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t . <br /> CONTRACT FOR SALE OF REAL ESTATE <br /> (Castle Concrete Buffer Property, E1 Paso County, CO) <br /> Seller understands that Seller should not rely on any information(written or oral)received from Purchaser <br /> as to tax and legal matters associated with this transaction. Purchaser strongly advises that Seller <br /> consult with competent, independent professional tax and legal advisors of Seller's own choosing <br /> regarding this transaction. <br /> THIS CONTRACT FOR SALE OF REAL ESTATE (the "Agreement") is entered <br /> into this 15th day of April, 2020 (the "Effective Date"), by and between CASTLE <br /> CONCRETE COMPANY, a Colorado corporation whose address is 7250 Allegheny <br /> Drive, Colorado Springs, CO 80919 ("Seller") and THE CONSERVATION FUND, a <br /> Maryland non-profit corporation whose address is 1655 N. Fort Myer Drive, Suite 1300, <br /> Arlington, Virginia 22209 ("Purchaser"). Seller and the Purchaser are collectively referred to <br /> herein as the "Parties" and individually as a "Party". The following exhibits are attached to <br /> this Agreement and are incorporated herein by this reference: <br /> Exhibit A - Legal Description of Property <br /> Exhibit B - Map of Property <br /> Exhibit C - Form of Special Warranty Deed <br /> Exhibit D - Affidavit of Non-Foreign Status <br /> RECITALS <br /> A. Seller is the owner of approximately 148.02 acres of real property located in E1 <br /> Paso County, Colorado, which real property is legally described in the attached Exhibit A and <br /> depicted in the attached Exhibit B (the "Land"); <br /> B. Seller wishes to sell the Property(as defined below)to Purchaser, and <br /> Purchaser wishes to purchase the Property from Seller, all on the terms and conditions <br /> described herein; <br /> C. Purchaser has advised Seller that it intends, following the Closing(as defined <br /> herein) and without being obligated to do so,to convey the Property to the City of Colorado <br /> Springs(the "City"), all so that the City might manage the Property for the purpose of <br /> protecting wildlife habitat, preserving open space and providing recreational opportunities to <br /> the public; and <br /> D. Seller and Purchaser are now entering into this Agreement in furtherance of the <br /> foregoing. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration for the mutual promises and covenants set <br /> forth herein, and for other good and valuable consideration, the receipt and sufficiency of <br /> which is hereby acknowledged, the Parties hereto agree as follows: <br /> 1. SALE OF PROPERTY. Seller agrees to sell and convey to Purchaser, and <br /> Purchaser agrees to purchase and acquire from Seller, on the terms and conditions set forth in <br /> this Agreement, the Land, together with all of the following to the extent owned by Seller: (i) <br /> any and all buildings, improvements, personalty and fixtures situated thereon, (ii) any and all <br /> crops and timber growing thereon, (iii) any and all surface or subsurface sand, gravel, oil, gas, <br /> mineral geothermal, or mineral rights and any stockpiled sand, gravel or minerals, (iv) any and <br /> all appurtenant or associated water rights, including any and all well, spring, reservoir, storage, <br /> Castle Concrete/Contract 2a 1 <br /> \\CS-760837/000001-380966 v6 <br />