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D consisting of Areas D-Phase 1 and D-Phase 2. The Existing Lease has terminated with respect <br />to Area A. The mining plan called for mining Area D in aneast-to-west movement; Area D- <br />Phase 1 was to be completely mined by Apri130, 2000. <br />D. The Lessor created a Master Plan regazding recreational expansion in the <br />Fairgrounds around the leased premises, and of which the leased premises are a part. Lessor <br />desires that final grades and contouring of the leased premises, upon completing reclamation <br />required by the Existing Lease (as hereby amended), conform to the Master Plan. Among other <br />changes, this requires a modification of the boundaries of Area D. <br />E. Lessee wants to change the mining plan with respect to Area D to conform to the <br />Fairgrounds Master Plan as Lessor desires, restore its right to mine Area D, and extend the period <br />of the Existing Lease. <br />TERMS AND CONDITIONS <br />THEREFORE, in consideration of the mutual promises set forth herein and in the Lease, <br />the parties agree: . <br />1. Hereafter, "Lease" means and refers to the Existing Lease as amended by the <br />Fourth Amendment. <br />2. Paragraph 1 of the Existing Lease is hereby amended to delete the property <br />designated therein as "Area D-Phase 1" and as "Area D-Phase 2" and to replace that with Area D <br />as more specifically described on and depicted in the site plan and legal description attached <br />hereto and incorporated herein by reference as Exhibit 1. Notwithstanding the foregoing, the lease <br />of Area D is contingent upon Lessee first obtaining, and delivering to Lessor, a true copy of a <br />county special use permit for mining gravel thereon and a Mined Land Reclamation Boazd permit <br />therefor. By entering into this Lease, Lessor acts only in its proprietary capacity and makes no <br />representation that a special use permit will be granted. <br />3. Subpazagraphs (A) through (G) of Paragraph 2 of the Third Amendment is deleted <br />insofaz as it refers to Area D. It is replaced with the following relative to Area D only: <br />(A) Lessee shall excavate the gravel from Area D, and expressly acknowledges <br />that a material part of the consideration for this Agreement is the completion, within the <br />time period expressly provided herein, of the mining and reclamation of Area D to create a <br />parcel with the elevations and contours specified more particulazly in the reclamation <br />plans for Area D described below. <br />(B) Lessee may excavate and conduct associated operations only during the <br />calendar period beginning the date this Amendment has been fully executed by both <br />2 <br />G:\BOBWIP\TEMPHGLD\CONTRACI\Westem Mobile Fourth Amendment.wpd <br />