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D. The Property provides or is capable or providing significant ecological and <br />habitat values that benefit endangered, threatened, and other species (collectively, "conservation <br />values"), as set forth in the HEMP, including: the Dehli sands flower- loving fly (Rhaphiomidas <br />terminates 'abdominalis) and associated species such as the Los Angeles pocket mouse <br />(Perognathus longimembris brevinasus). <br />E. The United States Fish and Wildlife Service ("USFWS"), an agency within the <br />United States Department of the Interior, has jurisdiction over the conservation, protection, <br />restoration, and management of fish, wildlife, native plants, and the habitat necessary for <br />biologically sustainable populations of these species within the United States pursuant to the <br />Endangered Species Act, 16 U.S.C. §§1531, et seq. ("ESA"), the Fish and Wildlife Coordination <br />Act, 16 U.S.C. §§661-666c, the Fish and Wildlife Act of 1956, 16 U.S.C. §§742(f), et seq., and <br />other provisions of Federal law. <br />F. Grantor intends to convey to 'Grantee the right to preserve, protect, sustain, and <br />enhance and/or restore the conservation values of the Property in perpetuity. <br />G. Grantee is authorized to hold conservation easements pursuant to California Civil <br />Code §815.3 and, as relevant to tax-exempt non-profit organizations, §501(c)(3) of the Internal <br />Revenue Code. <br />COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS <br />NOW, THEREFORE, in consideration of the above recitals and the mutual _covenants, <br />terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States <br />and the State of California including California Civil Code §815 et seq., Grantor hereby <br />voluntarily grants and conveys to_ Grantee a conservation easement in perpetuity . over the <br />Property of the nature and character consistent with the Conservation Instrument to the extent <br />hereinaftersetforth (the "Conservation Easement"). <br />1. Purpose. The purpose of this Conservation Easement is to ensure that the <br />Property will be retained forever in a condition contemplated by the Conservation Instrument <br />and to prevent any use of the Property that will significantly impair or interfere with the <br />conservation values of the Property. Grantor intends that this Conservation Easement will <br />confine the use of the Property to such activitiesincluding, without limitation, those involving <br />the preservation and enhancement of native species and their habitats in a manner consistent with <br />the conservation purposes of this Conservation Easement and the Conservation Instrument, with <br />the exception of activities authorized under the August 31, 1988 License between California <br />Portland Cement and Grantor ("License") (attached hereto as Exhibit B). <br />