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200510141 drives shall be restored, and the Common Areas located on the Hy-Vee Tract shall be maintained in accordance with the standards set forth in the OEA. 6. Construction ofhnprovements on the Kohl's Tract. Notwithstanding anything set forth in the Original OEA to the contrary, the construction of the initial Building and Common Area (and any reconstruction thereof) on the Kohl's Tract shall be governed by the following provIsIons: (a) Access over the access drives and service drives shown on the Site Plan may be closed and/or restricted on the Kohl's Tract; provided, however, that alternate access is provided and/or available via Wilmar Avenue and/or Webb Road and/or West North Front Street. (b) Construction may occur at any time of the year, without any blackout periods as long as: (i) Access to the remainder of the Shopping Center is provided in accordance with Subsection (a) above; (ii) Construction affecting utility lines will be performed so as not to interfere with utility service to the remainder ofthe Shopping Center. (c) The Kohl's Tract may be fenced off from the remainder of the Shopping Center, as long as access to the remainder of the Shopping Center is provided in accordance with Subsection (a) above. (d) The staging area and storage area may be located on any portion of the Kohl's Tract. ( e) Once construction on the Kohl's Tract has commenced, such construction shall be diligently pursued to completion. Upon completion of such construction and/or reconstruction, any fencing shall be removed, access over the access drives and services drives shall be restored, and the Common Areas located on the Kohl's Tract shall be maintained in accordance with the standards set forth in the OEA. 7. Maximum Floor Area. Section 3.2 is hereby amended to add the following proVISIOn: Notwithstanding anything in the Original OEA to the contrary the maximum Floor Area for any Building Area on the Developer Inline Tract shall be forty-five (45,000) square feet. The maximum Floor Area on Kohl's Tract and the Hy- V ee Tract shall be limited to the maximum number of square feet which can be constructed; so that the parking ratio of no less than five (5) parking spaces per 1,000 square feet of Building Area in the Shopping Center (exclusive of the Outlot Tracts) is maintained at all times. 3 {3 J 858.2.8/1712005 05:05 PM.JEPEA0205786.DOC;2}