05-1563 Target Oper. & Easement - Laserfiche WebLink

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hereto and identified as the "PETsMart Tract" on the site plan. G. Thomas C. Richards is the owner of a certain tract ofland described in Exhibit F attached hereto and identified as "Steak & Shake" on the site plan. H. Target desires to expand the size of the Building Area on the Target Tract, and the Approving Parties have consented to such expansion. 1. The parties hereto desire to amend the OEA to reflect the expansion ofthe Building Area on the Target Tract and to otherwise amend and supplement the OEA as specifically set forth herein. NOW THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: I. Site Plan. The Site Plan attached to the OEA is hereby deleted in its entirety and replaced by Exhibit X-2 attached hereto and made a part hereof. From and after the date hereof, all references in the OEA to the Site Plan or to Exhibit X or Exhibit X-I shall be deemed to refer to Exhibit X-2 attached hereto. 2. Tar!!et Expansion: Acknowled!!ement of Compliance. The Parties hereto consent to and approve of the remodeling and expansion of the building and other improvements on the Target Tract within the Building Area shown on the Site Plan as amended hereby, including the modifications of the Common Area associated therewith (collectively, the "Target Expansion"). The Parties hereto acknowledge and agree that Target has complied in all respects with the provisions of the OEA concerning changes to the Common Area and the improvements located on the Target Tract, including but not limited to the terms of Sections 3.2(F) and 3.3(B) of the OEA, and this Amendment shall serve as conclusive evidence that Target has secured ITom all Parties any and all consents and approvals required under the OEA in connection with the Target Expansion. 3. Construction Plan. All construction vehicles, equipment, and materials associated with the Target Expansion, shall only enter and exit the Shopping Center in the "Construction Access Way", as shown and labeled on the construction plan attached hereto as Exhibit A (the "Construction Plan"). The staging and/or storage area related to the Target Expansion shall be located in the area(s) shown on the Construction Plan as "Permissible Staging Area." TIris Amendment shall serve as conclusive evidence that Target has secured ITom all Parties any and all consents and approvals required under the OEA in connection with the construction access, staging, and storage associated with the Target Expansion, including but not limited to such approvals and licenses as may be required under Section 3.l(D) and 3.1(E). 4. Parkin!!. With respect to the Target Tract and the PETsMart Tract, the minimum number of parking spaces for each one thousand (1,000) square feet of Floor Area on each such Tract as set forth in Section 3.2(E)(i) of the OEA is hereby reduced ITom five (5.0) to four (4.0). Documcnt#: 236] 74 Version: v2