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HomeMy WebLinkAboutOrdinances Book 15, Page 1097, No Ordinance Number1097 / AN ORDINANCE AyiENDING SECTION 1 OF AN ORDINANCE ENTITLED "AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREE14ENT ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, WITH PAUL C. DEMYAN AND LESLIE M. FAITH, JR. FOR THE OPERATION OFA BOAT DOCK AND 14ARINA FACILITIES ON THE RIVER FRONT, AND SETTING FORTH THE TER14S AND CONDITIONS OF SUCH AGREEMENT", WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS ON NOVEMBER 2, 1966 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: i -:SECTION 1. That Section:l-of-an ordinance containing the title quoted above, which was adopted by the Board of Commissioners on November 2, 1966, be, and the same is hereby, amended and reordained so that said section as amended and reordained shall read as follows: , "SECTION 1. That the Mayor, or the City Manager, be, and either of them is hereby, authorized and directed to execute an Agreement on behalf of the City of Paducah, Kentucky, with Paul G. Demyan and Leslie M. Faith, Jr, for the operation of a boat dock and marina facilities on the river front, said Agreement being in words and figures as follows, to -wit: 'THIS AGREEMENT, made and entered into on this day of October, 1966, by and between the CITY OF PADUCAH, KENTUCKY, party of the first part, and PAUL G. DEMYAN and LESLIE M. FAITH, JR., parties of the second part, W I T N E S S E T H 'That the party of the first part; in -consideration cf the hereinafter ar-reement, does hereby grant permission, to the complete and full extent allowed by law, to the parties of the second part for the operation and maintenance of the following facilities owned by the parties of the second part: 'A boat dock and marina facilities on the river front, Paducah, Kentucky, within the limits bounded by the north line of Broadway, if extended, and the south line of Jefferson Street, if extended. The facilities consist of a barge tyoe craft, approximately 60 .feet long and 30 feet wide, a gas dock 20 feet lon,, and a 60 foot over night moorage dock, all of which is to contain the operation. One-half of the headquarters barge is enclosed and contains a small office space, a snack bar with a soft drink dispenser, a popcorn machine, hot dop machine, previously prepared sandwiches, locker space for rent, and a repair shop. The other half of the headquarters barge is open and contains tables and chairs for customers and spectators. Two (2) Gasoline loq� Pumps and one (1) diesel pump are located in the open area for the sale of gasoline, and 'two (2) 500 gallon storage tanks are buried on shore in compliance with specifications set out by the Coast Guard autrorities. Down river from the barge and connected to the barge, there is a long shed constructed of wood framing covered with corrugated metal, floatinF on drums, and divided into compartment storage for cruisers or similar craft. Inside this area, between the boathouse shed and the river bank, cat- walks and boat slips floating on drums are provided as moorage space for small craft. Facilities are provided for the selling of items relating to pleasure boat craft; ie motors, boats, life preservers, iackets, skis, and etc. All these facilities are moored and anchored in such a manner so as to be pulled in or let out according to the fluctuation of the river stage. Further, the facilities may be improved at any time as deemed necessary in the furtherance of the parties of the second part's business acti,-ity, 'For the pri,ileges granted herein., the parties of the second part are to pay to the party of the first part rent of Fifty Dollars (^50.00) per calendar month, beginning June 1, 1966. Simultaneous with the execution of this Agreement party of the second part will pay all past due rent from said date and each payment of rent is to he made promptly or. the 1st day of each calendar month. 'The parties of the second part agree to comply at all times with the regulations as set out by the Kentucky Department of Health. 'The parties of the second part are to provide and keep in full force and effect liability insurance issued by some good and solvent company licensed to do business in the City of Paducah, Kentucky, to protect the City .from all claims of persons .for personal i.niur.%r or death and .for damage of property in the following amounts: 6100,000 for personal injury or death to any one person; $,300,000 for personal iniury or death to more than one person resulting from the same accident; $; 50,000 for damage to property in an- one accident. 'The party of the .first part co-anants, agrees and promises that it will refrain from leasing or in any way prantin- permission to amJ party (other than parties of the second part as stated mere) to service pleasure .oats, to sell was, or in general, to conduct the same or similar business acti,,ity in the river front area, on any property owned or under the control of the party of the .first part. 'This agreement shall not he transferred or assigned in an,, manner by the parties of the second part unless authorized by 1099 legislative action of the Board of Commissioners of the City of Paducah, Kentucky. 'It is the intention of the party of the first part that the terms, promises, and covenants of this agreement shall be in full force and effect for a period ending October 1, 1971, to the full and complete extent allowed by law. Further, the party of the first part hereby agrees that the parties of the second part have the option and right to renew this agreement for a further term of five (5) years subject to approval by the City Commission as provided b=; law, commencing on the expiration of this agreement, and terminating on the 1st day of October, 1976, subject to all pf,the,terms and conditions'of.this agreement; provided, however that this option shall be conditioned on the parties of the second part being in good standing under this agreement and having duly performed their covenants herein throughout the term, and provided further that notice of the intent to exercise such option shall be Riven by the parties of the second part to the party of the first part not less than 30 days before the end of the term of this agreement. Should parties of the second part default and fail to perform any of its obligations under this agreement as provided for herein or accordinu to the terms hereof, then, the party of the first part may, at its option, declare this agreement to be immediately terminated and at an end. 'This agreement is executed pursuant to the terms of an ordinance adopted by the Board of Commissioners of the City of Paducah, Kentucky, on the — day of November, 1966, and all terms and conditions contained in said ordinance are made a part hereof and is retroactive to November 1, 1966. CITY OF PADUCAH, KENTUCKY By: Iaayor or City Manager Paul. G. Demyan Leslie Y. Faith, Jr. ' " SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption, im. F. Paxton, Commissioner Wm, L. Kressenberr,<Commissioner Iassed by the Eoard of Commissioners November 8', 1966 Recorded by Sarah Thurman, City Clerk, November 8, 1966.