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HomeMy WebLinkAboutApproving a Lease Agreement Between City of South Bend Board of Aviation Commissioners and Bendix Aviation CorporationORDINANCE No. Passed by the Common Council of the City of South Bend, Attest: City Clerk. I Attes -President of Common Council. Presented by me to the Mayor of the City of South Bend, `f Z�6 193 .. Approved and signed by me / °�� ' �✓ ! T -- City Clerk ORDINANCE NO. c 0 0 9 B�DIY-A IATION CORP RATION. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. The lease agreement, a copy of which is attached hereto and which has been executed by the Board of Aviation Commissioners of the City of South Bend, Indiana, and the Bendix Aviation Corporation as of September 26, 1932, be and the same is hereby approved, and that the City of South Bend through its Board of Aviation Commissioners is hereby authorized to lease, for aviation purposes, the real estate described in the copy of said lease, the form of which is attached hereto, for the term of three years as set forth therein. SECTION 2. This ordinanee4il be in fall force and effect from and after its adoption. (lQ P X AA �v 1. K �49I3I3��3 1 ° // em er or e Common ounce . n L E A S E This lease made and entered into this 4 day of September, 1932, by and between the BENDI% AVIATION CORPORA- TION, hereinafter called Lessor, and the CITY OF SOUTH BEND by its Board of Aviation Commissioners, hereinafter called Lessee, WITNESSETH That the Lessor, for and in consideration of the covenants and the agreements hereinafter set forth to be kept and performed by the Lessee, has demised and leased to the Lessee the following described real estate and the im- provements thereon, situated in St. Joseph County, State of Indiana, to -wit: The Northwest Quarter (NWI) of Section Thirty -three (33), Town- ship Thirty -eight (38) North, Range Two (2) East. The Northeast Quarter (NEI) of Section Thirty -two (32), Township Thirty -eight (38) North, Range Two (2) East. All that part of the Northwest Quarter (NWj) of the Southeast Quarter (SEI) of said Section Thirty -two (32), which lies North of Lincoln Way West, formerly the Michigan Road. All that part of the Southwest Quarter (SWI-) of said Section Thirty -tyro (32), lying North of Lincoln Way West, formerly the Michigan Road. All that part of the East Half of the Northwest Quarter (NWQ) of said Section Thirty -two (32), lying North of Lincoln Way lest, formerly the Michigan Road, and Eat of Nasturtium Road excepting from said last described tract a parcel bounded by ,a -line running as follows: Beginning at the intersection of the center line of said Nasturtium Road and the South line of the Northeast Quarter (NEI) of the Northwest Quarter (NWg) of said Section Thirty -two (32); thence East on said South line to a point Five Hundred Thirty -one and Sixty -five Hundredths (531.65 feet East of the Southwest cor- ner of saidkNortheast Quarter (NEI) of the Northwest Quarter NW4 ) of said Section Thirty -two (32); ,thence North One Hundred Siaiy- five (165) feet; thence West to the center of the said Nasturtium Road; thence Southerly along the center line of said Nasturtium Road to the place of beginning. which property is to be occupied by the Lessee for the purpose of establishing, constructing, improving, equipping, maintaining, con- trolling, leasing and regulating a mu"Acipal airport, landing field and other navigation facilities, for the use of aeroplanes and other Graf tsy and- such qthe; purposes as-, by _law permitted, :the, tS' 7�oo th A laws, of, governing, munigipal, tft,, am _3a2,t._,p#et G�� AND gQ SOLD the A_jq,� e, ILOS'pq gr® �and, ,tUM 1kqgksqp-.j, in- QppksiAeTatijon, of the.;: agr"ment; iiereiffi set,_ -- forth- ;;,;does covenant and agree with the Lessor to pay as rent for said premises the1- ,4W, q f _Pp#zT qusagd.,,,( W -,- • annum during %the :2.te.32M . payable in. advance,: 94 thpthe.. e each first 'day- ©f NoVemW.-_GfAYear,-9* - and the; Lessee,,.. as a: part of-, the -.agrees to.pay_the takes f years 1932, :1983 pd. 1954 payable in, t e, yeam 1933; 1934 and,, 1-9351 . It is PurtlA*r Agreed bu and, between_ the. parties, that ­dur'A& the Aw► ;ofI.,,,,wa,,lfps4o,,,,,-the,,Lessor..,. its, successors. an d.- 4rater. relAted - e -commercial°transporta- A Qmpaniw, but not, for. the ,-tion. of �p s or freight.* shall have free access to and � 1. spas of I ­­ Ed t -ope,:herein, , .vo , described ,for taking-off,and - landing aeroplanes:; -tad the passengers therein,, subject,, how- ever, to q,t #e esto#44odi rules and regulations: of the. Lessee and its Do Ika rtqgnt : of-, A lt.,ip further agreed- between the parties that., at the termination og-,e -this lease :_;by Upsp�,,Qf tim the Lessee .may.:re- : w plaqed.thereon .by, 'I ly agreed byiauC between the parties that any structures plaCed on adjaco*.t,-prpperty",by.Lostot,, its sue- c"Sets, or as sig-ns, shall be of-, tt"..444 l9ca- with the uso✓of the above described property for aviation purposes. -2- It is further agreed between the parties for themselves, their successors, assigns, employees, agents and patrons that the Lessee, whether as lessee or owner, shall not be held liable in damages for injury to the property, agents, employees or pa- trons of the Lessor while using said field, except fir its gross negligence. It is further agreed by and between the parties that in case said real estate shall be rendered unfit for aviation pur- poses by causes beyond the control of the Lessee, the said Les- see may, at its election, terminate this lease at the expiration of the then rental year and upon its giving not less than thirty (30) dayst notice of its intention to so terminate its lease. It is further agreed that the Lessor may not sell or dispose of said property or any interest therein, excepting by its making said sale, or disposal thereof, subject to the terms of this agreement. This agreement is binding upon the successors and as- signs of the parties. This agreement is not to become effective until the same is approved by ordinance of the Common Council of the City of South Bend, as by law provided. IN WITNESS WHEREOF, the parties hereto have caused their corporate names and seals to be legally affixed as of this day and date first above written. ATTEST': cretaryy B END V� AV;A7YOJYJCORPORATION SOUTH sident CITY OF BEND by Board of •e Commissioners STATE OF INDIANA SS ST. JOSEPH COUNTY i jp �� Before me, the undersigned, a Notary Public, in and for said county, personally appeared Walter J. Buettner and Henry A. Gos -seer, personally known to me to be the Vice President and Sec- retary respectively of the Bendix Aviation Corporation, who acknow- ledged the execution of the above and foregoing lease and thtt the same was done in accordance with authority vested in them. IN WITNESS WHEREOF, I havq hereunto set my hand and notarial seal thisX. t. �''Wdma 41 My Commission Expires: