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HomeMy Public PortalAbout106-1978 - Authorization of the Aviation Board to Terminate a leaseORDINANCE NO. 106-1978 AN ORDINANCE OF THE CITY OF RICHMOND, INDIANA, AUTHORIZING AND EMPOWERING ITS BOARD OF AVIATION COMMISSIONERS TO TERMINATE A LEASE BY WAY OF CONCESSION OF AIRCRAFT STRIP PREMISES: FOR THE FINANCING OF COST OF SAID TERMINATION, AND OTHER MATTERS RELATING THERETO. WHEREAS, the Department of Aviation through its Board of Aviation Commissioners, City of Richmond, Indiana, adopted a resolution October 12th , 1978, approving an Agreement for the termination of a Lease with Sky Tech, Incorporated and approving the payment of the sum of Ninety Thousand Dollars ($90,000.00) to Sky Tech, Incorporated, the purchasing of an inventory of personal property of Sky Tech, Incorporated by the assumption of the unpaid principal balance of a certain Promissory Note due and owing by Sky Tech, Incorporated to The Second National Bank of Richmond, Richmond, Indiana, and the employment of Eugene R. Smith, President of Sky Tech, Incorporated for a period of up to five (5) years, all as contained in said Agreement. WHEREAS, said Resolution together with said Agreement was presented to the Clerk for presentation to Common Council of the City of Richmond and was so presented; now therefore, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana. SECTION 1. It is hereby found that the Agreement with Sky Tech, Incorporated for the termination of said Lease, and the employment of Eugene R. Smith will be of benefit to the health and welfare of the City of Richmond and is deemed to be in the best interests of the City. SECTION 2. The Agreement approved by the Board of Aviation Commissioners 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 3. The Department of Aviation through its Board of Aviation Commissioners will issue its Promissory Note in the amount of Seventy Thousand Dollars ($70,000.00), as provided in said Agreement, as one of the considerations for the termination of said Lease. The President and Secretary of the Board of Aviation Commissioners are authorized and directed to execute the said Agreement, Note, Note Assumption and Release which are attached to said Agreement and any other documents which may be necessary or desirable to complete the transaction. SECTION 4. The Mayor and Clerk are authorized and directed to execute the Agreement approved herein on behalf of the City of Richmond and any other documents which may be necessary or desirable to complete the transaction. SECTION S. That all acts, conditions and things required to effect and be performed in the execution of the Agreement, the Note, and Note Assumption, and Release do exceed, have happened and have been performed in due time, form and manner required by law; and that the issuance and delivery of the Agreement, the Note, Note Assumption and Release, together with all other obligations of the City of Richmond, do not exceed or violate any law or statutory limitation. SECTION 6. The provisions of this Ordinance and the Agreement, Note Assumption, Note and Release shall constitute a binding contract between the City of Richmond and Sky Tech, Incorporated and this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of Sky Tech, Incorporated, its successors or assigns, or the holders of said Promissory Note so long as the obligation under said Agreement and Note remains unpaid. SECTION 7. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ADOPTED by the Common Council of the City of Richmond, Indiana, this �A day of78. Yes ent o ommon Council ATTEST:. Qe�_ City e - - 2 - PRESENTED to the Mayor of the City of Richmond, Indiana, this day of 1978. City Merk APPROVED by me, Clifford J. Diclo=, Mayor of the City of Richmond, Indiana, this S-� day of November, 1978. ,yam G` M�tyb r ATTEST : t-u — -City Clerk - 3 - OF RlCtia� October 24, 1978 Richmond Common Council Municipal Building Richmond, Indiana 47374 Dear Councilmen: HO.ANI) OF' 1"k nlnund \luniclp l) Alrlo)ll I � I.•1�nun' : A!, , ! , S'a , - 'I; ttli'IIVU\i>. I\I)I.AAA .1 i11 The Board of Aviation Commissioners, as you have been made aware, has been negotiating through their counsel to terminate a long term lease of Sky Tech, Inc. for the facilities at the Richmond Municipal Airport and replace it with a short term lease which will utilize new aggressive personnel to assist the Board of Aviation Commissioners in achieving their goal of making the Richmond Municipal Airport the gateway to Richmond, Indiana. It is the intent of the Board to create and maintain the Richmond Municipal Airport as a true service facility that will be useful to industry as well as the citizenry as a whole. We sincerely believe that the Ordinanceswhich we have tendered to you this date are effective steps toward that result. Attached are the following: 1. A Resolution of the Board of Aviation Commissioners recommending the adoption of an ordinance approving an Agreement with Sky Tech, Inc., copies of all are enclosed. 2. A Resolution of the Board of Richmond Aviation Commissioners recommend- ing approval by the ordinance and agreement with Richmond Aviation Cor- poration, copies of all are enclosed. It may not be readily apparent, however, the Board wishes to assure that this transaction does not involve tax funds for its completion. Any money appropriated, now or in the future, to carry out this agreement will not require any outside funds not included in this transaction. Yours very truly, R�bert�'E f �Sr"ooks, President Board of Aviation Commissioners of Richmond, Indiana R!'.S01.UF10N Ol: TIR: BOAU OF AVINNON C(MMI';`ifW4,C; DGi'ARTM w OP AVIATIm cri'Y ov RIC mwn. 1NmAm WI-if:!U'AS, The Board oC Aviation Conmiissioners held a special meeting, called by tho IYosident, Robert I , lWooks, with due notice ;;iveir :arid received by e;tci, and every commissioner, at 6:00 o'clock P.M. the 12th day of October, 1978, at the Richmond Nlinicipal Airport, Richmond, Indiana. The Co.7mission members were present or absent as follows: Present: Robert E. Brooks, Eugene Stegall, Robert Toschlog, Bernard N. Cole Absent: None l'JHfi!ZEAS, The President, with the meeting duly called to order, considered a proposed Agreement between the City of Richmond by its Board of. Aviation Com- missioners and Sky Tech, incorporated regarding the termination of the Lease between the City of Richmond by its Board of Aviation Commissioners and Sky Tech, Incorporated dated June 24, 1959, as amended, and which agreement was negotiated between the members of the Board, its counsel and Sky Tech, incorporated over a period of the past several months, and a copy of which is attached hereto and by reference made a part hereof, and, WHEREAS, The President submitted to members of the Board a copy of the proposed Agreement with Exhibits 1 through 6, and, WHEREAS, The Board of Aviation Commissioners heard ail members as to whether the Agreement should be executed; and, WHEREAS, After discussion and upon motion duly made by L'uzene Stegall and seconded by Robert Toschlog , the Board of Aviation Commissioners voted: -4- ayes and -0- nays, to adopt the following resolution. BE IT RESOLVED, by the Board of Aviation Commissioners of the Department of Aviation of the City of Richmond, Indiana, that: Section 1. It finds that the proposed Agreement terminating the Lease between the City and Sky Tech, Incorporated will be of benefit to the health or welfare of the City of. Richmond and its citizens; that it would be for the best interest of the City if such Lease were terminated and if such Agreement were executed. Section 2. The form of the Agreement, together with the form of Note and Release, and proposed form of Ordinance to be passed by the Common Council, presented to this meeting are hereby approved. Section 3. The Secretary shall initial and then insert a copy of the forms of documents approved by this meeting in the records of this Commission. Section 4. The President and the Secretary of the Board of Aviation Commissioners arc authorized and directed to execute the Agreement vote, ;Vote assu:iption and Release approved herein and any other documents which may be necessary or desirable to complete the transaction on behalf of the City of Richmond by its Board of Aviation Coi-wissioners. Section 5. A copy of this resolution, the proposed form of Ordinance and any other documents approved by this resolution shall be presented by the President of the Board of Aviation Commissioners to the Ccrmmon Council of the City of Richmond, Indiana. Approv Secre ry PresidentL_ - 2 - AGREEMENT AGREEMENT made by and between the CITY OF RICHMOND, a municipal corporation of the State of Indiana, hereinafter referred to as "City", by its BOARD OF AVIATION COMMISSIONERS, and SKY TECII, INCORPORATED, hereinafter referred to as "Company", and HUCENI; R. SHITH, hereinafter referred to as "Smith". W 1 T N I? S S E T 11 : WHEREAS, the City and the Company have heretofore entered into a certain Agreement entitled, Lease By Way of Concession of Aircraft Strip Premises, dated January 24, 1959, which said lease was amended by a certain Supplemental Lease By Way of Concession of Aircraft Strip Premises, dated April. 29, 1959, which said documents are hereby referred to as "Lease", and, WHEREAS, the term of the Lease was for a period of thirty (30) years commencing on .January 1, 1959, together with the rip,ht or option of the Company to extend the Lease for an additional period of ten (10) years after the expiration of the original term upon the same terms and conditions, and, WHEREAS, the Company has operated as a Fixed Base Operator under said Lease at the Airport continuously since .January 24, 1959; and tinder the terms and conditions of such Lease caused to he constructed and erected upon the leased property a hanger with shop and office space of approx hnatel.y Twelve Thousand (12,000) square feet, and, WIIEREAS, Smith Is tho President and sole stuckhnlder ul the Cnmpnny, and since the executioil of lhc, Lease has been thi. Ind ivldunl :;(d(-Iy responsible for the day -to -clay operation of the Company's fixed base operation at the Richmond Municipal Airport; that Smith has personally involved himself in every phase of the Company's responsibilities under such Lease and has become identified as the. "operator" of the leased facilities, and, WHEREAS, the City is desirous of terminating such Lease with the Company in order to be able to exercise more control over the conduct and operation of the Airport and to be better able to plan for its growth and development; but City is desirous of maintaining the services of Smith for a pvrlod of up to five (5) years after the terminatlon of the Lease In order to nssure a quccesslul tran.sillon of the Fixed Based Operation from the Company to a successor I'lxvd Base Operator; and, WHEREAS, the Company is willing to enter into an Agreement for the termination of such Lease, upon the following terms and conditions which shall include provisions for the utilization of the services of Smith for a period of at least five (S) years. NOW, THEREFORE, in consideration of the mutual covenants, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Company agrees to cancel and terminate the lease with the City, and the City agrees to accept the cancellation and termination of such lease upon the following terms and conditions: i. The City shall pay to Company, its successors or assigns, the sum of Ninety Thousand Dollars ($90,000.00) as follows: (a) The sum of Twenty Thousand Dollars ($20,000.00) cash upon the execution of this Agreement and the approval of the terms hereof by the Common Council of the City of Richmond, Indiana, hereinafter referred to as "Council". However, it is understood and agreed that If the Council shall fail to pass :an ordinnncc• ;authorizing and empowering the execution of tlilt: Agreement by the Board of Aviation Commissioners on or before Dvicer.aher S, 1918, this Agreement shall be null and void :and of no further force and effect and such Lease shall remain in full force and effect for the remainder of the term of such Lease and any renewal thereof. (b) The City shall pay to the Company, its successors or assigns, the balance of Seventy Thousand Dollars ($70,000.00) at such times and in such amounts, as reflected in the schedule attached hereto, made a part hereof, and marked "Schedule 1". The sum of -2- Seventy Thousand Dollars ($70,000.00) shall be evidenced by a Promtssory Note executed by the Board ul AviaLlon Cnmmissfonors in Ihc Ill luclprll "illonnl of `;(-Vcnly '1'bnlul:nld Dollaln (".40,000.00), ,i copy of which is attached hereto, made a part hereof and marked "Schedule 2". ii. The City shall assume and agree to pay the unpaid balance of that certain Promissory Note dated December 12, 1975, in the principal amount of Thirty-five Thousand Dollars ($35,000.00) executed by the Company and co -signed by Smith and his wife, individually, and payable to The Second Nattonal. Bank of Richmond, Richmond, Indiana, It is the understanding and agreement of the parties that the obligation evidenced by such Note is an obligation of the Company (hereinafter referred to as "Note of Company"). The unpaid balance of principal due on said Note of Company on August 1, 1976 is Twenty-three Thousand One Hundred Sixty- seven Dollars and Seventy-six Cents ($23,167.76). It is the understanding and agreement of the parties hereto that the City will either pay the balance of the Note of Company in full at the Time of Closing or the City will execute an assumption of such Note of Company and The Second National Bank of Richmond will consent to such assumption and agree Lo release the Company, Smith ,uld Ills wife- I ram :tny I lnbi i ity under -inch Note of Company. iii. The Company shall retain all of its accounts receivable and cash at the Time of Closing. The Company will be liable for all of its accounts payable, and agrees that all such accounts will be paid in full at the Time of Closing; and further agrees to save and hold harmless the City, its successors and assigns, from any and all liability which may occur from such accounts payable. iv. The City, its successors or assigns, will purchase from the Company, its successors or assigns, all of the Company's inventory of aviation fuel at the Company's cost plus Three Cents ($0.03) per gallon which it has paid the City for all aviation fuel purchased; the City will purchase all fuel oil at the Company's cost. -3- V. The Company agrees to assign, transfer and convey to the City all of its right, title and interest in and to the equipment, machinery, tools and personal property which is attached hereto, made a part hereof and marked "Schedule 3", free and clear of all liens and encumbrances. The Company assigns to the City all of its right, title and interest in and to the following leased equipment, subject to the terms and conditions of the lease between the owner and the Company and subject to all obligations pertaining thereto, a copy of which is attached hereto, made a part hereof and marked "Schedule 4". Also attached hereto and made a part hereof is a schedule of items owned by others than the Company and of which the Company has no interest whatsoever, which schedule is attached hereto, made a part hereof and marked "Schedule 5". vi. All rents, utilities and insurance shall be prorated at the Time of Closing. vii. Recognizing that Smith is the princLpal of the Company, the. Individual who has hecn responsible for the day-to-day operation of the business for the past twenty years, and the individual whose service shall be required for up to the next five (5) years in order to assure a successful transition of the operation to the City or to a new Fixed Base Operator to be designated by the City, the City, as additional consideration to induce the Company and its sole stockholder to terminate such Lease; agrees to pay to Smith the sum of Sixty-six Thousand Dollars ($66,000.00) for services to be rendered hereunder, payable Thirteen Thousand Two Hundred Dollars ($13aOT 00) each year in "" a] weekly Installments and such other considerations ns Iwrclual[(,*r I)rovIdod: (a) The City shrill provide or guise to he provided a com- prehensive medical and hospital Lnsurance policy, similar to the coverage which is now provided by the Company for Smith and his wife, and, (1) That Smith will be employed as an employeeofthe Fixed Base Operation and shall be subject to the orders and directions of the Board of Aviation Commissioners or of a fixed base operator, who shall be selected by the City in lieu of the Company and during such period of employment, Smith shall conduct himself so as to maintain and enhance the goodwill of the Fixed Base Operation, and shall at all times conduct himself In all dealings with suppllcrs, customers and others ualnh such facility are It ho worm Iht. operator of the facility. (a) The period of such employment shall be five (5) years commencing on the date that City shall acquire possession of the leased premises, and such employment will not terminate except on Smith's death or in the event that he becomes totally incapacitated or in the event of his discharge for proper cause only. Provided, however, Smith may Corminate such employment at any time after the first anniversary of the cancollation of the• Lease, by giving to the City, fourteen (14) days' wriLten notice of his intent to cease such relationship with the City or its successors or assigns. On termination of such employment, all compensation and benefits provided in this Section vii shall cease. (2) It is agreed that Smith shall provide his services to the City on the following basis: (a) Nine (9) hours per day, five (5) days per week from Monday through Friday. All hours worked in excess of forty-five (45) hours per week shall be reimbursed pursuant to applicable wage and hour statutes. (b) Two (2) weeks' vacation each year 'with pay. During each employment year, after six (6) months of employment, the vacation can be taken. (c) Seven (7) holidays with pay, to -wit: New Year's Day, Easter, Memorial Day, July 4th, Christmas, Labor Day and Thanksgiving I)ay. (d) Seven (7) sick days with pay each year of employment. If sick days are not taken during any year of employment, they will be lost and will not be cumulative for any succeeding year of employment. (3) For the above. consideration, Smith agrees that at no time after above defined relationship shall terminate, will he i:: an employee, (dIIcer or director ur Iutrincr nl any Ilan ur entity compete with nay of the act lvitles provided by a Ilxed base operator anywhere within a radius of one hundred (100) miles of the City of Richmond, Indiana, for a period of five (5) years after termination of such relationship with the City, its successors or assigns. 2. The Company and Smith, jointly and severally, warrant and agree that until the Time of Closing it will conduct the business of a fixed base operator only in Its regular and ordinary course; that it will use its hest efforts, pending such closing, to maintain the goodwill of the Company and Its relations with Its supulicrs, customers, and others having dealings with It, the same as if the Lease was not to be terminated, and will use its best efforts to maintain the present value of its good will and business. 3. It is understood and agreed that this Agreement may be assigned in whole or in part to a new Fixed Base Operator, however, no assignment shall relieve the City from primary liability for any of its obligations hereunder; and in the event of any such assignment, the City shall continue to remain primarily Ilable for the payment of all moneys specified in Paragraphs I(I) and I(vll) hereof and for the performance and ohsorvance of the other covenants, representntlons and al,,reement on ii part herein provided to be performed and observed by It to the same extent: as though no assignment had been made. The assignee shall assume the obligations of the City hereunder to the extent of the interest assigned, subject of course, to the primary responsibility of the City. 4. The termination of the Lease provided under this Agreement shall be effective at a time (herein referred to as "Time of Closing") and place agreeable to the parties within ten (10) days after the Common Council of the City of Richmond, Indiana, has adopted an appropriate ordinance authorizing and empowering the consummation of this transaction. in the event that Council shall fail to adopt, prior to December 5, 1978, an ordinance authorizing and empowering the execution and delivery -6- of this Agreement by the Board of Aviation Commissioners, then in such event, the Lease shall be in full farce and effect and neither the City or the Company shall have a claim against the other for any alleged violation of any term or condition of such Lease which may have existed prior to the date of the execution of this Agreement. 5. At tltc 'Thlic of CluHing, City sh;tll deliver to lln• Company its check In the amount of Twenty 'Thousand Dollars ($20,000.00), an assumption of the Note of Company, which assumption is consented to by The Second National Bank of Richmond, or the delivery of the Note of Company to the Company marked "Paid in Full"; City's Promissory Note in the amount of Seventy Thousand Dollars ($70,000.00); a certification by the Controller of the City of Richmond, Indiana, representing and warranting that the indebtedness incurred by the City under the terms of this Agreement, together with all other indebtedness of the City as of the effective date of this Agreement will not exceed in the aggregate, an amount equal to two percent (2 ) of the value at taxahlc property- within We City of Richmond, and as ascertained by the last assessment for State. and County taxes; and Company shall deliver to the City a Bill of Sale of the equipment and personal property set forth in Schedule 3; and each party shall execute and deliver to the other a mutual release in the form attached hereto, made a part hereof, and marked "Schedule 6". 6. The City shall deliver to the Company and Smith an opinion of City's corporation counsel, dated as of the Time of Closing, to the Meet that: 1. The City Is a duty constituted municipal rorporation at Lhe State of Indiana, validly existing under the Constitution and State U•., of the State of Indiana, and has the power and authority to carry uuL and consummate all transactions contemplated by this Agreement, including but limited to the payment of moneys in accordance with the installments provided for herein. ii. The City has complied with all of the requirements of Indiana law with respect to the authorization, execution and delivery of the above Agreement. -7- iii. The Department of Aviation is an executive department of the City of Richmond, Indiana, established for the benefit of the City of Richmond, which is under the control of its Board of Aviation Commissioners. In entering Into the nforosatd AgreemenL and performinp, their obi IF,otions thereunder, both the City and the Ikoard of Avlat loin Cnunnir.;;loner:t ;ire acting in furtherance of the public purpose for which they were created. iv. All resolutions and actions of the Board of Aviation Commissioners and all ordinances adopted by the Common Council of the City of Richmond relating to this Agreement, and all related proceedings comply with all by-laws, rules and regulations of the Commissioners, the City and the Common Council thereof. v. Each member of the Board of Aviation Commissioners is duly appointed pursuant to the Statutes of the State of Indiana. vL. That the indebtedness Incurred by the My under the terms of this Agreement together with all other indebtedness of the City as of the effective date of this Agreement will not exceed in the aggregate, an amount equal to two percent (2%) of the value of taxable property within the City of Richmond, and as ascertained by the last assessment for State and County taxes. 7. The Company shall deliver possession of the leased premises to the City at. the Time of Closing at which time the Lease shall be cancelled. 8. All the terms and provisions of this Agreement shall be binding upon and Inure to the benefit of and he enforceable by Lhe successors and assigns of the City and the Company curd upon the heirs, personal representatives and assigns of Smith. 9. This Agreement is delivered and is intended to be performed in the State of Indiana, and shall be governed by and construed in accordance with the laws of that State. IN WITNESS WHEREOF, the City, the Company and Smith have caused this Agreement to he executed in their respective corporate and individual names and the seal of the City of Richmond, Indiana, to be hereto affixed and attested by their respective duly authorized officers, all as of the day of , 1978. CITY OF RICIRIOND, INDfANA By: - - Attest: Clifford .1 Dickman, Mayor Jo Ellen Trimble, Clerk Attest: - ---------------- --------- Secretary Attest: BOARD OF AVIATION COMMISSIONERS City of Richmond, Indiana By: _ Robert E. Brooks, President "CITY" SKY TECH, INCORPORATED By: Eugene R. Smith, President Secretary "CO^IPANY" Eugene R. Smith, Individually "SMITH" STATE OF INDIANA ) ) SS: COUNTY OF IIAYNE ) Before me, _ a Notary Public in and for the State and County aforesaid, personally appeared Robert E. Brooks, President, and _ , Secretary, with both of whom I am personally acquainted, and who, upon their oaths, acknowledged themselves to be the President and Secretary, respectively, of the Board of Aviation Commissioners of the City of Richmond, Indiana, one of the within named parties, and that they, as such President and Secretary, being authorized so to do, executed the foregoing instrument for the purposes contained therein by subscribing thereto the name of said City and attesting the official seal of said City by themselves as such President and Secretary respectively. WITNESS, my hand and notarial. seal of office at Richmond, Indiana, this _ day of — ., 1978. Notary Public residing in Wayne County, Indiana My Commission expires: STATE' OF INDIANA ) ) SS: COUNTY OF WAYNF. ) Before me, _, a Notary Public in and for the State and County aforesaid, personally appeared Eugene R. Smith and _ , with both of whom I am personally acquainted, and who, upon their oaths, acknowledged themselves to be the President and Secretary, respectively, of Sky Tech, Incorporated, being authorized so to do, executed the foregoing instrument for the purposes contained therein, by subscribing thereto the name of said corporation and attesting by themselves as such President and Secretary, respectively. WITNESS, my hand and Notarial Seal of office at Richmond, Indiana, this day of _ , 1978. Notary i'ubl is residinf, in Wayne County, Indiana My Commission expires: STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, _ , a Notary Public in and for the State and County aforesaid, personally appeared Eugene R. Smith, with whom 1 am personally acquainted, and who, upon his oath, acknowledged 1jjjTksvJ-f to be the Individual In the foretoing instrument. WITNI?SS, my hand and NoLarlal Swil of office at Richmond, Indiana, this ---- day of -- - - ----- —' 1978. My Commission expires: Notary Public residing in Wayne County, Indiana -10- STATE OF TNDTANA ) ) SS: COUNTY OF WAYNE ) Before me, _, a Notary Public in and for the State and County aforesaid, personally appeared Clifford J. Dickman, Mayor and Jo Ellen Trimble, Clerk, with both of whom I am personally acquainted, and who, upon their oaths, acknowledged themselves to he the Mayor and Clerk, respectively, of Lhe City of Richmond, Indiana, ono of the within named parties, ;and that Lhey, as such Mayor and Clerk, being authorized so to do, executed the foregoing instrument for the purposes contained therein by subscribing thereto the name of said City and attesting the official seal of said City by themselves as such Mayor and Clerk, respectively. Wl'I'NI;SS, my hand and notarial sent of office at Richmond, Indiana, His day of 1978. My Commission expires: Notary Public residing in Wayne County, Indiana -11- "SCHEDULE I" 9% PAID ON DATF. PRINCIPAL INTEREST PAYMENT PRINCIPAL BALANCE 1. December 1, 1979 $70,000.00 $6,300.00 $ll,000.00 $4,700.00 $65,300.00 2. December 1, 1980 65,300.00 5,877.00 11,000.00 5,123.00 60,177.00 3. December 1, 1981 60,177.00 `i,41').93 11,000.00 5,584.W 54,592.9"; 4. December 1, 1982 54,592.93 4,913.36 II,000.00 6,086.64 48,506.29 5. December 1, 1983 48,506.29 4,365.56 11,000.00 6,635.00 41,871.99 6. December 1, 1984 41,871.99 3,768.41 11,000.00 7,231.59 34,639.70 7. December 1, 1985 34,639.70 3,117.57 11,000.00 7,882.43 26,757.27 8. December 1, 1986 26,757.27 2,408.15 11,000.00 8,591.83 18,165.44 9. December 1, 1987 18,165.44 1,634.88 11,000.00 9,365.12 8,800.32 10. December 1, 1988 8,800.32 792.02 9,592.34 8,800.32 -0- MUF $70,000.00 Richmond, Indiana . 1978 FOR VALUE RECEIVED, the undersigned, the CITY OF RICHMOND, INDIANA, by its BOARD OF AVIATION COMMISSIONERS, a municipal corporation, duly organized and existing in the State of Indiana, hereby promises to pay to SKY TECH, INCORPORATED, its successors or assigns, on or before ten (1.0) years from the date hereof, the }principal amount of Seventy `thousand Dollars ($70,000.00) with Interest thereon at the rate of nine percent (9 ) per annum from the date hereof until the principal amount: is fully paid. Principal and interest shall he payable. at 20 Forest Place, Richmond, Indiana, or such other place as the Note holder may designate, in consecutive annual installments of Eleven Thousand Dollars ($11,000.00) on the first day of each December, commencing on December 1, 1979. Such annual installments shall continue until the entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on December 1, 1988. If any annual installment under this Note is not paid when due the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The Note holder may exercise this option to accelerate during any default by the undersigned regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. The undersigned may prepay the principal amount uutt;tandin); in whole or In part. The Note holder may rcqufrc that any partial prcpayrneutr: (1) be made on the date annual InstaflnucnLs are due and (ii) he in tin amount of not more than Eight Thousand Dollars ($8,000.00). Any p;irt.ial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent annual installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. It is hereby certified, reclted and doclared that all acts, conditions and things required to exist, happen rind he performed precedent to and In the executlon and delivery of Lhis Note do exist, have hnppencd and have been performed In due time, form and manner required by Law; and the issuance and delivery of this Note, together with all other obligations of the City does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, the undersigned has caused this Note to be duly executed, ..attested and delivered as of this day of 1978. ATTEST: CITY OF RICHMOND, INDIANA, by its BOARD OF AVIATION COMMISSIONERS By: Secrcrary. "SCHEDULE 3" UANTITY DESCRIPTION 1. 1 Log chain 2. l Deana tow bar 3. 1 .leap - 1959 - serial #57'i4890193 4. 1 Cessna 150C - 1968 -- N3086i ser. 5. 1 3 toot stop ladder 6. 1 De-I;reaser Gun 7. 3 55-gallon drums (trash barrel) 8. 3 30-};allon drums (trash barrel) 9. 1 Vibro-tool 10. 3 30-gallon drums 11. 3 55-gallon drums 12. 3 Engine slings 13. 1 Drone plane 14. 2 Electric buffers 15. 2 Beech 18 jack pads 16. 1 Hyd. Press. Pot 17. 1 Grease gun 18. 1 Champion gap setting tool 19. 1 Blow gun 20. 1 Air chuck 21. 1 200 gallon oil tank 22. 1 Flectric "iy,n 23. 2 Plcnlc tahl�s 24. 1 Misr. nlrc•ridt rirts 25. Eon'Jne 011 Inventory 26. 1 Cash Box 27. 2 Storage Cabinets 28. 1 Metal Office Desk 29. 2 Office chairs 30. 1 Filing cabinet 31. 1 Adding Machine 32. 1 Typewriter - 1958 33. 1 Typewriter Table 34. 1 Billing, Machine 35. 2 Overstuffed Chairs 36. 1 Key Cabinet 37. 1 Clock 38. 1 VHF Kadio 39. 1 AmnlIfer 411. 1 Altlnu+ter 41. 1 Win([ Instrument - udomcter 42. 1 Unlrom Radio nod Antennn 4 1. I B I nckbort rd 44. 1 ':Jest e Bnsket 45. 1 A I r CondIttoner 46. 1 Check Paymaster 47. 4 Bamboo Blinds 48. 1 Log Book Rack 49. 1 Bulletin Board 50. 1 Showcase 51. 2 Large Couches 52. 1 Coat Tree 53. 2 Ash Trays 54. 1 Table 55. 1 Lamp 56. 1 Clock 1'i066986 57. 1 Water Colder 58. 1 SII;nuture Frost Icss 21 ref rigerat or 59. 1 Wa11 map 60. 1 Air Conditioner 61. 1 Typewriter table 62. 1 Pencil sharpener 63. 1 Misc. Clip Board 64. 1 Cabinet Aircraft Manuals 65. 1 Data View LF-1015 and films 66. 1 Blackboard 67. 1 Metal Cabinet 68. 1 Radio Speaker 69. 1 First Aid Kit 70. l Table 71. 1 Metal Can (fireproof) 72. 1 Clock 7:3. 1 Slvdgo ikmmvr 74. 1 Shovels 75. 3 hoes 76. 1 Hake. 77. 1 Tce Chopper 78. 3 Brooms 79. 1 Batt. Charger 80. 1 Batt. Water Jar 81. 1 Auto. Floor Jack 82. 1 Pry Bar 83. 1 5-Gallon Oil can 84. 1 10 foot step ladder 85. 1 10 foot ladder 86. 8 Fire Extinguishers 87. 1 Scissors Jack 88. 1 Folding Chair 89. 1 Plop Bucket 90. 2 Extension Cords 91. l Wood Dollle 92. 1 Drain Snake 93. 1 Beech 18 Tow liar 94. t Portal Lamp 95. 1 Extension Cord 96. 1 2-ton Hoist 97. 1 Chain Fall 98. 1 220 Nitrogen Cyi. is Gauge 99. 1 Floor Scrubber 100. 3 Hydraulic Jacks 101. 2 Water Hoses 102. 2 Floor Creepers 103. 1 Spark Cleaner 104. 4 5-gallon Oil Cans 105. 1 Portable Lamp 106. 1 Air Hose 107. 3 Hose Holders 108. 1 Block 4 DUCker Sweeper 109. 2 Portable air tanks 110. l Mop ill. 1 Squeegee 112. 1 1-Quart Oil Can 113. 1 Beech Tow Bar (35) 114. 1 Beech Tow Bar (23) 115. 1 Mooney Tow Bar 116. 1 Piper Arrow Tow Bar 117, 2 Piper Tow Bars 118. 1 Beech Tow Bar 119. 5 Ceti:;ua Tow hnrs 120. 1 Cl Ipperr. 121. I CI Ipycrs 122. 2 Work Benches 123. 1 Large Vise 124. 1 Atlas Lathe & Bench 125. 1 Arbor Press 126. 1 Bench Grinder Sears 127. 1 Small Vise 128. 1 Wayne Air Compressor 129. 1 Craftman Drill. 130. 2 Metal Cab 131. 1 rire Extinguisher 132. 2 5-gallon Bottles (Water) 133. 1 First Aid Kit 134. 1 Ptetal Cabinet 135. 1 Acetelyne Tank 136. 1 Oxygen Tank 137. 1 Water Ilosc, Holder 138. I Welding Torch & Gaul;cs 139. 18 Folding Chairs 140. 5 Tables 141. 1 Desk 142. 1 Lamp 143. 1 Air Conditioner 144. 1 Billing Machine 145. 1 Metal Cabinet 146. 1 Wooden Cabinet 147. 1 Waste Basket 148. 1 Blackboard 149. 1 Bulletin Board 150. 1 Office Chair 151. 1 Instrument - Commercial Course 152. 1 Reclining Chair 153. 1 Large Table 154. 1 Coat Tree 155. 1 Wood Prop 156. 1 Exhaust Pan and Motor ITEM 1. 080127 2. 053401 3. 053402 4. 069151 5. 069383 6. 053405 7. 053408 H. 053409 9. 05'3410 10. 009152 H . 078595 12. 078596 13. 053411 14. 053412 15. 069638 16. 075926 17. 18. 19. "SCI I I-;w l x 4" DESCRIPTION SERIAL. Credit Card Imprinter Red Jacket Pump Red Jacket Pump Blackmer Pump 446929 Smith Meter Filter Separator Loading Assembly Loading Assembly Filter Separator Filter Separator 035155 7/Hoxai;011a] Sign II 456192 7/IlexagonaI ;ign II 456192 10,000 gal. U C Tank 10,000 gal. U C 'Tank 12,000 ;al. U C Tank C 073973 Wheaton Float Suctio CMC Truck 14115 Ford 800 DD3773 GMC #6 D2895 "SCHEDULE 5" 1. Coffee System of Dayton: Coffee Machine and stand 2. Lincoln-Kaler: Candy and cigarette machines 3. American Linen Co.: 3 towel cabinets 4. Pepsi Co.: Pepsi machine 5. Stewart Co.: Sandwich machine. 6. liana Corp: Office equipment and furniture Frigldaire lee Machin(, link-O-Made water softener 1 liana tow bar 7. United States Parachute Association: P1isc. Supplies and Equipment 8. Squires Flying Service: Misc. Furniture and Supplies 9. E. A. A.: Filing Cabinet 10. Richmond Javicees: Misc. Office Equipment and Furniture I; I',I.I:A'; i THIS RELEASE AGREEMENT, made and entered into on the day of , 1978, by the CITY OF RICHMOND, by its BOARD OF AVIATION COMMISSIONERS, hereinafter referred to as "CITY", and SKY TECH, INCORPORATED, hereinafter referred to as "COMPANY", and EUGFNE R. SMITH, hereinafter referred to as "SMITH", W I 'I' N L S S E T I WHEREAS, the City and thv Company have heretofore i�ntered into a certain Agreement. ent It led, Lease By Way of Concession of Aircraft Strip Premises, dated January 24, 1959, which said lease way; :emended by a certain Supplemental Lease By [day of Concession of Aircraft Strip Premises, dated April 29, 1959, which said documents ar< hereby referred to as "Lease", and, WHEREAS, the term of the Lease was for a period of thirty (30) years commencing on January 1, 1959, together with the rigA or option of the Company to extend the Lease for an addi[ionai period of ten (10) years alter file (-xl)irntfuu n; th,- ori;final term upon the- .tiame terror; and conditions, and, WIIl,1,FA5 I ile Ccmipnnv has operate,I Nixo d i;n e raior it; ider said Lease at the: Airport continuously since January 24, 1959; andunder the terms and conditions of such Lease caused to be constructed and erected upon the leased property a hanger with shop and office space of approximately 'Delve Thousand (12,000) square feet, and, WHEREAS, Smith is the President and sole stockholder of the Company, and since the execution of the Inase ins been the individual solely responsible for they day-to-day operation of the Company's fixed base operation at the Richmond Municipal Airport; that SmlLh has personally involved himself in every phase of the Company's responsibilities under such Lease and has become identified as the "operator" of the leased facilities, and, 6,`IIIRP;Ati, t;I, Cliy i:, deslrou:; "I ,(lelinal1!i;, si,wh knob,( with the t.0III panV ill Ill-dor t" hr :11, (' I I'Xor('i',c IIIIIII' (wllrcl "Vol IIII- colni'l('I and operal Ion o t ir+ A i rpo; I and t (I he III•I I (•r nh i" I o p l rill I or I I ,i growth and dev(:Iopme�lt; hp C1ty Is (h�sIrnl:, ,f rar:lutaJping the services of Smith for a period of up to five (5) years alter the termination of the Lease in order to assure a successful transition of the Fixed Based Operation from the Company to a suc,,.essor Fixed Base Operator, and, WHEREAS, the parties have entered into a certain Agreement for the termination of such Lease dated the day of 1978, (''AGREEMENT') which said Agreement is made a part of this Release and incorporated by refcrcnce, t.ud, Mil?REAS, the pnr( les agrcc to (•::ccutc Tl,i:, ruuual 1;( ;( use and to settle all claims with respect to such Lc -+se, cx, etlt onjI and to the extent as providod for and reserved under .said Agconment. IN CONSTDT:,YJT0X of the terminac ion of she Lease in accordance with such Agreement, and the release of their respective legal rights with regard to such "Lease' , and in emu d erat ion of the execution of this Release, each part` for himself and his i:e'irs and Ural representatives, successors and assigns, expressly releases the others, and their heirs, legal representatfves, succchsorn and a4.sll;ns, from ail-laims, demands and onu om of act !on brat auy of such I,:Irt ir., L:I. , may have had ngaln:;t Inch )(her paned on the Lc;lsr. Provldc(i, h,)w(v(r, it is understood and ngrccd that ChLI Rcleasc shnlI nut rcleasc an,, ,,I tno pLirtics frorl any of their respective covenants, agreements, obligations or i.iabilities as contained in the Agreement dated the day of 1978. The parties agree that the Luse shall be and is hereby terminated and cancelled as of the day of 1 1978. IN WITNESS WtEREOF , the e parties have execu! cd this Release at Richmond, Indiana, on the cl-iy acid year first above Attest' Attest: BUARD OF AVIATION ('O`IMISSIONLR.q City of Ricimini;d, Tildialla Robert E. Brooks, llr(,.!;Ident: , Secretary I I C rly I SKY TECii, TNCORPOIWIED . Secretary I I Co"'TP A. "Ic Y " "SMITH" ,l I 11(lividual ly