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HomeMy WebLinkAbout10021 ORD - 12/02/197012/2/70:e ., AN ORDINANCE APPROVING REASSIGNMENT FROM DONALD NUTTER TO SMALL BUSINESS ADMINISTRATION OF HIS INTEREST IN A LEASE AGREEMENT CONCERNING A 500'x 350' AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AS SHOWN ON EXHIBIT "A" ATTACHED TO ORIGINAL ASSIGNMENT OF LEASE BETWEEN CORPUS CHRISTI BANK & TRUST, TRUSTEE, AND SCOTT BLEDSOE, JR., DATED MARCH 30, 1964, AND AUTHORIZED BY ORDINANCE NO. 7182, SUBJECT TO CERTAIN CONDITIONS SET FORTH IN THE NEW ASSIGNMENT OF LEASE & AGREEMENT FROM CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND DONALD NUTTER TO SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DELCARING AN EMERGENCY. WHEREAS, on March 30, 1964, an Assignment of Lease (authorized by Ordinance No. 7182) was executed between Corpus Christi Bank & Trust Company, Trustee, and Scott Bledsoe, Jr., concerning a 500' x 350' area at Corpus Christi International Airport, said area being shown on Exhibit "A" attached to said Assignment of Lease; and WHEREAS, on August 28, 1964, Scott Bledsoe, Jr. executed an Assignment of said Lease to Donald Nutter; and WHEREAS, on August 28, 1964, Donald Nutter executed an Assignment of said Lease to Art Construction, Inc., and First National Bank of McAllen, Texas, which Assignment has been released as to Bank by instrument filed in Volume 1221, page 886, Deed of Trust Records of Nueces County, Texas, and as to Art Construction, Inc., by instrument filed in Volume 1377, page 926, of the Deed Records of Nueces County, Texas; and WHEREAS, on June 1, 1966, an Amendment to Assignment of Lease dated March 30, 1964, became effective, which changed the Assignee in the Lease to "Scott Bledsoe, Jr. and Donald Nutter "; and WHEREAS, it is now the desire of Donald J. Nutter to assign his interest in said Assignment of Lease to Small Business Administration, and said assignment meets with the approval of Corpus Christi Bank & Trust Company as Trustee for City: i ®®21L NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Approval is hereby given to the reassign- ment to Small Business Administration of the interest of Donald Nutter in that Assignment of Lease entered into on March 30, 1964 (authorized by Ordinance No. 7182), between Corpus Christi Bank & Trust Company, as Trustee for the City of Corpus Christi, and Scott Bledsoe, Jr., which original Assignment of Lease was assigned to Donald Nutter on August 28, 1964, and amended on June 1, 1966 so as to correct the Assignee to read "Scott Bledsoe, Jr. and Donald Nutter ", which lease covers a 500' x 350' area at Corpus Christi International Airport and is more fully described in that original lease and exhibit attached thereto. A copy of the reassignment to Small Buisness Administration is attached hereto and made a part hereof for all pertinent purposes. SECTION 2. The necessity to approve the Reassignment set forth herein at the earliest possible date, creates a public emergency and an imperative public necessity requiring the sus- pension 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 �_ day of December, 1970. ATTEST: City ec eT \ MAYOR Pro lem THE CITY OF ZORPU61RIS , TEXAS APPROVED: 2ND DA OF D E , 1970: / C' y Attorney • ASSIGNMENT OF REAL ESTATE LEASE & AGREEMENT STATE OF TEXAS ) COUNTY OF ME= ) U1, or.µ j[o CC (pigs l .bf 2 pages• This assignment of lease and agreement made and entered into by and between Donald J. Nutter and Scott Bledsoe, Jr.* Corpus Christi B'nk & 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: WHEREAS, Small Business Administration (hereinafter referred to as "Bank /SBA ") has agreed to lend to Borrower the sum of ------------------- 4. FOB.TY -FOUR THOUSAND ONE HUNDRED AND N0 /100----- - - - -($ 44,100.00 ) to be � used $44,100.00 to repair hanger No- 3 located at International Airport, Corpus Christi, Texas (Bledsoe Aviation, Incorporated) 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 30th day of -March ,1964 , for a term of '26 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 /SSA 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; *Scott Bledsoe, Jr. as Assignor only DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V) REF: ND 510 -1A A portion of Block Twenty -three (23) J. C. RUSSELL FARM BLOCKS, Nueces County, Texas, as shown by the map or -plat thereof shown,of record in Volume 3, at page 53, Map Records of Nueces County, Texas, more - particularly described as follows to -wit: 3EGINNING at the original northeast corner of Block 23, J. C. Russell Farw BLocks as shown by map or plat of record in Volume 3, page S3,-map Records of Nueces County, Texas; THENCE S 1° 42' E with the common boundary :ine.of (Blocks 2. and.23, a distance of 2833.57 feet to a point; 1 `THENCE S. 8a° l8' W a distance of 1329.59 feet to EL point, said point being, the beginning point of ,the tract herein described; THENCE N. 446 59' 30" W a distance of 500 feet to a point for a corner of the tract herein described; THENCE N. 45° 00' 30" E a distance of 550,feet to a point for a corner of the tract herein described; :THENCE S. 440 59' 30" E a distance of 500 feet to a ,point for a corner of the tract herein described; .THENCE S. 45° 00' 30" W a distance of 350 feet to the Ir place of beginning. • (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 become 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 4 day of December . 1970. WITNESS: Scott Bledsoe, Jr. (Assignor) Donald J. Nutts3(Borr, —erj ATTEST: City of Co7mus M= sti. Texas city Secretary APPROVED: DEC. , 1970: By (Lessor) R.Marvin Townsend,City V1 1p eyy Manager AXH APPROPornR M ACKNOWLEDGMENTS THE.STATE OF TEXAS II Corpus Christi Bank a Trust Company, COUNTY OF NUECES Trustee for Lessor BEFORE ME, the undersigned authority, ,on this day personally appeared DONALD J. NUTTER,- .1cnown..to_me -to be.-t „e-- :nersan. *.•. *hose_name is. subscribed to the foregoing_instrument,.and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 25th day of November, 1970. . .1 •_� C C� � � C 11�2��� Notary Public in and for Nueces County, Texas SHARON EMERSON 2 DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V) REF: ND 510 -1A • THE STATE OF TEXAS X COUNTY OF NUECES X Before me, the undersigned authority, on this day personally appeared SCOTT BLEDSOE, JR., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same 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 1970. Notary Public in and for Nueces County, Texas. THE STATE OF TEXAS X COUNTY OF NUECES X 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 name is subscribed 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 espressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1970. Notary Public in and for Nueces County, Texas. Corpus Christi, as day of 19 TO THE N'.NDERS OF THP 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, • `TF1Ea CIV OF C46s C ISTI, 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 Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the followi g vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. e Eduardo E. de Ases Ken McDaniel W. J. ',Wrangler" Roberts AA a Ronnie Sizemore y: