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suitable habitat for other sensitive species including burrowing owl, San Diego homed lizard,
<br />and loggerhead shrike, and (v) provides a setting for outreach programs to educate local citizens
<br />about the Delhi Sands natural community and about the DSF and the ongoing efforts to protect it
<br />(collectively, "Conservation Values"). The Conservation Values are of importance to Grantor,
<br />Grantee, USFWS, the people of the State of California, and the people of the United States, and
<br />they are consistent with the habitat conservation purposes of the West Valley Habitat
<br />Conservation Plan ("West Valley HCP").
<br />D. The Property supports habitat required to be preserved and managed in perpetuity
<br />by Federal Endangered Species Act Incidental Take Permit TE -4916413-0 ("Permit") as
<br />mitigation for certain impacts from Covered Activities including new commercial and residential
<br />development located in the City of Colton, County of San Bernardino, according to the West
<br />Valley HCP, dated December 2, 2014, the terms of which are incorporated by reference in this
<br />Conservation Easement. Grantor, Grantee and USFWS each has a copy of the West Valley HCP
<br />and the Permit.
<br />E. Grantee is authorized to hold conservation easements pursuant to California Civil
<br />Code Section 815.3. Specifically, Grantee is a tax exempt nonprofit organization qualified under
<br />Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified to do
<br />business in California, which has as its primary purpose the preservation, protection or
<br />enhancement of land in its natural, scenic, or open -space condition.
<br />F. Grantee agrees by accepting this grant to honor the intentions of Grantor to
<br />preserve and protect in perpetuity the Conservation Values of the Property in accordance
<br />with the terms of this Conservation Easement.
<br />G. USFWS, an agency within the United States Department of the Interior, has
<br />jurisdiction over the conservation, protection, restoration, and management of fish, wildlife,
<br />native plants, and the habitat necessary for biologically sustainable populations of these species
<br />within the United States pursuant to the Endangered Species Act, 16 U.S.C. Section 1531, et seq.
<br />("ESA"), the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c, the Fish and
<br />Wildlife Act of 1956, 16 U.S.C. Section 742(f), et seq., and other provisions of federal law.
<br />COVENANTS. TERMS, CONDITIONS AND RESTRICTIONS
<br />In consideration of the above recitals and the mutual covenants, terms, conditions,
<br />and restrictions contained herein, and pursuant to California law, including Civil Code
<br />Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation
<br />easement in perpetuity over the Property of the nature and character and to the extent
<br />hereinafter set forth ("Conservation Easement"). This Conservation Easement shall run
<br />with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees,
<br />and other occupiers or users of the Property or any portion of it.
<br />Purposes.
<br />(a) The purposes of this Conservation Easement are to ensure the Property
<br />will be retained forever in its natural condition (as defined below) consistent with the habitat
<br />protection requirements of the West Valley HCP and Permit and to prevent any use of the
<br />Conservation Easement 008
<br />2 8522-050 —1571042.1
<br />23152.06317\8786963.14
<br />07/17/18 - Council Agenda Packet 214
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