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HomeMy WebLinkAboutC2013-058 - 2/26/2013 - ApprovedAMENDMENT 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 CCONCESSIONAIRE Attn: Staff Vice Pres., Real Estate and Concessions The Hertz Corporation 225 Brae Boulevard Park Ridge, New Jersey 07656 -0713 Phone: (201) 307 -2771 Fax: (201) 307 -2689 2013 -058 2126113 Ord. 029753 al Agrnt- Hertz 1 -15 -13 The Hertz Corporation Page Y of 2 .INDEXED 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 o0 day of R-AqnLakL 2013, by the authorized representative of the parties. ATTEST: Citvlof (porous Christi] T Armando Chapa Ron Olson City Secretary City Manage CONCESSIONAIRE: The Hertz Corporation, a Delaware corporation By: Name: Simon Ellis Title: Staff Vice President, Real Estate and Concessions Date: I STATE OF NEW JERSEY COUNTY OF BERGEN ly t4pt 31~ 7-(0 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. Notary Public LINM DRAM NOTARY PLN= OF NEW JERSEY My COMMISSION EXPIRES JAN. 24, 2014 Page 2 of 2 Amendment to Original Agmt- Hertz 1 -15 -13