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202004171
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3/11/2021 10:43:21 AM
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6/22/2020 4:10:07 PM
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202004171
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202004171 <br />March 25, 2020 <br />Via Email <br />Paces Ferry Rd, Atlanta, GA 30339 <br />(770) 433-8211 <br />Boh Kurylo <br />The Lerner Company <br />10855 W. Dodge Road, Suite 270 <br />Omaha, NE 68154 <br />bkurylo@lernerco.com <br />Re: Home Depot Store 3208 — Grand Island, NE <br />Third Party Request for Approval for Tommy's Car Wash <br />Dear Mr. Kurylo: <br />Home Depot U.S.A., Inc. ("Home Depot") acknowledges that certain approval rights are set forth in <br />Paragraph 2.5 of Section 2 of that certain Declaration of Restrictions and Grant of Easements by and <br />between Robert M. Allen Family Limited Partnership and Albertson's, Inc., dated March 11, 1999, recorded <br />June 24, 1999 as Document No. 99-106376, in the Office of the Register of Deeds, Hall County, Nebraska, <br />as amended (the "RAGE"). All capitalized terms used in this letter that are not defined or modified herein <br />shall have the meanings ascribed to them in the RAGE. <br />Home Depot hereby consents to the construction and operation of a Tommy's Car Wash in the location <br />outlined in red on site plan entitled "Eagle Run Strip Center -The Lerner Company" and also outlined in red <br />on the Meadowlark West Tenth Subdivision - Final Plat prepared by Olsson Associates dated April 11, <br />2017, copies of which are attached hereto and incorporated herein as Exhibit "A" (the "Plans"), provided <br />that, in addition to all other terms, conditions and restrictions imposed upon the location by the RAGE and <br />any other governing documents, the following conditions are met: a) The design and layout shall be as <br />shown on the Site Plan drawings for Tommy Car Wash Systems prepared for the location W. Faidley <br />Avenue & Allen Drive, Grand Island, NE 68803 dated 06/21/19, copies of which are attached hereto as <br />Exhibit B; b) Tommy's Car Wash shall maintain the car wash in a first class manner; and c) Tommy's Car <br />Wash shall be in compliance with all local, state and federal storm water regulations in effect for operating <br />this type of business. <br />Home Depot's consent to the Plans is in no way a representation (or agreement) by Home Depot that same <br />is in compliance with any laws, rules, regulations or codes, or that the same will be permitted by any relevant <br />governing authority. Please note that this consent is specific and is not a waiver of any other approval rights <br />contained in the RAGE. <br />This approval is solely for the benefit of Nebraska Tunnel Wash I, LLC, a Nebraska Limited Liability <br />Company, dba Tommy's Car Wash in this instance, and for this particular Plan. This approval shall not <br />be construed as being for the benefit of any successor or assign of Nebraska Tunnel Wash I, LLC a <br />
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