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ti <br />ff1pCiEF/Ve© <br />FIFTH EXTENSION TO LEASE AGREEMENT JUL VkkR0 2 201,§, <br />p, Q,F,f6 <br />THIS FIFTH EXTENSIO TO LEASE AGREEMENT (hereinafter "Fifth <br />Extension") is entered into this,2ay of August 2014, by and between the City and County of <br />Broomfield, a Colorado Municipal Corporation and County (hereinafter "Broomfield") and <br />Pioneer Sand Company, Inc., a Colorado Corporation (hereinafter "Pioneer"). Broomfield and <br />Pioneer agree to extend the term of the April 8, 2010 Lease Agreement (the "Lease," copy <br />attached hereto as Exhibit A) as follows: <br />1. Term. This Fifth Extension shall be for a term of one (1) year commencing on <br />September 1, 2015 and terminating on August 31, 2016. The lease may be further extended for <br />up to 20.70 acre-feet of Leased Water per year for further successive one (1) year periods upon <br />written agreement of the parties executed at least 12 months prior to the last day of the Term. <br />2. Other Lease Terms Unchanged. Except as expressly set forth above, all terms and <br />conditions of the April 8, 2010 Lease Agreement shall remain unchanged, and the terms of said <br />Lease Agreement are hereby incorporated into this Fourth Extension. <br />IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed <br />the day and year first above written. <br />O F 9 <br />rGCi <br />AL rn <br />ATTEST: • � <br />ity County Clerk, <br />CITY AND COUNTY OF BROOMFIELD, <br />a Colorado Municipal Corporatio and County, <br />By: <br />Charles Ozaki, Ci&d County Manager <br />APPR V S TO FO <br />William A. Tuthill, City and County Attorney <br />PIONEER SAND COMPANY, INC., <br />a Colorado Corporation <br />By: <br />Joe aig, esident <br />