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ASSIGNMENT OF RIGHTS AND OBLIGATIONS RELATED TO SIGNIFICANT <br /> PERMANENT MAN-MADE STRUCUTURES LOCATED <br /> WITHIN 200' OF AFFECTED LAND <br /> MINED LAND RECLAMATION PERMIT NO.M-1987-049 <br /> THIS ASSIGNMENT of certain instruments identified herein is made this:'�,S ay of f/a,rIz_ <br /> 2020 pertaining to Mined Land Reclamation Permit No. M-1987-049, as amended (the "Permit") is from <br /> READY MIXED CONCRETE COMPANY, LLC, a Colorado limited liability company("Assignor')to <br /> CITY OF BRIGHTON, COLORADO, a home rule municipal corporation ("Assignee"), collectively <br /> referred to herein as Parties. <br /> WHEREAS, the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board <br /> for the Extraction of Construction Materials (2 CCR 407-2) adopted pursuant to Section 34-32.5-101, et <br /> seq., C.R.S. (the"Rttles"), establish the requirements and procedures for operators to apply for and secure a <br /> permit to mine construction aggregate materials in the State of Colorado and to reclaim such lands mined <br /> for the extraction construction aggregate materials; <br /> WHEREAS, Rule 6.4.19 requires applicants for mined reclamation permits per Section 34-32.5- <br /> 112, C.R.S., to identify significant, valuable and permanent man-made structures located within two <br /> hundred(200)feet of areas to be mined,referred to as"affected land7 as defined in Rule 1.1(3); <br /> WHEREAS,Rule 6.4.19(a)and Rule 6.4.19(b)further require applicants to seek either a notarized <br /> agreement between the applicant and the person(s)having an interest in the structure,that the applicant is to <br /> provide compensation for any damage to the structure or where such an agreement cannot be reached, the <br /> applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not <br /> be damaged by activities occurring at the mining operation; <br /> WHEREAS, Assignor sought both notarized agreements as referenced in Rule 6.4.19(a) as <br /> reflected in Exhibit A hereto and further filed and obtained approval from the Colorado Division of <br /> Reclamation, Mining and Safety of an engineering evaluation per Rule 6.4.19(b) as set forth in Exhibit B <br /> which demonstrates that certain of the significant, valuable and permanent man-made structures identified <br /> therein as located within 200 feet of the affected land would not be damaged by mining and reclamation <br /> activities to occur under the Permit; <br /> WHEREAS, Assignor was historically organized as a Colorado corporation, then reorganized in <br /> July 2018 as a Colorado limited liability company, with no effect, pursuant to 7-90-202(2), C.R.S., on <br /> Assignor's rights and obligations associated with Exhibit A and Exhibit B <br /> WHEREAS, the mining and substantially all of the reclamation under the Permit has been <br /> completed and to Assignor's best, current knowledge and belief as of the effective date of this Assignment, <br /> no person or entity referenced in Exhibit A or Exhibit B has made or asserted against Assignor any claim <br /> for damage or harm to any significant, valuable and permanent man-made structure located within 200 feet <br /> of the affected land; and <br /> WHEREAS, to facilitate the transfer to and succession of Assignee to the Permit, and to further <br /> facilitate the release of Assignor from the Permit and the release of the reclamation bond posted by <br /> Assignor to secure the Permit,Assignor is assigning to Assignee whatever interests Assignor has in Exhibit <br /> A and Exhibit B to Assignee; <br />