SUPPLEMENTAL RETIREMENT PLAN FOR EXECUTIVES OF GETTY REALTY CORP. AND PARTICIPATING SUBSIDIARIES Amended and Restated effective January 1, 2009

Page

Article 1.

Definitions

1

Article 2.

Participation

2

Article 3.

Contributions and Funding

3

Article 4.

Payment of Benefits

4

Article 5.

General Provisions

5

Article 6.

Amendment and Termination

8

1.01

“Account” shall mean a Member’s account in the Trust which shall consist of all amounts credited to a Member under Section 3.01, adjusted for any earnings or losses on those amounts pursuant to Section 3.05 and after payment of any expenses as provided by the provisions of the Trust.

1.02

“Affiliated Company” shall mean any company, corporation or business directly or indirectly controlled by the Company, whether or not such company, corporation or business participates in the Plan.

1.03

“Beneficiary” shall mean the beneficiary designated by a Member pursuant to Section 4.03.

1.04

“Code” shall mean the Internal Revenue Code of 1986 as it may be amended.

1.05

“Committee” shall mean the individuals appointed by the Company under Section 5.06 to administer the Plan.

1.06

“Company” shall mean Getty Realty Corp. or any successor by merger, purchase or otherwise, with respect to its employees.

1.07

“Company Contributions” shall mean the amount of contributions credited to a Member under Section 3.01.

1.08

“Compensation” shall mean “compensation” as defined in the Retirement Plan for purposes of profit sharing allocations thereunder. If the Company changes the definition of “compensation” in the Retirement Plan during the Plan Year, the change will be effective as of the next January 1 for purposes of this Plan.

1.09

“Effective Date” shall mean January 1, 1989.

1.10

“Member” shall mean an employee of a Participating Company for whom a Company Contribution has been made under the Plan.

1.11

“Participating Company” shall mean the Company and any Affiliated Company which

the Company designates for participation in the Plan in accordance with Section 5.06(b).

1.12

“Plan” shall mean this Supplemental Plan for Executives of Getty Realty Corp. and Participating Subsidiaries.

1.13

“Plan Year” shall mean the calendar year starting on January 1, 1989 and each succeeding calendar year.

1.14

“Retirement Plan” shall mean the Getty Realty Corp. Retirement and Profit-Sharing Plan.

1.15

“Trust” shall mean the grantor trust established under Section 3.07.

1.16

“Valuation Date” shall mean the last business day of each calendar quarter following the Effective Date.

1.17

“Separation from Service” shall have the same meaning as that term is used in Section 409A(a)(2)(A)(i) of the Code including by reason of becoming disabled as that term is used in Section 409A(a)(2)(A)(ii) of the Code and excluding death.

Article 2. Participation

2.01

Participation

(a)

Only officers and other senior management employees of the Participating Companies shall be eligible to have a Company Contribution made to the Plan on their behalf. Each Plan Year the Committee, in its sole discretion, shall select those officers and other senior management employees of the Participating Companies for whom a Company Contribution shall be made for that Plan Year or for the immediately preceeding Plan Year. An employee who receives a Company Contribution shall be a Member and shall remain a Member until he receives the full balance of his Account in accordance with Article 4. Employees shall be notified of their Membership in the Plan as soon as practicable after the Committee has made its selection.

(b)

The Committee is not under any obligation to select an officer or other person as an employee for whom a Company Contribution shall be made for a Plan Year solely because he had a Company Contribution made on his behalf in a prior Plan Year.

2.02

Other Information

As a condition of participation in this Plan, a Member may be required by the Committee to provide such information as the Committee may deem necessary to properly administer the Plan.

3.01

Amount of Contributions

For any Plan Year beginning on or after January 1, 1989, each Participating Company shall make a contribution to the Trust for each of its employees selected by the Committee under Section 2.01 for that Plan Year. The amount of a Participating Company’s contribution on behalf of such an employee for a Plan Year shall be equal to ten percent of the Compensation the employee received in that Plan Year, reduced by the amount of any “Retirement Plan Contributions” allocated to the employee on account of that Plan Year. For purposes of this Section 3.01, “Retirement Plan Contributions” shall mean all contributions, other than elective deferrals as defined in Section 402(g)(3) of the Code, made by the Company or an Affiliated Company under the Retirement Plan as it may be amended, or under any successor thereto, or made pursuant to the provisions of any other plan, qualified under Section 401(a) of the Code, maintained by the Company or an Affiliated Company.

3.02

Crediting to Accounts

The Company Contributions made by a Participating Company on behalf of a Member for any Plan Year shall be paid to the Trust as soon as practicable after the end of the Plan Year in which the employee is selected by the Committee and shall be credited to the Member’s Account as of the first Valuation Date coincident with or immediately following the date they are paid to the Trust.

3.03

Vesting of Account

The Member shall vest in his Account at the same rate at which such Account would have vested under the Retirement Plan had the Account been maintained under the Retirement Plan. In the event the Member ceases to be employed by the Company or an Affiliated Company prior to vesting in all or any part of the Company Contributions credited on his behalf, such Company Contributions shall be forfeited and shall not be restored in the event the Member is subsequently reemployed by the Company or an Affiliated Company. Any amounts forfeited under this Section 3.03 shall be returned to the Participating Company which had employed the forfeiting Member as soon as practicable after the end of the Plan Year in which the forfeiture occurs or, in the alternative, credited towards any contributions the Participating Company may be required to make under Section 3.01 for the next Plan Year.

3.04

Investment of Accounts

(a)

Hypothetical investment gains and losses will be credited to the Accounts based on the performance of one or more mutual funds or other investment vehicles selected by the Member from among those made available to the Member from time to time by the Committee, in its discretion. The Member must select investment options and make changes to those selections using forms and procedures acceptable to the Committee. Neither the Company nor any Participating Company will guarantee the Accounts against loss or depreciation, whether caused by poor investment performance of investment options or otherwise, nor will the Company, Participating Company, or any member of the

Committee have any liability with respect to such performance.

(b)

Notwithstanding anything to the contrary in this Plan, the Committee may use the assets of the Trust allocated to employees of a Participating Company to satisfy claims of the Participating Company’s general creditors in the event of the Participating Company’s bankruptcy or insolvency.

3.05

Valuation of Trust

(a)

T