Water Smart Landscapes Rebate Application – Business, HOA or Multifamily Properties

Pre-conversion eligibility

Authorization to proceed

Do not remove the existing turf until the Authority completes a pre-conversion inspection and authorizes you to proceed. If the total project area exceeds 10,890 square feet, regardless of the size of individual phases, the Applicant must obtain express approval from the applicable municipal planning authority prior to receiving the Authority’s authorization to proceed.

Customer eligibility

Areas to be converted must use water from an Authority water agency or groundwater well within the Las Vegas Valley Groundwater Basin. Applicant’s water and/or groundwater account(s) must be in good standing.

Qualifying areas

Conversion areas must be a living, maintained lawn or permanently-installed outdoor water surface which was compliant with applicable laws at the time of installation. Areas previously deemed ineligible by the Authority will not be reconsidered.

Minimum project size

At least 400 square feet of lawn and/or water surface must be converted. At the Authority’s discretion, smaller projects may be accepted if less than 400 square feet of lawn and/or water surface exist in the project area.

Requirements for the converted area

Living plants

Converted areas must have at least 50 percent living plant cover at maturity (based upon the Authority’s plant list). At the Authority’s discretion and upon request of an applicant, the Authority may consider plant coverage for the entire landscaped area where the conversion occurred and all areas evaluated must meet all requirements for the converted area.

Efficient irrigation

Watering systems, if used, must be drip irrigation systems with a filter, pressure regulator, and emitters rated at 20 gallons per hour or less. Watering systems must be free of malfunctions and leaks. Required components must be visible for inspection. Watering systems for trees must be installed to deliver water to a minimum of 50% of the tree’s roots zone. If part of a lawn is converted, any remaining sprinklers must not spray the converted area or create runoff.

Surface treatments

Surface treatments, including weed barriers, must be uniformly permeable to air and water and covered by a layer of mulch, such as rock, bark, ungrouted stepping stones, permeable artificial turf, and/or living groundcovers (where plant density ensures 100 percent plant cover). Concrete or other impermeable treatments and surfaces do not qualify.

Terms of rebate

Cancellation

You may cancel this agreement at any time prior to accepting the Authority’s payment.

Important deadlines

Project conversion and request for Authority inspection must be completed within 12 months of pre-conversion site visit by Authority. If the conversion fails, corrections must be completed within (i) 60 days of such notice or (ii) the remainder of the 12-month period, whichever is greater. Applicant’s obligations, including submittal of executed Conservation Easement documents, must be completed within 18 months of the pre-conversion site visit. Failure to meet deadlines will result in forfeiture of the rebate.

Rebate amounts and limits

Non-single family residential properties will be paid $3 per square foot for the first 10,000 square feet and $1.50 per square foot thereafter, without regard to passage of time or number of project phases taken. Groundwater Management Program rebates are limited to 2,500 square feet per fiscal year.

Protecting and sustaining the conversion

Receipt of rebate is subject to the property owner’s grant of a conservation easement that restricts certain uses of the conversion project areas in perpetuity. Transfer of property prior to recording of the conservation easement will result in forfeiture of the rebate.

Payment

Checks are issued only to property owners or their appointed agent within 30 days of recording the easement.

Authority discretion

Notwithstanding satisfaction of eligibility conditions, the Authority retains discretion to reject or delay Application approval and may withhold payment if the Authority determines conversion requirements have not been met.

Communication

You authorize the Authority to communicate with you regarding your participation in the program; convey information about Authority programs; or conduct research.

Acknowledgement & agreement

You, the Applicant, hereby acknowledge, understand and agree:

1. To maintain responsibility for the quality and appearance of the conversion;
2. to comply with applicable statutes, regulations, codes, ordinances, and covenants pertaining to the project, the failure of which may result in rebate forfeiture, or postponement or rejection of this Application;
3. to notify the Authority of any changes to the project that would result in a total conversion area exceeding 10,890 square feet, and not to proceed with the conversion until obtaining authorization from the Authority;
4. to accept any tax liability related to payments received under this Agreement;
5. to abide and be bound by the terms stated in this Application and Agreement and in the Conservation Easement, if applicable, and that the terms of those documents may be invoked by the Authority;
6. that upon the Authority’s determination that you fulfilled the requirements of this Application and Agreement, payment will be made by the Authority to you as consideration;
7. that assignment or transfer of your interest in this agreement without the Authority’s prior written approval shall be void;
8. this Agreement may not be modified except by written instrument executed by both Parties or their designees;
9. that if any term of this Agreement is unenforceable or invalid, such term shall be excluded to that extent; the Agreement shall otherwise remain enforceable; and the invalid or unenforceable term shall be deemed replaced by a valid and enforceable term that most closely states the invalid or unenforceable term’s intent. If this Paragraph’s application materially and adversely affects a Party, by altering the contemplated economic substance, that Party shall be entitled to compensation for the impact.
10. Nevada law shall govern interpretation of this Agreement, without reference to its choice of law provisions and that the exclusive venue for any dispute arising from the terms of this Agreement shall be Clark County, Nevada;
11. this Agreement does not create any right in or benefit to parties other than the Authority and the Applicant and does not create any third-party beneficiary rights or causes of action; the failure of either Party to enforce a provision of the Agreement shall not be construed as a waiver of such provisions or of the rights of such Party to enforce each and every such provision; and,
12. this Agreement contains the Parties’ entire understanding of the contemplated transactions, notwithstanding any previous negotiations or agreements, oral or written, between the Parties concerning all or any part of the subject matter hereof. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, regarding this Agreement’s subject matter are merged in this Agreement and shall be of no further force or effect.

Important! You understand that you must participate in a pre-conversion site inspection prior to removing your lawn. Starting without Authority approval will make your conversion ineligible.