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<br />NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU <br />MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS <br />INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: <br />YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 71. <br /> <br />\JOL 4 41 PAGE <br /> <br />76 <br /> <br />056201. <br /> <br />AMENDMENT NUMBER ONE TO LEASE OF AIRPORT <br />PROPERTY BETWEEN OFFICERS CLUB AV SAN MARCOS #1. LP <br />AND THE CITY OF SAN MARCOS <br /> <br />STATE OF TEXAS <br /> <br />9 <br />9 <br />9 <br /> <br />COUNTY OF HAYS <br /> <br />The City of San Marcos, Texas, a Texas municipal corporation (the "City"), and <br />Officers Club A V San Marcos #1 , LP (the "Lessee"), agree to amend their lease agreement <br />(the "Lease") entered into on April 29, 2005, related to a tract of property at the San <br />Marcos Municipal Airport in Caldwell County, Texas. <br /> <br />The Lessee has requested that the Lease be amended to add an area of property <br />upon which the Lessee would construct a second hangar to expand their aircraft hangar <br />rental business. The City is willing to amend the Lease to permit this under the terms and <br />conditions of this amendment. <br /> <br />In consideration ofthe mutual covenants contained in this amendment, the City and <br />the Lessee agree to amend the Lease as follows: <br /> <br />1. Article 1.01 of the Lease is amended to read as follows: <br /> <br />1.01. In consideration of the obligation of the Lessee to pay rent and in consideration of <br />the other terms, covenants and conditions of this Lease, the City leases to the Lessee, and <br />the Lessee leases from the City the 18,675 square foot tract of real property in Caldwell <br />County, Texas described in Exhibit "A" attached to and made a part of this Lease for all <br />purposes; and the 13,400 square foot tract of real property in Caldwell County, Texas <br />described in Exhibit "A-2" attached to and made a part of this Lease for all purposes (the <br />"Leased Premises") <br /> <br />2. Article 2.02 of the Lease is amended to read as follows: <br /> <br />2.02. The Lessee agrees to pay to the City a fixed rental in the sum of $0.20 per square <br />foot per year for the entire area of the Leased Premises. The annual amount for the fixed <br />rental shall be paid in equal quarterly installments in the amount of $ 641.50 which shall be <br />due and payable on the last day of the last month for the current quarter. The Lessee, at <br />its option, may make advance payments of up to one year's fixed rentals, but there will be <br />no discount for these payments. <br /> <br />3. Article 5.02 of the Lease is amended to read as follows: <br /> <br />5.02. The Lessee shall substantially begin the construction of the Facilities within six <br />months of the date of this Lease, shall diligently and continuously pursue the construction <br />to completion, and shall fully complete the facilities within eighteen months of the date of <br /> <br />1 <br />