State of Michigan DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET ¦*^„enl*Bu<)gel Lansing JENNIFER M. GRANHOLM PHYLLIS MELLON GOVERNOR ACTING DIRECTOR December 16, 2010 Mr. Amdani SSR Hospitality, LLC 4909 Oakton Street Skokie, Illinois 60077 SUBJECT: State of Michigan, Month-to-Month Services Agreement #11521 - Kalamazoo, MI Dear Mr. Amdani: Enclosed is a copy of the above-referenced executed Month-to-Month Services Agreement. The Real Estate Division will retain the original and forward a copy to the Department of Energy, Labor, Economic Growth. Rental payments are now authorized effective December 16, 2010. Should any questions arise concerning these payments, please contact Mr. David Thomas, contact for the Department of Energy, Labor, Economic Growth at (517) 241-1449. If you have any questions regarding the agreement, please contact Eric M. Yope at (616) 3613217 or yopee@michigan.qov . Sincerely, Deborah M. Roberts Interim Director, Real Estate Division Enclosures D. Thomas, DELEG E. Yope, RED (w/o end.) Bernice Sullivan, RED (w/o end.) File STEVENS T. MASON BUILDING 1ST FLOOR P.O. BOX 30026 LANSING, MICHIGAN 48909 www.michigan.gov/dtmb (517)335-8877 <«3SS*>: State of Michigan DEPARTMENT OF TECHNOLOGY, MANAGEMENTS BUDGET T«hnokgy, Management & Budget JENNIFER M. GRANHOLM -ansing PHYLLIS MELLON GOVERNOR ACTING DIRECTOR December 16, 2010 Mr. Amdani SSR Hospitality, LLC 4909 Oakton Street Skokie, Illinois 60077 SUBJECT: State of Michigan, Month-to-Month Services Agreement #11521 - Kalamazoo, MI Dear Mr. Amdani: The purpose of this communication is to provide you with a courtesy notice regarding legal authority to bind the State of Michigan (State) with respect to real estate leasing activities. No individual, employee or agent of the State of Michigan has authority to bind the State without proper authorization. The Department of Management and Budget Act (Public Act 431 of 1984, as amended) and Executive Order 2002-20 specify that the Department of Technology, Management and Budget (DMB) is the only department authorized to enter into lease agreements, subject to obtaining all necessary approvals. In accordance with the above, oral or written promises or representations made regarding a lease agreement, existing or proposed, or transmittal of written documents that have not been approved by the State Administrative Board, shall not be binding on the State. You must receive a fully executed document, signed by the Real Estate Division Director, for an agreement to be valid. Lessor is further advised that for maintenance related issues, agency personnel may be contacted directly. However, all other leasing matters are to be directed to the DMB Real Estate Division. Feel free to contact our office at (517) 335-6877 if you have any questions. Thank you for doing business with the State of Michigan. Sincerely, Deborah M. Roberts Interim Director, Real Estate Division STEVENS T. MASON BUILDING 1ST FLOOR P.O. BOX 30026 LANSING, MICHIGAN 48909 www.michigan.gov/dtmb (517) 335-6877 Agreement #11521 MONTH-TO-MONTH SERVICES AGREEMENT FOR HOTEL ACCOMMODATIONS Between CLARION HOTEL and the State Of Michigan THIS MONTH-TO-MONTH AGREEMENT ("Agreement") is entered into by and between SSR Hospitality, LLC, a Domestic Limited Liability Company, d.b.a. Clarion Hotel, as ("Hotel"), whose address is 4909 Oakton Street, Skokie, Illinois 60077, and the State of Michigan ("SOM"), by the Department of Technology, Management & Budget, whose address is 530 W. Allegan Street, Lansing, MI 48933, for the Michigan Department of Energy, Labor, Economic Growth (DELEG) - Michigan Commission for the Blind, and establishes the following terms, conditions, performance obligations, and covenants between the parties: 1. Rooms. Hotel shall provide to DELEG the following hotel accommodation services ("Rooms): thirty four (34) rooms on the first and second floor, one (1) meeting room on the first floor labeled as Reyes II, and, upon completion of the Restaurant Renovation (as hereinafter defined), the former restaurant space, common areas of certain portions of the Hotel property in common with other hotel guests (subject to Section 10 hereof), all of which are outlined on the property layout attached as Attachment "A". Additionally, DELEG shall have the use of fifty (50) standard parking spaces on the grounds of the property commonly known as 3600 East Cork Street, Kalamazoo, MI 49001 (the "Hotel Property") as further set forth on Attachment "B" to this Agreement. 2. Term. The term of this Agreement begins December 16, 2010 and ends November 15, 2011, subject to the cancellation provisions of this Agreement. 3. Rent. DELEG shall pay to the Hotel rent at the rate of Fifty One Thousand Three Hundred and 0O/1O0 dollars ($51,300.00) per month for thirty four (34) rooms, one meeting room, the former restaurant space, and use of the kitchen. The first rent installment payment shall be due on January 1, 2011 for the partial month of December and all of January. Thereafter, rent consideration installment payments shall be due on February 1, 2011 and the 1st of each month for the month for which the installment applies. Public Act 533 of 2004 requires that payments under this Agreement be processed by electronic funds transfer (EFT). Hotel is required to register to receive payments by EFT at the Contract & Payment Express website ( www.cpexpress.state.mi.us). Month-to-Month Agreement #11521-2010-0586 Page 1 of 9 4. Date of Possession. The Rooms shall be available for possession by DELEG beginning on December 16, 2010. The Date of Possession and ending date may be altered by mutual written consent. All Rooms and the parking shall be taken in their 'as-is' condition by DELEG, except for the Restaurant Renovation. 5. Cancellation. This Agreement may be canceled by DELEG beginning on December 16, 2010, and ending on May 15, 2011, upon ninety (90) days written notice to the Hotel, and beginning on May 16, 2011, and ending on November 15, 2011, upon thirty (30) days written notice to the Hotel delivered either in person, by recognized overnight courier service, or certified/registered mail return receipt requested to the Hotel's address as set forth under the "Notices" Section of this Agreement, or to such other address as either party may designate in writing for the delivery of notices under this Agreement. If DELEG does not pay the Rent set forth in Section 3 hereof and does not cure such breach of agreement within ten (10) days after Hotel has given DELEG notice thereof, Hotel may cancel this Agreement upon five (5) days written notice to DELEG. If DELEG breaches any of its obligations (other than non-payment of Rent) hereunder and does not cure such breach within ten (10) days after Hotel has given DELEG notice thereof, Hotel may cancel this Agreement upon twenty (20) days written notice to DELEG. 6. Hotel Representations, Obligations and Warranties. 6.1 Fire Inspection Report. Hotel shall provide to DELEG a written fire inspection report approving the Hotel Property for occupancy. 6.2 Governmental Compliance. Hotel represents and warrants that the Hotel Property will comply in all material respects with all applicable governmental laws, rules and regulations applicable to hotels during the term of this Agreement including, but not limited to, applicable codes and use permits. 6.3 Authority to Bind. Hotel represents and warrants that it has legal ownership and authority to enter into this Agreement, and shall provide a recorded warranty deed and/or other documentation necessary to confirm ownership and authority. 7. Repair and Maintenance. Except as to obligations expressly undertaken by DELEG as set forth herein, Hotel agrees to maintain the Hotel Property in sound working order and in compliance with applicable legal codes applicable to hotels and free from dangerous or defective conditions. 8. Services and Responsibilities of DELEG. DELEG shall furnish the following at its own expense: 8.1 Computers and printer/copiers (as needed). 8.2 Telephone service (calls and faxes). If DELEG uses any of the Hotel's phone services, they shall pay a mutually agreed to cost for all non-local calls and a cost to reconfigure such phone system, if required due to DELEG's use. If DELEG does not agree to the costs of non-local and/or such reconfiguration, DELEG shall have the right to install their own phone system provided that the Hotel shall have reasonable approval rights over the vendor and its access to the Hotel Property. Any and all vendors must provide adequate insurance to the Hotel prior to any access to the Hotel Property. DELEG shall not use the Hotel's business center. 8.3 Data access/service/equipment (IT network). If DELEG chooses to use the Hotel's wireless, then DELEG will pay to the Hotel the actual cost incurred by the Hotel in increasing such wireless' bandwidth, which is estimated to be approximately $250.00 per month. If DELEG chooses to install its own system, the Hotel shall have reasonable Month-to-MonthAgreement#11521-2010-0586 Page2of9 approval rights over the vendor and its access to the Hotel Property. Any and all vendors must provide adequate insurance to the Hotel prior to any access to the Hotel Property. 8.4 DELEG shall reimburse the Hotel for the difference in the amount of electricity, gas and water used in the kitchen area (Hotel to provide DELEG with a copy of the kitchen's utility bill for a given month and a copy of the previous year's bill for the same month to verify the difference in the cost). 8.5 DELEG shall provide the kitchen equipment inventory set forth on Attachment "C" and "C-1" attached hereto as well as its own first aid kit. Hotel shall have approval rights over the location and connectivity of such equipment. DELEG shall be responsible for keeping its kitchen equipment secured and in good working order. 8.6 Prior to possession, DELEG shall provide a list of staff that will have access to the kitchen to Hotel, which list shall be subject to Hotel's reasonable approval. DELEG shall notify Hotel in writing of any changes in staff, which is subject to Hotel's reasonable approval. DELEG shall insure that any and all staff that have access to the kitchen shall have valid licenses and permits as required for food service and handling, including all required training in compliance with any and all applicable laws, ordinances and regulations. DELEG shall insure that all staff that have access to the kitchen display identification at all times while on the Hotel Property. 8.7 DELEG shall clean all rooms used as office and meeting rooms. 9. Services and Responsibilities of Hotel. Hotel shall furnish the following at its own expense: 9.1 Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at 30" above the finished floor, and 12" inside any exterior wall at all times occupied. 9.2 Electric service for lights, office machines, and all other electrical equipment. Replacement of light bulbs and tubes as needed. 9.3 Replacement of all glass breakage in windows and doors, including plate glass, unless said breakage was caused by the negligence of DELEG's employees, guests, invitees or agents. 9.4 Provide and maintain any equipment required by the Fire Inspector for fire prevention and safety. 9.5 Utilities serving the Rooms, including electricity, water, sewer, gas, and/or steam (excluding the difference in the amount of utilities used in the kitchen area). 9.6 Once a week or when a room is turned over or vacated, standard guest room cleaning services for the dorm rooms only. 9.7 Snow removal from driveways, steps, porches and walkways. 9.8 Removal of trash and refuse from the Hotel Property (dumpster service). 9.9 Pest Control. 9.10 Prior to possession, keys/access cards allowing entrance to the Hotel Property shall be provided to the DELEG. 9.11 Within thirty (30) days of possession of the Rooms, Hotel will carpet, paint and/or wallpaper, clean, install updated lighting fixtures, install and/or repair ceiling and install furniture in the former restaurant space ("Restaurant Renovation'% If Hotel is delayed past thirty (30) days in completing the Restaurant Renovation, it shall supply alternative space to DELEG until such Restaurant Renovation is completed. 10. Use Restrictions and Covenants. DELEG agrees: 10.1 DELEG's employees, guests, invitees or agents shall not access, use, or occupy (i) the business center; (ii) any other hotel meeting facilities and rooms not included in Rooms, Month-to-Month Agreement #11521 -2010-0586 Page 3 of 9 (iii) the breakfast area labeled as ZUMA (temp) on Attachment WA" and (iv) the restaurant and bar facilities unless they are paying customers in such restaurant and/or bar facilities. 10.2 DELEG shall insure that its employees, guests, invitees or agents use any and all common areas of the Hotel Property in a manner consistent with hotel guest use and that such use does not interfere with Hotel's operations. 10.3 DELEG employees, guests, invitees or agents shall use the Southeast side entrance to the Hotel Property primarily for all ingress and egress to and from the Hotel Property. DELEG can, at its cost and expense, install signage at such entrance for DELEG provided the location, size and installation must be approved by Hotel, in its reasonable discretion. 10.4 No visitors of DELEG or its employees, guests or invitees shall be allowed in the Hotel after 6:00 p.m. unless signed in with DELEG's von duty' staff person. 10.5 DELEG's kitchen staff shall have access to the kitchen area only during the hours of 5:00 a.m. to 7:00 p.m. Monday through Friday and 10:30 a.m. to 7:00 p.m. on Sunday. Such staff shall use and occupy only those portions of the kitchen area as Hotel and DELEG mutually agree. 10.6 Rooms used for dorms shall have no more than two occupants each. 10.7 Any occupants staying in dorm rooms shall be over the age of 18 years or DELEG shall provide adult supervision for such occupants at all times during their stay at the Hotel. 10.8 All DELEG employees shall have and carry property identification evidencing same. 11. Assignment and Subletting. DELEG shall not assign or transfer any of its rights, obligations or interests under this Agreement without Hotel's prior written consent, in Hotel's sole discretion. 12. Alterations and Improvements. No alterations, modifications, or improvements shall be made to the Rooms or the Hotel Property without the prior written consent of the Hotel, which consent shall be in Hotel's sole and absolute discretion if such alteration, modification or improvement is permanent and/or affects the systems of the Hotel Property or is a wall or floor covering. At the expiration of the Agreement, DELEG shall return the Rooms to Hotel in the same condition as they existed as of the date hereof, normal wear and tear for hotel use excepted. 13. Damage and Destruction. DELEG shall be liable for any and all damage to Hotel Property, including the Rooms caused by sole action of DELEG's employees, guests, invitees or agents or by any casualty insured under the DELEG's self insurance policy. 14. Holding Over. In the event DELEG remains in possession of the Rooms after the expiration or termination of the Agreement, it shall be deemed to be occupying the Rooms month-to-month, subject to all conditions, provisions and obligations of this Agreement, and the rent shall remain the same as the monthly rent owing at the end of the Agreement. 15. Environmental. The parties shall comply with all applicable federal, state and local environmental laws, regulations and rules, including without limitation financial liability and responsibility for the cleanup, containment and abatement of any spills or discharges of hazardous substances on or within the Hotel Property. 15.1 Hotel represents and warrants that there is no known adverse environmental condition on or within the Hotel Property. 15.2 DELEG assumes no liability or responsibility for any spills or discharges of hazardous substances that occurred before Possession, regardless of when those spills or discharges are discovered. Month-to-Month Agreement #11521-2010-0586 Page 4 of 9 16. Insurance. Hotel is required to provide proof of the minimum levels of insurance coverage as indicated below for the Hotel Property within thirty (30) calendar days of the Effective Date of this Agreement. As proof, Hotel must furnish to DELEG certificate(s) of insurance verifying insurance coverage. The certificate must be on the standard "Accord" form, and such certificate(s) must be prepared and submitted by the insurance provider. All such insurance certificate(s) shall contain a provision indicating that coverages afforded under the policies will not be canceled, materially changed, or not renewed without sixty (60) days prior written notice, except for non-payment of premium, having been given to Hotel per the Notice provision (Paragraph 17) of this Agreement. If proof is not received within the stated timeframe, or a notice of cancellation is received and proof of new coverage is then not received within thirty (30) days of the written notice being sent from DELEG to Hotel, DELEG may at its own discretion obtain said insurance on its own, but is not required to do so, or may cancel this Agreement. If DELEG obtains insurance, Hotel will be charged the cost of the insurance. Such costs will be deducted from the rent payment and is non-refundable. The insurance requirements are as follows: 16.1 Commercial Property Insurance, including extended coverage, vandalism and malicious mischief, sprinkler damage and where applicable, flood coverage, in an amount equal to 100% of the full replacement cost of the Rooms, with a deductible not to exceed $50,000. 16.2 Commercial General Liability Insurance with a limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to these Hotel Property. Hotel must name the State of Michigan, its departments, divisions, agencies, offices, boards, commissions, officers, employees and agents as additional insured parties on the Commercial General Liability policy. The Hotel must agree to waive all rights against the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees and agents for recovery of damages to the extent these damages are covered by the insurance policies the Hotel is required to maintain pursuant to this agreement. The Hotel also agrees to provide evidence that all applicable insurance policies contain a waiver of subrogation by the insurance company. DELEG reserves the right to reject insurance written by an insurer that DELEG deems unacceptable. All insurance coverages provided relative to this Agreement are primary and non-contributing to any comparable insurance (including selfinsurances) carried by the State. The State of Michigan hereby represents and warrants that it is self-insured at comparable levels to those set forth in Sections 16.1 and 16.2 above and for worker's compensation as required by law. The State additionally covenants that during the term hereof, it will either obtain insurance comparable to that set forth in Section 16.1 and 16.2 above as well as workers compensation insurance as required by law or that it will remain self insured at comparable levels and with comparable coverage, including defense obligations. 17. Public Policy Provisions. 17.1 Non-Discrimination. Hotel shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, Month-to-Month Agreement #11521-2010-0586 Page 5 of 9 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual's ability to perform the duties of a particular job or position. The Hotel agrees to include in every subcontract entered into for the performance of this real estate contract this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. 17.2 Unfair Labor Practices, This Agreement may be canceled by DELEG if Hotel or any subcontractor, manufacturer or supplier of the Hotel appears in the register compiled by the Michigan Department of Energy, Labor, Economic Growth pursuant to 1980 Public Act 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair Labor Practices Act). A breach of this covenant is a material breach of this Agreement. 18. Notices. Any notices under this Agreement shall be complete if submitted in writing and by personal delivery (with signed delivery receipt), or by certified/registered mail (a return receipt requested), or by a recognized overnight courier service. Notices shall be deemed effective on the date and time of the delivery receipt. Hotel State of Michiqan - DTMB Greg Deau, Director of Sales Director, Real Estate Division Clarion Hotel Department of Technology, Management & Budget 3600 East Cork Street 530 West Alleqan Street, Mason Bldq 1st floor Kalamazoo, MI 49001 Lansinq MI 48933 E-mail: qdeau@atirahotels.comP.O. Box 30026, Lansing, MI 48909 Telephone: 269-385-3922 Fax: 269-385-2747 Copy to DELEG Mr. David K. Thomas Copy to Atira Hospitality Director, Office Services Division Attn: Sanjeev Misra 340 West Evergreen 3W Department of Energy, Labor, and Economic Growth Chicago, IL 60610 611 West Ottawa Street, 4th floor Lansinq, MI 48933 E-mail: smisra@atirahoteIs.comTelephone: 312-239-0601 19. Quiet Enjoyment. DELEG, upon payment of the stated rent and the performance of the conditions outlined herein, may peacefully and quietly have, hold, and enjoy the Rooms. Hotel may access the Rooms as needed, with prior notice to DELEG staff, to perform its responsibilities under this Agreement and to make reasonable inspections of Hotel's property. Month-to-Month Agreement #11521-2010-0586 Page 6 of 9 20. Miscellaneous Provisions. 20.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan. 20.2 Mutual Drafting. This Agreement shall be interpreted and construed as drafted mutually by both parties. 20.3 Entire Agreement. This Agreement, with all Attachments as listed herein, constitutes the entire agreement between the parties with regard to this transaction and may be amended only in writing, signed by each party. 20.4 Severability. Should any provision of this Agreement or any addenda thereto be found to be illegal or otherwise unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions of the Agreement. 20.5 Waiver. Failure to enforce any term of this Agreement shall not be deemed a waiver of the enforcement of that or any other term of this Agreement. 20.6 Effective Date. The Effective Date of this Agreement is the date signed by the Real Estate Director of the Department of Technology, Management & Budget. 20.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of Hotel and DELEG. 21. Attachments. 21.1 Attachment "A"- 1 page, floor plan 21.2 Attachment "B" - 4 pages, deed/legal description 21.3 Attachment "C" - 1 page, description of plan for inventory of kitchen equipment 21.4 Attachment "C-l" - 1 page, finalized inventory of kitchen equipment Month-to-Month Agreement #11521 -2010-0586 Page 7 of 9 IN WITNESS WHEREOF, the .parties to this Agreement subscribe their names on the date set forth below. Witness: HOTEL: S5R Hospitality, LLC m^-ft-0 /(#**¦ Signature Print Name: S&oMo leh'tii QW-*_ A ¦/Q>eft "=- (S < c Witness: Signaju/e Print Name: fvM imicHOTEL: SSR Hospitality, LLC River Road Development LLC By: _^^ Signature Print Name: Ashik Patel Title: AsHilc An*-~ K?/* Date: }\~ \S~i & Month-to-Month Agreement #11521-2010-0586 Page 6 of 9 Witness: \fr60 C &*"***& Signature Print Name: r)ob'n C 'Renrfett' SOM: Department of Energy, Labor, Economic Growth QjJ*M~jl ^HAj Date: frlU'lb Signature Print Name: /IuAkIK iJll Title: tytfaffTU*; FAT Witness: l^n Signature ^ Printed Name: t^^u NV SOM: Department of Technology, Management & Budget I yjkuL it JitoU^. Date: /<#-/6>~/o Deborah M. Roberts Interim Director, Real Estate Division Department of Technology, Management & Budget Form Updated: 4-1-2010 Month-to-Month Agreement #11521-2010-0586 Page 9 of 9 PROPERTY LAYOUT 227 225 223 221 219 217 215 211 209 207 Support Serv 205 203 201 Elevator 1st Floor C=Class Room D=Dorm 0=0tfice SL=Student Lounge King King King King King King King King 2 Queen 2 Queen Jacuzzi 2 Queen 2 Queen Stairs 224 OM Staff 222 4RTSIaff 220 4 RT Staff 218 Sue Gallager 216 Sherri 214 Rose/Interns 212 Bruce 210 Angie/Corda 208 206 204 202 200 I Stairs 2nd Floor O D O D O D O D O D O D O D O D O O O D O O D D D 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen 2 Queen Jacuzzi 2 Queen 2 Queen iz UJ O §g 2 UJ 5 g OG *~ CD |C0 E o uj Q x > (_ CO (£ n_ «50 Pujg 5 2 z 5 ¦f PALASADESI PALASADESII ZUMA(temp) Business) Center 1 - Student Lounge - Reyes li 13- Dorm Rooms - 201,202,203.207,209,211.215, 217,219,221,223,225,227 21 -Offices/Classrooms -110,112,114,116,118,120, 122,124,123,204,205,206,208,210,212,214, 216,218,220,222,224 3 - Former Restaurant (equivalent of The cost of 3 rooms) 38- total units FORMER RESTAURANT SI* w i o ¦o ^> o Sf 8 w g « x> ° to V> §8S§ O TO Entrance ZUMA MONTEREY « 2 £ e O w o „ 8*2 8_$s w § t> K' RECEIVED 2ppCT-7 AM 11* 33 C0W1Y OF KALAMAZOO 2010-032006 10/07/2010 12:12:09 PM Pagas: 1 of 4 WO PINNACLE TITLE Timothy fi. Snow County Clerk/Register Kalamaioo County MI Bl^mW/!WKIMtliWMHft»Jifrllil« WWII Property Tax Certificate # /<$*% h*» b»n Issued for this document indlmtt „ „T descriptionbytlwKalimaiooCKyTreMtiw. TO WARRANTY DEED Between Grantor: RIVER ROAD DEVELOPMENT, LLC, a California limited liability company, authorized to transact business in Michigan as CLARION HOIEL KALAMAZOO, LLC, and Gr antee: SSR HOSPIIALITY LLC, a Michigan limited liability company Legal Description Land situated in the City of Kalamazoo, County of Kalamazoo, and State of Michigan, desciibed as: Exhibit A Paicell (Clarion Hotel): Commencing at the Northeast comer of Section 36,1.2 S., R. 11 W, City of Kalamazoo, Kalamazoo County, Michigan; thence North 89 degrees 51 minutes 02 seconds West along the North line of said Section, 937 82 feet (recorded as 936.22 feet) to a point 399 29 feet South 89 degrees 51 minutes 02 seconds East of the West line of the East V4 of the Northeast % of said Section as monumented in Gembiit Industrial Park, as recorded in Liber 26 of Plats on Page 29, Kalamazoo County Records; thence South 0 degrees 17 minutes 32 seconds East parallel with said West line, 237 00 feet for the place of beginning of the land hereinafter described; thence continuing South 0 degrees 17 minutes 32 seconds East, 458 42 feet; thence South 89 degt ees 46 minutes 35 seconds West, 399 28 feet to the West line of the East XA of the Northeast % of said Section; thence North 0 degrees 17 minutes 32 seconds West along said West line, 698 02 feet to the North line of said Section 36; thence South 89 degrees 51 minutes 02 seconds East, 124 29 feet; thence South 0 degrees 17 minutes 32 seconds East, 129 00 feet; thence South 39 degiees 14 minutes 07 seconds East, 141 58 feet; thence North 89 degrees 42 minutes 28 seconds East, 186.00 feet to the place of beginning Subject to and together with easements for water and natural gas as contained in the Grant of Easement for certain utilities dated January 28, 1998 and lecoided Febiuary 5,1998 in Libei 1996, Page 824 Parcel 3 (Motel Parcel/North ["D"]): Commencing at theNottheast coiner of Section 36,1 2 S., R 11 W, City of Kalamazoo, Kalamazoo County, Michigan; thence North 89 degrees 51 minutes 02 seconds West along the North line of said Section 937.82 feet (recorded as 936 22 feet) to a point 399 29 feet South 89 degrees 51 minutes 02 seconds East of the West line of the East lA of the Northeast 14 of said Section as monumented in Gembrit Industrial Park, as lecoided in Liber 26 of Plats on Page 29, Kalamazoo County Records for the place of beginning of the land heieinaftei desciibed; thence South 0 degrees 17 minutes 32 seconds East, parallel with said West line, 237 00 feet: thence South 89 degrees 42 minutes 28 seconds West, 186 00 feet; thence North 39 degiees 14 minutes 07 seconds West, 141.58 feet; thence North 0 degrees 17 minutes 32 seconds West, 129.00 feet to the North line of said Section; thence South 89 degrees 51 minutes 02 seconds East theieon, 275 00 feet to the place of beginning. Togethet with an easement for ingress and egress over Shared Drive A: Commencing at the Northeast coiner of Section 36, T. 2 S_, R. 11 W, and lunning thence North 89 degiees 51 minutes 02 seconds West along the North line of said Section, 1,212 82 feet for the place of beginning of the land heieinaftei desciibed; thence continuing North 89 degiees 51 minutes 02 seconds West, 32.00 feet; thence South 0 degrees 11 minutes 32 seconds East 137 38 feet; thence South 39 degrees 14 minutes 07 seconds East, 13113 feet: thence North 89 degiees 42 minutes 28 seconds East, 2010-032006 10/07/2010 12:12:09 PM Pages: 3 of 4 WO PINNACLE TITLE Timothy fl. Snow County Clefk/Realster Kalamasoo County I'll page 3 of 4 H IT* WWWjWKIWE HALU IHMMhWIH Hill Property Tax Certificate # _/^-£^Sf_ h*» been Issued for this document »d l»9*l d««rlp