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EXHIBIT D <br />WATER LEASE <br />This Water lease Is made and entered Into thls�5 day ofC' , 20(i6by and <br />between THE CITY OF THORNTON, a Colorado municipal corporation, ("Thorntor> ), as Lessor <br />and AGGREGATE INDUSTRIES -WEST CENTRAL REGION, INC., ah Indiana Corporation, <br />whose address Is 1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 (" Lessee"), <br />WHEREAS, Thocnlon owns fully consumable water In Its municlpai water system, which <br />water, may be delivered to the South Platte River, and <br />WHEREAS, Thornton deslres to tease to Lessee and Lessee desire to lease from <br />Thornton a portion of Thornlon's fully consumable water; and <br />WHEREAS, As considera!lon for this Water Lease, Lessee is simultaneously selling and <br />transferring 3.0 shares In the Colorado Agriculture] Ullch Company (Certificate number LOPQJ to <br />Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights dated <br />Aiq u FSC t Z_ 200, <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />OP THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT <br />AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES <br />AGREE AS FOLLOWS: <br />1. Term. This Water Lease ehail be a permanent lease, sub)ect to terrnlnatlan only In <br />the event that Lessea, Its heirs or assigns notify Thornton In writing that It no longer has any use <br />for, and no'longer desire to use tho fully consumable water. <br />2, Consideration. As consideration for this Water Lease, Lossee Is simultaneously <br />selling and transferring 3.0 shares In the Colorado Agrloultural Ditch Company (Cedilloate number <br />opo) to Thornton pursuant to the Agreement for the purchase, Sale and Lease of Water Rlghts <br />dated i 200r -As consideration for the 3.0 Colorado Agricultural Shares, <br />Thornton agrees to permanently lease and provide for Lessee's use the, (oliowing amount of <br />fully consumable water delivered by Thornton to the South Platte River from any fully <br />consumable water rights owned by Thornton. The rate, period and tocallon of water delivery are <br />set forth below. <br />aj <br />Delivery Period Rate.. Thornton shall deliver fully consumable water at a rate of <br />0.035 o.f,s.lday November 1 through March 31. <br />b) Location. Thornton agrees to deliver the fully consumable water to the South Platte <br />River In the reach from the outfall of the Metropolitan Wastewater Reclamation <br />District Central Plant to the confluence of 1319 Dry Creek and the South Platte River, <br />but In any case above the calling right within that reach. <br />Exhibit D - Page 1 <br />