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COLTON DUNES CONSERVATION BANK AGREEMENT <br />This CONSERVATION BANK AGREEMENT"A eement" <br />( gr ) is entered into on <br />2005, between Ca1Mat Co., a Delaware corporation doing business as Vulcan <br />Materials Company ("Vulcan" or "Owner") and the United States Fish and Wildlife Service <br />(USFWS) (referenced jointly as the "Parties"). The purpose of this Agreement is to establish the <br />terms and conditions for a Conservation Bank on certain real property to be known as the Colton <br />Dunes Conservation Bank. <br />1. AGREEMENT RECITALS <br />WHEREAS: <br />A. Vulcan has an office in Los Angeles, California, and is the owner ("Owner") of real <br />property located in the City of Colton, County of San Bernardino, located southwest of the <br />intersection of Pepper Street and Slover Avenue, and more completely illustrated in Exhibit A <br />(general and site location maps) and described in Exhibits B,. C, and D (parcel map, legal <br />description, title report) attached hereto ("Property"). <br />B. The USFWS exercises jurisdiction with respect to the conservation, protection, <br />restoration, enhancement, and management of fish, wildlife, native plants, and habitat pursuant <br />to various federal laws including the Endangered Species Act, 16 U.S.C. § 1531 et seq. ("ESA"), <br />the Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c, and the Fish and Wildlife Act of <br />1956, 16 U.S.C. § 742(f) et seq. <br />("Activities") will occur in the "Service Area" for this Conservation Bank, which Service Area is <br />set forth and attached hereto as Exhibit E, that will necessitate the implementation of mitigation <br />and compensatory conservation measures for impacts to species and habitat subject to this <br />Agreement ("Covered Species"). <br />D. Establishment of this Conservation Bank represents an opportunity to conserve highly <br />valuable biological resources. The Conservation Bank will provide permanent conservation and <br />protection for endangered and threatened species and any additional species that the Parties <br />determine will be adequately conserved as a result of implementation of this Agreement, <br />