COMMUNITY DEVELOPMENT AGENCY-2008

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ARTICLE 5 CONSTRUCTION BY TENANT Section 5.01. Dutv to Construct Tenant shall, construct or cause to be constructed on the Premises and LHA parcel, a Community Center in the manner and according to the terms and conditions specified in this Article. Section 5.02. Requirement of Landlord's Written Ap royal No structure or other improvement of any kind shall be constructed on the Premises or LHA parcel unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises or LHA parcel that does not comply with plans, specifications, and locations approved in writing by Landlord. Section 5.03. Potential Lar er Proiect No structure or improvement of any kind shall be constructed on the Premises or the LHA parcel if it would hinder development of the potential future public park on the Premises. If said future park is constructed, then the definition herein of Premises shall be modified to refer only to the real property under the Community Center itself, together with any needed easements. Section 5.04. Operational Standards The Community Center and Improvements shall at all times be operated to comply with the provisions of Exhibit D to this Lease. Section 5.05. Time. for Com lep tion Tenant shall cause construction of the Community Center to be commenced in accordance with the Schedule for Completion, provided by the Tenant not later than November 1, 2009, which shall be approved by the City Manager and Agency Executive Director. Tenant shall further cause construction of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the Community Center to be completed and ready for occupancy not later than eighteen (18) months after commencement of its construction. The time of performance by either party hereunder shall be extended where delays are due to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse performance by the City); or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the cause of the delay. Section 5.06. Ownership of Improvements Title to all Improvements to be constructed on the Premises by Tenant shall be owned by Tenant until expiration of the term or earlier termination or modification of this lease. All Improvements on the Premises at the expiration of the term or earlier termination of this lease shall, without compensation to Tenant, then 6