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1.2 To enter upon the Property to inspect and enforce the <br />rights herein granted upon prior notice to Grantor, Grantor's <br />successors and assigns, in a manner that will not unreasonably <br />interfere with the proper uses being made of the Property at the <br />time of such entry. <br /> <br /> 1.3 To be considered an owner of an interest in the <br />Property, and therefore a co-applicant, for the purpose of any <br />application for zoning change, variance to or exemption from the <br />land use regulations of the controlling jurisdiction, right-of- <br />way vacation, building permit, grading permit or other permit <br />pertaining to a use of the Property which is regulated by a <br />governmental authority and not otherwise provided for in the <br />Easement. The Grantee's status as owner of an interest in the <br />Property shall be limited to the right to sign or refuse to sign <br />the aforementioned applications and shall carry no further <br />obligation, financial or otherwise. <br /> <br /> 1.4 To review and approve or deny applications from the <br />Grantor for uses neither expressly granted nor specifically <br />prohibited by the Easement described herein but which may be <br />conducted in a manner consistent with preservation of the natural <br />condition and aesthetic and ecological features of the Property <br />for scenic, open space, agricultural, passive recreational and <br />environmental uses. Approval, if granted, shall be by resolution <br />of the City Council of the City of Louisville [Board of County <br />Commissioners of Boulder County]. <br /> <br /> 1.5 The first right to purchase the Property or any portion <br />thereof, along with any or all of the mineral rights described in <br />Exhibit A, in the following manner: In the event the Grantor <br />desires to sell such Property or any portion thereof and receives <br />a bona fide offer for such sale, the parcel or any portion <br />thereof, or any of the mineral rights, shall be offered to the <br />Grantee who shall have a first right to purchase such offered fee <br />interest for the same terms and conditions as the bona fide offer <br />or for an amount and terms equally acceptable to the Grantor. <br />Written notice of such bona fide offer shall be given to the <br />Grantee who shall have forty-five (45) days from the date of <br />receipt of the written notice to accept such offer, and if not <br />accepted, the sale may be made to such third party purchaser. <br /> <br /> Pursuant to Colorado Revised Statute Section 15-11- <br />1102(1) (a) and (b), if the right of first refusal conveyed to the <br />Grantee under this Easement does not vest within 90 years after <br />the date of execution of this Easement by both parties, said <br />interest shall automatically be severed from the remainder of the <br />interests conveyed herein and shall automatically terminate. <br /> <br />Bowes Exchange Agreement <br /> <br /> <br />