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AGREEMENT:
<br />9000079
<br />NOW, THEREFORE, for good and valuable consideration, the receipt and su fiiciency of
<br />which is hereby acknowledged, the Parties agree as follows:
<br />1. Definitions. Capitalized terms not otherwise defined herein shall have the respective
<br />�. meanings ascribed to such terms in the Declaration. The definitions set forth in the
<br />Declaration are hereby modified and supplemented as follows:
<br />(a) "Fuel Center ": shall be defined as Fuel Facilities, drive up and drive through
<br />customer service drives, and any building(s) (which may include a single bay car wash
<br />and/or a convenience store) constructed and operated on Parcel 24 as shown on Exhibit "A"
<br />or anywhere within the Building Envelope, if any, as shown on Exhibit "A."
<br />(b) "Fuel Facilities ": shall be defined as fuel islands, fuel island canopies and the
<br />area thereunder, fuel pumps, fuel storage tanks, piping, tank filling ports, compressed air
<br />islands, trash receptacles, air hoses, water hoses, vacuums, signs, safety equipment, access
<br />ports, and other fixtures, structures and equipment associated with selling and dispensing of
<br />gasoline, motor fuel or other non - packaged petroleum products (collectively "Petroleum ").
<br />Notwithstanding anything in this Declaration to the contrary, Fuel Facilities, whether or not
<br />attached to a building, shall not be deemed to be part of the Common Area. For the
<br />purposes of Building Area or floor area square footage calculations or limitations including,
<br />but not limited to, Building Area maximums, parking ratios and/or pro rata shares, the area
<br />covered by such Fuel Facilities shall not be included in the Building Area or floor area of
<br />such Parcel.
<br />2. Communication Facilities Easement. Article 3, Section 3.2(a) is deleted in its entirety and
<br />the following is substituted in lieu thereof:
<br />(a) Grant of Easements. Each Owner, as grantor, hereby grants to the
<br />other Owners, for the benefit of each Parcel belonging to the other Owners, as
<br />grantees, a nonexclusive easement under, through and across the Common Area of
<br />the grantor's Parcel(s) for the installation, operation, maintenance, repair and
<br />replacement of (i) water drainage systems or structures, water mains, sewers,
<br />water sprinkler system lines, (ii) telephones, (iii) electrical conduits or systems,
<br />transmission lines and facilities, (iv) pneumatic or pressurized air tube devises
<br />(between Parcels 2 and 24 only), (v) data conduit lines, or (vi) gas mains and other
<br />public or private utilities (collectively "Utility Lines and Facilities "). Each
<br />Owner agrees to grant such additional easements as are reasonably required by
<br />any public or private utility for the purpose of providing Utility Lines and
<br />Facilities to Phase 1 and Phase 2, provided such easements are not otherwise
<br />inconsistent with the provisions of this Declaration
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