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Northpoint Hotel Group, LLC-Second Amendment to Civic Center Development Agreement-CN 2021-07-13STATE OF TEXAS § SECOND AMENDMENT TO § COUNTY OF DALLAS § CIVIC CENTER DEVELOPMENT AGREEMENT This Second 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 into that certain Civic Center Development Agreement dated November 25, 2018, as amended by that certain First Amendment to Civic Center Development Agreement dated July 22, 2020 (collectively the "Civic Center Agreement"); and WHEREAS, the 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 December 31, 2018; and subject to events of Force Majeure, cause Completion of Construction of the Hotel and Conference Center to occur on or before December 31, 2021." 2. The Civic Center Agreement, except as amended herein, shall remain in full force and effect. 3. This Second Amendment shall be effective on the last date of execution hereof by the Parties. 4. This Second 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 Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Civic Center Agreement. 6. That the recitals to this Second Amendment are true and correct and are incorporated herein. PAGE 1 SECOND AMENDMENT TO CIVIC CENTER DEVELOPMENT AGREEMENT: ALOFT CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC (TM 123167) EXECUTED on this - day of JUL , 2021. CI7 App ATTEST: By: ad �j j - ."u avA= Ashley 0wwf, City Secretary EXECUTED on this day of 12021. NORTHPOINT HOTEL GROUP, LLC Suketu B. Patel, Manager PAGE 2 SECOND AMENDMENT TO CIVIC CENTER DEVELOPMENT AGREEMENT: ALOFT CITY OF COPPELL AND NORTHPOM HOTEL GROUP, LLC (TM 123167) EXECUTED on this � day of WIL4 2021. Y OF COPPELL, T S By: Mike Land, City Aanager ATTEST: By: - �& A 0-4� Ashley Owe City Secretary Approved as rm: By: City Attorney67 -Z�4A�\\ EXECUTED on this day of �J , 2021. NORTHPOINT HOT L GROUP, LLC By: Suketu . Patel, an ger PAGE 2 SECOND AMENDMENT TO CIVIC CENTER DEVELOPMENT AGREEMENT: ALOFT CITY OF COPPELL AND NORTHPOINT HOTEL GROUP, LLC (TM 123167)