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 Roadway Improvements are permitted and constructed separately and distinctly from impacts associated with the Project or any other facilities or developments, the County or FDOT, as applicable, 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 Roadway Improvements are commingled/combined with wetland and flood plain mitigation areas of the Project or any other facilities or developments, all the wetland and flood plain mitigation areas shall be permitted, owned, operated and maintained by the underlying landowner (including the Developer, where applicable) or another County-approved responsible entity designated by such owner (e.g., homeowner's association, property owner's association, or community development district). Appropriate easements shall be provided to the County and/or FDOT, as applicable, for the wetland and flood plain mitigation areas owned by the Developer associated with the Roadway Improvements, so that the County and/or FDOT has the ability to maintain the facilities in the event Developer defaults on its obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether wetland and floodplain mitigation facilities may be commingled or combined in accordance with this paragraph; provided, however, wetland and flood plain mitigation facilities shall not be commingled or combined for S.R. 56 unless specifically approved by FDOT.

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 Roadway Improvements are permitted and constructed separately and distinctly from impacts associated with the Project or any other facilities or developments, the County or FDOT, as applicable, 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 Roadway Improvements are commingled/combined with wetland and flood plain mitigation areas of the Project or any other facilities or developments, all the wetland and flood plain mitigation areas shall be permitted, owned, operated and maintained by the underlying landowner (including the Developer, where applicable) ). or another County-approved responsible entity designated by such owner (e.g., homeowner's association, property owner's association, or community development district). Appropriate easements shall be provided to the County and/or FDOT, as applicable, for the wetland and flood plain mitigation areas owned by the Developer associated with the Roadway Improvements, so that the County and/or FDOT has the ability to maintain the facilities in the event Developer defaults on its obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether wetland and floodplain mitigation facilities may be commingled or combined in accordance with this paragraph; provided, however, wetland and flood plain mitigation facilities shall not be commingled or combined for S.R. 56 unless specifically approved by FDOT.