10-24-77 Council Meeting Minutes

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REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) option, upon ninety (90) days advance notice, to terminate this entire lease without further obligation. 14. Limitation on Lease Execution. Lessors authorization for its officers to execute this -lease has been given upon the express condition that the approval of the same by the Common Council of the CIty of South Bend must occur no later than October 31, 1977, and failure to ap- prove the same as aforesaid shall release Lessor from any and all obligations in relation theret 15. Notices. Any demand, notice or request shall be sufficient if deposited in the United States Mail, postage prepaid, registered or certified, and addressed to Lessor at 1814 American National Bank Building, South Bend, Indiana 46601, or the Lessee to the attention of the Presider of the Common Council and the South Bend City Attorney at the County -City Building, South Bend, Indiana 46601, or at such other address as Lessor or Lessee may, from time to time specify by like notice. Any such notice shall be deemed to have been given on the date on which the same is deposited in the United States Mail. 16. Successors or Assigns. All covenants and provisions of this Lease shall be binding upon and shall insure to the benefit of the sucessors and assigns of the respective parties hereto. 17. Construction of Covenants. Lessor consists of two corporations as follows: Clay Utilities, Inc., being a public utility holding an indeterminate permit and having the power to lease such utility facilities to Lessee under the provisions of Burns Indiana Statues Annotated Code edition I.C. 1971, 19 -3 -11.5 as added by Acts 1975, P.L. 214, is a wholly owned subsidiary of Lessor Clay Development Corp. All provisions herein contained shall be construed in accordanc with the provisions of said Act and to the extent of inconsistencies, if any, between the covenar and agreements in this Lease and the provisions of said Act, the provisions of said Act shall be deemed to be controlling and binding upon Lessor and Lessee. 18. Severability. If any provision of this lease, or its application to any circumstance, is held invalid, the invalidity does not affect other provisions that can be given effect withou the invalid provision or application. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf the day and year first hereinabove written. CLAY UTILITIES, INC. ATTEST: BY Homer W. Fitterling, President and Director Maxine 0. Fitterling, Secretary and Director CLAY DEVELOPMENT CORP. ATTEST: BY Homer W. Fitterling Maxine 0. Fitterling, Secretary and Director CITY OF SOUTH BEND, INDIANA ATTEST: BY Peter J. Nemeth Its Mayor Irene Gammon, City Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA BY Thomas J. Brunner, Jr. ATTEST: BY Peter H. Mullen Patricia DeClercq BY Clerk Patrick M. McMahon BOARD OF WATER WORKS COMMISSIONERS BY Patrick M. McMahon ATTEST: BY Thomas J. Brunner, Jr. Jeanne Wilcox, Secretary BY Peter H. Mullen Approved as to form and Legality: BY Thomas J. Brunner, Jr., City Attorney Approved by Common Council of the City of Soptp Bend On the day of BY - _ Ro e rent, Presi g Officer 1977.