2004-11-09_REVISION - M2000016 (2)

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PARTIAL ASSIGNMENT AND CONSENT AGREEMENT This Partial Assignment and Consent Agreement is made and entered into this ~ day of November, 2000 by and among D & S Mining, Inc., a Colorado corporation, whose address is 4025 Weld County Road 23, Fart Lupton, Colorado 80621 ("D & S") and the City of Thornton, a Colorado municipal corporation, whose address is 9500 Civic Center Drive, Thomton, Colorado 80229 ("Thornton"). RECITALS A. WHEREAS, D & S entered into that certain Lease Agreement dated August I5, 1996 with Richazdson Contracting, Inc. for the right to mine gravel on approximately 200 acres in tpeld County, Colorado ("Mining Lese"). B. WHEREAS, that Mining Lease, among other things, was assigned on Apri120, 1998 to Mobile PreMix Concrete, Inc. for the right to mine the subject property. C. WHEREAS, on or about Apri120, 1998 the City of Thornton initiated a condemnation proceeding in Weld County District Court (Case No. 98-CV-449) which sought to acquire the approximate 168-acre pazcel in the Southeast Quazter of Section 12, Township 1 North, Range 67 West as a water storage facility after the gravel mining had been completed and subject to the Mining Lease of August 15, 1996. D. WHEREAS, D 8c S and Thornton entered into a settlement of that litigation which included a Purchase Agreement of August 28, 2000. That Purchase Agreement was closed on November 28, 2000 and D & S conveyed the approximate 168-acre parcel to Thornton. E. WHEREAS, as part of the settlement, the said litigation and in accordance with the Purchase Agreement, Thornton is to take title to the approximate 168-acre pazcel, among other things, subject to the Mining Lease as amended and assigned to Mobile PreMix Concrete, Inc. F. WHEREAS, D & S is entitled to receive all rentals and royalty payments (including the obligation to return or refund any such rentals or royalty payments), but Thornton desires to assume all other rights or obligations of the Mining Lease for the 168 acres it has acquired. G. WHEREAS, this partial assignment does not relate to or affect the approximate 40-acre parcel in the Northeast Quarter of the Northwest Quarter of Section 12, Township 1 North, Range 67 West where an existing sand and gravel pit is located.