06/25/1928 Board of Public Works Minutes

Home Browse Search

Monday June 25th. , 1928. 127 for their individual ships, or by other corporations whose stockholders are now members of the said second party. Such other hangers, however, shall be constructed along designs either furnished or approved by said first party and shall be located �{ at such places or place as said first rarty may, designate, all of which hangers !so. placed and reserved, the owners thereof may remove, at their option on or before the expiration of their rights on said rremis,es. Said second party shall also paittthe present hanger on said premises and retained by it. ' Said second party also reserves the ri -,ht to hold not to exceed two • (2) air meets or circuses within a single year on and from said premises, but it shall reimburse the said first party for all extra expenses which saki first party may be to by reason of such air meet or et.rcus. .t • It is understood that Vae said lease terminates at ;latest on February 28th. , 1933 and the rights of said second party shall c°ease on said February 28th. , 1933, even if said first party further continues the use of said premises as a Municipal Air Port or exercises its right under the option contained in said lease to purchase and pgrehases the same. The said second party reserves the right to use a pp�rt of the Club louse for meetings of its Club Members or Directors not exceeding, however, two meetings a week and also reserves the right for space in the dwelling on said premises for the stori4g and keeping of its books and records. In the event said first party d6sires to discontinue said premises as as Air Port within the period of the term of said lease, then it shall re -assign to said second party at sec and party's option, a U of its interest in and to said lease and allow said second party to purchase such equipment and appurtenances at its optionn the prices therefor to be appraised price qs established by appraisors appoint by the Circuit Court, but not to exceed the cost thereof to the City. It is understood that said second party shall have the right to purchase gasoline for use in the second party!;s own ships by paying to said first party the cost of such gasoline to said city. This, however, shall not apply to ships owned by members of the said Club. It is understood and agreed that said second party shall keep first party free from all damages and claims which might arise by reason of accidents caused by the said second party in the use of its ships. It is also agreed that said second party shall at all times give Air Mail ships preference upon said premises and that the field shall be sufficiently clear to furnish ample room for any and all Air Mail ships at any and all times they may desire to use said r, remises. It is further understood that all use of said premises by said second party shall be gccording to the rules of the Department of Commerce and that no ship shall be used upon said premises by said second party, or any of its members, which has not beend duly licensed by the said Department of Commerce and no pilot shall conduct any of such ships- for the purpose of carrying passengers unless such pilot has also been duly licensed. It Is also under stoo f that said first party reserves the right, as provided by Statute of the State of Indiana, to cageel this contract at the end of any year and to cancel its further obligations under the lease by a to -transfer of said lease any time at its option to said second party. The said second party shall bave a motor for the measuring of the • Electricity which it or its members may use and it shall pay for all such electricity either diredt to the persons or party furnishing the same or to the said first �a rty if the said first -zs. rty pay the same and all such payments shall be made as and when due to the party or copporation furnishing the same. It is understood that in the event said first party secures a new location for a Municipal Air Port before the expiration of the same lease and said second party declines to accept a re -assignment of said lease, then said second party shall Oahe the same rights and rrivileges to said new port as are reserved to it in this agreement in the premises hereinabove described for a period of time equal to the time still unused of the present lease at the time of such abandonment by said first party. This agreement and the assignment of said lease shall be authorized on the party of said second party by a majority of its stockholders and shall not be binding upon said first party until ratified by the Common Council of said City of South Bend, Indiana. In witness whereof the parties hereto do hereunto set their hands and seals this 25th. , day of June, I928. Yuni ci pal City of South B end , Indiana. By 71. R . Hinkle, John J. Ole jniezak, _ Ralph 11. Kuss Its Board of P-1blic Vlokrs Party of the first part h St. Joseph Valley Aviation Club, Inc. By Leo L. Clemens, C. L. Snyder N. A. Redmer, Party of the second part."