2010/08/04 Council Agenda Packet

"Marriott Franchise Agreement" means that certain Franchise Agreement dated by and between Developer and Marriott International, Inc. for the operation of a Courtyard by Marriott at the Property. "Improvements" means all buildings, structures, improvements and fixtures now or hereafter placed or constructed in, under or upon the Property, including the Project, all additions to or replacements thereof made from time to time, and all accessways, pedestrian areas, public amenities, paved areas, utility distribution facilities, lighting, signage and other infrastructure improvements to be built by Developer on the Property. "Initial City Work" shall have the meaning given in Section 4 herein "Legal Requirements" means all local, county, state and federal laws, ordinances and regulations and other rules, orders, requirements and determinations of any Governmental Authorities now or hereafter in effect (to the extent that compliance with future laws or amendments is legally required), whether or not presently contemplated, applicable to the Property, the Project or the Improvements, or their ownership, operation or possession, including (without limitation) all those relating to parking restrictions, building codes, zoning or other land use matters, The Americans With Disabilities Act of 1990, as amended, this Covenant, the City- Developer Agreements, the Approved Plans and Specifications, the Material Modifications, life safety requirements and environmental laws with respect to the handling, treatment, storage, disposal, discharge, use and transportation of hazardous substances. "Material Modification" shall have the meaning given in Section 5.4 herein. "Material Modification Request" shall have the meaning given in Section 5.4 herein. "Mortgagee" means the holder of a mortgage or deed of trust encumbering any portion of the Property. "MTCA" and "MTCA Regs" shall have the meanings given in Section 5.3.2 herein. "Project" means the to-be-constructed restaurant and retail space, hotel and structured parking facility, as shown in the Approved Plans and Specs. "Project Completion Date" shall have the meaning given in Section 5.1 herein. "Project Construction Start Date" shall have the meaning given in Section 5.1 herein. "Project Design Criteria" are set forth in their entirety in Amendment No. to Property Purchase Agreement dated 2010. "PUD" means Snohomish County Public Utility District No. l. "Purchase Money Promissory Note" means the promissory note delivered by Developer to the City at Closing. -3- 310S3924.I