RECEIVED

NO. 219- 01855- 2015

Consolidated with Cause No. 199- 02143- 215, Arch Resorts, LLC v. The City ofMcKinney,
Texas, by Order entered on July 15, 2015)

ARCH RESORTS, LLC, IN THE DISTRICT COURT

Plaintiff and Counter-Defendant,

V.

THE CITY OF MCKINNEY, TEXAS,

Defendant, Counter-Plaintiff,
and Third-Party Plaintiff,

and RICK HERZBERGER, CHIEF OF COLLIN COUNTY, TEXAS

BUILDING OFFICIAL OF THE CITY OF
MCKINNEY, TEXAS,

Defendant,

V.

COLLIN COUNTY, TEXAS,

Third-Party Defendant

219th JUDICIAL DISTRICT

FIRST AMENDMENT TO SETTLEMENT AGREEMENT

This First Amendment to Settlement Agreement (" Amendment") is entered into among
Arch Resorts, LLC(" Arch"), and the City of McKinney, Texas(" Ci " ( both of which are parties
in the above- styled litigation), and NJV Investors, LLC(" NJV" ( which is not a parry to the above-
styled litigation, but which is a business affiliate of Arch and a property owner impacted by the
terms of this Amendment).

I.

RECITALS

1. The City, Arch and NJV ( the " Parties") have entered into a Settlement Agreement
Agreement"), which was executed by Arch and NJV on October 10, 2017, and executed by the
City on October 18, 2017.

FIRST AMENDMENT TO SETTLEMENT AGREEMENT PAGE 1 OF 5

 2. Among other matters addressed in the Agreement is the rezoning of the Arch
Property and NJV Property ( as they are described in the Agreement) to a Planned Development
zoning classification( the" PD Zoning") as described in the Agreement. The Agreement expressly
provides, in Part II(C) of the Agreement, that " Moreover, in the event that the PD Zoning is not
approved and made effective by November 27, 2017, this Agreement shall automatically

terminate," and Zoning ( described in Part II(C), above) not be

in Part IV( A) that " Should the PD
approved and made effective by November 27, 2017, such nonattainment shall render this
Agreement null and void and without further action by any Party."

3. Given the imposition of the statutory deadlines for the City to accomplish the
potential rezoning of the Arch Property and the NJV Property to the PD Zoning, the November
27, 2017, deadline established in the Agreement is insufficient and the Parties desire to amend the
Agreement to extend that deadline.

H.

FIRST AMENDMENT

NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set
forth in this Amendment, and for good and valuable consideration the receipt and adequacy of
which are acknowledged and agreed, the Parties agree as follows:

1. The last sentences of Part II(C) and Part IV(A) of the Agreement that provide,
respectively, as follows:

Moreover, in the event that the PD Zoning is not approved and made effective by
November 27, 2017, this Agreement shall automatically terminate.

Should the PD Zoning ( described in Part II(C), above) not be approved and made

effective by November 27, 2017, such nonattainment shall render this Agreement
null and void and without further action by any Party.

shall be amended to read as follows:

Moreover, in the event that the PD Zoning is not approved and made effective by
December 31, 2017, this Agreement shall automatically terminate unless such PD
Zoning deadline is expressly extended by written agreement of the City, Arch, and
NJV. The City Manager is expressly delegated authority by the City of McKinney
City Council to extend the PD Zoning deadline without further action of the City
Council.

2. Except as modified by this Amendment, the terms and conditions ofthe Agreement
shall remain in force and effect, and all other provisions of the Agreement shall remain unaltered,
unchanged and in full force and effect.

SIGNATURE AND ACKNOWLEDGMENT PAGES TO FOLLOW]

FIRST AMENDMENT TO SETTLEMENT AGREEMENT PAGE 2 OF 5

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed on the date
appearing next to each Party' signature and this Amendment shall be effective on the date the last
signature has been signed upon this Amendment.

ARCHRESORT, LLC,
a Texas limited liability company

By:
Subbarayan Venkatesan, Manager

Date: ( 0 31-

r
r
t

By:
andhini Venkatesan,Manager

Date: 10 [ sit ?O r T
STATE OF TEXAS

COUNTY OF Ca 11, E

This instrument was acknowledged before me on this the 3 day of ccldb r-

2017, by SUBBARAYAN VENKATESAN, Manager ofARCH RESORT, LLC,

a Texas limited liability company, on behalf of said limited liability company.
SEAL]

JOSHUA DREIS- ORNELAS

Notary ID# 131056480 Notary Public, to of T
My Commission Expires
March 23, 2021

STATE OF TEXAS

COUNTY OF G A L,

This instrument was acknowledged before me on this the 3t day of

2017, by NANDHINI VENKATESAN, Manager of ARCH RESORT, LLC, a
Texas limited liability company, on behalf of said limited liability compan
SEAL]

Notary Public, S too exas

JOSHUA DREIS- ORNELAS

Notary ID# 131056480 t
My Commission Expires
March 23, 2021

FIRST AMENDMENT TO SETTLEMENT AGREEMENT PAGE 3 OF 5

 NJVINVESTORS, LLC,
a Texas limited liability company

BY:
Subbarayan Venkatesan, Manager

Date:

1
By:
Nandhini Venkatesan, Manag

Date: 3

STATE OF TEXAS

COUNTY OF C o I r-'

This instrument was acknowledged before me on this the 3( day of

2017, bySUBBARAYANVENKATESAN, Manager ofNJVINVESTORS, LLC,
a Texas limited liability company, on behalf of said limited liability comp

SEAL]
JOSHUA DREIS- ORNEI. AS
Notary ID# 131056480
My Commission Expires Public, State
pan
March 23, 2027
Notary x

STATE OF

COUNTY OF Co fi'
t'

This instrument was acknowledged before me on this the 3 ( day of

2017, by NANDHINI VENKATESAN, Manager of NJV INVESTORS, LLC, a
Texas limited liability company, on behalf of said limited liability company.

SEAL]

Notary Public, St f xas

c""` JOSHUA DREIS ORNELAS
Notary iD# 131056480
My Commission Expires
o,
E*' March 23, 2021

FIRST AMENDMENT TO SETTLEMENT AGREEMENT PAGE 4 OF 5

CITY OF MCKINNEY, TEXAS

By: Paul Imes

Date:

Title: City Manager

STATE OF TEXAS

COUNTY OF COLLIN

This instrument was acknowledged on this the day of IgId

2017, by PAUL G. GRIMES, on behalf of CITY OF MCKIIVIVEY, TEXAS.

SEAL]

Notary Public, Sdte of exas

z
r
o
AMY 1ETER
Notary Public
STATE OF TEXAS
MY Coin. Exp. lune
13, 2018 1

FIRST AMENDMENT TO SETTLEMENT AGREEMENT PAGE 5 OF 5

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