R2006-138 AUTHORIZING AGREEMENT AMENDMENT

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WHEREAS, pursuant to Section 6.8(E) of the OEA, the OEA may be amended by a written agreement signed by all of the then current Approving Parties and shall be effective only when recorded in the Counry and State where the Shopping Center is located; provided, however, that no such amendment shall impose any materially greater obligation on, or materially impair any right of, a Party or its Tract without the consent of such Party; and WHEREAS, Target is the Approving Party with respect to the Target Tract and Developer is the Approving Party with respect to the Developer Tract; and WHEREAS, the Approving Parties desire to amend certain terms and conditions of the OEA as provided in this Amendment. NOW, THEREFORE, in consideration of the prerrrises, covenants and agreements set forth in this Amendment, and in furtherance of the Approving Parties' , understanding, it is agreed as follows: , ]. Defined Terms. The capitalized terms in this Amendment shall have the definitions given to them in the OEA, except as otherwise provided in this Amendment. 2. Amended Site Plan. The Site Plan attached to the OEA is hereby deleted and is hereby substituted with the Site Plan attached hereto as Exhibit X - 1 (the - "Amended Site Plan"). From and after the Effective Date, all references in the OEA to the Site Plan or Exhibit X shall be deemed to mean the Amended Site Plan. 3. Overflow Parking. Pad B is permitted to use the "overflow parking area" on Pad A as shown on Exhibit X-1 to satisfy the minimum parking requiremenu described in Section 3.2(E)(iii) of the OEA, notwithstanding Section 3.2(E} of the OEA to the contrary. The employees of a business operating on Pad B may use the overflow parking area on Pad A, in addition to the parking area on Pad B, to park their vehicles, notwithstanding the provisions of Section 5.1 (H) of the OEA. Any overflow parking spaces on Pad A that are allocated to Pad B cannot at the same time also be allocated to meet the minimum parking requiremenu for Pad A. 4. Pad Maintenance. Target's right to takeover the Common Area maintenance of the Developer Tract pursuant to the terms and provisions of Section 4.3 shall be on a Tract by Tract basis. A default by one Pad Owner shall not trigger Target's Section 4.3 takeover rights as to any other Pad. 5. Exterior Signage. With regard to Section 5.3(E)(i) of the OEA, the Building on Pad B may have a third (3�d) Bui(ding sign located on the exterior of the Building. 6. Monument S;gn. With regard to Section 5.3(A) of the OEA, the Sign Area for the one (1 ) Monument Sign for Pad B may be located along Route 51 on Pad B, instead of along Mound Road. 7. Notice Addresses. Section 6.4 of the OEA is amended by adding the following addresses for purposes of future notices: 2