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200501143 <br />OPERATION AND EASEMENT AGREEMENT <br />THIS OPERATI(?M AND EASEMENT AGREEMENT ( "OEA ") is made and entered into as <br />of the day of . -f CPM btr- , 204, by and between KOHL'S ILLINOIS, INC., a <br />Nevada corporation, having its principal place of business at 4340 Fox Valley Center Drive, Aurora, <br />Illinois 60504 ( "Kohl's "), and 281 & OLD POTASH LLC, a Nebraska limited liability company, <br />having its principal place of business at 2215 York Road, Suite 503, Oak Brook, Illinois 60523 <br />( "Developer "). <br />WITNESSETH: <br />WHEREAS, Developer is the owner of a certain tract of land legally described in EXHIBIT A <br />attached hereto and made a part hereof and identified as the "Kohl's Tract" on the site plan <br />attached hereto as EXHIBIT X and made a part hereof (the "SITE PLAN "); and <br />WHEREAS, Developer is also the owner of a certain tract of land legally described in <br />EXHIBIT B attached hereto and made a part hereof and identified as the "Developer Tract" on the <br />SITE PLAN; and <br />WHEREAS, Developer is also the owner of certain tracts of land legally described in <br />EXHIBIT C attached hereto and made a part hereof and identified as the " Outlot Tracts" on the <br />SITE PLAN; and <br />WHEREAS, the Kohl's Tract, the Developer Tract and the Outlot Tracts (collectively, the <br />"Shopping Center ") are contiguous and adjacent to each other as shown on the SITE PLAN; and <br />WHEREAS, pursuant to a certain Lease dated November 30, 2004, by and between <br />Developer, as landlord, and Kohl's, as tenant (the "Kohl's Lease "), Kohl's leased the Kohl's Tract <br />from Developer; and <br />WHEREAS, the signatories hereto intend to develop and operate their respective Tracts <br />in conjunction with each other as integral parts of a retail shopping complex, and in order to <br />effectuate the common use and operation thereof, they desire to enter into certain covenants and <br />agreements, and to grant to each other certain reciprocal easements in, to, over and across their <br />respective Tracts. <br />NOW, THEREFORE, in consideration of the premises, the covenants and agreements <br />hereinafter set forth and in furtherance of the parties' understanding, it is agreed as follows: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 Anchor Occupant. "Anchor Occupant" shall mean any Occupant which occupies <br />more than fifty thousand (50,000) square feet of Floor Area within the Shopping Center. <br />GALEGAL \STORES \NE \GRAND ISLAND\OEMAPD <br />11/16/04 <br />