|
65!67/_'G66 6E: C1C• 97G^_^_1 0167^_ SD19E I~~HOLS::LE ru~¢ uli u.
<br />NOKfIIDRN COLA-KAI-<l WATEK CONSEILT'AlvC'I' DI6TRICT'
<br />eiSSIGNMI:N'i'OFEICIpR}; l' LER.SE
<br />Tl1[S .ASSIGNMENT OF QUARRI' LlrA5E, signet] ct7ectivr. Junuary 2U, 2D(IG, is made
<br />by Stone Wltolestile, Ltc., a Colorado corporation, us Assi~mcn~ and ~31adc, LLC, a Colorsulo
<br />limited liability azmpnnY, a4 Assignee.
<br />1. Name of Lease. Stone Wholesale, Inc., (`Lessee"}, leases the mal pmperny
<br />described herein from Northern Colorado DNaier Conservancy DivtricV, a gtuisi-mtmicipal entity
<br />and political subdivision of the State of Colorado, ("Lessor'") under a ~htaray Lease dated
<br />September 10, 2004 (the "Lease"}. The zeal property is legally deacri}~eda; follows:
<br />ACRES 5USDMSION 5EC.T9JJ>F'.RGE
<br />15 W'/~NE'LS1E'/~ 1-STI-'70W
<br />2. Assit~ment. Effective as of 7anuary 20, 20UC~ ("Effective Date"), Assignor
<br />hereby assigns, sells, transfers and s: tts over (collectively, the "Aasigrmrent) to Assignee all of
<br />Assignor's right, tifle, benefit, privileges and interest in and [o, and. all of Assignor's hardens,
<br />obligations and liabilities in eormeccion with the Lease.
<br />Assignee hereby accepts the Assignment and assames and agues to observe r,nd pvrfotm
<br />all of the duties, obligations, tezms, provisions and covenants, and to pay and discharge all o£ the
<br />liabilities of Assignor w be observed, performed, paid or discharged imm and after the Effective
<br />Date in wnneetion with the Lease. However, notwithstanding auythutg to the contrary contained
<br />herein, the Assignoz sha11 be and remain liable to Lessor for the performance of each and every
<br />warranty and ob1taation of the Lessee under the Lease.
<br />3. Attomev's Fees on Default. In any litigation brought to enforce finis Agzeement,
<br />the prevailing party shall be entitled to 3ndgment againsI the non-prevailing patty for any
<br />reasonable expenses of such litigation, including, but not limited to, court costs; deposition and
<br />other discovery expenses; expert witness fees; witness fees; reasonable attorney's fees; anal, such
<br />other expenses related to the litigation as the court may award.
<br />4. Colorado Law, This Agreement shall be interpreted and enforced in accordance
<br />with the laws of the State of Colorado-
<br />5. Bindine Effect. 'This Agreement shall enure tothe bt,nefit of, and shall bind, the
<br />parties hereto and their heirs, grantees, legal reptesenratives, successcas and a~ approved
<br />assigns. This'Agreement shall be enforced at law or in ccluity, including by suit for specific
<br />performance and/or damages- Facsimile signatures shall be treated as oz iginals and binding an
<br />the parties. This Ageement may be signed in counterparts,
<br />Assignment of lease Striggow.doc
<br />~~ ~4
<br />
|