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HomeMy WebLinkAboutOrdinances Book 10, Page 1121, No Ordinance Number1121 AN ORDINANCE PROVIDING FOR THE LEASING FROM TEE UNITED STATES OF AMERICA BY THE CITY OF PADUCAH, KENTUCKY, IN CONJUNCTIOII WITH TIIE COUNTY OF MCCRACKEN, KENTUCKY, OF A TRACT OF LAND ON THE SOUTH SIDE OF I'.I3ITUCKY AVENUE BET1WEEN PiINTII STREET AND TE1111I STREE' IIT PADUCAH, KENTUCI:Y, FOR THE 1,7AINTENANCE AND OPERATION OF A CITY - COUNTY HEALTH DEPARTIMN'T UNDER AND PUR3UA11T TO THE' PROVISIONS OF CHAPTER 122 OF THE ACTS OF THE GENERAL ASSEMBLY OF KENTUCKY, 1944 REGULAR SESSION; PRESCRIBING THE TER143 AND CONDITIONS TO BE CONTAI: IN SAID LEASE, THE OPTIO113 FOR REPIEWAL THEREOF, AND THE CONDITIONS UPON WHICH SAID CITY AND COUNTY SHALL BECOME THE O';ILrRS OF SAID LEASED PROPERTY; AND AUTHORIZING THE MA MR, VE OSE SIGNATURE SHALL ATTESTED BY THE CITY CLERK, TO ENTER INTO AND EXECUTE, FOR AIM ON BEHALF OF THE CITY OF PADUCAII, A LEASE AGREEIAEZ"QT AND OPTIOi1 TO PURCIiASE FOR THE PURPOSES THEREIN PROVIDED; AIM APPROPRIATING OUT OF THE REVENUES OF THE CITY OF PADUCAH FOR THE YEAR 1945 THE SIT1d OF 1"9,3659.657 FOR PAYISE11T OF AT PORTION OF THE RENTALS CHAP.GABLE TO THE CITY OF PADUCAH FOI THE USE OF SAID MEALTI1, CENTFR PROPERTY FROLL THE DATE OF ITU COMPLETION Ai:D ACCEPTAIICE BY SAID CITY AlID COUNTY AIM FOR TIIE ORIGI_IAL TERL:3 OF SAID LEASE ESTABLISHED AS HEREINAFTER PROVIDED: WHEREAS, the United States of America, through the Federal '7orks Agency, approved the allocation of funds for tl.e construction of a new public health center upon the hereinafter described real estate lying and being in the City of Paducah, McCracken County, Kentucky, provided said property would be con- veyed to the United States of America and the City of Paducah, and the County of P,icCracken, Kentucky, thereafter lease the same from the United States of America under the terms and upon the condition hereinafter provided; and, '::iIEREAS, said real estate has been conveyed to the United States.of America; NOW THEREFORE, BE IT ORDAINED BY ^'IIE BOARD OF COI,1j,'I3 OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, in conjunction with the County of L'.cCracken, Kentucky, lease the hereinafter described real estate from the United States of America for the purpose of maintaining and operating a city -county health department under and pursuant to Chapter 122 of the Acts of the General Assembly of Kentucky, 1944 Re-ular Session, the same to be under the joint supervision and conis - trol of The Paducah-I'cCracken County Health Department, and 1;1ayne C. .Seaton, the I:ayor of the City of Paducah, whose signature shall be attested by Rudy Stewart, the City Clerk, is hereby authorizeA 1122 and empowered, for and on behalf of said city to enter into and execute a Lease Agreement and Option to Purchase which shall be in words and figures as follows, to -wit: "The United States of America (herein called the "Government") hereby leases to the City of Iaducah and the County of McCracken Kentucky (herein called the "Lessees"), upon the terms and conditins and in consideration of the covenants and agreements of the Lessee hereinafter set forth, the health center war public works facilities identified by the above project number and described below (such wads public works facilities being hereinafter referred to as the "Leasgd property"), for the term of one year beginning and ending (hereinafter called the "Original Term"). The term of this Lease shall be extended, at the option the Lessees, without notice, for successive periods of one year each, until the full purchase price of the Leased Property shall have been paid to the Government in the manner hereinafter provided or until the Lease shall have been terminated by the Lessees or cancelled b the Government in accordance with the terms hereof. "The Leased Property consists generally of a one-story anc part basement brick building with a a:ood roof in the City of Paducah, McCracken County, State of I{entucky, more particularly described a follows: "Beginning at a monument marking the intersection point of the south line of Kentucky ..venue (56 feet wide) and the east line of 10th 6treet (I,iurrell Boulevard, 100 feet wide)• thence South 310 45' East along the east line of loth Street a distance of 160 feet to a monument which is the intersection of t;,e east line of 10theStreet and the north line of a public alley; thence along the north line of said alley North 580 121 45" East a distance of 346.5 feet to a point marked by an iron spike which is the intersection of the North line of said public alley and the west line of 9th Street (60 feet wide); thence along the west line of 9th Street :forth 310 45T I'lest a distance of 160 feet to a point which is the intersection of the wrest line of 9th Street and the south line of Kentucky Avenue; thence alone the south line of Kentucky Avenue South 580 121 45" '.'lest a distance of 346.5 feet to the place of beginning, containing approximately 1.27 acres. to;-et'er with all buildings, structures and improvements constructed in, over and upon said land and all other buildings, structures and prov&ments which together with t'ie foregoin constitute the Leased Property generally described above, and all facilities, equipment, furnishings, fixtures, appurtenances and supplies installed in or located at the Leased Property on the date of this Lease or ther provided by the jovernment, a detailed inventory of which is to be prepared and signed by representatives of the Uovernment and the Lessees. 1123 "Possession of the Leased Froperty will be delivered to th Lessees on or before the date specified herein as the beginning da of the OriCinal Term. "In consideration of the foregoing, the Lessees, jointly a severally, covenant and agree that following delivery to them of possession of the Leased Property: "(a) They will use the Leased Property during the term of Lease and each renewal thereof in an efficient, economical and pro manner, and for the purpose for which the Leased Property was inte and for which it was acquired by the Government and delivered to the Lessees: "(b) At their own expense, they will maintain and keep the Leased Property in food repair and operatin^ condition, and immedi upon the termination or cancellation of this Lease as herein provi will return the same to the Government in as good condition and st of repair as the Leased Property is in -when completed and delivere to the Lessees, reasonable wear and tear and loss or damage caused by act of God or war excepted; "(c) They will pay each and every cost, expense, charge, 1 obli.-atioh, levy, fee, assessment and tax incurred by the Lessees reason of or arising out of their possession, enjoyment, use, main and operation of the Leased Property; "(d) They will pay to the jovernment as rent for the Leased Property the sum of Four Thousand Seven hundred and Thirty-nine Do and 'Thirty -Three Cents (;4,739.33) for the Original Term and the s amount for any renewal thereof. Payment for the 0_�_Sinal Term s(ia be due onPayment for each successive renewal period shall be due on of eachyear that the Lease is renewed. "(e) They will procure and maintain for the benefit of th ment such insurance covering the risks to which the Leased Propert, exposed as is customarily carried in connection with similar facil located in the same or a comparable area, in form and amounts reas sufficient to protect the Government's financial interest in the L Property, and subject to the following conditions: (1) the kinds and amounts of insurance and the insurers shall be subject to approval of the Government. (2) the insurance shall be made payable to the Govern- ment as tl,e insured, (3) the inaiarance policies shall be delivered promptly to the Government, (4) The Lessees shall notify the proper insurance companies and the vovernriont promptly of any loss o_ dama;o to the Leased Proporty, ed ely d e bility, nance Govern - is es bly ed 1124 (5) in the event of any losses covered by such insur- ance the Government may, at its, option, apply any insurance proceeds received during the term of this Lease, or any reneeta.1 thereof, to the re- pair, restoration or replacement of the Leased Property, or any portion thereof, damages or destroy d; "(f) They will permit the Government at any reasonable t -me to enter upon, inspect, and e,chibit the Leased Property and, for t e Purpose of ascertaining that the Lessees are complyin-, with the co enants and agreements hereunder, to examine the books, records and accoun s of the Lessees pertaining to the Leased Property; "(g) They will save t"e Government harmless from any lia- bility or claim arising from the Lessee, possession, use, maintena ce and operation of the Leased Property or the fulfilment of their re- sponsibilities hereunder. .'The Lessees covenant and agree that they will not assign or transfer their riChts or interest under this Lease, or transfer possess- ion or dispose of the Leased Property or any part thereof, or crea a or perr..it a lion or charge upon or claim against the Leased Property cr any part thereof, without the consent of the Uovernment evidenced Jn writing. "The Government assumes no liability for any damage, inju y loss or expense caused by., resultinE from, or arising in connectio with the Leased Property, or for any defect in or representations not herein contained concerninC the Leased Property. "The Lessees shall have the right to purchase the Leased Property at the expiration of the Original Perm or at the expirati n of any renewal period provided the Lessees shall have paid to the Government the rental specified herein when due and provided further that the Lessees shall not ot':erwise be in default in the performs ce of any of the covenants of this Lease. if the Lessees elect to purchase the Leased Property at the expiration of the Original Ter or at the expiration of any renevial period subsequent to the expir ti of the Original Term, the purchase price shall ce computed as Poll rs If Iurchased On Amount of Purchase Price 1946 1;44,323.16 1947 40,862.52 IM 37, 298.07 1949 33, 6 26.68 1950 29,845.15 1951 ?5,950.17 1952 21,938.34 195 3 17,806.16 on 11':5 1954 133,550.01 1955 9,166.18 1956 4,650.80 If the Lessees elect to purchase the Leased Property in the manner hereinabove provided thirty (30) days' written notice of such election shall be given to the uovernment prior to the expiration o the period in which tho Lessees proposo to nurchase the Leaned Property. "It is mutually agreed that in the event the Lessees fail t pay the rent on the date it becomes due and if such default continues for thirty (30) days, or in the event the Lessees otherwise default in the performance of their covenants herein agreed to be performed, the Government shall have tl-_e right to terminate thin agreement upon thirty (30) days, written notice to both the City of-aducah and the County of McCracken. In the event the Lessees should elect not to renew this Lease and should decide not to nurchase the Leased Property, or the -overnment should cancel this Lease as hereinbefore provided, all payments made to the uovernment by the Lessees up to the date of the termination or cancellation of the Lease shad be con- sidered as rental and shall be retained the 'overnment. "No member of or delegate to the Congress of the United ;tat s shall be admitted to any shate or part of this Lease or to any benefit arising therefrom". SECTI07T 2. The original term of the aforesaid lease stall begin as of the date on which said project is completed and its custody is transfer ed to the Lessees, and the Federal ,7orks administration or his duly autho ized representative is hereby authorized to insert in the apprmpriate so ce in the aforesaid Lease the beginning and endin., date of the Original leasehold term after the completion of said project. Payment for the Original Term of said lease shall be due on the be;;inning date of said Original Term and payment for each succeeding renewal period shall be due as of the day and month of each renewal period correaponding w th the day and month on which the Original 1•erm commences. The seder 1 77orks Administrator or his duly authorized representative is furth r authorized and empowered to insert in said Lease after said projec has been completed and accepted the apprmpriate dates in accordanc with the provisions of this section, and to insert therein the day and month of the last day of the Original Term and the last day of each renewal period through 1956 in that paragraph of said lease whereir the Lessees are given the right and option to purchase said property al the expiration of the Original Perm or at the expiration of any renews period subsequent to the expiration of said Original Term. 1126 SECTION 3. That the sum of 9"'2ma369.67 be, and the same is hereby appy - priated out of the revenues of the City of raducah for the year 19.5 for the payment of that proportion of the rentals chargeble to said city for the use of said health center from the date of its comple ion and for the aforesaid Original Tcrm, the amount of said rental payment to be charted to and deducted from that fund appropriated for payment of contingent expenses, known as the Contingent Fund, under the Apportionment Ordinance to be adopted for the year 1945. SECTIOD 4. All ordinances and parts of ordinances in conflict herewi are, to the extent of such conflict, hereby repealed. SECTION 5.. This ordinance shall be introduced at a Regular L,eeting o Board of Commissioners and remain on file for not less than one (1 week for public insoection in the completed form in viaich it shall be put upon its final passage, and if adopted said ordinance shall in full force and effect ten (10) days thereafter,! Introduced, February 22nd, 1945 Passed by the Board of Commissioners, March 6, 1945 Recorded by Rudy atewart, City Clerk, Furth 6, 1945. the Ibe