Agenda - Council - 04/28/2015 - Laserfiche WebLink

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DEMONSTRATION ACCOUNT DEVELOPMENT GRANT TRANSIT ORIENTED DEVELOPMENT (TOD) WHEREAS, the Council awarded Livable Communities Demonstration Account TOD program grant funds to the Grantee subject to any terms, conditions and 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, that all grant funds will be expended prior to the "Expiration Date" identified above, 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) Commenced. For the purposes of Sections 2.08 and 4.03, "commenced" means significant physical improvements have occurred in furtherance of the 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 Project commencement for the purposes of this Agreement. (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 Livable Communities Demonstration Account TOD program grant funds. (c) County. "County" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties. (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. (e) Metropolitan Area. "Metropolitan Area" means the seven -county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (f) Municipality. "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254. 2014 LCDA TOD Development SG2014-088 Page 2 of 12 revised 10/01/14