Res 2006-016 - Laserfiche WebLink

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e~~: vai F'9 i i(,i 12491 ` DF'Fi 2940 `79 for any part of the party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, or any general assignment for the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency laws by or against a party (and, in the case of involuntary proceedings, such proceedings aze not dismissed within ninety (90) days after the filing thereof). 1.2.2. "Approved Franchise" means a franchise agreement approved by the City with an Approved Franchisor whereby JQH is permitted to operate the Hotel using the name and reservation system of the Approved Franchisor. 1.2.3. "Approved Franchisor" means, initially, a Marriott Renaissance or Embassy Suites; provided that from and after the date which is five (5) yeazs from the date the Hotel opens for business to the public such term shall also include any other national or international hotel franchisor for a specific hotel product approved by the City in its reasonable discretion. 1.2.4. "Approved Plans" means the plans and specifications for the Hotel, as aze approved by the City in its reasonable discretion, and, to the extent required by the terms of the Approved Franchise, the Approved Franchisor. 1.2.5. "Conference Center" means an "upscale" conference center facility of at least 80,000 square feet in size under roof and constructed upon the Conference Center Site, containing meeting rooms, a conference center, and one (1) lazge ballroom sufficient to lawfully accommodate 1,000 people for abanquet-style event, and related improvements, including landscaping, pazking and storm water detention areas. 1.2.6. "Declazation" means a "Reciprocal Easement Agreement" to be agreed upon and executed by JQH and the City (covering the Project Site only) providing for shared pazking of the Project Site and providing for detention, irrigation, and any other easements necessary or desirable in City's reasonable discretion for the operation of the Project or the Project Site as contemplated in Sections 3.9.1 and 3.9.2 of this Agreement and providing for access between the Conference Center Site and the Hotel Site. 1.2.7. "Force Majeure" means any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, acts of terrorism, war, riot, civil commotion, insurrection, government or defacto governmental action (unless caused by acts or omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slow downs or work stoppages. 1.2.8. "Hotel" means afull-service "upscale" hotel (i) constructed and operated pursuant to and in accordance with the standards of an Approved Franchise and pursuant to the terms of this Agreement and the Related Agreements, (ii) constructed upon the Hotel Site in accordance with the Approved Plans, and (iii) consisting of a minimum often (10) stories and containing a minimum of two hundred fifty (250) guestrooms and a restaurant, day spa, recreational amenities, adequate on-site pazking, and other related amenities and space for providing the services customarily found in afull-service upscale hotel, open to the public and serving the Conference Center, adjacent business community and citizens of the City. 2 803273,4