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HomeMy WebLinkAboutOrdinances Book 12, Page 403, No Ordinance Number403 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND SUPPLEMENTAL AND AMENDATORY AGREEMENT FOR THE LEASING BY THE CITY OF PADUCAH, IN CONJUNCTION WITH THE COUNTY OF MCCRACKEN, STATE OF KENTUCKY, OF THE PADUCAH-McCRACKEN COUNTY AIRPORT PROPERTY TO THE PADUCAH AIRPORT CORPORATION, AND PRESCRIBING THE TERMS, CONDITIONS AND COVENANTS TO BE CONTAINED IN SUCH SECOND SUPPLEMENTAL AND AMENDATORY AGREEMENT WHEREAS, pursuant to an ordinance adopted by the Board of Commissioners on October 17, 1944, as said ordinance appears of record in Ordinance Book No. 10, page 1062 of the official records of the City of Paducah, Kentucky, the City of Paducah, in conjunction with the County of McCracken, State of Kentucky, leased the Paducah -McCracken County Airport property to the Paducah Airport Corporation, subject to the terms and conditions set forth in said ordinance; and WHEREAS, it is necessary to amend the provisions of the aforesaid lease in orde to obtain a grant of Federal Funds pursuant to the Federal Airport Act and the regulations issued thereunder for the purpose of aiding in the financing of a proje for the development of the Barkley Field by grading and draining the administration areas and by making other permanent improvements thereon; and WHEREAS, it is contemplated that from time to time the City of Paducah, toge with the County of McCracken, State of Kentucky, will jointly submit other applications to the Civil Aeronautics Administration and other agencies of the United States of America for the granting of funds to be used in the development of said airport property; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Stuart Johnston, Mayor of the City of Paducah, be authorized to execute, for and in its behalf; a Second Supplemental and Amend atory Agreement to the aforesaid lease, which Second Supplemental and Amendatory Agreement shall contain the following terms, conditions and covenants: WHEREAS, the City of Paducah, Kentucky and the County of McCracken, Kentucky, as Lessors, lease to the Paducah Airport Corporation of the State of Kentucky, as Lessee, by contract of lease entered into on the 9th day of November, 1944, for a period of ten (10) years from the date thereof, the airport premises known as Barkley Airport", which Lease Contract is still in full force and effect; and, WHEREAS, said Lessors, as sponsors of the project for the development of said Barkley Airport pursuant to the Federal Airport Act and the regulations issued thereunder, have submitted to the Civil Aeronautics Administration their project application dated May 24, 1951, and in said project application it is proposed that the following improvements be made upon said airport property; Grading and draining of the Administration Area; P.C. Concrete Paving of an Aircraft Parking Apron (450lx200t); Fencing, Class "Ell; Sidewalks; Paving truck ramps and baggage ramp; Solid Sodding; Liming, Fertilizing and Seeding. AND 'WHEREAS, it is contemplated that the City of Paducah and the County of McCracken, State of Kentucky, will hereafter submit jointly other applications to the Civil Aeronautica Administration and to other Federal Agencies, and by submit such applications will apply for Federal funds to be used to defray a part of the cost of other improvements to be made upon the aforesaid airport property; and 404 WHEREAS, it is the intent of the parties to said lease between the City of Paducah, Kentucky and the County of McCracken, Kentucky, and the Paducah Airport Corporation that the provisions of said ]Lease shall btr amended to conform to all representations and covenants of the sponsors under the aforesaid project appli- cation of May 24, 1951, and to conform to the representations and covenants to be contained in other project applications which will be made when Federal Funds ar applied for in connection with the making of other permanent improvements upon said property, and that said lease shall in all respects be subject and subordinate to the provisions of the aforesaid project application on May 24, 1951 as well as the provisions of any other project application which may hereafter be submitted. NOW THEREFORE, for and in consideration of the mutual benefits that will accrue to the parties hereto from the accomplishment of the aforesaid project as described in the application of May 24, 1951, as well as the mutual benefits which will accrue to the parties hereto through the development of other improvements pursuant to applications hereafter submitted to the Civil Aeronautics Administration or to any other Federal Agency, it is hereby agreed by and between the parties hereto as follows: (1) Notwithdtanding any provision of said lease contract to the contrary the right and interest of the Lessee in and to the leased premises shall be subordinate to the obligation of the Lessors under the aforesaid project application submitted to the Civil Aeronautics Administration on May 24, 1951, and any grant offer tenders the Lessors by the Administrator of Civil Aeronautica upon said application and shall also be subordinate to the obligations of the Lessors under any other project application which may hereafter be submitted to the Civil Aeronautics Administratiol or to any other agency of the United States of America for the development and improvement of the aforesaid airport property and subordinate to any grant offer tendered to the Lessors upon any of such other applications. (2) Notwithstanding any provision of said lease to the contrary; Barkley Airport may be developed by the Lessors acting jointly or by their duly authorized agent by the prosecution and accomplishment of the aforesaid project described in the Lessors' application on May 24, 1951, or any other project for which an application may hereafter be made, and, as developed shall be operated and maintained by the Lessee as a public airport in accordance with such project application which may Ige made and such grant offers as may be tendered; and in the event of the failure of the Lessee to so operate and maintain the airport, the Lessors acting jpintly shall have the right to enter upon the leased premises and exercise such control thereof as will effect compliance with such provisions of said project application or grant offer, or at the option of the Lessors, acting jointly, they shall have the additional right to terminate the lease contract forthwith without further liability thereunder to any of the parties hereto to the same extent as if such right had been reserved to the Lessors in the said original lease contract. (3) It is understood and agreed that this agreement shall not be construed as making the lessee a party bo such grant offer or liable for any portion of the project costs not to be paid with United States' funds. (4) In the event of any conflict between any provision of said lease and any provision of the aforesaid project application of May 24, 1951, or any other project application which may hereafter be submitted or any grant offer which may be tendered to the Lessors herein, the provisions of such project application or grant offer, as the case may be, shall control." SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Passed by the Board pf Commissioners June 12, 1951 Recorded by Sarah Thurman, City Clerk, June 12, 1951. or