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HomeMy WebLinkAbout10647 ORD - 12/29/197112- 22- 71:jkh TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE LESSOR'S AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, A14D ROGER L. GAULT DBA GAULT AVIATION INTERNATIONAL AIRPORT, AGREEING TO SUBORDINATE THE LESSOR'S LIENS AND RIGHT TO INSTITUTE PROCEEDINGS TO ESTABLISH CLAIMS AGAINST ANY OR ALL OF THE PROPERTY PLEDGED AS COLLATERAL IN FAVOR OF SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That.the City.Manager.be, and he is hereby,'authorized and directed to approve Lessor's agreement between the Corpus Christi Bank & Trust Company, Trustee, and Roger L. Gault dba Gault Aviation International Airport, agreeing to subordinate the Lessor's liens and right to institute proceedings to establish claims against any or all of the property pledged as collateral in favor of Small Business Adminstration, a copy of which agree- ment is attached hereto and made a part hereof. SECTION 2. The public importance of this ordinance 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, phis the day of December, 1971. ATTEST: "Ila A 14- City Secrete APPROVED: DA OFF DECEMBER, 1971: City ttorney 1(00, .o MAYOR THE CITY OF CORP ISTI, TEXAS 1064 to(, 41 LESSOR'S AGREEMENT (Oral or Written Lease) This agreement made and entered into by and between Roger L. Gault ; d /b /a Gault Aviation International Airport (Renter - hereinafter called "Borrower "); and City of Corpus Christi, Texas, a muni- cipal corporation and body politic under the laws of the State of Texas, acting by and through du1y a— uttorized-City Ff nager, -I Marvin Townsend, (hereinafter called "Lessor "; WITNESSETH., WHEREAS, Borrower is presently renting from Lessor certain premises owned by Lessor located at International Airport Corpus Christi. Texas 78408 `- - - (Street Address - City State Zip) situated and described as follows: SAID AREA HEREBY LEASED IS BEGINNING AT THE NORTHWEST __--CORNER-OF THE TRANSIENT APRON; WHICH POINT IS ON THE -- WESTWARD EXTENSION OF THE NORTH LINE OF TAXIWAY 'INf' AND CONTINUING ALONG THE WESTWARD EXTENSION OF SAID NORTH LINs 297.87 FEET FOR THE SOUTHWEST CORNER; THENCE. NORTH PARALLEL TO THE CENTER LINE OF RUNWAY 3.7 -35, A DISTANCE OF 500 FEET TO THE POINT FOR THE NORTICIEST CORNER, "THENCE, 'AT 'K RIGHT-- ANGLE ` -IN"AN7- E- ASTERLY "DIRECT'ION 297.87 FEET TO A POINT FOR THE NORTHEAST CORNER; THENCE, SOUTH PARALLEL TO THE WEST LINE OF THIS TRACT 500 FEET TO THE PLACE OF BEGINNING. (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 14E MUTUALLY AGREE this day of Roger L. Gault d /b /a Gault'Atiation, nternationa�l nrt- (orr wer) MMMRXKW ATTEST: CITY OF CORPUS CHRISTI Ay City Secretary R. Marvin Townsend i city Manager (Lessor) City Attorney DAL VI Form 66 (4••1970) PREVIOUS AREA EDITIONS ARE OBSOLETE (F.P. V) REF: ND 510 -1A CORPUS CHRISTI, TEXAS C1 0 �_ -+- -D A Y OF , 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 14EETINGS 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, MAYOR THE CITY OF CORPUS C RI I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE Y CHARLES A. BONNIWELL ROBERTO BOS4UE2 M.D. / REV. HAROLD T. BRANCH / THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK I w- MIA"I"