Reso 1996-031 to 035 - Laserfiche WebLink

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relationship and: (i) with regard to eighty-five percent (85%) of the total hotel occupants, not occupied by the same occupant for less than eight (8) hours or in excess of thirty (30) consecutive days; or (ii) with regard to fifteen percent (15%) of the total hotel occupants, not occupied by the same person for less than eight (8) hours. Notwithstanding the aforementioned, the parties may agree by mutual consent to change the definition of transient accommodations to adjust for different commercial conditions. Transient accommodations shall not include the carrying on of any trade or business, provision of any sales or services, or any other nonresidential activity in guest rooms, except nothing herein shall prohibit the use of guest rooms, meeting rooms or the lobby for business meetings, training sessions, seminars, exhibits and conferences in conjunction with business conventions or conferences conducted at the hotel. Transient accommodations shall not include the offering of any service not offered in the majority of the hotels in the San Francisco Bay Area SMSA, without prior written approval of City. "First Class" means a hotel offering notably high -quality accommodations, service and physical atmosphere. 3. TERM The term of this lease shall be THIRTY (30) years, commencing on the first day of the twelfth month after date of award of this lease by City or the first day of the month immediately following the date Lessee opens the leased premises for business, whichever is earlier, unless sooner terminated as herein after provided. Lessee shall have the option to renew this lease for two ten (10) years terms which option shall be executed by giving City notice in writing of Lessee's desire to exercise the option. The notice must be received by City at least one hundred and eighty (180) days prior to the expiration date of the original lease term. 4. USE OF PREMISES In accordance with Exhibit B hereof, the demised premises shall be used by Lessee for the construction, establishment, and operation of a first-class hotel for transient accommodations, interior courtyard, swimming pool, tennis courts, rooms for meetings and banquets, parking, landscaped open space, the vending of food, and other uses incidental thereto, excluding the providing of live entertainment. Lessee shall not use or permit the demised premises or any part thereof to be used in whole or in part for any purpose other than as hereinabove set forth at any time during the term of this lease, except with the prior written consent of the City, nor any use in violation of any present or future laws, ordinances, general rules or rev. 3-12-96 (SRM) rev. 6-5-96 (SRM) 2