In order to comply with applicable provisions of the United States endangered species act of 1973, as amended, as enforced by the United States fish and wildlife service (the "FWS"), the city hereby adopts certain standards and conditions concerning development of lands within the 1996 mesquite land act and the 1999 mesquite land act as such development might affect certain federally listed species in and around the Virgin River. Specifically, the FWS is concerned the development of the subject property may jeopardize the continued existence of the Virgin River chub (Gila seminuda) and the woundfin minnow (Plagopterus argentissimus), both of which are federally listed as endangered species, or result in adverse modification of their designated critical habitats and that such development may adversely affect the endangered southwestern willow flycatcher (Empidonax trailli extimus), the endangered Yuma clapper rail (Rallus longirostris yumanesis), and the yellow billed cuckoo (Coccyzus americanus) a candidate for listing under the ESA, collectively referred to as "the Virgin river species". (Ord. 270, 7-29-2002)

The developer of any land within the 1996 mesquite land act and the 1999 mesquite land act ("the subject property"), is required to enter into an environmental development plan ("EDP") with the city to ensure adverse affects of construction and occupancy on the Virgin River species have been considered and resolved prior to construction proceeding on such land. Any such environmental development plan will address the following concerns:

   A.   Any taking of the Virgin River species in and around the Virgin River will only be incidental to otherwise lawful activities and subject to a lawful permit issued by the FWS;

   B.   The developer of any land within the subject property will, to the maximum extent possible, minimize and mitigate the impacts of any construction and development upon the Virgin River species in and around the Virgin River;

   C.   The developer of any land within the subject property and other persons holding a valid permit from the FWS will ensure that any incidental taking of any of the Virgin River species in and around the Virgin River will not appreciably reduce the likelihood of the survival and recovery of the Virgin River species in the wild; and

   D.   The developer of any land within the subject property will comply with all applicable requirements of the Clark County multiple species habitat conservation plan ("CCMSHCP") or, alternatively, with all applicable requirements of a habitat conservation plan ("HCP"), in cooperation with and approved by the FWS as being necessary for the purposes of protection of the Virgin River species. (Ord. 270, 7-29-2002)

Within ninety (90) days of the city obtaining title to the subject property, the city will pursue an amendment of the current CCMSHCP to add the Virgin River species or, alternatively, if an amendment of the CCMSHCP is denied as to the Virgin River species, the city will assist the FWS under the ESA to protect the Virgin River species in the pursuit of a HCP for the subject property under issuance criteria outlined in section 10 of the ESA to cover the Virgin River species. (Ord. 270, 7-29-2002)

When developed and occupied, residents within the subject property are required to adhere to all applicable codes, covenants and restrictions imposed by the developer and/or the city and the CCMSHCP (or HCP) to avoid, minimize and mitigate the adverse affects of development within the subject property on the Virgin River species. (Ord. 270, 7-29-2002)

The city will carry out its legal responsibilities under section 10 of the endangered species act and will, accordingly, assist the FWS in the recovery of the Virgin River species in and around the Virgin River, subject to the availability of adequate federal or other noncity funding to accomplish such assistance. In furtherance of its pledge of assistance to FWS, the city agrees to:

   A.   Seek the designation for use of the sale proceeds set forth in the technical amendment to the mesquite lands act 2001 for recovery of the Virgin River species set forth herein affecting the Virgin River within the state of Nevada through and adjacent to the corporate limits of the city as it now exists and as it will exist in the future;

   B.   Seek proceeds of any applicable fees associated with development of the subject property payable under the CCMSHCP for the EDP; and

   C.   Pursue other available funds for accomplishing the purposes of this chapter including, but not limited to, funds available within the CCMSHCP process. (Ord. 270, 7-29-2002)

City issued permits to grade or build a building within the subject property must include all relevant requirements of the CCMSHCP as to the Virgin River species. The city will participate in a hydrologic monitoring and mitigation plan for the Lower Virgin River basin. (Ord. 270, 7-29-2002)