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<br />1 <br />Clerk and Recorder: Please index in the real property records with Jane Katherine Hooker and <br />David J. Funk as Grantors and Routt County, Colorado as Grantee. <br />FIRST AMENDMENT TO <br />LEASE AGREEMENT <br />THIS FIlZST AMENDMENT TO LEASE AGREEMENT (the "Amendment") dated as of <br />March 5, 2008, is between Routt County, Colorado by and through the Board of County <br />Commissioners (hereinafter "Lessee"), and ,Jane Katherine Hooker and David J. Funk <br />(hereinafter "Lessors"). <br />RECITALS: <br />A. Lessee and Avis H. Funk and Jane Katherine Hooker are parties to a Lease <br />Agreement, dated as of April 1, 2004, under which Lessee leased the Premises for the sole <br />purpose of quarrying, mining, removing, crushing and processing gravel, sand and rock; and the <br />right to establish an asphalt or concrete batch plant if permitted in accordance with federal, state <br />and local regulations; and to allow a private contractor to place a temporary asphalt batch plant at <br />the gravel pit for use solely on Routt County projects. <br />B. By Bargain and Sale Deed dated October 24, 2007, 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 Quitclaim Deed dated February 12, 2008, 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. David J. Funk has requested that the Lease Agreement be amended to reflect the <br />change in ownership of the Premises and the gravel pit. <br />E. Lessee and Lessors wish by this Amendment to set forth the terms and conditions <br />under which the Lease Agreement will be amended. <br />TERMS AND CONDITIONS: <br />1. The Lease Agreement is hereby amended to reflect the change in ownership of the <br />Premises and the gravel pit from Avis H. Funk to David J. Funk and that Jane Katherine Hooker <br />and David J. Funk are hereinafter the Lessors. <br />/ I <br />/ A <br />/ APPROVED AS TO FORM <br />ROUTT ATTORNE~f' <br />Date gy. <br />1 <br />