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HomeMy WebLinkAboutContract 1977TAX BASE REVITALIZATION ACCOUNT 1977 GRANTEE: City of Columbia Heights GRANT NO. SG006-175 PROJECT: Columbia Heights Industrial Park - II North Lot GRANT AMOUNT: $19,1.00.00 FUNDING CYCLE: Fall 2006 COUNCIL ACTION: January 17, 2007 END DATE: December 31, 2008 METROPOLITAN LIVABLE COMMUNITIES ACT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement"1 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 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 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 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 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 ,_~_ ~ ,_~,._ ~ ~ •r a • ,__ ,: ~~~:_ a flits t-~greeYi~ent to iicip funu ti7e project idelitliieu in tiic appii~aii~iZ; anu WHEREAS, the Council awarded Tax Base Revitalization Account grant funds to the Grantee subject to the Council's eminent domain policy and any teens, conditions or 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 and all grant funds will be expended prior to the "End Date" identified above. 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 teens defined in this paragraph have the meanings given. them. itt this paragraph unless otherwise provided or indicated by the context. Page 1 o f 9 Purges ~, TAX BASE REVITALIZATION ACCOUNT (a) "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 immplementing aproject-specific asbestos project plan for the Site and performing 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 Mirulesota 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) "Council Action" means the action or decision of the goverling body of the Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by which the Grantee was awarded Tax Base Revitalization Account grant funds. (c) "De~~eloprnent Az thof^ih,„ means a statutory or home rule charter city, a housing and redevelop- ment authority, an economic development authority, or a port authority in the metropolitan area as defined by Minnesota Statutes section 473.121, subdivision. 2. (d) "Municipality' means a statutory or home rule charter city or town participating in the Local Housing Incentives Program under Mim~esota Statutes section 473.254, or a county in the metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (e) "Paf°ticipating Mi~~nicipality" means a statutory or home rule charter city or town that has elected to participate in the Local I-lousing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. (f) "Project Costs" means all costs as defined in Minnesota Statutes section 1161.552, subdivision 7. (g} "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. IL GRANT FUNDS 2.01 Total Graatt Araa®unt. The Council will grant to the Grantee the "Grant Amount" identified at Page 1 of this Agreement which shall be funds fom the Tax Base Revitalization Account of the Metropolitai~z Livable Communities Fund. Notwithstanding any other provision of this Agreement, the Grantee understands and agrees that any reduction or termination of Tax Base Revitalization Page ' o f 9 Pages TAX BASE REVITALIZATION ACCOUNT Account 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 funds. A project suinimary 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 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 116J.551 to 116J.557. Grant funds must be used for costs directly associated with the specific pro-posed activities for which the grant funds were awarded and shall not be used for "soft costs" such as: administrative overhead; travel expenses; legal fees; local 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 activities that occurred prior to the grant award, unless the pre-award costs were for investi-gation and cleanup work that occurred within 180 days of the Funding Cycle application due date and are identified in Attachment A. 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 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. 2.03 Eminent Domain Restrictions. On January 25, 2006 the Council adopted a policy that restricted the use of LCA grant funds on projects when eminent domain authority was used to acquire private property for `'economic development" purposes in connection with the projects. The Council's policy defined the term ``economic development" for LCA program purposes and covers the time period from January 25, 2006 to June 28, 2006. On June 28, 2006 the Council adopted a revised eminent domain policy that is consistent with the statutory definitions and restrictions contained in Minnesota Statutes chapter 117 as amended (effective May 20, 2006) during the 2006 legislative session. The revised policy applies to LCA grant awards and grant agreements made on Or aTCeT June L8, LUU6. 1 ne L-OUi1Cn S JallUary 2J, ~UGu Attu Juuc Go, LUC6 c311iilcui viTialil pv iCicS are available online at: http://vuww.metrocouncil.org/services/livcomm/EminentDomainPolicy.htm. (a) If a notice of petition was served between January 25, 2006 and May 20, 2006 in connection with the Grantee's project (or airy component of the project) for which grant funds were awarded, the grant funds may not be used to fund or support the project unless the project: (1) would have been eligible under the Council's January 25, 2006 policy; or (2) qualifies for an exemption under Minnesota Statutes section 117.012,. subdivision 3 or 2006 Minnesota Laws chapter 214, section 22, clauses (b) through (e). (b} If a notice of petition was served on or after May 20, 2006 in caru~ection with the Grantee's project (or any component of the ;project) for which grant funds were awarded, the grant fiords may not be used to i:und or support the project unless the project qualifies far an exemption under Minnesota Statutes section 117.012, subdivision 3 or 2006 Minnesota Laws chapter 214, section 22, clauses (b) through (e). Page 3 q f y Pages TAX BASE REVITALIZATION ACCOUNT 2.04 Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt maimer: any unspent grant funds, including any grant funds that are not expended prior to the End 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 Paragraph 2.06 that are not used for the purposes of implementing the project activities described in Attachment A. For the purposes of this Agreement, grant funds are "expended" prior to the End Date if the Grantee pays or is obligated to pay for expenses of eligible project activities that occurred prior to the End Date and the eligible expenses were incurred prior to the End Date. Unspent or unused grant funds 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. 2.05 Payment Request Forms and Disbursements. The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council's authorized agent. Written disbursement requests shall be made using pa}nnent request forms, the form and content of which will be determined by the Council. Payment request and other reporting forms are available online at: http://www.metrocouncil.org/services/livcomm/LCAresources.htm. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Subject to verification of each payment request form 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 payment request form. 2.06 Interest Earnings. If the Grantee earns 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 project activities described in Attachment A. 2.07 Effect of Grant. Issuance of this grant 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. 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 Paragraphs 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 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 project activities or six (6) years fallowing the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section 16C.05, subdivision S, the books, records, documents and accounting procedures and practices of the 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, far a minimum of six (6} years. Page 4 o f 9 Pages ~ TAX BASE REVITALIZATION ACCOUNT 3.03 Report Requirements. The Grantee will report to the Council on the status of the project activities described. in Attachment A and the expenditures of the grant funds. Submission of properly completed pa~mlent request forms required under Paragraph 2.05 will constitute periodic status reports. The Grantee also must complete and submit to the Council within sixty (60) days after the termination or expiration of this Agreement a final monitoring and evaluation report, the Porn and content of which report will be determined by the Council In addition to the periodic status reports and the final monitoring and evaluation report, the Grantee must submit to the Council by March 1 of the year following the expiration. of this Agreement and by March 1 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. If the project activities described in Attachment A are not completed when this Agreement expires, the Grantee must continue to submit the annual written report described in the preceding sentence: (a) until the project activities are completed and for three (3) years after the project activities are completed; or (b) for five (5) years following the expiration of this Agreement, whichever time period is shorter. The fore and content of the annual written report will be determined by the Council. The reporting require- ments of Paragraphs 3.03 and 3.04 shall survive the termination or expiration. 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 115B175, 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 115B.01 to 115B.08 to address the identified release; or (b) for asbestos contamination, a copy of a statement from the Grantee's licensed asbestos abate- ment 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 (c) for petroleum contamination, a copy of a site closure letter issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutes chapter 1150; or (d) for lead abatement or regulated lead work, a copy of a statement or other documentation from the certified contractor that the lead abatement or regulated lead work at the Site has been completed in accordance with applicable federal and state laws, rules and standards governing lead abatement. IV. RECOVERY AND REPAYMENT 4.01 ~Reeovery of Funds. If the Grantee recovers funds pursuant to an action under Minnesota Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred to cleanup the Site, the Grantee shall repay to the Council that portion of the grant as provided in Paragraph 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 Para~aph 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. Page S v f ` 9 Pages ~ TAX BASE REVITALIZATION ACCOUNT 4.03 Expenses of Recovery. The reasonable litigation expenses or other costs of legal or teclnlical assistance incur•ed by the Grantee, the Council, or both, maybe deducted from recovery obtained in accordance with. Paragraphs 4.01 or 4.02 and reimbursed to the entity incurring such costs before proceeds of the recovery are distributed in accordance with Paragraph 4.04. 4.04 Reimbursement. Subject to the deduction provided in Paragraph 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 reunburse 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 Paragraphs 4.01 through 4.04 shall. survive the expiration or termination of this Agreement. V. AGREEI!'IENT TERll~I 5.01 °I`erm. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Paragraph 5.02, this Agreement terminates on the End Date identified at Page 1 of this Agreement and ALL GRANT FUNDS NOT EXPENDF,D BY THE GRANTEE PRIOR TO THE END 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 End Date, the Grantee shall receive payment on a pro rata basis for eligible 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 terns and conditions of this Agreement and the applicable provisions of the 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 Extensions. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments or extensions of this Agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. The End Date may be extended beyond the original End Date identified at Page 1 of this Agreement if, AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO THE END DATE, the Grantee's authorized representative submits a written extension request that: (a) states the reason for the extension request; (b} identifies a new completion date, which shall not exceed one year beyond the original End Date; and (c) describes in reasonable detail any proposed changes to the project activities and budget. THE END DATE MAY BE EXTENDED ONLY ONCE. THE PERIOD OF THE ONE-TIME EXTENSION SHALL NOT EXCEED ONE (1) YEAR BEYOND THF, ORIGINAL END DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. Any additional extension requests from the Grantee must be approved by the governing body of the Metropolitan Council. Page 6 o f y Pages ~, TAX BASE REVITALIZATION ACCOUNT VI. GENERAL PROVISIONS 6.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for emplo}nnent because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, i~nembership 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 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 indemnfication include, without linutation, any claims asserted pursuant to the Minnesota Environ-mental Response and Liability Act (MERLA}, Miimieseta Statutes chapter llSB, the federal Comprehensive Environ- mental 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 et 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 paragraph shall survive the 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. 6.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the Council in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following language: Firzai~cing ,for this project ~~as provided by tie Metropolitan Coi.~ncilllletropolitalz Livable Coy72~nz2tinitzes Fund. Until the project activities funded by this Agreement are completed, the Grantee shall ensure the above acknowledgment language, or alternative language approved by the Council's authorized agent, is included on all signs located at project or construction sites that identify project funding partners or entities providing financial support for the project. 6A5 Pernuts, 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 project activities described in Attachment A. 6.06 Subgrantees, Contractors and Subcontractors. The Grantee shall include in any subgrant, contract or subcontract for project activities appropriate provisions to ensure subg7-antee, 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 Page 7 u f y Pa ges ~» TAX BASE REVITALIZATION ACCOUNT covered by this grant obtain all required permits, licenses and certifications, and comply with all applicable state and federal Occupational Safety and Health Act regnilations, 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 are 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 stoni~water discharges including, without limitation, any applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and. (b) the Council's 2030 Tinter Resoi~~~ces 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: Metropolitan Council Attn: LCA Grants Administration 390 Robert Street North Saint Paul, Minnesota 55101-1805 6.09 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 executed by their duly authorized representatives execution by the Council. yf, °'_~.,~. GRANTEE ~' ~.. ~ ,~ By -__ ' ~/ t .'~`~q/"9 ~^ gr ~t..,, "-^'~-"" ...-... Title `' . ~, ;~'~~ Date , -- i -, - ~ <„"'7 By o S0006175TBRA the Council have caused this Agreement to be This Agreement is effecti"'on the date of final METROPOL>ITAl~,T COUNCIL x' ~ ,r By Director, Housing and Livable Communities Date `'~.` - ~'---~ ~~"" 01 /07 Page ~5' off., y Pages ~, TAX BASE REVITALIZATION ACCOUNT ATTACHMENT A APPLICATION FOR TAX BASE REVITALIZATION ACCOLtNT FUNDS This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the project identified in the application for Tax Base Revitalization Account 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 I of this Agreement. The summary reflects the proposed project for which the Grantee was awarded grant funds by the Council Action, and may reflect changes in project funding sources, changes in funding amounts, or minor changes in the proposed 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 project summary contained in this Attachment A, the teens, descriptions and dollar amounts reflected in the Council Action or contained in this Agreement and the 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 project summary; and (q) the grant application. Page y v f ~} Page. °° Columbia Heights Industrial Park - II North Lot (71 points) Location: 3800 5`n Street, Columbia Heights, MN 55421 (Parcel 12, NW corner of 5`~' Street and Lookout Place) Council District: 2 -Tony Pistilli Acres: 8.85 Estimated CIeanup Cost: $1,478,163 for soil remediation Funding request: $19,120 in TBRA fitnds; $110,308 in DEED fitnds Funding previously awarded includes $288,892 from TB12A and $582,897 from DEED in the Fall 2004 cycle. Private Investment: $28,800,000 Increase in Net Tax Capacity: $322,538 Affordable Housing Units: 1 on North Lot (15 for Phase II) Project Summary The applicant is requesting $19,120 in supplemental TBRA funds as matching finds to a supplemental request of $110,308 in DEED funds for the soil remediation of an additional portion of an 8.85-acre site with. various former uses including a foundry, machine shops, plating operations, automotive repair and chemical manufacturers. Contamination identified includes 3,370 cu. yds. of foundry waste. Expected benefits from. Phase II of the development include the construction of 124 towrtltomes with an increase of $322,538 in net tax capacity and $28.8M of private investment. Previous funding includes $288,892 from TBRA and $582,897 from DEED in the Fall 2004 application cycle. ~"(