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HomeMy WebLinkAboutOrdinances Book 15, Page 257, No Ordinance Number25� AN ORDINANCE PROVIDING FOR THE LEASING BY THE CITY OF PADUCAH, KENTUCKY IN CONJUNCTION WITH THE COUNTY OF MCCP.ACKEN, STATE OF KENTUCKY, OF THE PADUCAH-McCRACKEN COUNTY AIRPORT PROPERTY TO THE PADUCAH AIRPORT CORPORATION, AND AUTHORIZING THE MAYOR AND CITY CLERK • TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF PADUCAH, A LEASE CON- TAINING THE TERMS, CONDITIONS AND COVENANTS PROVIDED HEREIN BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, ,join with the County of McCracken, State of Kentucky, in the execution of a lease to the Paducah Airport Corporation of the present Paducah -McCracken County Airport property (known as Barkley Field), and the Mayor and City Clerk are hereby authorized to execute, for and on behalf of the City of Paducah, a lease which shall be in words and.fiaures as follows, to= -wit: "LEASE AGREEMENT BETWEEN CITY OF PADUCAH, KENTUCKY, AND COUNTY OF McCRACKEN, KENTUCKY, LESSORS, AND PADUCAH AIRPORT CORPORATION, LESSEE "In consideration of Ten (*10.00) Dollars per annum, cash in hand paid, receipt of which is hereby acknowledged, and the further consideration that the hereinafter described airport shall he maintained, operated and developed by Paducah Airport Corporation of Paducah, Kentucky, out of such funds as the latter may receive from time to time from any or every source and the benefit that the City of Paducah, Kentucky, and the County of McCracken, Kentucky, shall receive from the maintenance, operation and developments of the said airport aforesaid, the City of Paducah, Kentucky, and the County of McCracken, Kentucky, hereafter known as Lessors, lease unto the Paducah Airport Corporation of Paducah, Kentucky, hereafter known as Lessee, Barkley Field (formerly known as Paducah - McCracken County Airport), lying and being in McCracken County, . Kentucky, more particularly described as follows: Beginning at a point where the south side of U. S. Highway 60 intersects the west side of the Fisher Schoolhouse Road; thence with the west side of the Fisher School- house Road in a southerly direction to a point where the west side of the Fisher Schoolhouse Road intersects the north side of the Old Hinkleville Road; thence with the north side of the Old Hinkleville Road and in a westerly direction to the middle of the stream of the fork of Massac Creek; thence with the middle of the stream of the fork of Massac Creek and with the meanders thereof and in a northwesterly direction to a point where said creek intersects the south line of U. S. Highway 60; thence with the south line of U. S. Hiahtiray 60 in an easterly direction to the point of beginning. 258 Being the same property conveyed by the Paducah Airport Corporation to the City of Paducah and the County of McCracken, by deed dated October 21, 1941, and of record in Deed Book 212, page 155, McCracken County Court Clerk's Office. There is in existence, as of this date, a lease between the parties hereto which expires November 7, 196k. This lease shall be for a period of ten (10) years, beginning November 8, 1961:, and expiring November 7, 197:.. The terms and conditions of said lease are as .follows: This lease may not be sublet, in whole or in part, without the ,joint consent of the City of Paducah and the County of McCracken. Said Lessee shall have the exclusive right to operate, manage and control said airport, or may enter into a contract providing .for its operation, management and control by any other person, firm or corporation, and said Lessee may enter into all agreements involving the expenditure of money thereon. The above described real estate shall be used for the development of a municipal airport and for no other purpose, but no part of the funds derived from the maintenance and development of said airport shall be paid to either of said Lessors, but shall be expended for the construction, main- tenance and operation of buildings and facilities thereon. It is further understood and agreed that the Lessors shall not be liable .for debts created by the Lessee or by any person, firm or corporation with whom said Lessee contracts, nor shall Lessors be liable or assume any liability for payment of damages, either to the person or to the property of another, arising out of any accident which may occur at said airport on account of the negligence of Lessee, or of any other person, firm or corporation who may, by his or its contract with the Lessee, be charged with the responsibility .for the maintenance and operation of said airport. A report of the management of the airport by the Paducah Airport Corporation shall be submitted to the City of Paducah and County of McCracken every six (6) months. In the development of said airport, it has been desirable and necessary that Lessee (acting as Lessee under a prior lease agreement between the parties hereto) make certain applications to the Civil Aeronautics Administration and to other Federal Agencies for Federal funds to be used to defray a part of the cost of improvements made upon said airport 259 property, and it is the intent of the parties hereto, notwith- standine any provisions of this lease agreement to the contrary, that the terms of this lease and the riFht and interest of the Lessee in and to the leased premises shall be subordinate to the obligation of the Lessors under any prior project applica- tion submitted to the Civil Aeronautics Administration, and to any grant offer tendered the Lessors by the Administrator of Civil Aeronautics Administration upon such applications and shall also be subordinate to the obligations of the Lessors under any other application which may hereafter be submitted to the Civil Aeronautics Administration or to any other agency of the United States of America for the development and improve- ment of the aforesaid airport property and subordinate to any grant offer tendered to the Lessors and accepted by them upon any of such other applications. In the event of the failure of the Lessee to operate and maintain the airport as herein contemplated and as improved by the Lessor by the use of United States of America or any agency thereof, the Lessors acting .jointly shall have the right to enter upon the leased premises and exercise such control thereof as will e.ffect.compliance with the provisions of any project application or Frant offer, or at the option of the Lessors, acting jointly, they shall have the additional right to terminate the lease contract forthwith without further liability thereunder to any of the parties. It is understood and agreed that this agreement shall not be construed as making Lessee a party to such grant offer or liable for any portion of the project costs not to be paid with funds furnished by United States of America. IPI TESTIMONY WHEREOF, the City of Paducah, Kentucky has caused its name to be subscribed hereto by its Mayor, Tom Milson, and has caused its corporate seal to be affixed hereto by the City Clerk, Sarah Thurman, all of which is done pursuant to an ordinance adopted by the Board of Commissioners of the City of Paducah, Kentucky, on the day of _ 1 19_,; and the County of McCracken has caused its name to be subscribed hereto by Roy Stewart, its County Judge, whose signature is attested by A. T. Houser, County Court Clerk, pursuant to a resolution duly adopted by the McCracken County Fiscal Court on the _ day of , 19 and the Paducah Airport Corporation executes this contract by and through its President, E. J. Paxton, Jr., whose signature is 260 attested.by its Secretary, Christine Alliston, all done pursuant to a resolution of said corporation the _ day of 19 . if SECTION 2. This ordinance shall be in full force and effect from and after its adoption. tea' �' Z��'�L`L`-'�✓ Mayor Passed by the Board of Commissioners February 25, 1964 Recorded by Sarah Thurman, City Clerk, February 25, 1964.