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JUL-30-07 12:31 FROM-TRANSIT MIX CONCRETE CO 719 475-0226 T-184 P.002/004 F-498 <br /> 12/22/2966 15:38 7196325452 ANDERSâť‘N DUDE: t EBEL PAGE UZ/V <br /> AGREEMENT <br /> THIS AGREENMNT is entered into this OVAL day of December,2006,by and <br /> between Continental Materials, Corporation ("CK), a Delaware corporation autltiorized to do <br /> business in Colorado,and the Johnson Family Trust,by Carl Y.and Virginia E.Tucker <br /> Jolson,Trustees, (collectively, "the Johnsons"). <br /> Recitals <br /> A. CM is the owner of certain teal property located adjacent to Bradley Road located in EI <br /> Faso County,Colorado,more particularly described in the attached Exhibit"A and <br /> commonly known as 4180 Bradley Road, Colorado Springs, Colorado("the CM property"). <br /> B The Johnson Family Trust,by' , Carl F. and Virginia E. Tucker <br /> Johnson,Trustees, is also the owner of certain real property located adjacent to Bradley Road <br /> located in.El Paso County, Colorado,more particularly described in the attached Exhibit"B", <br /> and commonly Down as 4070 Bradley Road,Colorado Springs, Colorado (the"Johnson <br /> property"). <br /> C. CM and the Johnsons wish to exchange certain parcels of property as described herein, on <br /> the terms and conditions contained heteiu. <br /> WHEREFORE,CM and the Johnsons,for the consideration recited herein,the sufficiency of <br /> which is agreed upon by the parties,agree as follows: <br /> Terms and Conditions <br /> 1. Conveyance of Land. CM shall convey to the Johnsons,by general warranty deed, <br /> approximately 324 feet deep by 797.feet frontage on the line straight across to the church <br /> property on the east, approximately 5.9 acres; subject to survey,and the Johnsous shall convey, <br /> by general warranty deed,the rear portion of 4070 Bradley Road of approximately 300 feet <br /> deep by 525 feet wide(behind the trees in order to leave the house,barn,o;ffAce and shop <br /> intact) approximately 3.6 acres;subject to survey to CM. <br /> 2. Cost obli ag tions, <br /> a. CM shall be responsible for customary closing costs involved in the conveyances, all <br /> surveying costs related to the legal deso6pti,ons of the parcels to be exchanged and conveyed <br /> and all wining permitting costs related to its intended misting operations on the parcels it is to <br /> receive from All-State. In addition,CM shall attempt to have El Paso County change the <br /> present zoning on the CM Property to be conveyed to tlxe Johnsom and the property retained <br /> by thm Jobnsom from its currQnt agricultural use designation to such zoning classifications as <br /> will be acceptable to the Johnsons. CM will also use its best efforts at its reasonable expense <br /> to obtain approval from El Paso County and the Colorado Division of Reclamation,Mining <br /> and Safety,and whatever otter agencies which may be required to graut permission,to allow <br /> the Johnsons,or All-State Horse Express,their affiliate--and only the Johnsons or.tall-State <br /> l <br />