First Amendment to Fifth Amended and Restated Master Lease and Access Agreement dated as of August 4, 2020, effective as of January 23, 2020, by and among certain subsidiaries of Holly Energy Partners, L.P. and certain subsidiaries of HollyFrontier Corporation
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EX-10.2 3 exhibit10206-30x2020.htm EXHIBIT 10.2 Exhibit
FIRST AMENDMENT TO
FIFTH AMENDED AND RESTATED MASTER
LEASE AND ACCESS AGREEMENT
This First Amendment to Fifth Amended and Restated Master Lease and Access Agreement (this “Amendment”) is entered into as of August 4, 2020 to be effective 12:01 a.m. Central Time (the “Effective Time”) on January 23, 2020 (the “Effective Date”) by and between the Parties whose signatures are set forth below.
WHEREAS, on October 29, 2018, the Parties entered into that certain Fifth Amended and Restated Master Lease and Access Agreement (the “Agreement”). Capitalized terms used but not otherwise defined in this Amendment have the meanings ascribed to such terms in the Agreement.
WHEREAS, the Parties now desire to amend certain provisions of the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the premises and the covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as of the Effective Date, the Parties hereby amend the Agreement as follows:
1.Incorporation of Recitals. The recitals for this Amendment are fully incorporated herein by the reference thereto with the same force and effect as though recited herein.
2.Amendments. Exhibit E attached to the Agreement is hereby deleted and replaced in its entirety with Exhibit E attached to this Amendment. In addition, Exhibits E-8 and F-8 attached to this Amendment are hereby added to the Agreement.
3. Counterparts. This Amendment may be executed in counterparts each of which shall be deemed an original. An executed counterpart of this Amendment transmitted by email shall be equally as effective as a manually executed counterpart.
4. Successors and Assigns. This Amendment shall inure for the benefit of and shall be binding on each of the Parties and their respective successors and/or assigns.
5. Entire Agreement. This Amendment contains the entire agreement between the Parties as to the subject matter hereof and, except as provided for in this Amendment, the terms and provisions of the Agreement shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the Parties have executed this First Amendment to Fifth Amended and Restated Master Lease and Access Agreement to be effective as of the Effective Date.
Related Refinery Owners:
HOLLYFRONTIER EL DORADO REFINING LLC
HOLLYFRONTIER CHEYENNE REFINING LLC
HOLLYFRONTIER TULSA REFINING LLC
HOLLYFRONTIER WOODS CROSS REFINING LLC
HOLLYFRONTIER NAVAJO REFINING LLC
By: /s/ Thomas G. Creery
Name: Thomas G. Creery
Title: Senior Vice President, Commercial
Relevant Asset Owners:
EL DORADO LOGISTICS LLC
EL DORADO OPERATING LLC
CHEYENNE LOGISTICS LLC
HEP TULSA LLC
WOODS CROSS OPERATING LLC
HEP WOODS CROSS, L.L.C.
HEP PIPELINE, L.L.C.
By: /s/ Richard L. Voliva III
Name: Richard L. Voliva III
Title: President
Exhibit E
to
Fifth Amended and Restated Master Lease and Access Agreement
Applicable Term and Applicable Assets
Location | Applicable Term | Applicable Assets |
El Dorado Refinery Complex | ||
For El Dorado Logistics | Commencement Date: November 1, 2011 End Date: November 1, 2061 (midnight) | See Exhibit E-1 |
For El Dorado Operating | Commencement Date: November 1, 2015 End Date: November 1, 2065 (midnight) | See Exhibit E-8 |
Cheyenne Refinery Complex | ||
For Cheyenne Logistics | Commencement Date: November 1, 2011 End Date: November 1, 2061 (midnight) | See Exhibit E-2 |
Tulsa Refinery Complex | ||
Group 1 Assets and Group 2 Assets | Commencement Date: March 31, 2010 End Date: March 31, 2060 (midnight) | See Exhibit E-3 |
Tulsa West Tankage Assets and Receiving Pipelines | Commencement Date: March 31, 2016 End Date: March 31, 2066 (midnight) | See Exhibit E-3 |
Woods Cross Refinery Complex | ||
For HEP Woods Cross | Commencement Date: February 29, 2008 End Date: February 28, 2058 (midnight) | Applicable Assets at Woods Cross Refinery Complex (excluding the Woods Cross Pipeline Pad) See Exhibit E-4 |
Commencement Date: September 10, 2010 End Date: February 28, 2058 (midnight) | Woods Cross Pipeline Pad See Exhibit E-5 | |
For Woods Cross Operating | Commencement Date: October 1, 2016 End Date: October 1, 2066 (midnight) | See Exhibit E-9 |
Navajo Refinery Complex | ||
Commencement Date: February 29, 2008 End Date: February 28, 2058 (midnight) | Applicable Assets at Navajo Refinery Complex (excluding the Truck Rack, the Artesia Blending Station and the Artesia Pump and Receiving Stations) See Exhibit E-6 | |
Commencement Date: September 10, 2010 End Date: February 28, 2058 (midnight) | Artesia Pump and Receiving Stations See Exhibit E-7 | |
Commencement Date: January 23, 2020 End Date: February 28, 2058 (midnight) | LACT Units #6007102, #6007103, and the easternmost LACT Unit located in Lane 3 on the land described on Exhibit F-8 and all related equipment See Exhibit E-8 | |
Exhibit E-8
to
Fifth Amended and Restated Master Lease and Access Agreement
Applicable Assets: Navajo Refinery Complex
LACT Units #6007102, #6007102, and the easternmost LACT Unit located in Lane 3 on the land described on Exhibit F-8 and all related equipment
1. | LACT Units #6007102, #6007103, and the easternmost LACT Unit located in Lane 3 on the land described on Exhibit F-8 and all related equipment |
Exhibit F-8
to
Fifth Amended and Restated Master Lease and Access Agreement
Legal Description for Navajo Refinery Complex (LACT Units #6007102, 6007103, and the easternmost LACT Unit located in Lane 3 and related equipment)
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