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Exhibit L, Declaration of Trust Form
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Exhibit L, Declaration of Trust Form
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S - <br />Exhibit L <br />Declaration of Trust Form <br />2005 <br />Attn: <br />Operations Manager <br />United States Fish & Wildlife Service <br />2800 Cottage Way <br />Sacramento, CA 95825 <br />Re: Colton Dunes Conservation Bank <br />Declaration of Trust <br />Pursuant to the Colton Dunes Conservation Bank- ("Bank") Agreement ("Agreement"), <br />(entity) hereby submits this Declaration of Trust pursuant to § 5.4 of the <br />Agreement. <br />Under the Agreement, Calmat Co. dba Vulcan Materials Company ("Vulcan"), its successors <br />or assigns, is required to establish and fund a dedicated, non -wasting, interest-bearing <br />account ("Endowment Fund"). The Endowment Fund shall be established at the Target <br />Amount the earlier of ten years after the effective date of the Agreement, when all the Bank's <br />conservation credits are sold, or when the Agreement is terminated pursuant to the <br />Agreement. [See Agreement, § 5.3]. If all the conservation credits are not sold, the funding <br />of the Endowment Fund will be based on the percentage of the Bank's conservation credits <br />sold. [See id.] <br />The Endowment Fund, once established, shall be provided to a Management Entity, as <br />defined in the Agreement, on transfer of management obligations to a Management Entity <br />other than Vulcan, or its successor. <br />With this letter, hereby declares that the Endowment Fund is to be used <br />exclusively by the Management Entity for management of the Bank for conservation <br />purposes consistent with the Agreement, the Habitat Enhancement and Management Plan, <br />and any conservation easement or Management Agreement .entered into as a result of the <br />Agreement. <br />Date: By: <br />Title: <br />• <br />
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