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Home My WebLink About10003 ORD - 11/18/1970AN ORDINANCE APPROVING REASSIGNMENT FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION OF A LEASE AGREEMENT, BLEDSOE AVIATION, INC. BEING A MESNE ASSIGNEE, CONCERNING AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, 500' x 350' AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID ASSIGNMENT DATED JULY 14, 1960, AND APPROVED BY ORDINANCE NO. 5789, SUBJECT TO CERTAIN CONDITIONS SET FORTH IN THE NEW ASSIGNMENT OF LEASE FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF; SUBJECT TO CERTAIN CONDITIONS SET FORTH; AND DECLARING AN EMERGENCY- WHEREAS, CORPUS CHRISTI BANK AND TRUST DESIRES TO REASSIGN ITS ASSIGNMENT OF LEASE, 13LEDSOE AVIATION, INC. BEING A MESNE ASSIGNEE, OBTAINED FROM GULF COAST AVIATION, INC., AND APPROVED BY THE CITY OF CORPUS CHRISTI, ALL UNDER DATE OF ASSIGNMENT, DATED APRIL, 1968; AND WHEREAS, CORPUS CHRISTI BANK & TRUST DESIRES TO REASSIGN ALL RIGHTS UNDER SAID LEASE TO THE SMALL BUSINESS ADMINISTRATION, CONDITIONED UPON THE PAYMENT OF CERTAIN SUMS OF MONEY PROVIDED IN SAID NEW ASSIGNMENT OF LEASE; AND WHEREAS, REQUEST HAS BEEN MADE OF THE CITY TO APPROVE SAID ASSIGNMENT, AND THE CITY COUNCIL IS AGREEABLE TO APPROVAL OF SAID ASSIGNMENT, SUBJECT TO CERTAIN CONDITIONS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. APPROVAL IS HEREBY GIVEN THE REASSIGNMENT FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION OF A LEASE AGREEMENT, BLEDSOE AVIATION, INC. BEING A MESNE ASSIGNEE, CONCERN- ING AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, 500' x 350' AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID ASSIGNMENT FROM GULF COAST AVIATION, INC., TO BLEDSOE, INC. DATED JULY 14, 1960, APPROVED BY ORDINANCE No. 5789, SUBJECT TO THE CONDITIONS SET FORTH IN THE REASSIGN- MENT OF LEASE FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 10003 SECTION Z. THE NECESSITY TO APPROVE THE ASSIGNMENT AS HEREIN - ABOVE SET FORTH AT THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �d xKJ DAY OF NOVEMBER, 1970- ATTEST: o��i f �f� � am �`) Y��'� CITY SEC TAR OR /' HE CITY OF CORPUS CHRISTI, TEXAS APPROVED: if �/i D Y OF 1 EM , 1970: CITY ATTORNEY LL OL{s '- (Page 1 of 2 pages)• ASSIGNMENT OF REAL ESTATE LEASE & AGREEMENT , STATE OF TS ) COUNTY OF RUE= ) This assignment of lease and agreement made and entered into by and between BT SOE AVIATION, INCORPORATED Corpus Christi Bank & Trust, acting as Trustee for the (lessee - hereinafter called "Borrower "); and /City of Corpus Christi, Texas (hereinafter called "Lessor "); WITNESSETH: WHEREAS, Borrower has heretofore leased from Lessor a certain tract of land owned by Lessor situated and described as follows: A portion of Corpus Christi International Airport, Highway 44, Corpus Christi, Nueces County, Texas; said portion of land being a 500' x 350' ...... tract as shown on Exhibit "A" attached to Assignment of Lease between the Corpus Christi Bank and Trust Company and Gulf Coast Aviation, — - Inclrporated,.dated July 14, 1960. WHEREAS• - -f -' — Small Business Administration (hereinafter referred to'as ' [SBA") has agreed to lend to Borrower the sum of THBEE HULKED SEVENTY THOUSAND = HUNDRED AND NO /100------------- -=-- -- ($ 370,600.00 ) to be used $142,200.00 for building repair /replacement $296,200.00 to repair or replace machinexg & equipment $32,200.00 to replace inventory WHEREAS, such loan is for the mutual benefit of Borrower and Lessor as the funds advanced are to be used for the benefit of the business conducted on said leased premises; NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, and of disbursement of said loan or any part thereof, IT IS MUTUALLY AGREED BY AND BETWEEN ALL PARTIES HERETO, as follows: 1. That Borrower, with the consent of Lessor, hereby ASSIGNS, TRANSFERS and CONVEYS unto Bank /SBA, with right of reassignment, a certain lease between Borrower and Lessor dated the 14th day of July , 1960 , for a term of 30 .- years covering the premises above mentioned and described, and the buildings thereon, TO HAVE AND TO HOLD the same for and during the remainder of the term mentioned in the lease, and all renewals and extensions of said term. 2. Lessor covenants that, in consideration of Bank /SBA making said loan to Borrower, Lessor (a) will give written notice to Bank /SBA of any default of Borrower under said lease; (b) will not terminate said lease for any such default unless the Bank /SBA fails to cure such default; and (c) so long as Bank /SBA has not entered into possession of the premises leased in said lease for the purpose of operating the said business, it shall not be liable for any rent or any other obligation of the Borrower pursuant to, or in connection with said lease, and Borrower shall remain liable for all such rents and obligations. LESSOR further COVENANTS AND AGREES, as follows: (a) That, as of a date not more than thirty (30) days prior to any disbursement on account of the loan, borrower is not in default under any terms of the leased premises; DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V) REF: ND 510 -1A (Page 2,of 2 pages) (b) That in the event of any default under the terms of said lease, Lessor will not terminate the lease or'take any action to enforce any claims with respect thereto without giving to the holder of the Note at least sixty (60) days prior written notice and the right to cure.such default within said period; (c) Subordinates to all liens securing the Note, until payment in full of the Note, every lien and every right to institute proceedings to establish any lien or claim against any or all of the property hypothecated as collateral for the Note, (d) That none of the property of the Borrower situated on said leased premises constitutes fixtures or any part of the real estate*of the Lessor as same has been placed on said premises with the agreement and understanding that such property may be removed therefrom by the Borrower or assigns and all property hereafter placed on the leased - premises by Borrower may be removed therefrom and shall not be considered a part of the real estate. (e) Certifies that he (it) has full power and authority to execute this instru- ment, and has title to the leased premises or such property rights therein as to make effective the vesting in Borrower of rights with respect thereto in accordance with the terms of said lease and this instrument. IT IS MUTUALLY AGREED BY AND BETWEEN ALL THE PARTIES HERETO that this assignment and agreement shall be executed in three (3) counterparts, each of which shall have the same force and effect as-an original, and one shall be attached to and became a part of the lease heretofore executed by the Lessor to the Borrower; and that the terms used to designate any of the parties herein shall be deemed to include the heirs, representatives, successors and assigns of such parties. TO ALL OF WHICH WE MUTUALLY AGREE this day of MMSOE AVIATION. INCORPORATED WITNESS: J4 (Borrower) President WITNESS: Secretary. ATTEST: CITY SECRETARY CITY MANAGER FOI(Lessor) CITY OF CORPUS CHRISTI "TkOK�T APPROO ED' /�G D OF OBE , )970: Corpus Christi Bank 6 Trust Company, CITY ATTORNEY , _ Trustee for Lessor 2 DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V) REF: ND 510 -LA INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSE!� AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER 92 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS Q COUNTY OF NUECES d BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. S. BLEDSOE, JR., PRESIDENT OF BLEDSOE AVIATION, INCORPORATED, A TEXAS CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID BLEDSOE AVIATION, INCORPORATED, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS 0 COUNTY OF NUECES Q BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED - - -- R. MARVIN TOWNSEND- - - - - -, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAMEA S.SUSSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSE!� AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER 92 NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS Q COUNTY OF NUECES d BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED W. S. BLEDSOE, JR., PRESIDENT OF BLEDSOE AVIATION, INCORPORATED, A TEXAS CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID BLEDSOE AVIATION, INCORPORATED, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION, FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER, 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Texas IS Vk day of ° / 0 lam✓ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases aII14- Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fo owing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases i Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore