Res 2006-016 - Laserfiche WebLink

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e.~; voi F~a il~.i i?4415 OF'R ?g9i i 5g5 3.3,4. Construction Permits. JQH shall submit and obtain approval of applications for building, plumbing, electrical, mechanical and other construction permits for the Hotel in accordance with applicable provisions of the LDC and the City's adopted construction codes. 3.4. Advance Submission and Review of Aaplication. JQH agrees to submit for regulatory review, and the City agrees to process, the Watershed Protection Plan, Site Prepaaation Permit Application, Final Development Plat, and Building Plans for the Hotel, in accordance with the Schedule set forth in Exhibit "E" attached hereto. At least five (5) business days (being defined as days on which the City offices aze open for business) prior to submitting each of the Watershed Protection Plan, Site Preparation Permit and Final Development Plat to the City for its regulatory review, JQH shall submit to the City in its capacity as a co-participant in the Project preliminary copies of each of the Watershed Protection Plan, Site Preparation Plan and Final Development Plat for the City's comment and approval as co-participant with JQH in the Project to insure that the overall integration of the Project is acceptable to City in its reasonable discretion and to insure that the Conference Center Site is not, in the City's reasonable discretion, disproportionately burdened with common facilities. To the extent the City, in its capacity as co-participant, believes that any of the Watershed Protection Plan, Site Prepaaation Permit and/or Final Development Plat, require revision, JQH shall make such changes as City may require prior to the deadline for submitting the item in question to the City for regulatory review under the Schedule set forth in Exhibit "E" attached hereto. 3.5. Hotel Construction. JQH shall, subject to events of "Force Majeure", cause Commencement of Construction of the Hotel to occur on the Hotel Site on or before November 1, 2006 ("Commencement of Construction Deadline") and cause Completion of the Construction of the same on or before April 1, 2008 after the actual Commencement of Construction ("Completion of Construction Deadline"). The Hotel must be constructed in a good and workmanlike manner and free of liens in favor of any person providing labor or materials in connection with such construction. The Hotel must also be constructed in accordance with the Approved Plans. 3.5.1. No Cost to Citv. The design and construction of the Hotel shall, in all respects, be without cost to the City. 3.6. Conference Center Construction. The Conference Center shall be constructed to provide upscale conference center and meeting rooms of the quality and standard as that contained in the conference center located in Frisco, Texas and which was constructed pursuant to that certain Master Development Agreement between the City of Frisco, Texas and the Trust. 3.6.1. Desien-Build. The Conference Center shall be constructed by the City using design-build contracting procedures authorized under Texas law. If the design- build contractor is acceptable to JQH, in JQH's reasonable discretion (it being understood that an affiliate of JQH is deemed acceptable to JQH), then: 3.6.1.1. the City will be responsible for no more than Twenty Million Dollars ($20,000,000) (the "City Cost Ceiling") of costs in connection with the design, construction, and fixturing of the Conference Center. In the event the actual total costs ("Actual Costs") incurred by the City in connection with the design, construction and fixturing of the 803273.4