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8 The Parties agree to enter into a covenant not to disturb the surface of any portion <br />of the Property for mineral development, to the extent of the Parties' ownership of the minerals <br />9 The Property will be designated as open space by Louisville and Lafayette Each <br />city will make this designation shortly after closmg, and once done, neither city shall change the <br />property to non -open space uses (i e , those uses not penmtted under the Reciprocal CEs or under <br />Boulder County open space regulations) without a vote of their respective citizens and the <br />approval of Boulder County <br />10 The Parties agree to split the cost of the fencing required by Seller, proportionally <br />according to their ownership interests The County will arrange for the work to be completed <br />11 The Parties agree to keep praine dogs under control to the extent reasonably <br />possible with the use of best management practices for prairie dogs <br />12 The Parties shall not assign their respective rights and obligations hereunder <br />unless the non -assigning parties first consent in writing, which consent shall not be unreasonably <br />withheld <br />13 All financial obligations of the Parties under this Agreement shall be from year to <br />year only, subject to annual appropriation of the governing bodies of the Parties, and nothing <br />herein is intended or shall be construed to create any multiple -fiscal year direct or indirect debt <br />or fiscal obligation whatsoever <br />14 The validity and effect of this Agreement shall be determined in accordance with <br />the laws of the State of Colorado <br />15 This Agreement may be executed m any number of counterparts, each of which <br />shall be deemed an onginal, and all of which shall constitute one and the same agreement. <br />Facsimile and electronic signatures shall be acceptable to and binding upon all Parties <br />Mayhoffer 3 IGA <br />[Remainder of page intentionally left blank] <br />3 <br />