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HomeMy WebLinkAboutMO # 1910LLI.1►#Z� MUNICIPAL ORDER NO. 1910 A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, APPROVING THE SUBORDINATION AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH BANK AND TRUST COMPANY REGARDING THE PROPERTY LOCATED AT 1611 MADISON STREET, PADUCAH, KY i -� WHEREAS, on March 21, 2016, the City of Paducah conveyed a piece of property more particularly described in Exhibit A to Michael Warren Hatton and wife, Tonie M. Hatton (collectively, "Hatton"), located at 1611 Madison Street, Paducah, McCracken County, Kentucky (the Property"); and WHEREAS, the aforesaid deed of conveyance to Hatton contained certain restrictions and conditions regarding Hatton's use and development of the Property and provided for a possible forfeiture of title and reversion of title to the City; and WHEREAS, Hatton desire to finance their rehabilitation and revitalization of the Property with a construction loan from The Paducah Bank and Trust Company (hereinafter "Paducah Bank") (the "Mortgage Loan"), secured by a mortgage dated May 9, 2016, encumbering the Property in the principal amount of up to $222,700.00, which mortgage is of record in Mortgage Book 1496, page 629, in the McCracken County Clerk's Office (the "Mortgage); and WHEREAS, as a condition for providing the Mortgage Loan, Paducah Bank is requiring that the Mortgage be first and superior upon the Property and that the Mortgage securing the Mortgage Loan be superior to any right, title, or interest of the City in the Property reserved or retained in the aforesaid deed from the City conveying the Property to the Hatton, to which the City is agreeable. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves the Subordination Agreement between the City and Paducah Bank (the "Agreement"), in substantially the same form attached hereto as Exhibit A and made a part hereof. It is further determined that it is necessary and desirable and in the best interest of the City to enter into the Agreement for the purposes therein specified. The Mayor of the City is hereby authorized to execute the Agreement, and all other documents and instruments of any kind to be executed or delivered in connection with the Agreement, with such changes in the Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City or the City Manager. The approval of such changes, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of the Agreement by the authorized official. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance With Open Meetings s. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Order were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of this Order shall prevail and be given effect. 416 -- ,i7 1 -- -; SECTION 5. Effective Date. This Order shall be in full force and effect on and after the date as approved by the Board of Commissioners of the City of Paducah, Kentucky. ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, June 7, 2016 Recorded by Tammara S. Sanderson, City Clerk, June 7, 2016 \mo\agree-subordination-1611 Madison Prepared by denton law firm may, 417 EXHIBIT A SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT made and entered into on this the day of June, 2016, by and between CITY OF PADUCAH, KENTUCKY, a Kentucky municipal corporation of the home rule class (hereinafter "City"), of 300 South 5t' Street, Paducah, KY 42003, and THE PADUCAH BANK AND TRUST COMPANY (hereinafter "Paducah Bank"), of 555 Jefferson Street, Paducah, KY 42001; WITNESSETH: WHEREAS, by deed dated March 21, 2016, of record in Deed Book 1318, page 459, McCracken County Clerk's Office, City conveyed to Michael Warren Hatton and wife, Tonie M. Hatton, (collectively "Hatton"), certain real property located at 1611 Madison Street, Paducah, Kentucky (the "Property"); WHEREAS, the aforesaid deed contained certain restrictions and conditions regarding Hatton' use and development of the Property and provided for a possible forfeiture of title and reversion of title to the City, as follows: "This conveyance is made on the condition that if Grantees, his or her heirs and assigns, shall fail to immediately begin bonafide construction of improvements, as approved by Grantor, on the above-described real estate, and said improvements are not completed within 12 months from the date hereof, the real estate herein conveyed shall revert to Grantor, its successors and assigns." WHEREAS, Hatton financed their rehabilitation and revitalization of the Property with a construction loan from The Paducah Bank and Trust Company (hereinafter "Paducah Bank") (the "Mortgage Loan"), secured by a mortgage dated May 9, 2016, encumbering the Property in the principal amount of up to $222,700.00, which mortgage is of record in Mortgage Book 1496, page 629, in the McCracken County Clerk's Office (the "Mortgage"); and WHEREAS, as a condition for providing the Mortgage Loan, Paducah Bank is requiring that the Mortgage be first and superior mortgage upon the Property and that the Mortgage securing the Mortgage Loan be superior to any right, title, or interest of the City in the Property reserved or retained in the aforesaid deed from the City conveying the Property to the Hatton, to which the City is agreeable; NOW, THEREFORE, in consideration of the premises, and to induce Paducah Bank to 418 make the Mortgage Loan to Hatton, and for other good and valuable consideration, City and Paducah Bank agree as follows: 1. City hereby subordinates City's entire right, title, and interest in and to the Property to the lien of the Mortgage, and any renewal, extension, or refinancing of the Mortgage Loan, and to the right, title, and interest of Paducah Bank in and to the Property, as fully and with the same effect as if the Mortgage had been duly executed and recorded and the principal of the note secured by the Mortgage had been fully disbursed prior to the creation or retention of City's right, title, or interest in the Property by virtue of the City's conveyance of the Property to Hatton by the aforesaid deed. 2. It is further hereby agreed that City's aforesaid right, title and interest in the Property shall be deemed automatically extinguished and of no further force and effect in the event and at such time as the Property is sold through a Master Commissioner's Sale pursuant to a foreclosure action to enforce the Mortgage, or any renewal, extension, or refinancing of the Mortgage Loan; provided, however, that said right, title and interest of the City will not be extinguished unless Paducah Bank gives City at least sixty (60) days advance written notice prior to instituting foreclosure proceedings of any default by Hatton under the Mortgage, the Mortgage Loan, or any renewal, extension, or refinancing of the Mortgage Loan, and allows City to cure any such default. 3. The terms and conditions of this Subordination Agreement shall be binding upon and redound to the benefit of the respective successors and assigns of the City and Paducah Bank, including any assignee of one or both of the Mortgage, or any renewal, extension, or refinancing of the Mortgage Loan. 4. The City agrees to take or cause to be taken such further action, including the execution, delivery, and recording of such further documents, deeds, instruments, and consents as reasonably may be requested hereafter by Paducah Bank in order to effect or provide notice of the terms of this Subordination Agreement. 5. This Subordination Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. 419 IN TESTIMONY WHEREOF, witness our signatures on this the day of June, 2016. CITY OF PADUCAH, KENTUCKY 420 THE PADUCAH BANK AND TRUST COMPANY Title: 1.r . .� _T .. - T ...._.. w, .�