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<br />126 <br /> <br />AMENDMENT TWO TO <br />AGREEMENT OF LEASE <br /> <br />STATE OF TEXAS ~ <br />~ <br />COUNTY OF HAYS ~ <br /> <br />KNOW ALL PERSONS BY THESE PRESENTS: <br /> <br />The City of San Marcos, Texas, a municipal corporation organized and existing under the <br />laws of the State of Texas ("Lessor") and The Greater San Marcos Youth Council, Inc. ("Lessee"), <br />a nonprofit corporation existing under the laws of the State of Texas, agree to amend the Agreement <br />of Lease (the "Agreement") entered into between Lessor and Lessee on September 13, 1989, as <br />amendment by Amendment One, dated August 26, 1997, to provide for the addition of approximately <br />1.221 acres to the leased property, as follows: <br /> <br />1. The first paragraph of the Agreement following the term "WITNESSETH" is amended to read <br />as follows: <br /> <br />Lessor, for and in consideration of rental paid by Lessee, and the covenants and <br />agreements contained in this lease, and for the consideration of the construction by <br />Lessee of certain improvements to the premises depicted as Tract 1 and Tract 2 (the <br />"demised premises"), the improvements to remain and be surrendered with the <br />demised premises, has demised, leased and let unto Lessee the following two <br />parcels of land in the City of San Marcos, County of Hays, State of Texas: Tract 1 <br />comaining 0.89 acres as depicted in Exhibit "A" and Tract 2 containing 1.221 acres <br />as depicted in Exhibit "B". Both tracts are out of the J.M. Veramendi League No.2, <br />in Hays County, Texas, and lying wholly within that thirty acre tract conveyed by E.S. <br />Sutton and Lillian Sutton to the City of San Marcos by deed filed on November 3, <br />1950 and recorded in Volume 148, Pages 138-139 of the deed records of Hays <br />County, Texas. There is excepted from Tract 2 of the demised premises, and <br />Lessor expressly retains, a 25 foot Public Utility Easement and a further 20 foot <br />Construction Easement along the frontage of IH 35. Specific metes and bounds for <br />these easements will be provided by Lessee to Lessor at Lessee's expense when the <br />survey of the easements is completed. <br /> <br />2. Paragraph 4 of the Agreement is amended to read as follows: <br /> <br />4. Structures and Improvements: Under the provisions of the agreement, Lessee <br />has constructed structures on Tract 1 of the demised premises. Lessee shall cause <br />at no expense to Lessor, the construction of at least one structure on Tract 2 during <br />the term of this lease to serve as a family resource center. Construction of this <br />structure shall begin one hundred eighty (180) days of the effective date of this <br />amendment. Lessee shall have the right to have constructed on the demised <br />premises such additional structures as may become necessary for adequate <br />provision of services and ass.istance, provided, however, that each structure shall be <br />constructed and shall remain in compliance with all ordinances, rules and regulations <br />of Lessor. All alterations, additions and improvements made in or to the premises <br />on and any and all structures and buildings constructed or placed on the premises <br />shall, unless otherwise provided by written agreement or by the terms of this <br />