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RECEPTION#: 721529, 01/27/2012 at 10:05:36 AM, 1 OF 12, R $66.00 Doc Code:LEA <br /> Kay Weinland, Routt County, CO <br /> AMENDED AND RESTATED LEASE AGREEMENT <br /> This Amended and Restated Lease Agreement (the"Amended Lease Agreement") dated <br /> as of December 1, 2011, is between and among Routt County, Colorado ("Lessee"), by and <br /> through its Board of County Commissioners,David J. Funk, Karen H. Hammersmith, as Trustee <br /> of the Karen H. Hammersmith Trust and Douglas W. Hooker (collectively "Current Lessors"), <br /> and CWH Properties,LLC("Purchaser"). <br /> Recitals <br /> A. Lessee and Avis H. Funk and Jane Katherine Hooker entered into a Lease Agreement <br /> dated as of April 1,2004, and recorded in the records of the Routt County Clerk and Recorder at <br /> Reception Number 599655, under which Lessee leased the Premises (as defined in the Lease <br /> Agreement) for the purpose of quarrying, mining, removing, crushing and processing gravel, <br /> sand and rock together with the right to establish an asphalt or concrete batch plant if permitted <br /> in accordance with federal, state and local regulations and with the right to allow a private <br /> contractor to place a temporary asphalt batch plant at the gravel pit for use solely on Routt <br /> County projects. The term of the Lease Agreement ends on March 31,2014, <br /> B. By a Bargain and Sale Deed dated October 24, 2007, and recorded in the records of the <br /> Routt County Clerk and Recorder at Reception Number 666358, Avis H. Funk conveyed her <br /> undivided one-half interest in the Premises to David J.Funk. <br /> C. By a Quitclaim Deed dated February 12, 2008, and recorded in the records of the Routt <br /> County Clerk and Recorder at Reception Number 670656, Avis H. Funk quitclaimed her <br /> undivided one-half interest in the gravel pit located on the Premises to David J. Funk. <br /> D. At the request of David J. Funk, Lessee, Jane Katherine Hooker and David J. Funk <br /> entered into a First Amendment to Lease Agreement(the"First Amendment")dated as of March <br /> 5, 2008 and recorded in the records of the Routt County Clerk and Recorder at Reception <br /> Number 673137. <br /> E, By a General Warranty Deed dated March 30, 2009, and recorded in the records of the <br /> Routt County Clerk and Recorder at Reception Number 685326, Jane Katherine Hooker <br /> conveyed to the Jane K. Hooker Revocable Trust her undivided one-half interest in the gravel pit <br /> located on the Premises. <br /> F. Jane Katherine Hooker died on September 19,2009. <br /> G. By a Trustee's Deed dated May 25, 2010, and recorded in the records of the Routt <br /> County Clerk and Recorder at Reception Number 699534, Douglas W. Hooker and Karen H. <br /> Hammersmith, as Trustees of The Jane K. Hooker Revocable Trust conveyed to The Karen H. <br /> Hammersmith Trust an undivided one-quarter interest in the gravel pit located on the Premises. <br /> H. By a Trustee's Deed dated May 25, 2010, and recorded in the records of the Routt <br /> County Clerk and Recorder at Reception Number 699535, Douglas W. Hooker and Karen H. <br /> Hammersmith, as Trustees of The Jane K. Hooker Revocable Trust conveyed to Douglas W. <br /> Hooker an undivided one-quarter interest in the gravel pit located on the Premises. <br /> 1 <br /> A3�rYK3�' <br />