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Home My WebLink About2021-06-8690232405 ORDINANCE NO. 2021-06-8690 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO LEASE AGREEMENT WITH CREMATION SOCIETY OF PADUCAH,LLC BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Second Amendment to Lease Agreement between the City of Paducah, Kentucky and Cremation Society of Paducah, LLC in substantially the same form attached hereto as Exhibit A and made a part hereof, which Second Amendment allows Cremation Society of Paducah, LLC to operate as a crematory, visitation and ceremonial funeral service establishment, and cremation garden. It is further determined that it is necessary and desirable and in the best interest of the City to enter into this Second Amendment for the purposes therein specified, and the execution and delivery of this Second Amendment is hereby authorized and approved. The Mayor is hereby authorized to execute this Second Amendment with such changes not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the Mayor. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be rea o se ate days and will become effective upon summary publication pursu hapt �4. George Bray ATTEST: mdsay Parish, City Clerk Introduced by the Board of Commissioners, June 8, 2021 Adopted by the Board of Commissioners, June 22, 2021 Recorded by Lindsay Parish, City Clerk, June 22, 2021 Published by The Paducah Sun, June 25, 2021 ORD\agree — second amend — crematorium 2021 Prepared by Holly Homra EXHIBIT A SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") is made this day of 2021, by and between the CITY OF PADUCAH, KENTUCKY ("Lessor"") and CREMATION SOCIETY OF PADUCAH, LLC (a Kentucky limited liability company, 226 North 0' Street, Paducah, Kentucky ("Lessee"). WHEREAS, Lessor entered into a Lease Agreement ("Original Lease") with Evergreen Services of Paducah, LLC ("Evergreen") doing business under the assumed name of Roth Funeral Chapel, which Lease Agreement was dated December 16, 2008; WHEREAS, Lessor and Evergreen entered into an Amendment to Lease Agreement ("Amendment") dated December 9, 2009, which Amendment provided an option to extend the term and authorized the assignment of the Lease from Evergreen to Cremation Society of Paducah, LLC; WHEREAS, Lessor and Evergreen entered into a Memorandum ("Memorandum") on March 26, 2010 for the purpose of further defining the term of the Lease and identifying the leased property, which Memorandum is of record in Deed Book 1187, page 75, in the McCracken County Clerk's Office; and WHEREAS, Evergreen and Cremation Society of Paducah, LLC entered into an Assignment of Lease Agreement under which all of Evergreen's rights title, and interest under the Original Lease, the Amendment, and the Memorandum, were assigned to Cremation Society of Paducah, LLC, as Lessee. WHEREAS, Lessee intends to make certain alterations and improvements to the facility located upon the premises to ensure its compliance with all statutory requirements; and WHEREAS, the Lessee and Lessor agree that certain additional lease modifications are needed in order for Lessee to effectively operate its business upon the leased property and the parties intend to make such modifications with this Second Amendment. NOW, THEREFORE, the parties hereto agree as follows: Section 2 of the Original Lease is hereby deleted in its entirety and replaced with the following: The premises shall be occupied and used by the Lessee as a crematory, visitation and ceremonial funeral service establishment, and cremation garden. Lessee shall not have the right to sublease any portion of the premises. The premises shall not be used for any other purpose without the prior written consent of the City, which consent may be withheld at the sole discretion of the City. The Lessee shall have the right to assign all of its right, title and interest under the Lease to an assignee subject to approval of the Lessor and provided the Assignee shall occupy and use the Premises as a crematory, visitation and ceremonial funeral service establishment, and cremation garden. Lessor hereby approves the assignment by Lessee of its right, title and interest under the Lease to Cremation Society of Paducah, LLC, a Kentucky limited liability company, 433 Monroe Street, Paducah, KY 42001. 2. Section 3 of the Original Lease is hereby deleted in its entirety and replaced with the following: Lessee agrees to construct, at its expense with no capital outlay or contribution by the City, a building for a crematory of approximately 2,000 square feet (hereinafter the "Facility") on the premises, with future expansion to be approved by the City. The Facility will include garage, office space, observation room, refrigeration unit, crematory, visitation and ceremonial funeral service establishment, and cremation garden. Lessee shall provide and install at its costs all furnishings, equipment and fixtures it deems necessary in connection with the operation of the Facility for the purposes as outlined in Section 2 above. Lessee will be responsible for all maintenance and repair of the premises, its facility, and associated areas including parking lots. All repairs, replacements, maintenance, and restoration required of Lessee shall be promptly commenced and diligently prosecuted to completion. All repairs and replacements shall be made in a good and workman like manner, and lessee shall use materials at least equal in quality to the replaced materials when new. In the event that Lessee fails to promptly effectuate any repair or maintenance which it has assumed herein within a reasonable time from when such need arose, or to timely pay and satisfy any cost or expense relating thereto, the City may, at its option, and in addition to any other remedy the City may have, effectuate such restoration or repair or maintenance, or pay and satisfy the costs and expenses, with all costs of such restoration, repair, maintenance or payments made to be the sole responsibility of Lessee. Upon demand, Lessee shall pay promptly to the City all costs incurred for such repair, maintenance or payments made for same. Any unpaid cost and expense incurred by the City shall accrue interest at the legal rate of eight percent (8%). 3. All other terms and provisions, and conditions of the Lease, including the Original Lease, Amendment, and Memorandum, shall remain in full force and effect and shall be binding upon the parties hereto. IN WITNESS WHEREOF, this Second Amendment was executed as of the date first above written. ATTEST: ATTEST: CREMATION SOCIETY OF PADUCAH,LLC David Godfrey, Managing Partner CITY OF PADUCAH, KENTUCKY 12 Mayor By: