Loading...
HomeMy WebLinkAboutOrdinances Book 17, Page 452, Ordinance Number 71-2-436452j u ORDINANCE NO. 71-2-436 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY WITH ANTHONY B. KESSEL, JR. FOR THE OPERATION OF A BOAT DOCK AND RELATED FACILITIES ON THE RIVER FRONT, AND SETTING FORTH THE TERMS AND CONDITIONS OF SUCH AGREEMENT BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor be, and he is hereby, authorized and directed to execute an agreement on behalf of the City of Paducah, Kentucky, with Anthony B. Kessel, Jr. for the operation of a boat dock and related facilities on the river front, said agreement being in words and figures as follows: "THIS AGREEMENT made and entered into on this the day of February, 1971, by and between the CITY OF PADUCAH, KENTUCKY, party of the first part, and ANTHONY B. KESSEL, JR., party of the second part, W I T N E S S E T H THAT the party of the first part.in consideration of the hereinafter agreement, does hereby grant permission, to the complete and full extent allowed by law, to the party of the second part for the operation and maintenance of the following facilities owned by the party of the second part: A house boat to be equipped as a floating restaurant and office and a boat dock with limited marina facilities on the river front in 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 to be provided shall also include a gas dock to provide gasoline and diesel fuel for pleasure water craft. All gasoline and diesel fuel facilities shall comp -1y with specifications and safety regulations as may be set out by the Coast Guard Authority. The facilities shall be moored and anchored in such a manner so as to be pulled in or let out according to the fluctuation of the river stage, and the facilities may be improved at any time as deemed necessary in the furtherance of the business activity of the party of the second part. Any permanent facilities installed and made a part of the land and river front shall remain the property of the first party, but all 453 floating equipment shall remain the property of the party of the second part. For the privilege granted herein, the party of the second part agrees to pay to party of the first part rent in the amount of $50.00 per calendar month beginning March 1, 1971. The party of the second part hereby agrees to comply at all times with the regulations as set out by Kentucky Department of Health. The party of the second part is 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 injury or death and for damage to property in the following amounts: $100,000.00 for personal injury or death to any one person; $300,000.00 for personal injury or death to more than one person resulting from the same accident; $ 50,000.00 for damage to property in any one accident. The party of the first part covenants, agrees and promises that it will refrain from leasing or in any way granting permission to any party (other than the party of the second part as stated herein) to service pleasure boats, sell gas, or in general to conduct the same or similar business activity in the river front area, on any property owned or under the control of the party of the first part. This agreement shall not be transferred or assigned in any manner by the party of the second part unless authorized by 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 February 28, 1972, to the full and complete extent allowed by law. In the event the party of the second part defaults and fails to perform any of its obligations under this agreement as provided for herein, or according 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. The party of the second part agrees to comply with all ordinances and laws of the City of Paducah and Commonwealth of Kentucky in the operation of the business pursuant to this contract, including 454 the purchase from the City of Paducah of any required business licenses." SECTION 2. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners February 9, 1971 Recorded by Sarah Thurman, City Clerk, February 9, 1971.