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HomeMy WebLinkAbout11162RESOLUTION NO. 11162 A RESOLUTION APPROVING AMENDMENT NO. 7 TO A RENTAL CAR LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HERTZ CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo entered a Rental Car Lease and Operating Agreement with The Hertz Corporation on December 27, 1999; and WHEREAS, both parties wish to amend the Lease; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Amendment No. 7 to the Rental Car Lease and Operating Agreement, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and The Hertz Corporation relating to rental car operations at the Pueblo Memorial Airport is hereby approved, subject to the conditions as set forth in said Amendment. SECTION 2_ The President of City Council is hereby authorized to execute said Amendment No. 7 to the Lease and Operating Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED December 10, 2007 BY Randy Thurston Councilperson APPROVED: a #?ESIDEINTof City Council ATTESTED BY: CITY CLERK Res. ONE Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: December 10, 2007 DEPARTMENT: AVIATION - JERRY BRIENZA TITLE A RESOLUTION APPROVING AMENDMENT NO. 7 TO A RENTAL CAR LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HERTZ CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an Amendment to the Rental Car Lease and Operating Agreement between the City of Pueblo and The Hertz Corporation to extend the current lease agreement for an additional year and increase the rental rate. RECOMMENDATION Approval of this Resolution. BACKGROUND On December 27, 1999, the City entered a Lease and Operating Agreement with The Hertz Corporation for rental car services at the Pueblo Memorial Airport. This lease was for a one -year period with an option for one additional year that expired December 31, 2001. Amendments have been approved by City Council extending the lease until December 31, 2007. Due to the airport's situation with the essential air service funding, it was determined to be in the best interest of the City to extend the current leases instead of seeking new proposals. City Council's approval of this Amendment will extend the lease agreement through December 31, 2008 and increase the rental rate. The increase to the rate is based on the Consumer Price Index for all Urban Consumers (CPI -U). FINANCIAL IMPACT The Hertz Corporation will continue to pay 10% of their gross receipts per month and $10 a month for ten (10) parking spaces. Their rent has been increased to $319.09 monthly ($3,829.08 annually) from $311.45 monthly ($3,737.44 annually). PUEBLO MEMORIAL AIRPORT RENTAL CAR LEASE AND OPERATING AGREEMENT AMENDMENT NO. 7 THIS AMENDMENT entered into as of this loch day of December _,2007 between the City of Pueblo, a Municipal Corporation (the "Lessor") and The Hertz Corporation (the "Lessee "), WITNESSETH: WHEREAS, a Rental Car Lease and Operating Agreement ( "Agreement ") between the Lessor and Lessee was entered into on December 27, 1999 and amended on October 23, 2006 extending the Agreement for an additional year; and WHEREAS, the term of the Agreement is due to expire on December 31, 2007 and both Lessor and Lessee wish to extend the lease term for an additional year; NOW, THEREFORE, in consideration of the mutual covenants contained herein, Lessor and Lessee agree as follows: 1. The term of the Rental Car Lease and Operating Agreement is hereby extended for a one -year period beginning January 1, 2008 and ending December 31, 2008 under the same terms and conditions, exclusive of the rental rate. 2. The rental rate during the extended one -year period is $3,829.08, payable in monthly installments of $319.09. Said rent is based at the rate of $47.8635 per square foot per year for floor space. 3. The Rental Car Lease and Operating Agreement as modified and amended by this Amendment No. 7 shall remain in full force and effect. Signed in Pueblo, Colorado, the day and year first written above. [SEAL] ATTEST: City rk APPROVED-AS TO FORM: City Attorney LESSOR: Pueblo, a Municipal Corporation / By Judy P eave President of City Council LESSEE: N" The Hertz C rbMation By Sign n Ellis Staff Vice President, Real Estate & Concessions