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CITY-OF-BATESVILLE
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4/30/2019 1:37:45 PM
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8/22/2018 12:06:04 PM
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Page 4 <br />understood that the City, pursuant to the terms pertaining thereto in <br />the Lease Agreement, will proceed with the construction of the build- <br />ing and manufacturing facilities on said land and the purchase and <br />installation of certain machinery and equipment therein, all of which <br />is defined in the Lease Agreement as "leased premises" and that term <br />will be so used here. It is understood that, with respect to the <br />City and the County, the City in so proceeding, shall be acting as <br />Trustee for the City and the County in accordance with their respect- <br />ive interests in the leased premises, which interests are hereby de- <br />clared to be as follows: The County shall own an undivided sixty <br />per cent (60%) interest in the leased premises and the City shall own <br />an undivided forty per cent (40%) in the leased premises. It is also <br />understood and agreed that all rights and interests declared in this <br />Agreement to exist in the County shall be subject and subordinate to <br />the rights and interests of Batesville Rubber and Seiberling in and <br />to the leased premises under and by virtue of the Lease Agreement <br />and the Renewal Lease Agreement, including, without limitation, the <br />Lessee's option to purchase. The City shall continue to hold the <br />legal title to the leased premises in the City's name as long as the <br />Lease Agreement and the Renewal Lease Agreement are in force and in <br />effect, but immediately upon their termination, by virtue of the <br />expiration of their term or otherwise, unless the Lessee shall have <br />purchased the leased premises by the exercise of its option pertain- <br />ing thereto set forth in the Lease Agreement and in the Renewal Lease <br />Agreement, the City shall convey to the County by appropriate con- <br />veyance instrument or instruments an undivided 9J_xty per cent (60%) <br />interest in the leased premises and the City and the County will <br />thereafter own the leased premises as tenants in common with the <br />County owning an undivided sixty per cent (60%) interest and the <br />City owning an undivided forty per cent (40%) interest. <br />
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