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including all life stages and associated habitat, for the endangered Delhi sands flower -loving fly <br />(Rhaphiomidas terminatus abdominalis) and associated species such as the Los Angeles pocket <br />mouse (Perognathus longimembris brevinasus) ("Covered Species")- A general description of <br />biological resources, including geographic location and features, topography, vegetation, past <br />and present land use, species, Covered Species, and habitat occurring on the Property, is set forth <br />in the Habitat Enhancement and Management Plan ("HEMP"), attached hereto as Exhibit F. <br />E. The USFWS' 1997 Final Recovery Plan for the Delhi Sands Flower -Loving Fly <br />("Delhi Sands Fly Recovery Plan") specifically states that, "[tlhe Service supports development <br />and use of mitigation banks within the Recovery Units for the Delhi Sands flower -loving fly." <br />The Property is located within the Colton Recovery Unit, one of the three Recovery Units <br />identified by the Delhi Sands Fly Recovery Plan. [See Delhi Sands Fly Recovery Plan, Figure <br />3.1 <br />F. In accordance with this Agreement, the Parties desire to establish a Conservation <br />Bank on the Property to be known as the "Colton Dunes Conservation Bank" or "Conservation <br />Bank" to provide for the conservation and management of the Property for the benefit of <br />Covered Species, which shall be used for mitigation and compensatory conservation through the <br />sale or conveyance of "Conservation Credits" as. provided herein. <br />G. This Conservation Bank will be implemented by recording of Conservation . <br />Easements in accordance vith Califon -iia Civil Code 815 et seg. and this A reemen <br />those easements will burden the Property to accomplish the conservation and recovery of <br />Covered Species and associated habitat. <br />H. This Agreement sets forth the terms and conditions by which the Conservation Bank <br />will be established, implemented, and governed, as set forth below: <br />II. AGREEMENT DEFINITIONS <br />1. The terms used in this Agreement are defined as set forth below: <br />05{19/2005 2 <br />