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HomeMy WebLinkAboutLK Holdings - Development Agmnt (Hotel) RECORDED-7/17/2017\k. Clhl 0 \AX,Xt6VIDO Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. Doc ID: 008242790019 Type: GEN Recorded: 10/02/2017 at 04:19:45 PM Fee Amt: $97.00 Page 1 of 19 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2018-00005824 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between LK Holdings Waterloo, LLC, a Wyoming limited liability company (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and undertake acquisition and rehabilitation of an existing hotel property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of, or is in the process of acquiring ownership of, a 10 -story hotel and restaurant structure located on real property located at 205 W. 4th Street, Waterloo, described on Exhibit "A" attached hereto (the "Property"). The Company will undertake the Project (defined below) upon the Property. 2. Improvements by Company. Company shall upgrade and renovate the hotel lobby, rooms, restaurant and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $14,000,000, or at minimum amount required by the franchise to meet its property improvement requirements, a copy of which is attached hereto. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all development - related work to make the Property usable for Company's purposes as contemplated by (q'7) I `� this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement or after taking ownership of the Property, whichever occurs last, and shall substantially complete the Project within eighteen (18) months thereafter. 3. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 5 below. B. Economic development grants. For a period of twenty (20) years, City will make an annual grant to Company in an amount equal to the difference between the hotel -motel tax revenues actually generated by the hotel during the applicable fiscal year and the baseline tax of $125,000. Grant payments will start in "Year One" as defined in Section 5. City will make payment of each grant to Company within sixty (60) days after the close of City's fiscal year, provided that Company has furnished to City copies of Company's quarterly or monthly sales tax returns, as applicable, as filed with the State of Iowa with respect to each filing period during said fiscal year within ten (10) days after filing same. As to any year for which Company does not provide all returns by October 31 of the following fiscal year, City in its sole discretion may cancel the grant for the year of the deficient reporting if Company has not provided the returns within thirty (30) days after delivery of written notice from City. C. Parking. The parties agree to enter into a separate agreement for use of up to 200 non -reserved spaces in the connected parking ramps by patrons of the hotel and Waterloo Convention Center (the "Convention Center"). Because both facilities will be under management by Company, and or an affiliate of Company, no particular number of spaces is allocated herein between the facilities. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "13", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $10,000,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 2 Company agrees to sign the agreement attached as Exhibit "B" at closing. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 4, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 85% rebate for each of Years One through Twenty, inclusive, for any taxable value over the January 1, 2017 value of $1,617,050. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, and if Company fails to do so within thirty (30) days following delivery of written notice from City, Company's right to a rebate for that year will be forfeited in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Job Creation. Company agrees that it will hire no fewer than 100 employees to provide an adequate staffing level for operation of the hotel and Convention Center to a standard of quality established by the franchise standard more fully described in a separate development agreement between the parties with respect to the Convention Center. Company shall be free to assign or allocate its personnel between the facilities as it deems best for optimal operation of the two facilities, consistent with the quality standards referenced above. During each year that a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close of City's fiscal year, provide a written report to City showing the number of full-time (30 or more hours per week) and part-time employees that Company has on its payroll as of the last calendar day of each month during the reporting period. 7. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of 3 Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 8. Obligations Contingent and Cancellable. The following special conditions shall govern the benefits that are made available to Company hereunder: A. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. B. During the term of this Agreement Company must maintain the standard and corporate flag of Hotel RL by Red Lion, or a similar brand of equal quality as judged by the Lodging Approval Requirements & Diamond Rating Guidelines issued by the American Automobile Association ("AAA"), or similar standards or system of AAA in effect at any given time, and if it fails to do so and as a result the hotel flag changes to a lesser quality product, the City at its sole option may terminate this Agreement and cancel any additional benefits that accrue to Company under this Agreement. The parties acknowledge that the hotel will have and maintain a 4 -diamond rating from AAA. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 4 C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company may operate the hotel through a separate company affiliated with Company by common ownership and/or control, but Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall deliver written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Cross -Default. City and Company are parties to a certain development agreement with respect to the Convention Center (the "Center DA"). The parties agree that a default by Company under the Center DA shall constitute and be treated as a default under this Agreement. In the event of a default under either this Agreement or the Center DA, City shall be entitled to exercise any or all remedies available to it under either agreement or under applicable law. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1402 S. 13th Street, Omaha, NE 68108, Attn: Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC, 7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days 5 following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 6 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley F c e, City Clerk 7 KHe' By: , ATERLOO, LLC Leslie Managing Member of Leslie Hospitality Consulting, LLC, its Managing Member EXHIBIT "A' Legal Description of Property THE NORTHWESTERLY 13 FEET OF LOT 2 AND ALL OF LOTS 3, 4 AND 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPTING THAT PART OF SAID LOT 2 DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT ON THE NORTHEASTERLY LINE OF SAID BLOCK 8 THAT IS 86.50 FEET NORTHWESTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHEASTERLY LINE OF BLOCK 8 WITH THE NORTHWESTERLY LINE OF WEST 571 STREET IN SAID CITY AND RUNNING FROM POINT OF BEGINNING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 8, 22.125 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 2 WHICH IS 108,60 FEET NORTHWESTERLY FROM THE NORTHWESTERLY LINE OF SAID WEST 5TH STREET; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 22.10 FEET; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING. ALL THAT PART OF THE RIGHT-OF-WAY OF WEST 4TH STREET LYING ADJACENT TO LOT 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT THE NORTH CORNER OF SAID LOT 5, THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO THE WEST CORNER OF SAID LOT 5, THENCE NORTHWESTERLY ALONG AN EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 5, 34.13 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE EXISTING WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE RIGHT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 75 DEGREES, 13 MINUTES, 30 SECONDS ALONG A LINE WHICH IS PARALLEL WITH THE CENTERLINE OF THE WEST 4TH STREET PAVING 47.54 FEET; THENCE NORTHWESTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 11.11 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 5,18 FEET; THENCE SOUTHEASTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 6.38 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE LEFT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 104 DEGREES, 43 MINUTES, 50 SECONDS ALONG A LINE WHICH IS PARALLEL WITH SAID WEST 4TH STREET CENTERLINE, 6.18 FEET; THENCE NORTHEASTERLY ALONG A CURVE, CONCAVE SOUTHEASTERLY, TANGENT TO THE LAST DESCRIBED LINE AND HAVING A RADIUS OF 876.73 FEET, 73.34 FEET (ARC LENGTH) TO A POINT ON THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY 68.17 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 1 , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), LK HOLDINGS WATERLOO, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be Tess than $10,000,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before July 1, 2019. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2058. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Fel y Ie, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this i day of �� / , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. WATERLOO, LLC Leslie Managing Member of Leslie Hospitality Consulting, LLC, its Managing Member .-"'"` • NANCY HIGBY r ';, COMMISSION NO.788229 " '7_� ` MY COMMISSION EXPIRES lawn 2 1 ,,,ve__„, Notary' Public STATE OF 441)1.,(1C COUNTY OF &i C1[ `aarb ) ss. Acknowledged before me on 4-€44 a , 2017 by Edwin W. Leslie as Managing Member of Leslie Hospitality °onsulting, LLC, Managing Member of LK Holdings Waterloo, LLC. if.,A.T.: SHEWE L CRISMAN COMMISSION NO.7713700 Commtstcyrs Notary Public aPaf <s TARA JOHNSON z° .,••• Commission Expission Number ires • 467 I ♦rr 'twp. April 5, 2020 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Ten Million Dollars ($10,000,000.00). STATE OF IOWA COUNTY OF BLACK HAWK ) ) ss. Ass or for Black Hawk County, Iowa Date Subscribed and sworn to before me on l (9 - 2- - I ") , 2017, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. RL HC RED LION HOTELS CORPORATION Transition Date: 00/00/0000 PROPERTY IMPROVEMENT PLAN Prepared By Susan Rady Date PIP Type Physical HOTEL INFORMATION Applicant Edwin W. Leslie, CHA Applicant Phone Applicant Email Property Name Address City, State, Zip Phone Number Fax Number Corridor Type Pool / Spa Action Comments 1eleslie@leslie-hospitality.com Ramada Inn -Convention Ctr. 1205 W 4th St. Waterloo, IA 50701 208-343-1871 Interior 'Both # of Buildings # of Floors 44 of Rooms # of Bars # of Restaurants Meeting Space (Sq Ft) Fitness Center ADDITIONAL INFORMATION Brand 'Conversion 12/27/2016 281-468-4230 1 10 227 1 1 2,000 Yes RL Hotel was constructed in early 1980's and is reflective of architecture of that time. It was originally built as a Holiday Inn and re -flagged as Ramada about 10 years ago, at which time it underwent a renovation. The room mix consists of suites, jacuzzi rooms, kings and double/double units. Generally, the hotel is very tired and this fact is reflected in third party sites such as Trip Advisor. The property rates near the bottom of its competitive set and guest online comments reflect cleanliness, age and conditional issues. PIP Agreement NOTE: Alt items noted below are in addition to compliance with Licensors standards and specifications set forth in the Manual. All items require submittal to Licensor for approval prior to implementation Task * Licensee shall engage a professional design firm and/or architectural firm to: a.) Prepare and present any and all improvements as outlined in the PIP. Design firm and architectural firm must be approved by Licensor b.) Hotel shall work diligently towards a timely completion of all PIP items within the dates set forth in the PIP and Hotel shall engage a professional contractor to ensure quality workmanship and materials that will meet specifications set forth in the Manual. c.) All improvements to the hotel will be in accordance with local, state and federal laws, regulations, ordinances, codes and regulations including but no limited to the Americans with Disabilities Act. To assist in the selection, location and purchasing of the required items found in this document please contact Brand Services. Submit plans/elevations/material samples as required to: Red Lion Hotels Corporation / Design & Construction Dept. 1550 Market Street • Denver, CO 80202 anna.bogler@rlhco.ccom Property Improvement Plan_ Licensee agrees to implemert the following programs and operational standards to meet the Licensor's standards as of Opening Date and Subsequen Dates herein noted. ID Area Task Catego 2.01 Corridors & Stairwells Remove room number graphics from door and repair all scars from their removal. Provide new room number graphics located or the wall adjacent to the latch side of the door. (Refer to standards for brand specific criteria Opening 2.10 Corridors& Stairwells Clean windows and elevator glass Opening 2.12 Corridors & Stairwells Lock doors to storage/loading areas (as noted at pool level) so that guests cannot accidentally (or purposely) access these areas. Opening 2.15 Corridors & Stairwells Repair or replace any ill -functioning or visibly damaged ice dispensers or vending equipment. Opening 2.17 Corridors & Stairwells Provide electronic locks at entrances leading from parking garage and convention center. Opening 2.19 Elevators Install required life safety signage outside elevator entrance (do not use in case of fire - use stairs) Opening 2.22 Elevators Clean light diffusers. Opening 3.01 Exterior Power wash exterior including walls, windows, walkways and drive surfaces to remove all dust accumulation, bird/insect debris and/or stains Opening 3.04 Exterior Following pressure washings, point/tuck grout as needed and seal brick to eliminate any further fluorescence. Opening 3.05 Exterior Repair/replace any damaged or cloudy windows. Opening 3.07 Exterior Exterior Front Desk Provide designated guest smoking area away from front entrance. Opening 3.08 5.04 Replace burned/out or ill -functioning bulbs in exterior lighting. Opening Remove any certificates, unframed posters or paper work from walls in front desk area and perform general clean up and reorganization of area in order to present a professional, clutter -free area Opening .y Opening Opening Opening 5.10 Front Desk Install brand logo/signage in lobby per brand design direction. 5.01 Front Desk Replace registration desk to include open -style moveable registration station and self check-in kiosks per brand design standards. 5.07 Front Desk Provide new pendants, down lights or other approved lighting at registration. 5.10 Front Desk Provide RLHC approved InfoGlass at or near the frontdesk/reception area. Opening 6.04 Guestroom Replace emergency evacuation plan to brand standards on back of guestroom door. Opening 6.07 Guestroom Upgrade Wi-Fi as/where needed in order to deliver at least minimum acceptable signal and speed to all rooms Opening 6.08 Guestroom Implement brand specified Guestroom OS&E and collateral including replacing existing telephone faceplate. Opening 6.09 Guestroom Replace clock radios with brand compliant specification - CubieTime. Opening 6.10 Guestroom Provide additional outlets or GFI power strips in order to ensure wires and cords are concealed from guest view. Opening 6.14 Guestroom Repair or replace any Ill -functioning PTACs induding mechanics, casings, grilles and/or control panels. Opening 6.27 Guestroom Replace any noticeably sagging or damaged mattress/box spring sets with new (must meet RLHC requirements). Opening 6.29 Guestroom Provide new Top of Bed package to include triple sheeting, duvet, bed skirt, pillows, etc. per brand standards, Opening 6.30 Guestroom 100% of guestroom Inventory designated as non-smoking. Opening 6.31 Guestroom Repalr/refinish case goods, exposed wood on seating and occasional furnishings to remove any visible scuffs, wear or damage. Opening 6.34 Guestroom Provide at least two guest rooms as "pet friendly" that allow for guests pets Opening 6.36 Guestroom Provide brand -approved hanger/gear walls per Hotel RL requirements. (Closets may be eliminated.) Opening 6.50 Guestroom Provide sculptural clock per Hotel RL requirements. Opening 7.17 Guestroom Baths Install night light in bathroom (may be part of hairdryer mount or wall switch) Opening 7.00 Guestroom Baths Provide Cascadia soapery amenities collection and bath sheet per standards. Opening 7.20 Guestroom Baths Replace shower curtain with brand approved specification (with light view window). Opening 7.21 Guestroom Baths Repair/replace any damaged toilets, tanks, seats or lids. Opening 7.22 Guestroom Baths Replace missing toilet base caps. Opening 7.18 Guestroom Baths Replace showerhead with Speakman AnyStream showerhead per brand specifications. Opening 10.01 Lobby / Public Areas Install brand compliant lobby coffee station and wine bar. Victrola coffee service required. Opening 10.11 10.04 10.05 Lobby / Public Areas Replace damaged/discolored ceiling tile (noted at upper floor area and at corridors leading to meeting rooms). Opening Lobby / Public Areas Provide new lobby soft seating and furniture package to include to occasional pieces as well as table and floor lamps. Opening Lobby/ Public Areas Provide new artwork/decor. Opening 10.07 Lobby /Public Areas Reconfigure all lobby space / to enable a new open style approachable front desk, market/sundries retail, stepped seating, living stage, lobby business station and public restrooms. Ideally reconfigure entrance doors to be located at center of overhead canopy (which would require removal of visible stone faux fireplace). Recommend exposing and featuring existing brick fireplace that is hidden within the current back office. Refinish all oak woodwork and replace brass ceiling fixtures and brass fireplace surround to attain an updated appearance. Remove "night service security window and staff sleeping accommodation. Consolidate office/administrative space. Opening 10.10 Lobby / Public Areas Provide a Business Center convenient to the lobby area that features work stations/equipment/seating/lighting and supplies as required by standards. NOTE: out of use public telephone niche would work for this application Opening Property Improvement Plan Licensee agrees to implement the following programs and operational standards to meet the Licensor's standards as of Opening Date and Subsequen Dates herein noted. ID Area Task Category 10.12 Lobby/ Public Areas Provide new ceiling tiles system that meets standards (minimum ACT w/reveal edge) Opening 10.13 Lobby / Public Areas Replace lobby carpet with brand-prescribed flooring. Opening 10.15 Lobby / Public Areas Replace decorative lighting. Opening 10.20 Lobby / Public Areas Provide new automatic entrance doors in conjunction with new or modified porte cochere/arrival area. Opening 10.21 Lobby / Public Areas Provide scent in lobby/arrival area. Opening 10.23 Lobby / Public Areas Provide chalk wall per standards. Opening 10.24 Lobby / Public Areas Incorporate 'stepped seating' as part of expanded lobby/public area per brand design direction. Opening 10.25 Lobby / Public Areas Provide 'living stage' in immediate lobby or open public area per brand design direction and technology requirements. Opening 10.26 Lobby/ Public Areas Provide bicycles, helmets and stand per RLHC requirements. Opening 10.27 Lobby / Public Areas Provide communal table within the expanded/renovated lobby/public space (Le., for gaming). Opening 11.02 Meeting Rooms Replace damaged/discolored ceiling tile. Opening 11.10 Meeting Rooms Provide meeting station per RLHC requirements. Opening 16.01 General As needed, professionally clean and restore the following: 1) Clean windows throughout the property; 2) Professionally clean and re-stretch commercial carpeting (lobby, pre-function, restaurant/lounge, etc.); 3) Clean vents/grilles throughout the property (e.g., bath/restroom exhausts, PTACs, housekeeping vents, HVAC intake/output, etc.); 4) Perform general clean up in restaurant/lounge area (soft seating, counters, etc.); 5) Clean banquet seating where stained; 6) Deep clean public restrooms (tile/grout, partitions, fixtures, etc.); 7) Professionally clean corridor carpeting; 8) Professionally clean guestroom carpeting; 9) Deep clean guestroom soft seating; 10) Clean in-room appliances; 11) Deep clean guestroom baths (tile/grout, tubs/surrounds, etc.); 11) Clean vending and guest laundry including beneath and behind equipment Opening 16.02 General Provide uniforms and name tags as required by the brand. Opening 16.03 General 100% of guestroom inventory must be designated as non-smoking. Prior to opening, rooms and area formerly designated for smoking must be professionally cleaned and all damage, stains or odors from smoke removed Opening 16.04 General The RLHC reservation system and equipment must be purchased and Installed (Opera/Cloud). Opening 16.05 General Property must be In compliance with Life Safety Standards and Americans with Disabilities as set forth in standards and code requirements. Opening 16.07 General All signage, brochures, logo's and iconic elements from former branding must be removed and all scars repaired from their removal. Opening 16.08 General Provide RLHC approved Wi FI system for Hotel RL brand meeting the required speed in Mbps, with brand landing page. Refer to detail brand specifications. Opening 16.09 General Provide RLHC 05&E items including in-room amenities, brochures and instructions throughout the hotel. Opening 13.03 Public Restrooms Provide sleeves for plumbing lines beneath the sink in the lobby men's and women's restrooms. Opening 14.02 Restaurant/Lounge Provide RLHC required 'Grab N Go' and espresso-based Victrola Coffee Bar Opening 14.03 Restaurant/Lounge Provide RLHC approved menu graphics. Opening 14.04 Restaurant/Lounge Replace damaged/discolored ceiling tile. Opening 14.05 Restaurant/Lounge Repair/refinish tables, chairs and barstools to remove visible scuffs, wear and damage. Implement Communal dining table in the restaurant. Opening 15.01 Signage Install required exterior signage with brand identification in all current signage locations. Add brand-specified signage wraps to hotel vehicles per brand specifications. Opening 15.02 Signage Provide new directional signage and room numbers that are consistent with brand requirements. Opening 15.03 Signage Remove all paper signage. Replace with new permanent signage where warranted. Opening 2.05 Corridors &Stairwells Replace carpet and padding in all corridors (extending carpet into stairwell landings to cover bare concrete at landings that have vestibule areas). 6 Months 2.11 Corridors &Stairwells Repair/refinish corridor area doors (e.g., storage, staff access, stairwell, exit, guestroom entrance, etc.) removing all scars and visible wear and replacing any damaged/corroded door hardware. 6 Months 3.02 Exterior Provide facade enhancements along the first floor facade of the building (where visible from street) to provide a heightened sense of arrival to arriving guests (e.g., new grid work at commercial storefronts, decorative awnings at auxiliary entrance(s), new/decorative window tinting, updated exterior lighting package, arbor work at green space, etc.). Submit all plans for review and approval. 6 Months 3.03 Exterior Replace the existing glass portico with a new Porte Cochere to accommodate two-lanes of traffic at main entrance to hotel. 6 Months 3.06 Exterior Replace any damaged window tinting - a new window tinting package (In an updated color) is recommended for the hotel. 6 Months 3.09 Exterior Repair/paint exterior doors where faded or peeling. Coordinate with new overall improvements. 6 Months 3.10 Exterior Incorporate Hotel RL signatures into the renovated exterior to include decorative/colored up lighting, parklets and outdoor dining area, colorful graphics in designated parking areas, etc. Refer to standards for full requirements. 6 Months 6.02 Guestroom Modify or replace existing electronic locks with new'show/flash' lock technology. Replace any corroded or damaged door hardware (e.g., locks, plates, etc.). 6 Months 6.05 Guestroom Repair/refinish guestroom entrance, bath and connecting doors and hardware. 6 Months Property Improvement Plan Licensee agrees to implement the following programs and operational standards to meet the Licensor's-standards as of Opening Date and Subsequen Dates herein noted. ID Area Task Category 6Months 6.11 Guestroom Remove wall vinyl and provide new wall finish and approved graphics per standards and design requirements. Exposed brick may remain provided it coordinates/compliments new Improvements and wires/cord and conduit can be concealed from guest view. 6.15 Guestroom - Install remote wall-mounted digital thermostat 6 Months 6.18 Guestroom Replace artwork with new contemporary framed artwork and dressing mirror(s). 6 Months 6 Months 6.19 Guestroom Provide decorative framing for existing full length mirror. 6.20 Guestroom Repair/paint ceilings where scuffed/patched or damaged. 6 Months 6.21 6.22 Guestroom Guestroom Guestroom Replace all hardwired lighting (ceiling factures, wall lighting, etc. with new fixtures in an updated style. 6 Months Provide new guestroom lighting package to Include electrical outlets at desk and nightstand lighting. 6 Months 6.23 Provide enclosure for microwave/refrigerator where missing - either recessed niche or furniture piece to match case goods package. 6 Months 6.24 Guestroom Replace all mix-matched or ill-functioning microwave refrigerators and microwave units 6 Months 6.25 Guestroom Replace plastic laminate counters at wet bars and dry counters with new engineered or natural stone. 6 Months 6,26 Guestroom Repair/reflnish or replace cabinetry at wet bars In suites and rooms - coordinate with overall improvements. 6 Months 6.32 6.33 Guestroom Provide a new soft seating package to Include new sofas/sleeper sofas, lounge chairs, desk chairs, activity chairs, etc., per room type. NOTE: A minimum of two chairs is required per room. All furnishings to be approved by brand design 6 Months Guestroom Provide new case goods and occasional fumishings. NOTE: Two nightstands are required in single bed rooms - adjust room layout as needed in conjunction with new case goods. All furnishings to be approved by brand design In rooms with whirlpool tubs: 1) Provide an engineered or natural stone or large scale tile base for the hot-tub deck and mount; 2) Provide new faucets, controls and rings - coordinate with bath package bright work. 6Months 6 Months 6.38 Guestroom 6.51 Guestroom Provide new brand-approved window treatments. 6 Months 7.02 Guestroom Baths Replace any noisy or damaged bath exhausts. 6 Months 7.03 Guestroom Baths Provide assist grab bars in every tub/shower. 6 Months 7.04 Guestroom Baths Replace tub / shower tile surround with brand approved tile or surround panels; or, provide new walk-in showers. 6 Months 7.05 Guestroom Baths Replace any damaged tubs and/or surrounds with new. 6 Months 7.06 Guestroom Baths Re-caulk tub surrounds and tile. 6 Months 7.07 7.07 Guestroom Baths Provide new plumbing fixtures or bright work (e.g., faucets, controls, shower bar, escutcheon plates, towel rods, tub/sink rings and stops). 7.08 Guestroom Baths Replace any damaged or cracked floor tile (must match existing); or, provide new large-scale floor tile. 6 Months 7.09 Guestroom Baths Repair and paint bathroom walls. 6 Months 7.10 Guestroom Baths Install new stone or quartz vanity with under-mount sink and contemporary chrome hardware 6 Months 7.11 7.14 Guestroom Baths Guestroom Baths Replace single towel bars and stack racks with new towel bar/shelf unit. 6 Months Remount sagging curved rods per manufacturer's directions. 6 Months 7.16 Guestroom Baths Replace decorative vanity mirror with new electric mirror per standards - eliminating vanity lighting. 6 Months 7.23 Guestroom Baths Provide RLHC approved terry program for all baths. 6 Months 8.05 Hardscape Repair any damaged, cracked or lifting curbs or walkways. 6 Months 8.06 Hardscape Provide new decorative surface beneath porte cochere. 6 Months 10.08 Lobby / Public Areas Install music system and speakers in lobby and porte cochere. 6 Months 10.14 Lobby / Public Areas Provide new window treatments that compliment the renovated lobby (first floor level only). 6 Months 10.22 13.05 Lobby / Public Areas Provide water station/canteen refill per standards in or near lobby area or lobby corridor. 6 Months Public Restrooms Provide a partition in the men's restroom to separate the urinals from the sink/vanity area. 6 Months 13.06 Public Restrooms Replace damaged/discolored ceiling tile and paint grid to match tile. 6 Months 13.07 Public Restrooms Provide a 4" skirt or millwork base for the vanity in the women's restroom. 6 Months 14.02 Restaurant/Lounge Provide new floor finishes (commercial quality carpet and base; tile and base or a combination of the two). 6 Months 14.03 Restaurant/lounge Repair/paint walls as needed. 6 Months Restaurant/Lounge Provide new ceiling tile per brand standards. 6 Months 14.07 Restaurant/Lounge Replace dining chairs and bar stools in front area of hotel (bar area). 6 Months 14.08 Restaurant/Lounge Replace bar top with new engineered or natural stone. 6 Months 14.09 Restaurant/Lounge Replace red sofas located in TV area at front of lounge area. 6 Months 14.10 Restaurant/Lounge Provide new artwork/decor. 6 Months 14.11 Restaurant/Lounge Repair/refinish hostess station to coordinate with new overall improvements. 6 Months 14.12 Restaurant/Lounge Provide new window treatments. 6 Months 14.13 Restaurant/Lounge Repair/paint service doors. 6 Months ti l•. .1 r Property Improvement Plan Licensee agrees to implement the following programs and operational standards to meet the Licensor's standards as of Opening Date and Subsequen Dates herein noted. ID 14.14 2.03 2.04 2.06 2.07 Area Restaurant/Lounge Corridors & Stairwells Corridors & Stairwells Corridors & Stairwells Corridors & Stairwells 2.08 !Task Provide a partial wall or screen at service area to conceal this space from view. Provide new wall vinyl along corridors. Recommend painting brick elements to contrast or complement new design package. Provider new ceiling tile in lower level corridors (i.e., pool level, conference level) with new ceiling tile that meets standards. ACT w/reveal edge (consistent in style and finish) with matching grid. Repair and paint stairwell railings where peeling or rusted. Paint stairwells in a lighter color to help brighten these areas and/or provide additional lighting in stairwells. Category 6 Months 12 Months 12 Months 12 Months Corridors & Stairwells 2.13 2.14 12 Months Provide a new guestroom lighting package along corridors to update the overall appearance and increase overall illumination. 12 Months Corridors & Stairwells Provide new finishes for the landing leading to the exercise room/guest laundry and game room. New floor, wall and ceiling finishes are required. 12 Months Corridors & Stairwells 2.16 2.18 2.20 Renovate vending alcoves to include coordinating new wall finishes, replacing damaged or cracked tile flooring (or providing new tile) and replacing and upgrading lighting. Corridors & Stairwells Replace carpet tiles at walkways and landings leading to parking garage and convention center. Corridors & Stairwells Repair/paint corridor ceilings to eliminate patched/damaged areas. Elevators Provide new laminate for cab walls (or, provide new panels). 2.21 12 Months 12 Months 12 Months 12 Months Elevators Replace elevators floor finish with new. (Refer to manufacturer's required finishes.) 2.23 Elevators Repair/refinish wood railing at elevator landings and coordinate finish with new design direction, 2.24 4.01 4.02 4.03 12 Months 12 Months Elevators Provide new panel walls, flooring and ceiling finishes in the "pool" elevator so that this feature is more presentable to guests. 12 Months Fitness Room Expand size of fitness room to a 300 sf minimum. (Recommend trading places with the guest laundry area.) Fitness Room Electronic lock required (noted to be in place at existing location). Fitness Room Provide HVAC with thermostat control. 4.04 4.05 4.06 Fitness Room Fitness Room Fitness Room 4.07 Fitness Room 4.09 Fitness Room 4.10 Fitness Room 4.11 Fitness Room 4.12 Fitness Room Repair/paint walls or provide new wall finish. Provide new reveal edge ceiling tile system per standards. Provide new rubber flooring per standards. Install floor to ceiling mirror wall or large framed mirror per standards. 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months Provide new upgraded lighting. Provide new disclaimer signage, hours of operation, etc., per standards. 12 Months 12 Months Update aerobic exercise equipment to system standards. Minimum requirements Include club quality pieces with built-in TV monitors: 1) Treadmill(s); 2) Stationary bicycle(s) - Recumbent or upright; 3) Stair stepper or elliptical trainer (s) Provide resistance equipment to include: 1) Stretching or Exercise Mats; 2) Medicine Ball Set (4 lbs. -12 lbs.) w/tiered rack; 3) Exercise Ball(s)- 65 cm. 4.13 Fitness Room 12 Months 12 Months Provide minimum 55" LCD HDTV for weight area (all cords and wires must be concealed). 4.15 Fitness Room Provide new towel / trash cabinet. 5.09 2.24 Front Desk Guest Laundry 6.28 Guestroom 12 Months 12 Months Install market / sundries retail display next to the front desk. (Inventory to include Hotel RL branded blanket) As noted in Fitness Room requirements of this document, it is recommended that the Guest Laundry/Game Room enhance place in order to provide a larger area for the fitness equipment. Minimum improvements in the Guest Laundry include: 1) Replace ceiling tile with new ACT w/reveal edge; 2) Provide tile floor and base; 3) Remove computer table and older seating grouping (these items may be replaced with new but are not required); 4) Replace any III -functioning games; 5) Patch/repair walls and/or provide new finish. Replace mattress and box spring to Hotel RL specification in rooms that did not receive new sleep sets at brand conversion. 6.35 Guestroom 9.02 12 Months 12 Months 12 Months Replace television with 55" flat screen Smart HDTVs with HD programming (including required standard and premium channels). Landscaping Update / replace landscaping to meet current standard and ensure building has superior curb appeal. Include features such as new plantings in flower beds and planters at signage base. Incorporate new features such as window boxes and planters that flank the entrance. Provide new mulch or rock for any bare areas. 10.02 Lobby / Public Areas Refinish luggage carts and provide new carpet at bases. 11.01 Meeting Rooms 11.03 Meeting Rooms 11.06 Meeting Rooms 11.07 Meeting Rooms 11.08 Meeting Rooms 11.09 Meeting Rooms 13.02 Public Restrooms Repair/refinish meeting room doors and frames. Ensure all doors have a viewer into room. Provide new ceiling tiles system that meets standards (minimum ACT w/reveal edge) Replace carpet, padding and base. Replace wall vinyl. nstall new contemporary artwork. 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months Replace any damaged/permanently stained meeting room seating. Pool Restroom: Renovate the men's and women's pool restrooms to include: 1) New floor tile; 2) New wall tile (or other finish); 3) New granite vanity with under mount sink and single lever faucets; 4) New decoratively framed mirror; 5) New vanity lighting; 6) New accessories and hardware; 6) Refinish doors and replace corroded door hardware (e.g., kick plates). 12 Months 12 Months Property Improvement Plan Licensee agrees to implement the following programs and operationai'standards titirneet the Licensor's standards as of Opening Date and Subsequen Dates herein noted. ID Area Task 14.15 1Restaurant/Lounge Category If buffet is to remain an offering in the restaurant, replace the draped tables with a permanent buffet (including an engineered o natural stone counter and cabinetry base that coordinates with the area furnishings. 12 Months