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1. Boulder agrees to permit Louisville, including its employees, officers, agents, and <br />other authorized parties, the right to access and occupy the portion of the Boulder <br />Property that contains the Trail for the uses and purposes set forth herein. <br />2. Trail Access, Use and Maintenance. <br />a. Louisville may operate, maintain, and repair the Trail on the Boulder Property, <br />including approximately 2'-wide shoulders, as shown on Exhibit B for public <br />hiking, dog walking, biking and other allowed uses. The Trail shall be a <br />compacted crusher -fines trail and shall not be constructed of concrete or asphalt <br />unless approved in advance by Boulder. <br />b. Louisville shall have full responsibility for all maintenance of the Trail <br />including the trail surface and mowing of the trail shoulder. Louisville may, <br />but is not required, to provide snow removal on the Trail. <br />c. Louisville may install informational and directional signage for the Trail on the <br />Boulder Property. The informational and directional signage shall include a <br />notice intended to reduce natural resource impacts by encouraging the public to <br />use and stay on the Trail. <br />d. Louisville is not permitted to install trail amenities associated with the Trail <br />such as bike racks and trash cans on the Boulder Property unless approved in <br />advance by Boulder. <br />e. Louisville shall not reconstruct or expand the Trail without advance written <br />approval from Boulder. <br />f. Jurisdiction and Law Enforcement. Nothing in this Agreement is deemed to <br />alter the jurisdiction or ownership of the Boulder Property, nor the normal <br />emergency response or protocol for law enforcement, firefighting, emergency <br />rescue or any similar assistance by law enforcement (including federal, state <br />and local) and fire prevention agencies on the Boulder Property. <br />3. Land and Trail Management <br />a. There currently exists a fence along the western property boundary of the <br />Property that OSMP intends to remove at some point in the future. Removal <br />of the western boundary fence of the Property will be coordinated with the <br />installation of a new property boundary fence along the eastern property <br />boundary of the Property (common property boundary with the Davidson <br />Mesa Open Space) with cost -sharing of construction and maintenance <br />consistent with state statute or as otherwise agreed to by the Parties. For <br />budgeting purposes, Boulder agrees to notify Louisville at least one year <br />before it intends to install the new fence. OSMP agrees the new fence will <br />be located to accommodate a 2 '-wide or less maintenance shoulder for the <br />Trail as needed. <br />b. OSMP agrees to allow Louisville, including its employees, officers, agents, <br />and other authorized parties, the right to access the Boulder Property to <br />attach, repair, and maintain a prairie dog barrier to the western side of the <br />fence along the common property boundary to mitigate the natural <br />movement of prairie dogs into the Davidson Mesa Open Space from the <br />Property. The method of attachment to the fence and style of the prairie <br />Page 2 of 6 <br />