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DEMONSTRATION ACCOUNT <br />P t DEVELOPMENT G NT PROG <br />SIT O ', = ENTED DE LOP ENT (TOD) PROG M <br />WHEREAS, the Grantee represented in its application that certain land use guidelines or official <br />controls and other required threshold criteria were in place at the time of the application or that <br />certain land use guidelines and official controls and other required threshold criteria would be in <br />place within thirty-six (36) months from the date of the "Council Action" identified above; and <br />WHEREAS, the Council awarded Livable Communities Demonstration Account Pre -Development <br />TOD Grant Program funds to the Grantee subject to any terms, conditions and clarifications stated <br />in its Council Action, and with the understanding that the Pre -Development TOD Project described <br />in the application will proceed to completion in a timely manner, that all grant funds will be <br />expended prior to the "Expiration Date" identified above, and that the land use guidelines and <br />official controls and other required threshold criteria identified in the Grantee's application <br />currently are in place or will be in place as stated in the Grantee's application. <br />NOW THEREFORE, in reliance on the above statements and in consideration of the mutual <br />promises and covenants contained in this Agreement, the Grantee and the Council agree as follows: <br />I. DEFINITIONS <br />1.01. Definition of Terms. The terms defined in this section have the meanings given them in <br />this section unless otherwise provided or indicated by the context. <br />(a) Council Action. "Council Action" means the action or decision of the governing body of <br />the Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by <br />which the Grantee was awarded Livable Communities Demonstration Account Pre - <br />Development TOD Grant Program funds. <br />(b) County. "County" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington <br />Counties. <br />(c) Development Authority. "Development Authority" means a statutory or home rule charter <br />city, a housing and redevelopment authority, an economic development authority, or a port <br />authority in the Metropolitan Area. <br />(d) Future TOD Development Project "Future TOD Development Project" means the future <br />TOD development project described in the Grantee's application for Demonstration Account <br />Pre -Development TOD Grant Program funds that through its design and execution will <br />deliver benefits such as housing, connections, and/or jobs to the region. The Future <br />Development TOD Project for which the grant funds were awarded must be undertaken <br />within the Project Area. The Future TOD Development Project may recognize or <br />acknowledge regional park lands and regional trails that cross through or are located <br />adjacent to the Project Area, but the Pre -Development TOD Project may not include <br />regional park lands. <br />(e) Metropolitan Area. "Metropolitan Area" means the seven -county metropolitan area as defined <br />by Minnesota Statutes section 473.121, subdivision 2. <br />Page 2 of 10 Pages <br />