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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 �' r1 • Notary Public !tit ` f.J!• LINDA URAV N NOTARY PUBLIC OF NEW JERSEY A4Y COMMISSION E XPIRES JAN, 24, 2014 Page 2 of 2