12-14-36 Council Meeting Minutes

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BEND TO SAID CONTRACT BE IT RESOLVED by the Common Council of.the City of South Bend, Indinns: That this body does in all things confirm and approve the action of the Board of Public Works 'under date of the 14th day of December, 1936, in'signing and entering into the following contract with the Studebaker Corporetion, organized under the State.of Delaware, having its principal place of business in the City of South -Bend, State of Indiana, which contrect is in the following words and figures, to -wit: MEMORANDUM OF AGREV?EYT entered into this. 10th day of December -1936, by end between the City of South Bend, a municipal corporation of the State own ia.na, by and through its ,Board of Public Works, (hereinafter referred to as CITY), party of the first pert, and The ,Studebaker Corporation, a corporation organized under the laws of the State of Delaware end !having & principal place of business in the City of South Bend, State of Indiana, (hereinafter referred to as COMPANY), party of the second part. WITNESSETH THAT: WHEREAS, City is the owner of the easterly ten feet (101) of Lot No. 245 and the westerly twenty -one feet (211) of Lot No. 244 in'Daniel Garet's First Addition to South Bend City under and by virtue of the terms of certain deeds executed on the 8th day of July, 1893, recorded in Deed Record 93 on page 24P; and February 6, le94,- recorded'in Deed Record 94 on page 397 in the Recorder's Office in St Joseph-County, Indi�ena, by Studebaker- Brothers Manufacturing. Company, by the terms of which said property was conveyed to the said City upon certain re- strictions and conditions as set forth in said deeds; and WHEREAS City desires to exchenge.said above described property for a piece of roperty. Company 178 and a parcel of land fifteen feet (151) in width owned by puny end described as Lot No. taken off of end: from the entire length of the north side of Lot No. 179, ell as shown on the recorded plet.of Daniel Garet's First Addition to South Bend City, now a. pert of the City of South Bend; end WHEREAS, Company is the succepoor in interest of the said Studebaker Brothers Manufacturing Company and is grilling to make 81&- +exchange of the said property above described upon the follow- ing terms and conditions. NOW, THEREFORE, IT TS AGREED AS FOLLOWS; 1. City agrees to convey to Company.the said above described easterly ten f eet.(10') of Lot No. 245, Pnd the westerly twenty -one feet (21') of Lot No. 244 in Daniel Garst's First Addition to South Bend City by warranty deed, free of all liens and encumbrances, including taxes. 2' consideration of the above_ transfer, Company agrees to deed to City Lot No. l7f� sr_d a, parcel of lend fifteen feet (151) in width taken off of and from and entire length of the North side of Lot No. 179, ell as shown on the recorded plat of Daniel Garet's First Addition to South Bend. City, now s part of the City of South Bend, by warranty deed, free of all. liens and encumbrances, including taxes, but upon:the following terms and conditions: (a) That said property is to be used for the sole use of said City, and for the sole purpose of. and upon condition that it at once proceed to establish, equip and at all times maintain in active service, a Hose House for its Fire Depart - 'ment, for-the purpose as aforementioned, and incase of abandonment on the part of said City of said premises, diversion of use end purpose as aforesaid, or failure to keep said Hose House and maintain equipment therein in active ser- vice as aforesaid, then the title and estate herein granted and conveyed, and the use, occupancy end possession of said premises with the improvements there - .:on shell 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 shell so notify said City iri writing, that the needs of said Company demand the use by it of ell or any part of said demised premises and-Company shell furnish to said City P plot of ground of equal area located within three (3) city clocks of sand demised premises, then said City will, *ithin six (6) months efter notice, re- move 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 shell be free of all expense involved in the performance of this agreement end 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 end appurtenances now located upon said easterly ten feet (101) of Lot No. 245 anal the westerly twenty -one feet (211) 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 respnnsible 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 shell have been authorized by appropriate action of the City Council of said City, Approved by the Mayor, and attested by the City Clerk; that upon approval of this contract, as above set forth, the parties hereto agree to make the above described transfers end deliver possession of the