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FXAIRIT A FIRST AMENDMENT TO AGREEMENT (Hampton Roads Transit Ferry Docks) THIS FIRST AMENDMENT TO AGREEMENT ( "Amendment ") is entered into as of the 15`h day of December, 2015, by and between the CITY OF PORTSMOUTH, a political subdivision of the Commonwealth of Virginia ( "City "), and TRANSPORATION DISTRICT OF HAMPTON ROADS, d/b /a Hampton Roads Transit, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1064 ( "HRT "). WITNESSETH: WHEREAS, City and HRT entered into that certain Agreement dated as of December 15, 2005 (the "Agreement "), for HRT's use of a portion of the City's waterfront area for docking and berthing its ferry dock vessels in accordance with the terms and conditions of the Agreement; and WHEREAS, City and HRT desire to extend the term of the Agreement upon the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows 1. Term. The Term is hereby extended for one (1) additional period of twenty (20) years, commencing as of December 15, 2015 and expiring December 14, 2035. 2. Rights to Use of Premises. Section 1 of the Agreement is amended and restated in its entirety as follows: "The City grants to HRT the right to use a portion of the City's waterfront area for docking and berthing its ferry vessels at the pier (High Street Pier) shown on Exhibi s t A to the Agreement. The City grants to HRT the right to use a portion of the City 'North Landing waterfront area for docking and berthing its ferry vessels at the pier (North Landing Pier) shown on Exhibit B to the Agreement The City also grants to HRT the right to use from time to time the other waterfront areas within the High Street Basin and the North Landing Basin, provided that such use does not interfere with City activities and provided further that the City may revoke the right of use granted by this sentence, in whole or in part, upon 48 hours' notice to HRT. The rights of docking, berthing and use granted in this Section 1 apply to ferry vessels that are being used regularly in the operation of a public ferry service and do not apply to ferry vessels or other vessels that are not at the time being used regularly in the operation of a public ferry service." 3. Right to Terminate. During the Term, as extended hereby, either party may terminate the Agreement upon the terms and conditions set forth in the Agreement. 4. Fees and Charges. HRT shall continue to pay costs in accordance with Section 4 of the Agreement.