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<br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />IV. Hotel. <br /> <br />Hammons would be obligated to construct, fixture and operate a ten-story, "upscale" <br />hotel containing a minimum of two hundred fifty (250) rooms at the Project Site together with all <br />ancillary facilities necessary or appropriate for the proper operation thereof and specifically <br />including, but not limited to, a restaurant, day spa, recreational amenities and adequate on-site <br />parking (collectively, the "Hotel"). The Hotel would be operated under either a Marriott <br />Renaissance or Embassy Suites franchise and be designed with an architectural style appropriate <br />to the Central Texas Hill Country setting of the Project Site. In addition, the Hotel would be <br />required to be constructed and furnished in accordance with design and construction details and <br />specifications set forth in the definitive agreements which would be consistent with design and <br />construction standards typical for an upscale, hotel facility. The final design ofthe Hotel, and all <br />design and construction details and specifications for same, would be subject to City approval. <br /> <br />V. Conference Center. <br /> <br />The City would be obligated to construct a Conference Center and related improvements, <br />including parking areas and all furniture, fixtures and equipment necessary for the operation <br />thereof (collectively, the "Conference Center") contiguous to the Hotel. Such Conference Center <br />would include one (1) large ballroom sufficient to lawfully accommodate 1,000 people for a <br />banquet-style event and additional smaller meeting rooms of a number which would be specified <br />by the parties in the definitive agreements. The Conference Center would be constructed by the <br />City using the design-build contracting procedures authorized under Texas law. The City's <br />obligation to construct the Conference Center would be subject to and conditioned upon (i) the <br />land upon which the Conference Center would be constructed (said land and related adjacent <br />land being herein called the "Conference Center Site") being donated to the City on terms <br />acceptable to the City; and (ii) the City obtaining all requisite governmental approvals necessary <br />to construct the Conference Center. The City would only be responsible for the first <br />$15,000,000.00 of costs incurred in connection with the design, construction and fixturing of the <br />Conference Center if the design-build contractor is acceptable to Hammons in his reasonable <br />discretion. Hammons would pay all costs in excess of $15,000,000.00 incurred in connection <br />with the design, construction and fixturing of the Conference Center if the design-build <br />contractor is acceptable to Hammons in his reasonable discretion. <br /> <br />The donation of the Conference Center Site would be made in compliance with all <br />applicable laws and would be on terms reasonably acceptable to the City and would be further <br />conditioned on the City satisfying itself that no environmental concerns exist with any of the <br />Conference Center Site. The Conference Center Site would have to have legal access to a public <br />road sufficient to accommodate the vehicular traffic expected to be generated by the Conference <br />Center. Hammons would be obligated to comply with the City's master plan and subdivision <br />requirements with respect to the Project Site including, without limitation, platting the <br />Conference Center Site and the Hotel site as separate legal lots prior to the conveyance of the <br />Conference Center Site to the City. Hammons would be obligated to transfer good and <br />indefeasible title to the Conference Center Site to the City free and clear of all liens and <br />encumbrances other than those acceptable to the City. Hammons would also be obligated to <br />purchase an Owner's Policy of Title Insurance on the Conference Center Site for the City in the <br /> <br />3 <br /> <br />69311413 <br />