HomeMy WebLinkAboutMO #2933MUNICIPAL ORDER NO. 2933
A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE
EXECUTION OF A NEW CONCESSION AGREEMENT AMONG CITY OF
PADUCAH, MCCRACKEN COUNTY, KENTUCKY AND OSCAR CROSS
BOYS AND GIRLS CLUB OF PADUCAH, INC.
WHEREAS, the City took fee title to certain lands totaling 3.62 acres, from the United
States of America, hereinafter referred to as the "USA", as surplus property, known as the Armory,
and deeded to the City on February 28, 2012; and
WHEREAS, the City approved Municipal Order No. 1767 and Municipal Order No. 2150
to lease the Premises to Oscar Cross Boys and Girls Club of Paducah, Inc. ("Oscar Cross"); and
WHEREAS, City has determined that it is necessary to enter into a new agreement
("Concession Agreement") with Oscar Cross in compliance with the requirements of the Secretary of
the Interior or his/her delegated representative, National Park Service (NPS).
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY,
AS FOLLOWS:
Section 1. The Board of Commissioners hereby approves the Concession Agreement
among the City and Oscar Cross in substantially the form attached hereto as Exhibit A and made
part hereof. It is further determined that it is necessary and desirable and in the best interests of
the City to enter into the Concession Agreement for the purposes therein specified, and the
execution and delivery of the Concession Agreement is hereby authorized and approved. The
Mayor of the City is hereby authorized to execute the Concession Agreement together with such
other agreements, instruments or certifications which may be necessary to accomplish the
transaction contemplated by the Concession Agreement.
Section 2. All resolutions, orders or parts thereof in conflict with the provisions of this
Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall
prevail and be given effect.
Section 3. This Order shall be in full force and effect on and after the date as approved by the
Board of Commissioners of the City of Paducah, Kentucky.
10
Mayor George Bray
ATTEST:
Ca la a S o S G� (' ��
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, July 23, 2024
Recorded by City Clerk, July 23, 2024
MO\concession agreement — Oscar Cross — 2956 Park Avenue
EXHIBIT A
Concession Agreement
This Concession Agreement, hereinafter referred to as the "Agreement" is made and
entered into this day of 2024, between the City of Paducah, hereinafter
referred to as the "City", and the Oscar Cross Boys & Girls Club of Paducah, a Kentucky nonprofit
corporation, hereinafter called the "Concessionaire."
WHEREAS, the City took fee title to certain lands totaling 3.62 acres, from the United
States of America, hereinafter referred to as the "USA", as surplus property, known as the Armory,
and deeded to the City on February 28, 2012. Said Quitclaim Deed (hereinafter "Deed") is attached
and hereinafter referred to as Exhibit A; and
WHEREAS, Condition No. 3 of said Deed provides that the City shall not sell, lease,
assign or otherwise dispose of the premises, except to another eligible government agency.
However, nothing in this provision shall preclude the City from providing related recreational
facilities and services compatible with the approved application, through concession agreements
entered into with third parties, provided prior concurrence to such agreements is provided in
writing by the Secretary of the Interior or his/her delegated representative, National Park Service
(NPS); and
WHEREAS, the City and Concessionaire desire to provide public recreational space at the
Armory for the use and benefit of the general public; and
WHEREAS, the City is satisfied that the provision of additional services and facilities at
the Armory is in the City's best interest.
NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual
covenants and agreements as hereinafter set forth, the City agrees to allow Concessionaire to
provide public recreational space for children's program services and facilities, including, but not
limited to, after-school programs and summer programs, hereinafter to be mentioned upon the real
property described in Exhibit A attached hereto and incorporated herein by this reference and
located at the Armory.
1. Location: The City hereby assign to the Concessionaire the use of the buildings and land
which is located on the property as described in Exhibit B (hereinafter "Assigned
Premises').
2. Use of Assigned Premises:
(a) Concessionaire shall use, occupy and maintain the Assigned Premises in a business like,
careful, clean and non -hazardous manner for the sole purpose of providing public
recreational space for children's program services and facilities, including, but not limited
to, after-school programs and summer programs, pursuant to the Boys & Girls Clubs of
America's mission statement; Such use shall be considered Concessionaire's concession
operation (hereinafter "Concession Operation");
(b) Concessionaire shall conduct the Concession Operation in strict compliance with, and
subject to all of the restrictions, covenants, terms and provisions imposed by the Secretary
on the Assigned Premises as set forth in Exhibit A;
(c) Written approval by the City and written concurrence by the Secretary or his/her
delegated representative, NPS, shall be required for any other proposed use(s) in
conjunction with or in addition to those specified in this Agreement.
(d) The Assigned Premises includes a storage building located on the property, in which
the City is currently storing City -owned property. The City shall retain the right to store
City -owned property in this building until March 1, 2024.
3. Restrictions and Environmental and Usage Conditions: Concessionaire is hereby
informed and does acknowledge that friable and non -friable asbestos or asbestos containing
material (ACM) has been found on the Property. Concessionaire is hereby informed and
does acknowledge that all buildings on the Property, which were constructed or
rehabilitated prior to 1978, are presumed to contain lead-based paint. See Exhibit A for full
disclosures and all usage conditions.
4. Term: This Agreement shall be for a period of twenty (20) years (the "Initial Term"
commencing on the day of , 2023 (the "Commencement Date") and
terminating on the day of , 2043.
5. Concession Payments: Upon the Commencement Date of the term, Concessionaire shall
pay the City one dollar and no cents ($1.00) per year for the concession to the use the
Assigned Premises.
6. Concessionaire's Records and Documents: With respect to all matters covered by this
Agreement, concessionaire's records and documents shall be subject at all times to
inspection, review, or audit by the City or its designee. Concessionaire will supply City or
its designee with any documentation that may be needed by the City to file required
compliance reports to the NPS.
7. Licenses and Permits: All necessary licenses and permits to operate concession on the
Assigned Premises must be obtained from the appropriate offices before operation may
begin. All licenses are subject to Code of Enforcement for safety, health and fire
inspections.
8. Taxes: Concessionaire shall assume and pay all of the real estate taxes and assessments
that are levied against the Assigned Premises. Concessionaire shall assume and pay all
personal property taxes that are levied against Concessionaire's trade fixtures, equipment,
and inventory, and all of the taxes that are assessed against Concessionaire's business
operations.
9. Operating Expenses and Utilities: Concessionaire is solely responsible for all operating
expenses and utilities, as well as the costs associated with installation/upgrade of systems
that are required by building codes and local ordinances relating to safety, health, and fire.
These systems must meet all local, state and federal requirements.
10. Non-discrimination: City and Concessionaire agree to comply with all Federal laws
relating to nondiscrimination in connection with any use, operation, program, or activity
on or related to the previously described property, including, but not limited to:
• All requirements imposed by or pursuant to the non-discrimination regulations of
the U.S. Department of the Interior (43 C.F.R. Part 17);
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-1), which prohibits
discrimination on the basis of race, color, or national origin;
• The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which
prohibits discrimination on the basis of age;
• Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicap;
• The Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151), which
requires facilities located on the property to be accessible to the physically
handicapped; and
• The Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which requires
that no otherwise qualified handicapped individual shall, solely by reason of his or
her handicap, be excluded from the participation in, be denied benefits of, or be
subject to discrimination under any program or activity receiving Federal financial
assistance.
• Executive Order 13672, which prohibits discrimination on the basis of sex, sexual
orientation, or gender identity.
11. Historic and Cultural Properties: As required in Exhibit A, City and Concessionaire will
adequately ensure the preservation of the property per the covenants stated therein. Any
proposed changes to the structures on the Assigned Premises require consultation with the
State Historic Preservation Office (SHPO).
12. Alterations and Improvements: Concessionaire may not make alterations or
improvements to the Assigned Premises without written consent of the City Manager
representing the City. Such written consent will not be unreasonably withheld or delayed.
If structural changes are required, the Concessionaire shall arrange for and supervise all
necessary construction work and be responsible for all costs associated with providing the
changes. All construction work must comply with the Historic and Cultural Properties
section of this agreement.
13. Reversion: Concessionaire acknowledges that the Property, including the Assigned
Premises, is subject to the possibility of reversion back to the United States without
compensation being paid to the Concessionaire should there be a material breach of
noncompliance by the City or the Concessionaire for not adhering to the Deed covenants,
restrictions and agreements set forth in Exhibit A.
14. Maintenance and Repair: The Concessionaire shall at its sole cost and expense maintain
the Assigned Premises in good condition and perform such repairs that become necessary
from time to time during the term of this Agreement and any renewals hereof as set forth
herein.
15. Inspection of Concession Areas: Concessionaire shall allow the City, or its designee
and/or the Secretary's designated representative, NPS, at any and all reasonable times to
inspect the Assigned Premises, including for improvement thereon.
16. Indemnitv: Concessionaire hereby expressly agrees to indemnify, save and hold
harmless, and defend the City and the United States against all fines, claims, damages,
liens, losses, judgments, and expenses arising out of, or from any act or omission by the
Concessionaire and its representatives, agents, employees, or any others in or on the
Assigned Premises or the Property on the Concessionaire's behalf.
17. Insurance: Concessionaire shall, at its own expense, provide such commercial general
liability insurance that will protect Concessionaire and the City from all claims for damages
to property and persons, including death, and particularly the use of products prepared,
and/or sold, which may arise in the operation of the activities conducted under this
Agreement or anyone directly or indirectly employed by Concessionaire. All policies shall
name the City as an additional insured. The commercial general liability insurance shall
provide limits of not less than $1,000,000 each occurrence combined single limit for bodily
injury and property damage liability. $2,000,000 general aggregate including products and
completed operations. As required by the law of the state of Kentucky, Concessionaire
shall provide Worker's Compensation Insurance covering all person's employed by
Concessionaire. Concessionaire agrees to provide evidence to the City that insurance is
current based on subsequent renewal information.
18. Concurrence by Secretary of the Interior. The Secretary of the Interior or his/her
designated representative, NPS, has issued their concurrence to the execution of this
Concession Agreement, as shown on Exhibit C attached hereto.
19. Assignment and Subletting: Concessionaire shall not assign this Agreement or any
interest therein, nor let or sublet the said premises or any part thereof or any right or
privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any
other person. Said let or underlet shall be grounds for termination of Agreement by the City
or possible reversion by the United States.
20. Amendment to Concession Agreement: This Agreement contains all the terms and
conditions between the parties, and no alteration, amendment, or addition hereto shall be
valid unless in writing and signed by both parties with written concurrence by the Secretary
of the Interior or his/her delegated representative, NPS.
21. Laws and Regulations: Concessionaire is aware of and agrees that it will use the Assigned
Premises so as to conform with deeded environmental and usage controls and not violate
any laws, regulations and /or requirements of the United States of America and/or State of
Kentucky and/or any ordinance, rule or regulation of the City now or hereafter made,
relating to the use of the Assigned Premises.
22. Signage: Concessionaire shall place no sign or advertisement upon any location of the
Assigned Premises unless prior written approval has been granted by the City Manager
representing the City, and the City Manager shall have the right, without first notifying
Concessionaire, to remove at the expense of Concessionaire, any sign or signs that may be
erected without prior approval. Any signage already present on the Assigned Premises prior
to the date of this Agreement is hereby approved.
23. Surrender and Waste: Concessionaire agrees that upon expiration of this Agreement or
earlier termination thereof, it shall surrender the Assigned Premises to the City in as good
or better condition as they were in at the time of execution of this Agreement, ordinary
wear excepted. Concessionaire further agrees that it shall permit no waste nor suffer the
same to be committed, nor injure nor misuse the Assigned Premises, and that upon
termination of this Agreement for any reason, Concessionaire shall remove any of its
personal property not belonging to the City within thirty (30) days of such termination.
24. Liens: Concessionaire shall keep the Assigned Premises free from any and all liens arising
out of any work performed, materials furnished, or obligations incurred by Concessionaire
during the term of this Agreement or any extension or renewal thereof.
25. Waiver: Failure of either party to complain of any act or omission on the part of the other
party, no matter how long the same may continue, shall not be deemed to be a waiver by
said party of any of said party's rights hereunder. No waiver by either party at any time,
expressed or implied, of any breach of any provision of this Agreement shall be deemed a
waiver of breach of any other provision of this Agreement or a consent to any subsequent
breach of the same or any other provision. If any action by either party shall require the
consent and approval of the other party, the other party's consent to or approval of such
action on any one occasion shall not be deemed to be a consent to or approval of said action
on any subsequent occasion. Any and all rights and remedies which either party may have
under this Agreement, upon any breach, shall be distinct, separate and cumulative and shall
not be deemed inconsistent with each other; and no one of them, whether exercised by said
party or not, shall be deemed to be an exclusion of any other.
26. Termination: This Agreement shall terminate automatically upon the occurrence of any
one or more of the following events:
a. The City unilaterally terminates the Agreement upon one hundred and eighty (180)
days written notice for any cause whatsoever and specifying the date of termination.
b. The Concessionaire unilaterally terminates the Agreement upon one hundred and
eighty (180) days written notice for any cause whatsoever and specifying the date of
termination.
c. Concessionaire materially violates any provision of the Agreement.
d. The expiration of the term of this Agreement or any renewal thereof.
27. No Conveyance: Nothing in this Agreement conveys, or shall be construed as conveying,
any estate or interest in the Assigned Premises, or in any of the Property described in
Exhibit A, from the City to the Concessionaire, nor does this Agreement surrender absolute
control over and possession of the Assigned Premises to the Concessionaire. The City, by
this Agreement, conveys, and the Concessionaire, by this Agreement, receives only such
authority as is set forth in this Agreement, and that may be necessary and appropriate to
use the Assigned Premises in a manner that is consistent with the Concession Operation
specified herein.
28. Acknowledgement: This Agreement and the obligations of the parties hereto are subject
to the terms and conditions set forth in the Deed from the United States of America to the
City, dated February 28, 2012, and recorded at the McCracken County Clerk's Office at
Book 1229, Page 247 (attached hereto as Exhibit A), and the current Program of Utilization
which governs the use of the Assigned Premises. Violations of the said terms and
conditions may be grounds for reversion to the United States of America, at its discretion
and termination of this Agreement. In the event of a reversion as described in this
paragraph, Concessionaire -owned personal and real property improvements associated
with the Assigned Premises, may be subject to seizure, without compensation, by the
United States.
29. Notice: Any notice by either party to the other shall be in writing and shall be deemed to
be given only if delivered personally or mailed by registered or certified mail as follows:
City:
City Manager
City of Paducah
P.O. Box 2267
Paducah, Kentucky 42002-2267
Concessionaire:
Oscar Cross Boys & Girls Club of Paducah
2956 Park Avenue
Paducah, Kentucky 42003
Other addresses may be established as the parties hereto may designate by written notice
to the other party and delivered in accordance with the provisions of this paragraph.
30. Governing Law: This Agreement shall be construed in accordance with and governed by
the laws of the Commonwealth of Kentucky.
31. Severability: If any term or other provision of this Agreement, or any portion thereof, is
invalid, illegal or incapable of being enforced by any rule of law or public policy, all other
terms and provisions of this Agreement, or remaining portion thereof, shall nevertheless
remain in full force and effect so long as the economic or legal substance of the transactions
contemplated hereby is not affected in any manner materially adverse to any party.
IN WITNESS WHEREOF, the City has authorized George P. Bray, Mayor, representing the City
to sign this Agreement and Concessionaire has approved the Agreement and signed as of the date
first noted above.
THE CITY OF PADUCAH
BY: GEORGE P. BRAY
ITS: MAYOR
OSCAR CROSS BOYS & GIRLS CLUB OF PADUCAH
BY:
ITS:
STATE OF KENTUCKY )
) ss
COUNTY OF MCCRACKEN )
On this day of , 2023 before me, George P. Bray, personally appeared,
representing the City, known to be the person described in the foregoing instrument. and
acknowledged that he executed the same in the capacity therein stated and for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand.
Notary Public
My Commission Expires:
STATE OF KENTUCKY )
ss
COUNTY OF MCCRACKEN )
On this day of 2023 before me, representing
Oscar Cross Boys & Girls Club Of Paducah, known to be the person described in the foregoing
instrument and acknowledged that he/she executed the same in the capacity therein stated and for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand.
Notary Public
My Commission Expires:
EXHIBIT A
(Quitclaim Deed)
CONCESSION AGREEMENT
EXHIBIT A 247
NAR 1) 5 ni?
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the Secretary of the
Interior, acting by and through the Southeast Regional Director, National Park Service,
under and pursuant to the power and authority contained In the provisions of the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations and orders
promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the
perpetual use of the hereinafter described premises for public park and public recreation
area purposes by the City of Paducah, Kentucky (hereinafter designated "Grantee"), does
hereby release end quitclaim to Grantee, and to its successors and assigns, subject to the
reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and
set forth, all Grantor's right, title and interest in and to the following approximately 3.62
acres of property, more or less, located 2956 Park Avenue, on the Paducah Memorial
Army Reserve Center, Paducah, McCracken County, Kentucky with improvements
consisting of two buildings (an 11,424 square foot administration building and a 2,740
square foot maintenance building), more particularly described in Exhibit A attached hereto
and made a part hereof (hereafter "the Property").
Grantor expressly reserves from this conveyance all mineral rights in the Property,
including, but not limited to coal, oil, gas, aged organic rich shales, and any other minerals
on. in and under the Property. Further, Grantee reserves the right to enter upon the
Property to prospect for and produce such minerals. Grantee, it successors and assigns,
shall not engage in, authorize, permit, or suffer the extraction, production or exploitation of
any minerals. Grantee, by the acceptance of this Deed, further covenants and agrees for
itself, its successors and assigns, that should an extraction, production or exploitation of
minerals on or under the described Property occur; (i) it will hold all payments, bonuses,
delayed rentals, or royalties in trust for Grantor, and (it) that all net revenues and
proceeds resulting from the extraction production or exploitation of any minerals by
Grantee, its successors and assigns, will be held in trust for and promptly paid to Grantor.
Nothing herein shall be construed as authorizing the Grantee to engage in the extraction,
production or exploitation of minerals, in and on, or under the Property.
TOGETHER WITH all and singular the tenements. hereditaments, and
appurtenances thereunto appertaining: and every right, title, or Interest, legal or equitable,
of Grantor in and to the Property herein conveyed, Including all right, title, and interest
which the Grantor may have in, under or appurtenant to the Property and all right, title and
interest in any alleys, roads, streets, ways, strips, gores, or railroad rights-of-way abutting
or adjoining said lands, and in any means of ingress or egress appurtenant thereto,
excepting any rights as herein specifically reserved or excepted.
SUBJECT TO all valid and existing restrictions, reservations, covenants, conditions,
and easements, including but not limited to rights-of-way for railroads, public roads,
highways, utilities, pipelines, if any, whether of record or not.
TO HAVE AND TO HOLD the Property, together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest or claim whatsoever of the said Grantor, either in law or equity, subject to the
page 1 of 10
248
reservations, exceptions, restrictions, conditions and covenants herein expressed and set
forth, unto the Grantee, its successors and assigns, forever.
Pursuant to authority contained in the Federal Property and Administrative Services
Act of 1949, as amended, and applicable rules, regulations and orders promulgated
thereunder, and authority given to the Secretary of Defense, dated September 13, 1991,
Pursuant to the Base Closure and Realignment Act of 1990, as amended [Pub. L. No.
101-510, 10 U.S.C. §2687 note], and a re -delegation of authority to the Secretary of the
Army, the Department of the Army determined the Property to be surplus to the needs of
the United States of America and assigned the Property to the Department of the Interior
for further conveyance to the City of Paducah, Kentucky.
It is agreed and understood by and between the Grantor and Grantee, and the Grantee,
by its acceptance of this deed, does acknowledge its understanding of the agreement, and
does covenant and agree to itself, and its successors and assigns, forever, as follows:
1. The Property Shall be used and maintained for the public purposes for which it
was conveyed in perpetuity as set forth in the Program of Utilization and plan contained In
the application, submitted by the Grantee on January 20, 2008, which program and plan
may be amended from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendments shall be added to and
become a part of the original application.
2. The Grantee shall, within Ei months of the date of this deed of conveyance,
erect and maintain a permanent sign or marker near the point of principal access to the
Property which says:
This park land was acquired through the FEDERAL LANDS TO PARKS
PROGRAM of the United States Department of the Interior, National Park
Service, for use by the general public.
3. The Property shalt not be sold, leased, assigned, or otherwise disposed of
except to another eligible governmental agency that the Secretary of the Interior agrees in
writing can assure the continued use and maintenance of the Property for public park or
public recreational purposes subject to the same terms and conditions in the original
instrument of conveyance. Any mortgage, lien, or any other encumbrance not wholly
subordinate to the reverter interest of the Grantor shall constitute an impermissible
disposal. However, this provision shall not preclude the Grantee and its successors or
assigns from Issuing revenue or other bonds related to the use of the Property to the
extent that such bond shall not in any way restrict, encumber, or constitute a lien on the
Property. Further, nothing in this provision shall preclude the Grantee from providing
related recreational facilities and services compatible with the approved Application, through
concession agreements entered into with third parties, provided prior concurrence to such
agreements is obtained in writing from the Secretary of the Interior.
4. From the date of this Deed, the Grantee, its successors and assigns, shall
submit biennial reports to the Secretary of the Interior, setting forth the use made of the
Property during the preceding 2 -year period, and other pertinent data establishing its
continuous use for the purposes set forth above, for ten consecutive reports and as further
Page 2 of 10
E�MF:7
determined by the Secretary of the Interior.
S. All revenue received by the Grantee through concession agreements, use
permits, or other fees generated by activities on the Property shall be used only for the
implementation of an approved Program of Utilization or the operation of park and
recreation facilities and programs on the Property. After the Program of Utilization is
completed, and as long as the Property is properly and sufficiently operated and
maintained, the revenue may be used for other public park and recreational purposes by
the Grantee. Any revenue received by the Grantee which is generated on or by the
operation of the Property shall not be used for non -recreational purposes. Any revenue
received by the Grantee which is generated through the operation of the Property shall be
listed and accounted for in its biennial reports to the National Park Service.
6. The Grantor, and any representative it may so delegate, shall have the right of
entry upon the Property at any time to conduct inspections of the Property for the purpose
of evaluating the Grantee's compliance with the terms and conditions of this deed.
7. As part of the consideration for the Deed, the Grantee covenants and agrees
for itself, its successors and assigns, that (1) the program for or in connection with which
this Deed is made will be conducted in compliance with, and the Grantee, its successors
and assigns, will comply with all requirements imposed by or pursuant to the regulations of
the Department of the Interior in effect on the date of this Deed (43 C.F.R. Part 17)
issued under the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
1); (2) this covenant shall be subject in all respects to the provisions of said regulations;
(3) the Grantee, its successors and assigns, will promptly take and continue to take such
action as may be necessary to effectuate this covenant; (4) the United States shall have
the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors
and assigns, will (a) obtain from each other person (any legal entity) who, through
contractual or other arrangements with the Grantee, its successors and assigns, is
authorized to provide services or benefits under said program, a written agreement
pursuant to which such other person shall, with respect to the services or benefits which
he is authorized to provide, undertake for himself the same obligations as those imposed
upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of
such agreement to the Secretary of the Interior, or his successor; and that this covenant
shall run with the land hereby conveyed, and shall in any event, without regard to
technical classification or designation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable
by the Grantor against the Grantee, its successors and assigns.
8. The Grantee, and each of its successors and assigns, agrees to comply with
the requirements of Public Law 90-480 (82 Stet. 718), the Architectural Barriers Act of
1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), and the Americans with
Disabilities Act of 1990 (104 Stat. 337) to assure that development of facilities on the
Property are accessible to the physically handicapped; and, further assure in accordance
with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise
qualified handicapped individual shall solely by reasons of his or her handicap be excluded
from participation in, be denied benefits of, or be subjected to discrimination under any
program or activity at the Property receiving Federal financial assistance.
Page 3 of 10
250
9. The Grantee shall be On the lookout for archeological artifacts during any
construction activities and shall take appropriate action should any artifacts be discovered.
Grantee shall comply With the provisions of 36 C.F.R. Part 800, regarding protection of
historic and cultural properties. Grantee's development plans shall avoid sites identified by
a Cultural Resources Assessment of the Property, and, prior to any alteration or
construction on the Property, Grantee shall consult with the Kentucky State Historic
Preservation Office.
10. The Grantee, and each of its successors and assigns, covenants and agrees
to comply with the National Environmental Policy Act of 1969, as amended, the 1977
Amendments to the Federal Water Pollution Control Act (Clean Water Act of 1977), the
Federal Disaster Protection Act of 1973 (87 Stat 975), Executive Order 11288, relating to
the evaluation of flood hazards, Executive Order 11990 (May 24, 1977) for Protection of
Wetlands and Executive Order 11988 (May 24, 1977) for Floodplain Management and
the Endangered Species Act of 1973, where and to the extent said Amendments and
Orders are applicable to the Property, and Grantee shall be subject to any use restrictions
issued under said Amendments and Orders. Further, the Grantee, and each of its
successors and assigns, covenants and agrees to save the Grantor harmless in the event
of damage to the Property or injury or loss of life resulting directly from flooding of the
Property.
11. The Grantee, by acceptance of this Deed, acknowledges that it has received
the following notice of hazardous substance activity and reservation of access by the
Grantor concerning the Property. Each of these statements is given by the Grantor In
compliance with Section 120(h)(4) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. T 9620(h)(4):
(A) NOTICE REGARDING HAZARDOUS SUBSTANCE ACTIVITY.
Pursuant to section 120(h)(4)(D)(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(0)(j)). and based upon a
complete search of agency files, the United States gives notice that no hazardous substances
have been stored for one year or more, or known to have been released or disposed of, on
the Property.
(B) CERCLA COVENANT.
The Grantor warrants that any response action or corrective action found to be
necessary after the date of this deed for contamination existing on the Property prior to
the date of this deed shall be conducted by the United States.
(C) ACCESS.
(1) The United States retains and reserves a perpetual and assignable easement and right of
access on, Over, and through the property, to enter upon the property in any case in which
an environmental response action or corrective action is found to be necessary on the part of
the United States, without regard to whether such environmental response action or corrective
action is on the Property or on adjoining or nearly lands. Such easement and right of access
includes, Without limitation, the right to perform any environmental investigation, survey.
Page 4 of 10
251
monitoring, sampling, testing, drilling. boring, coring, test -pitting, installing monitoring or
pumping wells or other treatment facilities, response action, corrective action, or any other
action necessary for the United States to meets its responsibilities under applicable laws and
as provided for in this Instrument. Such easement and right of access shall be binding on the
Gmntee, its successors and assigns, and shall run with the land.
(2) in exercising such easement and right of access, the United States shall provide the
Grantee or its successors or assigns, as the case may be, with reasonable notice of its intent
to enter upon the Property and exercise Its rights under this covenant, which notice may be
severely curtailed or even eliminated in emergency situations. The United States shall use
reasonable means, but without significant additional costs to the United States, to avoid and
to minimize interference with the Grantee's and the Grantee's successors' and assigns' quiet
enjoyment of the property. Such easement and right of access includes the right to obtain
and use utility services, including water, gas, electricity, sewer, and communications services
available on the Property at a reasonable charge to the United States. Excluding the
reasonable charges for such utility services, no fee, charge, or compensation will be due the
Grantee nor its successors and assigns, for the exercise of the easement and right of access
hereby retained and reserved by the United States.
(3) In exercising such easement and tight of access, neither the Grantee nor its successors
and assigns, as the case may be, shall have any claim at law or equity against the United
States or any officer or employee of the United States based on actions taken by the United
States or officers, employees, agents, contractors of any tier, or servants pursuant to
and in accordance with this clause: Provided, however, that nothing in this paragraph
shall be considered as a waiver by the Grantee and its successors and assigns of any
remedy available to mem under the Federal Tort Claims Act.
12. PROPERTY "AS IS".
(A) The Grantee acknowledges that it has inspected or has had the opportunity to
inspect the Property and accepts the condition and state of repair of the subject
Property. The Grantee understands and agrees that the Property and any part thereof
is offered "AS IS" without any representation, warranty, or guaranty by the Grantor as
to quantity, quality, title, character, condition, size or kind or that the some is in
condition or fit to be used for the purpose(s) intended by the Grantee, and no claim for
allowance or deduction upon such grounds will be considered.
(B) No warranties, either express or Implied, are given with regard to the condition of
the Property, including, without limitation, whether the Property does or does not
contain asbestos or lead-based paint. The Grantee shall be deemed to have relied
solely on its own judgment in assessing the overall condition of all or any portion of the
Property, including, without limitation, any asbestos, lead-based paint, or other
conditions on the Property. The failure of the Grantee to inspect or to exercise due
diligence to be fully informed as to the condition of all or any portion of the Property
offered, will not constitute grounds for any claim or demand against the United States.
(C) Nothing in this "As Is" provision will be construed to modify or negate the
Grantors obligation under the CERCLA Covenant or any other statutory obligations.
Page 5 of 10
252
13. HOLD HARMLESS.
(A) To the extent authorized by law, the Grantee, its successors and assigns,
covenant and agree to indemnify and hold harmless the Grantor, its officers, agents,
and employees from (a)any and all claims, damages, judgments, losses, and costs,
including fines and penalties, arising out of the violation of the NOTICES, USE
RESTRICTIONS, AND RESTRICTIVECOVENANTS in this Deed by the Grantee, its
successors and assigns, and (b) any and all claims, damages, and judgments arising
out of, or in any manner predicated upon, exposure to asbestos, lead-based paint, or
other condition on any portion of the Property after the date of conveyance.
(B) The Grantee, its successors and assigns, covenant and agree that the Grantor
shall not be responsible for any costs associated with modification or termination of the
NOTICES, USE RESTRICTIONS, AND RESTRICTIVE COVENANTS IN THIS Deed,
including without limitation, any costs associated with additional investigation or
remediation of asbestos, lead-based paint, or other condition on any portion of the
Property.
(C) Nothing in this Hold Harmless provision will be construed to modify or negate the
Grantor's obligation under the CERCLA Covenant or any other statutory obligations.
14. POST -TRANSFER DISCOVERY OF CONTAMINATION.
(A) If an actual or threatened release of a hazardous substance or petroleum product is
discovered on the Property after the date of conveyance. Grantee, its successors or assigns,
shall be responsible for such release Or newly discovered substance unless Grantee is able
to demonstrate that such release or such newly discovered substance was due to Grantors
activities, use, or ownership of the Property. If the Grantee, is successors or assigns believe
the discovered hazardous substance is due to Grantors activities, use or ownership of the
Property, Grantee will immediately secure the site and notify the Grantor of the existence of
the hazardous substances, and Grantee will not further disturb such hazardous substances
without the permission of the Grantor.
(B) Grantee, its successors and assigns, as consideration for the conveyance of the Property
agree m release Grantor from any liability or responsibility for any claims arising solely out of
the release of any hazardous substance or petroleum product on the Property occurring after
the date of the delivery and acceptance of this Deed, where such substance or product was
placed on the Property by the Grantee, or its successors, assigns, employees, invitees, agents
or contractors, after the conveyance. This paragraph shall not affect the Grantors
responsibilities to conduct response actions or corrective actions that are required by
applicable laws, rules and regulations or the Grantors indemnification obligations under
applicable laws.
1s. The Gmnla's obligation to pay or reimburse any money under this Deed is subject to
the availability of funds appropriated for this purpose to the Deparunem of the Amy, and nothing in
this Deed shall be interpreted to require obligations or payments by the Grantor in violation of the Anti -
Deficiency Act, 31 U.S.C. Section 1341.
16. The Grantee, by acceptance of this Deed, acknowledges that it has received
the following notice of the following Environmental Protection Provisions concerning the
Page 6 of 10
25a
Property. The Grantee further acknowledges and agrees that d shall neither transfer the
Property, lease the Property, nor grant any interest privilege, or license whatsoever in connection
with the Property, without the inclusion of the following Environmental Protection Provisions and
shall require the inclusion of the Environmental Protection Provisions in all further deeds,
easements, transfers, leases, or grant of any interest, privilege or license.
ENVIRONMENTAL PROTECTION PROVISIONS
(A) NOTICE OF THE PRESENCE OF ASBESTOS AND COVENANT.
(1) The Grantee is hereby informed and does acknowledge that friable and non -friable
asbestos or asbestos containing material (ACM) has been found in buildings on the Property.
The Property may also contain improvements such as buildings, facilities, equipment and
pipelines, above and below ground, that contain friable and non -friable asbestos or ACM. The
Occupational Safety and Health Administration (OSHA) and the Environmental Protection
Agency have determined that unprotected or unregulated exposure to airborne asbestos fibers
increases the risk of asbestos-related diseases, including certain cancers that can result in
disability or death.
(2) The Grantee covenants and agrees that its use and occupancy of the Property will be in
compliance with all applicable laws relating to asbestos. The Grantee agrees to be
responsible for any future remediation or abatement of asbestos found to be necessary on
the Property to include ACM in or on buried pipelines that may be required under applicable
law or regulation.
(3) The Grantee acknowledges that it has Inspected or has had the opportunity to inspect the
Property as to its asbestos and ACM condition and any hazardous or environmental
conditions relating thereto. The Grantee shall be deemed to have relied solely on its own
judgment In assessing the overall condition of all or any portion of the Property, including,
without limitation, any asbestos or ACM hazards or concems.
(B) NOTICE OF THE PRESENCE OF LEAD-BASED PAINT (LBP) AND COVENANT
AGAINST THE USE OF THE PROPERTY FOR RESIDENTIAL PURPOSE.
(1) The Grantee Is hereby informed and does acknowledge that all buildings on the Property,
which were constructed or rehabilitated prior to 1978, are presumed to contain lead-based
paint. Lead from paint, paint chips, and dust can pose health hazards If not managed
properly. Every purchaser of any interest in Residential Real Property on which a residential
dwelling was built prior to 1978 is notified that there is a risk of exposure to lead from lead-
based paint that may place young children at risk of developing lead poisoning.
(2) The Grantee covenants and agrees that it shall not permit the occupancy or use of any
existing buildings or structures on the Property as Residential Property, as defined under 24
Code of Federal Regulations Part 35, without complying with this section and all applicable
federal, state and local laws and regulations pertaining to lead-based paint and/or lead-
based paint hazards. Prior to permitting the occupancy of the Property where its use
subsequent to sale is intended for residential habitation, the Grantee specifically agrees to
perform, at its sole expense, the Annys abatement requirements under Title X of the Housing
and Community Development Act of 1992 (Residential Lead -Based Paint Hazard Reduction
Act of 1992).
Page 7 0£ 10
254
(3) The Grantee acknowledges that it has inspected or has had the opportunity to inspect the
Property as to its lead-based paint content and condition and any hazardous or environmental
conditions relating thereto, The Grantee shall be deemed to have relied solely on its own
judgment in assessing the overall condition of all or any portion of the Property, Including,
without limitation, any lead-based paint hazards or concerns.
17. The Grantee shall comply with all applicable Federal, State, and local laws.
regulations and standards that are or may become applicable to the Grantee's activities on
the Property.
18. In the event there is a breach of any of the conditions and covenants herein
contained by the Grantee, its successors and assigns, whether caused by the legal or
other inability of the Grantee, its successors and assigns, to perform said conditions and
covenants, or otherwise, all right, title and interest in and to said premises shall revert to
and become the property of the Grantor at its option, which in addition to all other
remedies for such breach shall have the right of entry upon said premises, and the
Grantee, its successors and assigns, shall forfeit all right, title and interest In said premises
and in any and all of the tenements, hereditaments and appurtenances thereunto
belonging; provided, however, that the failure of the Secretary of the Department of the
Interior to require in any one or more instances complete performance of any of the
conditions or covenants shall not be construed as a waiver or relinquishment of such
future performance, but the obligation of the Grantee, its successors and assigns, with
respect to such future performance shall continue in full force and effect. The Grantee, by
its acceptance of this deed, covenants and agrees for itself, and Its successors and
assigns, that in the event the Grantor exercises its option to revert all right, title, and
interest in the Property to the Grantor, or the Grantee voluntarily returns title to the
Property in lieu of a reverter, then the Grantee shall provide protection to and maintenance
of said Property at all times until such time as the title Is actually reverted or returned to
and accepted by the Grantor, including the period of any notice of intent to revert. Such
protection and maintenance shall, at a minimum, conform to the standards prescribed by
the General Services Administration in Its Federal Property Management Regulations, 41
C.F.R. 101 - 47.402, in effect at the time of the reversion.
IN WITNESS WHEREOF, the Grantor has ca us these presents to be executed in
its name and on its behalf this the -2k'"�" day of ,nbreu c rte 2012.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
Page a of 10
WITNESSES:
STATE OF GEORGIA
COUNTY OF FULTON
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Regional Director
Southeast Region
National Park Service
By: ! l'-
Chris Abbott
Assistant Regional Director For
Partnerships
)ss
3
255
On this Z,Pyt day of r6b ✓u a • V . 2012 before me, the
subscriber, personally appeared, Chris Abbett. ?Assistant Regional Director For
Partnerships, Southeast Region, National Park Service, of the United States Department of
the Interior, a governmental agency of the United States of America, and known to me to
be the some person described in and who executed the foregoing Instrument, as the act
and deed of the United States of America, for and on behalf of the Secretary of the
Interior, duly designated, empowered and authorized so to do by said Secretary and he
acknowledges that he executed the foregoing instrument for and on behalf of the United
States of America for the purposes and uses therein described. _
NOTARY PUBLIC -
My commission expires:
IU�fr��2OiS
T
... �, [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
Page 9 of 10
256
ACCEPTANCE
The foregoing conveyance is hereby accepted and the undersigned agrees,
by this acceptance, to assume and be bound by all the obligations, conditions, covenants
and agreements therein contained
CITY OF ADUCA
MC CKA C
KE U C
By.
William F. .tn.4Mlyr
STATE OFKENTUCKY )
)ss
COUNTY OF MCCRACKEnN ) / )
On this .� ! `day of �[-11SJY1/ 2012, before me, the
undersigned Officer, William F. ' Paxton, Mayor, City of Paducah, Kentucky, personally
appeared, to me known and known to me to be the same person whose name is
subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say
that he is duly designated, empowered and authorized by a Resolution/Certification of
Authority to Acquire Property of the City of Paducah Commission dated September 25,
2007, to execute the foregoing acceptance and sign his name thereto; and that he signed
his name thereto and acknowledges that he executed the foregoing instrument for and on
behalf of the City of Paducah, Kentucky, for the purposes and uses therein described.
�Ovn-ynra�tel c3..81io � %..
NOTARY PUBLIC
My Commission expires:
/7 caro
° ZD 568 $ate
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY[
Page 10 of 10
Exhibit B
EXHIBIT '
A
EXCESS AREA UNITED STATES ARMY RESERVE CENTER
TRACT NO. 100 PADUCAH
McCRACKEN COUNTY, KENTUCKY
LAND DESCRIPTION
Situated in the Commonwealth of Kentucky, County of McCracken,
City of Paducah, at the intersection of U. S. Highway 60 (Park
Avenue) and Cruse Avenue., and a part of Block No. 49, as shown on
plot in Deed Hook "Z", page 27C and 271, in the records of
McCracken County, and more particularly described, as follows:
Beginning at a chiseled "X" in the concrete at the
intersection of the east right: -of -way line of Cruse Avenue with the
south right-of-way line of U.S. Highway 60 (Park Avenue); thence
with the south right-of-way line of U.S. Highway 60
North 89 degrees 52 minutes 13 seconds East 349.97 feet to a
Corps of Engineers aluminum disc on the eastern boundary of the
Reserve Center; thence with said eastern boundary
South 01 degrees 07 minutes 37 seconds East 448.09 feet to a
one -inch pipe on the common boundary of the Brooks Subdivision
(Plat Book H, page 296); thence with said common boundary
South Be degrees 57 minutes 00 seconds West 349.99 feet to a
Corps of Engineers aluminum disc on said east right-of-way line of
Cruse Avenue; thence with said east right-of-way line
North Ol degrees 07 minutes 05 seconds West 453.70 feet to the
point of beginning, containing 3.62 acres, more or less.
24 July 2009, SLG
EXHIBIT
258 p#
EXCESS AREA UNITED STATES ARMY RESERVE CENTER
TRACT NO. 100 PADUCAH
MCCRACKEN COUNTY, KENTUCKY
LAND DESCRIPTION (Cont'd)
The United States of America acquired the above described
land as follows:
By Warranty Deed dated 4 September 1958, from William Eaton,
M. D. and Kathryn M. Eaton, his wife, and recorded in Deed Hook
398, Page 333, in the records of McCracken County.
24 July 2009, SLG
IN REPLY REFER TO: Atlanta Federal Center
1924 Building
100 Alabama St., SW.
Atlanta, Georgia 30303
Custody and Revenue Statement
The City of Paducah, Kentucky, hereby acknowledges that it will assume custody
and accountability of the Federal surplus real property known as the Army Reserve
=Training Center, 2956 Park Avenue, Paducah, Kentucky, on the MAkday of
1-0 .r , 2011, at 12- o'clock,. -p In.
No funds generated on this property will be expended for non -recreation
purposes.
BY'.
Title: N10 -60r,
Date: (PC* 10,2[1ll
STAMOFKFNWGKy Isar.
COUNTY OF "RACIffN
1, JeH Janet, Ct--*of the COUP tY CWafor tie County and State afoteraid, do
ce,aN Mat thePore9dn9 insbument.oa� ;9 201a-
ws lodgad for RIM"
atla t M.otWcK a^certirzle i�yoffiee in logeMu
wth L is na tore9olnh P e xo. 20
BNo. dF.y
Givan under ng handandIhis JEFF ELL, L D.C.
By
CONCESSION AGREEMENT
EXHIBIT B
Situate in the State of Kentucky, County of McCracken, City of Paducah, KY, on U. S. Hwy, No,
60, approximately 2,400 feet east of the west city limits of Paducah, and a part of Block No. 49,
as shown on plot in Deed Book "T', page 270 and page 271, in the records of McCracken
County, KY, more particularly described as follows:
Beginning at the intersection of the east right-of-way of Cruse Ave. with the South right-of-way
of Park Ave., and U. S. Hwy. No. 60, said intersection being 25 feet east of the centerline of
Cruse Ave., and 33 feet south of the centerline of Park Ave., and U. S. Hwy. No. 60; thence with
the south right-of-way of Park Ave., and U. S. Hwy. No., 60, being 33' south of and parallel to
the centerline of said Ave., and Hwy; thence N 87 deg 30' E 350.0 feet to a point in the subject
owner's east boundary line; thence with said boundary and running 350 feet east of and parallel
to the east right-of-way of Cruse Ave; thence S 2 deg 30' E 450,0 feet (passing an iron in at
242.0 feet) to a point; thence severing the subject owner's land and running 450 feet south of and
parallel to the south right-of-way of Park Ave. and U. S. Hwy. No. 60; thence S 87 deg 30' W
350.0 feet to a point in the east right-of-way of Cruse Ave; thence with said east right-of-way of
Cruse Ave., being 25 feet east of and parallel to the centerline of Cruse Ave; thence N 2 deg 30'
W 450.0 feet, more or less, to the point of beginning, containing 3.62 acres, more or less.
Exhibit C
(Concurrence of Secretary of the Interior/NPS)
Lindsay Parish
From: Daron Jordan
.Sent: Monday, December 18, 2023 8:43 AM
To: Lindsay Parish
Subject: Fwd: [EXTERNAL] Oscar Cross Boys& Gids Club Concession Agreement with City of Paducah
Follow Up Flag: Follow up
Flag Status: Flagged
Daron E. Jordan, CEcD
City Manager/ABC Director
City of Paducah, KY
270-444-8503
270-339-5299(C)
300 S 5th Street
PO Box 2267
Paducah, KY 42002
www.paducahkv.gov
From: Barrett, John <John_Barrett@nps.gov>
Sent: Tuesday, December 12, 2023 6:34:40 AM
To: Daron Jordan <djordan@paducahky.gov>
Subject: Re: [EXTERNAL] Oscar Cross Boys & Girls Club Concession Agreement with City of Paducah
Caution: This is anexternal email. Please take care when clicking Jinks or opening attachments. When in doubt, contact
the Technology Department
Mr. Jordan,
We have completed our review of the proposed concession agreement and are pleased to extend our
concurrence. Please provide us with a digital copy of the executed agreement upon its availability.
We appreciate the City's cooperation. Please don't hesitate to contact me with if you have any further
questions or concerns.
Sincerely,
John Barrett
John Barrett
Regional Program Manager
Federal Lands to Parks
National Park Service
100 Alabama St., SW
Atlanta, GA 30303
John_barrett@nps.gov 1 (678)372-6573
1
www,nos.env/fly
From: Baron Jordan cdjordan@paducahky.gov
Sent! Tuesday; November 14, 2023.10:59' AM
To., Barrett, John:<John_Barrett@nps.gcv>
Subiect: [EXTERNAL] Oscar Cross Boys.&Girls Club Concession Agreement with City of Paducah
Thisemall has been_recelved.from outside ofDOI- Use,caution,before,elickingon links, opening attachments, or•
_.
respondlng. _
Mr. Barrett,
Good day. I hope you are doing well. The City is proposing to update its concession agreement with
the Oscar Cross Boys and Girls Club for the old Armory property that was previously' transferred to
the City of Paducah.
Would you mind to review and let me know if there' areany' concerns with said proposal? We would
like to have this action completed by early December if at all possible.
Thank you.
I n If`
PADUCAH
Bann6291
Daron E. Jordan, CEcD
City Manager/ABC Director
City of Paducah, KY
270-444-8503
270-339-5299 (C)
300 S 5m Street
PO Box 2267
Paducah, KY 42002
www.oaducahky.cov
inao-gis.orci
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