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<br /> 149 <br /> SECOND AMENDMENT TO L 1hl'S COVttRJ- <br /> PROPERTY/BUlL <br /> STATE OF TEXAS § C ClY\ c,eJe & <br /> § <br /> COUNTIES OF HAYS AND CALDWELL § \)J \ L,L f\V+ 6~ <br /> The City of San Marcos, Texas, a municip '5\! V\-Q cO <br /> under the laws of the State of Texas ("Lessor") <br /> ("Lessee"), agree to amend the lease agreement (- <br /> Lessor and Lessee on August 11, 1992, as amen< <br /> Lessee on October 24, 1994; <br /> This amendment is for the purpose of addill~ dll é:lrea ot approximately 14,640 <br /> square feet encompassing Airport Building 10-357 to the area leased under the Lease. <br /> AMENDMENTS: <br /> 1. The third unnumbered paragraph at the beginning of the Lease is amended to read as <br /> follows: <br /> In consideration of the obligation of Lessee to pay rent and in consideration of the <br /> other terms, covenants and conditions hereof, the Lessor leases and demises to the <br /> Lessee, and the Lessee agrees to lease from the Lessor, the following tracts of real <br /> property located in Caldwell County, Texas under the terms and conditions of this <br /> lease: <br /> TRACT 1: The area of land occupied by the World War II-era hangar building as <br /> depicted on Exhibit A attached to this lease. <br /> TRACT 2: The area of land occupied by Airport Building 10-357 as depicted on <br /> Exhibit B attached to this lease. <br /> TRACT 1 and TRACT 2 are collectively referred to in this lease as the "Leased <br /> Premises". <br /> 2. The Lessee acknowledges that it has fully complied with its inspection obligations under <br /> paragraph 1.1 of the Lease regarding both TRACT 1 and TRACT 2 of the Leased <br /> Premises, and that Lessee is accepting the Leased Premises and all improvements on <br /> them in their "as is" condition. <br /> 3. The introductory clause of paragraph 3.1 of the Lease is amended to read as follows: <br /> The use of TRACT 1 of the Leased Premises shall be restricted to the following <br /> purposes: <br /> 4. The following is added at the end of Paragraph 3.1: <br /> Lessee will refurbish the structure on TRACT 2 of the Leased Premises by April 15, <br /> 1999. In carrying out this refurbishment, the Lessee will obtain appropriate <br /> construction permits from the Lessor and comply with Lessor's construction codes. <br /> All costs for the refurbishment shall be borne by the Lessee. <br /> In all other respects, except as modified, the terms and provisions of the original lease <br /> shall remain in full force and effect. <br /> Executed in duplicate originals this 14th day of October ,1997. <br /> <br /> 1 <br />