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HomeMy WebLinkAboutOrdinances Book 17, Page 50, Ordinance Number 70-2-29250,// ORDINANCE NO. 70-2-292 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF PADUCAH, IENTUCKY, WITH PERRY WALLACE AND WOODROW GILLETTE, JR. FOR THE OPERATION OF A BOAT DOCK AND MARINE 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 Perry Wallace and Woodrow Gillette, 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 , 1970, by and between the CITY OF PADUCAH, KENTUCKY, party of the first part, and PERRY WALLACE and WOODROW GILLETTE, 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 of the hereinafter agreement, 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 on the north line of Broadway, if extended, and the south line of Jefferson Street, if extended. The facilities consist of a barge type craft, approximately 60 feet long and 30 feet wide, a gas dock 20 feet long, and a 60 foot voer 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, popcorn machine, hot dog 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 pumps and one (1) diesel pump are located in the open area for 51 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 authorities. Facilities are provided for the selling of items relating to pleasure boat craft; ie, motors, boats, life preservers, jackets, 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 activity. "For the privileges 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 May 1, 1970. "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 injury or death and for damage of property in the following amount: $100,000 for personal injury or death to any one person; $300,000 for personal injury or death to more than one person resulting from the same accident; $50,000 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 parties of the second part as stated here) to service pleasure boats, to 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 parties of the second part unless authorized by legilsative 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 31, 1970, to the 52 full and complete extent allowed by law. The parties of the second part are to have the privilege of a renewal of this lease agreement for a term to be agreed on between the parties and at a monthly rental based on the gross income and net income of the parties of the second part during the aforesaid period, such amount to be negotiated between the parties and in any event the parties of the second part shall have the privilege of matching any bid offered by any other person or persons. Should parties of the second part default and fail 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. "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 1970, and all terms and conditions contained in said ordinance are made a part hereof. CITY OF PADUCAH, KENTUCKY By: Mayor Perry Wallace Woodrow Gillette, Jr." SECTION 2. All motions, resolutions and ordinances or parts thereof in conflict herewith be, and the same are hereby, repealed to the extent of such conflict. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners February 24, 1970 Recorded by Sarah Thurman, City Clerk, February 24, 1970