AMENDMENT TWO
TO
LEASE AND OPERATING AGREEMENT
This AMENDMENT is made as of November , 2021 ("Effective Date"), by and between
the City of Nashua with an address of 229 Main Street, Nashua, New Hampshire ("City") and
AVSG LP, a Massachusetts limited partnership, with an address of C-3 Shipway Place, Boston,
MA 02129 ("Lessee").
WHEREAS, the City and Lessee entered into a Lease and Operating Agreement dated March 4,
2011, regarding a program for the distribution of compressed natural gas ("CNG") at a full
public-access CNG fuel station within the City ("Agreement");
WHEREAS, Section 5 of the Agreement states that the Agreement will remain in effect through
May 1, 2021 ("Initial Term") and be renewable for an additional 5 years upon mutual agreement
of the parties ("Renewal Term"), the City's agreement not to be unreasonably withheld;
WHEREAS, Lessee is investing in capital improvements on the leased premises and has
requested that the Renewal Term be approved now, bringing the termination date of the
Agreement to May 1, 2026;
WHEREAS, Section 9 of the Agreement provides for the rate the City will pay Lessee per diesel
gallon equivalent ("DGE") for CNG;
WHEREAS, the parties have negotiated a revised DGE rate; and
WHEREAS, the Lessee and the City wish to extend the Agreement and memorialize the revised
DGE rate.
NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby
mutually agree as follows:
1. That the term of the Agreement shall be extended to May 1, 2026. For the avoidance of
doubt, the new termination date of May 1, 2026 incorporates the Agreement's Renewal
Term, and the parties are not agreeing or obligated to agree to an additional 5 year
renewal term after the May |, 2026 termination.
2. The Lessee will invoice the City at a rate of $2.65 per DGE ($2.49 per gas gallon
equivalent ("GGE")) effective November |, 2021 through June 30, 2022.
3. All other terms and conditions of the Agreement not changed by this (or prior)
Amendment(s) remain in full force and effect.
IN WITNESS WHEREOPF, the parties hereto have, by their duly authorized representatives
placed their hands as of the date first above written.
