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Feb-23-05 10:45A Lake Durango Water CO, Inc 1 970 247 3666 P.02 <br />IJNITED STA'1'l?S BANKRUPTCY COURT <br />ROR TEI); DISTRICT OP COLORADO <br />1N RL: ) <br />Wtslsidc Grrocl, LLC, } CASE NO- O4-2{)834 SBB <br />a Colorado Limited Liability (:orpor•ation, ) Chapter I 1 <br />Dcbhtr ) <br />DF.RTOR'S MOTION'1'O DISMISS CHAPTEK I1 PROCEEDINGS <br />The Debtor, Westside Gravel, LLC, by and through its uttomeys, Appel & Lucas, P,C, <br />Itereby moves the Court to dismiss the captioned Chapter l l case. In suplxirt of its Motion, the <br />Debtor status as fitllows: <br />Tho Uebtor tiled for relict' under Chapter t I of the Bankruptcy Code on May l9, <br />2004- l'hc Debtor remains aUcbtnr-in-Possession. <br />At the lime of the tiling of the Petition, Fhe principal asset of the Debtor was a <br />latschold interest in a gravel pit locat~xl in La Plata County, Cnlor;tdo. 'the <br />Debtor's leasehold interest was evidenced by a Sand and Grnvcl Lease Agreement <br />betwcat Durmgo ['TR Propct'tics, LLC and tltc Ucbwr, dated August 8, 2002, as <br />amended, by the Amendntcnt to Memorandutu of Sand aad Grovel Least:, dated <br />July ! I, 2003, and further amended by the First Addendum to tiand and Ciravcl <br />Lcasc icolkctivcty the "Lease")- <br />On July 9, 2004 Durango PTR Glcd its Motion for Rclicf from Stay, pursuant to <br />which Durango P'fEt sougltl relief to tennittalc the Lcasc. <br />On August 7I, 2004, the Dehtor entered into a Stipulation Regarding Application <br />for an Order Authorizing Assumption of Rcal Property Lcasc and Motion for <br />Rcliol' from Stay filed by Durango 1''fR Propertias, LLC- Under the Stipulation the <br />Debtor agreed that the Ucbtnr would uttentpt to assiLnt the Lcasc to a third party. <br />'1'hc Stipulation turttter provided that if the Debtor failed to du so, the Creditor <br />would be granted Rclicf from Stay and the Lcasc would be tcnninatcd. 'I'hc <br />Dcbtur subsequently failed to assign the Lcasc to a Ihird party. <br />5. On November 1, 2t)n4, dtc Lour[ granted Creditor Durango PTR Rclicf from <br />Automatic Stay and tcnninatcd the Sand and Gravel Lcasc in accordance with the <br />agrCCd relief sought in paragraphs 4 and 5 of the Stipulation. <br />