ORDER N0.28572 Assignment of Real Estate Lease and Agreement to Texas Arts and Craft Fair Foundation Came to be heard this the 22°d day of March 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 3-0-0 to approve the assignment of Real Estate Lease and Agreement that is a SBA requirement for a loan to the Texas Arts and Craft Fair Foundation and authorize the County Judge to sign. r ~ ...- COMMISSIONERS' COURT AGENDA REQUEST ~ ~ , ~ Z' PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: Coun Ju e MEETING DATE: March 22, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Assignment of Real Estate Lease and Agreement that is a SBA requirement for a loan to Texas Arts and Craft Fair Foundation and authorize County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: County Jud e/Craig Leslie 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. CRAIG L. LESLIE ATTORNEY AT LAW 829-B ~VIAIN KERRVILLE, TEXAS 78028 FAX (8301 896-3535 March 9, 2004 TELEPHONE (8301 896-2350 Judge Pat Tinley Kerr County Courthouse Kerrville, Texas 78028 HAND DELIVERED Dear Judge Tinley: Re: Assignment of Real Estate Lease and Agreement I am enclosing the referenced document for your review. This form is an SBA requirement for a loan for the construction of the improvements that are going in on the leased premises. I am also delivering a copy of this to David Motley for his review. Because the date of the fair is approaching, time has become a real factor. Please call me if you have any questions. Very truly yours, CRA CLL/ps enc. cc: Mr. David Motley, County Attorney ps109/txac. l MAIL ANY NO'I'~C$ OF 15EF'AUL7"TO: U.S. SMALL BUSINESS ADMINISTRATION 2120 Riverfront Drive, Ste. 100 Little Rock, Arkansas, 72202 WHEN RECORDED MAIL TO: U.S. SMALL BUSINESS ADMINISTRATION 14925 Kingsport Road Fort Worth, Texas 76155-2243 (817)868-2300 Texas Arts & Crafts Educational Foundation # il4?$-02Atlb Loan 1~4. DLB 5724740-01 o~~s~ vQt.13 4 8 ~a~0 4 0 S ~{ f~iL~~~~ R Rk CORDS ASR 15 2004 PIEPER lark Coun ntut, Ke G only, Texas !l 7~~,~ty SPACE ABOVE 7H15 LINE FOR RECORDER'S t3SE ASSIGNMENT 4F REAL ESTATE LEASE AND AGREEMENT This assignment of lease and agreement made and entered into by and between Texas Arts & Crafts Educational Foundation, Inc. (Lessee) (hereinafter called "Borrower"); and Kerr County Texas (hereinafter called "Lessor"); and the SMALL BUSINESS ADMNSLSTRAT[ON (hereinafter called "Assignee"): Witnesseth: WHEREAS, Borrower has heretofore leased from Lessor certain real property by lease dated November 12.2002 , and recorded on )anuarv 19.2004 and filed of record in Book 1328 at Page(s) 0401-0409 ,Instrument No. 00481 , of the Official Records of Kerr County, Texas , for a term of Fortv {40) Years > and described as follows: Described in Exhibit "A" attached hereto and made a part hereof. AND, Whereas, Assignee has authorized the making of a loan to Borrower in the amount of $59.800.00 due and payable on or before Member 27, 2032 . AND, Whereas, such loan is for the benefit of bath Borrower and Lessor, in that loan funds are to be used for the benefit of the Business conducted on the teased pretttises: 7.18 acres on State Hi¢hway 27, Kerrville. Texas 7$028 NOW, Therefore, for and in consideration of the premises and of disbursement of said loan or any part thereof. Borrower, with the consent of Lessor, hereby assigns, transfers, and conveys unto Assignee the lease above described, 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. A. Borrower and Lessor further Covenant and Agree: 1. Borrower is not now in default in the performance of the [ease; and Borrower and Lessor wilt tech perform the covenants and conditions required of him by said lease for the term of said loan and any extensions, substitutions, or renewals of it; 2. Except as otherwise herein permitted, Bortnwer and Lessor will not, alone or by agreement between them, modify or terminate said lease without consent of Assignee; 3. in the event of default by Borrower tinder the terms of the lease, Lessor shall have the right to terminate said lase in accordance with its terms, provided however, Lessor shall first give Assignee 60 days written notice of such default and the right, at the option of Assignee, during such period, to cone such default; and during such period. Lessor will take tto action to enforce its claim arising from such default without Assignee's consent. 4. In the event of any default by Borrower in the performance of any of the obligations of his note to Assignce evidencing the aforesaid loan, any renewal, substitution, or extension thereof, or any other agreement made in connection therewith, including his agreement herein, then, Assignee, at its option, may without notice using such force as may be necessary, enter said leased premises and do any one or more of the following: ~~~ Page 1 OR~61NAr ~~- ~- vo~.134~0409 t ; ,~ ~ +;~a.~ ~ ~'R~nove all property of Borrower therefrom that is hypothecated 85 collateral for its aforementioned loan; t .~ . b. Sell the property referred to in Paragraph 4a oa said premises; c. Transfer and assign said lease and Borrower's rights therein to parties satisfactory to Assignee and Lessor, and upon Assignment, the obligations of said lease shall be binding on said transferee. In the event Assignee shall only ttndertake the options provided in Paragraphs 4a or 4b, it shall have no obligation other than payment of rent accruing during the period of its possession of the premises. In the event Assignee shall make transfer of said lease as provided in Paragraph 4c, Assignee will cure all defaults in said lease, and its sole other obligation shall be the payment of rent which accrued prior to the transfer of said lease. 5. None of the property required to be hypothecated as collateral for the aforesaid loan constitutes fixtures or real proP~Y B. Lessor agrees to, and does hereby subordinate any lien it may now or hereinafter have on the property of Borrower, that is now or hereafter, security for the aforesaid loan, to Assignee's lien or liens on said property and to Assignee's rights herein. C. Lessor hereby rept?esents and warrants that title to said leased premises is held by it in fee simple and that it has full power and authority to enter into this agreement. D. This agreement shall be binding upon and inure to the benefit of the personal representatives, successors and assigns of the parties hereto. Witness err hands and seals this day of , 20 LESSEE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Nancy R. Baker. President and Dawn Wright. Secretary known to me to be tht person(s) and officer(s) whose name(s) are subscribed to the foregoing insuttment and acknowledged to me that the Barrie was the act of the said Texas Arts & Crafts Educational Foundation. ]nc., a corporation, and that they executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. Texas Arts & Crafts Educational Foundation, Inc. Nancy R. Baker, Pr~ident Dawn right, Secretary G N UNDER MY FiAN AND SEAL OF OFFICE, TH15 DAY OF r: , 20U~A.D. f otary Pub for County, State of Texas My Commission Expires: \~ Craig L Leslie _ ~"tt.NSgry Pueac.SUte d Ttxas ~J ; wc..~.~+ ~o.,,~ t>ECENtBt3i 12.2004 Page 2 Texas Arts & Crafts Educational Foundation 3428-02006 / DLB 57247740-01 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in d for said t~unty and State, on this day personally appeared ~- e known to the to be the person(s) and officer(s) whose s) are subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Kerr County Texas a corporation, and that they ezecatted the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER M HAI~p AND SEAL OF OFFICE. THIS /~>~ DAY OF s, / , 20U~/ A.D. Notary Pu for County, State of Texas My Commission Expires: /+~ ~w~ Gang L Leslie 1~~+~ ~q~y p,~pu~.Snte ni iew t i 4y ca.r..~r~p.a 1„~.~' DECBaBER 12, 2004 Raiwrr IMnn Mtitb IMYi~t tN JW. tMYal v w d 9r drttr7bW 0~ wry 0~ tl wla a na it ~M~/tl aM urniw~weM urges FrdMnl LJn THE SGTE OF TEXAS COUNTY OF XFRR ~ w.or ~k un r:..wnr~wK ws FILEO ~ rN w. Huml.r s4o~~ atitrNr werMr inr a.nw.eh.rm air ad w.. aulr NEt~ROED ti ~ o/f6r Footle Ream d Rat Praprq W KNr Ca++Ar. Tar m APR 1 6 2004 Y,a~+~ ~~ ~~~ COUNTY CLERK, KEflfi COUNTY, TEXAS uot.1348Pn~E0410 LESSOR Kerr County Texas Bv:~"~- ~ ~~ v~o! _ ! ?~ ~ ~ ~ HECORDINC3 DATE APR 1 6 2004 d~~ ~ ~ ~-~ ~.~. COUNTY CLERIC, fCBIR COUI+RY, TEXAS Page 3 uo~.13480411 Name: Texas Arts & Cr$~s Educational Foundation Control No. / Lnan No: 3428-02006 / Dl6 5724774d-01 EXHIBIT. 'A' 8eit~ ag o[ t ozhtla ecaat a paroel of and oornalnicrE 7.l E aa~ mono or las, aa+t of OriEirnl Pt+bsat Surveys la iCAer Coraty. Taw r l6Sanss: ltetva7- No. Eerrei- Abstract Na Aces lie T.N. Mlrtoor ~ 4A7 1 i 1 Stan Wsifaoe y.19 3.11 prt of a oottala 116 sae trail ootveyed 8vm the Uelted 3airs ~ Aosetioa Oo tba Tbces Hill t5oealcY Dawippareat Fouadatintt, lqe, ~hy a Wacraogr Deed eaooorued tiro 30'~ day of AuEuet, 1963 and accorded in Vokw 98 at Pale SEi of the Dead RAOOrds of 1C+ecr tom, 7 suae~ cord bales tocr~ particalnl~r described 47- tastes acrd borrrrds as 1iDlba~ B80WNWCi at a taroo oorAapost is the socdlnnest ~~~ gee of 9wx Hi~ray N0. 27 Mrae it itderseors the toRhsAtR Ilse a[ said 116 eon trace acct soralreast lice of a oarble 6.1i ace trail oerw~ayed from tLe IJriwd 8d6ea a!' Arnseica b 4e /itstiercat l,eg~on by a Deed exeaned tl-e 29' day of OcLoba. 1930 sail rocorded 1e Vokare y2 at Paps 6l2 of tbe'Dsod Reea'do of 1Ceet abr. Texas for die enrilt corner of the 6et+eit desai4ied lsarfi Pam burl. approociarabs~y 296 R S.1T44'W. and . 62 Q S.S2"33'W. Hasa a aortber~y ooerrec of 116 tae traoti T{tBrK33, epos, ovor acrd across saW 116 t~crn trac! rrldr Urn aid aoWltrr~t riaK-of~way Cmo of 9lslc Ni~way No. 2'1 S+4E" 3l'ST'L, 778.7E R to t i4` hoer stake see for the east ooetret attire herein deoa~ed >r~ '~K:li, ebatieKdtt6 pPw• over and aa+ass raid i 16 tore tcaoC S/ti'~t'p3"W., 204.ts t!. to a K" kat stake set for m essnet~- e...aet of ilia lree+ela desscribod trace; N.4E"3 i'3T'W., 94.?31t. b a lf" iran stake act fat a roentratrt onwr of die lrardrr datcelbed tract; •trd S.W!SE'OS"W.. 33i.f6 it. b a K" iron stabs set la e6e rrordreast r~ltt~frway gee of RlvetsWa Dove. a onratly read for ilia soadr coe*sc o[tlra lreeela desaibed >taet: Tlii?~1CZ, oorrtirrel~ npor+r ova acct across scud 116 aa+e tract erilh me rrortlreat rim-o~+r4- [iua d Rlv~aslde Drives N27"?~d0"W~ 30Q.16 !t, oo t set 16" iron seals;1i31"OE'S3"W~ 3E711E g. to a sd K" aoa arakr trail N.37"IOOQ'W.. E3.3S tti b a tooce aotaapoet is the aorttr~-eA gas of i { 6 sae tray fa the v~ eoetKr of the boreia dasorlbed tract acrd soudr porter d saW 6.3s ease i~ T1lBllp:, aWoj t tear wim tht cowrat tine betwoen said 1 lb cad 6 3E sae trade N.32'3399"8, 307!2 S. b io R.ACB OF BBe7ihQiWCi. RECORDER'S 1gTE AT TIME OF REOOROATION INSTRl1MENT Fi'~i1lID TO BE INIIDEQItATE FOR BEST vFtoTOOAAPFUC REPRODUCTION DUE TO THE DEPTH 6 DAAIQ+~SS OF PRNT.OOLOR OF PRNrT OR NK, BAd((iflOUND OF PAPER, LLEGBILfTY, CARBON OR PHOTO DOPY ETC.