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OPERATION AND EASEMENT AGREEMENT <br /> THIS OPERATION AND EASEMENT AGREEMENT ("OEA") is made and entered <br /> into as of the day of , 200_, between TARGET CORPORATION, <br /> a Minnesota corporation ("Target") and THE CITY OF DECATUR a Municipal corporation of <br /> the State of Illinois ("Developer"). <br /> WITNESSETH <br /> WHEREAS, Target is the owner of a certain tract of land located at the intersection of <br /> Mound Road and U.S. Route 51 in the City of Decatur, County of Macon, State of Illinois, <br /> legally described in Exhibit A attached hereto and identified as the "Target Tract" on Exhibit X I <br />' (the "Site Plan") attached hereto; and <br /> wn r of a certain tract of land ad'acent to the Tar et Tract <br /> WHEREAS Develo er is the o e g <br /> , p J <br /> legally described in Exhibit B attached hereto and identified as the "Developer Tract" on the Site <br /> Plan; and <br /> WHEREAS, the Target Tract and the Developer Tract (collectively, the "Shopping <br /> Center") are contiguous and adjacent to each other as shown on the Site Plan; and <br /> WHEREAS, the signatories hereto intend to develop and operate their respective Tracts <br /> in conjunction with each other as integral parts of a retail shopping complex, but not a planned or <br /> common interest development/community, and in order to effectuate the common use and <br /> operation of their respective Tracts they desire to enter into certain covenants and agreements, <br /> and to grant to each other certain reciprocal easements, in, to, over, and across their respective <br /> Tracts. <br /> NOW, THEREFORE, in consideration of the premises, the covenants and agreements <br /> hereinafter set forth and in furtherance of the parties' understanding, it is agreed as follows: <br /> ARTICLE I - DEFINITIONS <br /> 1.1 Apnrovin��rty "Approving Party" shall mean the Party designated from <br /> time to time to make certain decisions and/or give certain approvals pursuant to the terms of this <br /> 1 <br /> #592904 v5-OEA-Decatur <br /> 9/l9/2003 <br />