Agenda - Council - 03/11/2014 - Laserfiche WebLink

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DEMONSTRATION ACCOUNT P-DEVELOPMENT Gk NT PROG T 'NSIT 0z ENTED DEVELOP ENT (TOD) FROG eligible Pre -Development TOD Project activities. Local match contributions must cover grant - eligible Pre -Development TOD Project activities, and they must be contributed after the date of the Council Action and before the Expiration Date identified at Page 1 of this Agreement. The local match contribution may be allocated among different grant -eligible activities of the Pre - Development TOD Project. 2.04. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under this Agreement shall be used only for the purposes and activities described in the application for Livable Communities Demonstration Account Pre -Development TOD Grant Program funds. A Pre - Development TOD Project Summary that describes 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 to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a Participating Municipality. 2.05. Ineligible Uses. Grant funds must be used for costs directly associated with the Pre - Development TOD Project activities for which the Council awarded grant funds and shall not be used for: land acquisition, demolition, infrastructure, or construction costs; administrative overhead; travel expenses, food or beverages; legal fees; insurance; bonds; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses, other than staff time used as in - kind local match contributions; planning costs that are not identified as eligible grant -funded activities in the 2012 TOD Grants Application Guide (updated 7/30/12 & 8/1/12), including comprehensive planning costs; prorated lease and salary costs; and marketing expenses. Grant funds may not be used for Pre -Development TOD Project costs that occurred prior to the grant award. 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 Pre -Development TOD Project from other sources; or (b) Grantee contributions to the Pre -Development TOD Project, including financial assistance 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 performance of the Pre -Development TOD 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. 2.06. Restrictions on Loans. The Grantee shall not use the grant funds to make loans to any subgrantee or subrecipient, and the Grantee shall not permit any subgrantee or subrecipient to use the grant funds for loans to any subrecipient at any tier. The requirements of this Section 2.06 shall be included in all subgrant and subrecipient agreements. 2.07. Pre -Development TOD Project Changes. The Grantee must promptly inform the Council in writing of any significant changes to the Pre -Development TOD Project activities described in Attachment A. Failure to inform the Council of any significant changes to the Pre -Development TOD Project or significant changes to grant -funded Pre -Development TOD Project activities, 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 the Pre -Development TOD Project or the grant -funded • activities described in Attachment A. Page 4 of 10 Pages