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EXHIBIT 10.15(c)
AMENDMENT TO GROUND LEASE AGREEMENT
This Amendment to Ground Lease Agreement (this "Lease Amendment") is made
and entered into on the 31st day of July, 1992, by and between Exxon
Corporation, a New Jersey corporation ("Exxon"), and Cogen Technologies Linden
Venture, L.P., doing business in New Jersey as Cogen Technologies Linden
Venture, Limited Partnership, a Delaware limited partnership ("Cogen").
W I T N E S S E T H:
WHEREAS, Exxon and Cogen entered into that certain Ground Lease Agreement
dated effective August 1, 1990 (the "Lease") relating to the Demised Premises
(as defined in the Lease), comprised of two certain tracts or parcels of land
situated in the City of Linden, Union County, New Jersey as more fully
described on Exhibit B to the Lease; and
WHEREAS, the Demised Premises included that certain 1.1605 acre tract or
parcel of land described on Exhibit B to the Lease as Tract II; and
WHEREAS, the Lease at time of execution contemplated redefining the
precise boundaries of Tract II in order to facilitate the placement of certain
water tanks that are part of the Cogeneration Facility; and
WHEREAS, Exxon and Cogen desire to evidence their agreement to amend the
Lease by redefining the description of Tract II on Exhibit B to the Lease;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, Exxon and Cogen agree that the Lease is amended as follows:
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The description of Tract II in Exhibit B to the Lease is
hereby replaced by the description of Tract II found in
Exhibit A attached hereto and made a part hereof for all
purposes.
As amended by this Lease Amendment, the Lease is ratified and confirmed
to be in full force and effect.
EXECUTED in multiple original counterparts as of the 31st day of July,
1992.
ATTESTED BY: EXXON CORPORATION
/s/ X. X. XXXXXXXX
-----------------------------------
Name: X. X. XXXXXXXX By: /s/ X. X. XXXXXXXX, XX.
----------------------------- -----------------------------------
Assistant Secretary Name: X. X. Xxxxxxxx, Xx.
Title: Vice President of
Exxon Company, U.S.A.,
a Division of
Exxon Corporation
COGEN TECHNOLOGIES LINDEN
VENTURE, L.P. d/b/a COGEN
TECHNOLOGIES LINDEN VENTURE,
LIMITED PARTNERSHIP
By: COGEN TECHNOLOGIES LINDEN
LTD. (D/B/A COGEN
TECHNOLOGIES LINDEN,
LIMITED PARTNERSHIP)
GENERAL PARTNER
ATTESTED BY: By: COGEN TECHNOLOGIES, INC.
GENERAL PARTNER
/s/ XXXX XXX XXXXXXXX
----------------------------------- By: /s/ X. X. XXXXXXXXX
Title: Assistant Secretary ----------------------------------
----------------------------- Name: X. X. Xxxxxxxxx
---------------------------------
Title: Sr. V. P.
--------------------------------
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EXHIBIT A
TRACT II
BEING A PARCEL OF LAND SITUATED IN THE CITY OF LINDEN, UNION COUNTY, NEW
JERSEY, BEING A PORTION OF TAX XXX 0, XXXXX 000 XX XXXXX XX THE CURRENT CITY OF
LINDEN TAX MAP AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the terminus of the 20th course of Tract I as described
above and running; thence the following two (2) courses to the True Point and
Place of Beginning:
(A) Along said 20th course as recited above in reverse, North forty-eight
degrees, four minutes, fifty seconds West (N 48 degrees 04' 50" W),
eighty-three and fifty-five hundredths (83.55') feet to a point in the
same; thence
(B) Leaving the aforementioned 20th course, at right angles, crossing Railroad
Avenue, North forty-one degrees, fifty-five minutes, ten seconds East (N 41
degrees 55' 10" E), four hundred forty and sixty-three hundredths (440.63')
feet to the true point and Place of Beginning, and running thence along a
new line the following five (5) courses through the said Tax Xxx 0, Xxxxx
000.
1. North forty-one degrees, fifty-five minutes, ten seconds East (N 41
degrees 55' 10" E), one hundred sixty-two and zero hundredths
(123.00') feet to an angle point in same; thence
2. South forty-eight degrees, four minutes, fifty seconds East (S 48
degrees 04' 50" E), one hundred twenty-three and zero hundredths
(162.00') feet to an angle point in same; thence
3. South eighteen degrees, thirty-one minutes, thirty-six and seven
hundredths seconds East (S 18 degrees 31' 36.7" E), one hundred
eleven and 5078 ten-thousandths (111.5078') feet to an angle point in
same; thence
4. South forty-one degrees, fifty-five minutes, ten seconds West (S 41
degrees 55' 10" W), one hundred seven and zero hundredths (107.00')
feet to an angle point in same; thence
5. North forth-eight degrees, four minutes, fifty seconds West (N 48
degrees 04' 50" W), two hundred twenty and zero hundredths (220.00')
feet to the Point and Place of Beginning.
CONTAINING: 0.7569 Acs.
ALL IN ACCORDANCE with "Linden Cogeneration Plant, Block 520, Lot 6,
Existing Conditions and Survey of Proposed Lease Line, City of Linden, Union
County, New Jersey". Sheet 1 of 1 as prepared by Xxxxxx & Xxxxxxxxxxx,
Parsippany, New Jersey, dated October 24, 1989, revised to July 1, 1992.
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ACKNOWLEDGMENT
STATE OF TEXAS :
: ss.
COUNTY OF XXXXXX :
BE IT REMEMBERED, That on this 31st day of July, 1992, before me, the
subscriber, a notary public, personally appeared X.X. Xxxxxxxx, who being by me
duly sworn on his oath, deposed and made proof to my satisfaction that he is an
Assistant Secretary of Exxon Corporation, the Corporation named in the within
instrument; that X.X. Xxxxxxxx, Xx. is Vice President of Exxon Company, U.S.A.,
a division of Exxon Corporation; that the execution, as well as the making of
this instrument, has been duly authorized pursuant to a resolution of the Board
of Directors of Exxon Corporation; that the deponent well knows the corporate
seal of Exxon Corporation; and that the seal affixed to said instrument is the
proper corporate seal and was thereto affixed and said instrument signed and
delivered by X.X. Xxxxxxxx, Xx., as and for the voluntary act and deed of Exxon
Corporation, in presence of deponent, who thereupon subscribed his name thereto
as attesting witness.
Given under my hand and seal of office this 31st day of July, 1992.
/s/ XXXXXXXX X. XXXX
---------------------------------
Notary Public in and for
Xxxxxx County, Texas
Commission expires: 3-12-96
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[SEAL]
0
XXXXXXXXXXXXXX
XXXXX XX XXXXX :
: ss.
COUNTY OF XXXXXX :
BE IT REMEMBERED, that on this 31st day of July, 1992, before me, the
subscriber, a notary public, personally appeared X. X. XXXXXXXXX who is the
Senior Vice President of Cogen Technologies, Inc., General Partner of Cogen
Technologies Linden, Ltd., (D/B/A Cogen Technologies Linden, Limited
Partnership), which is the General Partner of Cogen Technologies Linden Venture,
L.P. (D/B/A Cogen Technologies Linden Venture, Limited Partnership), a Delaware
limited partnership, who I am satisfied is the person who signed this
instrument, and he acknowledged that he signed, sealed with the corporate seal,
and delivered the same as such officer aforesaid, and that this instrument is
the voluntary act and deed of such corporation, on behalf of Cogen Technologies
Linden Venture, L.P.
Given under my hand and seal of office this 31st day of July, 1992.
[SEAL] /s/ XXXXXX X. XXXXXXXX
-----------------------------------
Notary Public of and for
Xxxxxx County, Texas
My Commission expires: 7-27-93
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