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#