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ST1002-CN111227 (2) STATE OF TEXAS § First Amendment to Shared Parking Agreement Between City of Coppell, Texas, and CSE Commercial Real Estate, LP COUNTY OF DALLAS § This First Amendment to Shared Parking Agreement (this "First Amendment ") is made by and between the City of Coppell, Texas (the "City"), and CSE Commercial Real Estate, LP, a Texas limited partnership and its permitted assigns (the "Company"), acting by and through their respective authorized officers and partners. RECITALS: WHEREAS, on or about November 29, 2010, Company and Coppell Economic Development Foundation, Inc., ( "CEDF ") entered into that certain Option Agreement ( "the Option Agreement ") granting to Company an option to purchase certain real property described in Exhibit "A -1" of the Option Agreement (the "Option Land "); and WHEREAS, Company and CEDF have entered into an agreement of even date herewith to make certain amendments to the Option Agreement that the parties thereto believe to be mutually advantageous; and WHEREAS, on or about November 29, 2010, Company and City entered that certain Development Agreement ( "the Development Agreement ") setting forth the agreement of the parties regarding the development by City and Company of the Option Land; and WHEREAS, Company and City desire to make certain amendments to the Development Agreement that the parties believe to be mutually advantageous and consistent with the amendments made to the Option Agreement; and WHEREAS, on or about November 29, 2010, City and Company entered into that certain Shared Parking Agreement ( "the Parking Agreement ") regarding the use of public parking constructed by City or Company in association with the development and use of the Option Land and property to be owned and developed by City; and WHEREAS, Company and City desire to make certain amendments to the Parking Agreement that are consistent with the amendments made or to be made to the Option Agreement and Development Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises made one to the other, Company and City agree as follows: 1. The Parking Agreement is hereby amended as follows: A. The date "November 29" shall be inserted into the blanks in the definitions of "Development Agreement" and "Option Agreement" as they appear in Article II. Pagel F IRST AMENDMENT TO SHARED PARMING AGREEMENT BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP B. The phrase "thirty -eight (38)" is deleted where it appears in the second recital and the definition of "Project" in Article II. C. Section 4.6 shall be amended by adding the name "Robert E. Hager" above the name "Peter G. Smith" where it appears in said section. D. Exhibit "A -1" shall be amended in its entirety as set forth in Attachment I, attached hereto and incorporated herein by reference. 2. Except as otherwise amended by this First Amendment, the Parking Agreement remains in full force and effect. 3. This First Amendment shall become effective on the date it is signed by authorized representatives of the parties hereto. (Signatures on Following Page) Page 2 m FIRST AMENDMENT TO SHARED PARKING AGREEMENT ua BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP SIGNED AND AGREED this the, / of ..A E e l h.LA , 2011. City of Coppell, Texas i By: 4.- ,, Cla ' hillips, City Manager Attest: 1 ,, Christel Pettinos, City Secreta Agreed as I orm: By: / % 07 City Attorney SIGNED AND AGREED this theVday of , 2011. CSE Commercial Real Estate, LP By: Debco partners, LLC, its general partner By: CAA-,-e-4-7 (4 Charles Cotten, Member Page 3 6 FIRST AMENDMENT TO SHARED PARKING AGREEMENT 1 BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP ATTACHMENT I Revised Exhibit "A -1" - Option Land Lot 1, Block A, Lot 1, Block B, Lot 1, Block C, Lot 1, Block D, Lot 1, Block E, Lot 1, Block F, and Lot 2, Block G, Old Town Addition, Addition to the City of Coppell, Dallas County, Texas, according to the map or plat filed as Instrument No. 201100074924, Official Public Records, Dallas County, Texas I. Amended Net Land Area as of 12/05/11 per F & N Plat Drawing Square Feet Acres 1. Lot 1, Block B Entry; Cottage 1 -4: 23,415 sq. ft. 2. Lot 1, Block C Cottage 5 -10: 31,032 sq. ft. 3. Lot 1, Block A Cottage 11 -13 + Park: 14,344 sq. ft. 4. Lot 1, Block D Retail 1 -5 /Svc 1 - 6: 123,858 sq. ft. 5. Lot 1, Block E Square Rest. F1 - F2: 30,100 sq. ft. 6. Lot 1, Block F TH 1W - 14W; 1 E - 14E: 115,064 sq. ft. 7. Lot 2, Block G TH 1S -10S: 54,281 sq. ft. Total Developer Net Land Area: 392,094 sq. ft. = 9.001239669 acres Page 1 A TTACHMENT ITO FIRST AMENDMENT TO SHARED PARKING AGREEMENT BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP (kbl 12/7/11:52811)