12/14/1936 Board of Public Works Minutes

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keep said Hose House and maintain equipment therein in active service as aforesaid, then the title and estate herein granted and conveyed, and the use, occupancy and possession of said premises with the improvements thereon shall immediately determine and cease as to said City and -shall revert to and belong to said Company. (b) That if said Company shall at any time determine, and shall so notify said City in writing, that the needs of said Company demand the use by it of all or any part of said demised premises and Company shall furnish to said City a plot of ground of equal area located within three (3) city blocks of said demised premises, then said City will, within six (6) months after notice, remove its equipment from the building located upon the said above described premises and 'install the same in a building to be erected by it, at its own cost, upon the premises so furnished by Company, and in such event the above described premises with the buildings and appurtenances at that time thereon shall revert to and belong to said Company, and City agrees to reconvey the same to Company by proper warranty deed. It is mutually agreed as follows: (1) That Company shall be free of all expense involved in the performance of this, agreement and in the 'transfer of said property, it being understood that City accepts the above described premises in their present condition and assumes all cost and expense necessary for reconstructing the premises for its use; (2) that the building and appurtenances now located upon said easterly ten feet (lot) of Lot No. 245 and the westerly twenty-one feet (2111) of Lot No. 244 of Daniel Garst's First Addition to South Bend City, shall be surrendered to Company in its present condition, except that City shall be entitled to remove any and all of its equipment; (3) that City agrees to be responsible for and agrees to reimburse Company for United States stamp tax required to be affixed to either or both of said deeds; (4) that the terms and conditions of this agreement shall not be binding upon either party until the same shall have been authorized by appropriate action of the City Council of said City, approved by the Mayor, and attested by the City Clerk; (5) that upon approval of this contract, as above set forth, the parties hereto agree to make the above described transfers and deliver possession of the properties within thirty (30) days from the date of such approval; (6) that this contract and all the terms and conditions thereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the City of South Bend, Indiana, has hereunto caused this instrument to be signed by its Board of Public Works, attested by its Clerk, and its common seal to be affixed; and The Studebaker.Corporation has caused this instrument to be signed in its name by its Chairman of the Board , attested by its Secretary, and its corporate seal to be attached on the day and year first above written. ATTEST: George 0. Thurn Clerk ATTEST: A. G. Rump Secretary CITY OF SOUTH BEND, INDI.ANA BY ITS BOA-RD OF PUBLIC WORKS Frederick J. Anderson Edwin W. Hunter Fred Woodward THE STUDEBAKER CORPORATION By H. S. Vance Chairman of the Board WHEREAS, the above contract was submitted for approval to the City Council of South Bend, Indiana; and WHEREAS, a resolution was submitted, seconded and duly passed, wherein the execution of said contract was approved at a regular meeting of the said Council on the 14th day of December 1936; and 0 0 • •