Contract - RRTX Lake Creek Hotel, LP - 3/8/2018 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This Economic Development Program Agreement("Agreement")is entered into this
day of , 20185 by and between the City of Round Rock, Texas, a Texas home rule
municipal corporation ("City"), and RRTX Lake Creek Hotel, LP, a Texas limited
partnership ("LCH').
WHEREAS, the City has adopted Resolution No. 1,-2410--52--5D , attached as
Exhibit A ("Pro ram Resolution" , establishing an economic development program and
Resolution No.
, attached hereto as Exhibit B (the "Authorizing
Resolution"), authorizing the Mayor to enter into this Agreement with LCH in recognition of the
positive economic benefits to the City through LCH's development of approximately 3.0 acres of
land,as more particularly described on the attached Exhibit C("Property")as an upscale boutique
hotel containing 35 hotel rooms, the ("Project") (the Program Resolution and the Authorizing
Resolution being collectively referred to herein as the "City Resolutions"). and
WHEREAS,the purpose of this Agreement is to promote tourism and the convention and
hotel industry as contemplated by Chapter 351 of the Texas Tax Code, and to promote economic
development as contemplated by Chapter 380 of the Texas Local Government Code whereby LCH
intends to construct, develop and operate the Project in conformance with the City's development
approvals for the Project, and;
WHEREAS,LCH intends to invest approximately$4,500,000.00 in improvements to real
property in the City; and
WHEREAS,LCH intends to hire for the Project at least 25 new full-time and/or full-time
equivalent employees as defined by Section 2.3 of this Agreement; and
WHEREAS,the City agrees to provide Economic Incentive Payments(as defined below)
to LCH to defray a portion of the Project's costs;
NOW, THEREFORE,in consideration of the mutual benefits and promises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and LCH agree as follows:
1. Authority The City's execution of this Agreement is authorized by Chapter 380
of the Texas Local Govermnent Code and the City Resolutions,and constitutes a valid and binding
obligation of the City in the event LCH proceeds with the development of the Project. The City
acknowledges that LCH is acting in reliance upon the City's performance of its obligations under
this Agreement in making its decision to commit substantial resources and money to develop the
Project.
Economic Development Program Agreement-
00391696.DOCX
2. Definitions.
2.1 "Economic Incentive Payment(s)"("EIPs")means all of the payments required to
be paid by the City to LCH under the Program and this Agreement, as well as the amount of any
development application fees waived.
2.2 "Effective Date"is the date this Agreement is executed to be effective by the City
and LCH.
2.3 "Full Time Equivalent Employee" ("FTE") means a combination of employees,
each of whom individually is not a frill-time employee because they are not employed on average
at least 35 hours per week, but who, in combination, are counted as the equivalent of a full-time
employee. FTE's shall include original hires or their replacements over time.
2.4 "HOT Tax" means the City's Hotel Occupancy Tax imposed by the City pursuant
to Chapter 351 of the Texas Tax Code.
2.5 "Hotel"means the 39-room upscale boutique hotel to be constructed and operated
in accordance with this Agreement.
2.6 "Program" means the economic development program established by the City
pursuant to Chapter 380 of the Texas Local Government Code and under the City Resolution to
promote local economic development and stimulate business and commercial activity within the
City.
2.7 "Project"means LCH's planned development of the Property which shall consist
of the Hotel. The Project shall include at least 39 hotel rooms.
2.8 "Property" means approximately 3.0 acres of land more particularly described in
Exhibit C.
2.9 "Recapture Liability"means the total amount of all EIP's that are paid as result of
this Agreement that are subject to recapture by the City from LCH in the event of a LCH default.
3. Term. This Agreement shall become enforceable upon its Effective Date. This
Agreement shall terminate on the 31 st day of December,2022. Regardless of the foregoing, some
EIPs may become due and payable after the term of this Agreement.
4. Rights and Obligations of LCH. In consideration of the City's compliance with
this Agreement,LCH agrees as follows:
4.1 Compliance with Development Regulations and Other Ordinances. LCH shall
comply with the City's development approval processes and shall develop the Project on the
Property in compliance with City ordinances, City-approved PUD zoning ordinance for the
Property, City-approved development regulations, and other City development requirements.
4.2 Improvements and Additions to Real and Personal Property. LCH agrees to
spend a cumulative total of at least$4,500,000.00 in improvements to real property within the City
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no later than December 31, 2018 and maintain real property and improvements within the City
with a historic cost of$4,500,000.00 during the Term of this Agreement.
4.3 Provision of Jobs. Within 60 days after the City issues a Certificate of
Occupancy for the Hotel, LCH agrees to employ in the Hotel at least 25 full-time employees
and/or FTE's and to retain said employees and/or FTE's(or their replacements)for the full term of
this Agreement.
4.4 Job Compliance Affidavit_ LCH agrees to provide to the City a Job Compliance
Affidavit for each calendar year during the term of this Agreement. A copy of the Job Compliance
Affidavit form is attached hereto as Exhibit D. City shall have the right, following reasonable
advance notice to LCH,to audit LCH's records to verify that this obligation has been satisfied.
4.5 LCH Accounting. LCH shall maintain complete books and records showing its
compliance with its obligations under this Agreement, which books and records shall be deemed
complete if kept in accordance with generally acceptable accounting principles as applied to Texas
corporations. Such books and records shall be available for examination by the duly authorized
officers or agents of the City during normal business hours upon request made not less than ten(10)
business days prior to the date of such examination. LCH shall maintain such books and records
throughout the term of this Agreement and for four(4)years thereafter.
4.6 Compliance with Tax Code. LCH agrees that the HOT Tax EIP's must be
expended in a manner directly enhancing and promoting tourism and the convention and hotel
industry and only as permitted by Chapter 351 of the Texas Tax Code, as amended. LCH agrees to
make annual reports listing the expenditures made by LCH with the HOT Tax EIP's. The reports
shall be included with a Certificate of Compliance to certify under oath that LCH is in full
compliance with each of its obligations under this Agreement, and shall include documentation to
establish that LCH has spent previous EIP's for purposes and activities described in Section
351.101(a)(1) through (a)(6) of the Texas Tax Code. A copy of the Certificate of Compliance is
attached hereto as Exhibit E. Should any expenditure of EIP's by LCH be for a use that is found to
be improper or illegal,the City shall have no liability in connection thereof. In the event the City
determines that LCH has made an improper or illegal expenditure of EIP's,LCH must,no later than
30 days after receipt of written notification from the City,reimburse the City in an amount equal to
the improper expenditure,plus the rate of interest paid for delinquent taxes. LCH's failure to make
reimbursement pursuant to this Section will constitute a default of this Agreement.
4.7 Submission of Data. Within fifteen(15) days following the end of each calendar
year, LCH shall submit to the City the Job Compliance Affidavit, the Certificate of Compliance,
and a schedule detailing the HOT Tax for such calendar year. As backup for the schedule, LCH
shall submit the following:
(a) A copy of all HOT Tax returns for the Project, including amended reports,
filed by LCH for that year showing the HOT Tax collected and paid; and
(b) Such other data as the parties mutually determine reasonably appropriate to
evidence the HOT Tax paid.
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4.8 Continuous Operation. LCH agrees that from the opening date of the Hotel and
throughout the Term of this Agreement,LCH will continuously use and operate the Hotel,and the
Project shall not be used for any other purpose other than as a hotel and related amenities, open to
the public and serving tourism.
4.9 Room Block Agreement. During the Term of this Agreement, LCH shall make
available to the City, at no cost, a maximum of ten (10) room nights annually. The value of the
room nights shall not exceed $2,000.00, based on the rates at the time of snaking the reservation.
These rooms are to be booked only by the City Manager's office, and will be used solely for
official City business. The City will be responsible for applicable surcharges,customary employee
tips related to room usage, and any food,beverage or incidental charges.
4.10 Minimum Standards for the Hotel. The Hotel shall have a minimum of 35 guest
rooms and shall be an upscale boutique hotel. An upscale boutique hotel is one that appeals to
guests because of its atypical amenity and room configurations, which has a higher average rate
and offers higher levels of service.
5 Rights and Oblieations of the City. In consideration of LCH's compliance with
this Agreement,the City agrees as follows:
5.1 Economic Incentive Payments.
5.1.1 EIP's Based on HOT Tax. City shall,pursuant to Chapter 380 of the Texas
Local Goverrunent Code, but subject to the conditions set out herein,make annual
EIPs to LCH within thirty (30) days after LCH submits to the City the Job
Compliance Affidavit, the Certificate of Compliance, and HOT Tax returns
reflecting the tax generated by the Project and actually paid to the City during the
preceding calendar year, as required in Section 4.7 above. The EIPs will be an
amount equal to a percentage, as set forth below, of the HOT Tax generated by the
Project and collected by LCH and actually paid to the City. The EIPs are to be
calculated as follows:
(a) Calculations will be based upon HOT Tax generated by the Project,
collected by LCH and actually paid to the City.
(b) The EIP's will be an amount equal to the percentage of the HOT Tax
paid each calendar year as set forth below:
Year Percentage of HOT Tax Paid
2019 75%
2020 75%
2021 50%
2022 50%
5.1.2 EIP's Based on Ad Valorem Property Tax. City shall, pursuant to Chapter
380 of the Texas Local Government Code, but subject to the conditions set out
herein,snake annual ETPs to LCH within thirty(30) days after LCH submits to the
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City the Job Compliance Affidavit and Ad Valorem Tax schedule for such calendar
year as required in Section 4.8 above. The EIPs are to be calculated as follows:
(a) Calculations will be based upon Ad Valorem Property Tax actually
paid by LCH and collected by the City;
(b) The EIP's will be an amount equal to the percentage of the Ad
Valorem Property Tax actually paid for each calendar year as set forth
below:
Year Percentage of Property Tax Paid
2019 75%
2020 50%
2021 50%
2022 50%
5.1.3 EIP's Based on development fees waiver. The City agrees to waive up to
$13,000.00 in development application fees. "Development application fees" do
not include water and wastewater impact fees and meter fees associated with
connection to the utilities,regional detention fees, and fees associated with services
performed by third party vendors.
5.1.4 Maximum Amount of EIP's. Regardless of anything contained herein to the
contrary, the maximum amount of all EIP's paid by the City to LCH, including the
amount of development application fees waiver, shall be $440,000.00.
5.2 Payments Subject to Future Appropriations. Although certain payments under
this Agreement are calculated based on a formula applied to HOT Tax and/or Ad Valorem
Property Tax, this Agreement shall not be construed as a commitment, issue or obligation of any
specific taxes or tax revenues for payment to LCH. The payments to be made to LCH, if paid,
shall be made solely from annual appropriations from the general funds of the City or from such
other funds of the City as may be legally set.aside for the implementation of Article III, Section
52a of the Texas Constitution or Chapter 380 of the Local Government Code or any other
economic development or financing program authorized by statute or home rule powers of the
City under applicable Texas law, subject to any applicable limitations or procedural requirements.
In the event that the City does not appropriate funds in any fiscal year for payments due under this
Agreement, such failure shall not be considered a default under Section 6.3, and the City shall not
be liable to LCH for such payments otherwise due during such fiscal year; however, the term of
this Agreement shall be extended one (1)year for each year the City fails to appropriate funds for
payments otherwise due under this Agreement. LCH shall also have the right but not the
obligation to rescind this Agreement. To the extent there is a conflict between this paragraph and
any other language or covenant in this Agreement, this paragraph shall control.
5.3 Utility Services for the Property. The City shall provide water and wastewater
service to LCH for the Project, subject to the same impact fees, utility rates and service charges
assessed for water and waste water to similarly situated properties.
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5.4 Permitting. The City shall cooperate with LCH to expeditiously process all City
permit applications and City inspections.
5.5 EIP Recapture. In the event the City terminates this Agreement as a result of
LCH's default,the City may recapture and collect from LCH the Recapture Liability. LCH shall
pay to the City the Recapture Liability within thirty (30) days after the City snakes demand for
same, subject to any and all lawful offsets, settlements, deduction, or credits to which LCH may
be entitled. Notwithstanding anything herein to the contrary, such Recapture Liability shall not
exceed, in the aggregate, an amount equal to all EIPs that were paid pursuant to this Agreement
from the Effective Date to the date of termination (together with interest thereon to be charged at
the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of
the State of Texas,but without the addition of a penalty). The City shall have all remedies for the
collection of the Recapture Liability as provided generally in the Tax Code for the collection of
delinquent property taxes.
6. Miscellaneous.
6.1 Mutual Assistance. The City and LCH will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement, and to aid and assist
each other in carrying out such terms and provisions in order to put each other in the same
economic condition contemplated by this Agreement regardless of any changes in public
policy,the law, or taxes or assessments attributable to the Property.
6.2 Representations and Warranties. The City represents and warrants to LCH that
the Program and this Agreement are within its authority, and that it is duly authorized and
empowered to establish the Program and enter into this Agreement, unless otherwise
ordered by a court of competent jurisdiction. LCH represents and warrants to the City that
it has the requisite authority to enter into this Agreement.
6.3 Default. If either the City or LCH should default in the performance of any
obligations of this Agreement, the other party shall provide such defaulting party written
notice of the default,and a minimum period of thirty(30)days to cure such default,prior to
instituting an action for breach or pursuing any other remedy for default. If the City
remains in default after notice and opportunity to cure, LCH shall have the right to pursue
any remedy at law or in equity for the City's breach. If LCH remains in default after notice
and opportunity to cure, the City's remedy shall initially be limited to suspension of the
ETPs that accrue after the date of such default until such default is cured. After any such
default is cured,the City shall promptly forward any such suspended payment to LCH. If
LCH's default is not cured within sixty(60) days after LCH's receipt of a second notice of
default from the City that clearly and conspicuously indicates the City's intention to
terminate this Agreement, the City may terminate this Agreement by giving LCH written
notice of such termination prior to the date LCH cures such default. Any EIPs from City to
LCH which is not timely paid by City(unless due to LCH's default)shall accrue interest at
the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax
Code of the State of Texas, but without the addition of a penalty from the date such ETPs
are due until paid. Any funds owed by LCH to the City which are not timely paid by LCH
shall accrue interest at the statutory rate for delinquent taxes as determined by Section
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33.01 of the Property Tax Code of the State of Texas,but without the addition of a penalty
from the date such funds are due until paid.
6.4 Attorney's Fees. In the event any legal action or proceeding is commenced
between the City and LCH to enforce provisions of this Agreement and recover damages
for breach, the prevailing party in such legal action shall be entitled to recover its
reasonable attorney's fees and expenses incurred by reason of such action, to the extent
allowed by law.
6.5 Entire Agreement. This Agreement contains the entire agreement between the
parties. This Agreement may only be amended, altered or revoked by written instrument
signed by the City and LCH.
6.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the
parties,their respective successors and assigns.
6.7 Assignment. LCH may assign all or part of its rights and obligations to a third
party with the express written consent of the City(which consent shall not be unreasonably
withheld, conditioned or denied). If the proposed assignee is an affiliated entity under the
common control of the assignor,the City shall consent to an assignment if the assignor is in
compliance with all terms of this Agreement. A collateral assignment of this Agreement
under the terms of a loan shall not be an assignment for purposes of this Section.
6.8 Amendment. This Agreement may be amended by the mutual written agreement
of the parties.
6.9 Termination. In the event LCH elects not to proceed with the Project as
contemplated by this Agreement,LCH shall notify the City in writing of such election,and
this Agreement and the obligations on the part of both parties shall thereafter be deemed
terminated and of no further force or effect. Notwithstanding the above,in the event LCH
does not substantially complete the construction of the Project and open for the business by
December 311 2018 (subject to delays caused by an event of force majeure), the City may
terminate this Agreement by giving LCH notice thereof prior to the date the Project is
opened for business.
6.10 Notice. Any notice and or statement required and permitted to be delivered shall be
deemed delivered by actual delivery, facsimile with receipt of confirmation, or by
depositing the same in the United States mail, certified with return receipt requested,
postage prepaid, addressed to the appropriate party at the following addresses:
If to City: City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Attn: City Manager
Phone: (512)218-5400
Email: citymanager@roundrocktexas.gov
7
With a required copy to:
Sheets &Crossfield
309 E. Main Street
Round Rock, TX 78664
Attn: Stephan L. Sheets
Phone: (512)255-8877
Email: steve@scrrlaw.com
If to LCH: RRTX Lake Creek
1209 East Caesar Chavez St.
Austin,TX 78702
Phone: (830)279-2261
Email: bree.carrico(c,,,alexamgmt.com
With required copies to:
Bree Carrico
1805 W. 33rd St.
Austin, TX 78703
Phone: (830)279-2261
Email: bree.carrico@alexamglnt.com
Either party may designate a different address at any time upon written notice to the other
Ply•
6.11 Interpretation. Each of the parties has been represented by counsel of its choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute,
regarding its meaning or application,be interpreted fairly and reasonably and neither more
strongly for or against either party.
6.12 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County, Texas.
6.13 Severability. In the event any provisions of this Agreement are illegal, invalid or
unenforceable under present or future laws, it is the intention of the parties that the
remainder of this Agreement shall not be affected. It is also the intention of the parties of
this Agreement that in lieu of each clause and provision that is found to be illegal, invalid
or unenforceable, a provision be added to this Agreement which is legal, valid or
enforceable and is as similar in terms as possible to the provision found to be illegal,
invalid or unenforceable.
6.14 Paragraph Headings. The paragraph headings contained in this Agreement are
for convenience only and will in no way enlarge or limit the scope or meaning of the
various and several paragraphs.
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6.15 No Third Party Beneficiaries. This Agreement is not intended to confer any
rights,privileges, or causes of action upon any third party.
6.16 Force Majeure. Except as otherwise provided herein, an equitable adjustment
shall be made for delay or failure in performing if such delay or failure is caused,
prevented, or restricted by conditions beyond that Party's reasonable control (an "event of
force majeure'). An event of force majeure for the purposes of this Agreement shall
include, but not be limited to, acts of God, fire; explosion; vandalism; storin or similar
occurrences; orders or acts of military or civil authority; changes in law, rules, or
regulations outside the control of the affected Party;national emergencies or insurrections;
riots; acts of terrorism; or supplier failures, shortages or breach or delay. Except as
otherwise expressly provided herein, there shall be an equitable adjustment allowed for
performance under this Agreement as the result of any event of force majeure
6.17 Exhibits. The following Exhibits A-E are attached and incorporated by reference
for all purposes:
Exhibit A: City Resolution No. ?.- Lb 5f)
Exhibit B: City Resolution No.
Exhibit C: LCH Property Description
Exhibit D: Job Compliance Affidavit
Exhibit E: Certificate of Compliance
6.18 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create any partnership or joint venture
between the parties. The City, its past, present and future officers, elected officials,
employees and agents of the City,'do not assume any responsibilities or liabilities to any
third party in connection with the development of the Project or the design,construction or
operation of any portion of the Project.
EXECUTED to be effective as of the day of ,2018. (the
"Effective Date").
(SIGNATURES ON FOLLOWING PAGES)
9
CITY OF ROUND ROCK, TEXAS,
a home rule city and municipal corporation
By:
_ 4 M
Craig Aiorgan,M or
APPTrD as to f rm:
Stephan L Sheets, City Attorney
10 �—
RRTX Lake Cre Hotel, LP
t
By:
Its: Manager
Date: January 11,2018
11
EXHIBIT
«A„
RESOLUTION NO. R-2018-5239
WHEREAS, RRTX Lake Creek Hotel, LP, ("LCH") has expressed to the City of Round
Rock ("City") its desire to locate an upscale boutique hotel ("Hotel") to the City which will
provide jobs and additional tax base to the City, and
WHEREAS, §380.001 Local Government Code provides that a municipality may
establish an economic development program ("Program") to promote local economic
development and to stimulate business and commercial activity in the municipality, and
WHEREAS, the City Council has determined that the Program described in Exhibit "A"
will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the City offers to LCH a §380.001 Program in exchange for LCH locating the
"Ruby Hotel" in the City, and
BE IT FURTHER RESOLVED
That the offer of the Program shall be as generally outlined in Exhibit "A" attached
hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
0112.1804;00396429
RESOLVED this 8th day of March, 2018.
CRAIG O4Rck,
ayor
City of ouTexas
ATTEST:
wme:�'-- w%s
SARA L. WHITE, City Clerk
2
EXHIBIT A
ECONOMIC DEVELOPMENT PROGRAM
The terms of the §380.001 Economic Development Program to be offered to RRTX
Lake Creek Hotel, LP ("LCH") in exchange for LCH's locating an upscale boutique hotel
("Hotel") in the City of Round Rock are as generally outlined below:
1. LCH's obligations:
1.1. LCH agrees to purchase a tract of land containing approximately 3.0 acres (the
"Property"), as described in Exhibit 1.
1.2 LCH agrees to construct the Hotel and convention center with 39 hotel rooms (the
"Project").
1.3 LCH agrees to invest at least $4,500,000 in Project improvements.
1.4 LCH agrees to employ at least 3 5 full-time equivalent employees in the Hotel.
2. City's obligations:
2.1 City shall, pursuant to Chapter 380 of the Texas Local Government Code, but
subject to the conditions set out herein, make annual EIPs to LCH within thirty
(30) days after LCH submits to the City the Job Compliance Affidavit, the
Certificate of Compliance, and HOT Tax returns reflecting the tax generated by
the Project and actually paid to the City. The EIPs will be a percentage of the
HOT tax collected by LCH and actually paid to the City as set forth below:
Year Percentage of HOT Tax Paid
2019 75%
2020 75%
2021 50%
2022 50%
2.2 City shall, pursuant to Chapter 380 of the Texas Local Government Code, but
subject to the conditions set out herein, make annual EIPs to LCH within thirty
(30) days after LCH submits to the City the Job Compliance Affidavit, the
Certificate of Compliance, and Ad Valorem Tax returns reflecting the tax
generated by the Project and actually paid to the City. The EIPs will be a
percentage of the Ad Valorem Tax actually paid to the City as set forth below:
3
Year Percentage of Property Tax Paid
2019 75%
2020 50%
2021 50%
2022 50%
2.3 City shall waive up to $13,000.00 in development application fees.
3. The terms and provisions of this Program will be set out in more detail in the Economic
Development Program Agreement of even date herewith.
4
EXHIBIT
RESOLUTION NO. R-2018-5240
WHEREAS, RRTX Lake Creek Hotel, LP ("LCH") plans to construct a boutique hotel in the
City which will provide jobs and additional tax base ("Project"); and
WHEREAS, the purpose of this Resolution is to approve an economic development agreement
as contemplated by Chapter 380 of the Texas Local Government Code whereby LCH will expend
significant sums to construct and operate the Project in conformance with the City's development
approvals for the Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, an Economic
Development Program Agreement with LCH, a copy of same being attached hereto as Exhibit"A"and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 8th day of March, 2018.
/Z,It,
CRAIG ORGM
ayor
City of Round ck, Texas
ATTEST:
--<�qgAIL - R
SARA L. WHITE, City Clerk
0112.1804,00396439
EXHIBIT C
(Property Description)
18
2.73 ACRES OUT OF THE WIWE HARRIS SURVEY,ABSTRACT NO.298 EN WILLIAMSON COUNTY,TEXAS,BONG PART OF BLOCKS 9 AND 10 OF THE WASHINGTON ANDERSON JOD HO:16549
ADDMON,AN UNRECORDED SUBDIVISION IN THE CITY OF ROUND ROCK,BEING ALL OF THAT TRACT CALLED 0.53 ACRES IN A DEED TO JIMMY U.BOLES RECORDED IN ORAAt1:POb
DOCUMENT NO.2013102467,0190 THAT TRACT CALLED 2.198 ACRES IN A DEED TO JIMMY MELVIN BOLES RECORDED IN DOCUMENT NO.2016000943,AND THAT TRACT
CALLED 0,510 ACRES IN A DEED TO JIMMY MELVIN BOLES RECORDED IN DOCUMENT NO.2016000944,ALL OF THE OFFlCoL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS. t.C..CC
PAGE 3 OF 3
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EXHIBIT D
JOB COMPLIANCE AFFIDAVIT
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY
PERSONALLY APPEARED (NAME) ,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED
BELOW AND AFTER HAVING BEEN DULY SWORN, ON HIS/HER OATH
STATED AS FOLLOWS:
1. "MY NAME IS . I AM OVER THE AGE OF
21 YEARS AND AM CAPABLE OF MAKING THIS AFFIDAVIT. THE FACTS
STATED IN THIS AFFIDAVIT ARE WITHIN MY PERSONAL KNOWLEDGE
AND ARE TRUE AND CORRECT.
2. "I AM THE (TITLE) OF RRTX LAKE
CREEK HOTEL, LP, AND I AM DULY AUTHORIZED TO MAKE THIS
AFFIDAVIT.
3. "AS OF DECEMBER 31, 20_, RRTX LAKE CREEK HOTEL, LP HAD
THE FOLLOWING JOB POSITIONS:
EMPLOYEE ID NO. JOB POSITION OR TITLE
19
EMPLOYEE ID NO. JOB POSITION OR TITLE
TOTAL JOBS
DATED THIS DAY OF
(PRINTED NAME)
(TITLE)
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS THE DAY
OF 920 .
NOTARY PUBLIC, STATE OF TEXAS
20
EXHIBIT E
CERTIFICATE OF COMPLIANCE
My name is . I am over the
age of 21 years and am capable of making this Certificate. The facts stated in this
Certificate are within my personal knowledge and are true and correct.
Pursuant to that certain Economic Development Program Agreement (the
"Agreement") between RRTX Lake Creek Hotel, L.P. ("LCH") and the City of Round
Rock, the undersigned hereby certifies to the City that at the time of delivery of this
Certificate,LCH is in compliance in all material respects with each of its obligations under
the Agreement.
Attached to this Certificate as Attachment 1 is the documentation necessary to
reflect the statutory activities conducted by LCH within the calendar year immediately
preceding delivery of this Certificate as required by Section 4.7 of the Agreement.
Dated this day of , 20
By: (Signature)
(Printed Name)
(Title)
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS THE DAY
OF ,20_.
NOTARY PUBLIC, STATE OF TEXAS
21
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-319032
RRTX Lake Creek Hotel, LP
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/26/2018
being filed.
City of Round Rock Date Acknowledged:
03/01/2018
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Ruby Hotel
Property tax abatement, HOT rebate,waiver for certain development fees
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-319032
RRTX Lake Creek Hotel, LP
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/26/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Ruby Hotel
Property tax abatement,HOT rebate,waiver for certain development fees
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is b r , and my date of birth is
My address is t�(� ,� T l�� �. (� U"n
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
C C
Executed in I `ry t ) County, State of ,on th day of��hf t1C�Rf -,20
(month) ' (year)
0
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523