Res 2007-183 - Laserfiche WebLink

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equipment provided by Lessee must be comparable to that currently found in the Frisco, Texas property currently operated by John Q. Hammons Hotels Management, LLC (the "Frisco Pro ert "). Lessee must, throughout the Term of this Lease, furnish and equip the Leased Premises with such furnishings, equipment and personal property as (i} are necessary for the operation of an upscale conference center; and (ii) are at least comparable to those currently found in the Frisco Property. Any furniture, trade fixtures and equipment provided by Lessee shall xcmain the property of Lessee and may be removed from the Leased Premises by Lessee at the expiration of the Term provided Lessee is not then in default under this Lease and provided further that Lessee must repair any and all damage caused to the Lease Premises as a result of such removal. Lessee and Lessor shall, throughout the Term, maintain a list of the Lessor Equipment and any and all replacement equipment for same. On or before January 31 of each calendar year during the Term, commencing January 31, 2009, the Lessee must conduct a physical inventory of the Lessor Equipment and provide a listing of the Lessor Equipment and, to the extent any of same has become worn out or obsolete during the preceding twelve (12) month period, a notation of such fact and a list of the replacement equipment for same must be included on said inventory list. Once purchased by Lessee, any such replacement equipment shall become part of the Lessor's Equipment for all puzposes under this Lease. ARTICLE 5 Use of Premises 5.1 Use. (a) Lessee shall use the Leased Premises during the Term solely for the operation of a conference, meeting and exhibit center for holding conventions, meetings, and exhibits and for the benefit of the City and the general public. Lessee must, throughout the Term of this Lease, continuously operate and maintain the Conference Center as an upscale conference center, and without limiting the foregoing, in compliance with the current standards established by John Q. Idammons Motels & Resorts for operating and maintaining other upscale conference centers owned, leased or managed by it. (b) Subject to agreed scheduling procedures, the City shall have the right to use the large ballroom in the Conference Center a minimum of one (1}time per year and at least one of the smaller meeting rooms in the Conference Center a minimum of one (1) time per month (the "Ci Use"), all at no charge, other than charges for room set up and any food and beverage service requested by the City which will be billed at the standard rates for same which are in effect at the time the service is provided. The scheduling of the large ballroom in the Conference Center for City Use shall be mutually agreed upon by Lessee and the City within one hundred eight (180} days prior to the expiration of the previous Lease Year, unless another scheduling procedure should be agreed upon between the City and Lessee, subject to the scheduled availability of such room (i.e. the City may not preempt the then scheduled use of such room by any other party). 5.2 Compliance with Laws. Lessee agrees not to use the Leased Premises for any use or purpose in violation of any valid and applicable law, regulation or ordinance of the United States, the State of Texas, the City of San Marcos or other lawful governmental authority having jurisdiction over the Leased Premises, including, without limitation, the Americans with 7 2025904.1