HomeMy WebLinkAboutORD 1987-082 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 87-82
AN ORDINANCE AMENDING ORDINANCE N0. 87-56;
MODIFYING THE SCHEDULE OF PAYMENT OF CERTAIN
INDEBTEDNESS SECURED BY A PLEDGE OF FUTURE AD
VALOREM TP,XES OF THE CITY; P.EAFFIRMING THAT
ORDINANCE N0. 87-56, AS SO AMENDED, REMAINS
IN FORCE; PROVIDING A SEVERABILITY CLAUSE;
�° � DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
��,,� WHEREAS, on March 17, 1987, the City Council approved
Resolution No. 87-17 which authorized the purchase of a 12 . 15
acre tract of land located in the William Dooley Survey,
Tarrant County, Texas and the delivery of a $1,016, 154 . 24 Real
Estate Lien Note (the "Note" ) dated April 9 , 1987 in payment of
a portion of the purchase price thereof; and
WHEREAS, the City Council adopted Ordinance No. 87-56
which pledged future ad valorem taxes to secure payment of the
obligation evidenced by the Note; and
WHEREAS, pursuant to City Council Resolution No. 87-49
the City Manager prepaid $34 , 538 . 82 of the principal balance of
the Note and entered into a Modification and Amendment of Real
Estate Lien Note, dated November 10 , 1987 (the "Modification
Agreement , a copy of which is attached hereto as Exhibit A)
� pursuant to which the remaining indebtedness under the Note was
reduced to $880,000 (a reduction of $101, 615 .42, or ten
percent) , with principal and interest payable in monthly
installments over a period of thirty-six (36) months, as
provided in the Modification Agreement; and
" WHEREAS, the City Council desires to amend Ordinance No .
87-56 to reflect the modification of the schedule of payment of
�,,.� the Note and to reaffirm that Ordinance No . 87-56, as so
amended, remains in full force and effect .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1 . That all the above premises are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety herein.
Section 2 . Exhibit A to Ordinance No. 87-56 is hereby
amended by substituting, in lieu of the previous schedule for
the payment of principal and interest on the Note, the
following:
"An amount of principal and interest
sufficient to service the obligations of the
City under and pursuant to that certain Real
Estate Lien Note, dated April 9, 1987, in
the original principal amount of
e� ,.,
$1 , 016, 154 . 24 , payable to the City to the
order of Dallas Grapevine Assoclates, as
modified and amended by that certain
Modification and Amendment of Real Estate
�� Lien Note, dated November l0, 1987, between
the City and Dallas Grapevine Associates, a
copy of which Modification and Amendment of
Real Estate Lien Note is attached as Exhibit
A to City Ordinance No . 87-82 . "
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Section 3 . Ordinance No. 87-56, as amended hereby,
remains in full force and eff ect .
Section 4 . If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect .
Section 5 . The fact that the present ordinances and
regulations of the City of Grapevine, Texas are inadequate to
properly safeguard the health, safety, morals, peace, and
general welfare of the inhabitants of the City of Grapevine,
Texas, creates an emergency for the immediate preservation of
the public business, property, health, safety, and general
welfare of the public which requires that this ordinance become
effective from and after the date of its passage and it is
` accordingly so ordained.
PASSED AND APPROVED this lst day of � ~��� , 1987 .
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' Mayor, City of Grapevine, Texas
ATTEST:
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City Secret y
"�"'`" [SEAL l
APPROVED AS TO FORM:
City Attorney
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EXHIBIT "A" PAGE 1
TO ORDINANCE NO. 87-82
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Prepared h� thc State Bar of Texas for use by la�yers only. �� � c�. ' �•`•�'- :
Revised IO-85.
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NLDI F I CAT t ON AND AN,ENDI�IENT
��������F REAL ESTATE NOTE AND LIEN
Dacc: November 10, 198?
�«v Notc
Date: Apcil 9, 1987
! Oricinal Amount: �1,016,154.24
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Maker: City of Grapevine, Texas
� Payee: Dallas Grapevine Associates, a Texas partnership
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I� Unpaid Principal and Interest: $880,000 principal, interest paid to date
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Original Date of Maturity: Apr11 9, 1992
' Holder of Note and Lien: Payee, as above Shown
Holder's Mailing Address(including county):
c/o Charles Yang, Yang Properties, 9319 LBJ, �
Suite 218, Dallas, Dallas County, Texas 75243
ObliRor: Naker, as above shown
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Obli�or's MailinQ Address(inc]uding counq•):
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P. O. Box 729, Grapevine, Tarrant County, Texas
Note and Lien Are Described in the Follo���ing Documents, Recorded in:
Deed of Trust, dated April 9, 1989, given by 1��Iaker in favor of Charles C.
I Yang, Trustee, recorded in Volume 8908, Page 1647 of the Deed of Trust
Records of Tarrant County, Texas
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Property(includine any impro��ements)Subject to Lien:
I The property described in the above-referenced Deed of Trust� being a tract
of land located in Tarrant County, Texas, as more particularly described
on Exhibit A attached hereto.
'�S;�iiX��xi�tt��1�t,X:
A'Iodification of Terms: See Addendum attached hereto
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X�c�l�4i�c���c��i�'t�r��►��i����t�.��'il�'iXr��Xrt�i�I��i�s'r�i:At�i��I�iiKt�Y�t�`.
Obligor promises to pa�� ro the order of Holder�f note and Iien.xic��i�i�Xi���Xt����sXls�����Y�I������ItX• the unpaici
rin ip:Jl and interest:�i��X.X���tXs�i'�$r�`ilYius�'ic�.�r�i� of the Note in accordance
�vit� its terms, as modified hereby.
The nc�te and liens continue as��ritten,except as pro�•ided in this instrument.
�'•'hen the c�ntext requires, sin�ular nouns an�i pron�uns include the plural.
?'F��ee/Holder � l�iaker/Obl' or
Dr_:.LAS GRAPEVINE ASSOCIATES CITY O G APEI�ZNE, T '
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By /�C. ,L� C- .. �`.,s� BY. /�/�/�%� ��` ���-�-
Diana�in� Ventureq'/ / ity i Ianager
EXHIBIT "A" PAGE 2
TO ORDINANCE NO. 87-82
Obligor
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; Holder of Note and Lien
I (Acknow{cdglmot)
`°' " STATE OF TEXAS
COUNTY oF D,Cl'L L�4;5
�4,;,� This instrument was acknowledged before me on the � p �ll day of /���jy��,pf-- , 19 ��" ,
by C�ha.r�s �,�� '
� ' � � / iLG�.��_� G'����i,l�.
' Notary Public,State of ti'ex
'� . , '. ' � Notary's name(printed):/�� liU/GLf�/7—C
Notary's commission expires: /. � ,��
. . (Acknowledgment)
STATE OF TEXAS
IICOUNTY OF ��'-���1�
This instrument was acknowledged before me on the ��/ � daY of �1�, , 19 .� 7 , -
by (�e�u.0 ; s G-=. -���c.c;sd�cJ •
L �C �' ��
, , Notary Public,State of Texas
Notary's name(printed):
SNcLLq � DD, ^►OTArZy PUE3L(C
Notary's commission expires: �N �"�O �,� ;1� �,—h��c O;
��_"` MY COMt.1;SS:0iV E;{Plft�S +cXAS
MARCH 17,1988
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
T'his instrument was acknowledged before me on the day of , 19 ,
by ,
of ,
' a corporation,on behalf of said corporation.
Notary Public,State of Texas
Notary's name(printed):
Notary's commission expires:
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
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EXHIBIT "A" PAGE 3
TO ORDINANCE NO. 87-82
ADDENDUM TO MODIFICATION AND AMENDMENT OF
REAL ESTATE NOTE AND LIEN NOTE BETWEEN
DALLAS GRAPEVINE ASSOCIATES
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AND THE CITY OF GRAPEVINE, TEXAS
In consideration of the mutual covenants and agreements
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hereinafter set forth and for $10.00 and other good�� -and
valuable consideration, Maker and Payee hereby agree that the
principal balance of the:,. Note _ is reduced to $880, 000, and the
Place of Payment and Terms of Payment set forth in the Note are
amended as follaws:
� C` Place for Payment: First National Bank of Grapevine
' Grapevine, Texas
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Terms of Payment:
Principal and interest are payable in thirty six (36 )
equai monthly installments of TWENTY-EIGHT THOUSAND EIGHTY-SIX
AND 27/100 DOLLARS ($28,086 .27 ) or more each, on or before the
9th da of every month, beginning December 9, 1987 and
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continuing regularly until final maturity on November 9, 1990
or until the principal and interest have been sooner paid. -
Interest will be calculated on the unpaid principal to the date
of each payment. Payments will be credited first to the
accrued interest and then to reduction of principal . The
initial interest rate will be nine and one-quarter percent (9
1/4�) per annum, and it may change on the 9th day of May, 1988
and on the ninth day of the month every sixth month
� thereafter . Each date on which the interest rate could change
is a "change date . "
Beginning with the first change date, the interest rate
will be based on an index, which is the rate of interest quoted
' in the Wall Street Journal as the closing, or near closing,
', rate of interest offered - for . "Federal Funds° .( i.e. ,.._ reserves
traded among commercial banks for overnight use in amounts of
$1,000,000 or more) .
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The index figure quoted for the last publication date of
the Wall Street Journal preceding each change date is the
"current index. " If the index is no longer quoted or
available, a new index will be chosen by Payee on the basis of
comparable information.
The new interest rate will be calculated by adding two
and one-half (2 1/2 ) percentage points to the current index.
The result of this addition will be rounded to the nearest
one-eighth of one percent (0.125g) . Subject to the limits
stated below, this rounded amount will be the new interest rate
until the next change date.
The amount of the monthly payment that would be
sufficient to repay the unpaid principal at the change date in
full on the maturity date at the new interest rate in
substantially equal monthly payments will be calculated and
will be the new amount of the monthly payment.
The interest note will never be increased on any single
change date to a rate which is more than two (2 ) percentage
� ° points above the highest rate of interest that has been paid
during the preceding twelve months .
�,,,� The interest rate will never be greater than fourteen and
one-quarter (14 1/4) percent.
' Initialed for ldentification
MAKER
C-u-� PAYEE
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Page 1 of 2
TO ORDINANCE NO. 87-82
Tz�� n�w interest �a}�e will become effective on each
��ange date . The �z�� monthly payment will be paid on the first
mon�hi� payme�� aate after the change date until the amount of
t31� �ant:��y payment changes again.
Payee will notify Maker of the new interest rate, new
; monthly- payment amount, and due date b� the first"monthl�y
; payment at least� fifteen <" Y'I5 ) = ' days before the - new monthly
payment is due.
Maker may prepay all or any part of the principal of this
note before maturity without penalty, and interest shall
immediately cease to accrue on any amount so prepaid .
Initialed for ldentification:
�M�
MAKER
PAYEE
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Addendum
Page 2 of 2
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