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HomeMy WebLinkAboutOrdinances Book 14, Page 335, No Resolution Number335 •l--- A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY OF PADUCAHy: KENTUCKY, A CERTAIN PERMIT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE COUNTY OF McCRACKEN, KENTUCKY, AND THE UNITED STATES OF AMERICA BE IT RESOLVED BY THE BOARD OF COMPMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor of the City of Paducah, Kentucky, be, and he is hereby, authorized and directed to execute, on behalf of said city, a certain permit agreement between the City of Paducah, Kentucky and County of McCracken, Kentucky, and the United States of America, which permit agreement is in words and figures as follows, to -wit: "U. S. ARMY ENGINEtR DISTRICT, LOUISVILLE CORPS OF ENGINEERS 830 WEST BROADWAY LOUISVILLE 3, IENTUCKY No, oG-604 P E R M I T "THIS AGREEMENT, made this 21st day of June, 1960, by and between the CITY OF PADUCAH, KENTUCKY AND COUNTY OF McCRACKEN, KENTUCKY, hereinafter called CONTRACTOR, and THE UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH: "WHEREAS, the Contractor is the owner/lessee of the Paducah -`McCracken County Airport, located in the City of Paducah, 9ounty of McCracken, Commonwealth of Kentucky, hereinafter referred to as the "Airport" and the Government desires a permit for the transient use by military aricraft of the landing area of said airport. 111. NOW, THEREFORE, in consideration of the sum of $1.00, the receipt and sufficiency of which is hereby acknoiiwledged by the Contractor, and of the mutual covenants, promises and agreements herein contained, the Contractor hereby grants a permit to the Government for transient use by military aircraft of the landing area of said airport in common with others to the extent possible without requiring limitations of non- military operations. 112. This permit shall be effective from the date hereof, and shall remain in force until 30 June 1965. "3. The Government shall not assign this permit in any event, and shall not sublet the privilege herein granted. "4. The Government shall observe and comply with all rules and regulations promulgated and uniformly enforced from time to time during the term hereof by the appropriate Federal, State and County authorities, or by the contractor to insure the safe, orderly and convenient conduct of aeronautical operations to, from and upon said airport. "5. The Contractor shall maintain the said Airport in good repair and servicable condition during the continuance of this permit, except in case of damage arising from the negligence of the Governmentts agents or employees, and damage caused by military aircraft, the Government to repair or compensate the Contractor for any such damages. 336 116. In the event the Government shall fail to repair as agreed in Paragraph 5, a claim for the cost of such repair may be presented by the Contractor under provisions of Public Law 112, 79th Congress, 3 July 1943 or any other act or regulation under which appropriated funds shall at such time be available. It is understood, however, that any provision of this permit which obligates the Government to the expenditure of funds shall be subject to an appropriation being available for its fulfillment. "7. The Government may terminate this permit at any time by giving thirty (30) days notice in writing to the Contractor. "8. Any notice under the terms of this permit shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Contractor at McCracken County Courthouse, Paducah, Kentucky, and if given by the Contractor shall be addressed to the district Engineer, Louisville District, Corps of Engineers, Post Office Box 59, Louisville 1, Kentucky. "9. The Contractor warrants that he has not employed any person to solicit or secure this agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the agreement, or, in its discretion, to deduct from the rental the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by contractors under contracts or leases secured or made through bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 1110. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. "11., The Contractor, in performing the work required by this permit, shall not discriminate against any employee or applicant for employment because of race, creed, color, or narional origin. "IN i+IITNESS �-%THEREOF, the parties hereto have caused this permit to be property executed by their duly authorized representatives on this day of June, 1960." SECTION 2. This Resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners August 23, 1960 Recorded by Sarah Thurman, City Clerk, August 23, 1960.