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HomeMy WebLinkAboutCC Res 5188 2003-12-08 I I I RESOLUTION NO. ~&B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND PINNACLE PETROLEUM The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves Amendment No.1 to the Agreement between the City and Pinnacle Petroleum dated October 1, 1998. SECTION 2 The Council hereby directs the City Manager to execute the Agreement on behalf of the City. SECTION 3. TIle City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 8th day of December 2003, VJdTti~lp~ Mayor ' ATTEST: APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY Of ORANGE ) CITY OF SEAL BEACH ) I, Joanne Yeo, City Clerk of the City of J7~each, California, do hereby certify that the foregoing Resolution, being Resolution was passed and approved by the City Council of the City of Seal Beach at a regular meeting of said Council held on the ifIl~ day oHle':IlIR981' 2003 and that Rcsolution was adoptcd by the following vote: ~f!''''~iI(. ~ AYES. I ~~~~~/'~ NOES, 7;;FA ABSENT: ABSTAIN: REsolution Number ~~~ AMENDMENT NO.1 TO AGREEMENT BETWEEN CITY OF SEAL BEACH AND PINNACLE PETROLEUM, INC THIS AMENDMENT NO. I ("Amendment'1, dated as of k. 8 .2003, is entered into by and bel ween the CITY OF SEAL BEACH, a public body, corporate and politic ("City") and PINNACLE PETROLEUM. INC.. a California corporation ("PPI"). RECITALS A. PPIis currently located on a site ("Site") in the City of Seal Beach To induce PPI to conduct its business in the City. the City has provided financial assistance to PPI pllr&uantto that I certain agreemcnt dated October 1. I998("Agreement"). B. The panics wish to amend the Agreement to extend the tetl!1 of the Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein containcd, the panieS agree to amend the Agrecment as follow8: Sechon One, follows: The Agreement is hercby amended by adding a new ArUcle 7 to read as "ARTICLE 7 EXTENSION Sechon 7.1 The Operatmg Term oflhis Agreement is hercbyextcnded until December 31, 2004. Seellon 7.2 Notwithstanding any other provision of this Agreement, or any Amendment thcreto, this Agreement may be terminated by either party upon 30 days' prior written notice given in the sole and absolute discretion of the terminatmg party." .J .._-.,. /~'. ""- -' ,. . .., Section ~o. ~~ . ScctiOl). J~I~5 IS ~ereby amended to read In its entirety as follows: -.,' .~, "Section''':-6 IS Entire. Agreement, Waivers and Amendments. This .- u ...)- I Agi'ea..!lent, as ari.1ended by Amendment No,l. together with all attachments and . exhib1t&'l1b.d all dogtments to be executed and delivered pursuant to this Agreement, ,-. '.constltutes the'~ understanding and agreement ofthc' Parties. This Agreement, ......~ :luh~e9~ Amendment No.1. integrates all of the terms and conditions n';';:ritioncll'Iierein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to aIL or any part of the subject matter hereof. Anywaiver, amendment, or modification of any provision of this Agreement must be in wntin!l aItd signed by both Parties," I Secl10n Three. Except as amended herem, the tenns and provisions of the Agreement shall remain in full force and effect. . TO EFFECfUA TE THIS AMENDMENT NO. I. the parties have caused theU' duly authorized representatives to execute this agreement on the dates set forth below, City of Seal Bcach By: I loJIV-, 1/1( . Date: tv/v! ~ ATTEST: City Clerk I I I Resolution Number ~~ Section Three, Except as amended herein, the terms and provisions of the Agreement shall remain in full force and effect, TO EFFECTUATE THIS AMENDMENT NO.1, the parties have caused their duly authorized representatives to execute this agreement on the dates set forth below. city of Seal Beach By' John B. Bahorski _~!tw~ ~"O ."'... fJi' , ~~~ . ;,:1\ 01 . :J ;P'