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i • <br /> : ` • ' <br /> . , <br /> . <br /> 5966 <br /> 8/16/06 <br /> 06G0023 Decatur, IL c9 <br /> AGR EMENT OF EASEMENTS, <br /> COVE�ANTS AND RESTRICTIONS <br /> THIS AGREEM�NT OF EASEMENTS, COVENANTS AND <br /> ST TIONS ("Agreement") is made and entered into as of the L� day of <br /> , 2006, beiw�aen the CITY OF DECATUR, an Illinois municipal <br /> co oration ("Deveioper"}, and G�VIRI, INC., a Florida oorporation ("Olive Garden"}. <br /> WITNESSETH <br /> WHEREAS, Target Corporation, a Minnesota corporation {"TargeY'), and <br /> Devefoper entered into an Oper ion and Easement Agreement dated as of January 7, <br /> 2004, recorded in Book 3445 at�Page 207 as Document No. 1647689 in the Macon <br /> County, Illinois Recorder's Office (the "0.E.A."), regarding the development and use of <br /> certain real property in Decatur, tllinois, more particularly described on the attached <br /> Exhibit A (the "Shopping Center")� and <br /> WHEREAS, at the ime Target and Developer executed the O.E.A., (a) <br /> Target owned a portion of the Sh pping Center which is referred to in the O.E.A. and in <br /> this Agreement as the °Target T act", and (b) Developer owned the remainder of the <br /> Shopping Center, which is refier�ed to in the O.E.A. and in this Agreement as the <br /> "Developer Tract"; and I <br /> WHEREAS, after thb 0.E.A. was executed and recorded <br /> Developer sold <br /> twa portions of the Developer Tr�ct, the first portion of which was sold to BSG-Star, <br /> L.L.C., an Illinois limited liability colmpany ("Blackstone Group"), and is referred to in the <br /> O.E.A. and in this Agreement as " ad C", and the second portion of which was sold to <br /> Olive Garden and is referred to in e O.E.A. and in this Agreement as "Pad B"; and <br /> WHEREAS, the portipn of the Developer Tract now owned by Developer <br /> is referred to in the O.E.A. and in t�his Agreement as "Pad Au; and <br /> - _ _ I <br />