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EXHIBIT 10.6
AMENDMENT TO
THREE PARTY LEASE AGREEMENT
This AMENDMENT TO THREE PARTY LEASE AGREEMENT (this "Amendment") is made
as of this 30th day of January, 1998 by Getty Properties Corp., a Delaware
corporation ("Properties"), successor by merger and name change to Getty Realty
Corp. ("Realty"), Fleet National Bank (the "Bank") and Leemilt's Petroleum, Inc.
(the "Borrower").
WITNESSETH:
WHEREAS, Realty duly authorized, executed and delivered that certain Three
Party Lease Agreement dated as of April 18, 1997 by and among Realty, the Bank
and the Borrower (the "Lease Agreement");
WHEREAS, Getty Merger Sub, Inc. merged with and into Realty and Realty
changed its name to "Getty Properties Corp." effective as of January 30, 1998;
WHEREAS, the execution and delivery of this Amendment is a condition
precedent to the Bank's and the Borrower's agreement to enter into that certain
Second Amendment to Amended and Restated Loan Agreement of even date herewith
(the "Second Amendment");
NOW, THEREFORE, for good and valuable consideration paid and in
consideration of the promises herein, the receipt and sufficiency of which are
hereby acknowledged, Properties, the Bank and the Borrower agree as follows:
1. All references in the Lease Agreement to "Realty" or "Lessee" shall
be changed to be references to "Properties".
2. In line 4 of paragraph 27 of the Lease Agreement, the number "8" is
hereby deleted and the number "26" is substituted in place thereof.
3. Properties hereby affirms and acknowledges (i) the continued
validity of the Lease Agreement and (ii) that the Lease Agreement,
except as expressly amended hereby, remains in full force and
effect. Properties agrees that the obligations of
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Properties to the Bank under the Lease Agreement, and the terms and
provisions of the Lease Agreement as amended hereby, are hereby
ratified, affirmed and incorporated herein by reference, with the
same force and effect as if set forth herein in their entirety.
Properties consents to the amendments set forth in the Second
Amendment.
4. This Amendment shall be construed according to and governed by the
laws of the Commonwealth of Massachusetts.
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IN WITNESS WHEREOF, Properties, the Bank and the Borrower have caused
this Amendment to be made by their respective duly authorized officers as a
sealed instrument as of the date first set forth above.
GETTY PROPERTIES CORP.
By: /s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
Title: Senior Vice President
Treasurer and Chief
Financial Officer
FLEET NATIONAL BANK
By:
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Name: Xxxxxxx X. Xxxxxx
Title: Vice President
LEEMILT'S PETROLEUM, INC.
By: /s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
Title: Senior Vice President
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IN WITNESS WHEREOF, Properties, the Bank and the Borrower have caused
this Amendment to be made by their respective duly authorized officers as a
sealed instrument as of the date first set forth above.
GETTY PROPERTIES CORP.
By:
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Name: Xxxx X. Xxxxxxxx
Title: Senior Vice President
Treasurer and Chief
Financial Officer
FLEET NATIONAL BANK
By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx
Title: Vice President
LEEMILT'S PETROLEUM, INC.
By:
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Name: Xxxx X. Xxxxxxxx
Title: Senior Vice President
