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Exhibit M, Endowment Bond
Colton
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Exhibit M, Endowment Bond
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2/24/2014 1:24:36 PM
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EXHIBIT M <br />ENDOWMENT BOND <br />KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED <br />CalMat Co., doing business as Vulcan Materials Company, 3200 San Fernando Road, Los <br />Angeles, CA 90065, a corporation organized and existing under the laws of the State of <br />Delaware (hereafter "Principal") and <br />(Name of Surety Company, whose address for service is:) <br />(Street Address) (City) (State) (Zip Code) > <br />organized and existing under the laws of the State of and licensed to do <br />business in California, as Surety, are held firmly bound unto the [United States Fish and Wildlife <br />Service ("USFWS) approved entity] as Obligee., <br />We, Principal and Surety are bound unto Obligee, in the penal sum of <br />DOLLARS ($ 1, for <br />payment of which sum we hereby jointly and severally bind ourselves, our successors, and <br />assigns. In the event of forfeiture by the Principal, the Obligees agree that they shall not demand <br />in excess of the penal sum of this bond. <br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: <br />Whereas, this bond concerns an obligation under the Colton Dunes Conservation Bank <br />Agreement ("Agreement") between Principal and USFWS-dated , 2005. Whereas, <br />Section 5.2 of the Agreement requires this Endowment Bond. <br />Whereas, this sum is due and payable to Obligee to cover the Target Amount for the Endowment <br />Fund, as defined in the Agreement, should Owner default on its obligation to fully fund the <br />Endowment Fund as required under the Agreement. The intent of the Endowment Fund is to <br />cover long-term management costs of the Conservation Bank and inflation. <br />Whereas, the Principal is filing this Endowment Bond as a guarantee that the Endowment Fund <br />remain fully funded. <br />Whereas, the Surety and their successors and assigns agree to guarantee the obligation and to <br />indemnify the [USFWS designee] from the failure of the Principal to fully fund the Endowment <br />Fund. <br />NOW THEREFORE, if Principal fully funds the Endowment Fund to the Target Amount, then <br />this obligation shall terminate, otherwise it shall remain in full force and effect. The failure of <br />the Principal to fully fund the Endowment Fund when due under the Agreement will result in the <br />forfeiture of funds from this Endowment Bond sufficient to cover the deficiency. This bond can <br />be revised after five (5) years to account for inflation and experience on the Conservation Bank <br />
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