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~_ r~ <br />WHEN RECORDED;yI~ETUIZN TO: <br />City Manager <br />City of San arcos <br />City Ha <br />630 opkins <br />S 78666 <br />MEMORANDUM OF LEASE <br />PF; ~+~1 F9 <br />BY THIS MEMORANDUM OF LEASE (this "Memorandum"), entered into as <br />of the 26`x' day of September, 2007, by and between the CITY OF SAN MARCOS, <br />TEXAS ("Lessor") and JQH -SAN MARCOS DEVELOPMENT, LLC, a Missouri <br />limited liability company ("Lessee"), the parties declare and agree as follows: <br />Lessor owns a tract of land as legally described on Exhibit A attached hereto and <br />incorporated herein by this reference, together with all improvements located thereon <br />from time to time (the "Land"). <br />Lessor and Lessee entered into that certain Conference Center Lease Agreement <br />dated September 10, 2007 (the "Lease") pursuant to which Lessor has leased to Lessee, <br />and Lessee has leased from Lessor, a conference facility located on the Land in <br />accordance with the terms of the Lease and as depicted on B attached hereto and <br />incorporated herein by this reference. All initially capitalized terms used but not <br />otherwise defined herein shall have the meanings set forth in the Lease. <br />Pursuant to the Lease, the initial twenty-five (25) year term shall commence on <br />the date on which the Conference Center has been substantially completed and shall <br />terminate on the Expiration Date subject to certain Renewal Rights set forth in the Lease. <br />The parties have executed this Memorandum for recording purposes only as to <br />the Lease described above, and it is not intended to and shall not modify, amend, <br />supersede or otherwise affect the terms and provisions of said Lease. <br />[SIGNATURES APPEAR ON THE FOLLOWING PAGE] <br />AFTER RECORDING, RETURN[-~k <br />Attn: Christine A. Rennes%'~~~3 <br />LandAmerica NaSi,Final Comm. , vcs. <br />10 South L~a11e Street, Ste. 2500 <br />Chicag6; IL 60603 ~~ _ 3 g~~.5` <br />