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Exhibit O, Restoration Bond
Colton
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COLTON DUNES CONSERVATION BANK AGREEMENT
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Exhibit O, Restoration Bond
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2/24/2014 1:24:32 PM
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2/20/2014 4:55:12 PM
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EXHIBIT O <br />RESTORATION BOND <br />KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED <br />CalMat Co., doing business as Vulcan Materials Company, 3200 San Fernando Road, Los <br />Angeles, CA 90065, a corporation organized and existing under the laws of the State of <br />Delaware (hereafter "Principal") and <br />(Name of Surety Company, whose address for service is:) <br />(Street Address) (City) (State) (Zip Code) ' <br />organized and existing under the laws of the State of and licensed to do <br />business in California, as Surety, are held firmly bound unto the [United States Fish and Wildlife <br />Service ("USFWS") approved entity] as Obligee. <br />We, Principal and Surety are bound unto Obligee, in the penal sum of <br />DOLLARS ($ <br />payment of which sum we hereby jointly and severally bind ourselves, our successors, and <br />assigns. In the event of forfeiture by the Principal, the Obligees agree that they shall not demand <br />in excess of the penal sum of this bond. <br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that: <br />Whereas, this bond concerns an obligation under the Colton Dunes Conservation Bank <br />Agreement ("Agreement") between Principal and USFWS dated 2005. Whereas, <br />Section 5.6 of the Agreement requires this Restoration Bond. <br />Whereas, this sum is due and payable to cover estimated costs as provided under the Agreement <br />associated with a) the restoration of that portion of the Colton Dunes Conservation Bank <br />disturbed, if any, under the License between Principal and California Portland Cement Company <br />("CPC") dated August 31, 1988 ("License"), or b) to purchase similar quality habitat within the <br />Service Area (defined in the Agreement) to be managed according to terms that equal the level of <br />protection to Covered Species (as defined in the Agreement). <br />Whereas, the Surety and their successors and assigns agree to guarantee the obligation and to <br />indemnify the [USFWS designee], from the failure of the Principal to complete the restoration of <br />the land or acquisition of replacement habitat in conformity with the Agreement subject to the <br />penal sum of this bond. <br />NOW THEREFORE, if a) said License shall expire on August 31, 2008 and no disturbance of <br />the Colton Dunes Conservation Bank Property ("Property") has occurred pursuant to the License, <br />or b) if the impacted area of the Property has been restored, or c) if replacement habitat has been <br />acquired, then this obligation shall terminate, otherwise it shall remain in full force and effect. <br />
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