A. No later than five working days prior to the initiation of any ground disturbance activities (grading start date) by an urban development permittee on parcels containing known dens, the urban development permittee shall notify the regional office of CDFG and USFWS of the intent to initiate ground disturbance activities and shall agree to permit appropriate access for salvage purposes.

B. Upon notification of the property owner, any person holding proper permits may remove and relocate kit fox from known dens within approved urban development permitted areas. Any person proposing to remove or relocate kit fox shall indemnify and hold harmless the property owner from and against any claims, damages, or causes of action arising from such removal or relocation. An urban development permittee is not required under this agreement or the MBHCP to pay the cost of the relocation or salvage activity or be responsible for obtaining necessary permits to relocate any species of concern. If, for any reason, the persons responsible for relocating species of concern are unable to carry out the relocation activities prior to the grading start date, the urban development permittee may proceed to engage in the supervised destruction of known dens and otherwise initiate approved construction activities.

C. If the CDFG or USFWS is unable to relocate the kit foxes by the grading start date, the urban development permittee shall then be required to eliminate the known den in the manner described by the city of Bakersfield which allows for the San Joaquin kit fox to escape the construction area prior to project grading.

D. The urban development permittee shall record and report to the implementation trust any sightings of San Joaquin fox during den destruction. (Ord. 4046 § 2, 2002)