Common use of Building A Clause in Contracts

Building A. To be located at the northwest corner of Abbot Road and Grand River Avenue. This building will be constructed by the Developer on a development parcel created by properties owned by the Developer, the portion of Evergreen Avenue right of way south of ▇▇▇▇▇▇ Avenue, and a portion of the DDA’s ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ property. The portion of the DDA 303 Abbot Property necessary for the construction of Building A and the portion of Evergreen Avenue right of way shall be transferred to the Developer by the DDA and the City, respectively, in accordance with the terms of this Agreement and a Land Transfer Agreement attached hereto as Exhibit F. Building A will be a 13-level, 416,000 gross square feet in area, mixed-use building having retail uses and residential and hotel lobbies on the first floor. The remaining floors will have parking, office space, hotel amenities including meeting rooms, a ballroom, and rooftop restaurant/lounge, guest rooms, and mixed-market residential rental units as shown on the Site Plan. Building A will have a public plaza located at the corner of West Grand River and Abbot. This building will be owned by the Developer and operated by entities retained by the Developer. All residential units developed for lease shall be mixed-market rentals (as defined in the East Lansing Zoning Code Sec. 50-7). Building A shall comply with the approved Site Plan (Exhibit D) and Building Summary (Exhibit E), without deviation or amendment unless otherwise approved pursuant to Section 50-3(k) of the East Lansing City Code. The building structure shall not exceed 140 feet in height as measured from grade at the hotel entry shown on the Site Plan, excluding communication transmission equipment less than 15 feet in height above the roof, architectural embellishments less than 15 feet in height above the roof, stair and elevator towers, or mechanical infrastructure servicing the building or third parties and less than 15 feet in height above the roof affixed to the top of the building. Developer shall be responsible for soft and hard costs, including permits and review fees associated with Building A, subject to reimbursement for eligible activities from ▇▇▇▇▇▇▇▇▇▇ Plan #23, as amended by the City Council, dated April 25, 2017, together with an Act 381 Work Plan and tax increment financing reimbursement approved by the Michigan Department of Environmental Quality (“MDEQ”), Michigan Economic Development Corporation (“MEDC”), and Michigan Strategic Fund Board (“MSF”) (sometimes collectively, the “▇▇▇▇▇▇▇▇▇▇ Plan”), and an MBT credit approved by the MEDC and MSF

Building A. To be located at the northwest corner of Abbot Road and Grand River Avenue, with the exterior constructed in accordance with the requirements of Sec. 50- 793(a)(2). This building will be constructed by the Developer on a development parcel created by properties owned by the Developer, the a portion of Evergreen Avenue right of way south of ▇▇▇▇▇▇ Avenue, and a portion of the DDA’s ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ property. The portion of the DDA 303 Abbot Property necessary for the construction of Building A and the portion of Evergreen Avenue right of way shall be transferred to the Developer by the DDA and the City, respectively, in accordance with the terms of this Agreement agreement and a Land Transfer Agreement purchase agreement attached hereto as Exhibit F. E. Building A will be a 13-level, 416,000 12 story 360,000 gross square feet in area, area mixed-use building having first floor retail uses and a residential and hotel lobbies on lobby; the first floor. The remaining floors will have parking, office space, hotel amenities including meeting rooms, a ballroom, ballroom and rooftop restaurant/lounge, and guest rooms, and . Also included are mixed-market residential rental units as shown on with 25 efficiency, 29 one-bedroom, 43 two-bedroom, 17 three-bedroom, and 63 convertible efficiency units and contain Retail, Hotel, Mixed Market Rental Apartments and underground accessory parking. The signature planning element is the Site Plan. Building A will have a public plaza located at the corner of West Grand River and Abbot. This building will be owned by the Developer and operated by entities retained by the Developer. All residential units developed for lease shall be mixed-market rentals (as defined in the East Lansing Zoning Code Sec. 50-7). The underground parking facility shall principally serve the occupants of Building A on one floor below grade which shall fully comply with the approved Site Plan (Exhibit DC) and Building Summary (Exhibit ED), without material (for purposes of this Agreement “material” shall mean modification to building dimensions that does not exceed 5,000 square feet or 5% of gross floor area, whichever is smaller) deviation or amendment unless otherwise approved pursuant to Section 50-3(k) of in writing by the East Lansing City Codein accordance with applicable ordinance. The building structure shall not exceed 140 feet ft. in height as measured from or a maximum of twelve floors above grade at (excluding parking). Said restrictions on height shall not consider the hotel entry shown on the Site Plan, excluding communication transmission equipment less than 15 feet in height above the roof, architectural embellishments less than 15 feet in height above the roof, stair and elevator towers, towers or mechanical infrastructure servicing the building or third parties and less than 15 feet in height above the roof affixed to the top of the building. Developer shall be responsible for soft and hard costs, including permits and review fees associated with Building A, subject to reimbursement for eligible activities from ▇▇▇▇▇▇▇▇▇▇ Plan #23, as amended by the City Council, dated April 25, 2017, together with an Act 381 Work Plan and tax increment financing reimbursement approved by the Michigan Department of Environmental Quality (“MDEQ”), Michigan Economic Development Corporation (“MEDC”), and Michigan Strategic Fund Board (“MSF”) (sometimes collectively, the “▇▇▇▇▇▇▇▇▇▇ Plan”), and an MBT credit approved by the MEDC and MSF.

Building A. To be located at the northwest corner of Abbot Road and Grand River Avenue. This building will be constructed by the Developer on a development parcel created by properties owned by the Developer, the portion of Evergreen Avenue right of way south of ▇▇▇▇▇▇ Avenue, and a portion of the DDA’s ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ property. The portion of the DDA 303 Abbot Property necessary for the construction of Building A and the portion of Evergreen Avenue right of way shall be transferred to the Developer by the DDA and the City, respectively, in accordance with the terms of this Agreement and a Land Transfer Agreement attached hereto as Exhibit F. Building A will be a 13-level, 416,000 gross square feet in area, mixed-use building having retail uses and residential and hotel lobbies on the first floor. The remaining floors will have parking, office space, full service hotel amenities including meeting rooms, a ballroom, and rooftop restaurant/lounge, guest rooms, and mixed-market residential rental units as shown on the Site Plan. Building A will have a public plaza located at the corner of West Grand Any hotel other than River and Abbot. This building will be owned by the Developer and operated by entities retained by the Developer. All residential units developed for lease shall be mixed-market rentals (as defined in the East Lansing Zoning Code Sec. 50-7). Building A shall comply with the approved Site Plan (Exhibit D) and Building Summary (Exhibit E), without deviation or amendment unless otherwise approved pursuant to Section 50-3(k) of the East Lansing City Code. The building structure shall not exceed 140 feet in height as measured from grade at the hotel entry shown on the Site Plan, excluding communication transmission equipment less than 15 feet in height above the roof, architectural embellishments less than 15 feet in height above the roof, stair and elevator towers, or mechanical infrastructure servicing the building or third parties and less than 15 feet in height above the roof affixed to the top of the building. Developer shall be responsible for soft and hard costs, including permits and review fees associated with Building A, subject to reimbursement for eligible activities from ▇▇▇▇▇▇▇▇▇▇ Plan #23, as amended by the City Council, dated April 25, 2017, together with an Act 381 Work Plan and tax increment financing reimbursement approved by the Michigan Department of Environmental Quality (“MDEQ”), Michigan Economic Development Corporation (“MEDC”), and Michigan Strategic Fund Board (“MSF”) (sometimes collectively, the “▇▇▇▇▇▇▇▇▇▇ Plan”), and an MBT credit approved by the MEDC and MSF.