Item A: Beam Development Purchase and Sale Agreement Terms

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13.3.2.2 If, after thirty (30) days of each party using good faith efforts Beam and Agency are unable to obtain commitments for the additional funding needed to cover the Centre Court/Vacant Lot Construction Loan amount, Beam may request that Agency reacquire the Property from Beam. Within thirty (30) days of Beam making such request, Beam shall transfer the Property, via bargain and sale deed, to Agency for Fifty Thousand Dollars ($50,000) and relief from the Acquisition Loan. At the time of Agency’s reacquisition of the Property pursuant to this Section 13.3.2.2, Agency shall reimburse Beam for fees and charges actually paid by Beam to third parties and attributable to Beam’s acquisition of the Property, up to a maximum of _____ Dollars ($_____). Beam shall provide to Agency documentation reasonably requested by Agency to determine the amount of reimbursement under this section. B’O-GP-LR;CL. 13.3.3 In the EAMS NOING REEASING EQUIREMENTS ITY EASE event Beam is able to fulfill Senior Lender’s pre-leasing requirements prior to Project Completion, Beam shall allow the City, at no cost to the City and pursuant to the City Lease, opt out of or reduce the lease rate and/or square footage of the premises described in the City Lease. Such changes to the City Lease, if any, shall be reflected in Exhibit F amendments to . Pursuant to the City Lease, Beam shall provide City written notice of (i) Project Completion; and (ii) completion of the tenant improvements made by Beam to the City’s leased premises. CL;PPW. 13.4 Buyer will OMPLIANCE WITH AWS AYMENT OF REVAILING AGES redevelop the Property in accordance with all applicable federal, state and local laws, including applicable federal and state prevailing wage laws. 13.4.1 Beam shall pay prevailing wages and comply with all prevailing wage rate laws, as set forth in the Davis-Bacon Act (40 USC 3141, et seq.) and under ORS 279C.800 through and including ORS 279C.870. Beam shall cause its contractors and subcontractors working on the Project to pay such wages and to comply with all other prevailing wage rate laws. 13.4.1.1 Every contract and subcontract between Beam and its contractors and subcontractors shall contain a provision that the workers shall be paid not less than the specified minimum hourly rate of wage. The Specifications for this Agreement and every contract between Beam and its contractors and subcontractors shall further include the applicable prevailing rate of wage for all of the laborers working on the Project. 13.4.1.2 Because the Project is subject to both ORS 279C.800 to 279C.870 and the Davis-Bacon Act, Beam, its contractors and subcontractors shall pay at least the higher of the state and the federal prevailing rates of wages. 13.4.1.3 At the time Beam enters into this Agreement, Beam shall pay Agency the administrative fee required under ORS 279C.825. Page 17 - PURCHASE AND SALE AGREEMENT – DRAFT #3 (20 May 2008)