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Ordinance No. 12,595ORDINANCE NO. 12,595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH QUAD HOTELS, LLC, AND BAYTOWN EQUITY INVESTMENTS, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Chapter 380 Economic Development Agreement with Quad Hotels, LLC, and Baytown Equity Investments, LLC. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment in accordance with the agreement authorized in Section 1 hereinabove. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14`h day of August, 2014. M ., Mh Rt EDES RENTERIA III, Mayor Pro Tem ATTEST: a,,�• ••••.0 Y; '•�cQ m: a� � r � LETICIA BRYSCH, City 1 a •? qS x}~••Sd�1'� APPROVED AS TO FORM: 4V �40 0�� e-WNACIO RAMIREZ, SR., ttorney R: \Karen \FileslCity Counci110rdinances\2014\August 14\ Marriot t380EconomicDevelopmentAgreementOrdinance .docx Exhibit "A" CITY OF BAYTOWN / QUAD HOTELS, LLC / BAYTOWN EQUITY INVESTMENTS, LLC CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Chapter 380 Economic Development Agreement ( "Agreement ") is made and entered into by and among QUAD HOTELS, LLC, a Texas limited liability company, and BAYTOWN EQUITY INVESTMENTS, LLC, a Texas limited liability company (collectively hereinafter referred to as the "DEVELOPER ") and the CITY OF BAYTOWN, TEXAS, a home rule city and municipal corporation ( "CITY "). RECITALS WHEREAS, DEVELOPER is contemplating constructing the Project, as hereinafter defined) on a certain tract of land totaling approximately 5.83 acres within the City of Baytown, located as generally depicted on the aerial map marked as Exhibit "A" attached hereto and incorporated herein for all purposes ( "Property"); and WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Gov't Code, CITY may establish and provide for the administration of a program for making loans and grants of public money to promote state or local economic development and to stimulate business and commercial activity in the City of Baytown; and WHEREAS, in accordance with Chapter 380, Texas Local Gov't Code, CITY hereby establishes such a program to provide incentives and financial assistance to DEVELOPER to encourage and promote the development of the Property thereby enhancing and stimulating business and commercial activity in the City of Baytown; and WHEREAS, as part of the Program and as a material inducement to DEVELOPER developing the Project, as hereinafter defined, on the Property, CITY has agreed to offer incentives to DEVELOPER, including, but not limited to, a sales tax and a hotel occupancy tax rebate, and a waiver of building permit and plan review fees, which will enable DEVELOPER to develop the Project on the Property; and WHEREAS, DEVELOPER has agreed, in exchange and as consideration for funding by CITY to satisfy and comply with certain terms and conditions, including the construction of the Project as hereinafter defined; and WHEREAS, CITY and DEVELOPER agree that the provisions of this Agreement substantially advance a legitimate interest of CITY by expanding the property tax base, the hotel occupancy tax base, and sales and use tax base of CITY, increasing employment and promoting economic development; 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, CITY and DEVELOPER agree as follows: I. Recitals 1.01 Recitals. The recitals set forth above are declared true and correct and are hereby incorporated into and made a part of this Agreement. 1.02. Public Pumose. CITY finds that the benefits provided by DEVELOPER and described in Article IV promote economic development in the City of Baytown and stimulate business and commercial activity in the municipality. II. Authority 2.01 CITY. CITY's execution of this Agreement is authorized by Chapter 380 of the Texas Local Government Code and constitutes a valid and binding obligation of CITY. 2.02 DEVELOPER. DEVELOPER'S execution and performance of this Agreement constitutes a valid and binding obligation of DEVELOPER. M. Definitions 3.01 "Code" means the Code of Ordinances of the City of Baytown, Texas, as exists on the Effective Date and as thereafter amended. 3.02 "Effective Date" is , 2014. 3.03 "FTE' means full -time equivalent employee working 35 hours per week at the Project. FTE's shall be quotient of the total numbers of hours worked per week by all employees at the Project divided by 35 hours. 3.04 "HCAD" means the Harris County Appraisal District, or its successor. Chanter 390 Economic Develnnment Aareemea Page 2 3.05 "Hotel Occupancy Tax" or "HOT" means the tax authorized pursuant to Chapter 351 of the Texas Tax Code and levied pursuant to Article III, Chapter 90 of the Code of Ordinances, Baytown, Texas. 3.06 "Program" means the economic development program for this Project established by CITY pursuant to Texas Local Government Code Chapter 380 to promote local economic development and stimulate business and commercial activity within CITY. 3.07 "Project' means DEVELOPER's construction and operation of the TownePlace Suites and Conference Center on the Property, which facility shall include at least 9,000 square feet of public meeting space coupled with a kitchen. 3.08 "Property" means that property located within the City of Baytown, Harris County, Texas, and more particularly described and depicted in Exhibit "A" 3.09 "Sales and Use Tax" means the one percent (10/6) sales and use tax authorized pursuant to Section 321.101(a) of the Texas Tax Code. Iv. DEVELOPER Obligations The obligations of the DEVELOPER in this Agreement shall be the joint and several obligations and liabilities of Quad Hotels, LLC, and Baytown Equity Investments, LLC. 4.01 Project. a. Construction. DEVELOPER shall: 1. commence construction of the Project on or before June 30, 2015; and 2. have completed 100% construction of the Project on or before October 1, 2016. It is understood and agreed that the dates for commencement and completion of construction of the Project as established in this section may be changed if both parties agree in writing. b. Configuration and Mitigation of Traffic Impacts. DEVELOPER shall use its best efforts to ensure that the Project shall be situated on the Property so that the conference center will have adequate signage on Garth Road to direct conference center attendees to the site. In furtherance of the Project, DEVELOPER will take action to endeavor to mitigate impacts and improve traffic flows at the Garth Road and Interstate 10 intersection. Chanter 390 Ecomnic Development A uwmenL Page 3 �/ Q i ?r 1 C. Building Standards. CITY and DEVELOPER shall agree in writing upon the applicable building quality standards, including the Project's exterior, interior, technology and signage components, which standards shall meet or exceed the requirements of the Code. The design of the conference center building expansion will be such that it is recognizable as conference meeting space to the traveling public. Before a building permit will be issued for the Project, DEVELOPER must obtain CITY's written approval of the architectural plans and building standards for the Project. Once approved by CITY, such plans and standards, which impact the location, layout, functionality use and/or size, may not be changed without the express written consent of CITY. CITY shall designate a representative to be CITY'S point of contact for DEVELOPER on this Project, who shall review and make revisions and/or suggestions on submitted plans within ten (10) business days of DEVEOPER's submission. 4.02 Creation of Jobs. Between the Effective Date and one year after the date the certificate of occupancy is issued for the Project, DEVELOPER will cause the creation and/or retention of at least 25 FTE jobs at the Project, which shall be maintained for the term of this Agreement. DEVELOPER in filling the FTE's created shall give preference to Baytown residents over other applicants who do not have greater qualifications so that at all times at least forty-five percent (45 %) of the employees of DEVELOPER are selected based upon this preference to hire persons, who reside within the corporate limits or extraterritorial jurisdiction of the City of Baytown. In the event of a voluntary or involuntary termination or elimination of a job after the date of the issuance of the certificate of occupancy for the project that causes the number of FTE's to fall below 25, DEVELOPER shall continue to receive the incentives set out in Article V below, provided the required number of FTE's is re- established within one hundred twenty (120) days after the date of the termination or elimination that caused the FTE's to fall below 25. DEVELOPER shall report in writing the number of FTE's and the percentage of employees residing within the corporate limits and/or the extraterritorial jurisdiction of the City of Baytown, each quarter during the term of this Agreement. 4.03 Creation of Taxable Value. a. Minimum Value Created. From and after completion of the construction of the Project, the taxable improvement value of the Project, exclusive of business personal property and inventory, shall be at least SEVEN MILLION TWO HUNDERED FIFTY THOUSAND AND N01100 DOLLAR ($7,250,000.00), as assessed by HCAD. The Project must maintain that value throughout the term of this Agreement. The determination of whether the minimum values established in this section have been satisfied shall be determined by the taxable value as assessed by HCAD. Chapter 390 Fmnomic Develomnmt A mm Page 4 .�P b. Adousted Minimum Value. If the total appraised value of property within CITY as certified by HCAD in any tax year during years 3, 4 or 5 of this Agreement decreases from the previous tax year by 10% or more, then the minimum value established in subsection a of this section shall be decreased commensurate with the percentage decrease in the total appraised value of property within CITY as certified by HCAD for that year or the percentage decrease in the total appraised value of the Project, whichever is less. If the minimum value is adjusted downward pursuant to this subsection during the term of this Agreement and the total appraised value of property within CITY as certified by HCAD in any subsequent tax year increases from the previous tax year, the minimum value will be increased commensurate with the percentage increase in the total appraised value of property within CITY as certified for HCAD for that year; provided that the required minimum value will never exceed the amount to which the parties agreed in subsection a of this section. 4.04 Tourist Information Kiosk. As part of the consideration provided to CITY for entering into this Agreement, DEVELOPER agrees to provide mutually agreed upon space for the display and dissemination of Baytown tourist information throughout the term of this Agreement. 4.05 Tourism Office. As part of the consideration provided to CITY for entering into this Agreement, DEVELOPER agrees to provide CITY tourism office space at the Project for a period of five (5) years from the date of the issuance of the certificate of occupancy for the Project. The size and location shall be agreed to by the parties. After the five -year period, DEVELOPER agrees to continue to provide CITY tourism office space for a nominal rental charge to be agreed upon by the parties. 4.06 Use of Meeting Space and Services. As part of the consideration provided to CITY for entering into this Agreement, DEVELOPER agrees to provide CITY for a period of five (5) years commencing on the date of the issuance of the certificate of occupancy for the Project: a. a 40% discount on the meeting space room rental charges at the Project for up to twelve (12) events per year, based upon availability; and b. a 25% discount on food, beverages, and in -house audio- visual and other equipment pricing at the Project for up to twelve (12) events per year. After the five -year period, DEVELOPER agrees to continue to provide meeting space at the Project to the City for a period of five (5) calendar years and to provide food, beverages, and audio - visual and other equipment at the Project for a discounted rate to be agreed upon by the parties. Mu: :1 ..M.n •.-f -) M it •i- 7, kl�f (a) DEVELOPER shall annually deliver to CITY a Certificate of Compliance utilizing the form attached as Exhibit B. The form is subject to revision by CITY in its sole discretion in order to ensure DEVELOPER'S compliance with this Agreement. (b) In the Certificate of Compliance, DEVELOPER shall warrant to CITY whether it is in full compliance with each of its obligations under this Agreement, including, but not limited to, those specified in Sections 4.01 through 4.06 of this Agreement. (c) CITY and/or its representative(s) have the right to inspect only such facilities and pertinent records of DEVELOPER as are reasonably necessary to verify compliance with all requirements of this Agreement. Inspections shall be preceded by at least two (2) weeks' notice in writing to DEVELOPER. DEVELOPER shall make copies of the pertinent records available to CITY at the Project or deliver them directly to CITY. 4.08 Failure to Meet Obligations. In the event that DEVELOPER fails to fulfill its obligations under the performance guidelines contained in Article IV after receipt of notice and expiration of the cure period described in Section 6.02 below, CITY may, at its option, terminate this Agreement, whereupon DEVELOPER shall be required to reimburse CITY within thirty (30) days for the HOT Grants paid by CITY pursuant to this Agreement in accordance with the following schedule based upon the year of the breach: V. CITY Obligations 5.01 Economic Development Grants. As consideration for DEVELOPER's performance of its obligations under this Agreement, CITY will provide the following grants to DEVELOPER pursuant to Chapter 380 of the Texas Local Government Code, provided that DEVELOPER is not in default of its obligations under this Agreement: a. HOT Grant. CITY shall pay to DEVELOPER a HOT grant made solely from HOT revenues collected at the Project and received by CITY for occupancy of the Project. The HOT grant shall be paid on a quarterly basis beginning the first calendar quarter in which CITY receives HOT revenues for occupancy at the Project and ending five (5) years thereafter, unless this Agreement is earlier Chanter 390 Econnmic i_]e_._ Immment Awwment Page 6 terminated. The HOT grant for such five -year period shall be 100% of HOT revenues collected at TownePlace Suites and received by CITY plus 100% of HOT revenue increment over the base established in calendar year 2014 collected at SpringHill Suites and received by CITY. However, it is expressly understood and agreed that the total HOT Grant shall never exceed the cost of the construction and operation of the Project's conference center. b. BuyBaytown Grant. CITY shall pay to DEVELOPER a BuyBaytown Grant in the form of payments made solely from Sales and Use Taxes paid by DEVELOPER, either directly by DEVELOPER or indirectly through its contractors and/or subcontractors, for construction materials, furniture, fixtures and equipment for the Project purchased in the City of Baytown. To receive this grant DEVELOPER shall submit quarterly its receipts for the previous quarter along with a sworn statement signed by an officer of the DEVELOPER averring that (i) DEVELOPER purchased construction materials, furniture, fixtures and equipment for the Project in the City of Baytown, (ii) such construction materials, furniture, fixtures and equipment were incorporated or used in the Project, and (iii) the attached receipts evidencing the payment of Sales and Use Taxes for construction materials, furniture, fixtures and equipment for the Project in the City of Baytown are true and convect. CITY shall provide reimbursement within sixty (60) days of receipt of the information required herein. DEVELOPER shall submit its final BuyBaytown Grant request within ninety (90) days of CITY'S issuance of a certificate of occupancy for the Project. Late requests for the BuyBaytown Grant will not be funded and CITY shall not be liable for the same. C. Limitations on Grants. CITY's obligation to pay the HOT Grant to DEVELOPER shall be restricted to the HOT revenues collected at the Project and received by CITY for occupancy of the Project. Likewise, CITY'S obligation to pay the BuyBaytown Grant to DEVELOPER shall be restricted to the Sales and Use Taxes paid by DEVELOPER for construction materials, furniture, fixtures and equipment for the Project purchased in the City of Baytown. CITY shall not be obligated to pay either the HOT Grant or the BuyBaytown Grant from ad valorem taxes or any other source of revenue. Furthermore, the grants shall expire in accordance with their respective terms specified in Section 5.01. 5.02. Waiver of Certain CITY Fees. CITY shall waive the following fees that pertain to the construction of the Project. a. building permit fees as enumerated in Section 2 -595 (2)(a) of the Code; b. electrical permit fees as enumerated in Section 2- 595(2)(e) of the Code; C. plumbing permit fees as enumerated in Section 2- 595(2)(8) of the Code; d. mechanical permit fees as enumerated in Section 2- 595(2)(h) of the Code; e. fuel gas permit fees as enumerated in Section 2- 595(2)(1) of the Code; f. fence permit fees as enumerated in Section 2- 595(2)0) of the Code; and g. inspection and plan review fees as enumerated in Section 2- 595(2)(k) of the Code. Chanter 390 Frnnomic development Aareement Page 7 It is expressly understood and agreed that the waiver provided in this section does not waive water and wastewater impact fees or any fee not expressly enumerated hereinabove. VI. General Terms 6.01 T .M. This Agreement shall become enforceable upon execution by the City Manager of CITY and shall be effective on the Effective Date. Unless terminated earlier in accordance with its terns, this Agreement shall expire five (5) years after the first calendar quarter in which CITY receives HOT revenues for occupancy at the Project. 6.02 Default. If either CITY or DEVELOPER should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, specifying in detail the provision or provisions of this Agreement that have allegedly been breached and what specific action must be taken to cure or correct the default. If the alleged default is not cured within sixty (60) days of the receipt of the notice of default, the non - reaching party may terminate this Agreement in writing. If the Agreement is terminated due to a breach by DEVELOPER, DEVELOPER shall be required to reimburse CITY for all monies paid pursuant to Section 4.08 hereinabove. 6.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms of this Agreement are not intended to and shall not be deemed to create any partnership or joint venture among the parties. CITY, its past and future officers, elected officials, employees and agents do not assume any responsibilities or liabilities to any third party in connection with DEVELOPER facilities or the design, construction or operation of any portion of the facilities. 6.04 Entire A Bement. This Agreement contains the entire agreement between the parties. All prior negotiations, discussions, correspondence, and preliminary understandings between the parties and others relating hereto are superseded by this Agreement. This Agreement may only be amended, altered or revoked by written instrument signed by CITY and DEVELOPER. 6.05 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 6.06 Assignment. Except as provided below, DEVELOPER may not assign all or part of its rights and obligations to a third party without prior written approval of CITY, which approval shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary, DEVELOPER may assign all or part of its rights and obligations without the prior consent of CITY to an affiliate of DEVELOPER and to a third party lender advancing funds for the acquisition, construction or operation of the Project. i , , , pn T..,,, 7111 6.07 Release. Any waiver of sovereign immunity by CITY shall be governed by Local Gov't Code §271.152 and Texas Civil Practices and Remedies Code §101.021.. Nothing contained herein shall be construed in any way as an additional waiver of such immunity. DEVELOPER assumes full responsibility for its obligations under this Agreement performed hereunder and hereby releases, relinquishes, discharges, and holds harmless CITY, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character that is caused by or alleged to be caused by, arising out of, or in connection with DEVELOPER'S obligations hereunder. This release shall apply with respect to DEVELOPER'S work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 6.08 Force Maieure. Delays in the performance by either party of the obligations contemplated under this Agreement due to fire, flood, earthquake, unusual weather conditions which impair a party's ability to perform construction or business activities, unavailability of materials, equipment or fuel which impair a party's ability to perform construction or business activities, war, declaration of hostilities, revolt, civil commotion, strike, labor dispute, or epidemic, or because of any acts of God or for any other cause beyond the reasonable control of the party shall be deemed events of force majeure and such delays shall be excused only during the period which the party is prevented from performing its obligations hereunder. 6.09 Notice. Any notice and/or statement required or permitted to be delivered shall be deemed delivered by actual delivery, by 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: DEVELOPER: Quad Hotels, LLC Baytown Equity Investments, LLC 5169 East Freeway Bavtown. TX 77521 FAX: g - - 7400 Attn: CITY: City of Baytown P.O. Box 424 Baytown, TX 77522 FAX: 281 -420 -6586 Attn: City Manager Either party may designate a different address at any time upon written notice to the other Pte'• [GIMMM&NIA V.-.1.1.1 51 Py 0-7 -1 I.I.J., Pi I - =- �bl 6.10 Interpretation. Each of the parties has been represented by counsel of their 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, nor against any party. 6.11 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 the State courts of Harris County, Texas. 6.12 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, 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 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. 6.13 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. 6.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 6.15 Public Information. Records and information provided to CITY or its representative(s) to verify compliance with this Agreement shall be available for public inspection. 6.16 Exhibits. The following Exhibits "A" and `B" are attached and incorporated by reference for all purposes. 6.17 ulti IR a Originals. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. 6.18 Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. 6.19 Non - Waiver. Failure of either party hereto to insist on the strict performance of any of the agreements contained herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future Page 10 default or failure of performance. EXECUTED by the authorized representatives of the parties on the dates indicated below. ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney CITY OF BAYTOWN, TEXAS ROBERT D. LEIPER, City Manager (Date) QUAD HOTELS, LLC (Signature) k"T-I U L 'b . PATC— L (Printed Name) MEN &M (Title) as (S4 — 2a1!' (Date) it nu I R 1— . u Rll Wi I •i _'J BAYTOWN EQUITY INVESTMENTS, LLC (Signature) - &NrILA PA:E l (Printed Name) A-LE M &E-8 (Title) ©g -6q- 2a1� -f (Date) STATE OF TEXAS § S COUNTY OF HARRIS § Before me, the undersigned notary public, on this day personally appeared MCI in his capacity as ri j L- I-L& of QUAD HOTELS, LLC, a Texas limited liability company, known to me proved to me on the oath of or _ proved to me through his current i244jg e r [,-,, Pnitie-., {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my h f office this 4A ay of uG LI 2014. aste�a���a�on $,�rPUe�, NOTARYptJEUG * STATE of 0 2017 of t sly ► t°' tp GOMM• VP Notary Public in and for the State of Texas �� My commission expires,�-x,nf enktr'LLW /7 STATE OF TEXAS COUNTY OF HARRIS § Before me, I 11Ui• -Fib m r the undersigned notary public, on this day personally appeared - 0) e_ I in his capacity as m e NL be- of BAYTOWN EQUITY INVESTMENTS, LLC, a Texas limited liability company, Chanter 380 Fconomtc Deyelonment Agreement_ Page 12 known to me proved to me on the oath of or proved to me through his current') zy-�Dq, J)f; Je, 6,2pV > {description of Ide cation card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. �1 Given under my hand and seal of office this � day of GIST , 2014. 6eraiding B Elliott NOTARY PUBUC L( ' STATE OF TEA`S OF'�� MYCOMM.E���12017 otary Public in and for the State of Texas My commission expires:�'agwker 23 2bl / 1 kohfs0IU cgal?Karrn \Ftics\Contracts\Niartntt 380 AgrLementWamott 380 Agreement 07302014CIenn doc Chanter 380 Frnnomic Develonment Aereemcnt_ Page 13 W-' Exhibit "A" Plat and Drawing of the Marriott TownePlace Suites and Conference Center GARTH ROAD I B 11 a ', `'iii �•Innn :�F �1,..y.;p:��. :�: o o g o t �i Exhibit "A," Page Solo a Exhibit "B" Economic Development Agreement Reporting Form City of Baytown REPORTING YEAR 20 1.0 Employment. Number of FTE's at Project for reporting year: Percentage of FTE's who reside within Baytown and its ETJ 2.0 Improvement Value. HCAD improvement value for first year of the agreement: $ HCAD appraised value for subsequent reporting years: $ 3.0 Tourist Kiosk Space. Location provided 4.0 Tourism Office. Square feet provided 5.0 Use of Meeting Space and Services. Number of CITY events Meeting space: Cost without discount Amount paid by CITY Food, beverages, and audio-visual and other equipment Cost without discount Amount paid by CITY 6.0 Construction and Operation of Convention Center Construction cost of Convention Center Operation costs of Convention Center. We, the authorized representatives of hereby certify that the above information is correct and accurate pursuant to the terms of the Agreemen� QUAD HOTELS, LLC: (Signature) I.eA-N T-1 LA-L- (Nnted Name) (Title) Exhibit "R-" Page Solo BAYTOWN EQUITY INVESTMENTS, LLC: R&A6M (Signature) k"T-1L*L- ]:!�-2LIand-- (Printed Name) NKLYI-raz Kplft - - — - I Ktl-