FIRST AMENDMENT TO THE TRAILER ACQUISITION & LEASE AGREEMENT BETWEEN THE CITY OF HERCULES, CALIFORNIA AND THE HERCULES HISTORICAL SOCIETY Parties to the First Amendment
The parties to this First Amendment to the Trailer Acquisition & Lease Agreement Between City of Hercules, California and Hercules Historical Society are the City of Hercules, California (hereinafter the City) and the Hercules Historical Society (hereinafter the HHS).
Recitals
WHEREAS, HHS and City executed a Trailer Acquisition & Lease Agreement Between City of Hercules and Hercules Historical Society (hereinafter the Agreement), effective February 14, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Agreement provided HHS the exclusive right to access and lease the land owned by City (hereinafter the Property) directly beneath and encompassing the trailer (hereinafter the Building) located adjacent to the northwest end of Hercules City Hall, as more fully described in the Agreement; and WHEREAS, the grant of exclusive right to HHS for use of the Property was for a period of five (5) years pursuant to Section 3 of the Agreement, unless extended for an additional five (5) years pursuant to Section 2.1 of the Agreement; and WHEREAS, prior to the expiration of the Agreement, the City executed a Notice and Addendum to the Trailer Acquisition and Lease Agreement (hereinafter the Addendum) extending the term of the Agreement pursuant to Section 2.1 of the Agreement until February 14, 2023, a copy of which is attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, the Agreement does not provide for extension of the grant of exclusive right to the HHS beyond the expiration of the time specified in the Addendum; and WHEREAS, on or about February 23, 2023, the Parties entered into an Interim Agreement to continue the Trailer Lease on a month-to-month basis until such time as the City Council formally approves a First Amendment to the Original Agreement and Addendum; and WHEREAS, the Parties now wish to amend the Agreement to extend the term of the Agreement for five (5) additional years beyond the expiration of the Addendum period, with an option to renew this grant of exclusive right to the HHS for an additional five (5) years upon written notice to the HHS.
NOW THEREFOR THE PARTIES AGREE AS FOLLOWS:
The Parties hereto wish to amend the original Agreement and Addendum to continue to grant solely to the HHS the exclusive right to access and lease the Property for an additional five (5) year period commencing on February 1, 2024, and in effect until February 1, 2029.
Prior to the expiration of this First Amendment, the City may renew this grant of exclusive right to HHS for up to an additional five (5) years upon written notice to the HHS. [OPTION TO PAY FEE FOR UTILITIES] For the term of this First Amendment, HHS shall pay to City annually, by December 31 of each calendar year, the amount of $100.00 to compensate the City for the expense of utilities provided to the Building. All other terms and conditions within the original Agreement and Addendum that are not in conflict with the terms of this First Amendment shall remain in full force and effect for the effective life of this First Amendment.
This First Amendment is pursuant to and consistent with City Council Resolution No. 24-_____, adopted by the City Council on January 23, 2024.
HERCULES HISTORICAL SOCIETY
By: ______________________ Date: ______________
CITY OF HERCULES
By:_______________________ Date: ________________
Dante Hall, City Manager