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general plans of City. City shall maintain or require to be maintained public <br />roadways, sidewalks and parking facilities and related lighting, landscaping, drainage <br />and irrigation systems adjacent to and serving the demised premises, except that any <br />parking restricted for use by the Lessee shall be improved and maintained by Lessee. <br />Notwithstanding the foregoing, the City reserves the right in its sole discretion to, <br />among other things, change permitted land uses, install, maintain and remove public <br />improvements as necessary and appropriate, and impose charges, fees and assessments <br />for the use of the Marina. <br />8. IMPROVEMENTS TO BE CONSTRUCTED BY LESSEE <br />A. In accordance with Exhibit B, Lessee shall, without cost to City, immediately <br />upon BCDC approval proceed with plans for the construction of a first-class <br />hotel with one hundred and twenty-one (121) guest rooms, interior courtyard, <br />swimming pool, tennis courts, meeting rooms, paved guest parking, pedestrian <br />walkways, and landscaping within the demised premises, all in accordance with <br />Exhibits A, B, and C, all of which are attached hereto and incorporated herein <br />by reference. Said improvements, as defined herein, constitute the "project" as <br />referred to herein. <br />Lessee shall commence construction of said building and other improvements <br />immediately upon receiving notice from City that City has approved the <br />construction drawings and specifications for Lessee's improvements and in <br />accordance with said plans and specifications, and shall complete such <br />construction and open said business within twelve (12) months from and after <br />receipt of notice of such approval; provided, however, that any delay in <br />construction due to fire, earthquake, war, environmental dispute, strike, or <br />other cause beyond t'he reasonable control of Lessee shall extend the time in <br />which said construction must be completed by the length of such delay. <br />B. Lessee shall, at its own cost and expense, make all utility connections from its <br />improvements to existing utilities. Lessee shall reconstruct as required by City <br />the existing sewer line in all areas where it passes beneath proposed buildings. <br />All utility lines shall be underground. <br />C. City makes no warranty as to the condition of the soil on the Site or its <br />suitability to support the improvements proposed by Lessee. Lessee shall do all <br />soils analysis and engineering necessary to place the proposed improvements <br />on the site, including removal of any utilities, foundations, excavations or <br />unsuitable subsurface conditions that are necessary to accommodate the <br />proposed improvements. <br />rev. 3-12-96 (SRM) <br />rev. 6-5-96 (SRM) 8 <br />