AMENDMENT NO. 2 TO
LEASE OF CNG
FUELING STATION
This Amendment No. 2 ("Amendment") to the Lease of CNG Fueling Station is made and entered into effective the 21St day of June, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Trillium USA Company, LLC, a Delaware limited liability company (hereinafter "LESSEE"). CITY and LESSEE are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and LESSEE entered into a Lease of CNG Fueling Station (the "Agreement") effective June 21, 2011 through which LESSEE has been operating the City's compressed natural gas fueling station located at the City Yard as more fully explained in the attached original Agreement.
(ii). The Parties now seek to amend the Agreement to extend the Term of the Agreement for an additional twelve (12) months
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2, of the Agreement is hereby amended to add the following sentence to the end of the Section as follows:
"The Term of this Lease shall be extended for an additional twelve (12) months through June 30, 2023.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes allprior negotiations, arrangements, representations, and understandings, if any, made by or betweenthe Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment shall be binding unless executed in writing byboth Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Agreement are to be executed as of the day and year first above written.
TRILLIUM USA COMPANY, LLC CITY OF PLACENTIA
By: By:
JP Fjeld-Hansen Damien R. Arrula, City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney