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Subject Property for the costs of said maintenance. All environmental permitting, <br />mitigation, and soil and erosion control for the Subject Property shall conform to all <br />federal, state, and local permits/requirements, shall be the sole responsibility of the <br />Owner, and shall be maintained in good condition/standing with the applicable <br />permitting authorities. Best Management Practices (BMP) and conformance to <br />National Pollutant Discharge Elimination System (NPDES) criteria are required. <br />AA. Transportation, site access, and traffic devices: <br />1. Phase I — The Developer is responsible for all transportation improvements <br />associated with Phase I development of the Subject Property and any off-site <br />transportation requirements required as a result of the proposed development for <br />site function, that maintains or improves the level of service for area roadways, and <br />ensures the public health, safety, and welfare for the community. All permits shall <br />be obtained from appropriate permitting agencies prior to development. Phase I <br />development requires a 10 ft. wide right-of-way dedication to Seminole County <br />along Jergo Road, depicted as D-1 on the concept plan. The City shall not be <br />responsible for the maintenance of any roads associated with Phase I development. <br />2. Phase II — The Developer is responsible for all transportation improvements within <br />the Subject Property and any off-site transportation requirements required as a <br />result of the proposed development for site function. These improvements should <br />prioritize the use of active modes of transportation such as walking, biking, and <br />rolling to maintain or improve the level of service for the area roadways and <br />pathways while promoting the health, safety, and welfare of the community. All <br />permits shall be obtained from appropriate permitting agencies prior to <br />development and the City shall determine the appropriate level of service per the <br />City's Comprehensive Plan and current traffic counts. <br />7. Public Facilities/Land Dedication. None. <br />8. Development Permits/Fees. The Developer is responsible for obtaining permits <br />and the payment of all permit fees for facilities and services for the Subject Property. Any site <br />permits shall be kept current with the respective permitting agency and shall ensure the protection <br />of the public health, safety, and welfare of the community and the development. All impact fees <br />apply unless a cessation exists through a citywide moratorium, and no impact fee credits shall be <br />awarded through this Agreement. Proportionate fair share site improvements shall not be a credit <br />against impact fees. <br />9. Site Plan/Plat Approval. Exhibit "B", the Concept Plan, is the graphic <br />representation of the PUD and this Agreement. The Concept Plan shall not replace, supersede, or <br />absolve the Developer from approvals for any site plan, preliminary plat, or final plat and their <br />respective regulations. Where more detailed criteria for City required submittals exceed the criteria <br />required for a Concept Plan, the more detailed criteria shall apply. <br />10. Indemnification. The Developer shall indemnify and hold the City harmless from <br />any and against all claims, demands, disputes, damages, costs, expenses, (to include attorneys' fees <br />whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred by the <br />8 <br />