Common use of Habitat Clause in Contracts

Habitat. A Preliminary Environment Assessment Report identifying threatened and endangered species was provided to the City. That Report shows no adverse impacts. No construction shall commence within any gopher tortoise habitat on the Citation Estates property until the Developer has obtained the necessary gopher tortoise permit from the Florida Fish and Wildlife Conservation Commission (FFWCC) and complies with all permit conditions. The City may require an update to the Report as part of future application and shall prescribe a time frame within which such updated report shall be provided. In the absence of a permit, development related activities on the Property shall not result in the harming, pursuit, or harassment of wildlife species classified as endangered, threatened, or a species of special concern by either the State or Federal governments in contravention of applicable State and Federal laws, rules or regulations. Should listed species be determined to reside on, or otherwise be significantly dependent upon the Property, the Owners shall cease all development activities which might negatively affect that individual or population. The Property shall be developed in full compliance with all applicable laws, rules and regulations. The Owner shall provide proper protection to the satisfaction of all agencies with jurisdiction over the matter. As provided elsewhere in this Agreement, Bear Smart Community principles shall be considered as part of a future supplemental Preliminary Assessment Report. The report shall be submitted no later than Preliminary Plat to ensure that design and development planning incorporates sufficient measures to reduce bear – human nuisance interactions..

Habitat. A Preliminary Environment Assessment Report identifying threatened and endangered species (see Exhibit 6) was provided to the City. That Report shows no adverse impacts. No construction shall commence within any gopher tortoise habitat on the Citation Estates property until the Developer has obtained the necessary gopher tortoise permit from the Florida Fish and Wildlife Conservation Commission (FFWCC) and complies with all permit conditions. The City may require an update to the Report as part of future application and shall prescribe a time frame within which such updated report shall be provided. In the absence of a permit, development related activities on the Property shall not result in the harming, pursuit, or harassment of wildlife species classified as endangered, threatened, or a species of special concern by either the State or Federal governments in contravention of applicable State and Federal laws, rules or regulations. Should listed species be determined to reside on, or otherwise be significantly dependent upon the Property, the Owners shall cease all development activities which might negatively affect that individual or population. The Property shall be developed in full compliance with all applicable laws, rules and regulations. The Owner shall provide proper protection to the satisfaction of all agencies with jurisdiction over the matter. As provided elsewhere in this Agreement, Bear Smart Community principles shall be considered as part of a future supplemental Preliminary Assessment Report. The report shall be submitted no later than Preliminary Plat to ensure that design and development planning incorporates sufficient measures to reduce bear – human nuisance interactions..interactions.project shall be considered during design and development with notice being provided to the public.