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Report, Colton Dunes Conservation Bank Agreement
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Report, Colton Dunes Conservation Bank Agreement
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• <br />easements or encumbrances would interfere with the Conservation Easement, except for the <br />License Agreement. USFWS acknowledges the above Property Assessment by Owner. <br />(25) "Restoration Bond" means a bond, (in the form attached hereto as Exhibit O) to be <br />acquired by Vulcan payable to an entity approvedby the USFWS to cover the estimated costs <br />associated with (a) the restoration of that portion of the site should use of the License be <br />approved; or (b) to purchase similar quality habitat within the Service Area to be managed <br />according to terms that equal the level of protection to Covered Species provided by this <br />Agreement, should restoration not be possible and Vulcan defaults on its obligation under this <br />Agreement. The need for the Restoration Bond will terminate and the bond shall be released <br />either: a) upon expiration of the License on August 31, 2008 and no disturbance of the Property <br />has occurred pursuant to the License, or b) if the Property has been disturbed pursuant to the <br />License either i) upon the restoration of the impacted area, or ii) upon the purchase of <br />replacement habitat as outlined above in this section. <br />(26) "Service Area" (also known as "Credit Area") means the geographic` area described <br />on the map and in the narrative description set forth at Exhibit E, within which impacts that <br />occur may be mitigated or compensated through the use of Conservation Credits. <br />(27) "Target Amount" means an amount that the Parties determine is the amount that the. <br />Endowment Bond will ensure that the Endowment Fund will be funded if all of the Conservation <br />Credits are sold. If all of the Conservation Credits are not sold, the funding of the Endowment <br />Fund will be based on the percentage of the total of Conservation Credits sold. The Target <br />Amount shall be sufficient to provide for a non -wasting interest-bearing account that covers both <br />annual estimated maintenance costs and an inflation rate. The Target Amount does not include <br />the initial restoration efforts; those costs are guaranteed by the Conservation Bond. <br />(28) "Target Date" means the date by which the Parties determine that. the Endowment <br />Fund shall be fully funded. <br />05/19/2005 <br />
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