EX-3.1 2 dex31.txt 2ND AMEND TO RESTATED AGREEMENT OF LP Exhibit 3.10 SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF COURTYARD BY MARRIOTT II LIMITED PARTNERSHIP THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF COURTYARD BY MARRIOTT II LIMITED PARTNERSHIP (this "Second Amendment"), dated as of December 28, 1998, is entered into by CBM Two LLC, a Delaware limited liability company, as general partner (the "General Partner"), of Courtyard By Marriott II Limited Partnership (the "Partnership"), for itself and on behalf of the limited partners of the Partnership. WHEREAS, the Partnership was formed pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Delaware on August 31, 1987; WHEREAS, in connection with certain restructuring transactions involving its parent company, CBM Two Corporation merged with and into the General Partner, a newly formed Delaware limited liability company; and WHEREAS, in accordance with Section 11.02 of the Partnership Agreement, the General Partner wishes to amend the Partnership Agreement to reflect its successor name by merger and to make certain clean up changes. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the General Partner hereby amends the Partnership Agreement as follows: 1. The introductory paragraph of the Partnership Agreement is hereby amended to replace the phrase "CBM Two Corporation, a Delaware corporation" with the phrase "CBM Two LLC, a Delaware limited liability company." 2. The definitions of "General Partner" and "Host" in Section 1.01 of the Partnership Agreement are hereby amended and restated in their entirety as follows: "General Partner" means CBM Two LLC, a Delaware limited liability company, in its capacity as general partner of the Partnership, and its successors and assigns. "Host" means Host Marriott Corporation, a Delaware corporation, and its successors and assigns. 3. Section 3.01 of the Partnership Agreement is hereby amended and restated in its entirety as follows: Section 3.01. General Partner. The General Partner of the Partnership is and shall be CBM Two LLC, a Delaware limited liability company, in its capacity as general partner of the Partnership, and its successors and assigns, having its principal executive offices at 10400 Fernwood Road, Bethesda, Maryland 20817. 4. All defined terms contained in this Second Amendment, unless otherwise defined herein, shall have the meaning contained in the Partnership Agreement. Except as modified herein, all terms and conditions of the Partnership Agreement shall remain in full force and effect, which terms and conditions the General Partner hereby ratifies and affirms. [Page Break Intentionally Inserted] IN WITNESS WHEREOF, the undersigned has executed this Second Amendment as of the date first set forth above. CBM TWO LLC, as the successor General Partner of Courtyard By Marriott II Limited Partnership and on behalf of existing Limited Partners /s/ Donald D. Olinger ------------------------------------------ Donald D. Olinger Vice President 55