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HomeMy WebLinkAboutMO # 1906196001 MUNICIPAL ORDER NO. 1906 AN ORDER DECLARING THE LEASE BETWEEN THE CITY OF PADUCAH, KENTUCKY, AS LESSEE, AND WESTERN KENTUCKY UNION LABOR SENIOR CITIZENS HOUSING CORPORATION, A KENTUCKY NOT-FOR-PROFIT CORPORATION, AS LESSOR, AS SURPLUS AND AUTHORIZING AND APPROVING THE TERMINATION OF THE LEASE WHEREAS, the Western Kentucky Union Labor Senior Citizens Housing Corporation, a Kentucky not-for-profit corporation, ("Lessor") is the current owner of the real property and improvements located at 301 South 9h Street, in Paducah, McCracken County, Kentucky 42003, upon which real property is located the Jackson House Apartments and W.B. Sanders Retirement Center ("the Property"); and WHEREAS, on April 20, 1973 Lessor entered into an Indenture of Lease with the City (the "Lease Agreement") whereby the Lessor let and leased to the City for a period of ninety-nine (99) years, with an extension period, a portion of the Property for purposes of the erection of an exterior antenna system and necessary appurtenant facilities; and WHEREAS, the City has determined that the Lease Agreement is no longer necessary, appropriate, or in the best interest of the operations of the City and that the Lease Agreement should be declared surplus and terminated; and NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF - COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorizations. The Board of Commissioners hereby declares the Lease Agreement to be surplus property as it relates to the operations of the City. Further, the Board of Commissioners hereby approves the termination of the Agreement. That the Mayor of the City of Paducah, Kentucky, be and is hereby authorized to execute and deliver a Termination of Lease in substantially the same form attached hereto as Exhibit A and made a part hereof. SECTION 2. Severability. If any section, paragraph or provision of this Municipal Order shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. 408 SECTION 5. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. CITY CLERK Adopted by the Board of Commissioners, May 17, 2016 Recorded by Tammara S. Sanderson, City Clerk, May 17, 2016 \mo\lease termination — antenna system -Jackson House 409 1_x.4 i 111.1".1 TERMINATION OF LEASE 195996 THIS TERMINATION OF LEASE made and executed on this day of May, 2016, by the CITY OF PADUCAH, KENTUCKY, a municipal corporation and body politic of the Commonwealth of Kentucky, P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Western Kentucky Union Labor Senior Citizens Housing Corporation, a Kentucky not-for-profit corporation, ("Lessor") is the current owner of the real property and improvements located at 301 South 9t` Street, in Paducah, McCracken County, Kentucky 42003, upon which real property is located the Jackson House Apartments and W.B. Sanders Retirement Center ("the Property"); and WHEREAS, on April 20, 1973 Lessor entered into an Indenture of Lease with the City (the "Lease Agreement') whereby the Lessor let and leased to the City for a period of ninety- nine (99) years, with an extension period, a portion of the Property for purposes of the erection of an antenna system and necessary appurtenant facilities to the exterior of the improvements; and WHEREAS, the Lease Agreement is of record in the McCracken County Clerk's office in Deed Book 551, page 439; and WHEREAS, the City has determined that the Lease Agreement is no longer necessary, appropriate, or in the best interest of the operations of the City and that the Lease Agreement should be declared surplus and terminated; and WHEREAS, the City does now desire to formalize the termination of the Lease Agreement and any amendments thereto in writing. NOW, THEREFORE, the City hereby declares that the Lease Agreement dated April 20, 1973, and any amendments thereto, concerning the Property is surplus property and is hereby terminated, and of no legal force and effect, as of the effective date of this Agreement. This Termination of Lease shall be effective upon execution by the City. [See following page for signature.] 410 THIS TERMINATION OF LEASE made and executed on the day of , 2016. LESSEE: CITY OF PADUCAH, KENTUCKY By GAYLE KALER, MAYOR STATE OF KENTUCKY ) COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2016, by Gayle Kaler, Mayor, of the City of Paducah, Kentucky, on behalf of said governmental entity, Lessee. My commission expires. This instrument prepared by: DENTON LAW FIRM, PLLC P. O. Box 969 PADUCAH, KY 42002-0969 195859 411 NOTARY PUBLIC, STATE AT LARGE NOTARY ID#