Common use of Developer Obligation Clause in Contracts

Developer Obligation. To the extent required to develop the Property, and to construct the Backbone Infrastructure, Parks, Open Space amenities, Trails and County Facilities, Developer and/or the Development Group shall obtain from the U. S. Army Corps of Engineers or permits required of other applicable permitting agencies (collectively, the "Permitting Agency") a permit or permits to fill or impact identified wetlands which shall include any necessary takes and other environmental resources (the “Fill Permit”) prior to construction of the Backbone Infrastructure, Parks, Open Space amenities, Trails, and Public Facilities and the development of the Property. Developer shall diligently pursue and obtain issuance of the Fill Permit and any amendment, modification or supplement thereto, or any additional Fill Permits if required, in order to implement the Project, including but not limited to off-site improvements. Developer shall be responsible for obtaining all permits associated with the Fill Permit as and to the extent required to allow development of the Backbone Infrastructure, Parks, Open Space amenities, Trails and County Facilities. Such Fill Permit or Permits shall be obtained prior to (i) the approval for recordation of the first final small lot map for the creation of individual buildable lots for single-family residential development (a “Final Small Lot Map”) within any portion of the Property, or (ii) commencement of construction of any improvements on any portion of the Property, whichever occurs first; provided, however, Developer may request County to defer the foregoing requirement so that any such Permit may be obtained at a later date. A Fill Permit shall not be required to be obtained prior to the approval for recordation of a final large lot subdivision or parcel map that will not create individual buildable lots for single- family residential development (a “Final Large Lot Map”) within any portion of the Specific Plan. Developer shall use good faith efforts to obtain approval of the Fill Permit or Permits, including the open space management plan to be approved with respect thereto (the “Open Space Management Plan”), with conditions that are consistent with and do not adversely impact or limit the planned public uses, operations and improvements to be included within the affected open space areas. Developer acknowledges that Developer and/or the Development Group shall be responsible, at its expense, for satisfying all conditions of the Fill Permit and that the Park Agency shall only be responsible, from and after acceptance by the Park Agency of each of the open space area within the Specific Plan, for complying with the terms and conditions of the Open Space Management Plan that are assigned to the Park Agency as the Park Agency’s responsibility and applicable to such accepted open space areas. Developer further acknowledges that, as provided in Section 3.20.2(5) below, the County may delay formation of the Park Services CFD until after approval of the Fill Permit and Open Space Management Plan in order to assure that the maintenance costs allocable to the Park Agency under the Open Space Management Plan can be estimated and included within the financing to be provided by the Park Services CFD. If the Fill Permit or Permits include conditions which result in any costs to the Park Agency for monitoring, reporting, or maintenance under the Fill Permit after the conclusion of any monitoring period required of Developer by the Permitting Agency, the costs thereof shall be the responsibility of Developer or the Development Group, subject to reimbursement from the Park Services CFD for the costs included therein. The Park Services CFD described herein shall include funding to cover all costs to be incurred by the Park Agency for monitoring, reporting, or maintenance under the Open Space Management Plan, including any such costs after the conclusion of any monitoring period required by the Permitting Agency. If and to the extent any conditions are imposed by the Permitting Agency that may adversely impact or limit such planned uses, Developer and the Park Agency shall work cooperatively to address and accommodate such conditions consistent with the intent of the Specific Plan. County is in the process of developing a comprehensive habitat conservation plan, commonly referred to as the Placer County Conservation Plan, and acknowledges that, upon approval of the Fill Permit, to the extent permitted by law, the County will not seek to impose any additional conditions or requirements on Developer to mitigate the impacts of development of the Project on wetlands, notwithstanding any additional conditions or requirements that may subsequently be contained within the Placer County Conservation Plan (“PCCP”). Developer currently intends to mitigate the impacts of such wetland fills through a combination of on-site preservation, off-site preservation and/or on-site and off-site creation of wetland resources, but retains the flexibility to subsequently decide for itself, as an alternative approach, to comply with the final approved PCCP provisions governing the fill of wetlands. County acknowledges that Developer retains this flexibility.