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<br />61. <br /> <br />AMENDMENT NUMBER ONE TO LEASE OF AIRPORT <br />PROPERTY/BUILDINGS BETWEEN ROY DILTZ AND <br />THE CITY OF SAN MARCOS <br /> <br />STATE OF TEXAS <br /> <br />§ <br />§ <br />§ <br /> <br />COUNTY OF HAYS <br /> <br />The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and Roy Diltz <br />(the "Lessee"), agree to amend their lease agreement entered into originally on June 15, 1999 (the <br />"Lease"). <br /> <br />RECITALS: <br /> <br />1. When the Lessee began construction of his hangar he discovered an old sewer line. <br />As a result of this discovery, the Lessee was required to adjust his building site. The original lease <br />reflected a 4,200 square foot tract of real property as the leased premises. The area of the revised <br />leased premise is 3,500 square feet. <br /> <br />2, The Lessee has also requested that the name of the Lessee on the Lease be <br />changed to his limited liability company, Bird's Nest HYI, LLC. <br /> <br />AMENDMENT: <br /> <br />In consideration of the mutual covenants contained in this amendment, the Lessor and the <br />Lessee agree to amend the Lease as follows: <br /> <br />1. Lessor and Lessee agree to change the first paragraph of the Lease to read as <br />follows: <br /> <br />This lease agreement ("Lease") is made between the City of San Marcos, <br />Texas, a municipal corporation (the "Lessor") and Bird's Nest HYI, LLC (the <br />"Lessee"). <br /> <br />2. Lessor and Lessee agree to change Section 1.01 of the Lease to read as follows: <br /> <br />1.01. In consideration of the obligation of the Lessee to pay rent and in <br />consideration of the other terms, covenants and conditions of this Lease, the <br />Lessor leases to the Lessees, and the Lessee lease from the Lessor the 3,500 <br />square foot tract of real property (the "Leased Premises") in Caldwell County, <br />Texas, described in Exhibit A attached to and made a part of this Lease for all <br />purposes. <br /> <br />3. Lessor and Lessee agree to change Section 2.02 of the Lease to read as follows: <br /> <br />2.02. The Lessees agree to pay to the Lessor a fixed rental in the sum of <br />$.10 per square foot per year for the entire area of the Leased Premises. The <br />annual amount for the fixed rental shall be paid in equal monthly installments in <br />the amount of $ 29.17, which shall be due and payable on the last day of each <br />month for the succeeding month. The Lessee, at its option, may make <br />advance payments of up to one year's rentals, but there will be no discount for <br />these payments. <br />