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3.0 OTHER <br />3.1 Grantees shall not be considered as an owner of the Property for any reason, including <br />with respect to any application for zoning change, annexation to a municipality or other <br />application to change the permitted uses of the Property. The Grantees' rights with . <br />respect to these issues snider, the Conservation Easement shall remain within the <br />exclusive power of Grantor. <br />3.2 In the event of condemnation of or if the Parties agree to sell under the threat of <br />condcnination; all Or a portion of the Property, Grantees shall be entitled to a share of the <br />proceeds of the condemnation aWard or sale price based on the Grantees' contribution <br />toward the purchase:. of the portion of the Property that is the subject of the taking or <br />sale. Grantor and Grantees hereby agree that Grantees' share of the proceeds shall be <br />32.1%. Such proceeds shall be paid to Boulder County and deposited into a Boulder <br />County and Broomfield jointly managed fund and be used solely for the acquisition of <br />additional open space, acquired in fee or by perpetual conservation casement, in the <br />Northwest Parkway IGA area or in the vicinity of the Northwest Parkway IGA area. <br />4.0 MISCELLANEOUS <br />4.1 The terms of this Conservation Easement shall be binding upon Grantor, the Grantees <br />and their respective successors in interest, lessees, and assigns, and shall continue as a <br />servitude running: in perpetuity. with the Property. <br />4.2 This Deed and thei attached exhibits contain the entire agreement between the parties <br />relating to the Conservation Easement on the Property and may be modified only by an <br />instrument in writing executed by all Parties. <br />5.0. COUNTERPARTS <br />5.1 This Conservation Easement may be executed in any number ofcounterparts, each of <br />which shall be deemed an original, and all of which shall constitute one and the same <br />agreement. <br />6.0 SEVERAI3ILITY <br />6.1 Many part .of this Conservation Easement is found decreed or held to be void or <br />unenforceable such findnig, decree or holding shall not affect the other remaining <br />pro' isions of this Agreement which shall remain in full • force and effect. <br />3ofll <br />