HomeMy WebLinkAbout10505 RES - 10/06/1971RWC:vMP:9 /30/71 .
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A RESOLUTION
AMENDING RESOLUTION NO. 1008 APPROVED BY THE CITY
COUNCIL ON OCTOBER 10, 1939 PROVIDING FOR A LEASE
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
THE CORPUS CHRISTI COUNCIL OF CAMPFIRE GIRLS, INC.
BY AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN ASSIGNMENT OF SAID REAL ESTATE LEASE TO
THE SMALL BUSINESS ADMINISTRATION, A COPY OF SUCH
ASSIGNMENT BEING MARKED "EXHIBIT A" AND ATTACHED
HERETO; AND DECLARING AN EMERGENCY.
WHEREAS, BY A RESOLUTION ADOPTED BY THE CITY COUNCIL ON THE 10TH
DAY OF OCTOBER, 1939, THE CITY OF CORPUS CHRISTI WAS AUTHORIZED TO ENTER
INTO A LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF CAMPFIRE GIRLS,
INC. FOR APPROXIMATELY 21.8 ACRES OF LAND ADJACENT TO THE WATER RESERVOIR
OF THE CITY OF CORPUS CHRISTI, SOUTH OF THE CITY OF MATHIS, TEXAS; AND
WHEREAS, THE IMPROVEMENTS CONSTRUCTED BY THE CAMPFIRE GIRLS ON
SAID PREMISES PURSUANT TO SAID AGREEMENT WERE DAMAGED BY HURRICANE CELIA,
AND SUBSEQUENTLY THERETO, A SMALL BUSINESS ADMINISTRATION LOAN WAS GRANTED
FOR THE PURPOSE OF REHABILITATING SUCH STRUCTURES; AND
WHEREAS, IT BEING A CONDITION OF THE SMALL BUSINESS ADMINISTRATION
THAT THE SAID LOAN BE PREDICATED ON THE ASSIGNMENT OF THE AFOREMENTIONED
LEASE BY THE CAMPFIRE GIRLS, INC. AND THE CITY OF CORPUS CHRISTI TO THE
SMALL BUSINESS ADMINISTRATION, IT SO DECLARED THAT SAIJIE SHALL BE EXECUTED.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI
IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE ON BEHALF OF SAID CITY, AN
ASSIGNMENT OF REAL ESTATE LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF
CORPUS CHRISTI AND THE CORPUS CHRISTI COUNCIL OF CAMPFIRE GIRLS, INC. TO
THE SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH ASSIGNMENT IS ATTACHED
HERETO AND MADE A PART HEREOF, AND READS AS FOLLOWS, TO -WIT:
10505
SECTION 2. THE PUBLIC IMPORTANCE OF THIS RESOLUTION CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN-
SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLU-
TION 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 RESOLUTION BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS
ACCORDINGLY SO RESOLVED, THIS THE 6 Wc- DAY OF OCTOBER, 1971.
ATTEST: V
G
CITY 3ECRIfTARY MAYOR
THE CITY C PUS CHRISTI, TEXAS
APPROVED:
DAY OF OCTOBER, 1971:
Alai ad:i�
WCA CITY ATTORNEY
(Page 1 of 2 pages)
ASSIGNMENT OF REAL ESTATE LEASE & AGREEMENT
STATE OF TExAS )
COUNTY OF NUECES )
This assignment of lease and agreement made and entered into by and
between Corpus Christi Council Campfire Girls, Inc.
(lessee - hereinafter called "Borrower "); and City of Corpus Christi
(hereinafter called "Lessor "); WITNESSETH:
WHEREAS, Borrower has heretofore leased from Lessor a certain tract of land owned
by Lessor situated and described as follows:
Concerning' approximately 21.8 acres of land located adjacent to the
water reservoir of the City of Corpus Christi, south of the City of Mathis, with
the Camp Fire Girls, Inc., covering all the portion of that certain 21.8
acres of land described-in a lease from the City of Corpus Christi to the
Corpus Christi Council of Camp Fire Girls, Inc., dated October 10, 1939, lying
above the 94 Foot contour Line of the said Lake Mathis and, in addition thereto,
a tract of 14.73 acres adjacent to the southeast line of said original 21.8 acre
tract and lying south of a new 60 foot road right of way extending eastward from the
most northern point of said original southeastern line of said original 21.8 acre
tract, All in Jim Wells County, Texas. Said Lands, however, shall be 'subject to
the right of the City to use the same as a part of its water workd system and to
flood said lands or parts thereof by its present dam, and the new dam under
construction to be known as the Wesley Seale Dam, and any improvements, enlargements
reconstructions or replacements of said Wesley Seale Dam, more particularly
described by metes and bounds as follows:
BEGINNING at the most southerly corner of said original 21.8
acre tract for the most westerly corner of this tract;
THENCE N 660 - 30' along the south boundary line of said original
21.8 acre tract a' distance of 244 feet to a point;
THENCE N 690 - 30! E a distante of 371 feet to a point;
1
THENCE N 780 - 15' E a distance of 184 feet to a point;'
I
THENCE N 120 -08' E a distance of 25.53 feet to a point for the
northeast corner of this tract;
THENCE S 620 -15' E a distance of 700 feet to a point for the most easterly
corner of this tract;
THENCE S 270 - 45' a distance of 688.85 feet to a point for the most
southerly corner of this tract;
THENCE N 580 - 32' W a distance of 1236.48 feet -to the place of beginning,
DAL VI Form 64 (4-1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V)
REF: ND 510 -1A F X H p 7 A"
WHEREAS, SMALL BUSINESS ADMINISTRATION (hereinafter referred
to as "Bank /SBA ") has agreed to lend, to Borrower the sum of TWENTY SEVEN THOUSAND TWO
HUNDRED AND NO/ 00------- ------- --------- ----- ------ -- 0 27,200.00 ) to be
used To repair /rebuild structures on above described property.
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 r F,,,i en , a certain lease between Borrower and
Leaeor dated the �i day of ,j�j�, for a term ofg D years
covering the premises above me oned 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 (4-1470) 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.iustitute 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.
TT 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 sych parties.
TO ALL OF IMCH WE MUTUALLY AGREE this day of
NErAKOW ATTEST
Corpus Christi Council Campfire Girls, Inc.
✓ Secretary 0 (Borrower)
TTEST
City Secretary
City Attorney
City of Corpus Christi, Texas
Mayor in (Lessor) City Manager
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notar Public in and for said County and State,
on this day personally appeared L), R)/ /_ Q E "�) , President
of the CORPUS CHRISTI COUNCIL CAI4FFIRE GIRLS, INC., 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 corporation, 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 0?7b1 day of
September, 1971.
Notary Public, Nueces County, Texas,
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared
duly authorized representative of the CITY OF CORPUS CHRISTI, TEXAS, known to me to
be the person and representative whose name is subscribed to the foregoing instrument,
and acknowledged to me that the same was the act of the City of Corpus Christi, Texas,
and that he executed the same as the act of such City of Corpus Christi, Texas, for
the purposes and consideration therein expressed and in the capacity therein stated. ,aa
GIVEN UNDER MY. HAND AND SEAL OF OFFICE this the day of `
September, 1971. o
Notary Public, Nueces County, Texas.
LESSORS AGRF.E�im
(Oral or Written Lease)
This agreement made and entered into by and between Corpus Christi Council
Campfire Girls, Inc.
(Renter - hereinafter called "Borrower "); and City of Corpus Christi
(hereinafter called "Lessor "; WITNESSETH:
WHEREAS, Borrower is presently renting from Lessor certain premises owned by
Lessor located at (See attached legal description)
(Street Address City State Zip)
or situated and described as follows:
Concerning approximately 21.8 acres of land located adjacent to the
water reservoir of the City of Corpus Christi, south of the City of Mathis, with
the Camp Fire Girls, Inc., covering all tht portion of that certain 21.8
acres of land described•in a lease from the City of Corpus Christi to the
Corpus Christi Council of Camp Fire Girls, Inc., dated October 10, 1939, lying
above the 94 Foot contour Line of the said Lake Mathis and, in addition thereto,
a tract of 14.73 acres adjacent to the aoutheast line of said original 21.8 acre
tract and lying south of a new 60 foot road right of way extending eastward from the
most northern point of said original southeastern line of said original 21.8 acre f
tract, All in Jim Wells County, Texas. Said Lands, however, shall be subject to
the right of the City to use the same as a part of its water workd system and to
flood said lams or parts thereof by its present dam, and the new dam under
.construction to be known as the Wesley'Seale Dam, and any improvements, enlargements, V
reconstructions or replacements of said Wesley Seale Dam, more particularly
described by metes and bounds as follows:
BEGINNING at the most southerly corner of said original 21.8
acre tract for tine most westerly corner of this tract;
THENCE N 660 - 30' along the south boundary line of said original
21.8 acre tract adistance. of 244 feet to a point;
THENCE N 690 - 30! E a distance of 371.feet to a point;
..THENCE N 780 - 15' E a distance of 184 feet to a point;
THENCE N 120 -08' E a distance of 25.53 feet to a point -for the
northeast corner of this tract;
THENCE S 620 -15' E a distance of 700 feet to a point for the most easterly
corner of this tract;
THENCE S 270 - 45' a distance of 688.85 feet'to a point for the most a
southerly corner of this tract;
THENCE N 580 - 32' W a distance of 1236.48 feet-to the place of beginning,
1
WHEREAS, Small Business Administration i (hereinafter referred to
as "Bank /SBA ") has agreed to lend to Borrower the sum of
TWENTY SEVEN THOUSAND TWO HUNDRED DOLLARS AND NO /00 ($27,200.00 )�
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 constitutes
fixtures 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 referred to.
(d) Certifies that he (it) has full power and authority to execute this instrument
and has title to the premises or such property rights therein as to make ef-
fective the vesting in Borrower of rights with respect thereto in accordance
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 day of ,
attest n
�jCortvs Christ9 Council Camp Fire Girls, Inc.
Secretary U & 0 /// iJ�, &
(( (Borrower)
WEREMMttest
ty Atto y
A5 City Secretary (Lessor)
DAL VI Form 66 (4 -1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V)
REF: ND 510 -LA
.w
x
CORPUS CHRISTIj TEXAS yp
�O DAY OF �`�'��� -��� 19-7/
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTIj TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE2 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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED2 OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RE9�CTFU* Y,
"M
THE CITY OF CORPUVS%CFJRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
BONN I E $ I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
Q�
THOMAS V. GONZALES
GABE LOZANO, SR.
J.' HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE
J
FOLLOWING VOTE:
BONNIE SIZEMORE
!C=
CHARLES A. BONNIWELL
A
ROBERTO BOSQUEZ
.._i
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
f�
J. HOWARD STARK