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calculation of any and all Incentive Payments. <br />g. Incentive Payments — the payments made by the City to an Owner <br />pursuant to an Operating Covenant Agreement and described in <br />Section 4 hereof. <br />h. Labor Peace Agreement — an enforceable agreement between a <br />Hotel Owner or Operator and a labor organization, as defined by 29 <br />U.S.C. §152(5), that represents, or seeks to represent, the Hotel's <br />employees, both during construction and operation of the Hotel, <br />and that contains provisions under which the labor organization for <br />itself and its members agrees to refrain from engaging in any <br />picketing, work stoppages, or any other economic interference with <br />Hotel operations. <br />Open(s)(ing)(ed) for Business or Opening — the day on which a <br />Hotel opens for business to the general public. <br />Operating Covenant Agreement(s) — the agreement(s) approved <br />by the City Council described in Section 3 hereof. <br />k. Operating Period — This will be negotiated in the Operating <br />Covenant Agreement. <br />I. Operator — franchisee, manager, lessee, or licensee with whom an <br />Owner has a contract to operate the Hotel pursuant to a franchise, <br />management, lease, or license arrangement. <br />M. Owner — the person or entity that is the owner of a Hotel or a site <br />upon which a Hotel is to be constructed, whether in the capacity of <br />fee simple owner, lessee, sub - lessee, mortgagee in possession, <br />licensee, franchisee, or any other capacity, or the assignee or <br />designee of such Owner. <br />n. Prevailing Wage Statutes — Labor Code Section 1770, et seq. <br />o. Responsible Contractor — a construction contractor which pays all <br />of its construction employees the prevailing wage in the area where <br />the work is being performed; provides health insurance and a <br />pension /retirement program for all construction employees; <br />employs skilled and qualified journeyman, 60 % of which have <br />graduated from a California State approved joint labor /management <br />apprenticeship program, and apprentices which are registered in a <br />California State approved joint labor /management apprenticeship <br />program; employs only journeyman and apprentices which have an <br />OSHA 10 certification and have such other proper and current <br />Resolution No. 2016 -034 <br />Page 3 of 9 <br />