Common use of Project Definition Clause in Contracts

Project Definition. The Project is more accurately described in Exhibit D – The Site Plan, pages A-001 through ▇-▇▇▇, ▇-▇▇▇ ▇▇▇▇▇▇▇ ▇-▇▇▇, and C-001 through C-009 approved by the City Council on August 14, 2018 (the “Site Plan”) and Exhibit E – The Building Summary. The Developer will construct a mixed-use development in accordance with Exhibit D that will contain Building A, Building C, and Building D. The Developer will construct the infrastructure and public improvements in accordance with Exhibit D and the terms of this Agreement. 1) 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 owned by the Developer and a portion of the DDA’s ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ property. The portion of the DDA ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Property necessary for the construction of Building A shall be transferred to the Developer by the DDA 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, 230,000 gross square feet in area, mixed-use building having retail uses and residential lobbies on the first floor. The remaining floors will have parking and 218 mixed-market residential rental units as shown on the Site Plan. 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 50-36(k) of the East Lansing City Code. The building structure shall not exceed 140 feet in height as measured from grade at the entrance at the corner of the property closest to Abbot and ▇▇▇▇▇▇ Avenues as 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. The 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 Amended ▇▇▇▇▇▇▇▇▇▇ Plan #11, as amended by the City Council, dated __________ 2018, 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 any MBT credit approved by the MEDC and MSF.