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HomeMy WebLinkAboutOrdinances Book 10, Page 1005, No Ordinance Number1005✓ 1116 AN ORDINArsGh rI OVIDiII0 FOIi THE LEASI11G FROM THE UNITED is A1' STATES OF. AMERICA BY THE CITY OF PADUCAH, IN COIIJUNCTION 4X`.113 I:,CCRACKEN COUNTY, KENTUCKY, OF A TRACT OF LAND LOCATED AT TIIE dORT'IEAST CORNER OF THE INTERSECTION OF 21ST Ai:D MONROE STREETS IN THE CITY OF PADUCAH, KENTUCKY, FOR THE MAIN`VEi1_Ab1C:3 AND OPhrATIO OF A PUBLIC HEALTIi CENTER 6'C 3AID CITY AND COUNTY, PRLSCRI ING TIIE TERI.TS AND COIiI,`ITIOi?S TO BE COIITAINED I:1 SAID LEASE, WITH OPTIOIIS FOR THE RENFUAL THEREOF, AND THE COI DITIOII3 UPON .7HICI1 3AID C=Y A: D COUNTY SHALL ;EC01dE THE 0:7i1LTI OV 3AID Lei= P;i0FZ1rVC, Iin AUTHORIZING TIIE T.1A"YOR, FOR A:ID 014 ?EHAL2 OP Y4IF. CITi OF PADUCAII, TO JOIN VIITH TIIE COUNTY JUDGE OF LiCCRAG,-E COUNTY, IN TI':.E EXECUTION OF A LEASE FOR THE PURPO:;ES HEP.EIN PROVIDED, AND A: PIIOPRIATING OUT Oi THE PIEVENIUBS Or' Iis r= C P.';DUCAH FOR THE YEAR 1944 THE SUIS OF ti:3,399.u8 FOR PAZMENT Oz THAT PORTION OF TIIE REIITALS CHARGABLE TO THE CI'.li 0? PeiDUCAH FOP TII3 USE OF SAID HEALTH CENTER FRO:.` T E DATE OF IT3 CO."PLETI0E'1 AND FOR T: -+E REI:iAINDER OF THE 'YEAR 1944 JIiEREAS, the United States of rmcrica, throuch the r'edoral Works Agency, had approved the allocation of funds for the con- struction of a neer public health center in the City of Paducah at a cost of :,;105,000.00 upon the condition that the City of Paducah and the County of I:TcCracl:en agree to enter into and execute a lease which is in words and figures as follows, to-,�^rit: "The United States of America (heroin called the "Governmen ") hereby leases to the City of Paducah and the County of McCracken, Kentucky (herein called the "Lessee"), upon the terms and conditi and in consideration of the covenants and agreements of the Lesse hereinafter set forth, the health center war public works facili identified by the above 'project number and described below (such war public works facilities being hereinafter referred to as the ("Leased Property"), for a term beginning and ending December 31st, 1944, (hereinafter called the 'Original Term"). The term of this lease shall be extended, at the option of the Lessee, without notice, for successive periods of one year each, until the full purchase price of the Leased Property shall have been paud to the Government in the manner hereinafter provid or until the Lease shall have been terminated by the Lessee or cancelled by the Government in accordance with the terms hereof. "The Leased Property consists generally of a certain lot o parcel of land lying and being in the City of Paducah, McCracken County, State of Kentucky, more particularly described as follow 1006 "Beg,inninf; at the Northeast corner of the intersection of 21s t and I+ionroe Street; thence in a Northwardly direction and along the cast line of 21st Street 346.5 feet to the youth line of IGadison Street; thence in an Eastwardly direction and along the South line of Madison dtreet 405.7 feet, more or less, to the .;est line of a 50 foot lot owned by Dr. S. B. Pulliam; thence at an interior angle of 90 degrees and 18 minutes and in a southwardly direction 346.5 feet to the North line of Fonroe Street-; thence in a ':,esLwardly direction and alonS the 'forth line of I::onroe Street 407.5 feet, more or less to the point of beginning." Bcin;- the sane property conveyed to the City of Paducah by deed dated December 23rd, 1941 and of record in Dced '_soo''c 213, page 257, in the office of the County Court Clerk of I.ScCraci,en County, Kentucky. to-et'ier with all buildings, structures and improvements construe in, over and upon said land and all ot'aor buildings, structures and improverients which together with the foregoing constitute the Leased Property generally described above, and all facilities, equipment, furnishin7s, fixtures, appurtenances and supplies in- stalled in or located at the Leased Property on the date of this Lease or thereafter provided b:/ the Government, a detailed invent of which is to be prepared and si`.ned by represenL-atives of the Government and the Lessee. "Possession of the Leased Property ::ill be delivered to t Lessee on or before the date suocified heein as the be:-inninc da of the OriLinal Term. "In consideration of the foregoing, the Lessee covenants agrees that folloaing delivery to it of ,possession of the Leased Property: "(a) It will use the Leased Property during the term of t Lease and each renewal thereof in an efficient, economical and prop manner, and for the purpose for which the Leased Property was inten and for which it was acquired by the Government and delivered to th Lessee; "(b) At its own expense, it will maintain and keep the Leas Property in good repair and operatin;. condition, and iu:mediately up the termination or cancellation of this Lease as herein provided wi return tho.same to the Jovernment in as good condition and state of repair as the Leased Property is in w:hon completed and dolive•_ed to the Losaco, reasonablo hear and tear and loss or (:amaze caused by act o God or ';ar cxceptod; "(c) it '.:ill pay each and every cost, expense, c:ar,..e, liabia'ty, obli-ation, levy, fee, assossrient and tat incurred by the Lessee by reason of or arising out of its possession, enjoyment, use, mainten nce and operation of the Leased Property; 1007 "(d) If the Leased Property is to be operated on a revenue- produein- basis, it :,ill establish, maintain and collect- fair, ;just and reasonable rates and char;es for the commodities and servlve supplied and made available by the Leased Property; "(a) It will nay to the :overnmont as rent fo.- the Leased Property the sum of ;Ax 'thousand 3evon Hundred and :;inoty-:dine Doll rs and Thirty -Seven Cents (;6,799.37) for the aforesaid OriZinal `Perm and the same amount for any renewal thereof. Payment for the Ori`ina.l 'erm shall be due en the completion of said health renter nrovided it In completed durin- the year 19zld. If it is not coimAeter'i durin, Maid year, the ori5inal term :hall be for the remainder of the year 1045 after the same has been completed. Payment fo•., each successive rene':Ml period shall be ue on January 1st of each ;-ar that the Lease in renei•red. "(f) It will procure and maintain_ for the benefit of the Government such insurance coverinZ the risks to which the Leased Property is exposed as is customarily carried in connection with similar facilities located in t,. -Io or a comparable area, in Porn and amounts reas onably sufficient to protect the ;overn,nent's financial int;erect in the Leased Property, and subject to the follo-r- ins• conditions: (1) the kinds and amounts of insurance and th.o insurers shall be subject to approval of the r3overnment, (2) the insurance shall be made ;)ayable to the ;overnmenc as the inowod, (3) The insurance policies shall :e delivered promptly to the Government, {^) " he Lessee shall notify the proper insurance comnanies and the Government promptly of any loss or damage to the Leased Property, (5) in the event of any losses covered by such insur- ance the Government may, at its option, apply any imsurance proceeds received during the term of this Lease, or any renewal thereof, to the re- paid, restoration or replacement of the Leased Property, or any portion thereof, dama.-ed or destroyed; "(5) It Trill T=-rmit the Government at any reasonable time t enter upon, inspect, and exhibit the Leased Property and, for the :urpose of ascertaininC that the Lessee is complyin^; with the covenants ai:c a^ree- ments hereunder, to examine the books, records and accounts of the Lossee pertainin-, to the Leased Property; "(h) It will sate the uovernmont harmless from any liability or claim arisin,7 from the Lessee's possession, use, maintenance ane operation of the Leased rroperty or the fulfillment of its respon- sibility hereunder. "The Lessee covenants and agrees that it will not assign or transfer its ri-hts or interest utider this Lease, or transfer possession or dispose of the Leased Property or any part bhereof, or create or )ermi't a lien or char3e upon or claim a,ainst the Leased Property or any hart thereof, without tiie consent of the :overnment evidenced in tr:itinC. "The Government assumes no liability for any dama�;c, injury, loss or es:sonse coused by, resulting from, or arising in connection with the Leased Property, or for any defect in or representations not herein contained concernin,* the Leased Property. "If the Lessee shall pay rentals from year to year as herein provided for a period of ten (10) consecutive years be.,innin-,with and inclu.'ln7 the covenants al;r-ed to be performed by said Lessee, the 'overnment will then transfer good and sufficient title to the Leased Property to the Lessee. In the event the Lessee should elect not to renew this Lease and should decide not to purchase the Lease Property, or the Government should cancel this Lease as hereinafter provided, all payments made to the urovernment ;y the Lessee up to the date of tho termination or cancellation of the Lease shall be cons- idered as rental and :1hall be retained by the Government. "The Lessee shall have the riiht to purchase the Leased Property from the Government at the expiration of the Ori-inal ler for the sum of ;;59,740.00. The Lessee shall also have the right to purchase the Peased Property at the expiration of any renewal perio provided the Lessee shall have paid to the Government the rental-sp cified herein when due and provided further that the Lessee shall not other- wise be in default in the performance of any of the covenants of this Lease. The purchase price at the end of the first renewal period s all be the sum of .,x54,523.85. The purchase price at the end of the sec nd renewal period shall be the sum of ;49,161.36. The purchase price 3.t the end of the third renewal period shall be the sum of ti,43,632.85. The purchase price at the and of the fourth renewal period shall be the sum of '37,938.4B. The purchase price at the end of the fifth renewal period shall be the sum of •,32,073.2B. The purchaso price at the e d of the 0imth renewal period shall be the sura of x:26,032.13. The pur- chase price at the end of the seventh renewal period shall ce ttho 3UM of ;119,809.74. The purchase price at the end of the ei,hth renewal period shall be the sum of •,r13,400.6II. The purchase price at the 1009 end w the ninth ronewal pevio6 shall be the sum of tj6,799.37. "The Lessee may serve the Government with thirty (30) days, ariL-ton notice of its intention to terminate the Lease at the expiration o the Original 'Term or at the expiration of any subsequent renowal tiere- of, and the service of such notice shall terminate the Lease at th expiration of such term. "This Lease may be cancelled by the Government at any time in the event that the Lessee defaults in the prfformance of any its obli,,ations hereunder, and such defaults are not remedied by the Lessee within thirty (30) days after written notice thereof upon both the City of Paducah and the County of t`cCracken. "No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Lease or to any benefit arising therefrom". ;:0:7 TTMIREFORE, DE IT ORDADZED BY TIIE 20ARD OF CO1.T1I.;Q1O'1dE, 3 OF TIC CITY OF PADUCAH, ETTUCIY: SEC TICK 1. That the City of Paducah, in conjunction with i.:cCrac,en County, Kentucky, lease from the United States of a,merica the abov described property upon the terms and conditions set orth in the fpreroing lease for the purpose of maintainini; and operating a pub is health center in said city, the same to be under the joint control and management of the oard of Commissioners of the amity of Paduca and the Fiscal Court of McCracken County, Kentucky, and a7ayne C. Seaton, the Mayor, is hereby authorized and empowered, for and on beEalf of the City of Paducah, to execute the foregoing lease upor the completion and acceptance of said health center. SEC TI OI7 2. That the sum of :;,3,399.6£3 be, and the same is hereby appropriated out of the revenues of the City of Paducah for the year 1944 for the payment of that portion of the rental chargable to said city for the use of said health center from the date of it completion and until the and of said year, the amount of said rent payment to be chary d -to and deducted from that fund appropriated payment of contingent expenses, known as the "Contingent Fund", undet the Apportionment Ordinance adopted by the City of Paducah on April 25th, 1944. SECTIOII 3. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are, to the extent of such con- flict hereby repealed. 101.0 SECTION 4. • This ordinance shall be introduced at a Regular Meeting; of the Board of Commissioners and remain on file for not less than one (1) week for public inspection in the coy7pleted form in which it shall be put upon its final passarc, and if adopted, said ordinance shall be in full force and effect ten (10) days thereafter. Introduced, ;Say Stn, 19,14. Passed by the }Board of Commissioners -:ay 31st, 1944 Recorded by Rudy ste:^.art, City Clerk, May 31st, 1944.