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, � 896bdvc9.doc #08VG- 13'"Street and Hwy. 281 04/21/99 3:27 PM Grand Island,NE DEVELOPMENT AGREEMENT 9 9 10 6 3 7 5 This DEVELOPMENT AGREEMENT is an exhibit to, and constitutes additional obligations of the parties under, that certain Shopping Center Ground Lease (the "Ground Lease") between Robert M. Allen Family Limited Partnership, a Nebraska limited partnership, as Landlord, and Albertson's, Inc., a Delaware corporation, as Tenant, relating to the proposed Shopping Center at the southeast corner of the intersection of 13`h Street and Highway 281 in the City of Grand Island, Hall County, State of Nebraska. 1. Defnitions. Unless otherwise specified or defined herein, all words and phrases for which a definition is set forth in the Ground Lease shall have the same meaning herein as they do in the Ground Lease; provided that for purposes of this Development Agreement only, "Phase 1 Site Work" shall refer to the Site Work described o�n Exhibit "D," attached hereto and incorporated herein, constituting the Site Work (as more particularly described in Section 5 hereo� which Landlord is obligated to perform in conjunction with the development of the land area shown as "Phase 1" on Exhibit "A;" "Phase 1" shall refer to the Phase 1 Site Work, together with the buildings to be constructed on Parcels 1 and 2; and "Phase 2" shall refer to the land area shown on Exhibit "A" as "Phase 2," together with the balance of the Site Work (outside of the Phase 1 Site Work described on Exhibit "D") to be performed in the Shopping Center when the balance of the Shopping Center may be developed. The parties acknowledge that they are using these specific definitions of Phases 1 and 2 in this Development Agreement (as opposed to those set forth in the Ground Lease) because the Site Work to be performed in conjunction with the development of Parcels 1 and 2 does not directly correspond to, and is not limited to, the geographical area shown as "Phase 1" on Exhibit "A" attached hereto and incorporated herein, but also includes certain off-site work, utility work, and other work as listed on Exhibit "D," required to be done by Landlord in conjunction with development of Parcels 1 and 2. The area shown as "Phase 3" on Exhibit "A" is not a part of the Shopping Center for purposes of the Ground Lease or this Development Agreement, but such Phase 3 area (including Parcels 6 through 13 shown on Exhibit "A") is taken into account for the limited purpose of calculating the pro rata shares of the other Parcels for Categories I and V of the Phase 1 Site Work costs, as set forth on Exhibit "D." 2 . Construction by Tenant. 2.1 Tenant shall commence construction of a building having approximately 57,467 square feet of Ground Floor Area ("Tenant's Building") within the Building Area of the Leased Premises shown as Parcel2 on Exhibit "A" attached hereto and incorporated herein by this reference, within (a) one year after the date all of the conditions set forth in Article 7