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Fourth AMENDMENT TO <br />SAND AND GRAVEL MINING LEASE <br />This Fourth Amendment to Sand and Gravel Mining Lease (sometimes herein "Fourth <br />Amendment") is entered into this zG`~dayof_, 2001, effective as ofthe same date, <br />by and between Eagle County, Colorado, a body corporate and politic ("Lessor"), through its <br />Boazd of County Commissioners, and Western Mobile Northern, Inc., a corporation ("Lessee"). <br />RECTTALS <br />A. The history of this lease is the following: <br />(1) Lease from Loren G. Chambers to Flatiron Paving Company, dated December 29, <br />1980; <br />(2) Assignment and Asstunption of Leasehold between Flatiron Paving Company (as <br />assignor), Mobile Premix Company (predecessor of Lessee, as assignee), and Loren G. <br />Chambers (as owner), dated November 30, 1984; <br />(3) Modification to Sand and Gravel Mining Lease between Loren G. Chambers (as <br />Lessor) and Mobile Premix Company (predecessor of Lessee, as Lessee), dated December <br />8, 1986, and recorded in the official records of the Clerk & Recorder at Book 454 Page <br />514; <br />(4) Assignment of Lease between Eagle County (as assignee), Mobile Prernix Company <br />(predecessor of Lessee, as Lessee) and Loren G. Chambers (as assignor), dated December <br />8, 1986, and recorded in the official records of the Clerk & Recorder of Eagle County at <br />Book 456 Page 596; <br />(5) Second Amendment to Sand and Gravel Lease, entered into July 21, 1997, with <br />Western Mobile Pre-Mix Company (predecessor of Lessee, as Lessee) effective April 1, <br />1997; <br />(6) Third Amendment of Sand and Gravel Lease, entered into October 2, 1998 between <br />Lessor and Western Mobile Norther, Inc (hereafter, "Third Amendment"). <br />The foregoing is referred to, together, as the "Existing Lease." <br />B. Areas described herein and in the Existing Lease on which Lessor is permitting <br />mining and processing are permitted for those activities by the Colorado Mined Land Reclamation <br />Boazd. <br />C. In the Third Amendment, the Parties expanded the area of the Lease for the purpose <br />of expanding the gravel resource available for mining, and extended the Lease to allow time to <br />mine the expansion area. The "Expansion Areas" described therein included Areas A and D, Area <br />1 <br />G:\BOBWIP\TEMPHOLDICONTRAC'f~Westem Mobile Fourth Amendmrnt.wpd <br />