AMENDMENT TO TERMINALING SERVICES AGREEMENT (October 17, 2016)

EX-10.30 2 v460959_ex10-30.htm EXHIBIT 10.30

 

Exhibit 10.30

 

AMENDMENT TO TERMINALING SERVICES AGREEMENT

 

(October 17, 2016)

 

This Amendment to Terminaling Services Agreement is made as of the 17th day of October, 2016 between Center Point Terminal Company, LLC, a Delaware limited liability company (“Terminal”), and Apex Oil Company, Inc., a Missouri corporation (“Customer”).

 

RECITALS

 

A.                 Terminal and Customer are party to that certain Terminaling Services Agreement dated August 14, 2013, as amended (collectively, the “Agreement”), which Agreement provides for the storage and handling of various petroleum products as specified therein at the Terminal Facilities.

 

B.                 Terminal and Customer desire to amend the Agreement pursuant to the terms and conditions contained herein.

 

AGREEMENT

 

In consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties by their execution hereof), the parties agree as follows:

 

1.                  Definitions. All capitalized terms not otherwise expressly defined herein shall have the respective meanings given thereto in the Agreement.

 

2.                  Amendments.

 

2.1       Stipulated Volumes. Schedule B of the Agreement shall be amended to increase the Stipulated Volumes at the Glenmont Terminal Facility by 66,371 barrels effective October 17, 2016, as shown on the Amended Schedule B attached hereto and incorporated herein by this reference.

 

3.       No Other Modifications. Nothing contained herein in any way impairs the Agreement or alters, waives, annuls, varies or affects any provision, condition or covenant therein, except as specifically set forth in this Amendment to the Agreement. All other terms and provisions of the Agreement remain in full force and effect.

 

[Signature Page Immediately Follows]

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above.

 

  CENTER POINT TERMINAL COMPANY, LLC
     
  By: /s/ Ken Fenton
  Name: Ken Fenton
  Title: Executive Vice President
     
  APEX OIL COMPANY, INC.
     
  By: /s/ Christopher J. Schmitt
  Name: Christopher J. Schmitt
  Title:   Chief Financial Officer

 

 

 

 

AMENDED SCHEDULE B

 

(Effective as of October 17, 2016)

 

STIPULATED VOLUMES AND TYPES OF PRODUCT

  

  Albany Baltimore Blakeley Island Chesapeake Gates Glenmont Greensboro Jacksonville Newark North Little Rock Salisbury St. Louis Total
Stipulated Volumes/bbl 612,062 853,900 N/A 78,400 101,178 1,846,511 664,107 251,618 433,000 233,559 147,123   5,221,458 (excluding biodiesel and asphalt)
Biodiesel volumes/bbl                 500       500
Asphalt Stipulated Volumes/bbl       165,000               347,820 512,820

 

This Amended Schedule B reflects all revisions to the Agreement as of October 17, 2016.