HomeMy WebLinkAbout06/25/1928 Board of Public Works Minutes126
Yonday, June 25th., T928.
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The Board met i.n special session3 at 7 P. I% Ill members
present. Ttaayor C. R. Ylontgomery and City Attorney I. S.Romig present, Leo R. Cleman
C.` L. Snyder, 7.A. Redmer and Paul Schwertley, representatives of the St. Joseph
'Talley Aviation diu.b were also present.
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The Board signed the fol owing agreement with the St. 9oseph
Valley Aviation Club for a temporary Municipal lir Port:
A GR EE7TEN T. �.
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This indenture made in the City of South Bend, County of St. j.
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Joseph, Sta- e of Indiana, by and between the Municipal City of South Bend, Indiana,
by and through its Board of Public "orks, party of the first part, and the St.. Joseph
'galley Aviation Club, Inc. , of said city, party of the second part,
17IT_ SSETH: That,
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WHI ERMS, said first party is desirious of securing at least
a temporary municipal air port for said city; and
?AS, said second party has an Air Port situate approximatel
six miles {6} northeasterly from said city, located mpon said premises by said second
j party from one lilliam H. Matthews, which premises are described as follows, to -wit:
ii The southeast Quarter (+) and the East Half (2) of the South
west Quarter (I) all in Section Fifteen (I5). Township Thirty-'i
eight (38) North, Rarge Three (3) Fast, in mot. Joseph County,;
Ind is na
and
�M ,_ EA.S, said second party desired to assist said city in its
desire to locate and establish a Municipal Air Port and to that end has proffered the
II assignement of said lease, a copy of which is here attached, marked 4xhibit "A", and
hereby made a part of this agreement.
NOW THIS 71ITNESSETH, that for and in consideration of the
premises and of the agreements of the -Darties hereto as hereinbelow set out, the staid
parties do contract and agree as follows, to -wit:
The said second party has and does hereby assigned unto said
I� first party all it's right, title and interest in and to said lease and the premises
described herei# and the appurtenances attached thereto subject, however, to the '
reservations hereinafter contakned. It does also hereby assign unto said first party 2
all its interest in and to the power line and in and to its option contract with the
Westinghouse Electric and Manufacturing Company of. South Bend, Indiana for lighting
{ equipment, all in accordance with the detailed plans and specifications furnished
by said Westinghouse .Electric and %nufacutring Company and now in )ossession of said
first party.
Said first pa rty shall have the exclusive right to sell )gasoline
oils, -parts and accessories upon said premises and to control all concessions as to
{i restaurant, confectionary and soft drink sales which may be deemed necessary and
proper for the said premises, including the highways abutting thereon and to receive
all rentals in the event such concessions are sub -let to other parties.
Said first party shall have the right to receive hanger fees
and ;ground gretal from ship ovmers using the same, save and except as hereinafter
reserved bythe second party.
As further consideration for said transfer said first party
shall reimburse to said second party of the seven Hundred Dollars (700.00) rental
paid by said second party to the Lessor of said premises the s&am of Four Hundred and
Thirty-three Dollars and Thirty-four cents (433.3-4) which is the proportionate part
of the rental for said premi ses for the .year ending March Ist. , I929. Said first
party shall pay all rentals for said premises as the same become due and payable
according to the terms of said lease for and during the life of this agreement and
shall keep, do and perform the obligations in said lease contained for the Lessee to
do and perform.
The said second party reserves the right, however, to use said
premises for the Turposes set forthe in the Club's Cha.rter,which use shall not be an
exclusive - use but a use only to the extent necessary for -it to fun6tion according to y
said Charter mur•oos es.
Said second party also reserves the right to carry passengers foxhire, to give instructions to students on aviation subjects and to receive compensation
thereof and Lt also revserves the right to collect all receipts frr passenger hauling
for pleasure or sight seeing which may be done by other ships than its own on Saturdays',
Sundays and holidays during the termsof said lease, but in no event, however, shall
second party charge other•ships more than twenty-rereent (20%) of their gross receipts
from said passenger carrying. This reservation shall not apply to charges made by
other ships far journeys which require more than twenty (W) minutes to make.
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Said second party retains for its own use the two (2) compart-
ment ship hanger now ,on said premises and reserves the right to erect and construct '1
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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Monday June 25th. , 1928.
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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.
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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
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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."
Yonday, June 25th., 1928.
between- Wm. I1.
second party.
L E A S E.
Tnis indenture, made this I5th. , -day of February, I928, by and
Yatthews first party, and St. Joseph Talley Aviation Club, Inc.,
WITN'ESSETH: That the first Tarty for and in consideration of the covenants and
agreements hereinafter mentioned to be kept and performed by the second party, has
this day demised and leased to the said second -arty the following described real
estate located in St. Joseph County, Indiana, to -wit:
The South East quarter of Section fifteen, township thirty eigh
N.R.3east. Also the east half of the south west quarter of
Section fifteen, twonship thirty-eight, N. R. 3 east, to be
occupied as and for landing field or air port and club house
purposes and all other purposes necessary or incidental there
to, to have and to hold same unto the second party from the first day of March 1928
until the 28th. , day of February 1930 and the said second party in consideration of
said demise covenants and agrees with the said first party as follows:
FIRST:- To pay as rent for the said premises the total sum of 1,500.00 payable as
follows, to -wit:
300.00 to be paid when lease is signed
1800.00
400.00 June Ist. , I928.
on the fist day of March I929.
8ECOND:- The said second party agrees that it has examined the premises and accepted
said p-emi ses in their present condition and repair.
T74IRD: - The said second party agrees to repaift all windows in the dwelling house
located in the said premises and to keep the same in good repair during the life of
this lease.
FOURTH:- It is agreed by and between the parties hereto that the said second party
may use all buildings on said premises other than the dwelling house for hangers and
may make such alterations, changes and repairs as the said second -arty deem necessary,
for its own purposes. Party of the second part agrees to pay increase in taxes caused'
by the impoovements made by party of second` past. The said second party further
agrees to keep said building other than the dwelling house in a state of repair as
good as the said buildings are now.
j! And further agrees that all improvements made on said buildings
are to be left for the said first party herein.
The said second pa rt furhter
_ y a green to keep the fences in.,a
state of repair as good as it finds said fences at the execution- of thi s lease. 'he
said second party further agrees to keep the premises mowed and the fence rows mowed
according to the laws governing such premises.
It is especially understood and agreed by and between the pa,rtieg
her -to that the said first party hereby extends to the second party an option to
renew this lease for a further -eriod of three years from the date of its expiration
provided the said second u� rty notifiet the said first party cf its option to renew
said lease -in writing at least ninety days before the expiration of this lease,,
Said notification to be mailed to the address of the said first -arty.
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All terms of this lease are to remain and govern the parti es
for the new term excepting the amount of rent to be paid by the second- party to the
first Tarty.
It being agreed by and between the -parties at this time that
the rent for the new terms is to be as follows:
$900.00 payable Ist., of 71areh I930.
I000.00 payable Ist. , of :arch I93I.
I000.00 payable Ist. , of March I932.
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It is further especially understood by and between the parties
hereto, that the said first rarty hereby extends to the said second Tarty an option
to purchase said premises herein demised for a consideration equal to a price per
acre that the said surrounding property is worth at the time the option is exercised
by the said second party it being the intention of the Tarties hereto that the said
purchase price is to be x=zkx#x A price equal to the Tnarket price of surrounding land
,i used for agricultural purposes. The terms of said sale to be at lease I0% of the tots
purchase price to be paid at the rime th= option is exercised. Deferred payments to
bear interest at the rate of 7% and to be at lease I% of the balance unpaid per month.
It being understood rhat the said second -party herein may elect
to purchase said premises at anytime during the life of this lease or during the
l! extended term If the said second party so elects to extend this lease.
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It is further understood and agreed by and between the parties
hereto that in case said -fir ern.ises shall be rendered untentable for any reason what -
Leven the said second party may at its optio7j terminate this leas or cause the said
first party to make said premises tentable within a reasonable time and continue-
said lease.
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Tv�onday June 25th. , 1928. 129
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It 'a s further understood and agreed by and between the parties that
the said second party herein is not to pay any taxes, assessments or charge of any
kind on said premises, not is the said second party to be charged with any insurance
on -said premises. -
In witness whereof, :the said parties hereto have set their hands
and seals this I5th. , day of February, 1928.
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signed `FT.m. H. TJatthews
TTary ' Matthews
ST. JOSFrH VALLITY AVIATI")N CLUB, INC.
BY Leo B. Clemens, Pres,
Walter Redmer, Treas.
C. L. Snvder', Secy."
T'eeting adjourned at 8-30 -P. T%
Attested:
le o the Board