12-12-11 Council Agenda & Packet

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10. In consideration for the use of the land described in Exhibit "A", and the Option to Lease to other lands described in Exhibit "B", the City shall pay Airport Authority One Dollar ($1.00) per year and further, the City shall allow the Airport Authority to use the Fire Training Center for up to two weeks each calendar year, with the scheduling of those two weeks to be coordinated through the Board established in this Interlocal Agreement. 11. At the end of the term of this Lease or on the election of South Bend to terminate the Lease, South Bend shall remove all structures and return the surface land described in Exhibits"A", and "B" to its approximate state prior to the start of this Agreement. 12. Either party may terminate this Agreement upon three (3) months written notice to the other. In the event the Airport Authority terminates this Agreement at the request or requirement of FAA (whether initiated by the FAA or otherwise), then the Airport Authority and City agree to equally split all reasonable and necessary expenses that are not paid by FAA to relocate/reconstruct a comparable facility. (e.g. If there is a 95% FAA funding, the 5% local match will be split equally by Airport Authority and City). The Airport Authority will not participate in the acquisition of any land for said relocated facility. If the Airport Authority terminates this Agreement, at its sole discretion, then it will be responsible for all of the reasonable and necessary expenses as outlined above. If the City, in its sole discretion, terminates this Agreement, then it will be fully responsible for all of the above expenses. If the Agreement is terminated for any other reason beyond the discretion of the Airport Authority or the City, then they shall equally split all reasonable and necessary expenses as outlined above. "Reasonable and necessary expenses" as used in this section shall mean the City's actual relocation, re-establishment and moving expenses in accordance with the Uniform Federal Relocation Act(42 U.S.C. 4601 et seq) and related regulations for a non-profit organization. 13. Other than Section 10 of this Interlocal Agreement, nothing in this Agreement shall prohibit the City from entering into any agreements with other municipal or private fire departments for the use of its training facility on the land described in Exhibit "A" and, if applicable, any land covered by its Option to Lease. 14. COVENANTS: The Lease between the parties shall contain the following covenants by South Bend: a. Covenant that they are the Leasees of said real estate. b. Promise, covenant and warrant (1) that no man-made structure hereafter be erected thereon to a height above the 50: I Surface and the 7:1 Transitional Surface, and (2) that in the event of breach of this paragraph Second, said Grantor may, at its option, (a) enter upon said parcel and upon such offending man-made structure and demolish and remove as much of said man-made structure as extends above said respective elevations and (b) recover of the Grantees and the builder of such offending structure and their respective assigns, successors, agents, employees, servants or executors and administrators the costs and expenses of correction and attorneys' fees and other costs of suit. 4