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Res 017-2009 2/3/2009 RESOLUTION NO. 1 �oQ RESOLUTION TO APPROVE AN AMENDMENT TO THE RENTAL CAR LEASE AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE HERTZ CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls has a Rental Car Concession Agreement with The Hertz Corporation; and WHEREAS, The Hertz Corporation has requested some financial relief from that agreement; and WHEREAS, circumstances exist indicating the relief is justified in exchange for a shortened agreement term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Article IV, Item 1 of said contract is amended to read as follows: "Lessee agrees to pay an annual concession fee for the rights and privileges herein granted by the City, as follows: A minimum concession fee equal to seventy-five percent (75%) of the previous year's concession fees (with the calculation of the previous year's concession fees will be for the period ending December 31, 2008.) or 10% of Gross Monthly Revenue, which ever is greater" SECTION 2. The new minimum concession fee will be applicable for all concession periods after December 31, 2008. SECTION 3. The expiration date of such agreement will change from February 28, 2010 to October 31, 2009. SECTION 4. the City of Wichita Falls hereby authorizes the City Manager to execute the attached amendment to the Rental Car Agency Agreement with The Hertz Corporation. SECTION 5. It is hereby officially found and determined that the meeting at . which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 3� day of February 2009. MAYOR ATTEST: � City Clerk