HomeMy WebLinkAbout028181 ORD - 05/26/2009Page 1 of 2
ORDINANCE
APPROVING TRANSFER OF THE LEASE WITH CORPUS ASSETS,
L.P. TO SVABIC FAMILY PARTNERSHIP, LTD. FOR AERIAL,
SURFACE, AND SUBSURFACE PREMISES FOR OPERATION OF
PEDESTRIAN SKYWALK ACROSS ANTELOPE STREET RIGHT OF
WAY BETWEEN AMERICAN BANK BUILDING AND PETROLEUM
TOWER; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi approves the transfer of the Lease with
Corpus Assets, L.P. to Svabic Family Partnership Ltd., for aerial, surface, and
subsurface premises for operation of pedestrian skywalk across Antelope Street right of
way between American Bank Building and Petroleum Tower. A copy of the Acceptance
of Assignment of the Lease by Svabic Family Partnership, Ltd., is attached as Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the .X day of Mgt , 2009.
ATTEST:
THE CITY OF CORPUS CHRISTI
taint
Armando Chapa Joe
ame
City Secretary Mayor
iytn,,Lit 1 S, ?o05
Approved:
Lisa Aguila
Assistant ity Attorney
For City Attorney
02§jS1
Corpus Christi,ChjTexas
a Day of
, 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
data
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney '
Larry Elizondo, Sr. at4
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
028181
ACCEPTANCE OF ASSIGNMENT OF LEASE
Whereas, on December 14, 1999, by Ordinance number 023865, Corpus Assets, L. P. received a 59 year lease
from the City of Corpus Christi to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope
Street right-of-way between the American Bank Building on the South side of Antelope Street and the former
Petroleum Tower Building ("Lease");
Whereas, Corpus Assets, L.P. and Svabic Family Partnership. Ltd. have entered into an agreement whereby
Corpus Assets has transferred the former Petroleum Tower Building to Svabic Family Partnership, Ltd.; and
Whereas, Corpus Assets, L.P. and Svabic Family Partnership, LTD. have requested consent by the City to the
assignment of the Lease, as required by Section 14 of the Lease;
NOW, THEREFORE, , Corpus Assets, L.P. and Svabic Family Partnership, LTD. make the following
representations and warranties to the City:
1. Svabic Family Partnership, LTD is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas, and is authorized to do business in Texas and has full power, authority,
and legal capacity to execute, deliver, and perform this Acceptance for Svabic Family Partnership, Ltd. to
perform the terms and conditions of the Lease.
2. For Corpus Assets L P and Svabic Family Partnership, Ltd. all actions necessary to authorize the
execution and delivery of the Assignment and Assumption of Lease, attached as Exhibit A, have been duly
authorized by all necessary and required proceedings of both entities.
3. Svabic Family Partnership, Ltd. acknowledges that it has been furnished copy of the existing Lease and
agrees to accept the assignment of the Lease and accepts all rights, duties, and obligations created thereunder.
4. For notification purposes, notices from the City to the Svabic Family Partnership should be mailed to:
SVABIC FAMILY PARTNERSHIP, LTD.
ATTN:
Cit 2.7 KoktOA
Fi1.5114 1Mal
77 -77 Otto
Telephone Contact:W)U.lCsai4SIG 713.777,6--2,71/
5. Svabic Family Partnership, Ltd. has attached its payment of $10,823.23 as rental payment for years
November 17, 2005 through November 16, 2010.
Dated. CORPUS ASSETS, L.P
y7001
STATE OF J -E.
By
Its
COUNTY OF f t S
The foregoing.instrum pj was sqI scri ed and orn to fore m this day of f E CJf i
, 200 , by 1ah4A/'C
v OS&ithit-( , the KQs'de! .' of Corpus Assets,
Exhibit A
Dated: lo.a-S 2008 SVABIC FAMILY PARTNERSHIP, LTD.
Its r & t Ot-tu
STATE OF I &C4.5
COUNTY OF i-1-41211.15
The foregoing instrument was subscribed and sworn tg.fore me thisZS day ol(tarrAfttiC
2008, by O) I LU E SVA -61 t_ , the . t2 t oa*1 r- of Svabic Family
Partnership, Ltd. , a Texas Corporation, on behalf of said corporation.
SEAL
W Patrick Curington
Notary Pudic, State of Texas &
My Commission Expires:
April 28, 2011
Notary Putlic
Sent by: ARMADILLO GLASS INC.
713 777 0636; 05/12/05 5:47PM;rotfar #711;Page 2/7
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASES (this"Assignmont")
is made thisc3W-day of May, 2005, by CORPUS ASSETS, L.P., a Texas limited partnership,
("Assignor") and SVABIC FAMILY PARTNERSHIP, LTD., a Texas corporation ("Assignee").
WHEREAS, Assignor is the lessee ofcSainpeoperty known as the Antelope Street
Sk,walk, more particularly described in Exhibit ".A" attached hereto (the "Property'), which property
is now subject to a certain lease entered into between the City of Corpus Christi, as the lessor, and
Corpus Assets, L.P., Assignor herein, as lessee (the "Lease"), a copy of which is annexed hereto as
Exhibit 8; and.
WHEREAS, Assignee is desirous of having Assignor assign the Lease to Assignee,
subject to all of the obligations of the lessee contained therein, and Assignor is desirous of assigning
the Lease to Assignee;
-NOW, THEREFORE, for and in consideration of Ten Dollars (510.00) and other
goad and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree and state as follows:
1. Assignor hereby assigns to Assignee all of Assignor's right, tide and interest
in, to and under the Lease and any amendments thereto.
2. Assignee hereby (i) accepts the foregoing assignment of the Lease, (11)
assumes all of the terms, covenants and conditions thereof to be performed by the lessee under the
Lease from and after the date of the delivery hereof. and (ill) agrees to hold the Assig ror harmless
from any and ail claims, Iiabilities, expenses, actions, suits, costs, damages, and demands of any
1
Ex In 64- A-
Sent by: ARMADILLO GLASS INC.
713 777 0636; 05/12/05 5:47P3A;MlFa #711;Page 3/7
nature whatsoever suffered or incurred by Assignor and which may ari se from Assignee's obligations
assumed hereunder from and after the date of this Agreement.
3. Notwithstanding the within Assignment and Assumption Agirm eni, it is
agreed and understood that this assignment is subject to the following obligations and restrictions;
(a) in the event Assignee herein elects. at its sole and exclusive cost, to
perform all ofthe worknecessary to make the Properly ful iyoperatianal (on both sides) within three
years from the date hereof, the Assignor herebyagrees that it will negotiate and enter into a separate
agreement which provides for reasonable access to American Bank Plaza, which building is owned
by Assignor, to make the Property accessible for the occupants of said American Bank Plaza and
thepremises known as the Permian Tower, located at 8ltNorth Carancahua Street, Corpus Christi,
Texas, being purchased by Assignee herein on even date herein;
(b) In the event that Assignee herein, at it sole and exclusive cast, elects not
to perform all of the work necessary to make the Property fltlly operational (on both sides) within
three years from the date hereof, then in that event Assignor shall be under no obligation to negotiate
and enter into a separate agreement which provides for reasonable access to American Bank Plaza,
but it may elect TO do so at its discretion, and Assignor is free to block the entrance from the skywalk
to American Bank Plaza and rent the space to prospective tenants;
(c) Assignee shall hereafter hold Assignorhaunless and completely indemnify
Assignor against any claim for damages of any kind brought against Assignor or its successor in
interest arising out of or related to the Property.
2
Sent by: ARMASILL0 GLASS INC.
713 777 0636; 05/12/05 5:47PM;Jaz#711;Page 4/7
4. Upon execution of this instrument by the parties hereto and the approval of
the City of Corpus Christi to this Assignment, all of the obligations of Assignor pursuant to the
Lease shall be terminated.
5. Thfs Agreement may riot be modified, altered or amended, or its teams waived,
except by an instrument is writing signed by the parties hereto.
6. This Assignment shall be binding upon and inure to the benefit of Assignor
and Assignee, and their respective successors and assigns.
7. This Agreement may he executed in two or more counterparts each of which
when executed and delivered as prescribed shall constitute an original.
IN WITNESS WHEREOP. this Assignment and Assumption of Leases has beat;: •:::•:•:.:.C.:.
•
executed as of the dayand
year first above written. � :•
. ,#
• Ca
ASSIGNOR: ASSIGNEE:
CORPUS ASSETS, L.P. &Vale FAMILY PARTNERSHIP, LTD.
By: CORPUS PARTNERS
MANAGEMENT I..its general partner Sy;
By: t (c.,
Tomas Rosenthal, President
assigwmni 81 I corp us.lease
•
Sent by: ARLMADILLD GLASS INC.
THE STATE OF NEW YORK
COUNTY OF KINGS
)
)
)
713 777 0636; 05/12/05 5:47PL1;jprF•az #711;Page 5(7
This instrument was acknowledged before me this day of May,2E05, by Tomas Rosenthal,
the President of Corpus Partners Manaeemeat Inc., a Texas corporation, and General Peer of
Corpus Assets L.P., a Texas limited partnership, on behalf of said corporation and limited
partnership.
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Sep f,m�+. siq:. Ug N+W Yae1.
N.. n in fl)aaea
�Waaiaa a a7 arod a jir
THE STATE OF TEXAS
COLNTY OF
)
)
)
Notary Public
This instrument was acknowledged before me this _ day of May, 2005, by
the President ofSyabic Family partnership, Lrd_, a Texas corporation, on behalf of said
Notary Public
4
Sent by: ARMADILLO GLASS INC.
713 777 0836; 05/12/05 5:46PM;JezFn 8711;P29e 6/7
EXHIBIT "A"
THE PREMISES
Loss (i), Two (2), Three (3) and Four (4), Tock Ten (10), BLUFF PORTION, an addition to the
Cit of Corpus Christi Nueces Coanty, Texas, according to plat thereof recorded in Volume A,
Pages 2-3 of the Map Records of Nuec es County, Texas
Sent by: ARMADILLO GLASS INC.
713 777 0035; 05112105 5:48PM;Jatat_#711;Page 7i7
EXHIBIT "B"
Antelive Street Skywalk and tmnravementl aria