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<br />FIFTH AMENDMENT TO <br />SAND AND GRAVEL MINING LEASE <br />This Fifth Amendment to Sand and Gravel Mining Lease (sometimes herein "Fifth <br />Amendment") is entered into this day of (ti1c.r2c~n , 2006, effective as of the same date, <br />by and between Eagle County, Colorado, a body corporate and politic ("Lessor', through its Board <br />of County Commissioners, and LaFazge West, Inc., a corporation ("Lessee"). <br />RECITALS <br />A. The history of this lease is the following: <br />(1) Lease from Loren G. Chambers to Flatiron Paving Company, dated <br />December 29, 1980; <br />(2) Assignment and Assumption of Leasehold between Flatiron Paving <br />Company (as assignor), Mobile Premix Company (predecessor of Lessee, as <br />assignee), and Loren G. Chambers (as owner), dated November 30, 1984; <br />(3) Modification to Sand and Gravel Mining Lease between Loren G. <br />Chambers (as Lessor) and Mobile Premix Company (predecessor of Lessee, as <br />Lessee}, dated December 8, 1986, and recorded in the official records of the Clerk <br />& Recorder at Book 454 Page 514; <br />.(4) Assignment of Lease between Eagle County (as assignee), Mobile Premix <br />Company (predecessor of Lessee, as Lessee) and Loren G. Chambers (as assignor), <br />dated December 8, 1986, and recorded in the official records of the Clerk Bc <br />Recorder of Eagle County at Book 456 Page 596; <br />(5) Second Amendment to Sand and Gravel Lease, entered into July 21, 1997, <br />with Western Mobile Pre-Mix Company (predecessor of Lessee, as Lessee) <br />effective April 1, 1997; <br />(6) Third Amendment of Sand and Gravel Lease, entered into October 2, 1998 <br />between Lessor and Western Mobile Northern, Inc. (hereafter, "Third <br />Amendment'. <br />(7) Fourth Amendment of Sand and Gravel lease, entered into Mazch 20, 2001 <br />between Lessor and Western Mobile Northern, Inc., a wholly owned subsidiary of <br />LaFazge West, Inc. (hereafter, "Fourth 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 />Board. <br />