HomeMy WebLinkAbout10305 ORD - 06/16/1971UKH:6 -9 -71
AN ORDINANCE
APPROVING THE ASSIGNMENT OF LEASE BY THE OSO NATIONAL
PONY LEAGUE, INC. TO THE S.B.A. AS COLLATERAL FOR A
$15,800 LOAN TO BE USED FOR REPAIR AND/OR REPLACEMENT
OF FIXTURES, MACHINERY, EQUIPMENT, LIGHTING,'BUILDINGS
AND OTHER LEASEHOLD IMPROVEMENTS TO A TRACT OF LAND
OUT OF LOTS 7 AND 8, SECTION 17, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, AS SHOWN BY MAP OF RECORD IN
VOL. A•, PAGE 43, NUECES COUNTY, TEXAS MAP RECORDS; AND
DECLARING AN EMERGENCY.
l•IHEREAS, THE OSO 14ATIO14AL PONY LEAGUE, INC. ENTERED INTO A
LEASE AGREEMENT WITH THE CITY OF CORPUS CHRISTI FOR THE USE OF AN IRREGULAR
i TRACT OF LAND OUT OF LOTS 7 AND 8, SECTION 17, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS AS SHOWN BY MAP OF RECORD IN VOL. A, PAGE 1I, NUECES
COUNTY, TEXAS, MAP RECORDS, SAID LEASED AREA TO BE USED FOR BALL PARK AND
RELATED PURPOSES BY THE SAID OSO NATIONAL PONY LEAGUE, INC.; AND
WHEREAS, THE SAID OSO NATIONAL PONY LEAOUE, INC. DESIRES TO
REPAIR AND/OR REPLACE FIXTURES, MACHINERY, EQUIPMENT, LIGHTING, BUILDINGS
AND OTHER LEASEHOLD IMPROVEMENTS AT THE LOCATION AFORESAID; AND
WHEREAS, THE SAID OSO NATIONAL PONY LEAGUE, INC. HAS MADE
i p
•APPLICATION TO THE SMALL BUSINESS ADMINISTRATION FOR A $15,800 LOAN IN
ORDER TO ACCOMPLISH THE SAID REPAIRS AND/OR REPLACEMENT OF FIXTURES,
MACHINERY, EQUIPMENT, LIGHTING, BUILDINGS AND OTHER LEASEHOLD IMPROVEMENTS
AT THE AFORESAID LOCATION; AND
WHEREAS, IT IS NECESSARY THAT THE OSO NATIONAL PONY LEAGUE, INC.
HAVE APPROVAL OF THE CITY FOR ASSINGMENT OF THE AFORESAID LEASE TO THE SMALL
BUSINESS ADMINISTRATION AS COLLATERAL FOR THE SAID IMPROVEMENT LOAN:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT APPROVAL IS HEREBY GIVEN AND THE CITY MANAGER
IS HEREBY AUTHORIZED TO EXECUTE AN ASSIGNMENT OF LEASE BY THE OSO NATIONAL
PONY LEAGUE, INC. TO THE S.B.A. AS COLLATERAL FOR A $15,500 LOAN TO BE
USED FOR REPAIR ANC/OR REPLACEMENT OF FIXTURES, MACHINERY, EQUIPMENT,
LIGHTING, BUILDINGS AND OTHER LEASEHOLD IMPROVEMENTS TO A TRACT OF LAND `
OUT OF LOTS 7 AND 8, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 43, NUECES COUNTY,
TEXAS, MAP RECORDS, MORE FULLY DESCRIBED HEREINAFTER:
,. A0305
.t
Lein- an i.arc,;ular tract of lend cat of Lots 7 and 8, Section 17, Floe Fluff end
1;17c final Fc r,1 alid Gara n Tract:: as sho:m b- t•1ap of Paco ds V , D. Re a3
J �:. r ill roltune f�ta, � ,
liacces Co:Lyt�y , le__as, I'ap Recorcis,
Lo„inn4 g :.t a 1" 1.P? in the ,0uthCaSt lane of the Continental. Pony League Lease
Tract, .,aia .Point being s. 600 58' 50" L., 435.0 feet from the southwest corner of
said Lot £3;
Thence 17. 290 Ol' 10" L., with said southearL line of' the Continental Pony League
Lease a distrr_ce of 'c to a point-*
;
Thence If. 50 31' 10" X., with the northeast line of the Oso Little League Lease
Tune[- a di -,:nce of 56£3.9 feet to e point in the west right of tray line of banis
Joslln Road;
Uhencc S. i8o 50' 30" L., with said. rir;ht of may line of Ennis Joslin Road a dl.-Lance
01 69.01 1'cct to a po:Int.I
Thence ill a southeasterly direction continuing with said west right of way line of
lbm_.s Jbelir_ Road am,', ;d.th the are of a curve t.o (,Ill.- le-ct i,,bose central. angel is
50 35' 33" tend whose rndui.s is 5769.53 feet, a distance of 544.01' to a point for
the northeast corner of Lhi:; tract;
Dience S. 6 ^0 16' if., a distance of )121.0' bore or less to a` 111 J.P. in the north-
east bounda:-y line of LPL 20, Section 17, Flour 131uff and P,ncinal Farm and Garden
Tracts for a corner of this tract:
rhence 1'l. Coo 5£3' 50" W., a distance of 470.92 :feet to the Plance of Beginning;
Containing '(.3 acres more or less.
A COPY OF SAID ASSIGNMENT o LEASE IS ATTACHED HERETO, MARKED EXHIBIT "A ".
SECTION 2. THE NECESSITY TO EXECUTE AN ASSIGNMENT OF LEASE
CONCERNING THE AFORESAID PREMISES IN ORDER THAT THE IMPROVEMENTS MAY BE MADE WITHOUT
DELAY 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 BUT 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
ATTEST:
CITY $tC ETR/ 1 �J
APPROVED:
/DAY OF JUNE, 19 t:
—1 JUNE,
CIT ATTORNEY
/\ /6/f /DAY OF JUNE, 1971.
THE CITY OF CORP /)CHRISTI, TEXAS
It
DL- 873,431,0005 -CC
LESSOR'S AGREEMENT
(Oral or Written Lease)
This agreement made and entered into by and between
OSO NATIONAL PONY LEAGUE, INC.
(Renter - hereinafter called "Borrower "); and _
CITY OF Q03PIUS CHRISTI
(hereinafter called "Lessor "; WITNESSETH:
WHEREAS, Borrower is presently renting from Lessor certain premises owned by
Lessor located at �6fa Bermuda Corpus Christi,_ Texas 78411
Street Address City State
or situated and described as follows:
WHEREAS, SMALL B i. TITESS 10 DTSTRATTON (hereinafter referred to as
"jBLWc/SBA ") has agreed to lend to Borrower the sum of
FIFTEEN THOUSAND EIGHT IiUHDRED AND N0 /100--------------------- - - - -($ 15,800.00 );
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:'
(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
rental of the premises;
(b) That none of the property of the Borrower situated on said premises consti-
tutes fi_vtL es or any part of the real estate of the Landlord 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.
(c) Lessor subordinates to all liens securing the Note, until payment in full,
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 indebtedness in favor of "Bank/SBA" hereinabove referrgd to.
(d) Certifies that he (it) has full power and authority to execute this instrument
and `ias title to the premises or such property rights therein as to make
effective the vesting in Borrower of rights with respect thereto in accord-
ance with the terms of said rental and this instrument.
IT IS MUTUALLY AGREED BY AND BETWEEN ALL THE PARTIES HERETO that this agreement
shall be executed in three (3) counterparts, each of which shall have the same force
and effect as an original, 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 ✓ 22� day of ✓ Cs�� , 19V
WI 'SS:
SWA Form 66 (5 -67) REPLACES RO -X -52 (8 -62)
USE UNTIL STOCK IS EXHAUSTED
i I I f r, v
Borrower)
CT'PP OP PORPTIR CFTTSTT
/ j
Lessor
(F. P. V)
Being _an irregular trL t of land out of Lots 7 and 8, Section 17, Flour Bluff and {
Encinal Farm and Garden Tracts as shown by Map of Records in Volume A, Page 43, _
I4ueces County, Texas, I4ap Records;
Beginning at a 1" 1.PT in the southeast line of the Continental Pony League Lease
Tract, said point being S. 600 58' 50" E., 435.0 feet from the southwest corner of
said Lot 8;
Thence N. 290 O1.' 10" E., with said southeast line of the Continental Pony League
Lease a distance of 198.118 feet to a point;
Thence N. 580 31' 10" E., with the southeast line of the Oso Little League Lease
Tract a distance of 568.9 feet to a point in the west right of way line of Ennis
Joslin Road;
Thence S. 180 50' 30" E., with said right of way line of Ennis Joslin Road a distance
of 69.01 feet to a point]
Thcncc in a southcastcrly direction continuing with said west right of way line of
Ennis Joslin Road and with the are of a curve to the left whose central angel is
50 35' 33" and whose raduis is 5769.58 feet, a distance of 544.01' to a point for
the northeast corner of this tract;
Thence S. 690 16' W., a distance of 421.0' More or less to a 1" 1.P. in the north-
east boundary line of Lot 20, Section 17, Flour Bluff and Encinal Farm and Garden
Tracts for a corner of this tract;
Thence N. 600 58' 50" W., a distance of 470.92 feet to the Plance of Beginning;
Containing 7.3 acres more or less.
DI,- 873,431,0005 -CC
(Page 1 of 2 pages;
ASSIGMIENT OF REAL ESTATE LEASE & AGREEMENT
STATE OF TEXAS )
COUNTY OF I'RIECES )
This assignment of lease and agreement made and entered into by and
between 030 NATIONAL PONY LEAGUE, INC.
(lessee - hpreinafter called "Borrower "); and City of Corpus Christi
(hereinafter called "Lessor "); I- TITNErrSSETR:
WHEREAS, Borrower has - heretofore leased from Lessor a certain tract of--land
bv— Lessor situated_and_described as,: f=ollows:—.__ __,.,
Y
WHEREAS, SMALL BUSINESS ADMINISTRATION (hereinafter referred
to as "Bank /SBA ") has agreed to lend to Borrower the sum of --------------------------
FIFTEEN THOUSAND EIGHT HUNDRED AND N01100------- - - --($ 15,800.00 ) to be
used to repair and /or replace fixtures, machinery, equipment, lighting, buildings
and other leasehold improvements.
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;soid, 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 14 day of May, 1 1969 for a term of five years
covering the premises above mentioned and described, and the buildings thereon,
TO HAVE AND TO BOLD 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 Sank /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 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/zday of / rn,5�:
OOQ NATIONAL PONY TFA ,TTF., INC_
WIT SS:
z ,
/
BV
Borrower)
14ITNESS:
.: _� ... . CTTY OF CORPTT9 CHRTRTT
(Lessor)
ATTACH APPROPRIATE ACKNOWLEDGMENTS FOR EACH PARTY HERETO.
T...
2
DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F. P. V)
REF: ND 510 -1A
CORPUS CHRISTI, TEXAS -7
76 DAY 0FA "L'�•C� 19! I
V
TO THE MEMBERS OF THE CITY COUNCIL -
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCEP 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.
iRE-SPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOW ING VOTE:
RONNIE SIZEMORE i / /&_ -•!`�
CHARLES A. BONNIWELL '� (24ci