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Contract - RRTX Lake Creek Hotel, LP - 12/5/2024 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding("MOU")is made by and between the City of Round Rock,a Texas home rule municipal corporation (the "City") and RRTX Lake Creek Hotel, L.P., a Texas limited partnership ("LCH"), collectively referred to as the"Parties." RECITALS WHEREAS,LCH previously entered into an Economic Development Program Agreement with the City on March 18,2018,providing certain incentives to LCH in consideration for LCH's investment of$4,5000,000.00 in the construction of an upscale boutique hotel in the City located at 400 Fannin Avenue (the "Hotel"); and WHEREAS,on November 4, 2022, LCH's Economic Development Program Agreement was extended through December 31,2023; and WHEREAS, LCH desires to expand its facilities and develop an event center for guests utilizing an existing building located on a tract of land adjacent to the Hotel (the"Event Center"); and WHEREAS,LCH has under contract that adjacent tract consisting of approximately 1.028 acres located at 408 Fannin Avenue(the "Property"); and WHEREAS,the City desires businesses such as LCH to stay and grow within the City;and WHEREAS, the City is willing to grant certain incentives to LCH for the successful development of the Event Center and continued growth of the Hotel; and WHEREAS, the parties acknowledge that the terms and conditions listed herein are not legally binding against either party,but merely serve as a memorandum of the current understanding of the parties; NOW THEREFORE,the City and LCH agree to work cooperatively and in good faith to draft and approve future agreements and to develop the Event Center in the manner set forth herein. ARTICLE I GENERAL SCOPE OF FACILITY 1.01 The Event Center will be developed utilizing an existing building located on approximately 1.028 acres at 408 Fannin Avenue adjacent to the Hotel. {� -22q- 333 4855-8153-3690 ARTICLE II LCH'S INTENTIONS 2.01 LCH intends to purchase of the Property. 2.02 LCH intends on selling to the City a portion of the Property adjacent to Brushy Creek for a bridge landing for the City's trail system. 2.03 LCH intends to develop the Event Center on the Property utilizing the existing building. 2.04 LCH intends to meet any performance metrics required by the City related to the Event Center as a condition of the incentives set forth herein. 2.05 LCH intends to comply with all the previous requirements set forth in the March 18, 2018,Economic Development Program Agreement related to the Hotel,including but not limited to, provision of jobs, maintaining continuous operation of the Hotel and Event Center, minimum standards of the Hotel, compliance with reports requested by the City, and compliance with State laws. ARTICLE III CITY INTENTIONS 3.01 In consideration of LCH performing as set forth in Article II above,the City intends to enter into a new economic development incentive agreement to include provisions as set forth below. 3.02 The City will provide LCH with a loan in an amount not-to-exceed$2,000,000 to be utilized for the Event Center and purchase of Property, in the form of a real estate lien note at the Secured Overnight Financing Rate (SOFR) plus one percent(1%), secured by a first lien deed of trust on the Property.The loan must be paid back in full to the City within four(4)years,and upon timely repayment of the loan and successful performance of all required performance metrics, all interest will be forgiven by the City. 3.03 The City intends to enter into a Texas Local Government Code Chapter 380 Economic Development Program Agreement enforceable without annual appropriations, to the extent allowed by applicable law. Said Agreement will set forth the terms of the loan described in 3.02 above and provide for annual performance based program payments to LCH for calendar years 2024 through 2029 in amounts equal to seventy-five percent(75%)of the Hotel Occupancy Tax and Property Tax paid by LCH for each of those calendar years. 2 ARTICLE IV LEGAL EFFECT OF MOU 4.01 This MOU is intended to provide an outline of the current understanding of the parties hereto and is not intended to legally bind the parties to the terms and conditions stated herein. The parties,however,agree that the terms and conditions stated herein are reasonable and provide an outline for future actions by the parties. [Remainder of the page intentionally left blank.] 3 Executed and effective this 5th day of December, 2024. CITY OF ROUND ROCK,TEXAS By: . A M Cr ig Mor r ayor RRTX LAKE CREEK HOTEL,L.P. By: 11/26/24 Bree Carrico, Manager 4