Maintenance by Developer/Park Agency. Developer, and/or its successors and/or the Development Group, shall be solely responsible for satisfying all monitoring, reporting, and maintenance, requirements under the Fill Permit and Open Space Management Plan during the remaining and any extended monitoring period, as determined by the Permitting Agency. To the extent permitted by law and the Open Space Management Plan, the costs of complying with such monitoring, reporting and maintenance requirements within the open space/mitigation areas located within the Plan Area may be funded by the Park Services CFD to be formed pursuant to Section 3.20 below. Provided that, prior to finalization of the Fill Permit, the Park Agency is able to review and provide input on all conditions of the Fill Permit that may fall under the obligation of the Park Agency. To the extent such funding is available from the Park Services CFD, the Parties agree to cooperate to facilitate the ability of the Park Services CFD to fund the monitoring and compliance within the Plan Area associated with the Fill Permit, which may involve acceptance of the open space areas within the Plan Area by the Park Agency or by a non-profit land trust or other such entity acceptable to the Park Agency to assume the responsibility for the monitoring and maintenance obligations assigned to the owner of the open space areas under the Fill Permit and Open Space Management Plan within such open space areas. In no event will the County be obligated by this Agreement to assume the ownership of the open space areas within the Plan Area, provided the County may, at any time, elect in its sole discretion to assume such ownership and any such election shall not require an amendment to this Agreement. Furthermore, during said monitoring period, unless and until adequate funds are collected by the Park Services CFD to fund all costs associated with the monitoring and mitigation requirements under the Fill Permit and the Open Space Management Plan, the Developer and/or Development Group shall indemnify, defend and hold County and the Park Agency harmless from any and all costs, liabilities or damages for which the County or the Park Agency is or may be held responsible or alleged to be responsible under the Fill Permit and the Open Space Management Plan, which arise out of or relate to any failure of Developer or the Development Group, or any non-profit land trust or other such entity that assumes such monitoring and maintenance obligations, to satisfy such ...
