HomeMy Public PortalAboutADDENDUM No. 2 to Contract 16-2010 - Airport -ADDENDUM NO. 2
THIS ADDENDUM, (Number 2 to Contract No. 16-2010) is made and entered into this _loth
day of May 2012 by and between Richmond, Indiana, a municipal corporation acting through
its Board of Aviation Commissioners with its office at 5169 State Road 227 South, Richmond, Indiana,
(hereinafter referred to as "City"), and Mikesell Farms, 2129 Stephens Road, New Madison, Ohio, 45346
(hereinafter referred to as "Lessee").
WHEREAS, City and Lessee previously entered into Contract No. 16-2010 as well as
Addendum No. 1 to Contract No. 16-2010; and
WHEREAS, The Federal Aviation Administration (FAA) has determined that approximately
ten (10) acres of the subject Airport Farm Premises current acreage amount,
specifically Sections 11 and 13 as indicated on the aerial photographic farm field
map attached to Contract No. 16-2010, is too close to the Instrument Landing
System (ILS) critical area.
WHEREAS, City wishes to amend the Airport Farm Premises Property Lease known as
Contract No. 16-2010 to allow the reduction of approximately ten (10) acres
from the designated "Airport Property" set forth in Contract No. 16-2010 and to
allow appropriate payment in the amount of $222.00 per acre to be recalculated
to account for the reduction in acreage; and
WHEREAS, City and Lessee additionally wish to extend the term of Contract No. 16-2010
for an additional year as set forth in numbered paragraph 7 of the Contract Lease.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, City and Lessee hereby agree as follows:
The City and Lessee (collectively "Parties") executed and entered into Contract No. 16-
2010, on February 18, 2010. Contract No. 16-2010 is incorporated by reference. The
Parties also executed and entered into Addendum No. 1 to Contract No. 16-2010 on
July 8, 2010, and said Addendum is also incorporated by reference.
2. Both parties hereby agree that Contract No. 16-2010 shall be amended to allow a
reduction of ten (10) acres from the current acreage referred to as the "Farm Premises"
(currently approximately 516.5 acres pursuant to Addendum No. 1) for a new total
acreage of 506.5 acres.
Both parties hereby agree that the annual rental sum originally calculated in Contract
No. 16-2010 shall be re -calculated at Two Hundred Twenty-two Dollars and Zero Cents
($222.00) per acre, at the new total of 506.5 acres ($222.00 per acre x 506.5 acres).
4. Both parties hereby agree that the new annual rental sum under Contract No. 16-2010
shall be the amount of $112,443.00.
Both parties hereby agree that Contract No. 16-2010 shall be amended so that the rent
due on or before November 1st, 2012 shall be fifty (50%) percent of the new annual
rental sum of $112,443.00.
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Both parties hereby agree that all further payments due in 2012 and any additional years
that Contract No. 16-2010 is extended under its terms shall be calculated at the above
rate with the applicable 506.5 acreage and new annual rental amount of $112,443.00.
Both parties hereby agree that the bi-annual payment schedule shall remain the same as
set forth in Contract No. 16-2010.
Both parties agree that the term of the lease shall be extended an additional year pursuant
to numbered paragraph 7 of the original Contract Lease with a final option to renew
remaining.
Both parties hereby agree that with the exception of the extension of the contract term per
the reserved option to renew, and with the exception of the reduction in acreage and re-
calculation of the annual rental amount due as set forth above, Contract No. 16-2010
shall remain intact and unchanged.
IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned
representatives of the City and Lessee this _IOth day of _May , 2012, to be effective in
accordance with its terms as of July , 2012.
"LESSEE"
Mikesell Farms
By: S/S Bruce Mikesell
Date: March 22, 2012
Approved: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date:
The City of Richmond, Indiana by
and through its Board of Aviation
Commissioners
_S/S Darlene Fleming
Darlene Fleming, President
S/S Larry Richards
Larry Richards, Vice President
Eric Holmes, Secretary
S/S Bruce Campbell
Bruce Campbell, Member
Date: May 10, 2012
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