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3. Si ns. Article 4, Section <br />g00007944 <br />4.3(d)(iv) is deleted in its entirety and the following is substituted in lieu thereof: <br />(iv) No more than one designation or logo (which shall be for a <br />business which is in operation on the Parcel on which the sign is located) <br />may appear on either side of a monument sign, except that Albertson's <br />shall be allowed to advertise on the Parcel 24 monument sign, as long as a <br />Fuel Center is being operated within Parcel 24, the grade or type, and the <br />price, of its gasoline and other products sold from the Fuel Center on <br />Parcel 24, and shall also be entitled to place a logo or designation for an <br />ATM and/or car wash on such sign; <br />4. Use Restrictions. Article 5, Section 5.1 is amended by deleting all specific references to <br />Parcel 26 and substituting therefor references to Parcel 24, it being understood that the Fuel <br />Center to be constructed by Albertson's, its affiliates, assigns or subtenants will be <br />constructed on Parcel 24 instead of Parcel 26. <br />5. Fuel Center Construction and Operation: The following Article 9 is added at the end <br />of the Declaration: <br />9. Fuel Center Construction and Operation. Notwithstanding anything in this <br />Declaration to the contrary: <br />(a) Albertson's, its affiliates, assigns or subtenants may, with the prior written <br />approval of Allen, which approval shall not be unreasonably withheld or delayed, <br />construct and operate a Fuel Center on Parcel 24 as shown on Exhibit "A" or anywhere <br />within the Building Envelope, if any, as shown on Exhibit "A," provided, however, that <br />the building may extend to a height not to exceed twenty -two (22) feet and such building <br />shall otherwise comply with the provisions of this Declaration and shall be constructed in <br />accordance with Albertson's standard or prototypical elevation plans (including signs and <br />color) as may be modified from time to time and as approved by Allen, which approval <br />will not be unreasonably withheld or delayed. <br />(b) Subject to governmental approval and as long as a Fuel Center is being <br />operated within Parcel 24, Albertson's, its affiliates, assigns or subtenants may erect a <br />monument sign, in the location depicted on the Site Plan, not exceeding ten (10) feet in <br />height (measured from the ground to the highest point of the sign structure) or twelve (12) <br />feet in width on Parcel 24 in accordance with Albertson's prototypical sign plans as may <br />be modified from time to time and as approved by Allen, which approval will not be <br />unreasonably withheld or delayed. Said Sign shall be restricted to identification of the <br />business, grade or type, and the price of gasoline sold from the Fuel Center on Parcel 24, <br />and may also include a logo or designation for an ATM and/or car wash on such sign. <br />6. Driveup and Drive Through Facilities. Consenting Owners hereby consent to the <br />construction and operation of a Fuel Center with driveup and drive through customer <br />service facilities on Parcel 24 as depicted on the Site Plan attached hereto as Exhibit "B." <br />3 <br />