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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. - 2 - 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 - 3 - 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. - 4 - 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. - 5 - 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. - 6 - (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. - 7 - 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. - 8 - 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. - 9 - 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. - 10 - 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 - 12 - 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. - 13 - 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 - 15 - EXHTBIT "A" stay' S1 13 �- 2674. 8� ' Goj�perweld /`/1an�n�Enf J(or-FF�wc^st CornHr I'1 Scud-�wes-I- Quar-l-er. V Sic. .Za - T /3 t. - R. I W Directions $ased on True North as dP�l-e rniined C Pp'2--e1.4 Monur erri- Scu-✓-F�was-f' Qu¢rter Sac. .26 i. 13 N. - R. 1 W. LAND DESCRIPTION: N.E. 'fo r. S. W- i4 , r - 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