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HomeMy WebLinkAboutOrdinances Book 15, Page 1087, No Ordinance Number1087 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEU's.P:T ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY, WITH PAUL O. DEI•iYAE AND LESLIE M. FAITH, JR. FOR THE OPERATION OF A BOAT DOCK AND MARINA FACILITIES ON THE RIVER FRONT, AND SETTING FORTH THE TERMS AND CON— DITIONS OF SUCH AOREEDEINT Bt' -IT -ORDAINED BY THE POARD OF COI>MISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor he, and he is hereby, authorized ;'�w S and directed to execute an Avreement, on behalf of the City of Paducah, j,& Kentucky, with Paul G. Demyan and Leslie M. Faith, Jr. for the operation of a boat dock and marina facilities on the river front, said Agreement heinc in words and figures as .follows, to -wit: "THIS ACREEI.IENT, made and entered into on this day of October, 19(c', by and between the CITY OF PADUCAH, KENTUCKY, party of the .first part, and PAUL G. DEMYAN and LESLIE M. FAITH, JR., parties of the second part. 11 I T N E S S E T H: "THAT the party of the first part, in consideration of the hereinafter arreement, 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 by 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 (0 feet lonf, and 30 feet wide, a gas dock 20 feet lona, and a 60 :foot over 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 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. Down river from the barge and connected to the barge, there is a long shed constructed of wood framing co-ered with corrugated metal, .floating on drums, and divided into compartment storage for cruisers or similar craft. Inside this area, between the boathouse shed and the river bank, cat- walks and boat slips .floating on drums are provided as moorage 1OP8 space .for small craft. Facilities are pro—ided 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 accordin.p to the fluctuation of the river stave. 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 ($=0.00) per calendar month,-beginninr, June 1, 1966. Simultaneous with the.execution of this Agreement party of the second part will pay all past due rent from said date and each payment of rent is to be made promptly on the 1st day of each calendar month, "The parties of the second part agree to comply at all times with the regulations as set out by the Kentuckv Department of Health. "The parties of the second part are to provide and keep in full force and effect liability insurance issued l,v,some good. and solvent company licensed to do bysiness_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 amounts: 4100,000 for personal injury or death to any one person; $300,000 for personall 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 cotenants, agrees and promises that it will refrain from leasinrr or in any way granting permission to any party (other than parties of the second part as stated here) to service pleasure goats, to sell Bras, or in reneral, to conduct the same or similar business activity in the river front area, on any property owned or under the control of the partv of the first part. "This agreement shall not he transferred or assiened in any manner by the parties of"the second part unless authorized by legisl ative action of the Board of Commissioners of the City of Paducah, Kentucky. "It is the intention of the party of the first part that tle terms, promises, and covenants or this agreement shall be in full force and effect for a period ending October 1, 19^1, to the full and complete extent allowed by law. Further, the party of the first rart here1v agrees that the parties or the second part 1089 ha -e the option and ric-ht to renew this agreement for a further term of five (5) years subject to approval of the City Commission as pro-ided by law, commencin- on the expiration of this agreement, and terminating on the lst day of October, 1976, subiect to all of the terms and conditions of this agreement; provided, however, that this option shall be conditioned on the parties of the second part hein-- in wood standing under this agreement and havinP duly performed their covenants herein throuphout the term, and provided further that notice of the intent to exercise such option shall be given b-, the parties of the second part to the party of the first part not less than 30 days before the end of the term of this agreement. Should parties of the second part default and fail to perform any of its oblip-ations 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 November, 1966, and all terms and conditions contained in said ordinance are made a part hereof and is retroactive to Diocember 1, 1966. CITY OF PADUCAH, KENTUCKY Ey: Mayor Paul G. Demean Leslie NI, Faith, Jr. " SECTION 2. All motions, resolutions and ordinances or parts thereof in conflict herewith he, 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. Wm. L. Kressenberp, Commis ioner F. �L_ Wm. F. Paxton, Commissioner Passed by the Eoard of Commissioners November 2, 1966 Recorded by Sarah Thurman, City Clerk, November 2, 1966.