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9.1. SR 07-21-2014 City of Elk=' Request for Action River To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session July 21, 2014 Cal Portner, City Administrator Item Description Reviewed by Houlton Farm Grant Opportunity Reviewed by Action Requested Discuss and provide direction regarding a grant opportunity to purchase the Houlton family farm property. Background/Discussion In July of 2013, the Elk River City Council expressed their intent to proceed with the purchase of the Houlton family farm utilizing grants from the Minnesota Land Trust and The Conservation Fund through the Minnesota Outdoor Heritage Fund. Unfortunately,the Minnesota Land Trust withdrew their participation and we were informed earlier this year that the Outdoor Heritage Fund was not fully funded and our request was unfulfilled during this cycle. Another grant opportunity has become available through Minnesota Outdoor Heritage Fund. The Outdoor Heritage Fund conservation projects restore, enhance, or protect forests,wetlands,prairies, and habitat for fish,game,and wildlife. Grant requests are reviewed and recommended for approval to the state legislature by the Lessard-Sams Outdoor Heritage Council (L-SOHC). The available grant would cover the entire purchase price following an updated property appraisal. Because we are not the original proposer for the grant,we are on a short timeline to make our pitch to the L-SOHC. Bob McGillivray is the Senior Project Manager for The Trust for Public Land and is managing this grant. If the Council consents to continue with the acquisition with proceeds from the grant, our application would need to be presented to the L-SOHC the first week in August. The difference between the two grant funds is that the original request was for an easement,which provided more flexibility in how the property could be developed and utilized. Under the easement,the park could be planned for outdoor recreational activities such as walking, hiking, boating, etc.,but not playfield or team-type activities. During our previous discussion with representatives from the Houlton family, they had requested and the Council had tentatively agreed to provide partial relief for their deferred tax assessments utilizing proceeds from property rental through a farming contract. The agreement required the ability to raise revenue over 7 years to repay part of the assessment. The grant would not provide for fanning of the P a w E R E U 6 Y NaA f RE] fully tillable acreage, nor for the period of time early agreed to. The Houlton's real estate agent has been informed of the grant opportunity and the potential change in terms should the Council consent to continue with the purchase through the Outdoor Heritage Fund grant. One other item the Council will need to include in their consideration is that the CPL Grant would require demolition or removal of most of the buildings on the property,which would not be funded through the grant funds. Financial Impact The property acquisition would be covered by the grant proceeds and some of the restoration costs would be funded through another grant already held by the Friends of the Mississippi. The Council will need to commit funding to continuing property restoration,maintenance and operations, as well as building demolition/removal. The Houlton's may request relief for all or a portion of the deferred property tax assessment. Attachments • The Trust for Public Land Literature • Legacy News Article N:\Public Bodies\Agenda Packets\07-21-2014\Final\Laserfiche\x9.1 sr Houlton Farm Opportunity.docx O , 1 F rdoLG tCC)q 7y21 � 1 �� Rum River/ Cedar Creek Conservation Area Scope of Intended Outdoor Recreation Opportunities The hunting program model will be similar to the Vermillion Highlands Research Recreation & Wildlife Management Area located in Dakota County. The parking areas will be strategically located and sized around the perimeter to maximize the interior hunt areas and to control the density of hunters. Hunters must be parked in designated parking slots in order to hunt. One vehicle per slot and it will be on a first come,first serve basis. ® Hunting, fishing, and trapping opportunities will be offered. Pheasants, waterfowl, deer, ruffed grouse,turkey, rabbit, and squirrel are the primary prospective game species. ® Watercraft access to the Rum River for hunting and fishing opportunities is provided for on the west of the river at Rum River Central Regional Park. 0 There will be special drawing deer seasons for: archery, shotgun/slug, and muzzleloader. The number of permits issued will be based on the estimated deer density and the available hunting acreage. There will also be late season Pheasant and Goose hunting opportunities. 0 A comprehensive wildlife habitat and ecological restoration plan will be developed and implemented in an effort to sustain balanced populations of plant and animal species across the conservation area. ® Hiking, cross country skiing, and wildlife viewing will be strongly encouraged outside of the hunting seasons. Meeting(11130L09)with Minnesota Department of Natural Resources—Wildlife Section: Dave Schad, Director Dennis Simon, Chief Tim Bremicker, Area Manager G N r - �k � �4 LM O U m Q C 12 IL � O a N ro- �O N U O G H cc 2 N j, � F 0 O LO o U Y! L Q H— O , w 4 lnMPl- J C LL ^ 0 o ,a f - Nq�s LO Cl o * a 0 1`ll� _ IL"I a 5 V Q Z ui CL N CD ' THE TRUST or PUBLIC LAND .f C O N S E R V I N G L A N D F O R P E O P L E d,. VL The Trust for Public Land{TPL}conserves land for people to enjoy as parks, gardens,and other natural places,ensuring livable communities for genera- 4 tions to come. In the United States,three acres of land are lost to development every minute,while as many as nvo-thirds of city children lack access to a nearby park or playground.Yet study after study confirms that outdoor recreation is essential to human health and happiness.Land conservation also offers huge Jane Bernard economic benefits—as much as Sio returned for every dollar invested— while helping to cool the planet. Founded:1972 Working from mote than a_o offices nationwide,TPL helps public agencies Projects completed: and communities: more than 4,300 •Create a vision For conservation Land conserved: •Raise funds for conservation 2.8 million acres •Complete conservation real estate.transactions •Design and build parks and playgrounds Conservation funds generated through TPL works to create parks and playgrounds in America's cities so that no state and local child is more than a ten-minute walk from a safe place to play.TPL conserves ballot measures: working farms,ranches,and Forests;lands of historical and cultural impor- 332 billion tance;rivers,streams,coastlines,and watersheds;and lands where all Ameri- cans can experience nature close at hand. Made possible by: the generosity of Because TPI,pools funds from many sources,every$t donated by an indi- supporters nationwide vidual conserves $5 of land.TPL gets A+ratings from groups that evaluate the efficiency of charities. TPL differs from other nonprofits because it works across the full range of landscapes necessary for human health and well-being—from inner city to wilderness.TPL has the expertise and resources to tackle the most complex conservation projects.And TPL is the only national conservation group T7:e Trust fvr Public Land working to provide close-to-home nature in cities and metropolitan areas, corrsenIff land far people to enjop where 85 percent of Americans live. as parks.gardens,and other naturalplaces. ensaring livable cownunities forgetlerations to come. tpl.org THE TRUST,}ar PUBLIC LAND C O N S E R V I N G L A N D F O R P E O P L E Conservation Transactions Protecting, Land for People How TPL Completes Transactions Che'1i•ust for Public. Land (TPL) acts as a principal ira land transactions and,as such,assumes the risks and costs associared mill buying.owning, and sell- '['he ell- .. .....::.lit � itrg land. TPL is not a broker,�agcnt,or guarantor for transactions h€tvveen other parties. Sometimes TPL acquires conservation casements and transfers them to public . lL ur ilalu IlEims ownership Lasenicnts restrict development of land while keeping it it] private ownership and preserving productive uses, such as farming and sustainable forestry. TPL conveys land or casrmcrnts to public agencies Far or below fair market value as established by an appraisal that strictly meets rlic agency's rcquir€menu. h► most The Trust for Public Land works transactions,TPI.does not charge the agency a fec for staff time or costs. As a with willing landowners to par- qualified 501(c)(;) public charity,TIT is supported by charitable donations. chase land for protection and Significant support comes 17-0111 donations of land value or cash from landowners who sell property to-I-I'L. then conveys the land to a public agency or land trust for long-term stewardship.To complete transac- tions TPL secures financing from Landowners appreciate working with CPL because as a private party,TPL can a wide variety of public and pri- move quickly.con fide ntially,and predictably. TPL structures transactions to meet vate sources. the financial and timing needs of landowners, TPL also provides expertise in tax benefits,appraisals, title issues. property surveys,and public agency proccclures. Working with Public Agencies Public agencies appreciate that TPL can often secure transaction funding and provide the extra staff financial expertise,and legal support needed to move quickly TPL coordinates due diligence to ensure that price and condition are acceptable. Whether acting as a principal in the transaction or not, TPL_rna},pro- Since 1972 TPL, has protected vide technical assistance in acquiring land in cases involving containinatcd sites or 2.2 million acres in 48 states. "brownfields". The Trust far Public Land conserves land for people to enjoy as parks,gardens,and other natural places, ensuring livable communities forgenerations to come. www.tpl.org THE TRUST for• PUBLIC LAND C O N S E R V I N G L A N D F O R P E O P L E 4 4y T :t !17P- sF • r, g �� , BENEFITS TO PUBLIc Over 40 years The Trust for Public Land has worked with hundreds of public agencies to create parks and conserve lands.We align the needs of agencies seeking to acquire property or property rights with those of landowners wishing to sell, structuring transactions that facilitate successful acquisitions.The Trust for Public Land: Acts quickly, assumes risk Meets agency purchase requirements We buy and sell land in our own name,acting as a principal We sell property to public agencies at or below fair mar- and assuming the risks of ownership as well as the costs as- ket value as established by an independent appraisal that sociated with buying,holding,and selling land.As a private meets agency standards.We resolve complex issues,such as purchaser,we can move quickly in the marketplace.We may title irregularities and disputes over water rights,property option a property or assume ownership until the agency contamination,and pending litigation. If a property is in obtains the resources to acquire it,or until environmental poor condition,we can prepare it for use as a park.And we cleanup or other issues have been resolved, are experienced in structuring easement acquisitions that protect public values while maintaining productive use of the land. Provides funding and finance expertise Resolves complexities, defuses conflicts We can advance conservation transactions by raising funds We are experienced at assembling individually owned par- from multiple public and private sources,securing private cels for acquisition,and at removing buildings or reconfig- interim financing,or using such financing tools as lease- wring property boundaries to meet agency requirements. purchase sales. Our staff helps generate federal and state We work with businesses,community and environmental project funding,and we work with communities to pass groups,and other stakeholders to resolve conflicts over land local public funding measures.As a nonprofit,we can bring use or property valuation,and help reconcile interagency financial options to landowners that often increase the like- disagreements on conservation priorities. lihood of project success. The Trust for Public Land conserves 'TI lr TRUST land f or people to enjoy as parks, for gardens, and other natural places, PUBLIC ensuring livable communitiesfor LAND generations to come. tp1.O!Y PHOTOS:COVER,RICH REID.THIS PAGE.JOHN HIRC_HAM LL O PRINTED ON 100%RECYCLED PAPER.02013 THE TRUST FOR PUBLIC LAND. .,,.� StarTribune Legacy raises more than $1 billion in first 5 years Article by: Jim Adams July 15, 2014 -2:03 PM Eagles and egrets fly by, deer graze and wild turkeys State officials say the Columbus Lake area, open to fishing, waddle around one of the newest preserved pieces of hunting and wildlife watching, is a good example of Legacy wetland,woods and prairie habitat in the Twin Cities. projects. Minnesota's Legacy Amendment paid for most of the$1.2 million cost of the Columbus Lake Conservation Area, a 258-acre wild chunk of northeast Anoka County. The area, which opened last fall, is a key link in a 20-mile-long wildlife corridor to the Mississippi River and protects the headwaters area of Rice Creek. " Wildflowers in a meadow at the Columbus Lake Conservation Area. DAVID JOLES•djoles @startribune.com, Anoka County owns and manages the area,which lies ` about 30 minutes north of Minneapolis-St. Paul and just south of the Lamprey Pass Wildlife Management Area near Forest Lake,where Rice Creek begins. The county paid $250,000 of its cost and built a small parking lot for users A painted turtle hunkered down on the highway before crossing last fall on Lake Drive (County 23), about a mile west of Interstate 35. near the Columbus Lake Conservation Area. DAVID JOLES djoles @sta rtri bu ne.com, The tract will be forever protected from development, said But the $940,000 paid last year by proceeds from the Jeff Perry, park planning and resources manager for Anoka state's Clean Water, Land and Legacy Amendment is small County. He said the area harbors the rare water willow change compared with the $1 billion-plus generated in the bush and has high quality plant communities, such as first five years of Legacy's dedicated state sales tax. That emergent marshes, a sedge meadow and oak forest five-year total is unmatched by any other voter-approved stands. It is rich in wildlife, including deer, pheasants, conservation measure in the nation, say officials at the beaver, great blue herons, bald eagles and water fowl, Trust for Public Land in Boston. The Trust,which has Perry said. monitored such initiatives across the country since 1988, says the Legacy Amendment's three conservation funds Legacy allows Anoka County to protect"high-quality are expected to raise at least$5.5 billion before the 3/8 of 1 resources for many generations to come," Perry said. He percent sales tax expires in 2034. noted the county also won about$2.8 million in Legacy funds to buy 550 acres for the Cedar Creek Conservation So far, Legacy has supported more than 1,500 projects Area on the Rum River in 2009 and 2010. aimed at preserving clean water and conserving land for trails, parks, and wildlife and fish habitat. An egret dove from a tree toward its prey in the water below at the Columbus Lake Conservation Area near Forest Lake. DAVID JOLES•djoles @startribune.com, The Legacy Amendment was passed in November 2008 with 56 percent support from voters. In February, a survey found that more than 70 percent of 600 voters contacted favored Legacy's dedicated funding, according to the Minnesota Environmental Partnership, a coalition of environmental groups that paid for the poll by two national firms. The survey had a 4 percent margin of error. Jim Adams •612-673-7658 ©2014 Star Tribune Page 1 of 1 StarTribune The Legacy Amendment: Some notes and views July 15,2014-3:00 PM • Approved by voters in 2008,Minnesota's Legacy Amendment created a 25-year,.375 percent sales tax that sends the revenue into four funds:the Outdoor Heritage and Clean Water funds,which receive 33 percent each;the Parks and Trails Fund,14.25 percent;and the Arts and Cultural Heritage Fund,1975. percent. • The amendment generated more than$1 billion for the three conservation funds in its first five years,more than any other voter-approved conservation measure in the nation,according to the Trust for Public Land in Boston.However,Minnesota's top standing could be eclipsed in November if Florida voters approve a state constitutional amendment to dedicate more than $10 billion over 20 years for land and water conservation,according to Trust officials. • Most of the Clean Water funds designated for monitoring are allocated to the Minnesota Pollution Control Agency to track the quality of the state's 12,000 or so lakes and 90,000 miles of rivers and streams in 81 major watersheds,says the MPCA's Glenn Skuta.He said Legacy money enabled the agency to set up a 10-year rotation during which it will gather water-quality data from all 81 watersheds and some smaller waterways,which will be used in watershed improvement plans. • Susan Schmidt,executive director of the Trust for Public Land's Minnesota chapter,says Legacy funding"has been transformative"in the state.She said that before the amendment passed,state investments in conservation and the environment as a share of the state budget had been in sharp decline."Now we are back on track in terms of investing in clean water,parks,trails and habitat protection just like the voters intended,'she said. • Not everyone is on board with the Legacy approach.A dedicated sales tax is bad policy,said Mark Haveman,executive director of the Minnesota Center for Fiscal Excellence,formerly the Minnesota Taxpayers Association."Any time you have revenues dedicated like this it reduces efforts for efficiency,raises accountability issues...and handcuffs future legislators," Haveman said.Natural resource protection should compete with other public needs for state general fund dollars,which largely come from state sales tax revenues,he added. JIM ADAMS ©2014 Star Tribune 07/18/2014 y M 0 y0�125 0.25 05 O�Miles cn a} ° F - r - i n ti {4 CJ d J y. ; 7. CL LO , ' gyp,'' .' � 4 �.�� , i'-;. w�J ;• T'4x r l i i 4y .e, r r , 'i 'A Y � - 1 r •n z ; ;r F e - "All Lo CD 14 }� ma m bi .1. xp t- 52 * Aag . : w `4 1 - f e P _ Z Q H � O I 1 2 o > z 0 I O WOODLAND 1 RESTORATION ' ' ' I -- SNOWMOBILEI / —PRAIRIE TRAIL ' ACCESS DRIVE— NATURAL RESTORATION i SURFACE TRAIL AM—DUFE NATURAL— i PRAIRIE PLOT SURFACETRAIL PARKING LOT RESTORATION (10 SPACES) I NATURAL -. PARKING LOT SURFACETRAIL ACCESS DRIVE (15 SPACES)— i--- NATURAL ,1 SURFACETRAIL PRAIRIE I RESTORATION INTERPRETIVE ' NODE _/� _ CEDARCREEK WILDLIFE FISHING PLOT DECK NATURAL— SURFACETRAIL d, PRAIRIE RESTORATION i � � I NATURAL i a SURFACETRAIL SN1ObVMOBTE 2 TRAIL I 7 z ,,� �•,•' , -i 0 - O I I N RUM RIVER/CEDAR CREEK CONSERVATION AREA Conceptual Design 0 0.1 0.2 0.3 0.4 0.5 MILES ' IT, ..q... _,I. 1 10 F ff j I Ll -irll Fil CONSERVi I)C)T +a' � r el omi 911 Ll ri i]Cl��� 0 A or M r. \' tic- , `• ': J • f. pv -: l Conservation Stewardship Plan For the Cedar Creek Conservation Area March 2010 (Draft) Introduction / History: In 2008, Anoka County was approached by a group of Twin Cities developers, called the BF9 Group (BF9), with a proposal to sell a large undeveloped tract of land in Andover and Oak Grove along Cedar Creek and the Rum River. This unique and contiguous tract of land includes 550 acres of biologically diverse wildlife habitat that supports waterfowl, furbearers, deer, pheasants, grouse, turkey, rabbits, squirrels, as well as many non-game birds and mammals. The property consists of gently rolling hills, oak forests, sedge-meadows, prairie openings, flood-plain forests, and vast croplands. The land is situated along the state designated Wild and Scenic Rum River and the natural resources have been identified as a significant resource to be protected in the Cedar Creek Corridor Study, the Minnesota (MN) County Biological Survey, MN Wetland Conservation Plan, MN Comprehensive Wildlife Conservation Strategy, MN Statewide Conservation and Preservation Plan, and the Metro Greenways Plan. In 2008, the voters of Minnesota passed the Clean Water, Land and Legacy Amendment which created an additional 3/8 of 1 percent Minnesota state sales tax, creating a fund to be used for environmental and arts causes over the next quarter of a century. As a result, the Lessard-Sams Outdoor Heritage Council was established by the legislature with the responsibility of providing annual recommendations to the legislature on how the new sales tax funds should be used. Considering the opportunistic timing of the BF9 proposal to sell a large piece of land and the passing of the state's sales tax amendment, Anoka County submitted a land acquisition proposal in the amount of $3.8 million to the Lessard-Sams Outdoor Heritage Council (L-SOHO) in November 2008 to acquire 550 acres land. In like manner, the county began acquisition negotiations with the BF-9 Group and also brought in the St. Paul Office of the Trust for Public Land, a national land conservation agency, to assist with negotiations and financial planning. In 2009, the L-SOHC recommended and the legislature approved, a two-phased approach to the acquisition that involves funding $1.9 million in 2010 (Phase I) and another $1.9 million in 2011 (Phase 11). The negotiated purchase price for the property is $4.2 million. An additional 40 acres is being acquired by the County Highway Department for future land offset needs for grant conversions on county parklands. Anoka County is now in the process of acquiring the 550acres of property, referred to as the Cedar Creek Conservation Area. The Phase I acquisition was completed on March 17, 2010 with the acquisition of 222 acres (see exhibit A for the Phase 1IPage I and Phase II acquisition map). The Phase II acquisition of 318 acres is anticipated to occur in 2011. Management Goals: Staying consistent with the Constitutional Amendment — Article XI and associated state laws that govern the Outdoor Heritage Fund, Anoka County's management goals for the Cedar Creek Conservation Area are based upon the ideals that will achieve the outcomes of existing natural resource plans, including, but not limited to, the Minnesota Statewide Conservation Plan, that directly relate to the restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife. In addition, the conservation area will remain open to hunting and fishing, consistent with the capacity of the land, during the open season, as determined by the State Commissioner of Natural Resources. As a result, the following management goals for Cedar Creek Conservation Area have been identified: Goal 1: Maintain and enhance the natural character of Cedar Creek and the Rum River and their function as a connective wildlife habitat corridor. • The water quality and habitat quality of the creek and river will be maintained or enhanced. A natural flow regime should be maintained. An emphasis will be placed on stream habitat that supports game fish production. • The creek and river will be monitored on regular basis to identify trends or changes in water quality. • Best management practices will be used to control erosion and pollution. This includes establishing native vegetation buffers along the creek and river and educating and encouraging adjacent landowners to employ best management practices. Goal 2: Restore and maintain the quality and function of the natural plant and wildlife habitat and production. • Efforts will be made to reconstruct, restore and manage prairies, wetlands, and forests utilizing locally native ecotype sources of seeds and plants. This includes maximizing habitat structure and composition that will support wildlife production. • Necessary disturbance regimes, at prescribed intervals, will be introduced to sustain healthy populations of plants and wildlife. • Roads, parking lots, and other infrastructure will be designed to minimize impacts to the creek, river, natural communities, and wildlife. • Wildlife food plots (primarily corn and alfalfa) will be strategically located on the conservation area. • Invasive species will be controlled and suppressed using biological control mechanisms when applicable. Goal 3: Hunting and fishing opportunities will be maintained, consistent with the capacity of the land. • Two vehicle entrance points will be provided off of County Road 9 and Blackfoot Street NW. Parking lots will be located on the periphery of the conservation area to minimize 21 Page interior conflicts. Parking lots will be sized to accommodate approximately one hunter per 20 acres. • Mowed trails will be provided to allow for reasonable access to hunting and fishing areas. In addition, the mowed trails will be used outside of the hunting season for general hiking and wildlife viewing opportunities. • Special hunts will be conducted annually for deer, including archery, shotgun, and muzzleloader. • The primary game species that will be hunted, in addition to deer, will be pheasants, waterfowl, ruffed grouse, turkey, rabbit, and squirrel. • Fishing platforms will be provided for anglers on Cedar Creek and the Rum River. The platforms will also serve as observation decks to view wildlife. Concept Development Plan: The conceptual development plan (see exhibit B), was designed to maximize the use of existing site conditions while balancing the needs for resource restoration and access for hunting and fishing opportunities. The following primary components are illustrated in the Concept development Plan: Access: There are two access drives into the Cedar Creek Conservation Area located on the west side of County Road 9 (East Entrance) and on the south side of Blackfoot Street NW (North Entrance). Parking: The East Access will lead to a parking lot sized for 10 spaces. The North Access will lead to a parking lot sized for 15 spaces. The road and parking lot surfaces are proposed to be gravel to provide for a rustic experience and to minimize runoff. Natural Surface Trails: From each parking lot, a series of 10— 15 foot-wide, mowed trails will be laid out to provide key access points to hunting and fishing habitat areas. The trails will also function as fire-breaks and equipment access routes that will be used for ecological restoration purposes. Pedestrian Nodes: A series of Pedestrian Nodes were designed to establish key areas of interest for wildlife viewing opportunities and direction /interpretation for visitors. Farm History Node: Near the farm homestead site, a plaza and resting area will be established to interpret the farm site's history. The site's natural and cultural features would be interpreted as well. Angling Platforms: Fishing platforms will be positioned along the Rum River and Cedar Creek. These decks will be designed to cantilever out from the shore to provide for angling opportunities. The decks can also be used for observation purposes. Observation Decks: Three observation decks are designed to be placed along the Rum River and Cedar Creek for wildlife viewing experiences. 31 Page Prairie Restoration Areas: The old agricultural field will be reconstructed to native tall grass prairie habitat. Woodland Restoration Area: Due to current farming practices that adjoin the northwest boundary of the property, a woodland restoration project will provide for a valuable buffer of wildlife habitat and screening the property to the neighbors. Wildlife Food Plot: The wildlife food plot areas are designed to be planted with corn and alfalfa to help sustain healthy populations of wildlife game species such as pheasants, deer, turkey, and geese. Sign Program: The sign program will include primary access signs on County Road 9 and County Road 22, boundary signs, parking lot kiosks with rules and maps, pedestrian node signs, and trail intersection signs. Boundary Control /Security: The Cedar Creek Conservation Area boundary signs (see Exhibit C) will be placed around the entire perimeter of the property. The Phase I acquisition will need to be signed first, along with delineating the road easement off of Cedar Creek Drive and the delineation of the life-estate parcel. The road easement corridor will be signed to keep pedestrians within the road easement area. In addition, the life-estate parcel must be signed to keep the public outside of the life estate parcel. Kiosks will be placed at each parking lot and will include a conservation area map and rules for the conservation area. In addition, map standards will be placed at trail intersections within the conservation area to help the public navigate the site. Gates will eventually be placed off of Cedar Creek Drive and off of the parking areas to control vehicle access to the conservation area. Security and enforcement issues will be handled by the Anoka County Parks and Recreation Department Ranger Unit, the Anoka County Sheriff's Office, and the Minnesota State Conservation Officer assigned to Anoka County. Farming Practices/ Food Plots: The farming practices of planting corn and alfalfa at strategic wildlife food plot locations will be an important function of attracting and sustaining productive populations of wildlife game species. The intent is to develop an agreement with a local farmer to plant and manage the food plots on an annual basis. The food plots will be located in areas that can be easily accessed by farming equipment and that are distributed across the conservation area to benefit the various species of wildlife game species. 41 Page Natural Resources Restoration: For the purposes of this plan, ecological restoration is defined as a science-based process of assisting in the recovery and management of the overall ecological integrity of the natural resources on the Cedar Creek Conservation Area. Ecological integrity includes, but is not limited to, biological diversity, ecological processes, historical context and sustainable cultural practices. Some of the key ecological concepts that will be considered are succession, disturbance, and historical range of variability. The over-arching goal of ecological restoration on this conservation area encompasses the re- establishment of functional ecological systems that contain sufficient biodiversity to continue their maturation by natural processes while supporting productive game and fish populations. As a result, there are evolving needs and opportunities for ecological restoration on the Cedar Creek Conservation Area. Considering that the natural resource systems are dynamic and continually changing over time and space, an adaptive management approach and framework fits well with the practice of ecological restoration on the Cedar Creek Conservation Area. In the context of ecological restoration for this conservation area, the following adaptive management principles will guide the ecological restoration initiatives in the forests, prairies and wetlands: Assessment/ Inventory— Define the scope of quality and/or degradation to the site, synthesize the existing knowledge about it, and explore the potential outcomes of alternative restoration actions. This will include a comprehensive inventory of plants and animals (see Exhibit D for existing resources). Design — Design a restoration plan and monitoring program that will provide reliable feedback and information about the effectiveness of restoration methods. Implementation — Effective restoration is a multi-step process, requiring installation and many years of maintenance and monitoring. Monitoring — Biological indicators are monitored to determine how effective the restoration methods are in meeting the restoration objectives. Evaluation —The actual outcomes are compared to the anticipated outcomes. In addition, the reasons for the underlying differences are interpreted. Adjustment— Practices, objectives, and models used during the restoration process may lead to reassessment of the problem, new questions, and new options to try in a continual cycle of improvement for the restoration. 51 Page To further apply the above management principles, the following recommendations apply to the following plant community/ natural resources categories on the Cedar Creek Conservation Area: Prairies: Approximately 250 acres have been identified to either re-construct or restore to various -native prairie grassland habitats. The prairie reconstruction will occur primarily where there were formerly tilled agricultural fields. Site preparation will include herbicide and cultivation applications prior to seed drilling a diverse mix of at least 30 species of locally native grasses, sedges and forbs. The remnant prairie sites will be restored by prescribed burning, mechanical removal of invasive species, spot spraying non-native invasive species, and over- seeding with a diverse mix of locally native prairie species. The target prairie communities include tall-grass wet prairie, short-grass dry prairie, mixed-height mesic prairie, and barrens sand-gavel prairie. Forests: Approximately 150 acres of forests and woodlands have been identified to reconstruct or restore. The woodland re-construction will occur on approximately 20 acres in the northwest corner of the conservation area to provide wildlife edge habitat and to screen the neighbors to the north. Site preparation will include an herbicide application and planting native oaks and shrubs. The remnant forested areas will be restored by removing invasive species and supplemental plantings of native trees and shrubs that have a high wildlife value. The target forest communities include dry and mesic oak forest, mixed-hardwood forest, maple-basswood forest, and floodplain forest. Wetlands: Approximately 150 acres of wetland has been identified for restoration. The wetland restorations will include removing non-native invasive species by mechanical methods and to introduce prescribed fire. In addition, these wetlands must be protected negative hyrdrologic alterations, nutrient rich runoff, stormwater runoff, and incremental damage by dredging or filling. Monitoring for such disturbances will be the key. The wetlands will also be restored with supplemental seeding and plantings of native grasses, sedges, rushes, forbs and shrubs. The target communities include shrub swamps, mixed emergent marshes, sedge meadows, cattail marshes and poor fens. Water Resources: The Rum River and Cedar Creek are the two most critically important water features to monitor, manage, and restore for fisheries and wildlife habitat. Some of the primary management strategies will focus on maintaining and improving water quality, identify and correct non-point source pollutants, and exercise conventional approaches towards stormwater management. Streambank restorations and erosion reduction projects will be implemented in areas where sediment loading is occurring, with project designs that will enhance game fish and waterfowl habitat. Also, integrating sound ecological practices with the local community development plans will be important to coordinate efforts across jurisdictional boundaries that will ultimately protect and preserve the integrity of the Rum River and Cedar Creek. 61 Page Hunting and Fishing Access Hunting access will be gained by entering the conservation area at two entrance points, the East Entrance and the North Entrance (see Exhibit B). The East Entrance is located off of County Road 9, approximately a % mile north of the Cedar Creek. A short access road will lead to a parking lot sized for 10 vehicles. The North Entrance is located at the end of Blackfoot Street NW, which is located south of County Road 22. A short access road will lead to a parking lot sized to accommodate 15 vehicles. Both of the designated parking areas are located near the periphery of the property to allow for minimal disturbance to the interior of the conservation area and to allow for positive hunting and angling experiences. Hunters will be expected to walk from the parking areas into the rest of the conservation area to hunt game. For the waterfowl hunters that are interested in launching watercraft, there is a boat access located on the west side of the Rum River at Rum River Central Regional Park. Angling access will be the same as indicated above at the designated parking areas. From the parking areas, anglers can walk along natural-surface (mowed) trails down to the Rum River or to Cedar Creek. There will be fishing decks provided on both the Rum River and on Cedar Creek. In addition, anglers will be welcome to explore the entire shorelines of the river and creek. For anglers that are interested in launching watercraft, there is a boat launch located on the west side of the Rum River at Rum River Central Regional Park. Public Information and Education Over the past year, a general information letter and a letter seeking public support were sent out to the neighbors surrounding the conservation area regarding the potential land acquisition. In addition, presentations by Anoka County have been made to the City Councils of Andover and Oak Grove informing the cities about this acquisition project and intended future use and management of the property. In addition, Anoka County plans to host an open house / public meeting for the adjoining neighborhoods, within the next six months, to update the public on the direction and status of the project. Another update letter will be sent to the adjacent neighbors and to the respective city councils. There has also been a series of newspaper articles published in the local and regional news media explaining the project. The local news media will continue to be a source of communication to the public. Anoka County's website will also be used to update the public on the phased acquisition status with map illustrations, intended use, and conservation management goals of the project. Lastly, a comprehensive sign program will be implemented to include boundary signs, informational signs and maps located at the primary entrance points, and key interior signs that show a map and description and use of the conservation area. 71 Page Grants and Partnership Opportunities The two-phase acquisition for the Cedar Creek Conservation Area is primarily funded through the Minnesota Clean Water, Land and Legacy Amendment which created the Outdoor Heritage Fund and grant program. In addition, Anoka County has partnered with the St. Paul office of the Trust for Public Lands, who helped to facilitate the land sale and is helping to seek other grant funds. Anoka County will be submitting another grant application to the Lessard-Sams Outdoor Heritage Council (L-SOHC), with a proposal for infrastructure development and ecological restoration as contained in this conservation management plan. In addition, L-SHOC offers a Conservation Partners Program, in which Anoka County will pursue matching grants for the restoration and enhancement of wetlands, forests, prairies, and fish and game habitat. Anoka County will pursue local grant opportunities through the Anoka Conservation District for streambank restoration and ecological restoration projects. In addition, Anoka County will pursue federal level grant programs through the United States Fish and Wildlife service and the Natural Resources Conservation Service for grassland and riparian area habitat restoration and management. Lastly, Anoka County will pursue potential conservation partnerships with wildlife and conservation groups such as the American Turkey Federation, Pheasant Forever, Ducks Unlimited, Minnesota Waterfowl Association, Minnesota Deer Hunters Association, Capable Partners, and the Minnesota Bass Anglers Association. 81 Page A 64 Lake George • ( Regional Park r v 1 , Martin Regional al Park as Regional Park Rum Riverp /(�t('� }��Cetlar Creek Regional Par's/ Conservation Are Bunker Hills Regional Pa Mississippi West �i Rice Creek Regional Park 7 Chain of Lakes Park Resery Coon Rapids Dam J Regional Park _ _ F Legend •' O Conservation Ama - RaA Boundary ' Regional Teul Riverfront — Highway Regional Park County Road Cedar Creek Conservation Area a County Location Map N Miles 0 1 2 4 6 8 ANOKA COUNTY CONSERVATION AREA NO FIREARM DISCHARGE BEYOND THIS POINT - ` HOMES WITHIN 500 FEET FUNDING PROVIDED BY LESSARD SAMS OUTDOOR HERITAGE COUNCIL ANOKA ��'AT Eff COUNTY LEGACY CEDAR CREEK CONSERVATION AREA HUNTING REGULATIONS This Conservation Area was acquired with funding provided by the Minnesota Outdoor Heritage Legacy Fund and is open to the public for hunting and fishing during the regular open seasons, as designated by the State of Minnesota and in accordance with current state Hunting and Trapping Regulations and Anoka County Ordinances. Principle regulations for your use of this area are listed below. Further information is available by calling the Anoka County Parks and Recreation Department at (763) 757-3920. • This Conservation Area is surrounded by private residential property, therefore, exercise extreme caution when discharging all firearms and bows. Under no circumstances shall projectiles fall outside of the designated conservation area boundary. • Discharging of all firearms and bows is prohibited within 500 feet of a building. • Conservation Area is open from 6:00 am until 30 minutes after sunset. • When designated parking lot is full (approximately 15 vehicles), the hunting capacity of the Conservation Area is full and no further access is allowed. The parking lot capacity determines the number of hunters that are allowed to hunt. • Camping is not permitted. • Horses, ATVs, and other motorized vehicles are not allowed, except snowmobiles during designated times. -Target or promiscuous shooting is not permitted. -Tree stands, boats, decoys, and other equipment, except traps, must be removed daily. � 'Am ANOKA COUNTY For more information: Anoka County Parks and Recreation Department(763) 757-3920 Visit us online at www.anokacountyparks.com 6 AVMHDIH A1NnOJ 6 AVMHDIH A1NnOJ V � Ia z Y OGi I o I ' I > 0 m SS avow AlNnOD w iz I p . w 2P o o z a z O ° w u u I .� °I08 u N n u l a �3E ' ------ Lu I o I o, O a a LJJ W � LLJ > W Z v w Z W V Cl) � O O o m X cl)� O �z z O LU °o Q V am WARNING THIS IS NOT A DESIGNATED ACCESS POINT ! The only designated parking and access point is located at the parking area on County Road 9. For Questions : 763-767-2861 By Order of: Anoka County PRIVATE PROPERTY BEYOND THIS POINT STATE OF MINNESOTA GRANT AGREEMENT Outdoor Heritage Fund This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources ("State") and The Trust for Public Land,2610 University Avenue, Suite 300, St. Paul,MN 5514 ("Grantee"). Recitals 1. Under Minn.Laws 2011, Ist Special Session, Chapter 6,Article 1, Section 2, Subd. 5(d)Metro Big Rivers Habitat- Phase II,$2,900,000 are from the fund to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi,Minnesota, and St. Croix Rivers and as provided in Minnesota Statutes,section 84.026. 2, The State awards to the Grantee for the purpose of conducting the program entitled Metro Big Rivers Habitat Phase 2 in the manner described in the Grantee's approved Accomplishment Plan. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Grant Agreement 1 Term of Grant Agreement 1.1 Effective date: July 1,2011 No reimbursements will be made until or upon the date that the final required signature is obtained by the State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2. 1.2 Expiration date: rune 30, 2016, or four years after acquisition,whichever is later, in order to complete restoration or enhancement work(if applicable). 1.3 Survival of Ternis. The following clauses survive the expiration or cancellation of this grant agreement: 10 Liability; I I State Audits; 12 Government Data Practices and Intellectual Property; 14 Acknowledgment and Endorsement;. I5 Governing Law,Jurisdiction,and Venue; 17 Data Disclosure;20 Monitoring; and 24 Program Requirements. 1.4 Incur Expenses. Notwithstanding Minnesota Statutes,section 16A.41, expenditures made on or after July 1, 2011,are eligible for reimbursement unless otherwise provided in Attachment F, subd. 10. 2 Grantee's Duties The Grantee,who is not a state employee,will: See Attachment A,approved accomplishment plan,which is incorporated and made a part of this agreement. If applicable,the Grantee shall provide the State's authorized representative a copy of the revised accomplishment plan and the corresponding LSOHC approval letter within one week of any LSOHC approved changes to the accomplishment plan. The Grantee agrees to complete the program in accordance with the approved budget to the extent practicable and within the program period specified in the grant agreement. Any material change in the grant agreement shall require an amendment by the State(see Section 8.2). The Grantee shall be responsible for the administration,supervision,management,record keeping and program oversight required for the work performed under this agreement. The Grantee is responsible for maintaining an adequate conflict of interest policy. The grantee shall monitor and report any actual or perceived conflicts of interest,or attest that no conflict of interest issues exist;this shall be submitted to the State's authorized representative. 3 Time The Grantee must comply with all the time requirements described in this grant agreement. Grant (Rev:8111) 3 4 Consideration and Payment 4.1 Consideration. Consideration for all services performed by Grantee pursuant to this grant agreement shall be paid by the State as follows: ].COMPENSATION: Compensation in an amount not to exceed $2,900,000,based on the following computation: See Attachment A for Project budget. 2.MATCHING REQUIREMENTS: Grantee certifies that the following matching requirement for the Grant will be met by GRANTEE. The total project cost is $2,900,000. Grantee agrees to match at least$0 of this project cast. THE TOTAL STATE OBLIGATION FOR ALL COMPENSATION AND REIMBURSEMENTS TO GRANTEE SHALL NOT EXCEED:TWO MILLION NINE HUNDRED THOUSAND DOLLARS Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this Agreement, it is understood that any reduction or termination of funds allocated to the State may result in a like reduction to the Grantee, 4.2.Payment (1) Payment. The State shall disburse funds to the Grantee pursuant to this Agreement on a reimbursement basis, based upon a payment request and required expenditure documentation submitted, as defined in current Reimbursement Manual, by the Grantee; and reviewed and approved by the State. The Grantee shall submit at least one payment request each quarter. The Grantee shall submit a final billing within 30 days of the end of the program period, or the expiration of the grant as specified herein, If necessary, advance payments on grants shall be negotiated between the State and Grantee on a case by case basis. In order to make advance payments,the Grantee must prepare and submit a written justification to the State that details the specific need to utilize advance payments. A copy of the signed justification must be maintained in the grant file. All advance payments on grants must be reconciled within 12 months of issuance or within 60 days of the end of the grant period,whichever comes first. (2) Retainage. Under Minnesota Statutes Section 16C.08,subdivision 5(b),no more than 90%of the amount due under this agreement may be paid until the final product of this agreement has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Grantee has satisfactorily fulfilled all the terms of this agreement. Unless specifically excluded in writing by the commissioner. (3) Federal,funds. (Where applicable,if blank this section does not apply) Payments under this grant agreement will be made from federal funds obtained by the State through Title CFDA number of the Act of The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Use of Funds 5.1 The Grantee shall use the proceeds of this agreement only for the eligible direct expenditures of the Program as described in the approved accomplishment plan. 5.2 The Grantee may provide portions of the proceeds of this agreement to the State. Work done by the State must be so specified in the approved accomplishment plan. A letter shall be submitted to the State's authorized representative and include:the specific area of the accomplishment plan authorizing the Work;the portion of the proceeds to be used by the State;the name,title,address,phone number and e-mail address for the State's staff member assigned to accomplish the work;the expected completion date of the work; and a brief description of the nature of the work sufficient as the basis for judgment of whether or not the work was accomplished. The State will have the opportunity to review the letter and approve the work prior to accepting the funds. The Grantee's proceeds available under clause 4,Consideration and Payment, of this agreement shall be reduced by the amount provided for State use.In return,the State agrees to report back to the Grantee as to how appropriation funds were spent once the work is completed. z Grant (Rev.8111) 6 Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State's'satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,state, and local laws, ordinances,rules,and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state, or local law. The Grantee will be bound to the current Reimbursement Manual, as provided by the State. 7 Authorizer) Representative The State's Authorized Representative is Kristel Lynch, Grants Manager,500 Lafayette Road, St.Paul,MN 55155- 4010, (651)-259-5533, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Becca Nash,Project Manager,2610 University Avenue, Suite 300, St. Paul,MN 5514, 651-917-224fl, or hislher successor. If the Grantee's Authorized Representative changes at any time during this grant Agreement,the Grantee must ilnrhediately notify the State. 8 Assignment,Amendments,Waiver, and Grant agreement Complete 8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 8.2 Amendments Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 8.3 Waiver. If the State fails to enforce any provision of this grant agreement,that failure does not waive the provision or its right to enforce.it. 8.4 Grant Agreement Complete. his grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement,whether written or oral,may be used to bind either parry. 9 Subcontractors The Grantee agrees that if it subcontracts any portion of this Program to another entity,that the agreement with the subcontractor will contain all provisions of the agreement with the State and approved accomplishment plan in its entirety. The Grantee will refer to the Subcontractors section in the current Reimbursement Manual, as provided by the State. 10 Liability The Grantee must indemnify,save, and hold the State,its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State,arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 11 State Audits Under Minn. Stat. §16C.05, subd. 5,the Grantee's books,records,documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this grant agreement. 12 Government Data Practices and Intellectual Property 12.1 Government Data Practices. The Grantee and State must comply with the Minnesota Govermnent Data Practices Act,Minn. Stat, Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected,received,stored,used,maintained, or disseminated by the Grantee under this grant agreement.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. s Grant (Rev.8111) If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. . 12.2 Intellectual Properop Rights(if applicable) (A)Intellectual Properly Rights., The State owns all rights,title, and interest in all of the intellectual property rights,including copyrights,patents,trade secrets,trademarks,and service marks in the Works and Documents created andpaid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable),databases, computer programs, reports,notes,studies,photographs,negatives, designs, drawings,specifications, materials,tapes,and disks conceived,reduced to practice,created or originated by the Grantee, its employees,agents,and subcontractors, either individually or jointly with others in the performance of this contract. Works includes "Documents." Documents are the originals of any databases, computer programs,reports,notes, studies,photographs,negatives, designs, drawings, b specifications,materials,tapes, disks, or other materials, whether in tangible or electronic forms, prepared y the Grantee, its employees,agents, or subcontractors,in the performance of this contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this contract. To the extent possible,those Works eligible for copyright protection under the United States Copyright Act will be deemed to be"works made for hire." The Grantee assigns all right,title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. ($) Obligations 1.Notification. Whenever any invention,improvement, or discovery(whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee,including its employees and subcontractors,in the performance of this contract,the Grantee will immediately give the State's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2.Representation. The Grantee must perform all acts,and take all steps necessary to ensure that all intellectual Property rights in the Works and.Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8,the Grantee will indemnify; defend,to the extent permitted by the Attorney General;and hold harmless the State,at the Grantee's expense,from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims,demands, obligations, liabilities, costs, and damages, including but not limited to,attorney fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise,the Grantee must, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 13 Workers' Compensation The Grantee certifies that it is in compliance with Minn.Stat. § 176.181,subd. 2,pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 1 14 Acknowledgment and Endorsement I 14.1 Acknowledgment The Grantee receiving an appropriation from the fund must acknowledge financial support from the Outdoor Heritage Fund in program publications,signage and other public communication and outreach 4 Grant (Rev.8/11) related to work completed using the appropriation. Acknowledgment may occur, as appropriate,through use of the fund logo or inclusion of language attributing support from the fund. Grantee should also reference Attachment F. 14.2,E,ndorsenient. The Grantee must not claim that the State endorses its products or services. '15 Governing Law,Jurisdiction, and Venue Minnesota law,without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach,must be in the appropriate state or federal court with competent _jurisdiction in Ramsey County, Minnesota. 16 Termination The State may cancel,this grant agreement at any time,with or without cause,upon 30 days' written notice to the Grantee. Upon termination,the Grantee will be entitled to payment, detennined on a pro rata basis,for services satisfactorily performed. 17 Data Disclosure Under Minn. Stat. § 270C.65,Subd. 3,and other applicable law,the Grantee consents to disclosure of its social security number,federal cmployer tax identification number, and/or Minnesota tax identification number, already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 18 American Disabilities Act The Grantee must comply with the accessibility guidelines. Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act(ADA) accessibility guidelines. 18.1 Americans with Disability Accessibili Guidelines for Buildings and Facilities (AD A kG 2002. 14 Reporting Requirements The Grantee is bound to reporting requirements in Attachments A and F, as well as Attachments E and G (if applicable). 20 Monitoring The State shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program completion. At least one monitoring visit per grant period on all state grants of over$50,000 will be conducted and at least annual monitoring visits on grants of over$250,000. Following closure of the program,the State's authorized representatives shall be allowed to conduct post completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 21 Invasive Species Prevention Grantees and subcontractors must follow Minnesota DNR's Operational Order 113,which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR- administered lands. This applies to all activities performed on all lands under this grant agreement and is not limited to lands under DNR control or public waters. Duties are listed under Sections 11 and Ill (p. 5-8) of Operational Order 113 which may be found at h :/l files.dnr.state.rnn.us/as§istance/ ants/habitat/licTita e/o order 113.Pd 22 Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions a. The prospective lower tier participant certifies,by submission of this agreement,that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such s Grant (Rev.8111} prospective participant shall atfach an explanation to this agreement. 23 In the Event of a Lawsuit The grant funded by an appropriation or portion of an appropriation from a legacy, fiend will be canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 24 Affirmative Action For agreements in excess of$100,000.00,the Recipientmust certify that it is in compliance with Minn. Stat. 363A.36 -Certificates of Compliance for Public Contracts. Counties,cities and schools are no longer required to comply with the Affirmative Action Certification requirement. Recipient agencies or organizations that did not have more than 40 fbil time employees in the State of Minnesota on a single working day during the previous 12 months are also not required to comply with the Affirmation Action Certification requirement. 25 Program Requirements The grantee must comply with Attaclunent F,Additional Outdoor Heritage Fund Requirements. The attachment is, subject to changes in law and the DNR Authorized Representative will notify Grantee of modifications. Attachments: X A.Current Accomplishment Plan with LSOHC Approval Letter X B.Certification or Approval by Recipient's Board or Council X C.Evidence of Compliance with or Exemption from Affirmative Action Certification' X D. Conflict of Interest Statement X E.Land Acquisition and Reporting Procedures(if applicable) X F,Additional Outdoor Heritage Fund Requirements G. Other Reporting Requirements: 1.,STATE ENCUAURANCE I%RIFICATION 3, ST E AGENC Individual Ceres that funds have been encumbered as required by Minn,S4atutes 16A15 and 160,05, BY del at authori Signed; Title: )date: 1 010 6/2 0 1 1 Date: J SWIFT PO No.3000008675 2. GRANTEE The Grantee certifies that the appropriate perm(s) have execdted the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: — Date: Disiribution: By: Agency Grantee Title: State's Authorized Representative-Phata Capy Date- . 6 Grant (Rev.$111) Attachment A. Current Accomplishment Plan with LSOHC Approval Letter i 1 I 1W Lessard-Sains Outdoor Heritage Council The State of Minnesota State Office Building,Room G95 lob Dr.Rev.Martin Luther Bing Jr.Blvd. Saint Paul,Minnesota 55155 July.251 2011 Ms. Deborah Loon Executive Director Minnesota Valley National Wildlife Refuge Trust, Inc. 2312 Seabury Ave. Minneapolis, MN 55406 In re: Minnesota Laws 2011, First Special Session, Ch. 6,Art. 1,Sec. 2,Subd. 5 (d) Metro Big Rivers Habitat-Phase II $5,000,000 the first year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota;and St. Croix Rivers as follows: $960,000 to the Minnesota Valley National Wildlife Refuge Trust, Inc.; $150,000 to Great River Greening;$840,000 to Minnesota Land Trust; $150,000 to Friends of the Mississippi River; and $2,900,000 to The Trust for Public Land.A list of proposed projects,describing types and locations of acquisitions, restorations, and enhancements, must be provided as part of the required accomplishment plan.The accomplishment plan must include an easement monitoring and enforcement plan. Money appropriated from the outdoor heritage fund for easement acquisition may be used to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to subdivision 15.An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund. Dear Deb, The Lessard-Sams Outdoor Heritage Council met on June 21, 2011 and reviewed accomplishment plans for 2011 appropriations from Laws of Minnesota, First Special Session 2011, Chapter 6 as required by Article 1,Section 2,Subdivision 8 of Chapter 6.At that meeting,the council delegated final approval of accomplishment plans to the Executive Director for approval subsequent to execution by the Governor of.Minnesota. On July 20,2011 the Governor signed your appropriation into law.. Therefore, based on the council's review of your accomplishment plan I hereby approve your accomplishment plan.You are approved to receive reimbursement for expenses direct to and necessary for your program beginning July 20,2011. Unless otherwise provided,the amounts in this section are available until June 30, 2014,when projects must be completed and final accomplishments reported. Funds for restoration or enhancement are available until June 30, 2016, or four years after acquisition,whichever is later,in order to complete restoration or enhancement work. If a project receives federal funds,the time period of the appropriation is extended to equal the availability of federal funding. Ms_ Deborah Loon July 25, 2011 Page Two wish you good fortune in implementing your project. Sincerely, William H. Becker Executive Director C: Mary Robison, Minnesota Management and Budget Mike Roelofs, Director of Budget Services, Minnesota Management and Budget David Hartwell, Chair, Lessard-Sams Outdoor Heritage Council Lessard-Sams Outdoor Heritage Council 201.2 Acconiphsbmeyit Plan Program-title: Metro Big Rivers Habitat Phase 2 Manager's Name: Deborah Loon Title: Executive Director Organization: Minnesota Valley National Wildlife Refuge Trust, Inc. Telephone: 612-801-1935 Email: @comcast.net Fax:.612-728-0700 Funds Recommended:$5,000,000 Legislative Citation; ML 2011, First Special Session, Ch. 6, Art. 1,Sec. 2,Subd, 5 (d): $5,000,000 the first year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows: $960,000 to the Minnesota Valley National Wildlife Refuge Trust, Inc.; $150,000 to Great River Greening;$840,000 to Minnesota Land Trust; $150,000 to Friends of the Mississippi River; and $2,900,000 to The Trust for Public Land.A list of proposed projects, describing types and locations of acquisitions, restorations, and enhancements, must be provided as part of the required accomplishment plan.The accomplishment plan must include an easement monitoring and enforcement plan. Money appropriated from the outdoor heritage fund for easement acquisition may be used to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to subdivision 15.An annual financial report is required for any monitoring and enforcement.fund established, including expenditures from the fund. i Abstract; Metro Big Rivers will protect 733 acres, restore 26 acres and enhance 158 acres of priority wildlife habitat within the three big rivers corridors in the Metropolitan Urbanizing Area. I Pi•owain Narrative Design acrd Scope-of Work In this second project phase, Metro Big Rivers will permanently protect 733 acres, restore 41 acres and enhance 130 acres of high quality wildlife habitat and fisheries in the Metropolitan Urbanizing Section with Outdoor Heritage Funds. Usfng other leveraged funds,the partners will protect 127 additional acres,for a total of 860 acres protected in the three river corridors in the Metro Urbanizing Section. I The partners of Metro Big Rivers Phase 2 arefive established and experienced conservation organizations-- Friends of the Mississippi River, Great River Greening, Minnesota Land Trust, Minnesota Valley National Wildlife Refuge Trust, Inc., and Trust for Public Land. Each of these organizations has a solid track record completing the type of work proposed, both independently and collaboratively. Their proposed work is described below, Priorities are set bythe partners to meet objectives of the many applicable state and local plans (listed later) and in collaboration with the governmental agencies that will be the final stewards,where applicable. of the Mississip_pi_River(FMR)will conduct restoration and enhancement activities on 136 acres at two high priority publicly-owned sites in Dakota County.These sites were identified as being ecologically important by two or more separate and independent science-based planning processes,which also included public-input components. As a result,each of the proposed sites not only contains important habitat and other ecological values,they also benefit from the-support of local communities. Both properties are connected to other important natural areas, build on existing restoration projects, and are within the Metro Conservation Corridors. Gores Pool Wildlife Management Area, Freitag Tract--FMR will (1) restore 4 acres of prairie and 15 acres of wet meadow by eradicating non-native grass cover and re-seeding with native wetland species, and restore 7 acres of floodplain forest by reducing invasive grass cover, and (2) enhance 94 acres of floodplain and upland forest by removing exotic invasive woody plants. Gores Pool is a state-owned Wildlife Management Area and Aquatic Management Area. It is a 6,449 acre complex of floodplain forest, marshland and backwater along the Mississippi River and Vermillion River Bottoms.The Freitag Tract was purchased in 2008 by the DNR in partnership with Dakota County and the City of Hastings. FMR developed a Natural Resource Management Plan and has begun working with the DNR's Area Wildlife Manager on habitat restoration and enhancement activities on 70 acres of this 300-acre tract. Rosemount Wildlife Preserve--FMR will enhance a restored 7 acre prairie and 9 acre forest with treatment of exotic invasive species and prescribed burns.These 16-acres are the public portion of the larger 24-acre wildlife preserve,which also includes permanently protected private land. This preserve is within the metro conservation corridors in north-central Rosemount, between Lebanon Hills Park and Pine Bend Bluffs SNA,and contains prairie,woodland and a pond.The City of Rosemount owns 16 acres and a private party owns the other 8 acres.The entire site is permanently protected by a conservation easement. The property is identified in state and local plans as ecologically significant and worthy of protection. FMR developed a Natural Resource Management Plan for the site and has been steadily implementing it over the last five years, in cooperation with the private landowner and the City of Rosemount, partners in this project. The work to be completed under this grant is a continuation of the. restoration work started five years ago. River Greening GRG)will enhance over 10 acres of land at targeted sites along the northern bank of Crosby Lake. As a result,the project will improve water clarity and fish habitat in 48 acres of this important fishing lake in the City of St. Paul, Ramsey County. Crosby Lake is located within the floodplain of the Mississippi River and is part of a complex of wetland and forested areas associated with the Mississippi River Valley. When the Mississippi River floods, fish and other aquatic animals gain access to Crosby Lake and Upper Lake,which act'as nurseries for their offspring. Since 2005,water clarity has declined and chlorophyll-a has increased in Crosby Lake, negatively affecting fish habitat for one of the most popular and accessible urban fakes. Crosby Lake and the associated Mississippi River are fish habitat for , crappie, pike, perch, , carp, and . The declining quality of fish habitat in Crosby Lake has been noted as an issue in three plans developed with government and citizen involvement. GRG will utilize state-of-the-art bioengineering strategies to correct areas of erosion and protect 32 fish, 18 mollusk, 5 reptile and 4 amphibian species (identified during a 2009 BioBlitz survey). The Minnesota Land_Trust MLT will permanently protect 3DD acres through conservation easements on 2 or 3 parcels in the Northwest Metro Mississippi River corridor to protect riparian habitat and critical linkages between important areas of publicly-protected habitat, like the Sherburne National Wildlife Refuge. The 58-mile stretch of the Mississippi River through the northwest metropolitan area from.Anoka to St. Cloud is known for its exceptional wildlife habitat and is popular for boating, canoeing,fishing, hunting, and other water-based recreational activities. While several popular game fish species are found in this stretch of the Mississippi, it is especially prime habitat for smallmouth bass. Today, much of thisstretch of the Mississippi River remains in a natural condition, with the forested shoreline of the River and its tributaries intact. This condition is increasingly threatened, however, due to the fact that this stretch of the Mississippi Corridor parallels one of the state's highest growth areas— the Interstate 94 corridor from the Twin Cities to St. Cloud. The Minnesota Land Trust will expand its efforts in Protecting Habitat in the Northwest Metro.. Mississippi Corridor. This project will build on the more than 15 permanent conservation easements already in place within the Northwest Metro Mississippi Corridor, as well as the significant public investment in habitat protection, including several WMAs,Sand Dunes State FroreSt, Lake Maria State Park,several county parks, and Sherburne National Wildlife Refuge. With this grant, MLT will: • Acquire 2 or perpetual conservation easements protecting a minimum of 300 acres of land • Document property conditions, require habitat management plans as appropriate, and direct the use of native vegetation in conjunction with any required restoration I • Dedicate funds for the perpetual monitoring, management and enforcement of those easements. The Land Trust will prioritize existing and future potential parcels for protection using the following criteria, in this order of importance: • Habitat: quality and quantity of existing habitat on site • Context: proximity and relationship to other protected lands • Opportunity: cost-benefit ratio:which landowners will participate now • Other Benefits: meeting multiple objectives, including visual and physical access, forestry goals, water quality, etc. The Minnesota Valley National Wildlife Refuge Trust, Inc. will acquire fee title to 240 acres of high priority habitat to expand the Minnesota Valley National Wildlife Refuge (Refuge) in the floodplain of the Minnesota River between Chaska and LeSueur. The Trust will acquire 60 additional acres with other non-state funds,for a combined total of at least 300 acres. The Refuge expansion units have been prioritized by the USFWS in its Comprehensive Conservation Plan (CCP)for the Minnesota Valley!National Wildlife Refuge and Wetland Management District. Priorities were identified through a science-based, public planning process as having strong potential to provide high quality habitat for wildlife and opportunities for wildlife-dependent recreation. Ail prioritized lands are along the Minnesota River and include river frontage,floodplain and cropland. Following acquisition,the Trust and USFWS will develop a restoration and management plan,then restore and enhance the floodplain forest,wetlands and prairie in cooperation with partners. This project will reduce fragmentation and combat habitat loss to provide quality habitat and increase breeding and migratory habitat for waterfowl,shorebirds, neotropical migrants, and other species, . including non-migratory resident species. It also will protect native plant and animal species, improve water quality of the Minnesota River and increase public access for wildlife-dependent recreation, including hunting,fishing, birding, photography, hiking and wildlife interpretation. After restoration and enhancement,the lands acquired will be donated to the USFWS for perpetual management for wildlife and wildlife-dependent recreation as part of the Minnesota Valley National Wildlife Refuge. The Trust for Public land (TPL)will acquire fee title to 200 acres of forest, wetland, prairie and aquatic habitat along the Minnesota, Mississippi and/or St. Croix Rivers and keytributaries.TPL will protect another 67 acres with leveraged dollars,for total protection of 267 acres of high quality habitat. TPL will select among five projects (described below)that are high priorities identified by TPL's public partners to protect high quality habitat alongthe three big River Corridors in the Metropolitan Urbanizing Area. With the grant funds,TPL will not complete all of these projects. TPL will achieve the acreage targets from among these projects depending on how quickly projects move, landowner timelines, due diligence challenges,timing of leveraged dollars, etc. Minnesota River Habitat Corridor potential projects: • Acquire fee title of up to 98 acres to continue expansion of the DNR's Savage Fen Scientific and Natural Area along the Minnesota River. This addition is adjacent to existing protected land and includes wetland and associated upland forest. • Acquire fee title of up to 30 acres at Pike Lake Natural Area for city,township or county protection. This is critical shoreline on a shallow lake with abundant waterfowl and nesting bald eagles. This projectwill connect existing natural area owned by the city with natural land owned by the YMCA, creating a larger wildlife corridor along Pike Creek,which flows 3 miles to the north into the Minnesota River, Mississippi River Habitat Corridor potential project: • Acquire fee title of up to 170 acres with 1200 feet of shoreline on the Wild and Scenic Rum River,just a few miles upstream of the Mississippi River,for city,township or county protection. The Rum River is an excellent bass fishery and a favorite canoe route. The land is mixed woodland and wetland habitat. St. Croix River Habitat Corridor potential projects: Acquire fee title of up to 200 acres of forest for state or federal protection in the Franconia/ Scandia St. Croix River corridor. This project will complement existing protected sands along the St. Croix National Scenic Riverway. + Acquire fee title of up to 1,000 acres of mixed forest and associated wetlands/shallow lake terrain, providing excellent habitat for waterfowl, deer and pheasant near Big Marine Lake. This is part of the larger St. Croix Greenway that connects to the St. Croix River. Ultimate protection will be in partnership with state and Local partners. Plaii iii ii g The Metro Sig Rivers.partnership has relied on science-based processes to identify potential projects for this grant phase. Partners apply the following key-habitat priorities ofthe Minnesota Statewide Conservation and Preservation Plan: • Protect priority habitat • Protect critical shorelands • Improve connectivity and access to outdoor recreation • Restore land,wetlands, and wetland-associated watersheds • Protect and restore critical in-water habitat of lakes and streams • Keep water on the landscape. z Metro Big Rivers will meet three LSOHC priorities for the Metro Urbanizing Section: • Protect habitat corridors,with emphasis on the Minnesota, Mississippi and St. Croix rivers • Protect, enhance and restore remnant native prairie, Big Woods forests and oak savanna with an emphasis on areas with high biological diversity • Protect, enhance and restore riparian and littoral habitats on lakes to benefit game and non- game fish species. Specific to "improving connectivity and access to outdoor recreation," Metro Big Rivers works to improve and expand new hunting,fishing and other wildlife-based recreational opportunities close to home for the 3 million Minnesotans who lives in the Twin Cities Metropolitan Area.These opportunities will help to build a new generation of Minnesotans who love to hunt,fish, bird-watch, or study wildlife. Metro Big Rivers also implements specific habitat priorities in the State Wildlife Action Plan (Tomorrow's Habitat for the Wild and Rare:An Action Plan for Minnesota Wildlife,)supports several species occurrences documented in the DNR's Minnesota County Biological Survey Heritage Database, and implements recommendations from various species-specific plans (e.g.,Long Term Duck Recovery Plan). Metro Big Rivers projects also are supported and often identified in location-specific plans, including the following: • Dakota County Farmland and Natural Area Protection Plan, Mississippi River Greenway Strategic Plan &Northern Dakota County Greenway Plan (FMR). • The Crosby Lake Management Plan,Work Plan,Crosby Farm Regional Park Ecological Inventory and Restoration Management Plan,and Crosby Park Bluff Trail Study(GRG). • Comprehensive Conservation Plan for the Minnesota Valley National Wildlife Refuge and Wetland Management District(MVT) • Washington County Land Protection Plan;Scott County Land Protection Plan, and St. Croix River Association Land Protection Plan (TPL). Relationship to Other Constitutional Funds All Metro Big Rivers partners also are partners in the Metropolitan Conservation Corridors(MeCC), which complete protection, restoration and enhancement work with grants from the Minnesota Environment and Natural Resources Trust Fund (ENRTF), as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). McCC has been working since 2005. In all cases,the projects to be completed by Metro Big Rivers Phase 2 with this Outdoor Heritage Fund grant complement other funding and, most importantly, accelerate habitat work in the Twin Cities Metropolitan Urbanizing Area. The grant to Metro Big Rivers Phase 2 does not supplant any other sources of funds. uae�rnx��r: I i One partner's projects (TFL) may require other state funding sources to successfully complete the fee title acquisition identified herein. These other funding sources may include ENRTF, Clean Water or Parks /Trails funds. Reladonsiiip to Cui-rent 01'gafflzatioiial Budget The OHF grant funds will be used exclusively to complete the proposed project activities,thereby accelerating the protection, restoration and enhancement of high priority habitat in the Twin Cities Metropolitan Area. The grant funds are in addition to the organizational operating budget of each partner and other funds secured for habitat work. These grant funds will not substitute for or supplant other funding sources. 5ustainability and Maintei,;wice Metro Big Rivers Habitat partners will.work with experienced local, state and federal land programs and private landowners to maintain the acquired and restored lands. With a strong record of leveraging funds to protect, restore and enhance wildlife habitat in the metro area,the partners are committed to working with the land stewards to secure resources to maintain these lands. The specific long-term land stewards for each project are listed here: Friends of Mississippi River—By the end of the project period, FMR expects the bulk of needed restoration and enhancement activities will be accomplished and the project will move into a lower cost maintenance phase. There will be continued costs associated with controlling exotic brush,for example. FMR has a long history of staying involved at each project site, and seeking additional maintenance funds as the need arises. The exact sources of funding are not known at this time, but would likely include a combination of state, local, and private funds. Great River Greening The cost of ongoing management is relatively low and will be accommodated in the existing program funds of the City of Saint Paul. Minnesota Land Trust—The land protected through conservation easements will be sustained through the best standards and practices for conservation easement stewardship. Funding for easement stewardshipforthe Minnesota Land Trust is included in the-budget outlined above.. The Minnesota Land Trust has a comprehensive stewardship program that includes annual property monitoring, effective records management, addressing inquiries and interpretations,tracking changes in ownership, investigating potential violations and defending the easement in case of a true violation. Minnesota Valley Trust.-After acquisition,the habitat will be restored and/or enhanced, as needed, by the MN Valley Trust and USFWS. The lands will then be donated to the USFWS for perpetual management by USFWS as part of the Minnesota Valley National Wildlife Refuge. Trust for Public Land—In each of the five potential projects,TPL wilIwo rk with the longterm public agency steward to develop a plan for enhancement and restoration as needed, including a plan to fund the initial work and maintain the land in the long term. The long term steward will be the Minnesota DNR,federal government or a local unit of government.TPL will require that the long term steward support this sustainable approach to habitat protection. Accomplishment Timeline Friends of the Mississippi River- Activity Milestone Date Commence project Let contractor bids Aug 2011 Prairie enhancement Complete 17 acres June 2013 Prairie restoration Complete 22 acres June 2013 Forest enhancement Complete 65 acres June 2015 Prairie restoration Complete 4 acres June 2015 Wetland restoration Complete 15 acres June 2015 Great River Greening— Activity Milestone mate Commence project July 2011 Project scoping and design Design implementation March 2012 pia n Enhancement of ten acres Ten acres completed I July 2013 Minnesota Land Trust— Activity Milestone Date Acquire conservation easements: Protect 300 acres by June 2013 • Identify landowners completing 2-3 • Negotiate, draft, complete easements conservation easements • Dedicate funds for easement stewardship Minnesota Valley Trust— Activity Milestone Bate Com_lete landowner negotiations: _ p & purchase Complete August 2011 agreements . tannin,.'... ,.._ ... .._ .... ...... ....: .. ....... ......... Restoration &stewardshi p planning, due Complete October 2011 diligence Closing Closing —300 acres December 2011 Trust for Public Land— Activity Milestane Gate Complete landowner negotiations &secure Complete October 2011 purchase agreements— parcels Restoration &stewardship planning and Complete August 2012 acquisition due diligence Closing Closing parcels-180 acres . ',October 2012 Com lete landowner ne otiations &secure ;Complete April 2012 purchase agreements— parcels 'Restoration &stewardship planning and Complete October 2012 acquisition due diligence 0 Closing :Closing 2nd arcels-8 acres?Feb ruar y. •F r 2013 Table R-2. Other Outcoiiie Table—Not Applicable Goal 1 Activity'—P/R/E Measure impact Ecological Type N/A Goal Attachments (on spreadsheet workbook—3 separate tabs): A. Budget 8, Proposed Outcome Tables C. Parcel List No Map is needed for the accomplishment plan I Attachment A. Budget Spreadsheet Name of Proposal: Metro Sig Rivers Habitat Phase 2 Date, 8 Oct ZO Legal Citation/Proposal Number: H-05 Link Here to definitions of the budget items below. Total Amount of Request S,000,QQQ From page 1 on the funding form. Personnel Over#of Anticipated Cash FTE years LSOHC Request Leverage Cash Leverage Source Total Position breakdown here Conservation Director(FMR 0.02 4 $ 5,184 $ 5,184 Ecologist/Project Mgr(FMR o.08 4 $ 22,160 $ 22,260 Ecologist(GRG) 6.34 2 $ 15,000 $ 15,000 $ 30,000 Business Director(GRG) 0.03 2 $ 2,800 $ 2,800 $ 5,600 Conservation Staff(MLT) 0.25 2 $ 35,000 $ 35,000 Staff Attorney(MLT) 0.05 2 $ 9,000 $ 9,000 Support-Staff(MLT) 0105 2 $ 5,000 $ 5,000' Total 0.82 $_ 94;244 $ 17,800 S $ 112,044 Budget and Cash Leverage (Allyour LSt}HC'Request Funds must be direct to and.oecessary forprogram outcomes.) Please describe how you intend to spend the requested funds. Anticipated Cash Budget Item L50HC Request Leverage Cash Leverage Source Total Personnel-auto entered from above $ 94,244" '$ 17,800 $ - $ 112,044. Contracts $ 209,134 $ 10,000 FMR $ 219,134 Fee Acquisition w/PILT(breakout in table 6&7) $ 2,030,000 $ 700,000 Local,otherstate,fed $ 2,730,000 Fee Acquisition w/o PILT(breakout)n table 6&7) $ 1,825,000 $ 540,000 Private,federal,local, $ 2,365,000 Easement Acquisition $ 715,000 $ 250,000 Donated easement $ 975,000 Easement Stewardship $ 45,000 $ 45,000 Travel(in-state) $ 2,302 $ 2,302 Professional Services $ 20,000 $ 20,000 DNR Land Acquisition Costs $ 5,000 $ 5,000 ether $ 44,320 Capital Equipment(auto enteredfrom below) $ - $'.. $ Other Equipment/Tools $ Supplies/Materials $ 44,3201 $ 44,320 $ 5,000,000 $ 1,517,800 .$ $ 6,517,800 Capital Equipment (single items over:$10,000-auto entered into table above) Item Name LSOHC Request Leverage NONE Total 0 0 Attachment B. Certification or Approval by Recipient's Board or Council i EXIHBIT B CERTIFICATION 1, Michael C. Zender, hereby certify that I am a duly elected and acting Assistant Secretary of The Trust for Public Land, a nonprofit corporation, organized under the laws of the State of California and classified thereunder as a public benefit corporation. I further certify that The Trust for Public Land is authorized to sign the Agreement Between the State of Minnesota and The Trust for Public Land to which this Exhibit B is attached (the "Agreement") and that Susan Schmidt, Minnesota State Office Director is duly authorized to execute said Agreement on behalf of The Trust for Public Land. Executed at St. Paul, Minnesota, this 310 day of /UOV16 � , 2011. Michael C. Zender Attachment C. Evidence of Compliance with or Exemption from Affirmative Action Certification i State Of Minnesota—Affinnative Action Data Page If your response to this solicitation is in excess of$100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required--to apply for Human Rights certification prior to execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to Box B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) -or- has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. . Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on ally single working day during the previous 12 months: • We have a current Certificate of Compliance issued by.the MDHR. Proceed to Box C. Include a copy of your certificate with your response. • We do not have a current Certificate of Compliance. However,we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on . (date). [If the date is the same as the response due date, indicate the time your plan was received: (time)]. Proceed to Box C. ❑ We do not have a Certificate of Compliance,nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to Box C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.) Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal govermnent, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B – For those companies not described in BOX A Check below. We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. BOX C – For all companies By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contract. Contractors are alerted to these requirements by the federal government,) Name of Company: u Date: 1A I Authorized Signature: Tcleph one number: (0-S)° Cl 53:Lj Printed Name: s Title: DV14N4`�,C�i J� For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5'' St., Suite 700 St. Paul,MN 55101 TC Metro: (651)296-5663 Toll Free: 800-657-3704 Website: www.humanriahts.state.mn.us Fax: (651) 296-9042 TTY: (651) 296-1283 Email: employerinfo a,tlleri htsplace.net I Attachment D. Conflict of Interest Statement i EXHIBIT D The Grantee attests that a true and correct copy of Grantee's Conflict of Interest Policy is attached hereto. Further, the Grantee attests that no actual or perceived conflicts of interest issues exist. Susan Schmidt Minnesota State Director THE TRUST FOR PUBLIC LAND STANDING RESOLUTION OF THE BOARD OF DIRECTORS TPL CONFLICT OF INTEREST POLICY (and related policies) January 20,2005 RESOLVED,that the Board of Directors of The Trust for Public Land hereby adopts the following policies and procedures relating to conflicts of interest and transactions involving interested parties: Conflicts of Interest A conflict of interest may exist.when the interests or concerns of an Interested Party(as that term is described below)maybe-seen as competing with the interests or concerns of The Trust for Public Land. Neither TPL nor an Interested Party shall engage in conduct which the Conflict Review Committee (described below),the Executive Committee, or the Board of Directors considers to be an unacceptable conflict of interest. Parties Covered by this Policy The following individuals and organizations ("Interested Party or Interested Parties") are covered by this policy, and will be so notified as appropriate, if and when their activities present a possible conflict of interest: Staff Members. All current employees of the Trust for Public Land and consultants and independent contractors providing services to TPL, and their Immediate Family, as well as Affiliated Entities of the staff members, consultants and contractors and their Immediate Family. Board of Directors. All members of the Board of Directors and their Immediate Family, as well as Affiliated Entities of the Board members and their Immediate Family. Advisory Board Members. All members of official TPL volunteer advisory boards, including but not limited to the National Leadership Council and other national,regional, state and local advisory boards; and their Immediate Family, as well as Affiliated Entities of the advisory board members and their Immediate Family. TPL Conflict of Interest Policy 1-20-05 1 Major Donors. All donors to TPL who have contributed a substantial amount of money or property, including real property or land value, and their Immediate Family, as well as Affiliated Entities of the major donors and their Immediate Family. Ordinarily, the donation of money or assets worth$100,000 or more in total over a three-year period is substantial, although smaller amounts may be deemed substantial under the specific circumstances. Donors who have contributed property to TPL, or contributed land value to TPL as part of a real estate acquisition, or who have contributed cash to TPL in connection with a conservation land transaction,will be deemed donors subject to this policy with respect to subsequent transactions. Insiders. All parties who may have inside information about TPL due to past employment at TPL, or past service as a member of the Board of Directors or a volunteer committee, or otherwise, and their Immediate Family, as well as AffiliatedEntities of Insiders and their hnmediate Family. For the purposes of the definitions above,the following terms are defined: "Immediate Family": Immediate family include spouses, children,parents, in-laws, grandchildren, grandparents, siblings and partners or"significant others." "Affiliated Entity": An Affiliated Entity is any corporation, partnership,trust or other business entity in which an individual otherwise subject to this policy (a)has a management or fiduciary role, or(b) individually or collectively with other members of the individual's Immediate Family, owns a"Substantial Interest"in the entity. A 5% or more interest in an entity will normally be deemed a Substantial Interest, although a smaller interest may also be considered substantial if the value of the entity is large. Covered Transactions Any transaction or situation in which an Interested Party's interests are in conflict with those of TPL is covered by this policy. The following situations are specifically covered by this policy: Buying or Selling Land. The sale or leasing of land or any interest in land(including a conservation easement) from, or the sale or leasing of land or any interest in land (including a conservation easement)to, an Interested Parry is subject to this policy. Providing Goods or Services. The purchase of goods or services from an Interested Party is subject to this policy. Donated goods are not subject to this policy,but donated services, such as pro bono legal services, are covered. Hiring of Employee. The hiring by TPL of an Interested Party (other than current employees) is subject to this policy. TPL Conflict of Interest Policy 1-20-05 2 Process for Addressing Potential Conflicts of Interest When any director, officer or employee of TPL is concerned about an actual or potential conflict of interest, he or she should disclose such circumstance to the General Counsel. If the General Counsel concludes that a given course of action does or will constitute a conflict of interest or give rise to the appearances of a conflict of interest detrimental to TPL, and it is deemed advisable and reasonable to pursue the transaction despite the potential conflict of interest or appearances of a conflict of interest, the matter shall be brought for final resolution to a committee composed of the Executive Vice President,the Chief Financial Officer, and the General Counsel (the "Conflicts Review Committee), unless the potential conflict involves a member of the Board of Directors or the member's Immediate Family or Affiliated Entity, in which case the matter shall be referred to the Executive Committee of the Board of Directors. The relevant body considering the potential conflict of interest shall evaluate the proposed transaction and potential conflict.of interest, and may approve proceeding with the transaction if (1) all material interests have been disclosed; (2)the transaction is deemed to be fair and reasonable to TPL and in TPL's.best interests; (3)the transaction does not confer any special benefit on the Interested Parry; and (4)the Interested Party does not have any role in the decision and has not influenced the decision. If the Interested Party is a member of the Board of Directors,the interested director shall retire from the room in which the board meeting is taking place and shall not participate in the final deliberation or decision regarding the matter under consideration. The minutes of the meeting shall reflect that the conflict of interest was disclosed and that the Interested Party was not present during the final discussion or vote and did not.vote. If the Conflicts Review Committee concludes that a proposed transaction raises significant policy issues, it shall bring the matter to the attention of a member of the Executive Committee,who shall j oin in the deliberation. If the Executive Committee member so elects,the matter shall be referred to the Executive Committee. The Conflicts Review Committee shall report to the Executive Committee on matters it has reviewed. If a transaction is subject to.this policy because the Interested Party is a Major Donor due to a gift of land or land value or cash in connection with a previous conservation transaction,the potential conflict may be reviewed by the Executive Committee or the Project Review Committee, as the case may be, in connection with the review of the project giving rise to the potential conflict. In evaluating a potential conflict of interest, the Conflicts Review Committee or the Executive Committee, as the case may be, shall take into account the following considerations: Land Transactions • How important is the property in terms of its size, value and mission and program significance? • Would TPL buy the property if owned by someone else? TPL Conflict of Interest Policy 1-20-05 3 ❑ Have we thoroughly assessed the fair market value of the property? This may indicate the use of more than one appraisal if there is any doubt about the fair market value of the property or if the property is difficult to value. ❑ Have we considered how the.public would perceive the transaction and its effect on TPL's reputation? ❑ On the sale of properties,have we actively marketed the property on the open market? Goods and Services ❑ How important are the goods and services? ❑ For services, is the individual better equipped than other providers? ❑ For goods, why is this provider better than other providers? ❑ Is TPL being given a charitable rate or price? (In most cases this should be the case) ❑ Will there be a conflict of interest in managing the services? ❑ Have we considered how the public would perceive the transaction and its effect on TPL's reputation? Hiring an Employee ❑ Is this person the best-qualified person for the job? ❑ Is the person being hired as a favor or a quid pro quo? ❑ Will there be a conflict of interest in supervising the employee? ❑ Have we considered how the public would perceive the transaction and its effect on TPL's reputation? Examples Set forth below,for purposes of illustration, are several examples of situations that may present a conflict of interest: 1. A TPL employee purchases, or negotiates to.purchase, for his or her own account, any land in which TPL has shown an interest or any land that has come to that person's attention through his or her affiliation with TPL. 2. TPL purchases, or negotiates to purchase, land in which a Major Donor has an ownership interest or by which such donor will benefit directly or indirectly, such as by the receipt of a brokerage commission. 3. TPL sells, or negotiates to sell land under circumstances that will benefit an Insider, such as might occur if the Insider had an ownership interest in the buyer, had a right to a commission or fee resulting from the transaction, or had an interest in an adjacent or nearby parcel that would be favorably affected by,the transaction. TPL Conflict of Interest Policy 1-20-05 4 4. TPL procures services (for example, legal services, appraisal services, environmental assessment services or escrow services) for a TPL project from a firm in which a TPL volunteer has a financial interest. 5. A TPL staff member proposes making a grant to an organization on whose board of directors or advisory council the employee sits_. Somewhat separate from technical conflict of interest considerations is the requirement of loyalty to the organization. Competing with TPL or diverting a TPL business opportunity for personal gain by an employee or director violates the duty of loyalty to TPL and is prohibited. Additionally, delivery of private TPL business information to any party--whether or not affiliated with the employee or director--where the third party stands to benefit from the information in opposition to TPL's interests, is prohibited by TPL policy. Special Rules for Transactions Involving Directors Section 5233 of the California Corporations Code requires that any transaction involving an "interested director" be approved in advance by the fall Board of Directors, except in such . circumstances where it is not "reasonably practicable" to obtain approval of the Board prior to entering into the transaction. A transaction covered by this statute is one in which the corporation is a parry and one or more of its directors has a material financial interest(such director being an "interested director"). TPL may enter into a transaction with an interested director if the following facts are established: 1. TPL entered into the transaction for its own benefit; 2. The transaction was fair and reasonable as to TPL at the time TPL entered into the transaction; 3. Prior to consummating the transaction the Board of Directors approved the transaction in good.faith by a vote of the majority of the directors then in office (not counting the vote of the interested director,who.shall be absent from the room during such deliberation and vote), and with knowledge of the material facts concerning the transaction and the director's interest in the transaction; and 4. Prior to authorizing or approving the transaction,the Board considered and in good faith determined after reasonable investigation under the circumstances that . the corporation could not have obtained amore advantageous arrangement with reasonable effort under the circumstances. If it is not reasonably practical to obtain approval of the Board prior to entering into a transaction with an interested director,the Board hereby authorizes the Executive Committee to approve the transaction consistent with the standards set forth in paragraphs 3 and 4 above. If the Board determines in good faith that the conditions of paragraphs 1 and 2 above have been established, TPL Conflict of Interest Policy 1-20-05 5 i then it shall ratify the transaction at its next regularly scheduled meeting by a vote of a majority of the directors then in office not counting the vote of any interested director(who shall be absent from the room during the deliberation and vote on the matter). Policy on Outside Employment by Staff It is the position of the Board of Directors that conflicts of interest, or the appearance of conflicts of interest, may arise when TPL employees having project or management responsibilities are engaged in employment(including consulting, self-employment or private businesses) in addition to TPL employment. It shall be the policy of the organization that any employee with project or management responsibilities who has,employment outside of TPL shall disclose such employment to his or her regional or department manager, who may approve such employment upon a finding that (1) such outside employment does not interfere with the employee's work at TPL work, (2) such employment does not present a conflict of interest with TPL's work, and(3) such employment does not present the appearances of a conflict of interest Such finding shall be in writing and included in the employee's personnel file. Any employee who has outside employment relating to real estate, land conservation, or other fields closely aligned to TPL's work, shall consult frequently with his/her regional or departmental manager to avoid situations presenting conflicts of interest or the appearance of conflicts of interest. Moreover,the appearance of a conflict of interest, as well as the potential for an actual conflict, is especially likely to exist whenever a TPL employee negotiates on behalf of any person other than TPL to convey property to any governmental entity to which TPL conveys, or is likely to convey,property in the ordinary course of TPL's work. Therefore, it is the policy of TPL that no employee shall be permitted to negotiate, or offer to sell or transfer property to any governmental entity other than on behalf of TPL. The General Counsel may authorize an exception to this rule in the event that unusual circumstances arise. Notification of Board and Staff of this Policy It shall be the responsibility of the General Counsel to ensure that all directors, officers and employees are provided a copy of this policy. This policy supercedes the standing resolutions adopted March 28, 1974,March 15, 1985, and June 28, 1991. l:\SHAREDI NATLEG INATL\Con11ictoflnterestPolicy final Jan2005.doc TPL Conflict of Interest Policy I-20-05 6 Attachment E. Land Acquisition Reporting Procedures Outdoor Heritage Fund (December 201 1 —repiaces septemUer,201 1 version) Section 1 —Grant acquisition procedures for all land 1. Valuation/Appraisal a. No appraisal is required if the land is valued at $20,000 or less. However, the grant recipient must provide documentation on how the value was determined: b. For all other properties, an appraisal must be prepared by a Certified General Level 4 appraiser licensed in Minnesota. i. The appraisal must be prepared in conformity with the guidelines titled "Uniform Standards of Professional. Appraisal Practice" and Minnesota DNR "Supplemental. Appraisal and Appraisal Review Guidelines ". 'ii. In order to ensure compliance with the applicable appraisal standards, your written assignment instructions to the appraiser must be included as an addendum of the appraisal report. ill. The appraiser must use the DNR certification forri. iv. The DNR must be named as an untended user of the appraisal report. v. The intended use shall include negotiation and grant reimbursement. vi. If the value is less than $100,000, a summary appraisal report is acceptable. vii. If the value is greater than$10 million, two appraisals are required and the DNR must be involved in writing the appraisal scope of work to be provided to the appraisers. Contact Cindy Nathan at: cindy.nathan cr stateami.us 2. Appraisal Review a. The appraisal review must be prepared in conformity with the "Unifonn Standards of Professional Appraisal Practice" and the current Minnesota DNR"Supplemental Appraisal and Appraisal Review Guidelines". b. For properties valued up to $1,000,000, an appraisal review must be conducted by the grant recipient. i., The grant recipient may conduct an administrative review for properties valued up to $500,000. The grant recipient must use the DNR administrative review checklist. All elements of the checklist must be nnet. ii. Technical reviews are required for properties valued over$500,000. The grant recipient shall contract for the appraisal review for properties valued up to $1,000;000. (a) The grant recipient must use a teclnical reviewer on the list provided by the DNR. (b) The DNR must be named as an intended user of the appraisal review report. (c) The intended use shall be to assure reliability and credibility of the appraisal for use in reimbursement of grant monies. (d) The reviewer must use the DNR Reviewer Certification fonn. (e) The appraisal must be recommended. c. For properties valued greater than $1,000,000, the technical appraisal review will be conducted by the DNR. i. The grant recipient must provide the acquisition packet information to Cindy Nathan prior to the review request. ii. The DNR must be named-as an intended user of the appraisal review report. iii. The intended use shall be to assure reliability and credibility of the appraisal for use in reimbursement of grant money. Attachment E: I iv. The acquisition packet and appraisal report(2 copies) shall be submitted to: Cindy Nathan, Minnesota DNR, 1601 Minnesota Drive, Brainerd, MN 56401. v. The reviewer must use the DNR Reviewer Certification form. vi. The appraisal must be recommended. vii. The grant recipient will be mailed the review once it has been completed. 3. Landowner Information a. The grant recipient must be working with a willing seller and the landowner must be made aware of the fact that the giant recipient intends to either retain ownership or convey the real property or an interest in the property to a governmental entity. b. The grant recipient must disclose any conflict of interests to the landowner. 4. Site Assessment a. . The grant recipient shall conduct an appropriate site assessment of the real property to determine whether the real property is used or has ever been used for the manufacture, use, storage, or disposal of any hazardous waste or toxic substance, pollutant or contaminants. If contamination is suspected, a Phase I review is required. If appropriate based on the findings of the Phase 1, a Phase 2 review is required. b. The grant recipient must inspect any buildings and other improvements. c. The grant recipient must obtain a completed landowner's disclosure form from the landowner. The completed landowner's disclosure form must be provided to the appraiser and the appraiser reviewer. 5. Legal Des cri tion/Marketable Title a. The grant recipient must have a real estate professional review the legal description for the property being acquired. When appropriate,the grant recipient shall have the legal description reviewed by a surveyor. The grant recipient must have the property surveyed by a surveyor hired by the grant recipient, if it is needed in order to have a recordable legal description. The surveyor hired by the grant recipient must be licensed in Minnesota. b. The grant recipient must obtain marketable title for the property as shown either by a title opinion prepared by an attorney licensed to practice in Minnesota or by title insurance (not just a title commitment). Should a cure be required before transfer to the DNR,the grant recipient is responsible for the cure to title. 6. Reasonable Costs/Accountability of Overall Program a. Documentation of all costs is required for reimbursement. b. Grant recipients are subject to periodic audits of purchases, appraisals, and appraisal review procedures. DNR's audit team may include financial, appraisal, and legal staff. c. Audit findings may alter grant recipients future level of authority to conduct work or receive additional grants. 7. Conveyance to the DNR a. If the property is to be conveyed to the DNR,please provide the DNR with the following information that was gathered under these procedures: a copy of the site assessment information, including the disclosure form completed by the landowner from whom.you purchased the property; the title information; any survey work; and the deed or, if not yet purchased, the option agreement. The documents are to be provided to the acquisition program coordinator for the division that will administer the property. Attachment E:2 b. If you want to arrange for a closing with the DNR that is close proximity in time to your closing with the landowner from whom you are acquiring the property, please contact the acquisition program coordinator upon obtaining a signed option from the landowner. A copy of the DNR guidelines, forms, and list of appraiser reviewers can be found at the following location: http://�+wrAT.dnr.state.mn.Lis/lands_miiierals/appraisal—mgint.html . Section 2 —Reporting Requirements, Eligible costs, Conditions for Payment of Eligible Costs: 1. Re ortin Requirements and Deed Restrictions a. The grant recipient must comply with the project requirements and reporting requirements specified in Laws of 2011, 1st Special Session, Chapter 6, Article 1, Section 2, Subdivisions 9 (Project Requirements) and 14 (Real Property Interest Report); b. A legal description of the interest in real property covered by the funding agreement; c. A reference to the underlying funding agreement; and d. The following statement must be referenced in the deed: "This interest in real property shall be administered in accordance with.. the terms, conditions, and pur poses of the grant agreement contr°ollirig the acquisition of the property. The interest in.. real pr~operl�, or an.};portion of the interest in real prOpert}r, shall. not be sold, transferred,pledged, or otherwise disposed of or further encumbered Mthout obtaining the prior written approval of the Lessard-Sarais Outdoor Heritage Council or its suecessor. The 0141nership of the interest in real property shall transfer to the state if (1) the holder of the interest in. real properoi fails to comply with the terms and conditions of the grant agreenent or acconiplishment plan; or (2) restrictions are placed on the Land that preclude its use for the intended.purpose as specified in the appropriation." 2. Eligible Costs are the Following_ a. The value the grant recipient paid for the property up to 110% of the appraised value. b. Appraisals and Appraisal Reviews C. Surveys, d. Loan costs for holding the property, e. Property taxes paid by the grant recipient from the date of its acquisition, f. Attorney fees for the specific acquisition, g. Staff time spent on the specific acquisition, h. Abstracting and recording fees, and i. Penalty payments made for prepayment of a mortgage or loan. 3. Conditions for Pa rents of Eligible Costs The Recipient may use funds available raider this Agreement to cover any costs incurred in following the above land acquisition procedures and as otherwise set out in the Work Program attached as Exhibit A subject to the following conditions: a. The Recipient will not be entitled to use fiends available under this Agreement for any land value costs in excess of 110% of the appraised value. b. In those instances set out above where DNR review and approval of an appraisal, legal description, title work or environmental assessment is required; the recipient assumes the risk that its costs will not be covered under this agreement if the recipient purchases tine real property or interest in real property before receiving the required prior DNR certification or approval. c. Eligible costs incurred in the purchase of real property or an interest in real property must be documented by: Attaclunent E: 3 1) A copy of the site assessment document. 2) A copy of all appraisal(s) and appraisal review(s). 3) The legal description of the real property or interest in real property purchased and any required survey. 4) Evidence of title as required above or as otherwise agreed to by the Attorney General. 5) Evidence of the amount paid or to be paid for the real property or interest in real property. 6) A copy of the recorded deed or easement language. 7) Evidence of successfully recording a notice of funding restrictions. 8) A copy of a notification to the L-SOHC of the final disposition of the property for reporting purposes. 9) Parties to an easement must specify in the easement(document) all the provisions of their agreement(easement document) that are perpetual; an electronic copy of the terms of an easement acquired must be sent to the L-SOHC and the State. Please send a scanned copy of the signed easement. Purchases of land or interest in land are eligible for reimbursement upon presentation to the State of items 1, 2, 3,4, and 5 above,plus a fully executed purchase agreement, option exercise letter or similar commitment to purchase showing a closing date. The State will transfer funds to the Recipient no sooner than 10 working days prior to the date of closing. The Recipient will provide items 6, 7, 8 and 9 above to the State no later than 60 days following the receipt of funds,unless otherwise agreed upon by the State. A settlement statement and confirmation of payment from the bank must be provided within 10 days. Attachment E: 4 Attachment F. Additional Outdoor Heritage Fund Requirements Minn. Laws 2011, 1st Special Session, Chapter 6,Article 1, Section 2 Subd.7.Availability of Appropriation Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the accomplishment plan. Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation. Unless otherwise provided, the amounts in this section are available until.June 30, 2014, when projects must be completed and final accomplishments reported. Funds for restoration or enhancement are available until June 30, 2016, or four years after acquisitioni, whichever is later, in order to complete restoration or enhancement work. If a project receives federal funds,the time period of the appropriation is extended to equal the availability of federal funding. Funds appropriated for fee title acquisition of land may be used to restore, enhance, and provide for the public use of land acquired with the appropriation. Public use facilities must have a rninimal impact on habitat on acquired lands. Subd. 8.Accomplishment Plans It is a condition of acceptance of the appropriations made under this section that the agency or entity using the appropriation submit to the Lessard-Sams Outdoor Heritage Council an accomplishment plan and periodic accomplishment reports in the form determined by the council. The accomplishment plan must identify the project manager responsible for expending the appropriation and the final product. The accomplishment plan must account for the use of the appropriation and outcomes of the expenditure in measures of wetlands, prairies, forests, and fish, game, and wildlife habitat restored, protected, and enhanced. The plan must include an evaluation of results. None of the money provided in this section may be expended unless the council has approved the pertinent accomplishment plan. Subd. 9.Proiect Requirements ' (a) As a condition of accepting an appropriation made under this section, an agency or entity receiving an appropriation must comply with this subdivision for any project funded in whole or in part with funds from the appropriation. (b)All conservation easements acquired with money appropriated under this section must: . (1) be permanent; (2) specify the parties to the casement; (3) specify all of the provisions of an agreement that are permanent; (4) specify the habitat types and location being protected; (5) where appropriate for conservation or water protection outcomes, require the grantor to employ practices retaining water on the eased land as long as practicable; (6) specify the responsibilities of the parties for habitat enhancement and restoration and the associated costs of these activities; (7) be sent to the office of the Lessard-Sams Outdoor Heritage Council; (8) include a long-term stewardship plan and identify the sources and amount of funding for monitoring and enforcing the casement agreement; and (9) identify the parties responsible for monitoring and enforcing the easement agreement. Attachment F: I (c) For all restorations., a recipient must prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology,topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration projects. The plan must include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use current conservation science to achieve the best restoration. (d) For new lands acquired, a recipient must prepare a restoration and management plan in compliance with paragraph(c), including identification of sufficient funding for implementation. (e) To ensure public accountability for the use of public funds, a recipient must provide to the Lessard-Sams Outdoor Heritage Council documentation of the process used to select parcels acquired in fee or as permanent conservation easements and must provide the council with documentation of all related transaction costs, including, but not limited to, appraisals, legal fees, recording fees, commissions, other similar costs, and donations. This information must be provided for all parties involved in the transaction. The recipient must also report to the Lessard-Sams Outdoor Heritage Council any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted. Acquisition data such as appraisals may remain private during negotiations but must ultimately be made public according to Minnesota Statutes, chapter 13. (f) Except as otherwise provided in this section, all restoration and enhancement projects funded with money appropriated under this section must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. (g) To the extent an appropriation is used to acquire an interest in real property, a recipient of an appropriation under this section must provide to the Lessard-Sams Outdoor Heritage Council and the commissioner of management and budget an analysis of increased operations and maintenance costs likely to be incurred by public entities as a result of the acquisition and of how these costs are to be paid. (h) A recipient of money from an appropriation under this section must give consideration to and make timely written contact with Conservation Corps Minnesota for possible use of the corps' services to contract for restoration and enhancement services. A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage Council within 15 days of execution. (i) A recipient of money under this section must erect signage according to Laws 2009, chapter 172, article 5, section 10. Subd. 10.Payment Conditions and Capital E ui ment Expenditures All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.Notwithstanding Minnesota Statutes, section 16A.41, expenditures directly related to each appropriation's purpose made on or after July 1, 2011, are eligible for reimbursement unless otherwise provided in this section. Periodic reimbursement must be made upon receiving documentation that the deliverable items articulated in the approved accomplishment plan have been achieved, including partial r Attachment F: 2 achievements as evidenced by approved progress reports. Reasonable amounts may be advanced to projects to accommodate cash flow needs, support future management of acquired lands, or match a federal share. The advances must be approved as part of the accomplishment plan. Capital equipment expenditures for specific items in excess of$10,000 must be itemized,in and approved as part of the accomplishment plan. Subd. 11.Purchase of Recycled and Recyclable Materials Apolitical subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, sections 1613.121., regarding purchase of recycled, repairable, and durable materials, and 1.68.122, regarding purchase and use of paper stock and printing. Subd. 12.Accessibility Structural and nonstructural facilities must.meet the design standards in the Americans with Disabilities Act(ADA) accessibility guidelines. Subd. 13.Land Acquisition Restrictions (a) An interest in real property, including, but not limited to, an easement or fee title that is acquired with money appropriated under this section must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made. (b)A recipient of funding who acquires an interest in real property subject to this subdivision may not alter the intended use of the interest in real property or convey any interest in the real property acquired with the appropriation without the prior review and approval of the Lessard-Sams Outdoor Heritage Council or its successor. The council shall notify the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the outdoor heritage fund at least 15 business days before approval under this paragraph. The council shall establish procedures to review requests from recipients to alter the use of or convey an interest in real property. These procedures shall allow for the replacement of the interest in real property with another interest in real property meeting the following criteria: (1)the interest must be at least equal in fair market value, as certified by the commissioner of natural resources, to the interest being replaced; and (2) the interest must be in a reasonably.equivalent location and have a reasonably equivalent useful conservation purpose compared to the interest being replaced, taking into consideration all effects from fragmentation of the whole habitat. (c)A recipient of funding who acquires an interest in real property under paragraph (a) must separately record a notice of funding restrictions in the appropriate local government office where the conveyance of the interest in real property is filed. The notice of funding agreement must contain: (1) a legal description of the interest in real property covered by the funding agreement; (2) a reference to the underlying funding agreement; (3) a reference to this section; and (4) the following statement: "This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor Heritage Council or its successor. The ownership of Attachment F: 3 the interest in real property shall transfer to the state if: (1)the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or accomplishment plan; or(2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation." Subd. 14.Real Property Interest Reiport By December 1 each year, a recipient of money appropriated under this section that is used for the acquisition of an interest in real property, including, but not limited to, an easement or fee title, must submit annual reports on the status of the real property to the Lessard-Sams Outdoor Heritage Council or its successor in a form determined by the council. The responsibility for reporting under this section may be transferred by the recipient of the appropriation to another person or entity that holds the interest in the real property. To complete the transfer of reporting responsibility,the recipient of the appropriation must: (1) inform the person to whom the responsibility is transferred of that person's reporting responsibility; (2) inform the person to whom the responsibility is transferred of the property restrictions under subdivision 13; and (3) provide written notice to the council of the transfer of reporting responsibility, including contact information for the person to whom the responsibility is transferred. After the transfer,the person or entity that holds the interest in the real property is responsible for reporting requirements under this section. Subd. 15.Easement Monitoring and Enforcement Requirements Money appropriated under this section for easement monitoring and enforcement may be spent only on activities included in an easement monitoring and enforcement plan contained within the accomplishment plan. Money received for monitoring and enforcement, including earnings on the money received, shall be kept in a monitoring and enforcement fund held by the organization and is appropriated for monitoring and enforcing conservation easements within Minnesota. Within 120 days after the close of the entity's fiscal year, an entity receiving appropriations for easement monitoring and enforcement must provide an annual financial report to the Lessard-Sams Outdoor Heritage Council on the easement monitoring and enforcement fund as specified in the accomplishment plan. Money appropriated under this section for monitoring and enforcement of easements and earnings on the money appropriated shall revert to the state if: (1) the easement transfers to the state under subdivision 13; (2)the holder of the easement fails to file an annual report and then fails to cure that default within 30 days of notification of the default by the state; or (3)the holder of the easement fails to comply with the terms of the monitoring and enforcement plan contained within the accomplishment plan and fails to cure that default within 90 days of notification of the default by the state. Subd. 16.Successor Organizations The Lessard-Sams Outdoor Heritage Council may approve the continuation of a project with an organization that has adopted a new name. Continuation of a project with an organization that has undergone a significant change in mission, structure, or purpose requires. (1) notice to the chairs of the legislative committees with relevant jurisdiction; and (2)presentation by the council of proposed legislation either ratifying or rejecting continued involvement with the new organization. Attachment F: 4 2010 Minn. Statues, 97A.056 OUTDOOR HERITAGE FUND; LESSARD-SAMS OUTDOOR HERITAGE COUNCIL Subd. 1.0utdoor heritage fund. An outdoor heritage fund, under article XI, section 15, of the Minnesota Constitution, is established as an account in the state treasury. All money earned by the outdoor heritage fund must be credited to the fund. At least 99 percent of the money appropriated from the fund must be expended to restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife. Subd. la. Definitions. For the purpose of appropriations from the outdoor heritage fund, "recipient" means the entity responsible for deliverables financed by the outdoor heritage fund. Subd. 2. Lessard-Sains Outdoor Heritage Council. (a)The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of. (1)two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; (2)two public members appointed by the speaker of the house; (3) four public members appointed by the governor; (4)two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and (5)two members of the house of representatives appointed by the speaker of the house. (b)Members appointed under paragraph (a)must not be registered lobbyists. In making appointments,the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council are subject to the advice and consent of the senate. (c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands,prairies, forests, and habitat for fish, game, and wildlife. (d) Legislative members appointed under paragraph(a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives. (e) Public members serve four-year terms. Appointed legislative members serve at the pleasure of the appointing authority. Public and legislative members continue to serve until their successors are appointed. Public members shall be initially appointed according to the following schedule of terms: (1) two public members appointed by the governor for a term ending the first Monday in January 2011; (2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011; (3) one public member appointed by the speaker of the house for a term ending the first Monday . I Attachment F:5 in January 2011; (4)two public members appointed by the governor for a term ending the first Monday in January 2013; (5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and (6) one public member appointed by the speaker of the house for a term ending the first Monday in January 2013. (f) Terms, compensation, and removal of public members are as provided in section 15.0575. A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term. (g) The first meeting of the council shall be convened by the chair of the Legislative Coordinating Commission no later than December 1, 2008. Members shall elect a chair, vice-chair, secretary, and other officers as determined by the council. The chair may convene meetings as necessary to conduct the duties prescribed by this section. (h) Upon coordination with the Legislative Coordinating Commission, the council may appoint nonpartisan staff and contract with consultants as necessary to carry out the functions of the council. Up to one percent of the money appropriated from the fund may be used to pay for administrative expenses of the council and for compensation and expense reimbursement of council members. Subd.3. Council recommendations. (a) The council shall make recommendations to the legislature on appropriations of money from the outdoor heritage fund that are consistent with the Constitution and state law and that will achieve the outcomes of existing natural resource plans, including, but not limited to, the Minnesota Statewide Conservation and Preservation Plan, that directly relate to the restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that prevent forest fragmentation, encourage forest consolidation, and expand restored native prairie. In making recommendations, the council shall consider a range of options that would best restore, protect, and enhance wetlands, prairies,forests, and habitat for fish, game, and wildlife. The council's recommendations shall be submitted no Iater than January 15 each year. The council shall present its recommendations to the senate and house of representatives committees with jurisdiction over the environment and natural resources budget by February 15 in add-numbered years, and within the first four weeks of the legislative session in even-numbered years. The council's budget recommendations to the legislature shall be separate from the Department of Natural Resource's budget recommendations. (b) To encourage and support local conservation efforts, the council shall establish a conservation partners program. Local,regional, state, or national organizations may apply for matching grants for restoration, protection, and enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife,prevention of forest fragmentation, encouragement of forest consolidation, and expansion of restored native prairie. (c) The council may work with the Clean Water Council to identify projects that are consistent with both the purpose of the outdoor heritage fund and the purpose of the clean water fund. Attachment F: 6 (d)The council may make recommendations to the Legislative-Citizen Commission on Minnesota Resources on scientific research that will assist in restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing forest fragmentation, encouraging forest consolidation, and expanding restored native prairie. (e)Recommendations of the council, including approval of recommendations for the outdoor heritage fund, require an affirmative vote of at least nine members of the council. (f)The council may work with the Clean Water Council,the Legislative-Citizen Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and water conservation districts, and experts from Minnesota State Colleges and Universities and the University of Minnesota in developing the council's recommendations. (g) The council shall develop and implement a process that ensures that citizens and potential recipients of funds are included throughout the process, including the development and finalization, of the council's recommendations. The process must include a fair, equitable, and thorough process for reviewing requests for funding and a clear and easily understood process for ranking projects. (h) The council shall use the regions of the state based upon the ecological sections and subsections developed by the Department of Natural Resources and establish objectives for each region and subregion to achieve the purposes of the fund outlined in the state constitution. (i)The council shall develop and submit to the Legislative Coordinating Commission plans for the first ten years of funding, and a framework for 25 years of funding, consistent with statutory and constitutional requirements. The council may use existing plans from other legislative, state, and federal sources, as applicable. Subd. 4.Confliet of interest. (a) A council member may not be an advocate for or against a council action or vote on any action that may be a conflict of interest. A conflict of interest must be disclosed as soon as it is discovered. The council shall follow the policies and requirements related to conflicts of interest developed by the Office of Grants Management under section 16B.98. (b) For the purposes of this section, a "conflict of interest" exists when a person has an organizational conflict of interest or direct financial interests and those interests present the appearance that it will be difficult for the person to impartially fulfill the person's duty. An "organizational conflict of interest" exists when a person has an affiliation with an organization that is subject to council activities, which presents the appearance of a conflict between organizational interests and council member duties. An "organizational conflict of interest" does not exist if the person's only affiliation with an organization is being a member of the organization. Subd. 5.Open meetings. (a) Meetings of the council and other groups the council may establish arc subject to chapter.13D. Except where prohibited by law, the council shall establish additional processes to broaden public involvement in all aspects of its deliberations, including recording meetings, video conferencing, and publishing minutes. For the purposes of this subdivision, a meeting occurs when a quorum is present and the members receive information or take action on Attachment F:7 any matter relating to the duties of the council. The quorum requirement for the council shall be seven members. (b) Travel to and from scheduled and publicly noticed site visits by council members for the purposes of receiving information is not a violation of paragraph (a). Any decision or agreement to make a decision during the travel is a violation of paragraph (a). (c) For legislative members of the council, enforcement of this subdivision is governed by section 3.055, subdivision 2. For nonlegislative members of the council, enforcement of this s4division is governed by section 13D.06, subdivisions I and 2. Subd. 6. Audit. The legislative auditor shall audit the outdoor heritage fund expenditures, including administrative and staffing expenditures, to ensure that the money is spent in compliance with all applicable law and the Constitution. Subd. 7.Legislative oversight. The senate and house of representatives chairs of the committees with jurisdiction over the environment and natural resources budget shall convene a joint hearing to review the activities and evaluate the effectiveness of the council and to receive reports on the council from the legislative auditor no later than June 30, 2014. Subd. S.Revenues. When a parcel of land that was previously purchased with outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the council and commissioner of natural resources: (I) all revenues generated from activities on the land from the time the land was purchased with outdoor heritage funds until the land was transferred to the state; (2) all holding costs associated with managing the land between the time of purchase with outdoor heritage funds and the time the land was transferred to the state; and (3)the total net revenues as determined by subtracting the costs described in clause (2) from the revenues described in clause (1). Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage fund shall not be used to purchase any land in fee title or a permanent conservation easement if the land in question is fully or partially owned by the state of Minnesota or a political subdivision of the state, unless: (1) the purchase creates additional direct benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat for fish, game, and wildlife; and (2)the purchase is approved by an affirmative vote of at least nine members of the council. Subd. 10. Restoration evaluations. The commissioner of natural resources and the Board of Water and Soil Resources may convene a technical evaluation panel comprised of five members, including one technical representative from the Board of Water and Soil Resources, one technical representative from the Department of Natural Resources, one technical expert from the University of Minnesota or the Minnesota.State Colleges and Universities, and two representatives with expertise in the project being evaluated. The board and the commissioner. may add a technical representative from a unit of federal or local government. The members of the technical evaluation panel may not be associated with the restoration, may vary depending upon Attachment F: 8 the projects being reviewed, and shall avoid any potential conflicts of interest. Each year, the board and the commissioner may assign a coordinator to identify a sample of up to ten habitat restoration projects completed with outdoor heritage funding. The coordinator shall secure the restoration plans for the projects specified and direct the technical evaluation panel to evaluate the restorations relative to the law, current science, and the stated goals and standards in the restoration plan and, when applicable, to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines. The coordinator shall summarize the findings of the panel and provide a report to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of representatives and senate policy and finance committees with jurisdiction over natural resources and spending from the outdoor heritage fund. The report shalf determine if the restorations are meeting planned goals, any problems with the implementation of restorations, and, if necessary, recommendations on improving restorations. The report shall be focused on improving future restorations. Up to one-tenth of one percent of forecasted receipts from the outdoor heritage fund may be used for restoration evaluations under this section. Subd. 11. Recipient requirements. (a) A state agency or other recipient of a direct appropriation from the outdoor heritage fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating Commission must post submitted information on the Web site required.under section 3.303, subdivision 10, as soon as it becomes available. (b) When practicable, a direct recipient of an appropriation from the outdoor heritage fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating.Commission Web site required under section 3.303, subdivision 10. (c) Future eligibility for money from the outdoor heritage fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law. Attachment F: 9 Minnesota Department of Natural Resources aM1 nnes°�� 500 Lafayette Road • St. Paul,MN • 55155-4010 DEPARTMENT 4F NATURAL RESOURCES April 30,2012 Becca Nash,Project Manager The Trust for Public Land 2610 University Avenue, Suite 300 L St. Paul,MN 55114 Re: Metro Big Rivers Habitat Phase 2 Minn.Laws 2011, 1st Special. Session, Chapter 6,Article 1, Section 2, Subd. 5(d)Metro Big Rivers Habitat-Phase IIMNDNRAgreement Number SWIFT PO No. 3000008675 Dear Becca, Enclosed is the executed agreement between the State of Minnesota and The Trust for Public Land, for Metro Big Rivers Habitat Phase 2. The 2012 Reimbursement Manual has been sent to you electronically. If you have any questions,please be sure to contact me. Congratulations on your project! S' cerely, Kristel Lynch Grants Manager, OMB S 651-259-5533 kristel.lynch @state.mn.us Attaclunents: Executed Fund Agreement Cc: Andre Prahl www.dnr.state.mn.us ry AN EQUAL OPPORTUNITY EMPLOYER wji PRINTED ON RECYCLED PAPER CONAINING A MINIMUM OF 10%POST-CONSUMER WASTE Doc. No. A 940313 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 07-08-2013 at 11:00 Recpt: 1240629 James L. Hentges, County Recorder 01 Fee: $ 46.00 NOTICE OF FUNDING RESTRICTIONS THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Minnesota as The Trust for Public Land, Inc. is the fee owner of a certain piece or parcel of land located in Scott County, Minnesota, more particularly described in Exhibit A attached hereto and made part hereof(the"real property"). Notice is hereby given that The Trust for Public Land acquired the property with a grant from the Outdoor Heritage fund as provided in Minnesota Laws 2011, 1st Special Session, Chapter 6,Article 1, Section 2, Subdivision 5 (d): Metro Big Rivers Habitat Program Phase II (The Trust for Public Land), MNDNR Agreement Number SWIFT PO No. 3000008675 between The Trust for Public Land and the Minnesota Department of Natural Resources. In accordance with 2012 Minn. Statutes, 97A.056 OUTDOOR HERITAGE FUND; LESSARD- SAMS OUTDOOR HERITAGE COUNCIL Subd. 15. Land Acquisition Restrictions, The Trust for Public Land is providing notice of the following: "This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Lessard-Sams Outdoor Heritage Council or its successor. The ownership of the interest in real property shall transfer to the state if.- (1) the holder of the interest in real property fails to comply with the terms and conditions of the grant agreement or accomplishment plan; or(2) restrictions are placed on the land that preclude its use for the intended purpose as specified in the appropriation." IN WITNESS WHEREOF, The Trust for Public Land has set its hand and seal this day of Ji uln P 2013. THE TRUST FOR PUBLIC LAND , By: Title: s�, o;cC.'t VV(a 5t f Date: RETURN TO: First American Tide Insurance Co. 801 Nlcollet Mall,Sub 1900 Minneapolis,MN 55402 NCS 1 0" I _. STATE OFMINNESOTA ) )ss. COUNTY OF JJ t" fj2 {/1 ) On this day of J V V\.e_ 2013, before me personally appeared R,obpr-+ J- mcGiiIq to me personally known, who, being by me duly sworn did say that s/he is the protect Ib tww-2V" of The Trust for Public Land, a nonprofit California public benefit corporation authorized to do business in Minnesota as The Trust for Public Land, Inc.; and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires: Ly Drafted by: The Trust for Public Land (MM) 2610 University Avenue, Suite 300 St. Paul, MN 55114 DANIELLE NICOLE RAWLINGS HAAG NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/16 2 EXHIBIT A Legal Description Real property in Scott County, Minnesota, legally described as follows: All that part of Government Lot 10 of Section 25, Township 113, Range 26, Scott County, Minnesota, that lies easterly of the easterly right-of-way line of the Union Pacific Railroad.This tract contains 0.45 acres of land and is subject to any and all easements of record. ALSO All that part of Government Lot 1 and the Northwest Quarter of the Northwest Quarter and the East Half of the Northwest Quarter of Section 30, Township 113, Range 25, Scott County, Minnesota, that lies easterly of the easterly right-of-way line of the Union Pacific Railroad and EXCEPTING therefrom the North 300.00 feet of the East 2033.00 feet of the North Half of the Northwest Quarter of said Section 30 and also EXCEPTING therefrom the plat of AUTUMN WOOD ARBOR, Scott County, Minnesota, said plat being on file and of record at the Scott County's Office. Also EXCEPTING therefrom the following described tract of land: Commencing at the northwest corner of said Section 30; thence on an assumed bearing of South 00 degrees 29 minutes 39 seconds West along the West line of the Northwest Quarter of said Section 30 a distance of 621.59 feet to a point on the easterly right-of-way line of the Union Pacific Railroad; thence South 05 degrees 15 minutes 56 seconds East along said easterly right-of-way line of the Railroad 1233.46 feet to the point of beginning of said exception to be described; thence South 70 degrees 39 minutes 01 seconds East 621.56 feet; thence North 19 degrees 20 minutes 59 seconds East 350.41 feet; thence North 70 degrees 39 minutes 01 seconds West 621.56 feet; thence South 19 degrees 20 minutes 59 seconds West 350.41 feet to the point of beginning of said exception. This tract contains 123.65 acres of land and is subject to any and all easements of record. (� �c)