HomeMy WebLinkAboutOrdinances Book 10, Page 1083, No Resolution Number1083/
A RESOLUTION APPROVING THE ACCEPTANCE OF THE SUM OF
$14,250.00 BY THE CITY OF PADUCAH, KI?NTUCKY, AND THE COUNTY
OF MCCRACKEN AND STATE OF KENTUCKY AS FULL AND COMPLETE
SATISFACTION OF THEIR CLAIMS AGAINST THE UNITED STATES OF
AM3ERICA ON ACCOUNT OF THE DAT -;AGE TO THE PADUCAH AND MCCRACKEN
COUNTY AIRPORT WHILE LEASED TO THE GOVERNMENT; AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE, FOR AND ON BEIIALF OF
THE CITY OF PADUCAH, AN INSTRUMIENT OF WRITING RELEASING THE
GOVERNMENT FROM ALL LIABILITY TO EFFECT THE RESTORATION OF
SAID AIRPORT AS REQUIRED BY THE TERMS OF SAID LEASE, TOGETHER
WITH AN INVOICE FOR THE RESTORATION OF SAID PREMIISES; AND
PRESCRIBING THE TERMS, CONDITIONS AND COVENANTS TO BE
CONTAINED IPI SAID RELEASE;
WHEREAS on 7 May 1943 a lease was entered into between'
the Lessor and the Government covering The Paducah and McCracken
County Airport, containing 500 acres, more or less, of land,
located near Paducah, Kehtucky, and as more particularly described
in paragraph two of basic lease, for the period 7 May, 1943, to
30 June, 1943 with option of renewal annually thereafter until a
date six months after termination of the unlimited National
Emergency, which lease was duly renewed by the Government to
30 June 1945, inclusive; and,
WHEREAS said lease will terminate on the 10th day of
October, 1943; and,
WHEREAS, the Lessor has given notice that restoration o
.the premises by the Government in accordance with paragraph seven
of said lease will be required; and,
WHEREAS, the Lessor is willing, in lieu of performance by
the Government of the restoration required by said lease, to accept
the sum of Fourteen Thousand Two Hundred and Fifty Dollars (014,250 00)
in full and complete satisfaction of the Governmentfs obligation
to restore the leased premises under the provisions of paragraph
seven of basic lease.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMM1ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1.
That the City of Paducah approve the acceptance of the
sum of x;,14,250.00 by the City of Paducah, Kentucky, and the
County of McCracken and State of Kentucky as full and complete
satisfaction of their slaims against th, United States of
(America on account of the damage to the Paducah and McCracken
County Airport while leased to the Government, and the Mayor
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and the City Clerk are hereby authorized to execute an invoice
for the restoration of said premises, and to enter into and
execute, for and on behalf of the City of Paducah, an Agreement
and Release which shall be in words and figures as follows,
to-wi t:
"NOW THEREFORE, in consideration of the promises, the par-
ties hereto do mutually agree as follows:
"That the Uovernment shall pay to the Lessor, the sum of
Fourteen Thousand Two Hundred and Fifty Dollars ({p14,250.00) as
full and complete satisfaction of the Government's obligation to
effect the restoration required by said lease.
"That the Lessor will, as of 10 October, 1944, assume
custody and the care of the said premises, the Government thereafte3
being relieved from any further responsibility therefor.
"That the Lessor hereby remises, releases and forever
discharges the Government, its officers, agents, and employees, of
and from any and all manner of actions, liability, and claims
(including any unpaid rent for the period ending 10 October, 1944)
against the Eovernment, its officers and agents, which the Lessor
now has or ever will have for the restoration of said premises or
by reason of any other matter, cause or think whatsoever particu-
larly arising out of said lease and the occupation by the lovernmen
of the aforesaid premises.
"That no member of or delegate to Congress or resident
commissioner shall be admitted to any share or part of this agree-
ment or to any benefit to arise therefrom, but this provision
shall not be construed to extend to this agreement if made with
a corporation for its general benefit."
SEC TION 2.
This Resolution hhall be in full force and effect from
and after its adoption.
Passed by the Board of Commissioners, December 1, 1944
Recorded by Rudy Stewart, City Clerk, December 1, 1944.