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113590 0 RESOLUTION 11,359 A RESOLUTION APPROVING THE TERMS AND PROVISIONS OF THAT CERTAIN FIRST AMENDMENT TO CONSTRUCT AND LEASE, PARKING AND CONCESSION AGREEMENT (THE, "FIRST AMENDMENT ") BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS (THE, "CITY ") AND CAPITOL CITY HOTEL LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP ( "CCH "); AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AND PERFORM THE SAME AND TO TAKE ANY AND ALL STEPS AND ACTION NECESSARY OR DESIRABLE TO FULLY EFFECTUATE THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THE AFORESAID DOCUMENTS, DECLARING AN EMERGENCY AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City and Capitol City Hotel Limited Partnership, an Illinois limited partnership, made and entered into that certain Construct and Lease, Parking and Concession Agreement, dated November 2, 1994 (hereinafter referred to as the "Lease Agreement'); and, WHEREAS, the Lease Agreement requires that the written standards for operation of the Demised Premises as a Doubletree Hotel (the "Standards ") and the Franchise Agreement authorizing the Lessee to operate the Demised Premises as a Doubletree Hotel (the "Doubletree Franchise ") be incorporated into the Lease Agreement; and WHEREAS, CCH and the City have reached an agreement on the terms and provisions of that certain First Amendment to Construct and Lease, Parking and Concession Agreement (the "First amendment') whereby the Standards and Doubletree Franchise are incorporated into and made a part of the Lease Agreement; and, WHEREAS, a true and correct copy of the First Amendment is attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the terms and provisions of the First Amendment to Construct and Lease, Parking and Concession Agreement be and the same is hereby fully approved and the Mayor and City Clerk be and hereby are authorized, empowered and directed to make, execute, deliver and perform the First Amendment to Construct and Lease, Parking and Concession Agreement. bjkpa. apcomm.doublem- resol ution 11 Resolution SECTION 2. In furtherance of the foregoing the Mayor and City Clerk be and hereby are authorized, empowered and directed to make and execute any documentation and do, take and perform any and all other steps, actions or things deemed necessary or desirable to fully effectuate the transactions contemplated by the First Amendment to Construct and Lease, Parking and Concession Agreement. SECTION 3. This Resolution shall be and is in full force and effect from and after its adoption. ADOPTED: August 27, 2002 ATTESTED BY: -2- hjkpaapcommdoub1c"c- mso1u ion APPROVED BY: