HomeMy WebLinkAbout029753 ORD - 02/26/2013Page 1 of 2
Ordinance
Authorizing the City Manager, or designee, to ratify an
amendment to the On- Airport Rental Car Concession and Lease
Agreement with The Hertz Corporation for the operation of a car
rental concession at the Corpus Christi International Airport
( "Airport ") to exclude former Hertz subsidiary Simply Wheelz,
L.L.C. as a party.
Whereas, the City and The Hertz Corporation, a Delaware corporation, and its wholly
owned subsidiary, Simply Wheelz, L.L.C., a Delaware limited liability company, doing
business as Advantage Rent -A -Car ( "Simply Wheelz "), a company operating under the
laws of the State of Texas, previously .executed an On- Airport Rental Car Concession
and Lease Agreement dated November 1, 2009 ( "Original Agreement ");
Whereas, The Hertz Corporation sold Simply Wheelz effective December 12, 2012;
Whereas, the City and The Hertz Corporation desire to enter into an amendment to the
Original Agreement to formally agree that Simply Wheelz no longer is a party to that
Original Agreement;
Be it ordained by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That the City Manager, or designee, is hereby authorized to ratify an
amended agreement with Hertz for the operation of a car rental concession at the
Airport to exclude former Hertz subsidiary Simply Wheelz as a party, which amendment
is attached hereto as Exhibit A.
That the foregoing or inance wasjead for the first time and passed to its second
2013, by the following vote:
reading on this theay of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Ordinance — Hertz Amendment to Ong Agmt 1- 215 -13
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
029753
INDEXED
Page 2 of 2
That the forgoing ord ce was read for the second time and passed finally on this
the _sgle_Pday of ! 2013, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED, this the c the day of
ATTEST:
013.
Armando Chapa
City Secretary
Ordinance — Hertz Amendment to Orig Agmt 1- 215.13
Nelda Martinez
Mayor
029753
AMENDMENT
TO THE
ON- AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
THE HERTZ CORPORATION
This amendment to an existing concession and lease agreement is made by and between the
City of Corpus Christi (the "City) and The Hertz Corporation, a Delaware Corporation.
WHEREAS, the City and The Hertz Corporation, a Delaware corporation, and its wholly owned
subsidiary, Simply Wheelz LLC, a Delaware limited liability company, doing business as
Advantage Rent -A -Car ( "Simply Wheelz "), a company operating under the laws of the State of
Texas previously executed an On- Airport Rental Car Concession and Lease Agreement dated
November 1, 2009 ( "Original Agreement ");
WHEREAS, The Hertz Corporation sold Simply Wheelz effective December 12, 2012;
WHEREAS, the City and The Hertz Corporation desire to enter into this amendment to the
Original Agreement to acknowledge that Simply Wheelz no longer is a party to that Original
Agreement;
NOW, THEREFORE, by execution of this amendment to the Original Agreement, the parties
agree as follows, effective as of December 12, 2012:
Section 1. Article XVII of the Original Agreement is deleted in its entirety and is replaced with
the following:
"ARTICLE XVII
NOTICES
All notice periods begin on the date the notice is mailed by certified mail, return receipt
requested, and sent via facsimile or personally delivered. Any and all notices or other
communications required or permitted to be given pursuant to this Agreement shall be in writing
and shall be considered as properly given if (1) sent by certified mail, return receipt requested,
and (2) sent by facsimile transmission or via any nationally recognized overnight courier service,
and addressed as follows:
When to CITY:
Attention: Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Phone: (361) 289 -0171
Fax: (361) 826 -4551
When to CCONCFSSIONAlRE:
Attn: Staff Vice Pres., Real Estate and Concessions
The Hertz Corporation
226 Brae Boulevard
Park Ridge, New Jersey 07656 -0713
Phone: (201) 307 -2771
Fax: (2.01) 307 -2689
Page 1 of 2
Amendment to Original Agnit- Hertz 145 -13
Section 2. "Concessionaire" shall refer only to The Hertz Corporation in the Original Agreement
and shall not include Simply Wheelz and that Simply Wheelz no longer is a party to that Original
Agreement.
Section 3. The parties further agree that all terms and conditions of the Original Agreement not
changed by this amendment remain the same and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized
officers executed this Amendment, to be effective upon execution by the City Manager,
EXECUTED IN DUPLICATE ORIGINALS this day of , 2013, by the
authorized representative of the parties.
ATTEST:
Armando Chapa
City Secretary
City of Corpus Christi, Texas
Ron Olson
City Manager
CONCESSIONAIRE: The Hertz Corporation, a Delaware cor
By:
Name: Simon Ellis
Title: Staff Vice President, Real Estate and Concessions
Date: i / /hf
oration
STATE OF NEW JERSEY
COUNTY OF BERGEN
This instrument was acknowledged before me on January 18, 2013, by Simon Ellis, as Staff
Vice President, Real Estate and Concessions of The Hertz Corporation, a Delaware
corporation, on behalf of said corporation.
Amendment to Original Agnit- Hertz 1 -15 -13
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•
Notary Public
!tit ` f.J!•
LINDA URAV N
NOTARY PUBLIC OF NEW JERSEY
A4Y COMMISSION E XPIRES JAN, 24, 2014
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