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4. County/Tourism Authority will enter into a design/build agreement with Developer for services associated with the design and construction of the Conference Center port/on of the Project with details to be provided in · Associated Agreement # S". 5. The County/Tourism Authority may obtain and pay for the services of an independent construction management consultant to represent the County/Tourism Authority's interests during the negotiation of design/build agreement for ~he Conference Center and t~roughout the construction process for the Project, with details to be provided in "Associated Agreement # 7". O. Tourism Authority Oblisations. (a) Tourism Authority end County shall enter into an agreement for the financing end repayment of de. bt associated with the design end construction of the Conference Center. The County, acting as fiscal agent for the Tourism Authority, will be fully reimbursed for all its costs associated with the Project by revenues generated by 2% of the 5% local hotel/motel accommodation tax, the details of which shall be provided in "Associated A~reement # (h) Tourism Authority shall enter into an agreement with Developer for the operation and management of the Conference Center. This agreement (-Associated Agreement # 4") shall include, but not be llmited to, mutually agreeable terms involving: (i) Maintenance/capital expenses (ii) Management Fees ,(iii) Room rental rates (iv) Catering and event charges (v) A=9~isttion Of revenue from FF & B/A-V (vi) Convention Center Books and Bookings (vii) Convention Center Marketing Plau (viii)On-site ad~ertising, facility namin~ rights, and exclusive (c) Tourism Authority shall enter into a hotel room blocking agreement with Developer or with John Q. Hammons Hotels as the Hotel operator. The terms and conditions of this agreement shall be provided in ,Associated H. Developer Obligations. 1. Subject to applicable law, Developer, as Lessee, will enter into the Hotel Ground Lease with city, as lessor, to lease the Hotel Site. The Hotel Ground Lease shall be for a period of at least forty (40) years upon mutually agreeable terms and conditions negotiated as an element of the hA, with details, including ~-nual lend rent and a purchase option to be provided in Associated Agreement #1. 2. Within one (1) year of the execution of the Hotel Ground Lease, Developer will begin constr~ction of the Hotel on the Hotel site. 3. Developer and County/Tourism Authority, will execute and enter into a 1'design-build' contract regarding construction of the Convention Center facilities on the Convention Center Site in which Developer will provide all design and construction services for the construction of a full-service convention center. County/Tourism Authority and Developer will negotiate a definitive design-build contract (Associated Agreement # 6) which will Hovern their relationship during the design and construction periods and ~hich shall be structured ca a "cost-plus" basis subject to a maximum cost obligation of the County/Tourism Authority. Developer shall oversee the construction of the Hotel and Convention Center and shall provide invoices to the Convention Center to the County/Tourism Authority, which woul~ then pay Developer directly. Invoices may include a management fee to be paid to the Developer for its oversight of the construction process of the Convention Center. 4. Developer through its management company, Joh~ Q. Hammons Hotels, Inc., will execute and enter into en agreement with County/Tourism Authority (Associated Agreement # &.) to m---ge and otherwise oversee the operation of the Convention Center upon completion of its construction. This agreement shall include, but shall not be limited to, mutually a~reeable terms involving: (l) Maintenance/capital expenses {ii) Management Fees (iii) Room rental rates (iv) Cabering an~ event charges (v) Acgnisition of revenue from FF&E/A-V (vi) Convention Center Books and Bookings (vii) Convention Center Marketing plan (viii) On-site advertising, facility naming rights, and exclusive I. Inspections~ Engineering and Utilities. Developer recognizes that because of the scope of the proposed development and the construction schedule Dmveloper desires, the County/Tourism Authority may he required to