Commitment to Fund Open Space Habitat Mitigation. In consideration of the County/Park District’s agreement in Section 2.7.2, and subject to the contingencies outlined in said Section 2.7.2, to support the ability of the Park Services CFD to fund the costs of complying with the monitoring, reporting and maintenance requirements under the Fill Permit, Developer hereby acknowledges and agrees that, except for the Public Parcel exclusions described in Section 3.20.4 above and except as provided herein for Properties 1B, 2, 6 and 8 (each, a “Xxxxxx Property”) unless subsequently entitled, all other Participating Developer Properties, including the Property (unless the Property is a Xxxxxx Property), may be subject to a levy of special taxes by the Park Services CFD to fund all of the Open Space Maintenance Costs described and defined in Section 3.20.2 above. These Open Space Maintenance Costs include, without limitation, all costs to satisfy the monitoring, reporting, and maintenance requirements under the Fill Permit and Open Space Management Plan to the entity that will assume ownership of the open space areas and applicable to the on-site habitat mitigation lands located therein. Developer’s obligation to fund its share of the Open Space Maintenance Costs through the Park Services CFD will not be dependent upon the approval of any Development Entitlements for any development of the Property; provided, however, Developer understands that the special taxes required to fund such costs, as finally approved by the County, are anticipated to be levied first against developed properties within the Specific Plan (i.e., property subject to a Final Small Lot Map or building permit), then against properties within approved Development Phases, then against all other Participating Developer Properties, excluding Xxxxxx Member Properties until subsequently entitled. As to each Xxxxxx Property, no special tax shall be levied by the Park Services CFD against such Xxxxxx Property for any share of such Open Space Maintenance Costs unless and until a Tentative Large Lot Map, Tentative Small Lot Map, or other such Development Entitlement is approved for such Xxxxxx Property, or any portion thereof. As an alternative to including the Open Space Maintenance Costs for financing in the Park Services CFD, the County may elect, at its discretion, to form a separate County Service Area (an “Open Space CSA”) or community facilities services district (an “Open Space CFD”) to fund the Open Space Maintenance Costs. Upon any such election...
