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This Water l . c v {4sF; is r(i d grid (mtsreci Into this .� day of '., `<r%;_f<'= ly` , 2OC; by and <br />between THE CITY OF `I HORN'I'ON, r, Colorado municipal corporation, (''Thornton" ), as i_cussor <br />and AGGREGATE' ATE' INDUSTRIES . - WF, f1 CENTRAL REGION, INC., an Indiana Corporation, <br />t'.'hos - address Is 1707 Cole Boulevard, Sotto i 00, (olden, Colorado, 80401 ("i.- s see ), <br />ERA t consumable Mater In Its municipal wavier sus tern which <br />}Plflii�r�,�_ /',a�, Thornton owns fully c.:ti7:� �(1 � !. <br />e r Cal 7 c e South I'irltto 1.1vsi'; and <br />11�3i.�,Iri..1l)��lcir, t the . <br />WHEREAS, Thornton d eslrc ;s to lease to t-osm.)e aricl I_cssee desire to erase from <br />Inornion poi ilon of i'hornton's fully co ; , turn. able water; and <br />WH ,RI A3, As consideration for this Water Leese, t_osseo is simultaneously selling an <br />transferring 3.0 shares in the Colorado Agricultural Ditch Company (Cie ;iiflcato number j:JC to <br />Thornton pursuant to the Agreement for the Purchase, ;�, ,10 and Loase of Water Rights dated <br />+ r/_t 20( <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />Ol✓ THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT <br />AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES <br />AGREE AS FOLLOWS: <br />1. :form. This Water Loase shall be a permanent lease, sub)eot to termination only in <br />the event that Lessee, its heirs or assigns notify Thornton In writing that it no longer has any use <br />for, and no longer desire to use the fully consumable water. <br />2, Conslderatlon. As consideration for this Water Lease, Lessee Is simultaneously <br />selling and transferring 3.0 shares In the Colorado Agricultural Dltoh Company (Certificate number <br />cc) to Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights <br />dated 1 / 1 -- , 2005 :As consideration for the 3.0 Colorado Agricultural Shares, <br />Thornton agrees to permanently lease and provide for Lessee's use the following amount of <br />fully consumable water delivered by Thornton to the South Platte River froth any fully <br />consumable water rights owned by Thornton. The rate, period and location of water delivery are <br />set forth below. <br />e) pailvary Period and Rafe. Thornton shall deliver fully consumable water at a rate of <br />0.035 o.f,s.iday November 1 through March 31, <br />b) Location, Thornton agrees to deliver the fully consumable water to the South Platte <br />River in the reach from the outfatl of the l tetropolitan Wastewater Reclamation <br />District Central Plant to-the confluence of Big Dry Creek and the South Platte River, <br />but in any case above the calling right within that reach. <br />Exhiblt D - Page 1 <br />