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Home My WebLink AboutC2009-197 - 5/26/2009 - ApprovedACCEPTANCE 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 pertorm this Acceptance for Svabic Family Partnership, Ltd. to pertorm 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. 4~z~ Qo~toJ~ L,~~ 1•-~,~~Tx ~~a~~t Telephone Contact: (3 `7~~ •~2~y Gllftc.fe~y~$J~ 5. Svabic Family Partnership, Ltd. has attached its payment of $10,823.23 as rental payment for years November 17, 2005 through November 16, 2010. Dated: ~-~---2898 a -~- a-~o9 STATE OF COUNTY OF / S The ~{~ O t My ~tZ 2009-197 Ord. 028181 05/26/09 Corpus Assets &Svabic Family Pt CORPUS ASSETS, gy ~ ~~ Its and sworn to ore m this// `Z-day of ~~, the e ~hV" of Corpus As ts, Public i Dated: ~ ~ ~, +, 2008 SVABIC FAMILY PARTNERSHIP, LTD. Its 'P t C:Ent ~ STATE OF I~c~S COUNTY OF ~'tL~15 The foregoing instrument was subscribed and sworn to~jef~o~re me thisoZ~ay of ~ibt~G'~ 2008, by Ulf W ~ 5V/a81 <- , the 'rKxbtOE+-aT of Svabic Family Partnership, Ltd. , a Texas Corporation, on behalf of said corporation. SEAL W Patric Ctxkiybn i ~Y ~a stau a texas My ConuNsUOrt Explrss: -_.__- Aarwra.zott AY ~UNCIL SECRETARY SsnC by: 4:RMAdIL[.0 GLASS INC. 713 777 0836; ~ 05/12/05 5:47PM;LetFax ~711;Pega 2I7 ,. ASSIGNl4FEN'j' AhD AS-SYr~1VTYT'~()IV 4R LEAS, 'fIIIS ASSIGNME\~'f AND ASBUMp'CION OF LEASES{this"Assigxtment") !' ' is made tltis~~day of May, 2005, by t'QI~1PU5 A55ETS, L.P., a Texas limited partnership, " ("Assignor"} and SVABIC 8Al-~IILY PAR.'I'IYERSHIP, I.TA., a Texas carporaGan ("Assignee")- 'GVIi1~i2IiA$, Assignoris the lessee ofcertainpropertyknowrtas the Antelope Street ~i;:.;. Skywalk,moreparticulazlydescribedinl3xhi i["A"attaehcdhereto(the "Property"), which Property is now snbj ect to a c~rtaia lease enterod into between the City of Corpus Chrisli, as the iassor, and Cocptts Assets, L.P., Assignor herein, as lessee (the "Lease"}, a copy ofwhich is annexed hereto as - xxhibit B; a_nd. i:. VVHEItEAS, Assi~tee is daviraas ofhavingAssignor assign the lease to Assis~ne, j: subjccttoalloftheabligationsofthelesscecontainedlherein,andAssi~iarisdesmusofassigning I' "' the i.easr to Assignee; NOW, TNEIt$F1~ItIi, far and in consideration of Tan Doilazs (510.00) and other I:' is . goad and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the I: is parties agree and state as follows: 1. Assignor hereby assigns to Assi~tee all ofAssignar's right, title and interact in> w and under the Leasa and any amendments thetoto, -... ( :„ 2. Assignee heteby {l} accepts the foregoing assi,rptmrstt of the Lease, (ii) F - assumes alt of the terms, covenants and conditions tltereoi'to be performed by Ufa lessee under [he I~I = t: Tease fratn sad after the data ofU1e delivery hercaf, and (iii) agree, to hold the Assibmor harmless front any and all claims, liabilities, expenses, actions, suits, costs, damages, arsd demands of any ~:::. z Sent by: kRA~ADILLO GLASS 2NC. 713 777 0838.; 05112J05 5:47PA1;JerFnx p7il;Pege 317 naturowhatsoevarauf'lirad or incurredhyAssigttoraDdwhichmay~riseframAssiglec'soilligatiotzs assumed hereunder from and a8er the date of this Agrccmesit. ..-. 3. !4otwitltstanding the within AssignmanE and Assumption AgrP.cment, i[ is ~: .. !: aid and understood that this asaignmeni is subject tc she following obligations and restrictions; {a) In the event Assignee herehs elects, ut its sAle and rxclusive cost, to I' "'; ;; gcr€orm ail afthe workneoessary W make the Property tlrl ]yap8ratiorsal(nn both sides) within three ~ _:.... . years from the date hereof, the Assigner herehyagrees that it will negotiate and enter into a separate ' L...... . 1:...: agreement which provides for roasonaklle access t0 American Bank Plaza, which building is owned ~' ' I by Assigner, to make the Property accessible for the occupants of said American Bank Plaxa and i. tkegremises known as the Petroleum Tower, located at 8IlTlorth Car'dneahnaSirext,CorpusChristi, ~;... . Texas, being gturchased by Assigtee herein on even date herein; ~' {b) In tF1e avesrt that Assignee heroin, ac it sole and exclusive cast, elects not to perform all of the work necessary Ea make the Property fully aperatiorsal (an bath sides) within i three years frtrm the date?tereof, than in that evetet Assigner shall be undernu obligation to oegoiiate ff I;.... and enter into a separate agreement which provides for reasonable access to American $ank Plana, but it msy elect so do so at its discretion, and Assignor is free to block the entrance fmmthe skywalk - to American Bank Plaza atxl rent the s ace to ros active tenons; ~ ~ . P P p ~... ~-~ (c)AssigneeshalIhereafterhaldAsaignarhatmlessandaorrpletelyindernnify j .4ssignnr against any claim for damages of any kind brateght against Assignor or its successor in interest arising out of oz related to the Properly. ': ~ - 2 i... i .: I .:: Sent by: ApAAA[3ILL0 GLA66 INC. 713 777 0636; 05!12105 5:47PA9;}elFex #711 ;Page s!7 i 4. Clpon cxacutian of this instrutnext by fhe garties hereto and tFte approve] of the City of Corpus Christi to this Assignment, all of t'[e obligations of Assignor pursuant to the i.ease snail ba terminated. 5. This A~eament tray riaI be tnodi5ed, altered or amended, rsr itS terms waived, exCep[ by an instrument in wtYting signed by the parties kereta. d- This Assignmenrt snail be binding upon and inure to the herefit of Assignor and Assignee, and [heir respective sucscssors acrd assigns, 7. This Agreement may be executed ix lwa or morn cPUnterparts each of which when executed and delivered as prescribed shall constittete drt arieina]. ~' t... I]\ WITNESS WHEREOF, this Assignment and Assumption of Leases has bean: ~: ~: _:':_~:_~;:;:;: ex coated as of the da attd ~ y year first above written. ,; ~ ASSIGNQR: A55IGlY$E: '~'•~~•'~' u+ C4RpL'S ABSET5, L.P. S'trAS[C F_4ryiir.Y 1'ARTNERSIIIP, I.'I'b. •-,- >ay: CQRPiTS PARTtVERS r... ?4IAiYAGEIlHrNT~~ ge»era! partner Sy;~ -~-~~~....-,-..,.- E By: ~ ~ !///LLJ , Toplas RoseuthaF, AresFdcnt ~.-: s !::.:. assignmtJgl lcarpus.Ieaso 3 :..:.~. [~ ~. t ~:. ..... Sent 6y: AftlfADILLU GLASS ZNC. 713 777 0638; THE STATE OP A'EW'itORK ) CaTJ'~T'I'Y GF KINGS } 05/12/05 5:a7PM1E;Jg~~/~7ii;PSge 5!7 Thls insmtnxent was acknowlodged before me dEis dayofMay,?DIS3, by ToinasT2osenthal, the President of Corpus Partners Mariaeement lnc., a Texas carpuratiwr, sstd Creneral Partner of Corpus Assets L.P., 8 Texas limited partnershig, on behalf of said corporation and limited partnership. ypty p~lk. B~+x Y! N.w Yeei. Na ~~ip'r11G 4pp$!Id w Rieb~d ~~ ~~y 2aa7 ~pLIS10L $ylril 7( /i ~~ ~~ Notary Public Tfa.L' STATE OF TEXAS ) CflL'?~ITY 4F j This instrument was acknowledged before me this day of May, ~4ESS, by thePresident ofSvebic Family partnership,l.rd., a Texas corporation, on behatfofsaidi Notary Public ~:::,'. r:..,.: i ~:..: I:.. ~:. ~:... . ~:.-. :: . ~.... ~.. . ~-: ,• - ;f I: . ~.." 4 Sent by: AflA1ACILLO GLASS INC. 713 77,7 0636; LXiiISI'!' "A" THE PREMISk;S 05!12105 5:46PM;J~#711;Pege 6!7 L~ [!),Two {2), Three.(3} aad Fear [~, Block; Tea (IU), HLYIF'~P(3RTIOIV, an additlo>z to the Cis of Corpas Christi Naeces Coaoty,'Texas, acxordiag to plat therea! recorded is V'olame A, ~'a~ls 2-3 of the Map Rewrds of 1Vtte+ees Coaoty, Texas i i:..- ' ::. . :....:. I .:... ,. . s.- ..... i..... ~:... .... _. ~ :.. i::: . ;::.. r.:.. ~:_:.:: I .: I ;. ~. .`. ;. . i~:': C~ Sent by: ARlfA0ILL0 QLASS INC. T13 77.7 0036y 05!72!05 5:48Ph1;-etFU #711;Page 7r7 1s7~IIBLT "$» Ants nne street Skvwalk and „m~crovsment ease I:"-:' j:..:. ' i::. I: i': .' Li. '. ~.. . I. I I.' . i... . I.... . I' I... . I. ~'.. .. ~.. .. i...:. ~ .. I: I...... ~..... I. I: I~• l.~. 1, I.~