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Northpoint Civic Center Agmt Holiday Inn-CN 2020-07-14STATE OF TEXAS § § FIRST AMENDMENT CIVIC CENTER AGREEMENT COUNTY OF DALLAS § This First Amendment to Civic Center Development Agreement ("Agreement") is made by and between the City of Coppell, Texas ("City"), and Northpoint Hotel Group, LLC, a Texas limited liability company (the "Company") (collectively the "Parties," or singularly as a "Party"), acting by and through their respective authorized officers and representatives. WITNESSETH: WHEREAS, the Parties previously entered that certain Civic Center Development Agreement dated November 25, 2018 (the "Civic Center Agreement"); and WHEREAS, a Parties desire to amend the Civic Center Agreement by amending the date for Completion of Construction for the Hotel and Conference Center (as defined in the Civic Center Agreement); NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. That Article IV Section 4.1 of the Civic Center Agreement is amended to read as follows: "4.1 Construction of Hotel and Conference Center. Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Hotel and Conference Center to occur on or before May 31, 2019; and subject to events of Force Majeure, cause Completion of Construction of Hotel and Conference Center to occur on or before June 30, 2022" 2. The Civic Center Agreement shall continue in full force and effect, except as amended as heretofore amended and as amended herein. 3. This First Amendment shall be effective on the last date of execution hereof by the Parties. 4. This First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. 5. That each Parry represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6. That the recitals to this First Amendment are true and correct and are incorporated herein. (Signature page to follow) Page 1 First Amendment Civic Center Development Agreement: Holiday Inn City of Coppell and Northpoint Hotel Group, LLC (TM 115818)