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11360RESOLUTION 11,360 A RESOLUTION APPROVING THE TERMS AND PROVISIONS OF THAT CERTAIN SECOND AMENDMENT TO CONSTRUCT AND LEASE, PARKING AND CONCESSION AGREEMENT (THE, "SECOND 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 "Parking and Concession Agreement "); and, WHEREAS, CCH and the City have reached agreement on revisions to the Construct and Lease, Parking and Concession Agreement as evidenced by that certain Second Amendment, a true and correct copy of which 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 Second 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 Second Amendment to Construct and Lease, Parking and Concession Agreement. 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 Second Amendment to Construct and Lease, Parking and Concession Agreement. -t- hjkpa.apeomm.doubletrte- resolution Resolution 0 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- hjkpa.apcommdoubletr - resolution APPROVED BY: