EXHIBIT 10.1 SECOND AMENDMENT TO AGREEMENT FOR GROUND LEASE between BRAZOS RIVER LEASING L.P. and DIAMOND SHAMROCK REFINING AND MARKETING COMPANY Dated as of April 23, 1994 This Second Amendment to Agreement for Ground Lease has been manually executed in 8 counterparts, numbered consecutively from 1 through 8, of which this is No. _____. To the extent, if any, that this Second Amendment to Agreement for Ground Lease constitutes chattel paper (as such term is defined in the Uniform Commercial Code as in effect in any jurisdiction), no security interest in this Second Amendment to Agreement for Ground Lease may be created or perfected through the transfer or possession of any counterpart other than the original counterpart which shall be the counterpart identified as counterpart No. 1. SECOND AMENDMENT TO AGREEMENT FOR GROUND LEASE This Second Amendment to Agreement for Ground Lease is made and entered into as of April 23, 1994, by and between BRAZOS RIVER LEASING L.P. ("Brazos") and DIAMOND SHAMROCK REFINING AND MARKETING COMPANY ("Diamond Shamrock R & M"). W I T N E S S E T H: WHEREAS, Brazos and Diamond Shamrock R & M have heretofore entered into an agreement for Ground Lease, dated as of April 23, 1992 (as amended by the First Amendment to Agreement for Ground Lease dated as of August 1, 1992, referred to herein together as the "Agreement for Ground Lease"); and WHEREAS, Brazos and Diamond Shamrock R & M desire to amend the Agreement for Ground Lease to extend the acquisition period and to otherwise set forth their mutual agreement; and WHEREAS, Brazos and Diamond Shamrock R & M agree that the provisions of this amendment shall apply, to the extent provided by law, to each Property hereafter acquired by Brazos under the Agreement for Ground Lease. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Brazos and Diamond Shamrock R & M agree that the Agreement for Ground Lease is hereby amended as follows: 1. Section 3.06 of the Agreement for Ground Lease is hereby amended by deleting in subsection (i) in Section 3.06, the reference to "two years" and inserting in lieu thereof "four years". 2. Brazos and Diamond Shamrock R & M agree that this Second Amendment to Agreement for Ground Lease shall not be effective until the approvals required by Section 9.01 of the Credit Agreement have been obtained as evidenced by the execution of Amendment No. 2 by the necessary parties under the Credit Agreement. 3. Defined terms used in this second Amendment to Agreement for Ground Lease and not otherwise defined herein have the meanings ascribed to those terms in the Agreement for Ground Lease. IN WITNESS WHEREOF, Brazos and Diamond Shamrock R & M have caused this Second Amendment to Agreement for Ground Lease to be executed and delivered by their duly authorized officers as of the day and year first above written. BRAZOS RIVER LEASING L.P. By: Headwater Investments L.P., its General Partner By: Headwater Holdings, Inc., its General Partner By:___________________________ Gregory C. Greene, President DIAMOND SHAMROCK REFINING AND MARKETING COMPANY By: /S/ R.C. BECKER Name: R.C. Becker Title: Vice President and Treasurer