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PROPERTY USE AGREEMENT EXTENSION This is an extension of the Property Use Agreement between the City of San Marcos (City) and Texas State University-San Marcos (Texas State). The original Property Use Agreement is dated September 1, 2006 and ended August 31, 2009. This extension is dated September 1, 2009 and will continue through August 31, 2012. 1. Extension Specified 1.01 Section 2.02 of the original Property Use Agreement allows the parties, by written agreement, to extend the term of the agreement for such additional time as they determine is appropriate. 1.02 The parties agree to amend section 2.01 of the Agreement to read as follows: 2.01 Texas State agrees to allow the City the exclusive use of the portion of the Fire Station Studio Parking Lot described in Exhibit B and the City agrees to allow Texas State the exclusive use of the Charles Austin Drive Property during Texas State class days, during Texas State Events, for a period of three years, beginning September 1, 2009 and ending August 31, 2012. For this purpose, "during Texas State class days" means from 7:00 am to 5:00 pm on any day that Texas State classes are scheduled, and "during Texas State Events" means during hours determined by Texas State on a day on which a scheduled athletic activity is conducted at Texas State's softball or baseball field adjoining Charles Austin Drive. The general public may use the Charles Austin Drive property at all times (other than during Texas State's class days, and during Texas State Events), for vehicle parking while using the adjoining City property for recreational purposes. 2. Agreement Ratified 2.01 The parties ratify and confirm all other portions of the Agreement that are not affected by this extension. Dated: September 1, 2009. Texas State University-San Marcos William A. Nance Vice President, Finance and Support Services City of San Marcos r By: l 1 -1 Authorized Officer Extension to Property Use Agreement: 99012