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DEMONSTRATION ACCOUNT <br />DEVELOPMENT GRANT PROGAM <br />TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM <br />the application for Livable Communities Demonstration Account TOD program grant funds <br />for which grant funds were requested that provides the deliverables upon which the <br />application was scored. Grant -funded activities typically are components of the Project. <br />(j) Transit Oriented Development. "Transit Oriented Development" means high density, mixed <br />use development adjacent to transit stations using pedestrian -friendly design standards. <br />II. GRANT FUNDS <br />2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are <br />from the Livable Communities Demonstration Account of the Metropolitan Livable Communities <br />Fund. The grant funds are derived from the property tax authorized by Minnesota Statutes section <br />473.253, subdivision 1 and are not from federal sources. <br />2.02. Total Grant Amount. The Council will grant to the Grantee the "Grant Amount" identified <br />at Page 1 of this Agreement. Notwithstanding any other provision of this Agreement, the Grantee <br />understands and agrees that any reduction or termination of Livable Communities Demonstration <br />Account TOD program grant funds made available to the Council may result in a like reduction in the <br />Grant Amount made available to the Grantee. <br />2.03. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under <br />this Agreement shall be used only for the purposes and activities described in the application for <br />Livable Communities Demonstration Account TOD program grant funds. The grant funds may be <br />used for reimbursement of real estate acquisition costs if: (a) the property was purchased within the <br />twelve-month period preceding the date by which the TOD grant program applications for the <br />Funding Cycle were due; (b) the real estate was purchased by the Grantee or by a not -for -profit or a <br />socially responsible developer; and (c) the Project will lead to the development of affordable housing <br />or will result in jobs retained, created or made more accessible to low-income and underserved <br />populations, including opportunities for entrepreneurship. Property holding costs are an eligible use <br />of grant funds but may not exceed five percent (5%) of the amount of the grant funds awarded for <br />property acquisition. A TOD Project Summary that describes eligible uses of the grant funds as <br />approved by the Council is attached to and incorporated into this Agreement as Attachment A. Grant <br />funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a <br />Participating Municipality. <br />2.04. Ineligible Uses. Grant funds must be used for costs directly associated with the specific <br />proposed Project activities and shall not be used for "soil costs" such as: administrative overhead; <br />travel expenses; legal fees; insurance; bonds; permits, licenses or authorization fees; costs associated <br />with preparing other grant proposals; operating expenses; planning costs, including comprehensive <br />planning costs; and prorated lease and salary costs. Except as provided in Section 2.03, the grant <br />funds may not be used for costs of Project activities that occurred prior to the grant award. A detailed <br />list of ineligible and eligible costs is available from the Council's Livable Communities program <br />office. Except for reimbursement for real estate acquisition and holding costs as provided in Section <br />2.03, grant funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or <br />loan funds obtained for the Project from other sources; or (b) Grantee contributions to the Project, <br />including financial assistance, real property or other resources of the Grantee. The Council shall bear <br />no responsibility for cost overruns which may be incurred by the Grantee or others in the <br />Page 3 of 11 Pages <br />