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the extent of such necessity. Boulder County and Louisville hereby approve the proposed permanent drainage and temporary construction easements identified in Exhibit B attached to this Agreement. Within 10 business days of receipt by Boulder County and Louisville of final permanent drainage and temporary construction easements, Boulder County and Louisville shall review and determine whether to approve such final easements and approval shall not be unreasonably withheld for any such easement that does not vary from that shown on Exhibit B by more than 50 feet in any direction. While the final design of the roadway is to be determined at a later date, the Parties agree to the following: 2. Section 4.3 of the Agreement is hereby amended to read as follows: 4.3 ALLOCATION OF PARKWAY FINANCING PROCEEDS. The Parties and the Authority agree, and the consents set forth in subsection 4.1.7 are expressly conditioned upon the requirements, that $36 million will be allocated from the initial Parkway financing proceeds as well as other Authority revenues for right- of-way acquisition, design engineering and the construction of South 96th Street pursuant to subsection 4.2.1., of West Midway Boulevard pursuant to subsection 4.2.2. and of a Dillon Road connection across the U.S. 287 corridor pursuant to subsection 4.1.5. and that a minimum of$10 million will be allocated from the initial Parkway financing proceeds for open space and conservation easement acquisition. The Parties and the Authority also agree that the Authority shall pay an additional $10 million for open space from Authority revenues to the Parties on or before December 31, 2008. Said additional $10 million shall be expended by the Parties for acquisitions of permanent open space located within the Plan Area of this Agreement and shall be allocated as follows: Louisville, Broomfield and Boulder County shall each receive $3 million and Lafayette shall receive $1 million. For purposes of this section 4.3, permanent open space may include either conservation easements and/or fee simple ownership. If the said additional $10 million is paid over several years, each payment shall be divided amongst the four Parties pro rata in accordance with the ration of total payments each is entitled to under this section 4.3. Said additional $10 million for open space may be used for the purchase of any City Preservation Area or Rural Preservation Area property for permanent open space and/or reimbursement of expenditures of the Parties for previously acquired permanent open space properties within the Plan Area for which no previous reimbursement pursuant to other provisions of this Agreement has been received. The Parties agree, upon acquisition of each permanent open space property, to forthwith provide an undivided interest in a perpetual conservation easement to each of the other Parties covering the entirety of such property ensuring the perpetual use of the property as open space. An illustrative allocation of the initial Parkway financing proceeds and other Authority revenues is as follows - actual totals may vary depending upon financing and Parkway design: #676746 v5 2