Mitigation Fees. The Mitigation Fees for Impact Activities associated with oil and gas development activities will be calculated using the following fee structure. These Mitigation Fees will apply to Impact Activities conducted on the Enrolled Property, as well as those Impact Activities conducted off Enrolled Property that are associated with activities on the Enrolled Property (such as construction of power lines and roads not located on the Participant’s Enrolled Property but across properties serving Participant’s activities on the Enrolled Property). The structure shall also apply to third parties doing work for the Participant, regardless of who constructs or operates the associated facilities. The Participant must comply with the procedures outlined in Section XIV of the CCAA (Development Procedures) before it or its third-party subcontractors conduct any Impact Activities. The Mitigation Fees reflect the conservation strategy for the LEPC set forth in the Range-wide Conservation Plan for the LEPC (“RWP”). The RWP identifies numerous “focal areas” for the LEPC, which the RWP defines as the areas of greatest importance to the LEPC and where habitat enhancement, maintenance, and protection should be focused. The RWP also calls for the establishment of “connectivity zones” to allow linkage among focal areas.
Mitigation Fees. The RWP and CCAA intend that Mitigation Fees will be paid in proportion to impacts to LEPC habitat. The following activities require payment of Mitigation Fees to offset impacts to the LEPC: construction of oil and gas pads, compressor stations, private roads (e.g., lease roads), distribution lines, and industrial buildings (collectively “Impact Activities”). The Enrollment Fees will serve as prepayment of Mitigation Fees and will not be paid in addition to Mitigation Fees. The Enrollment Fees are intended to be used immediately to implement conservation activities to benefit the LEPC before Impact Activities are proposed. WAFWA will maintain a Participant’s Enrollment Fees and Mitigation Fees in a Habitat Conservation Fund Account specific to the Participant’s CI, as described below. Participants must pay Mitigation Fees, and WAFWA must ensure the availability of necessary offset units, before Impact Activities can occur. To avert the possibility of delays in development if the species is listed, Participants are strongly encouraged to maintain a prepayment balance in excess of Enrollment Fees and after the initial three-year prepayment period based on an estimate of future development impacts. Because WAFWA applies Mitigation Fees and contracts for the necessary offset units on an annual basis, Participants will need to submit Mitigation Fees based on anticipated development for the following calendar year before October 1 of each year (i.e., prior to the start of WAFWA annual sign-up period) to ensure sufficient offset units are available by January 1 of the following year to mitigate such anticipated development. Participants are encouraged to confer with WAFWA to estimate the Mitigation Fees necessary for future anticipated development. Pre-paid Mitigation Fees will be maintained in the Habitat Conservation Fund Account of the Participant until they are needed. If a Participant expects development to occur among ecoregions that is not proportional to the Participant’s enrolled acres in those ecoregions, the Participant should advise WAFWA upon enrollment or payment of Enrollment Fees so that WAFWA can attempt to acquire offset units in the appropriate ecoregion. Participants will monitor their Habitat Conservation Fund Accounts and review the balances of pre-paid Enrollment and Mitigation Fees. If a Participant determines its pre-paid Enrollment and Mitigation Fees will be less than the amount of Mitigation Fees necessary for remaining Impact Activiti...
Mitigation Fees a. The Tribe shall pay Mitigation Fees to the City on an annual basis during the Term in the following amounts, each of which shall be subject to the credit for SDF Payments described in Section 3.4.a.iii:
i. On or before June 30, 2010 (June 30 of each year shall be known as the “Anniversary Date”), the sum of Two Million dollars ($2,000,000).
ii. For each succeeding year , the following amounts:
A. The sum of Two Million dollars ($2,000,000) on or before the second, third, fourth and fifth Anniversary Dates;
B. On or before the sixth Anniversary Date, the sum of Two Million dollars ($2,000,000) adjusted upward or downward in accordance with the direction and percentage of change from the prior year in the annual Consumer Price Index for the metropolitan area closest to the City of Temecula last published prior to the date such payment is due ("CPI”), by multiplying such percentage change in the CPI by $2,000,000 and adding or subtracting such amount, as the direction of the change may dictate, and
C. On or before each Anniversary Date thereafter during the Term, the amount due with respect to the last Anniversary Date, adjusted upward or downward in accordance with the direction and percentage of change from the prior year in the CPI, by multiplying such percentage change in the CPI by the amount of such prior amount due and adding or subtracting such amount, as the direction of the change may dictate; and
D. A last and final Mitigation Fee payment under this Agreement, which shall be paid on or before the Anniversary Date that falls within the year 2030, adjusted as in the preceding subparagraph C.
iii. Each Mitigation Fee due annually under subsection i. or ii. shall be reduced by the amount of any SDF Payments received by the City in the same year such Mitigation Fee payment is due (or if received after payment of the Mitigation Fee in that year, shall so reduce the following year’s payment), except that any SDF Payment received by the City after the last and final Mitigation Fee payment was received by it shall be refunded to the Tribe on or before the next June 30th.
iv. In addition to the Mitigation Fee payments set forth in subsections i through iii above, on or before the fifth Anniversary Date, the Tribe shall pay to the City a Mitigation Fee in the amount of Ten Million dollars ($10,000,000). Such Mitigation Fee shall be reduced by the amount of any federal or state grant or other funding (including but not limited to a grant or funding with res...
Mitigation Fees. The Developer agrees that it will not challenge by court action or otherwise oppose the City’s current Development Impact Fees authorized by the Mitigation Fee Act or any other development fees or Exactions in effect on the Effective Date of this Agreement.
Mitigation Fees. The Mitigation Fee prices will be formulated to reflect full-cost accounting for establishment and management of mitigation sites, which includes: costs associated with site selection, permitting and design, construction, monitoring and maintenance, long-term management, program administration, contingencies, and property rights acquisition. Mitigation Fees are further discussed in Appendix , Program Account, Section . Mitigation Fees will comprise of: a Credit Fee and a Land Fee. The Credit Fee price will reflect average costs for implementing all components of a mitigation project, based on cost analyses of recent applicable projects completed by the [insert Sponsor name or agency department responsible for the analyses]. Credit Fees will be used to implement all aspects of mitigation projects undertaken by the ILF Program. The Land Fee prices will be based on an analysis of average cost of recent [insert area where ILF Program will be applicable] natural lands acquisitions [revise as necessary according to roster lands or potential ILF Program land acquisitions, within different areas and zoning categories [revise as appropriate]. Land Fees will be used for acquisition of lands and/or land interests as described in Appendix , Program Account, Section .
Mitigation Fees. Where an Urban Development Permittee selects payment of Mitigation Fees as its method of satisfying the Mitigation Requirement for the public or private project, the provisions of Section 4 shall govern the calculation and collection of such fees, and such Urban Development Permittee shall pay the Mitigation Fees as so calculated. The amount payable for the Mitigation Fee shall be the amount specified by ordinance or resolution adopted by the governing body of the CITY or SUTTER, including but not limited to the “catch-up fee” ordinances or other ordinances or resolutions adopted prior to or after the Effective Date.
Mitigation Fees. As defined in Chapter VI, the term "Mitigation Fees" means the one time, up-front fees levied upon an Authorized Development site (in gross acres) that is used to pay for the Mitigation Land acquisition, enhancement, management, monitoring, and other activities required under the NBHCP. The Mitigation Fees must be paid prior to the issuance of an Urban Development Permit by the Land Use Permittee. The components of the Mitigation Fee include: Land Acquisition, Restoration/Enhancement/Monitoring, Administration O&M, O&M Endowment Fund, Supplemental Endowment Fund, and Fee Collection Administration as defined in Chapter VI.
Mitigation Fees. The Mitigation Fee prices will be formulated to reflect full-cost 214 accounting for establishment and management of mitigation sites, which includes costs 215 associated with site selection, permitting and design, construction, monitoring and maintenance, 216 long-term management, program administration, contingencies, and property rights acquisition. 217 Mitigation Fees will be updated, as often as once a year, based on current market rates for 218 mitigation project implementation costs and costs of property rights. Mitigation Fees are further 219 discussed in Appendix F, Program Account, Sections 2.0 and 3.0. 220 Mitigation Fees will comprise two fees: a Credit Fee and a Land Fee. These mitigation fees will 221 be determined separately for each Service Area. The Credit Fee prices will reflect average costs 222 for implementing all components of a mitigation project, based on cost analyses of recent 223 applicable projects completed by Xxxxxx County within each Service Area. Credit Fees will be 224 used to implement all aspects of mitigation projects undertaken by the PCILF Program. 225 The Service Area Land Fee prices are based on current market analyses of lands that were 226 purchased or that may be considered for purchase (upon application of the compensation 227 planning framework) for the purpose of wetland or aquatic habitat restoration. Land Fees will be 228 used for acquisition of lands and/or land interests as described in Appendix F, Program Account, 229 Section 2.0. 230 D. Program Account: Mitigation Fees, once collected, will be allocated under Xxxxxx 231 County’s ILF Program Account. The Program Account will be established within Xxxxxx 232 County’s Financial Accounting System, which is run through an association with Bank of 233 America, a member of the Federal Deposit Insurance Corporation. Upon the sale of the first 234 PCILF credit in each Service Area, the following sub-accounts will be established for each 235 Service Area under the PCILF Program Account: Land Fee Account, Program Administration 236 Account, Contingency Account, Long Term Management Account, and Individual Mitigation 237 Projects Account. The allocation of percentages for each account will be determined by the 238 Sponsor, Ecology and the Corps in accordance with the process outlined in Appendix F, Program 239 Account. The Sponsor must allocate and deposit funds to the appropriate accounts within 30 240 days of the receipt of Mitigation Fees from a permittee. Collect...
Mitigation Fees. The Mitigation Fee prices will be formulated to reflect full-cost accounting for establishment and management of mitigation sites, which includes: costs associated with site selection, permitting and design, construction, monitoring and maintenance, long-term management, program administration, contingencies, and property rights acquisition. Mitigation Fees are further discussed in Appendix , Section . Mitigation Fees will comprise two fees: a Credit Fee and a Land Fee. The Credit Fee price will reflect average costs for implementing all components of a mitigation project, based on cost analyses of recent projects [need to define “recent” in terms of years covered for analyses] completed by the [insert Sponsor name or agency department responsible for the analyses]. Credit Fees will be used to implement all aspects of mitigation projects undertaken by the ILF Program. The Land Fee prices will be based on an analysis of average cost of recent [insert area where ILF Program will be applicable] natural lands acquisitions [revise as necessary according to roster lands or potential ILF Program land acquisitions. “Recent” needs to be defined (see above)] within different areas and zoning categories [revise as appropriate]. Land Fees will be used for acquisition of lands and/or land interests as described in Appendix , Section .
Mitigation Fees. Pay the Agency a one-time payment of $147,606.72, which amount includes all SCVHP mitigation fees necessary for the Project. The total payment amount is the sum of all applicable fees multiplied by the acres of impact or miles of stream or vehicle trips (as applicable) for each fee category listed in Table 9-6 of the SCVHP and as adopted by the Agency’s Governing Board Ordinance No. 2013-01 and Governing Board Resolution No. G-2015-003 and as may be adjusted periodically. AND
