Attachment 11_TM 8.5E IVGID Funding Agreement Tahoe Meadows.pdf

A Funding Agreement Between the State of Nevada Acting By and Through Its Division of State Lands and the

Conservation and Resource Protection Grant Program (Grantor)

901 S. Stewm1 St., Suite 5003, Carson City, NV 89701 phone: (775) 684-2720 fax: (775) 684-2721

And

Incline Village General Improvement District (Grantee)

893 Southwood Blvd., Incline Village, NV 89451-1268 phone: (775) 832-1268 fax: (775) 832-1331

WHEREAS, at the general election on November 5, 2002 Nevada's voters approved a conservation initiative generated by Assembly Bill 9, Statutes of Nevada, 17th Special Session of the 2001 Nevada State Legislature, Chapter 104, referred to as Question 1, and authorized the issuance of general obligation bonds in the face amount of $200,000,000 to carry out this program; and WHEREAS, the Nevada legislature authorized the State Land Registrar to establish a conservation and resource protection grant program and administer the issuance of general obligation bonds in the face amount of $65,500,000; and WHEREAS, $5,000,000 of the above $65,500,000 is allocated to the acquisition of land and water, or interests in land and water for urban parks and greenbelts; and WHEREAS, the State Land Registrar has determined this project is both necessary and in the best interests of the State of Nevada;

NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows:

1. REQUIRED APPROVAL. This Funding Agreement shall not become effective until and unless approved by the State Land Registrar and the governing body of the Incline Village General Improvement District.

2. DEFINITIONS. "Grantor" means the State of Nevada and the Division of State Lands, its officers and employees. "Grantee" means Incline Village General Improvement District. "Parties" means the Grantor and Grantee.

3. FUNDING AGREEMENT TERM. This Funding Agreement shall be effective from July 1, 2006 to December 31, 2008, unless sooner terminated by either party as specified in paragraph 10 herein.

4. NOTICE. All notices or other communications required or permitted to be given under this Funding Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other parties at the addresses specified above.

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Sec. 12. "Historic or cultural resources" means any surviving evidence that relates to the history of the use of the land from the earliest human occupation to recent historical activities.

Surviving evidence may include, without limitation, sites, structures, districts, objects, artifacts am/ historic documents associated with or representative of peoples, cultures, and human activities and events from any period of time, including, without limitation, the present.

Sec. 13. "Matching contribution" includes money or anything of value, including, without limitation, the use of personnel, materials or equipment that is expended on a project.

Sec. 14. "Municipality" means an incorporated city, an unincorporated town created pursuant to chapter 269 of NRS or a general improvement district created pursuant to chapter

318ofNRS.

Sec. 15. "Nonprofit conservation organization" means a nonprofit organization that has as part of the mission of the organization the acquisition of property for conservation purposes.

Sec. 16. "Nonprofit organization" means an entity or organization that is exempt from federal income taxation pursuant to 26 U.S.C. § 50J(c)(3).

Sec. 17. "Open-space plan" means an inventory of undeveloped and semideveloped land or resources with a plan for the long-term preservation and conservation of that land. The plan may include a provision for dispersed recreational opportunities on the land.

Sec. 18. "Project" includes, without limitation, preparation of an open-space plan, preparation of a habitat conservation plan, acquisition of an interest in land or water for the purposes of protection or enhancement of a wildlife habitat, protection of sensitive or unique vegetation, protection of historic or cultural resources, protection of riparian corridors or

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' I wetlands, construction of a recreational trail, enhancement and restoration of the Carson

River corridor, development of the path system in the Lake Tahoe area and other environmental activities.

Sec. 19. "Public benefit" means the outcome of a project or acquisition that obtains, protects or preserves the benefits of property or natural resources within the State of Nevada for the public.

Sec. 20. "Recreational facility" means a facility for the use am/ enjoyment of an outdoor recreation area that provides an opportunity for the observation, interpretation or enjoyment of natural resources.

Sec. 21. "Recreational trail" means a trail, pathway or similar area for walking, hiking, bicycling, horseback riding, exercising, paddling, swimming or any other recreational activity if the activity does not have an adverse impact on a threatened or endangered species, wetland, riparian corridor, wildlife habitat, sensitive or unique vegetation or other important natural resource.

Sec. 22. "Riparian corridor" means land related to or located on the bank of or adjacent to a natural or artificial waterway, including, without limitation, a river, an intermittent or permanent creek or stream, a gully where surface water collects, a wetland, a lake or a ditch, if the land exhibits plant types unique to areas with periodic or perennial water sources of a magnitude greater than the surrounding uplands.

Sec. 23. "Sensitive or unique vegetation" means any species, cluster of species or type of habitat designated as sensitive or unique vegetation by an appropriate federal or state agency, any species of vegetation in a declining trend, any species of vegetation that has

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<' ' \ I ' ' characteristics that have been identified as worthy of special consideration or any species of vegetation that is highly restricted in distribution or that occurs only in a very specialized habitat.

Sec. 24. "State agency" means any agency, department or division of the Executive

Department of this state and includes the University and Community College System of

Nevada.

Sec. 25. "Urban park" means land located in a community of any size that provides an opportunity for casual recreational activiiy and includes, without limitation, any natural area, area of scenic value, area of physical or biological importance, wildlife area, land that provides outdoor community space and land that provides a connection to another public area.

Sec. 26. "Wetland" means land having a water table at, near or above the land surface, or land that has been saturated with water for a period of time long enough to promote wetland or aquatic processes indicated by hydric soil, hydrophytic vegetation and other biological activity adapted to a wet environment.

Sec. 27. "Wildlife habitat" means a diverse area with a combination of necessary resources and environmental conditions that promotes a population of at least one wildlife species and allows that species to flourish and reproduce.

Sec. 28. "Wildlife species" means any species of animal, including, without limitation, insects, amphibians, reptiles, and other vertebrates and invertebrates.

Sec. 29. 1. The Division will award grants of money from the sale of general obligation bonds of this state to counties, municipalities, state agencies or nonprofit organizations, or any combination thereof. The money will be distributed as follows:

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(a) Not more than $7,250,000 to a state agency, county, municipality or nonprofit organization, or any combination thereof, for the construction of recreational trails. A recreational trail constructed with money awarded pursuant to this paragraph may include signs, markings, access points, staging areas, trailheads and directly related improvements such as restrooms and shade structures. Such a recreational trail may also include landscaping or revegetation with any associated irrigation equipment but only in an area around an improvement that requires landscaping or revegetation for slope stabilization as a direct result of the construction of the improvement.

(b) Not more than $5,000,000 to a state agency, county, municipality or nonprofit organization, or any combination thereof,for the acquisition of land and water or interests in land and water for urban parks or greenbelts.

(c) Not more than $3,000,000 to a state agency, a county whose population is less than

100,000 or a municipality within a county whose population is less than 100,000, or any combination thereof, for the development of habitat conservation plans.

(d) Not more than $250,000 to a county whose population is less than 100,000 or a municipality within a county whose population is less than 100,000, or any combination thereof, for the development and adoption of open-space plans.

(e) Not more than $20,000,000 to a county or a municipality within a county, or any combination thereof,for the acquisition of land and water or interests in land and water to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an adopted open-space plan.

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(I) Not more than $10,000,000 to Churchill Co11nty, Douglas County, Lyon Co11nty, Carson City or a municipality located within those counties, or any combination thereof, to enhance and restore the Carson River corridor. Money awarded pursuant to this paragraph must be used to:

(1) Acq11ire and develop land and water rights;

(2) Provide recreational facilities,·

(3) Provide access to and along the Carson River, inclllding, without limitation, parking areas; or

(4) Restore the Carson River corridor.

(g) Not more than $5,000,000 to Do11glas County, Washoe Co11nty, Carson City or a municipality located within those co11nties, or any combination thereof, to enhance and develop the path system in the Lake Tahoe area.

2. The Division may enter into contracts or agreements with nonprofit conservation organizations in an amo11nt not to exceed $15,000,000 to acq11ire land and water or interests in land and water for the public benefit to protect and enhance wildlife habitat, sensitive or

11nique vegetation, historic or c11ltural resources, riparian corridors, floodplains and wetlands and other environmental reso11rces.

3. The Administrator may use advisory committees to make recommendations for grants awarded p11rsuant to s11bsection 1 or contracts or agreements entered into pursuant to subsection 2.

Adopted Regulation Rl86-03

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4. The Administrator will coordinate with the Division of State Parks of the State

Department of Conservation and Natural Resources for any grant awarded pursuant to paragraph (b) of subsection 1.

5. The Administrator will coordinate with the Department of Wildlife and the Nevada

Natural Heritage Program for any grant awarded pursuant to paragraph (c) of subsection 1.

6. The Administrator will determine the boundaries of the Carson River corridor for any grant awarded pursuant to paragraph(/) of subsection 1.

7. An urban park for which land and water or an interest in land and water was acquired pursuant to paragraph (b) of subsection 1 must be open to the public.

Sec. 30. J. The Administrator will periodically:

( a) Solicit applications from counties, municipalities, state agencies and nonprofit organizations for grants of money from the sale of general obligation bonds issued pursuant to chapter 349 of NRS;

(b) Solicit applications from nonprofit conservation organizations to carry out contracts or agreements; and

(c) Establish deadlines for the submission of applications solicited pursuant to paragraphs

(a) and (b).

2. An application for a grant, contract or agreement pursuant to subsection 1 or 2 of section 29 of this regulation must be submitted to the A,lministrator and must include, without limitation:

(a) A completed application on a form provided by the Administrator;

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(b) The total projected cost of the project, including, without limitation, as appropriate, the estimated costs for planning, design, acquisition and construction, and a description of the manner in which each estimated cost was calculated;

(c) The amount of money requested for the project;

(d) A detailed description of the project and the manner in which the project meets the intent of the Program;

(e) Documentation that the project was commenced on or after July 1, 2000;

(I) A proposed schedule for the project that must include the planned phasing and implementation of the project;

(g) Documentation of the qualifications of the nonprofit organization, if applicable;

(h) A detailed description of matching contributions that will be provided by the applicant;

(i) Proof that the applicant has title to, or a lease or easement on, land that is required to carry out the project or a letter of intent between the property owner and the applicant concerning the acquisition of the property by the applicant;

(j) Proof that the applicant is willing to sell or donate land and proof that there is a person who is willing to purchase or receive the land, if applicable,·

(k) I/the application is submitted by a nonprofit conservation organization and includes the acquisition of land or water or an interest in land or water, the most current financial statement of the organization and specific details concerning the manner in which the money of the State will be secured by an interest in the property;

(I) A map of the location and a plan of the site of the project indicated in an appropriate scale;

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(m) A statement from an appropriate local, regional, state or federal agency that the project conforms to all applicable local, regional, state and federal plans;

(n) Documentation and a statement by the applicant that the applicant notified all property owners within a I-mile radius of the subject property boundary or the closest 10 property owners, whichever number of property owners is less, about the proposal before the submission of the proposal to the Division, unless the Administrator requires different information on a case-by-case basis;

(o) A statement from any local jurisdiction affected by the proposal that details any issues or concerns about the proposal and whether the local jurisdiction supports or opposes the proposal;

(p) A completed Environmental Impacts Checklist on the form provided by the Division and, if applicable as a result of a potential adverse impact to the environment, a summary of a proposed plan to mitigate the potential impact of the project on the environment; and

(q) A summary of the proposed plan for operation and maintenance of the project for a period of not less than 20 years, including, without limitation, the identity of the person who will operate the project and provide the maintenance.

Sec. 31. Before a county, municipality, state agency or nonprofit organization submits an application for a proposed project, the county, municipality, state agency or nonprofit organization may submit a preapplication to the Division for an initial determination of the eligibility of the project for a grant under the Program. In making a determination of the eligibility of a project, the Administrator will consider, without limitation, the following criteria:

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1. Whether the county, municipality, state agency or nonprofit organization is eligible to apply for a grant;

2. Whether the proposed project is eligible pursuant to section 29 of this regulation; and

3. Whether the proposed project provides a public benefit as determined by the

Administrator.

Sec. 32. J. The Administrator will rank applications made pursuant to section 30 of this regulation in order of their importance. The Administrator will award grants for projects or acquisitions that, based on the application, are most appropriate for the receipt of a grant within the overall purpose of the Program. The Administrator will use a point system as outlined in the Administrative Guidelines of the Division to rank each application. The

Administrator will award points based on the following factors:

( a) The extent of environmental significance of the project and the degree of conservation and protection of natural resources, including, without limitation, the preservation of a natural, scientific, cultural, archaeological, agricultural, paleontological or historical site, or a wetland or riparian resource;

(b) The extent of the public benefit, including, without limitation, an overall advancement in the conservation and protection of the natural resources of the State, an enhancement to recreational opportunities, increased public access to lands and waters and the achievement of goals identified in adopted open-space plans;

(c) The objectives of the project are clearly stated in the proposal, and the applicant has the ability to carry out those objectives;

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(d) The detail and design of the project is adequate and includes a detailed plan/or management of the project that specifies the manner in which the project will be maintained and the manner in which the project will remain consistent with the purpose of the Program;

(e) The projected budget and associated costs of the project are reasonable and detailed, the amount and sources of matching contributions are listed and the project will meet the stated objectives in a cost-effective manner;

(I) The fact that the project is a cooperative effort with other agencies, organizations or persons and the extent of the support/or the project from counties, municipalities and other public entities; and

(g) Any other factor that the Administrator considers to be important in the ranking process, including, without limitation:

(1) The urgency of the need for the project;

(2) That the applicant provides for matching contributions that exceed the matching contributions required in section 33 of this regulation;

(3) The application/or acquisition of land includes the acquisition of water rights or another interest that will remain with the land in perpetuity;

( 4) The existence of a local need for the project that warrants special attention for the project due to a lack of similar opportunities in the local area; and

(5) I/the project does not include the acquisition of fee simple title to land, the applicant proposes an easement for conservation or a remainder after a life estate.

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2. The factors of environmental significance, as described in paragraph ( a) of subsection

1, and public benefit, as described in paragraph (b) of subsection 1, are worth more points than the other factors in subsection 1.

3. The Administrator may use an advisory committee to review applications and make recommendations to the Administrator. The Administrator may consider a recommendation by an advisory committee when awarding points pursuant to subsection 1.

4. The ,lecision of the Administrator is final. An application that is not selected by the

Administrator to receive a grant may be resubmitted for a grant to be awarded at a future <late.

Sec. 33. J. To receive a grant pursuant to the Program, an applicant must provide for an eligible matching contribution as follows:

(a) For a grant awarded pursuant to paragraph (a) or (b) of subsection 1 of section 29 of this regulation, not less than 25 percent of the total cost of the project;

(b) For a grant awarded pursuant to paragraph (c) or (d) of subsection 1 of section 29 of this regulation, not less than 5 percent of the total cost of the project;

(c) For a grant awarded pursuant to paragraph (e) of subsection 1 of section 29 of this regulation:

(1) In a county whose population is 100,000 or more, not less than 50 percent of the total cost of the project; or

(2) In a county whose population is less than 100,000, not less than 25 percent of the total cost of the project;

(d) For a grant awarded pursuant to paragraph(/) or (g) of subsection 1 of section 29 of this regulation, not less than 50 percent of the total cost of the project; and

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(e) For a grant awarded pursuant to subsection 2 of section 29 of this regulation, not less than 50 percent of the cost of the acquisition.

2. A matching contribution is eligible/or the purposes of this section if the matching contribution is for a project initiated on or after July 1, 2000, if it is directly related to the project or acquisition and if it includes:

(a) Cash;

(b) Planning, labor, including volunteer labor, appraisals, equipment rental and material costs;

(c) Federal contributions;

(d) Any costs associated with required environmental information/or the project or acquisition, the documentation of which must be submitted with the application;

(e) Costs incurred for the establishment of a monitoring program to monitor the success of a project;

(I) Any other matching contribution not listed in subsection 3, subject to the approval of the contribution by the Administrator; or

(g) Any combination of paragraphs (a) to (I), inclusive.

3. The following matching contributions, without limitation, do not qualify as eligible matching contributions for the purposes of this section:

(a) Costs associated with the preparation of the application;

(b) In-kind services that do not relate to the project or the purpose of the Program;

(c) Money expended before the initiation of the project, or July 1, 2000, whichever is later;

(d) Other money granted pursuant to the Program; and

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(e) Any other matching contribution that the Administrator determines is an inappropriate matching contribution.

Sec. 34. The Division and the recipient of any money pursuant to a grant, contract or agreement made pursuant to section 29 of this regulation shall enter into an agreement that:

1. Authorizes the recipient to use the money from the grant, contract or agreement to pay for:

(a) All expenses related directly to the project or acquisition, including, without limitation, expenses related to the planning, design and construction of the project which must be calculated based on actual costs; and

(b) The documented administrative costs of the project, not to exceed 5 percent of the total cost of the project.

2. Prohibits the recipient from using the money from the grant, contract or agreement to pay/or:

(a) Any planning activity that is not directly related to the design and engineering of the project;

(b) The purchase of new equipment, unless the Administrator has determined that the new equipment is necessary as a one-time purchase specific to the project;

(c) Any work require,/ by a public agency as mitigation or as a condition of the approval of any other project;

(d) Any component of the project that the Administrator determines does not benefit the public;

(e) Any project or portion of a project that has already been completed; or

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(I) Any other expenses that the Administrator determines are not necessary to carry out the purposes of sections 2 to 35, inclusive, of this regulation, or that are not in compliance with the intent of the Program.

Sec. 35. The Division and the recipient of any money pursuant to a grant, contract or agreement pursuant to section 29 of this regulation shall enter into an agreement that requires the recipient to:

1. Provide a matching contribution of not less than the amount specified in section 33 of this regulation.

2. Provide a plan for the operation and maintenance of the project for not less than 20 years after the project is completed.

3. Agree to:

(a) Ownership of a full or partial interest in any property that is necessary for the project;

(b) Include pertinent nonrevocable deed restrictions and appropriate reversionary clauses to ensure that at all times the land is maintained in a manner consistent with the purpose of the Program; and

(c) Include a stewardship statement that addresses maintenance, monitoring and enforcement of weed control, dust control and other related issues.

4. Agree to any additional conditions that the Administrator determines are necessary to carry out the purposes of sections 2 to 35, inclusive, of this regulation or the intent of the

Program, including, without limitation, the posting of a performance bond by the recipient.

5. Obtain such easements for conservation or other interests in land in perpetuity, or as otherwise approved by the Administrator, as are necessary to carry out the project. The

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1 ',"- If ' , I' , Administrator must approve the easements. The Administrator may require that the easement for conservation or other interest in land be held by the State.

6. Acknowledge that any interest in land or water acquired by the State or a nonprofit organization pursuant to the Program must:

(a) Be acquired and held by the Division pursuant to chapter 321 of NRS; and

(b) Not be acquired by condemnation or the power of eminent domain.

7. Maintain an accurate accounting of all expenditures made from money received pursuant to the Program and allow the Division to review the accounting upon request.

8. If the recipient requests that the entire amount of the grant or a portion thereof be provided in advance, demonstrate an extraordinary need and enter into an agreement with the

Division that delineates the specific reporting methods that will be used, including, without limitation, quarterly expenditure reports and a project status report that details the timeliness of the project.

9. Provide the Division with detailed invoices on a consistent basis as agreed upon by the

Division and the recipient to ensure timely and accurate disbursement of grant money.

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