2020-09-23_REVISION - M1977211 - Laserfiche WebLink

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� I Recording requested by And when recorded mail to: David W.Isbell,Esq. Hogan Lovells US LLP 2 North Cascade Ave.,Suite 1300 Colorado Springs,CO 80903 ACCESS EASEMENT AND FILL DIRT REMOVAL AGREEMENT THIS ACCESS EASEMENT AND FILL DIRT REMOVAL AGREEMENT ("Agreement") is made this _ day of September, 2020 (the "Effective Date"), by and between THE CONSERVATION FUND, a Maryland non-profit corporation (hereinafter called the "Grantor'), whose address is 1655 N. Fort Myer Drive, Suite 1300,Arlington, Virginia 22209, to and for the benefit of CASTLE CONCRETE COMPANY, a Colorado corporation ("Grantee'), whose address is 7250 Allegheny Drive, Colorado Springs, Colorado 80919, all with respect to the following: WITNESSETH WHEREAS, pursuant to that certain "Contract For Sale Of Real Estate" dated September 11, 2020 and entered into between Grantor, Grantee, and Castle Rebar and Supply Company, a Colorado corporation ("Grantee's Affiliate") (the "Purchase Agreement"), Grantee, together with Grantee's Affiliate, sold and conveyed to Grantor certain real property comprising approximately 151.538 acres and being more particularly described in the Purchase Agreement as the "Land" and commonly referred to between the parties as the "Buffer Property", which Buffer Property is more particularly described in Exhibit A attached hereto; WHEREAS, as disclosed in Section 15 "Access Easement And Fill Dirt Removal Agreement" of the Purchase Agreement, Grantee and the City of Colorado Springs (the "City") concurrently entered into that certain "Agreement For The Donation Of Real Property" dated September 11, 2020 (the "Donation Agreement"), pursuant to which Grantee agreed to donate certain other real property to the City legally described on Exhibit B attached hereto (the "Donation Property"), which Donation Property is located adjacent to the Buffer Property conveyed to Grantor, and which Donation Property Grantee previously operated as a rock, sand and gravel quarry commonly referred to as the"Pikeview OugM'; WHEREAS, Grantor, Grantee and the City each intend for the Buffer Property and the Donation Property to ultimately be owned by the City for its future development of the same as a bike park and an open space recreation area for public use, and in connection therewith, Grantor intends to eventually convey all of the Buffer Property to the City for such purposes, all subject to the City's acceptance of the same pursuant to the terms of the Donation Agreement; cs-7W37/000001-NUM Yio 1 EXHIBIT A