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HomeMy WebLinkAboutOrdinances Book 17, Page 198, Ordinance Number 70-6-340198 J ORDINANCE NO. 70-6-340 AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE COUNTY OF McCRACKEN, AND THE UNITED STATES OF AMERICA FOR A FLIGHT SERVICE STATION AT BARKLEY FIELD BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute a lease between the City of Paducah, Kentucky and the County of McCracken, and the United States of America for a flight service station at Barkley Field, in words and figures as follows: 111. This Lease, made and entered into this day of in the year one thousand nine hundred and seventy by and between City of Paducah, Kentucky and County of McCracken, Kentucky whose address is Paducah -McCracken County Municipal Airport, Paducah, Kentucky for themselves and their heirs, executors, administrators, successors, and assigns, hereinafter called the lessor and the United States of America, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: Starting at a point at the end the centerline of Runway 32, go North 140 47 minutes east for 1009.6 feet to a stake in the ground which is Point of Beginning, thence south 400 38 minutes East a distance of 235 feet to a stake; thence North 490 22 minutes East a distance of 150 feet to a stake; thence north 400 38 minutes a distance of 235 feet to a stake; thence south 490 22 minutes west a distance of 150 feet back to the Point of Beginning, cont6ining .81 acres, more or less, and located on the Paducah -McCracken County Municipal Airport, County of McCracken, State of Kentucky. All bearings are true. Together with a right-of-way for ingress and egress to and from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and rights-of-way for subsurface power, communicat and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor and, unless hereindescribed by metes and bou to be by routes reasonably determined to be the most convenient to the Governm And the right of grading, conditioning, installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and mainten- ance of air navigation and telecommunications facilities. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Government and may be removed upon the termination of this lease or within 90 days thereafter by or on behald of the Government, or its grantees or purchasers of• said fixtures, additions, structure or signs. on 199 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning July 1, 1970 and ending with June 30, 1971. 4. The Government shall pay the lessor, for the premises, rent at the following rate for the term set forth in Article No. 3 above: One Dollar ($1.00) per annum Payment shall be made at the end of each Government Fiscal Year without the submission of invoices or vouchers. 5. This lease may, at the option of the Government, be renewed from year to year at an annual rental of $1.00 One Dollar and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives 30 days' notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of offupancy of the premises beyond the 30th day of June, 1980; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 6. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the lease be for the general benefit of such corporation or company. 7. This lease is subject to the additional provisions which are set forth on the attachment, initialed by the parties hereto, and made a part hereof, identified as follows: B. It is hereby agreed between the parties that, upon the termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this Lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. 9. COVENANT AGAINST CONTINGENT FEES. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the contract price or consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 10. Acceptance of this lease shall be subject to the availability of funds for payment of rental for the initial term." SECTION 2. This ordinance shall be in full force and effect from and after its adoption. ("Le-e..c-cel Mayor Passed by the Board of Commissioners June 23, 1970 Recorded by Sarah Thurman, City Clerk, June 23, 1970.