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CM-07-08-193C0PY SECOND AMENDMENT TO LEASE This Second Amendment to Lease ("Amendment") is made and entered into by and between CHANDLER CREEK, L.P. ("Landlord"), and the City of Round Rock, Texas ("Tenant"), and shall be effective as of the date the last party signs below. RECITALS: WHEREAS, Landlord and Tenant previously entered into that certain Lease Agreement dated on or about August 25, 2005 for the space identified as 2801 Oakmont Drive, Suite 900, Round Rock, Texas 78664 ("Premises"), which has been amended pursuant to that certain First Amendment to Lease dated as of October 21, 2005 (collectively referred to herein as the "Lease"). Capitalized terms used in this Amendment not otherwise defined herein shall have the same meaning ascribed to such terms in the Lease. WHEREAS, Landlord and Tenant wish to extend the term of the Lease pursuant to the terms and conditions set out below: NOW THEREFORE, in consideration of mutual covenants contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree the Lease shall include this Amendment as follows: AGREEMENT: 1. Four Month Extension. This Amendment shall serve to extend the term by four (4) months, commencing on September 1 , 2007 and shall expire on December 31, 2007 ("Extension Term"). All terms, covenants, and provisions of this Lease shall apply to such Extension Term, except that the Base Rent for the Extension Term will be $1.065 psf per month ($1,891.44 per month). 2. Except as modified hereby, all terms and provisions of the Lease are ratified and confirmed by Landlord and Tenant. [remainder of this page blank — signature page follows] 1 M \- -O - l`t3 Initials — Landlord: Tenant: IN WITNESS WHEREOF, this Amendment is executed to be effective as of the date specified herein. LANDLORD: CHANDLER CREEK L.P. a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, G.P. By: Brian R. Burke, President Date Signed: , 2007 TENANT: City of Round Rock, a Home Rule City. By: 4J' � � use, City Manager Date a � d: A uq LISP , 2007 2 Initials — Landlord: Tenant: DATE: August 17, 2007 SUBJECT: City Manager Approval, August 24, 2007 ITEM: Second amendment to a lease agreement between the City of Round Rock and Chandler Creek, L.P for 2801 Oakmont Drive, Suite 900, Round Texas, 78664 Request that the City Manager signs the attached second amendment to lease the premises stated in the amendment for an additional four months and use this premise as a temporary fire station. Department: Fire Department Staff Person: Larry Hodge, Fire Chief Justification: The lease agreement expires on August 30, 2007. The Fire Department is using this building as a temporary fire station. The new station has a completion date of October 30, 2007. After the Department opens the new station the lease premises must be put back in the same condition as it was when the City first leased it. By signing the second amendment this will give the City and Fire Department the time needed to move to the new station remove all alterations, improvements and make any required repairs. Funding: Cost: $7,565.76 Source of funds: General Funds Outside Resources: N/A Background Information: The original lease agreement was amended to where landlord agreed to let us do the alterations and improvements for temporary Station 7. It also stated that we agree to remove all alterations and improvements and make any required repairs. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS SECOND AMENDMENT TO LEASE This Second Amendment to Lease ("Amendment") is made and entered into by and between CHANDLER CREEK, L.P. ("Landlord"), and the City of Round Rock, Texas ("Tenant"), and shall be effective as of the date the last party signs below. RECITALS: WHEREAS, Landlord and Tenant previously entered into that certain Lease Agreement dated on or about August 25, 2005 for the space identified as 2801 Oakmont Drive, Suite 900, Round Rock, Texas 78664 ("Premises"), which has been amended pursuant to that certain First Amendment to Lease dated as of October 21, 2005 (collectively referred to herein as the "Lease"). Capitalized terms used in this Amendment not otherwise defined herein shall have the same meaning ascribed to such terms in the Lease. WHEREAS, Landlord and Tenant wish to extend the term of the Lease pursuant to the terms and conditions set out below: NOW THEREFORE, in consideration of mutual covenants contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree the Lease shall include this Amendment as follows: AGREEMENT: 1. Four Month Extension. This Amendment shall serve to extend the term by four (4) months, commencing on September 1 , 2007 and shall expire on December 31, 2007 ("Extension Term"). All terms, covenants, and provisions of this Lease shall apply to such Extension Term, except that the Base Rent for the Extension Term will be $1.065 psf per month ($1,891.44 per month). 2. Except as modified hereby, all terms and provisions of the Lease are ratified and confirmed by Landlord and Tenant. [remainder of this page blank — signature page follows] 1 Initials — Landlord: enant: IN WITNESS WHEREOF, this Amendment is executed to be effective as of the date specified herein. LANDLORD: CHANDLER CREEK L.P. a Delaware limited partnership By: Chandler Creek Company, a Delaware corporation, G.P. By: r Brian Date Signed: urke, President /tr , 2007 TENANT: City of Round Rock, a Home Rule City. Bv: use, City Manager Date Signed: du G LLSr 41p , 2007 2 Initials — Landlord: Tenant: