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<br />rECEI\/ED <br />'",'.lQ CkJ'C'.. ~ <br />OCT 1 2 ~",~ <br /> <br />VOL 4 7 OP46E 821 <br />064842 <br /> <br />CITY OF SAN MARCOS <br />CITY ATTORNEY'S OFFICE AMENDMENT NUMBER TWO TO LEASE OF AIRPORT <br />PROPERTY BETWEEN COMMEMORATIVE AIR FORCE, INC. <br />AND THE CITY OF SAN MARCOS <br /> <br />STATE OF TEXAS 9 <br />9 <br />COUNTIES OF HAYS AND CALDWELL 9 <br /> <br />The City of San Marcos, Texas, a Texas municipal corporation (the "Lessor"), and The <br />Commemorative Air Force, Inc (the "Lessee"), agree to amend their lease agreement (the <br />"Lease") entered into on August 11, 1992, related to a tract of property at the San Marcos Municipal <br />Airport in Caldwell County, Texas. <br /> <br />The Lessee has requested that the Lease be amended to add an area of property upon <br />which the Lessee would build a materials storage building. The Lessor is willing to amend the Lease <br />to permit this under the terms and conditions of this 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 The third un-numbered paragraph at the beginning of the Lease is amended to read as and the <br />two paragraphs immediately following are added as follows: <br /> <br />In consideration of the obligation of Lessee to pay rent and in consideration of the terms, <br />covenants and conditions hereof the Lessor leases and demises to the Lessee, and the <br />Lessee agrees to lease from the Lessor, the following tracts of real property (the "Leased <br />Premises"), located in Caldwell County, Texas under the terms and conditions of this Lease: <br /> <br />TRACT 1: The area of land occupied by the WWII- era hangar building, which is the subject <br />of the original 1992 lease, as depicted in Exhibit A attached to this Lease <br /> <br />TRACT 2: The area of land, to be used as a materials storage building site, as described <br />and depicted in Exhibits B-1 and B-2 attached to this Lease. <br /> <br />2. The introductory clause of Paragraph 3.1 of the Lease is amended to read as follows' <br /> <br />The use of TRACT 1 of the Lease Premises shall be restricted to the following purposes: <br /> <br />In all other respects, except as modified in this amendment, all of the terms and provisions of the <br />Lease, including those related to maintenance responsibilities, insurance and indemnification, <br />default and termination, shall remain in full force and effect as to all of the Leased Premises <br /> <br />EXECUTED on <br /> <br />September 6, 2006 <br /> <br />1 <br />