HomeMy WebLinkAboutC2014-022 - 1/16/2014 - NA CONSENT TO
ASSIGNMENT AND ASSUMPTION OF GROUND LEASE
THIS CONSENT TO ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (the
"Consent") is entered into effective as of • (j , 201_14(the "Effective Date"), by the
City of Corpus Christi,a Texas home-rule municipal co ration("Corpus Christi").
WHEREAS, MDC, Inc. as Lessee and the City of Corpus Christi as Lessor did enter into a
Ground Lease at Corpus Christi International Airport executed by the City on October 21, 1999 pursuant
to City Ordinance Number 023806 for the Premises as described in the attached Exhibit A;which Ground
Lease was as amended by that certain First Amendment to Lease Agreement dated March 28, 2000
(collectively referred to herein as the"Ground Lease"); and
WHEREAS, with the consent of the City said Ground Lease was assigned by Lessee to MDC
CORPUS, LLC, a Kansas limited liability company duly authorized and qualified to do business in the
State of Texas; and
WHEREAS, said MDC CORPUS, LLC has entered into an agreement to sell, assign and convey
all of its right, title and interest in and to said Ground Lease to TCC HOLDINGS, LLC, a Texas
limited liability company; and
WHEREAS, pursuant to the terms of the Ground Lease, it requires the consent of the City
Manager to any assignment of same;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the City, by and through its City Manager, does hereby grant its consent to the
assignment of the Ground Lease by Lessee to TCC HOLDINGS, LLC ("Assignment").
This Consent shall be conditioned upon the written assumption by TCC HOLDINGS,
LLC, and agreement in writing to perform, all obligations of Lessee under the Ground Lease from
and after the date of the Assignment ("Assumption").
MDC CORPUS, LLC shall remain fully liable to the City for all obligations of Lessee accrued or
incurred prior to the date of the Assumption, but shall have no further obligations under said Ground
Lease after the date of the Assignment and Assumption.
IN WITNESS WHEREOF,this Consent is executed the date written below.
Date: f I / Iy City of Corpus - ti
B % ;���
Approved as to form: /I/q/P/ Name: WI. i •
nn Title: CIS'anager
C� Q,k' IJOwiA
Assistant City Attorney
For City Attorney
2014-022
1/16/14
:al Settings\Temporary Internet Files\Content.Outlook\80ONYINFI\airport Consent to Ls Asmt 01.doc
TCC Holdings LLC INDEXED
EXHIBIT A
That certain parcel of land containing approximately 1.911 acres or 82,435 square feet located at
269 Pinson Road, Corpus Christi International Airport, lying and being situated in the City of Corpus
Christi,County of Nueces, State of Texas,being more particularly described as follows:
Being 1.911 acres of land, more or less, out of Block 23 of the J.C. Russell Farm Blocks, recorded in
Volume 3, Page 53, Map Records of Nueces County, Texas, and being part of a 1953.021 acre tract
conveyed to the City of Corpus Christi, said 1953.021 acre tract being out of Blocks 21, 22, 23 and the
Otho Askey Tract of said J. C. Russell Farm Blocks, portions of Lots 6, 7, and 10 of Margaret Kelley
Lands, recorded in Volume 8, Page 40, Map Records of Nueces County, Texas, two tracts recorded in
Volume 841, Page 601, Deed Records of Nueces County, Texas, two tracts recorded in Volume 1710,
Page 541, and Volume 1689, Page 707, Deed Records of Nueces County, Texas, and said 1.911 acre tract
being more particularly described by metes and bounds as follows:
Beginning at a 5/8 inch rod set for the North corner of this tract, said corner bearing S 84 degrees 24
minutes 34 seconds E, 6989.60 feet from the Northwest corner of said 1953.021 acre tract and said
Northwest corner being on the centerline of Buckholt Road and bearing S 88 degrees 28 minutes 26
seconds W,29.98 feet,from a found 5/8 inch iron rod;
Thence S 45 degrees 00 minutes 09 seconds E and running 67.00 feet perpendicularly Southwest of and
parallel from the centerline of John Pinson Drive,227.00 feet,to a set 5/8 inch iron rod for the East corner
of this tract;
Thence S 44 degrees 59 minutes 51 seconds W, 337.00 feet,to a set 5/8 inch iron rod for the South corner
of this tract;
Thence N 45 degrees 00 minutes 09 seconds W, 157.00 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence S 44 degrees 59 minutes 51 seconds W, 35.00 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence S 59 degrees 01 minutes 57 seconds W, 41.23 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence S 44 degrees 59 minutes 51 seconds W, 206.80 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 45 degrees 00 minutes 09 seconds W, 20.00 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 44 degrees 59 minutes 51 seconds E, 206.80 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 30 degrees 57 minutes 37 seconds E, 41.23 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 44 degrees 59 minutes 51 seconds E, 35.00 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 45 degrees 00 minutes 09 seconds W, 30.00 feet, to a set 5/8 inch iron rod for a corner of this
tract;
Thence N 44 degrees 59 minutes 51 seconds E 337.00 feet,to the point of beginning and containing 1.911
acres of land,more or less.
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