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HomeMy WebLinkAboutMO # 2042MUNICIPAL ORDER NO. 2042 A MUNICIPAL ORDER APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH BRANDI HARLESS AND HUSBAND, ADAM MOYERS GRANTING A ONE YEAR EXTENSION FOR COMPLETION OF REHABILITATION FOR REAL PROPERTY LOCATED AT 421 NORTH 5TH STREET WHEREAS, Brandi Harless and husband, Adam Moyers (hereinafter called the "Owners"), purchased a parcel of real estate located at 421 North 5t` Street from the City of Paducah by deed dated September 23, 2015 approved by Ordinance No. 2015-9-8299; and WHEREAS, this property is located in the Lower Town Historical District (hereinafter referred to as "HARC"), and all proposals must meet the standards for historical rehabilitation promulgated by the Secretary of Interior and be approved by the Historical and Architectural Review Commission of Paducah, Kentucky; and WHEREAS, this property contains a reverter clause that if the project is not completed within eighteen months from transfer, the property will revert to the City; and WHEREAS, this reverter clause expired on March 23, 2017; and WHEREAS, the Owners have also recently completed an extensive rehabilitation of downtown properties located at 224-226 Broadway, and most of their efforts and capital have been expended in this venture; and WHEREAS, through efforts of the Owners regarding the 421 North 5t" Property, they have cleaned and stabilized the property, installed a new roof, repointed brick, a non -historic deck has been removed from the front of the structure. However, to complete the proj ect in accordance with the application of Owners and approved by the HARC Board, additional time is necessary to rehabilitate and revitalize the structure. The Owners estimate that an additional twelve (12) months will be required to complete the project and request a twelve month extension of the reverter clause from the City; and WHEREAS the City of Paducah after reviewing the work done to stabilize and upgrade the structure and being cognizant of the completion of rehabilitation of the two structures on Broadway as set out above, agree to extend the period for completion for the twelve (12) month period; and WHEREAS, all parties involved have reached understandings and now wish to memorialize their understandings by entering into a written Memorandum of Understanding. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY as follows: Section 1. Authorization. The Board of Commissioners of the City of Paducah hereby approves and the Mayor Pro Tem of the City of Paducah, Kentucky, is hereby authorized and directed to enter into a Memorandum of Understanding (this "MOU") between City and Brandi Harless, and husband Adam Moyers granting a 12 -month extension to complete the rehabilitation of real property located at 421 North 56 Street in substantially the form attached hereto as Exhibit A and made a part hereof. It is hereby found and determined that this MOU is to be entered into in furtherance of proper public purposes of City and that it is necessary and 149 desirable and in the best interests of City to enter into this MOU for the purposes therein specified. Section 2. Severability. If any section, paragraph or provision of this Order 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 Order. Section 3. Compliance With Open Meetings Laws. 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. 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: City Clerk, Tammara Sanderson Mayor Pro Tem Adopted by the Board of Commissioners, November 7, 2017 Recorded by Tammara S. Sanderson, City Clerk, November 7, 2017 \mo\T\IOU-extension for 421 N 5th 150 _-/ EXHIBIT A TO THE MUNICIPAL ORDER MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding made and entered into on this the day of , 2017, by and between CITY OF PADUCAH, KENTUCKY, P.O. Box 2267 Paducah, Kentucky 42002-2267, (the "City" or "City of Paducah"), a municipality of the second class and BRANDI HARLESS and husband, ADAM MOVERS, of 421 N. 5t` Street, Paducah, Kentucky 42001, hereinafter called (the "Owners"). :WITNESSETH: WHEREAS, Owners own a parcel of real estate located at 421 North 5t' Street, Paducah, Kentucky, purchased from the City of Paducah, Kentucky by deed dated September 23, 2015, and recorded in, Deed Book 1309, Page 145, McCracken County Court Clerk's Office, see Deed attached; and WHEREAS, the property is located in the Lower Town Historical District, (H2 Zone) and all proposals for rehabilitation must meet the standards for historical rehabilitation promulgated by the Secretary of Interior and be approved by the Historical and Architectural Review Commission (hereinafter referred to as "HARC") of Paducah, Kentucky; and WHEREAS, this property contains a reverter clause that if the project is not completed within eighteen months from transfer, the property will revert to the City; and WHEREAS, this reverter clause expired on March 23, 2017; and WHEREAS, the Owners have also recently completed an extensive rehabilitation of downtown properties located at 224-226 Broadway, and most of their efforts and capital have been expended in this venture; and WHEREAS, through efforts of the Owners regarding the 421 North 5'�` Property, they have cleaned and stabilized the property, installed a new roof, repointed brick, a non -historic deck has been removed from the front of the structure. However, to complete the project in accordance with the application of Owners and approved by the HARC Board, additional time is necessary to rehabilitate and revitalize the structure. The Owners estimate that an additional twelve (12) months will be required to complete the project and request a twelve month extension of the reverter clause from the City; AND WHEREAS the City of Paducah after reviewing the work done to stabilize and upgrade the structure and being cognizant of the completion of rehabilitation of the two structures on Broadway as set out above, agree to extend the period for completion for the twelve (12) month period, based upon the following conditions, the City does now authorize this MEMORANDUM OF UNDERSTANDING. NOW, THEREFORE, in consideration of the foregoing premises and for other good consideration, the legal adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties do covenant and agree as follows: OWNERS AGREES TO THE FOLLOWING: Owners shall forthwith proceed to complete the rehabilitation as approved by the HARC Board. 2. The Owners shall complete the proj ect within twelve (12) months from the date hereof or the terms set out in the Reverter Clause in the vesting deed. If the above conditions are complied with by Owners, 151 CITY AGREES TO THE FOLLOWING: 1. The City does hereby agree to amend the Reverter Clause to extend the period for Owners to complete the rehabilitation for twelve (12) months from the date of approval by the board and execution by the City. 2. The City shall file for record a copy of this Memorandum to give notice of the modification of Owners' Deed in the McCracken County Court Clerk's Office. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions shall apply: 1. Assignment. This Memorandum of Understanding shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Owners shall not assign his rights and obligations hereunder, in whole or in part, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve the Owners from any obligations of this Agreement for which the Owners shall remain fully bound to the City. 2. Merger Clause. It is agreed and understood between the parties that this Memorandum of Understanding represents the entire and exclusive agreement between the parties and that all prior representations, covenants, warranties, understandings and agreements are merged herein. This Memorandum of Understanding may only be modified in writing executed by all parties hereto. 3. Construction. This Memorandum of Understanding shall be governed and construed under the laws of the Commonwealth of Kentucky. 4. Assurances. The city and the Owners agree to execute such further documents and instruments as shall be necessary to fully carry out the terms of this Agreement. _.i 5. Amendments. This memorandum of Understanding may not be modified or amended unless in writing signed by both parties hereto. 6. Execution and Delivery. This Memorandum of Understanding shall be of no force or effect unless and until it shall have been executed by both the City and the Owners and approved by the governing body of the City of Paducah. 7. Time. All times referred to herein shall be strictly construed, as all of such times shall be deemed of the essence. WITNESS signatures of the parties as of the year and date first above written. CITY: OWNERS: CITY OF PADUCAH, KENTUCKY BRANDI HARLESS AND HUSBAND ADAM MOYERS BY: BY: SANDRA WILSON BRANDI HARLESS DATE: BY: ADAM MOYERS DATE: 152