Poulsbo Packet 3.28.23 v. 1

2455 Paces Ferry Rd, Atlanta, GA 30339 (770) 433-8211

December 8, 2022

Via Email

Steve Ruggiero

First American Properties, Inc. 17791 Fjord Drive NE

Poulsbo, WA 98370 Steve@faponline.net

Re:

Home Depot Store 4741 - Poulsbo, WA- MATT -161264 Third Party Request for Approval for Goodwill Store

Dear Mr. Ruggiero:

HD Development of Maryland, Inc. ("Home Depot"), acknowledges that certain use restrictions are set forth in Section 2 c. (i) of that certain First Amended and Restated Easements with Covenants and Restrictions Affecting Land dated October 30, 2008, recorded November 21, 2008 as Recording No. 200811210125, Official Records of Kitsap County, Washington (as restated, the "ECR"). All capitalized terms not otherwise defined herein shall have the same meaning as set forth in the ECR. Home Depot is in receipt of a request by First American Properties, Inc. ("First American"), to lease retail space owned by College Marketplace, LLC ("Owner") on College Marketplace Parcel 7-A to Goodwill Industries ("Goodwill"), for a second- hand clothing and furniture store use (the "Use") in the location as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Notwithstanding the use restrictions contained in Section 2 c. (i) of the ECR, Home Depot hereby consents to the Use, provided the Use is operated in the location identified on Exhibit "A" attached hereto, in a first-class manner, and otherwise substantially as such Use is typically operated as of the date hereof. Home Depot's consent to the Use is in no way a representation (or agreement) by Home Depot that the same is in compliance with any laws, rules, regulations or codes, or that the same will be permitted by any relevant governing authority. Please note that this consent is specifically for this Use and is not a waiver of any other approval rights contained in the ECR. Additionally, it is the collective responsibility of First American, Owner and Goodwill, as applicable, to obtain all consents, approvals, and waivers for the Use from any and all other consenting Owners or Tenants. This consent is collectively for the benefit of First American, Owner and Goodwill in this particular instance and for this particular Use. This consent shall not be construed as being for the benefit of any future tenants of the subject property or any other locations. Except as expressly waived or consented to herein, no other provisions of the ECR shall be deemed waived, supplemented

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