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JUL-30-07 12:31 FROM-TRANSIT MIX CONCRETE CO 719 475-0226 T-164 P.003/004 F-498 <br /> 12/22/20UG IS:38 71SG325452 ANllLNSUN ,VUVE LLLfLL r'FAUM UQ1 u' <br /> Express --to utilize a comarete pad located within a 50-foot setback from the CM Property line <br /> for vehicle maintenance,but it cannot guarantee that it will be saccessftzl and the parties <br /> understaud and agree that this property exchange shall not be contingent upon obtaining said <br /> rezoning request or request for Ali-State to parr vehicles in said setback area. The parties will <br /> cooperate with each other to accomplish the foregoing. <br /> b. CM shall also pay$22,000 at elosiug to the Johnsons to accon unodate the Johnsons' <br /> relocation mevement of whatever materini5 they want to move off of <br /> the Johnson property to the CM property, CM shall also provide, at its <br /> sole expense,materials adequate to prepare the ground surrounding the area for the new stall <br /> placement or elsewhere on the CM property at the destination and time requested by the <br /> Johnsons. The quantity of material will not exceed 525 tons, The;type of material will be <br /> deternxtiued by both parties. All other costs associated with the removal of said stalls shall be <br /> the sole responsibility of the Johnsons. Removal of said stalls sbal.l be accomplished no Later <br /> than 180 days following closing. <br /> c. Each party shall provide,at its sole expense,title.insumuce for the properties they are <br /> cornveyiug, at values to be agreed upon by the parties. <br /> d. In the event CM obtains approval to permit the Johnson or All-State Horse Express to <br /> use the 50-foot setback as described herein,the Johnsons or All-State Norse Express$ball be <br /> respowible for maintenance of said setback area. Such approval Wi,all be evidenced by <br /> casement or other legal instrument satisfactory to both parties. <br /> 3. Contingencies to Conveyance, <br /> a- Conveyance and payment of costs as described in provisiotas I and 2 above= <br /> expressly contingent upon.Continental Materials, or one of Its subsidiary corporations, <br /> applying for, and receiving,permission from El Paso County to mine the Johnsen prvpWy. <br /> The Johnson agree not to oppose said application or any future mining applications CM naay <br /> make with respect to its cw-mt or future mining operations in the 46nity of Bradley Road so <br /> long as such operations will not materially impair the property owned by the Johnson or its <br /> intended use by them. <br /> b. Conveyance and payment of costs as described in provisions l and 2 above are <br /> expressly contingent upon CM,acting for the Jolmsons,obtaining whatever approvals are <br /> necessary for the,subdivision and acceptable zoning classification of the parcels to be couveyed <br /> by the parties,which application(s)shall be promptly made by CM on behalf of the Johnson, <br /> any application fees or other costs to be paid by CM. The Johnsons will confer with CM and <br /> its representatives and timely cooperate in establishing the appropriato zoning so requested- <br /> c. Conveyance as described in provisions 1 and 2 above arcs subject to satisfactory <br /> amendment to current deed of trust on the property owned by John-mas to release the property <br /> the Johnsons iuteud to eornvcy to CM from the lien thereon. ft thermore,the parties agrco to <br /> cooperate upon request of tb5 othu to qualify the transactions contemplated here-in for Internal <br /> 2 <br />