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Home My WebLink About020853 ORD - 01/02/1990AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH HERTZ CORPORATION FOR THEIR SERVICE FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease amendment with Hertz Corporation for their service facility at Corpus Christi International Airport, all as more fully set forth in the Amendment to Hertz Corporation Concession Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. 89059.aar MICROFILMED AMENDMENT TO HERTZ CORPORATION CONCESSION AGREEMENT WHEREAS, the City of Corpus Christi ("City") and Hertz Corporation ("Concessionaire") entered into a twenty-two (22) year service facility agreement dated March 23, 1968 ("Agreement"); and WHEREAS, pursuant to that Agreement, Concessionaire is required to operate an automotive service facility; and WHEREAS, an underground fuel storage tank ("UST") is integral to operating the automotive service facility, and such UST is expensive to install; NOW, THEREFORE, City and Concessionaire agree as follows: 1. The lease on the automotive service area ("Service Facility") only shall be extended for ten (10) years from July 14, 1990, provided, however, that if Concessionaire is not a high bidder when the rent car concessions are rebid during that ten (10) year period, it will sell the Service Facility to a high bidder, which does not have a service facility at Corpus Christi International Airport ("CCIA"). 2. Concessionaire's Service Facility will be located on Lots 1 and 2, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. 3. The annual square foot rental rate will be $.12 per square foot with a review every three (3) years beginning July 14, 1990, the current rate of 8.06 per square foot shall be effective until then. The adjustment will be based on the current market value rental rate at CCIA, with a ten (10%) percent cap on each increase. There will be no adjustment made which will decrease the rental rate. 4. Concessionaire represents that, pursuant to 40 CFR 280.95, UST Technical Standards, financial test of self-insurance, it is self-insured with respect to liability relating to underground storage tanks and any environmental pollution associated therewith. Concessionaire agrees to provide an affidavit on an annual basis, confirming that it continues to maintain its self-insured status with the United States Environmental Protection Agency. Concessionaire will pay any fines or penalties assessed by the United States Environmental Protection Agency, its successor, or any other federal, state or local governmental entity for any acts or omissions by Concessionaire relating to the UST and/or its contents. 5. Concessionaire shall retroactively be authorized to begin installation of the UST upon initiation of construction. -2-- 6. Concessionaire will defend, indemnify and hold City harmless from and against each and every loss, cost, claim, obligation, damage, liability, payment, cause of action, lien or expense, including, but not limited to, reasonable attorney's fees and other litigation expense, which relates to any environmental contamination which arose out of and is directly related to the operation of the UST. 7. Concessionaire is bound by all other terms and conditions of the Agreement and any subsequent agreements entered into between the City and Concessionaire during the ten (10) year term of this Service Facility lease extension. IN WITNESS THEREOF, the parties have executed this amendment to the September 17, 1988 Agreement this the day of , 1989. ATTEST: CITY OF CORPUS CHRISTI BY BY Armando Chapa, City Secretary Juan Garza, City Manager Approved this l day of 14,44n4,y , THE HERTZ CORPORATION 1989 by Hal George, City Attorney B Y AssistantQqity Attorney 0571A ITS Vice President. Properties at the foregoing ordinance was read for the first time and passed is econd reading on this the. day of 116? 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes / ecp Frank Schwing, Jr. OcitQekt -J That the foregoing ordinance was read for the second,time and passed to.yts third reading on this the 2 day of , 19 ' , by the following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr. Joe McComb Leo Guerrero Clif Moss Tom Hunt Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time ,and passed finally on this the , l day of ;r r ' „' , 19 " _ , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt PASSED AND APPROVED, this the ATTEST: City Secretary APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of Assistant City Attorney 044 MP OR THE CITY OF CORPUS CHRISTI ' if , 19 P'UBLISHER'S AFFTDA'V.IT State of Texas, 7 CITYOF CORPL CHRISTI County of Nueces J sss: Ad # 63600 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller -- Times, a daily newspaper- published at Corpus Christi in said County and State, generally circulated in Aransas_, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hoga, Jirn Wells, Karnes, Kenedy, k'leberg, Live 0a4:, Nueces, Refugio, San Patricio, Victoria,, and Webb Counties, and that the publication of "NOTICE OF PASSAGE OE ORDINANCE" of which the annexed is a true copy, was published in the Corpus Christi Caller --Times on the 3r4, day ofDec_et11}2er 17 gg , and each day thereafter for zeta consecutive day(s), I Times _ Senior Accounting Clerk. Subscribed �-`nd s •iprn to before me this 29th &:y of Deceill.�].eY , l-".....8..9 UH; .�..a.li�1. YI _Ulr .j_ DEBRA VILLARREAL Notary Public Nueces County, Teras My commission &:>pi res on 4.24.93 PUBLISHER'S AF-FID(IVIT ; i att, t Teas, ) CITY OF CORPUS CHRISTI County c::,' Nueces J Ad # 70503 PO # 'Before rile, the undersigned, a Notary F'ubl i.c. this. day personally cam Po,,,le A. Mendez, who being first duly 5WOFFH accoriing to law, says -.hat she is a Senior Accounting Clerk of the Ccrpus Christi Caller-. Times, ra daily newspaper published at Corpus Christi in said Count' and State, generally circulated in Aransas, Dee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, F.ef-ugi.C, San F'atrlci.o, Victoria, and Webb Counties, arid that. the publication of "NOTICE OF PASSAGE OF ORDINANCE 4TLEIRST_RFADTNP AUTHOR" of which the annexed 1s a true copy, was publishes in the Corpus Christi Caller -Times on the _26TIC day of NOVEMBER 14 gg , and each day tfereafter- for 0 consecutive day Ks) . -Gimes s#. 41.25 Senior Accounting C Subscribed anq sworn tq. L...!_)IIC4 L' U_LL\\((:._t DEBRA VILLARREAL before me this c fi``. Z�TIL �-a x y Public, Nueces County., Texas My commission expires on _ 4.24.93-_- DE_7A UN SELUNu HEADING iUTHORIZING THE CITY AANAGER TO EXECUTE A EASE AMENDMENT WITH 4ERTZ CORPORATION FOR "HEIR SERVICE FACILITY AT .ORPL'S CHRIS 1INTERNA- TIONAL AIRPORT. The lease ;hall be extended for ten (10 years from July 14, 199u, subject to certain bidding of rent car concessions. The rental rate will be $.12 per square foot with 0 review ev- ery three (3) years, any adjustment to be based on current market value rental rates at Corpus Christi Inter- national Airport, with a 1095 cap on each Increase. Was passed and approver on second reading by the City Council of the City of Corpus Christi, Texas on the 28th day of November, 1989 and the full text of said ordinance is available to the public in the Office of the City Secretary. /s; Armando Chapa City Secretary Cbv of Cornus Christi NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT—WITH HERTZ CORPORATION FOR THEIR VICE FACILITY AT CORPUS CHRISTI INTERNA- TIONALSERAIRPORT. The lease shall be extended for ten (10) years from July 14, 1990 subject to certain bidding of rent car concessions. The rental rate will be $ 12per square foot with a review ev- ery three (3) years, any adjustment to be based on current market value rental rates at Corpus Christi Inter- national Airport, with a 10% cap on each increase. Was passed and approved on first reading by the City Couocr1 of the City of Corpus Christi, Texas on the 21st day of November, 1989 and the full text of said ordinance is available to the public in the Office of the City Secretary. !s: Armando Chapa City Secretary City of Corpus Chrisu