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2 MEMORANDUM OF UNDERSTANDING <br />3 <br />UNITED STATES FISH AND WILDLIFE SERVICE <br />4 <br />5 AND <br />6 THE CITY OF COLTON, CALIFORNIA <br />7 <br />1. RECITALS <br />8 <br />9 <br />1-1: The United States Fish and Wildlife Service C'Service") has designated the <br />1 Delhi Sands Flower -loving Fly ("DSF") as an endangered species pursuant to the <br />12 1 <br />provisions of the Endan ered Species Act ("Act" or "ESA'), but has not designated <br />9 <br />13 <br />critical habitat for the DSF; and <br />14 <br />1.2: The City of Colton, California ("City"), is a municipal corporation <br />15 <br />16 organized pursuant to the general laws of the State of California and has full jurisdiction <br />17 <br />and power over all land areas within its corporate boundaries, including without <br />18 <br />limitation, that land area designated as the Colton Agua Mansa Corridor ("CAMC�V) as <br />19 <br />20 more particularly set forth on Exhibit A, attached hereto and by this reference made a part <br />hereof, and <br />21 i <br />22 <br />1.3: The land within the CAMC ("CAMC Land") consists of approximately <br />23 <br />240 acres of undeveloped land suitable for industrial and commercial development; and <br />24 <br />1.4: Visy Paper Pty, Ltd., ("Visy") is considering the construction and <br />25 <br />operation of a paper recycling plant and related commercial industrial facilities on <br />26 <br />proximately 80 acres of CAMC Land ("Visy Project"); and <br />27 aP1 <br />28 <br />MOU - Fish & Wildlife Service and the City of Colton, California Page I <br />