HomeMy Public PortalAbout002-1982 - Special - Aviation - Lease - J. A. Reke and SonSPECIAL ORDINANCE NO. 2-1982
AN ORDINANCE AUTHORIZING A14D EMPOWERING THE
BOARD OF AVIATION COMMISSIONERS OF THE CITY
OF RICHMOND, INDIANA, TO ENTER INTO A LEASE
AGREEMENT WITH J.A. REKE & SON, INC., FOR A
PARCEL OF AIRPORT LAND AND CONSTRUCTION OF
A HANGAR THEREON.
WHEREAS, The Board of Aviation Commissioners of the Department
of Aviation, an executive department of the City of
Richmond, Indiana, has resolved by resolution passed
by said Board of Aviation Commissioners, on the 12th
day of January, 1982, by unanimous vote, to enter
into a Lease Agreement with J. A. Reke & Son, Inc.,
an Ohio corporation authorized to do business in the
State of Indiana; and
WHEREAS, that Resolution, together with said Agreement, was
presented to the City Clerk for presentation to Common
Council of the City of Richmond, Indiana and which
documents were presented to said Common Council; and
WHEREAS, it appears to this Common Council that the leasing of
said land and the construction of a hangar would be
beneficial to the City and its residents.
NOW THEREFORE, be it ordained by the Common Council of the City
of Richmond, Indiana as follows:
SECTION 1. It is hereby found that the Richmond
Municipal Airport exists for the public convenience
and necessity for the City of Richmond, Indiana.
SECTION 2. And further it is found that the Agreement
between the Board of Aviation Commissioners of the
Department of Aviation of the City of Richmond, Indiana,
and J.A. Reke & Son, Inc., to lease a certain parcel
of airport land and for the construction of a corpor-
ation hangar at the Richmond Municipal Airport will be
of benefit to the health and general welfare and is in
the best interest of the citizens of the City of
Richmond, Indiana.
SECTION 3. And it is further found that all acts,
conditions, and things required to be performed
precedent to the passing of this Ordinance and the
execution of the Agreement have happened and have been
performed in due time, form, and manner required by
law and do not exceed or violate any law or statutory
limitation.
SECTION 4. That the Agreement approved by the Board
of Aviation Commissioners of Richmond, Indiana, by
resolution of said Board dated the 12th day of
January, 1982, between said Board of Aviation
Commissioners and J.A. Reke & Son, Inc., is hereby
approved and such Agreement shall be incorporated
herein by reference and shall be inserted in the
minutes of the Common Council and kept on file by the
Clerk.
SECTION 5. That the Board of Aviation Commissioners
shall. and are hereby directed to execute such documents
and do such acts as are necessary to complete the
transaction, on behalf of the City of Richmond.
SECTION 6. That the Mayor and Clerk are authorized
and directed to execute the Agreement approved herein,
and such other documents which may be necessary to
complete this transaction. The Mayor and Clerk are
hereby expressly authorized to approve any modifi-
cations or additions to the document constituting the
lease Agreement which take place after the date of
this Ordinance with the review and advise of the City
Attorney; it being the express understanding of this
Common Council that said lease Agreement is in sub-
stantially final form as of the date of this Ordinance.
SECTION 7. This Ordinance shall be in full force and
effect from and after its passage and signing by the
Mayor.
PASSED and ADOPTED by the Common Cou cil of the City of Richmond
Indiana, the_¢_ day of , 1982.
President of the Common Council
ST:
Jo Trimble, City Clerk
PRESENTED to the M or of the City of Richmond, Indiana, this
42 day of , 1982.
City Ocierk
APPROVED by me, Clifford J. Dickman, Mayor of the City of
Richmond, Indiana, this `� day of liv, , 1982.
May
ST:
Jo ramble, City Clerk
AGREEMENT
THIS AGREEMENT, by and between J. A. Reke & Son , Inc.,
an Ohio Corporation, authorized to do business in the State of
Indiana, with its principal office at 9674 Crawfordville-
Campbelltown Road, Rural Route #2, Richmond, Indiana 47374,
hereinafter called Lessee, and the City of Richmond by and
through its Board of Aviation Commissioners with its principal
office at the Richmond Municipal Airport, hereinafter called
Lessor, made and entered into this 10th day of February ,
1982.
W I T N E S S E T H
WHEREAS, Lessor is owner of the Richmond Municipal Airport;
and,
WHEREAS, there was on July 10, 1976 adopted a master plan
for the future development of said Airport, said master plan
indicating the location of future structures to be built on
said airport; a map of said master plan being attached hereto,
called Exhibit "A" hereof and by reference made a part hereof;
and,
WHEREAS, Lessee desires to lease a certain parcel of
ground on said Richmond Municipal Airport, and to construct
thereon a corporate hangar.
NOW, THEREFORE:
In consideration of the mutual promises and covenants made
by the respective parties hereto to each other party it is
mutually agreed as follows:
ARTICLE I
That the Lessor does hereby lease to Lessee and the Lessee
does hereby lease from Lessor that certain parcel of ground
known as Parcel No. 2 on that map included as part of
Exhibit "A" hereof and said parcel being 1/2 acre, or 21,780
sq. ft.
ARTICLE II
TERM:
That the term of this lease shall be for Twenty (20) years
commencing on the first day of that calendar month next
succeeding the day of completion and occupancy of the improve-
ment constructed by Lessee on the herein leased premises, said
commencement day to be not more than one (1) year from the date
of execution hereof.
ARTICLE III
RENT:
1. That the rent of this lease shall be four -and -a -half
cents per square foot ($0.045) per annum during the first five
(5) years of this lease, payable in twelve (12) equal install-
ments of Eighty-one Dollars and Sixty-eight cents ($81.68) each;
beginning the first day of the term of this lease. Rent for
the subsequent three Five (5) year periods will be increased
by an amount equal to one-half (112) of the average percentage
increase in the Cost of Living Index, Chicago Index, during
the lease period of the previous five years.
2. That in the event the Lessee is unable to secure any
permits required by any governmental agency pertaining to the
construction of the building on the herein leased premises
within one year of the date of execution of this agreement,
after said Lessee has made all reasonable efforts to obtain
such permits, this lease then may be declared null and void
and of no effect by either party hereto and no rent shall be
due hereunder.
ARTICLE IV
USE OF PREMISES:
1. That Lessee shall construct on the herein leased
premises a building according to the plans and specifications
attached hereto, called Exhibit "B" and by reference made a
part hereof, said plans and specifications to be approved in
writing by Lessor before construction begins.
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2. That Lessee shall not permit any liens, encumbrances,
or mortgages to attach to said building. In the event any
mortgage, lien or encumbrance is placed or attached to said
building and Lessee shall fail to cause such lien to be removed
within sixty (60) days, the term of this lease shall then
terminate and any and all improvements to said parcel of ground,
specifically aforesaid building; shall be forfeited to Lessor
as liquidated damages for the breach of this covenant.
3. That the Lessee shall use the herein leased premises
only for such purposes as are approved in writing by the Lessor
and such other regulatory public agencies having authority over
the Richmond Municipal Airport.
4. That Lessee may sublet the herein leased premises;
provided however that Lessee shall make no sublease without
prior approval of such sublease in writing from such regulatory
authority as is required for approval of the within lease.
5. It is mutually agreed between the parties hereto that
the purpose of this lease is to permit Lessee to construct, on
airport premises, a corporate hangar in which Lessee shall
hangar aircraft. It is further agreed that Lessee may have in
said corporate hangar a corporate office, restrooms, and storage
space to be used for storage of parts and equipment attendant
to the operation of the corporate hangar, or the operation of
the business of the corporation.
6. That it is mutually understood and agreed by the parties
hereto that the Lessee herein shall be solely responsible and
have the obligation to secure all permits and approvals for the
construction of said building (corporate hangar) and that these
permits and approvals shall be acquired and copies of said
permits and approvals filed with the Board of Aviation Commis-
sioners prior to the start of construction.
7. That in the event Lessee, during the initial term of
this lease or any option term thereof, shall no longer use the
herein leased premises for the hangaring of aircraft, the Lessor
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may require the Lessee to sell the leasehold term remaining
to a person, partnership, or corporation that will use the
leased premises for the hangaring of aircraft as a principal use.
It being mutually agreed that the price for said remaining
term shall include, but not be limited to, the value of the
leasehold improvements at the then current market value, but in
no event at a price less than the then book value of said lease-
hold improvements as carried on the books of Lessee.
8. Provided however that if Lessee shall fail to complete
construction of a corporate hangar within Twelve (12) months of
the execution of this lease agreement this lease shall auto-
matically be then terminated, with all uncompleted improvements
to become property of the Lessor. Fire, Civil strife or Acts
of God, which delay the completion of project would nullify the
above paragraph.
9. No additional improvements or changes may be made in
the leased premises or improvements thereon without written
consent of Lessor at any time during the term of this lease.
10. Lessee agrees to maintain all improvements constructed
by Lessee on the herein demised real estate in original condition,
excepting normal and fair wear and tear on such property. The
Board of Aviation Commissioners reserves the right to inspect,
at any reasonable time, the herein leased premises and improve-
ments thereon, after having first given adequate notice.
11. That title to any and all improvements to the real
estate constructed or placed on the herein leased premises by
Lessee shall become the sole property of Lessor at such time
as the original term of this lease or any renewal thereof
terminates.
12. That the use of the herein leased premises by a sub-
lessee shall be subject to prior approval of the Board of
Aviation Commissioners and such other regulatory agencies
required by law.
13. It is mutually agreed that any improvements placed
on the herein leased premises shall remain property of Lessee
during the entire term of this lease except as herein may be
otherwise provided.
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14. That it is mutually agreed that Lessee may not remove
any improvements from the herein leased premises after they are
made except after prior approval in writing by Lessor.
ARTICLE V
INSURANCE:
1. That Lessee shall cause the building on the leased
premises to be insured against all casualties, during construction,
in an amount sufficient to permit Lessee to complete construction
of said building in event of any casualty.
2. That after construction is completed Lessee shall cause
said building to be insured in an amount commensurate with such
insurance carried by the City of Richmond on buildings owned by
the City of Richmond.
3. That Lessee shall, in the event of such loss as is
insured against in Paragraph No. Two (2) above, cause said
building to be replaced or repaired to that condition as it was
immediately prior to the occurrence of such casualty.
4. That Lessee shall, at all times during the whole term
of this lease, have in effect liability insurance, naming the
Lessor as an additional insured; in an insurance company
acceptable to Lessor in respective amounts as follows:
(a) Bodily Injury -- $100,000 per person
$300,000 per accident
(b) Property Damage-- $100,000 per accident
5. In the event Lessee is permitted, by addendum to this
lease, to perform any aeronautical service at the Richmond
Municipal Airport, Lessee shall cause to be in effect such
insurance as the Board of Aviation Commissioners of the Richmond
Municipal Airport may determine as proper in it's sole discretion
to protect Lessor for any loss or damage or as specified in the
"Minimum Standards" passed and adopted by the Board of Aviation
Commissionersof the City of Richmond, Indiana including any
amendments thereto which from time to time may be made.
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ARTICLE VI
ASSIGNMENT AND TRANSFER:
1. That Lessee may not sell, assign, transfer, or convey
the within Lease to any person, corporation, partnership, trust
or other entity, excepting only if Lessee shall have approval
in writing of Lessor and only after having given Lessor thirty
(30) days prior written notice of Lessee having the intent to
request such written approval.
2. That the shareholders of Lessee, for themselves, their
heirs, successors or assigns, do each covenant that they will
take no action contrary to the meaning and intent of Paragraph
No. 1 of Article VI and that said shareholders of Lessee Corpo-
ration have affixed their hand this o?yr! day of
1982 to this agreement to approve and affirm this covenant. It
is mutually understood and agreed that the signatory shareholders
responsibility is strictly limited to the foregoing provision
of this paragraph, and shall and does not extend nor expand to
include any personal or individual liability for the performance
of the terms of this lease by the designated Lessee, J. A. Reke
& Son, Inc.
3. In the event the shareholders of Lessee Corporation
violate Paragraph No. 1 of Article VI then in that event this
Lease shall be terminated according to Article IX_ Paragraph No. 4.
4. Lessee may sublet a part of the herein leased premises
only upon and after receiving permission in writing, for such
sub leasing from Lessor. Permission for sub leasing will not be
unreasonably withheld by the Lessor
ARTICLE VII
DISCRIMINATION:
1. That the parties mutually agree that 49 CFR Part 21,
Exhibit "C" hereof attached hereto and made a part hereof, shall
be included in its entirety as a term of this contract as
though it were here set out in full.
2. In the event that Lessor approves an agreement authorizing
Lessee to provide any aeronautical service, Lessee agrees to
operate the premises leased for the use and benefit of the public.
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(a) To furnish good, prompt and efficient
services adequate to meet all the
demands for its service at the airport; and
(b) To furnish said service on fair, equal, and
non-discriminatory basis to all users thereof.
3. The Lessee, for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running
with the land, that:
(a) No person on the grounds of race, color,
or national origin shall be excluded from
participation in, denied the benefits of,
or be otherwise subjected to discrimination
in the use of said facilities;
(b) That in the construction of any improvements
on, over, or under such land and the furnish-
ing of services thereon, no person on the
grounds of race, color, or national origin
shall be excluded from participation in,
denied the benefits of, or otherwise be
subjected to discrimination; and,
(c) That the Lessee shall use the premises in
compliance with all other requirements
imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of
Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Depart-
ment of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964,
and as said Regulations may be amended.
4. It is clearly understood by the Lessee that no right or i
privilege has been granted which would operate to prevent any i
person, firm or corporation operating aircraft on the airport !
from performing any services on its own aircraft with its own
regular employees (including but not limited to, maintenance
and repair) that it may choose to perform.
5. It is hereby specifically understood and agreed that
nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right to provide aeronautical
services to the public as prohibited by Section 308 (a) of the
Federal Aviation Act of 1958, as amended, and the Lessor reserves
the right to grant to others the privilege and right of conducting
any one or all activities of an aeronautical nature.
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6. That in the event of breach of any of the above nondis-
crimination covenants, the Board of Aviation Commissioners, shall
have the right to terminate the lease and to re-enter and
repossess said land and the facilities thereon, and hold the same
as if said lease had never been made or issued and title to any
and all improvements on said premises shall then vent in Lessor
in the same manner as if this lease were terminated as provided
in Article IV, Paragraph No. 11.
ARTICLE VIII
RIGHTS RESERVED TO LESSOR:
1. Lessor reserves the right, but shall not be obligated
to Lessee, to maintain and keep in repair the landing area of
the airport and all publicly owned facilities of the airport,
together with the right to direct and control all activities
of Lessee in this regard.
2. During the time of war or national emergency, Lessor
shall have the right to lease the landing area or any part
thereof to the United States Government for military or naval
use, and if such lease is executed, the provisions of this
instrument, insofar as they are inconsistent with the provisions
of the lease to the Government, shall be suspended.
3. Lessor reserves the right to take any action it con-
siders necessary to protect the aerial approaches of the airport
against obstruction, together with the right to prevent Lessee
from erecting, or permitting to be erected, any building or
other structure on or adjacent to the airport which, in this
opinion of the Lessor, would limit theusefulness of the airport
or constitute a hazard to aircraft.
4. This lease shall be subordinate to the provisions of
any existing or future agreement between Lessor and the United
States, relative to the operation or maintenance of the airport,
the execution of which has been or may be required as a condition
precedent to the expenditure of Federal Funds for the develop-
ment of the airport.
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ARTICLE IX
DEFAULT:
1. That the Lessee shall be in default under the terms of
this lease if any of the following events occur, subject to
paragraph five (5) hereinbelow:
(a) Lessee shall fail to pay rent when. due;
(b) Lessee shall fail to keep any covenant
agreed to be performed under this
lease;
(c) Lessee shall not provide the facilities
or services herein set out or in any
addendum hereto; and,
(d) if Lessee shall file a voluntary petition
in bankruptcy, or shall be adjudicated
as bankrupt or insolvent, or shall file
any petition or answer seeking any reorg-
anization, composition, liquidation,
dissolution or similar relief under the
present or future federal bankruptcy act
or any other present or future applicable
federal, state or other statute or law;
or shall seek or consent to or acquiesce
in or fail within ninety (90) days to set
aside the appointment of any trustee,
receiver, or liquidator of Lessee or of
all or any substantial part of its properties
or of demised properties; such event shall be
considered an "event of default".
That if there shall be determined to be an event of default
as specified in "d" above, in addition to this lease being
terminated by such default, all rent then due or which would
become due shall in such event be due and payable at the time
of such default and shall be liquidated damages for the loss of
the bargain and not as a penalty.
2. That upon the Lessee being in default as set out above,
the Lessor shall declare a default of this lease aud- Lessee and
shall give notice of Lessee in writing of such default setting
out in detail the basis of such default.
3. That such notice shall be given to Lessee by Lessor in
writing, by U.S. Certified Mail, and if Lessee shall not correct
such default within thirty (30) days of personal receipt by
Lessee of such notice, the Lessor may in such event, at its
option declare this Lease terminated.
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4. That in the event this lease shall be terminated by
reason of the default the Lessee shall surrender the herein
leased premises and improvements thereon in as good or better
condition as they were prior to said default and if said
premises be not in such condition, the Lessee shall be liable
for such amount of money as is necessary to so replace or repair
said herein leased facilities.
ARTICLE X
UTILITIES:
That Lessee shall provide and pay for all utilities used
on the leased premises at his expense, including that Lessee
shall provide the septic system to be used by Lessee and shall
furnish water to the leased area.
ARTICLE XI
DESTRUCTION OF PREMISES:
1. That Lessee shall be solely responsible for any and
all upkeep and maintenance of the herein leased premises and
any improvements erected thereon, and shall keep and maintain
the herein leased premises and improvements thereon in good
repair in a manner acceptable to the Board of Aviation
Commissioners.
2. In the event of damage, destruction or loss to improve-
ments or facilities herein leased by Lessee, which damage or
loss is not capable of being repaired, replaced, restored or
rebuilt within one hundred eighty (180) days, the Lessee shall
have the option to terminate this agreement by giving written
notice of such intention to terminate within sixty (60) days
after the occurrence of such event, effective as of the date
of the receipt of such notice.
3• In the event of any damage, destruction or loss to
improvements or facilities which are insured as set out in
Article IV, Section 1, the Lessee agrees that it will promptly
use the proceeds of such insurance to replace, restore, or
repair such loss.
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i
I
ARTICLE XII
OPTION:
1. That after said Twenty* (20) years from the date of
execution hereof Lessee shall have the right to lease the
herein demised premises and improvements thereon on such terms
and conditions as the Board of Aviation Commissioners shall,
I
at that time, determine; specifically, lease rate to be deter-
mined by the going rate per square foot of comparable warehouse
space in the Richmond, Indiana area and that the renewal terms
shall be for a term of five (5) years each.
Provided further that if Lessee shall not accept the terms
i
and conditions of such lease, set out by the Board of Aviation
Commissioners, within Thirty (30) days not notice from Lessor
i
that such new lease is to be made, Lessee herein shall waive
its rights set out in Article XII hereof.
ARTICLE XIII
NOTICES:
1. That all notices sent because of any provision of this
lease shall be in writing and sent by U.S. mail, registered,
delivered to addressee only , with a return receipt, and shall
be effective as of the date of receipt as stamped or written on
the return receipt by the postal authority making the delivery.
2. Notices given to Lessor shall be sent to:
Board of Aviation Commissioners
Municipal Building
50 North Fifth Street
Richmond, Indiana 47374
Notices given to Lessee shall be sent to:
J. A. Reke & Son, Inc.
9674 Crawfordville-Campbelltown Road
Rural Route #2
Richmond, Indiana 47374
or addressed to such other place as the parties shall give
written notice.
ARTICLE XIV
MODIFICATION OF AGREEMENT:
This Lease Agreement contains the entire agreement between
the parties hereto. Any modification or addition during the
lease agreement period or any optional extension thereof which
is to be made to any such agreement shall be in writing and
signed by all parties hereto in order for said modification or
addition to become effective.
ARTICLE XV
MISCELLANEOUS PROVISIONS:
1. The Lessor shall have the right to inspect the leased
premises at any time during a week specified by Lessor and time
during that week agreed upon by both parties.
2. The Lessee or Lessor shall have the right to record
this lease.
3. If any provision of this lease shall be declared
invalid or unenforceable, the remainder of the lease shall
continue in full force and effect.
4. It is agreed by and between the parties hereto that
should the FAA cause required changes to be made in any term of
this lease, then thereafter, the parties hereto will sign an
addendum to this lease agreeing to abide by such required
changes actually made by the FAA.
5. That Lessor will construct an entrance drive running
to the leased premises from the present airport access drive
and to Lessee's parking lot, said drive must be paved within
Twenty-four (24) months of the execution of this agreement.
Further new developers will be required to share the cost of
such drive.
6. That the Board of Aviation Commissioners shall remove
snow on the same basis that snow is removed from the runways
and taxiways of the airport from the ramp, and taxiway of
Lessee.
7. That Lessee shall provide a trash container satisfactory
to the Board of Aviation Commissioners and at all times keep the
leased premises neat and clean and free from uncontained trash
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and rubbish in a manner acceptable to the Board of Aviation
Commissioners.
8. That the Lessee agrees that it will not perform any
acts on the herein leased premises which are contrary to the
laws and ordinances of the City of Richmond, State of Indiana
or the United States of America.
9. In the event there shall be gravel from such entrance
drive, it shall be the sole responsibility of Lessee to remove
such gravel from ramps, taxiways and runways.
10. That Lessee shall not permit any paint to be stored
outside in sealed or unsealed drums or other containers.
11. That this indenture of lease is made in conformance
with the "Minimum Standards" passed and adopted by the Board
of Aviation Commissioners of Richmond, Indiana, and no clause,
paragraph or section hereof shall be construed to be in conflict
therewith.
12. That Lessee herein shall have the option, for Five
(5) years from the date of execution hereof, to lease an
additional Twenty One Thousand Seven Hundred Eighty (21,780)
square feet (112 acre) of ground adjacent to the herein leased
premises on terms mutually agreeable.
13. That disputes between Lessor and Lessee will be
mediated by a Board of Arbitration composed of three members:
one selected by the Lessee, one by the Lessor and one by mutual
agreement of Lessee and Lessor.
14. That a survey of leasehold premises will be the
r
responsibility of the City of Richmond, Indiana, with sight
survey attached to lease and made a part hereof.
15. In the evert of any changes of the Master Plan such
are to be accomplished by Lessor.
16. That any taxes that may become due and payable on
improvements constructed by Lessee will be borne by Lessee.
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Assessment to be made in 1983 with first payment due in
May of 1984 and every six months thereafter for original term
of lease.
Executed in duplicate each as an original on the date
first above set forth.
LESSOR:
BOARD OF AVIATION COMMISSIONERS
of the CITY OF RICHMOND, INDIANA
Pr(-,sident
Secret ry y
Member
Member
ATTEST:
APPROVED:
Clrd J Dickman, Mayor
LESSEE:
J. A. REKE & SON, INC.
B esi'ent
ATTEST:
Secre ary
1 ,
BEFORE ME), c undersigned, a Notary Public
in and for th Stat Indi na and County of Wayne, personally
appeared Robert R. Toschlog, Edward Fox, William R. Reitenour,
and William C. Merkin, known to me to be the persons of the Board
of Aviation Commissioners of the City of Richmond, who executed
the foregoing lease and who acknowledged that, they being duly
authorized by ordinance of the Common Council of the City of
Richmond, Indiana, signed said lease for and on behalf of said
Board and City.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal
this _�,?t) day of January, 1982.
My Commission Expires:
Nota Pub]JC
14 -
BEFORE ME Martha L. Clark the undersigned, a Notary
Public in and for the State of Indiana and County of Wayne,
personally appeared Joseph A. Reke, Jr. _
and Diane M. Reke personally known to me to be
the President and Secretary respectively of J. A. Reke & Son,
Inc., an Ohio Corporation, Authorized to do business in the
State of Indiana, who executed the foregoing lease and acknow-
ledged that they, being duly authorized by resolution of the
Board of Directors of said corporation signed said lease for
and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal at_ Richmond, C uptIndiana
this 28th day of January, l9b2y.
My Commission Expires:
,�/ a-, 0,1w«"l
Notary Public
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LAND DESCRIPTION:
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- Sec. 2_-13-/
Being a part of the Southwest Quarter of Section Twenty-six
(26), Township Thirteen (13) North, Range One (1) West in
Boston Township.. Wayne County, Indiana and being more particularly
described as follows;
Beginning at a point in the southwest quarter of said section
twenty six (26), said beginning point being described as
follows; Commencing at the northwest corner of said southwest
uarter and running thence south zero (00) degrees fifteen
15) minutes and five (05) seconds east, along the west line
of said southwest quarter, one thousand four hundred ninety-
one and thirty: -two hundredths (1491.32) feet; thence north
eightynine (89) degrees forty-four (44) minutes and fifty-
five (55) seconds east three hundred ninety-eight and lift -
one hundredths (398.51) feet; thence south thirty-four (34
degrees fifty-six (56) minutes and thirty-five (35) seconds
east one hundred (100.00) feet to the true beginning of
this description, and running thence, from said be inning
point south thirty-four (34) degrees fifty-six (56� minutes
and thirtyor-five (35) seconds east one hundred (100.00) feet;
thence north fiftyffive (55) degrees three (03) minutes
and twenty-five (25) seconds east two hundred seventeen
and eight tenths (217.8) feet; thence north thity-four (34)
degrees fifty-six (56) minutes and thirty-five (35) seconds
west one hundred (100.00) feet; thence south fifty-five (55)
degrees three (03) minutes and twenty-five (25) seconds
west two hundred seventeen and eight tenths (217.8) feet
to the place of beginning, containing an area of fifty hundredths
(0.50) acres.
This is to certify that the above plat and description were
prepared this 15th day of April 1982 from a recent survey
and are correct to the best .o�knowledge and belief. ``���..�������„�,,
�� 7horn�
Philip Morn urg ?�=�,sTERF,G.. •,i
Reg. Surveyor No. 4555 =
* :' No. 4555 : #
i STATE OF '
RESOLUTION
RESOLUTION OF THE BOARD OF AVIATION COMMIS-
SIONERS OF THE CITY OF RICHMOND, INDIANA
WHEREAS, the Board of Aviation Commissioners at a duly
constituted meeting on January 12, 19F2 considered
a proposed Agreement between the Board of Aviation
Commissioners of the City of Richmond, Indiana and
J. A. Reke & Son, Inc., a copy of which is attached
hereto and made a part hereof and marked Exhibit
"A"• and
WHEREAS, after discussion, and upon motion duly made and
seconded the Board of Aviation Commissioners agreed
to the terms of such lease Agreement incorporated
herein.
NOW THEREFORE, be it resolved by the Board of Aviation
Commissioners of the City of Richmond, Indiana:
1. That said Board finds the proposed Agreement
by and between the Board of Aviation Commis-
sioners of the City of Richmond, Indiana and
J. A. Reke & Son, Inc., being Exhibit "A"
hereof will not be detrimental to the health,
safety or welfare of the people of the City
of Richmond, Indiana and that it would be
for the best interest for the people of the
City of Richmond, Indiana if such agreement
were entered into; and
2. That the form and terms of said Agreement as
presented at this meeting is hereby approved;
and
3. That the Secretary of said Board of Aviation
Commissioners shall insert a copy of said
Agreement as approved at this meeting in the
records of the Commission and shall cause
to be presented to the Clerk of the City of
Richmond, Indiana a copy of said Resolution
and Agreement for presentation to the Common
Council of the City of Richmond, Indiana for
its approval.
President
Board of A iation Commissioners
ATTEST:
i
Secret ry