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HomeMy WebLinkAboutOrdinances Book 17, Page 894, No Resolution Number894 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE TO MOLLOY MARINE SERVICE, INC. A LEASE TO CERTAIN LAND BORDERING ON THE BANK OF THE TENNESSEE RIVER BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk of the City of Paducah, Kentucky, be, and they are hereby, authorized and directed to execute on behalf of the City a lease to Molloy Marine Service, Inc. in words and figures as follows: "THIS LEASE, made and entered into on this the day of December, 1971, by and between the CITY OF PADUCAH, KENTUCKY, a municipal corporation of the second class, hereinafter called "Lessor" and MOLLOY MARINE SERVICE, INC., a corporation duly organized and existing under the laws of the Commonwealth of Kentucky, hereinafter called "Lessee", W I T N E S S E T H "THAT for and in consideration of the payment of the rents and the performance of the covenants contained on the part of the Lessee, said Lessor does hereby demise and let unto the Lessee certain property owned by the Lessor bordering on the bank of the Tennessee River for the purpose of tying and securing barges and other river vessels for the purpose of storage or repair and loading and unloading, said strip being more particularly described as follows: The bank of the Tennessee River on a tract of land fronting more than 1,000 feet on said river and extending between property owned by M & M Leasing Corporation and property of Shell Oil Company and lying just outside the floodwall at Paducah, Kentucky, at the flood control office for the City of Paducah near Fourth and Meyers Streets, together with all rights extending out into Tennessee River. "This lease is for a tenancy from month to month commencing on the 1st day of January, 1972, and at a monthly rental of One Hundred Seventy-five Dollars ($175.00) per month, payable in advance on the 1st day of each and every month. "It is further mutually agreed between the parties as follows: (1) The Lessee shall have the right of ingress and egress over the property of the City of Paducah for access to and from the demised premises. 895 (2) Lessee may use property of the Lessor for parking facilities for its employees and business invitees and guests. Parking shall be outside the city floodwall except at such times when flood waters are at an elevation which require closing the flood gates. (3) Lessee shall provide an asphalt or some .permanent type surface for the roadway used for ingress and egress and for any parking area where five or more vehicles may from time to time be parked, and the Lessee shall provide parking spaces in the area in numbers required under the Zoning Ordinance of the City of Paducah. The Lessee shall maintain the roadway and parking area during the duration of this lease. (4) Lessee shall not violate any city ordinance or state laws in or about said premises. (5) Lessee shall not sublet the demised premises or any part thereof or assign this agreement without the Lessor's written consent. (6) Any failure by Lessee to pay rent or other charges promptly when due or to comply with any other terms or conditions hereof shall, at the option of the Lessor, forthwith terminate this tenancy. (7) Lessee shall keep and maintain the premises in clean and sanitary condition at all times and on the termination of the tenancy shall render the premises to the Lessor in as good condition as when received, ordinary wear and tear and damage by the elements or act of Gid excepted. (8) Lessee hereby agrees to provide and keep in full force and effect public liability insurance issued by some good and solvent company licensed to do business 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; $100,000 for personal injury or death to any one person; $300,000 for personal injury or death to more than one person resulting from the same accident; $ 50,000 for damage to property in any one accident. (9) This agreement and the tenancy hereby granted, may be terminated at any time by either party hereto by giving to the other party not less than six (6) months prior notice in writing. 896 It is the intention of the parties hereto that although the tenancy hereby created shall be on a month to month basis, that there be a minimum of six (6) months for cancellation. (10) As a part of the consideration for this lease, the Lessee agrees to remove, at its own expense, any sunken vessels and water craft of any type which may be presently located in and under the waters adjacent to the leased property which are not more than nine (9) feet below the surface of the water at normal pool stage. The Lessee further agrees to remove any vessels which may hereafter sink in violation of the terms of this condition, when such sinking is due in any part to the negligence of the Lessee. The Lessor shall make no claim to the salvage value of any vessels so removed. "IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate on the day and date first above written." SECTION 2. This Resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners December 28, 1971 Recorded by Sarah Thurman, City Clerk, December 28, 1971.