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Aareement 200807155 Now, therefore, in consideration of the foregoing Recitals which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Recitals. Except as set forth herein, the recitals are incorporated herein as if set forth in full. 2. Capitalized Terms. All capitalized terms that are not defined in this Third Amendment shall have the meanings respectively given to them in the Declaration. 3. Conflict or Inconslstencv. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the Declaration, the provisions of this Third Amendment shall control. 4. Addition of Section 2.1(e). A new Section 2.1(e) is hereby added as follows: (e) Consolidation of Buildina Areas on Parcels 25 and 26. Notwithstanding the provision of Section 2.1(a) of the 1999 Declaration, the Owner(s) of Parcels 25 and 26 may consolidate into one (1) parcel Lots 25 and 26 and reconfigure the Building Areas on Parcels 25 and 26, as shown on the Site Plan attached hereto as Exhibit "An, Including extending Building Areas over common Parcel lines between Parcels 25 and 26 (which process is referred to herein as the "25126 Consolidation"). subject to the following requirements: (i) The revised Building Envelope for the Walgreens Parcel is depicted on the Site Plan; (ii) The total combined Building Area of Parcels 25 and 26 shall be Increased to fifteen thousand (15,000) square feet and the total number of buildings allowed on Parcels 25 and 26 shall not be increased as a result of the 25/26 Consolidation; (iiI) All approval requirements (including, without limitation, building design and Common Area -configuration) other than'those approvals which would otherwise apply to Building Area changes shall continue to apply, as shall the height Restrictions for Parcels 25 and 26; provided, however, it is agreed and understood that the height restriction for the Walgreens Parcel shall be twenty five (25) feet plus an additional five (5) feet for any architectural element or feature; (iv) The party exercising any rights permitted by this Section 2.1 (e) shall pay all expenses associated with changing the Building Areas, and shall also obtain all required governmental approvals to the 25/26 Consolidation, at its own expense; (v) If any Consenting Owner requests an amendment to the Development Agreement, the CAMA or the Declaration to reflect changes made to the Shopping Center as a result of the 25/26 Consolidation, the party requesting the 25/26 Consolidation shall pay the cost of preparing such amendments; and 426076.3 2