Laserfiche WebLink
H <br /> December 5t1, 2022 <br /> t• Colton Power, L.P. <br /> h A iSP' ...;iir <br /> do Alliance Energy LLC <br /> P.O. Box 876 <br /> East Aurora,New York 14052 <br /> Re: Third Lease Extension and Amendment to <br /> City of Colton Drews Substation Lease Agreement <br /> with Colton Power, L.P. <br /> Dear Colton Power, L.P.: <br /> The City of Colton("Lessor") and Colton Power, L.P. do Alliance Energy LLC <br /> ("Lessee") are parties to that certain Drews Substation Lease Agreement dated December <br /> 6,2000, (the"Lease Agreement")which was extended through June 30, 2022 and <br /> thereafter has continued month-to-month("Second Lease Extension"). The City of Colton <br /> and Colton Power,L.P. now hereby agree to extend the terms of the Lease Agreement <br /> upon the terms and provisions set forth in this Third Lease Extension as follows: <br /> 1. Effect of Third Lease Extension. Except as to the provisions expressly amended by <br /> this Third Lease Extension,the Lease Agreement is, in all other respects, ratified and <br /> confirmed and all of the terms and provisions and conditions of the Lease Agreement <br /> shall be and remain in full force and effect. <br /> 2. Amendments. <br /> a. Lease Agreement Section 3.1 is hereby amended to read as follows: <br /> "3.1 Term. The initial term of this Agreement began on January 31, 2001 <br /> and was extended through December 31, 2022 pursuant to the terms of <br /> the Agreement,the First Lease Extension, and the Second Lease <br /> Extension. The amended term("Term") of this Agreement shall be for <br /> five (5) years commencing upon January 1, 2023 (the"Commencement <br /> Date") and expiring on December 31, 2027,unless terminated earlier or <br /> extended pursuant to Section 3.2, as provided herein." <br /> b. Lease Agreement Section 3.2 is hereby amended to read as follows: <br /> "3.2 Option to Renew. Provided the Lessee is not in material default under <br /> any of the terms of this Agreement, Lessee may request renewal of this <br /> Agreement on the terms and conditions herein contained for one (1) <br /> additional term ("Renewal Term") of five (5)years upon written notice <br /> to City of Lessee's intent to do so at least one hundred eighty(180) <br /> days prior to the expiration of the Term. In its sole discretion, City may <br /> grant or deny the request for renewal within ninety(90) days of receipt <br /> of Lessee's written notice requesting renewal. If the City does not <br /> respond to the written notice,this Agreement shall terminate in <br /> CIVIC CENTER accordance with Section 3.1. The terms and conditions for the Renewal <br /> 650 N. LA CADENA DRIVE Term shall be the same terms and conditions of this Agreement, except <br /> CO , 370-5060 <br /> 70-2 PH: that the consideration payable for the Renewal Term shall be in <br /> PH: (909) <br /> FX: (909) 370-5192 accordance with the provisions of Section 3.6 herein." <br /> WEB: www.coltonca.gov <br />