R-073-18 Approving an Amended and Restated Conservation Easement for the West Valley Habitat Conservation Plan in Favor of the Rivers and Lands Conservancy

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Property that will impair or interfere with the Conservation Values of the Property (the "Purposes"). Grantor intends that this Conservation Easement will confine the use of the Property to such activities that are consistent with these Purposes, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Property, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Property that occur directly as a result of the following activities: (1) Activities described in the West Valley HCP; and (2) Changes occurring over time not caused by a violation of this Conservation Easement. (c) The current Natural Condition is evidenced in part by the following: (1) a color aerial photograph of the Property at an appropriate scale taken as close in time as possible to the date this Conservation Easement is executed; (2) an overlay of the Property boundaries on such aerial photograph; (3) on-site color photographs showing all man-made improvements or structures and the major, distinct natural features of the Property. Such further evidence is on file at the offices of the Grantee; and (4) other documents in Grantee's file, including but not limited to, a baseline survey described in Section 6(a). (d) If a controversy arises with respect to the Natural Condition of the Property, neither Party shall be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. (e) The West Valley HCP and Permit require Adaptive Management of the Property, recognizing that Adaptive Management is a key element of implementing effective conservation programs. Adaptive Management combines data from monitoring species and natural systems with new information from management and targeted studies to continually assess the effectiveness of the conservation program and adjust conservation actions. Adaptive Management may include re -prioritizing monitoring efforts as well as corrective actions where (a) resources are threatened by land uses in and adjacent to the Property, (b) current management activities are not adequate or effective, or (c) enforcement difficulties are identified. Actions that are part of Adaptive Management of the Property in accordance with the Permit and the West Valley HCP, including but not limited to monitoring and corrective actions, are consistent with the Purposes of, and expressly permitted by, this Conservation Easement. 2. Grantee's Rights. Zts. To accomplish the Purposes of this Conservation Easement, Grantor, its successor and assign hereby grants and conveys the following rights to Grantee: (a) To preserve and protect the Conservation Values of the Property; Conservation Easement 008 3 R522-050 — 1571042.1 23152.06317\8786963.14 07/17/18 - Council Agenda Packet 215