R2013-119 AUTHORIZING AMENDMENT TO CONTRACT OF SALE WITH HARRISON MANAGEMENT GROUP, LLC

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subject to an Operation and Easement Agreement between Seller and Target Corporation, recorded in Book 3445 at Page 207 as Document No. 1647689 in the Macon County, is Recorder's Office as amended b an Amendment to Operation and Easement Illinois y p Agreement, recorded in Book 3740 at Page 540 as Document No. 1714438 in such Recorder's Office(as amended, the"OEA")and an Agreement of Easements, Covenants and Restrictions dated September 16, 2006 between Seller and GMRI, Inc., recorded in such Recorder's Office (the "Olive Garden Agreement"). The OEA and Olive Garden Agreement restrict the development and use of the Property, including without limitation,a limit of 10%of the floor area of the non-Target buildings in Mound Center$hopping Center collectively being used for"Retail Office"such as by banks, stock brokerage and insurance companies. (b) Buyer obtaining boring, percolation and other soil tests of the Property showing the Property is not contaminated and the soil and the physical characteristics of the Property are satisfactory for Buyer's proposed development. (c) That the survey of the Property described in Paragraph 5 below does not disclose any condition, easement or restriction affecting the Property which would prevent Buyer's proposed development of the Property. (d) That the Properly is zoned to allow Buyer's proposed development and use of the.Property. (e) That Seller and Buyer enter into an agreement in whilch Seller agrees f to annually pay to Buyer ai3 amount equal to 80% of the sales taxa paid by Buyer I attributable to retail sales tom Buyer's business operating on the, Property, such agreement to have a term that expires 5 years after Buyer opens such business on the Property) andSuch c�GJYr;2me,eC hub'ect-� l,�v's Ci 6)w"C�� a_9P VV1()� � ... ._ 3 �,re.�,m e . . .