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AGREEMENT FO THE1�RQUASE. j6LE AND LEASE OF <br />CATER RIGHTS <br />THIS AGREEMENT, Incl uding the Exhibits attached hereto, ("Agreement") is made and <br />entered Into this _2n day of N&n u 2005 by and between AGGREGATE <br />INDUSTRIES -- WEST CENTRAL REGINC. ( "Seller"), whose address is attention.: <br />Michael Refer, Vice President of Administration, 1707 Cole Boulevard, Suite 100, Golden, <br />Colorado 80401, and THE CITY OF THORNTON ("Thornton "), whose address is 9500 Civic <br />Center Drive, Thornton, Colorado 80228, acting by and through Its City Council (Seller and <br />Thornton sometimes collectively referred to as the "Parties "). <br />W ITNESSETH: <br />;,:'i ;E°EAS, .119, represents that It's affiliate, GAMMAS Colorado Inc is the owner of 3.0 <br />shares (Certificate number 970) of thelcapital stook of the Colorado Agricultural Ditch Company <br />(hereinafter referred to as the "Colorado Ag Shares "), being a mutual ditch company organized <br />and existing under the laws of Colorado ( "the Company"); and further represents that the Seller <br />Is In the process of obtaining approval from the Colorado Agricultural Ditch Company to change <br />the ownership to Aggregate Industries, and <br />WHEREAS,. Seller represents that It has knowledge of the historic use of the Colorado <br />'Ag Shares for irrigation purposes both on -the lands (the "Lands ") and .for uses as described in <br />the Statement of Historical Uses of Water Rights, Exhibit A, attached `hereto and Incorporated <br />herein; and <br />WHEREAS, Seller desires to sell to Thornton and Thornton desires to purchase from <br />Seller, the Colorado Ag Shares, and all the beneficial ownership rights associated therewith; <br />and <br />WHEREAS, Thornton owns fully consumable water in its municipal water system, which <br />water may be delivered to the South Platte River; and <br />WHEREAS, Thornton desires to lease to Seller and Seller desires to lease from <br />Thornton a portion of Thornton's fully consumable water, <br />NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants <br />and agreements herein contained, and other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the Parties agree as follows: <br />1. Sgil god Pur,, chase Seller agrees to sell to Thornton and Thornton agrees to <br />purchase from Seller, upon the terms and conditions hereinafter set forth: <br />a. Sh.S aces All of Seller's right, title and Interest In the Colorado Ag Shares, <br />Including Seller's right to request or receive water delivered under the <br />Colorado Ag Shares for any and all uses. <br />b. Beneficial Ownership All of Seller's beneficial right, title and Interest in all <br />water, water rights, ditches, ditch rights, reservoirs, reservoir rights, canals, <br />canal rights, headgates and all other assets, rights, title or Interests <br />represented by the Colorado Ag Shares, and, In addition, and In no way <br />Page 1 <br />