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126
<br />Yonday, June 25th., T928.
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<br />The Board met i.n special session3 at 7 P. I% Ill members
<br />present. Ttaayor C. R. Ylontgomery and City Attorney I. S.Romig present, Leo R. Cleman
<br />C.` L. Snyder, 7.A. Redmer and Paul Schwertley, representatives of the St. Joseph
<br />'Talley Aviation diu.b were also present.
<br />I
<br />The Board signed the fol owing agreement with the St. 9oseph
<br />Valley Aviation Club for a temporary Municipal lir Port:
<br />A GR EE7TEN T. �.
<br />'sl
<br />This indenture made in the City of South Bend, County of St. j.
<br />i
<br />Joseph, Sta- e of Indiana, by and between the Municipal City of South Bend, Indiana,
<br />by and through its Board of Public "orks, party of the first part, and the St.. Joseph
<br />'galley Aviation Club, Inc. , of said city, party of the second part,
<br />17IT_ SSETH: That,
<br />:I
<br />WHI ERMS, said first party is desirious of securing at least
<br />a temporary municipal air port for said city; and
<br />?AS, said second party has an Air Port situate approximatel
<br />six miles {6} northeasterly from said city, located mpon said premises by said second
<br />j party from one lilliam H. Matthews, which premises are described as follows, to -wit:
<br />ii The southeast Quarter (+) and the East Half (2) of the South
<br />west Quarter (I) all in Section Fifteen (I5). Township Thirty-'i
<br />eight (38) North, Rarge Three (3) Fast, in mot. Joseph County,;
<br />Ind is na
<br />and
<br />�M ,_ EA.S, said second party desired to assist said city in its
<br />desire to locate and establish a Municipal Air Port and to that end has proffered the
<br />II assignement of said lease, a copy of which is here attached, marked 4xhibit "A", and
<br />hereby made a part of this agreement.
<br />NOW THIS 71ITNESSETH, that for and in consideration of the
<br />premises and of the agreements of the -Darties hereto as hereinbelow set out, the staid
<br />parties do contract and agree as follows, to -wit:
<br />The said second party has and does hereby assigned unto said
<br />I� first party all it's right, title and interest in and to said lease and the premises
<br />described herei# and the appurtenances attached thereto subject, however, to the '
<br />reservations hereinafter contakned. It does also hereby assign unto said first party 2
<br />all its interest in and to the power line and in and to its option contract with the
<br />Westinghouse Electric and Manufacturing Company of. South Bend, Indiana for lighting
<br />{ equipment, all in accordance with the detailed plans and specifications furnished
<br />by said Westinghouse .Electric and %nufacutring Company and now in )ossession of said
<br />first party.
<br />Said first pa rty shall have the exclusive right to sell )gasoline
<br />oils, -parts and accessories upon said premises and to control all concessions as to
<br />{i restaurant, confectionary and soft drink sales which may be deemed necessary and
<br />proper for the said premises, including the highways abutting thereon and to receive
<br />all rentals in the event such concessions are sub -let to other parties.
<br />Said first party shall have the right to receive hanger fees
<br />and ;ground gretal from ship ovmers using the same, save and except as hereinafter
<br />reserved bythe second party.
<br />As further consideration for said transfer said first party
<br />shall reimburse to said second party of the seven Hundred Dollars (700.00) rental
<br />paid by said second party to the Lessor of said premises the s&am of Four Hundred and
<br />Thirty-three Dollars and Thirty-four cents (433.3-4) which is the proportionate part
<br />of the rental for said premi ses for the .year ending March Ist. , I929. Said first
<br />party shall pay all rentals for said premises as the same become due and payable
<br />according to the terms of said lease for and during the life of this agreement and
<br />shall keep, do and perform the obligations in said lease contained for the Lessee to
<br />do and perform.
<br />The said second party reserves the right, however, to use said
<br />premises for the Turposes set forthe in the Club's Cha.rter,which use shall not be an
<br />exclusive - use but a use only to the extent necessary for -it to fun6tion according to y
<br />said Charter mur•oos es.
<br />Said second party also reserves the right to carry passengers foxhire, to give instructions to students on aviation subjects and to receive compensation
<br />thereof and Lt also revserves the right to collect all receipts frr passenger hauling
<br />for pleasure or sight seeing which may be done by other ships than its own on Saturdays',
<br />Sundays and holidays during the termsof said lease, but in no event, however, shall
<br />second party charge other•ships more than twenty-rereent (20%) of their gross receipts
<br />from said passenger carrying. This reservation shall not apply to charges made by
<br />other ships far journeys which require more than twenty (W) minutes to make.
<br />F
<br />Said second party retains for its own use the two (2) compart-
<br />ment ship hanger now ,on said premises and reserves the right to erect and construct '1
<br />other hangers. which m' t be us ed by the Clpb f or its s jips $ or by present Club Members j
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