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<br />5) Section 3.05 of the Agreement is amended as follows (underlining indicates added text;
<br />overstrike indicates deleted text):
<br />
<br />Section 3.05. The total of all Grant Payments made by the City to Prime will not exceed
<br />$3.000.000 $2,500,000. In other words, if the total of all Grant Payments reaches this
<br />amount before the end of the Grant Payment Period, Prime's obligation to submit further
<br />Grant Payment Requests will cease. and the City's obligation to make further Grant
<br />Payments will cease. If the total of all Grant Payments owed by the City to Prime for all
<br />Annual Periods during the Grant Payment Period is less than $3.000.000 $2,500,000, the
<br />City will not be obligated to make any further Grant Payments to Prime.
<br />
<br />All remaining terms and conditions of the Agreement shall remain in full force and effect for the
<br />duration of the Agreement. By signing this amendment, the parties understand and agree that
<br />this amendment will become a part of the Agreement.
<br />
<br />This amendment is effective this
<br />
<br />1
<br />
<br />day of November, 2005.
<br />
<br />CITY OF SAN MARCOS, TEXAS
<br />
<br />By:
<br />Dan O'Leary, ,y Manager
<br />
<br />This instrument was acknowledged before me on .;f[e51 ~ I ' 2005 by Dan
<br />O'Leary, known personally by me to be the City Manager oft CIty of San Marcos, on behalf of
<br />the City of
<br />
<br />
<br />Notary seal
<br />
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<br />******************************************************************************
<br />
<br />San Marcos Factory Stores, Ltd.
<br />
<br />BY:~~
<br />Si nature
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<br />Printed name, title ) U
<br />
<br />This instrument was acknowledged before me on J;,.", ~ !f , ~TbY
<br />P.oW A. in/ell; K.. , known personally by me to be the IJ~ JP oJ J[J/J~ of San
<br />Marcos Factory Stores, Ltd., on behalf of that partnership.
<br />
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