead-based paint activities in residential or child -occupied facilities per Code of Federal
Regulations, Title 40, section 745.89 and Minnesota Statutes section 144.9505; and (2) a
statement or other documentation from the certified contractor that the lead abatement or
Page 8 of 12 Pages
Ti
TAX BASE REVITAIAZA110N ACCOUNT
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
;.: regulated work at the Site has been completed in accordance with applicable provisions of Code
of Federal Regulations, Title 40, part 745 and state laws, rules and standards governing lead
abatement according to the Lead Poisoning Prevention Act, Minnesota Statutes sections
144.9501 to 144,9512 and Minnesota Rules parts 4761.2000 to 4761,2700.
0
IV. RECOVERY AND REPAYMENT
4.01, Recovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota
Statutes section 11513.04, or other law, to recover the reasonable and necessary Project Costs incurred
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.
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. 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 TOD 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
Page 9 of 12 Pages
El
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TAX x: 13; SE. kE-VI`1'Al.l;fATION A 'f0UN'F
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
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 TOD Project, the Grantee must submit to the Council AT LEAST NINETY (90)
CALENDAR 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.metrocounciLorg. THE EXPIRATION DATE MAY BE EXTENDED, BUT THE
PERIOD OF ANY EXTENSION(S) SHALT. NOT EXCEED TWO YEARS BEYOND THE
ORIGINAL EXPIRATION DATE IDEN'T'IFIED AT PAGE 1 OF THIS AGREEMENT.
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 TOT) 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 (MTRLA), Minnesota Statutes chapter 115B, 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 of 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.
Page 10 of 12 Pages
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TAX BASE Rl,.' 'l1'.ti1.. ZAT10N ACCOUNT
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,. 6.04. Acknowledgments and Signage. The.Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports and publications relating to
the TOD project activities described in Attachment A which are funded in whole or in part with the
grant funds. The acknowledgment will contain the following or comparable language: -
Financing for. this project was provided by the Metropolitan Council
Metropolitan Livable Communities Fund
Until the TOD Project is completed, the Grantee will ensure the above acknowledgment language, or
alternative language approved by the Council's authorized agent, is included on all signs (if any)
located at TOD Project or construction sites that identify TOD Project funding partners or entities
providing financial support for the TOD Project. The acknowledgments and signage should refer to
the "Metropolitan Council" (not "Met Council" or "Metro Council").
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 TOD 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 TOD 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
arc used for urban site redevelopment, the Grantee shall.at such redevelopment site meet or require
to be met all applicable requirements of-..
(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 2030Water 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:
Page 11 of 12 Pages
M-4 4
�-_I —r____.__N•.r!_-s rrs=__----'�aserif_:.._._. i_=3==_.i-it—L.` .rr=___ = 51•�!� == -a— rlllf—ter Fi�F= i't
TAX RASL REVITALIZATION ACC01!N- T'
CONTAMINATION CLEANUP GRANT PROGAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
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
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.
GRANTEE METROPOLITAN COUNCIL
By:
Eu enc Maxwell Gu Peterson Director
g Y
or of the City o�Ukins Community Development Division'
Date: Date:
0
City Manager
Page 12 of 12 Pages
0
ATTACHMENT A
TOD PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
TOD Project identified in the application for Tax Base Revitalization Account TOD program grant
funds submitted in. response to the Council'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 TOD Project for which the Grantee was awarded grant funds by the Council
Action, and may reflect changes in TOD Project funding sources, changes in funding amounts, or
minor changes in the proposed TOD 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 TOD 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 TOD 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 TOD Project Summary; and (4) the grant application.
�1
Transit Oriented Development Project Summary
Type: TOD Development, Cleanup and Grant #; SG011-183
Investigation`'`
Applicant City of Hopkins
Project Name 8th Avenue Corridor — Phase 1
Project Location IS 9"' Avenue North, 815 15t Street South, 22 8th Avenue North and
14 8th Avenue North in Hopkins
Council District 3 -- Jennifer Munt TOD Area Name; Hopkins Station
Funding
Requested — 119,500 Recommended ~�
amount $ amount $ 119,500
Project Detail:
Project summary
The TOD project addresses a corridor from the Hopkins Station to the
Minnetonka LRT reglonal trail along 8th Avenue In downtown Hopkins,
using a comprehensive approach to create the optimal link between the
Station and Mainstreet. The approach has three major components: design
and build a streetscape along 8th Avenue that uses bicycle lanes, public
art, sidewalks, and other TOD standards to link the Station to Mainstreet;
assemble and prepare land for a shared public parking ramp on 8th
Avenue north of Mainstreet to direct parking needs away from the Station
and TOD within 1/4 mile; and provide environmental cleanup and
demolition funds for a TOD project on the 8th Avenue corridor. All TBRA
cleanup work will be done on the Park Nicollet site.
Jobs
4
Total housing units
127 market rate units
0 _
$427,000
Private investment
Other public
investment
___ __
The project will stimulate development potential and market viability for
comments/
Demonstration
TOD for the long-term, and in the short term, on five key properties just
value
west of 8"' Avenue, by enhancing the pedestrian experience and station
linkage to downtown Hopkins and its Main Street area; facilitate
development of a 64 -unit rental residential project on the site of a vacant
medical clinic by providing demolition funds; consolldate parking in the
downtown, so as to open up surface parking sites for addltlonal
development; and Improve the streetscape along 8'h Avenue, the main
thoroughfare that will connect Downtown Hopkins with the Southwest LRT
station, thus better serving LRT patrons originating in Downtown Hopkins
and drawing LRT passengers into the downtown.
Acres
0.3 Estimated cleanup cost 11316,000
Use of Funds — TBRA Cleanup
Uses to be completed by 4/30/2015
Asbestos abatement; environmental monitoring; soil remediat