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Home My WebLink AboutMO # 1948MUNICIPAL ORDER NO. 1948 A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH PADUCAH CHIEFS, INC FOR THE LEASING OF 2400 BROOKS STADIUM DRIVE, PADUCAH, KENTUCKY, ALSO KNOWN AS BROOKS STADIUM BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals and Authorizations — the Lease. The Board of Commissioners hereby approves the Lease between the City of Paducah and the Paducah Chiefs, INC in substantially the form attached hereto as Exhibit A and made part hereof. Further, the Mayor of the City is hereby authorized to execute the Lease. SECTION 2. Severability. If any section, paragraph or provision of this 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 Order. SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of the 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orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. 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. MAYOR ATTEST: •d��JL'1 Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, January 24, 2017 Recorded by Tammara S. Sanderson, City Clerk, January 24, 2017 hno\lease — Brooks Stadium C^ NO) U11 EXHIBIT A LEASE This Lease Agreement is made this day of , 2017, by and between THE CITY OF PADUCAH, of 300 South 5t` Street, Paducah, KY 42001, as Landlord, and PADUCAH CHIEFS, INC. of 3550 Tulipwood Drive, Paducah, KY 42001, as Tenant. WITNESSETH: WHEREAS, Landlord owns a parcel of land known as 2400 Brooks Stadium Drive, Paducah, KY 42003; and WHEREAS, Tenant is desirous of leasing said property; and WHEREAS, it is the express intent of the parties hereto to enter into a lease agreement which will set out the terms, conditions and covenants of the parties' contractual relationship; NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth and contained herein, Landlord and Tenant contract and agree as follows: i) PREMISES: The leased premises are described as the baseball stadium located at 2400 Brooks Stadium Drive. ii) CONDITION OF PREMISES: Tenant states that he has examined the premises prior to the execution of this lease agreement and is willing to accept the leased premises in its "AS IS" condition. iii) TERM: Landlord leases to Tenant, and Tenant leases from Landlord the leased premises on an annual basis. This lease shall begin on April 1, 2017 and expire April 1, 2018. iv) RENTAL: A payment of $1 shall be due from Tenant and payable to Landlord on the date of signing the contract. V) USE: Tenant shall only use the premises as a baseball stadium. Tenant shall comply with all sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the premises, during the term of this lease. Tenant shall not keep or have on the premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the premises or that might be considered hazardous or extra hazardous by any responsible insurance company. vi) MAINTENANCE AND REPAIR: Tenant agrees to be responsible for normal wear and tear of the premises during the rental period. Tenant agrees to maintain the leased premises in a state of good condition. Landlord, at its option, shall be responsible for major items of repair such as roof, appliances, plumbing and wiring. Tenant shall be responsible for mowing the leased premises subject to the following condition:vii) vii) UTILITIES: Landlord shall keep all utilities in the Landlord's name and shall maintain responsibility for same. viii) INSURANCE: Landlord shall not provide any insurance for the benefit of Tenant. Tenant shall be responsible for any insurance tenant deems necessary. ix) INSPECTION OF PREMISES: It is expressly understood by Tenant that Landlord shall have the absolute right to come upon and into the leased premises at reasonable times and upon a 24 hour notice to Tenant to inspect the leased premises to ensure that Tenant is in compliance with the terms and provisions of this lease agreement. Landlord shall retain a set of keys for purposes of any such inspections. X) RISK OF TENANTS: All personal property, goods and chattels of Tenant placed or stored in or about the leased premises are at the risk of the Tenant, and Landlord shall not be responsible to y Tenant for same. xi) ALTERATIONS AND/OR IMPROVEMENTS: Tenant shall make no alterations or improvements to the leased premises, construct any building or make any other improvements on the leased premises, without the prior written consent of Landlord. Regardless of approval, all additions, improvements or enhancements of any sort made to the leased premises shall become the property of the Landlord i at the end of this lease agreement. 7 xii) ASSIGNMENT AND SUBLETTING: It is expressly understood and agreed by Tenant that Tenant shall not assign or sublease the leased premises xiii) REMEDIES OF LANDLORD: The failure of the Landlord to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained shall not constitute or be construed as a waiver or relinquishment of the Landlord's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect, and Landlord's exercise of any right provided herein or by law shall not constitute a waiver of any other right which is provided herein or by law to Landlord. 14. ENTIRETY: This lease contains the entire agreement between the parties hereto, and neither party is bound by any representations or agreements of any kind except as herein contained. This lease shall be governed by the laws of the Commonwealth of Kentucky. 15. EFFECTIVE DATE: The effective date of this agreement shall be the date first written above. LANDLORD: CITY OF PADUCAH By: Title: TENANT: PADUCAH CHIEFS, INC. Title: