Common use of Wetland and Flood Plain Mitigation Clause in Contracts

Wetland and Flood Plain Mitigation. In the event that the permitted wetland and/or flood plain mitigation area(s) for the impacts associated strictly with the S.R. 56 Extension and the Eastern Segment are permitted and constructed separately and distinctly from those associated with other Project impacts, the FDOT or COUNTY will accept ownership and maintenance responsibilities subsequent to successful completion of the maintenance and monitoring period and acceptance by the governing agency(ies). If the permitted wetland and flood plain mitigation areas related to the S.R. 56 Extension and the Eastern Segment are commingled/combined with drainage facilities of the Project or any adjacent facilities or developments, all the wetland and flood plain mitigation areas shall be permitted, owned, operated and maintained by DEVELOPER; appropriate easements shall be provided to the FDOT or COUNTY for the wetland and flood plain mitigation areas associated with the S.R. 56 Extension and the Eastern Segment so the FDOT or COUNTY has the ability to maintain the facilities in the event DEVELOPER defaults on its obligation to maintain the facilities.