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HomeMy WebLinkAboutAgenda Packet 10-23-18' t
CONSENT AGENDA
CITY COMMISSION MEETING
AGENDA FOR OCTOBER 23, 2018
5:30 PM
CITY HALL COMMISSION CHAMBERS
i
300 SOUTH FIFTH STREET
x
C. Personnel Actions
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
❑EPP EPP EPP
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PROCLAMATION: Head Start Awareness Month - Kristy Lewis
PROCLAMATION: Vietnam Veterans Honor and Remembrance Day - Suzanne Clinton
ORDINANCE INTRODUCTION: Transfer of Riverfront Property Pursuant to Current Survey - LISA
EMMONS (Rules of Order Suspended)
PRESENTATION Parks & Recreation Master Plan - Bacon, Farmer and Workman Engineering & Testing
PRESENTATION Comprehensive Stormwater Master Plan Phase I Completion - Strand & Associates - John
Lyons & Mike Woolum
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
0
CONSENT AGENDA
A. Approve Minutes for October 9, 2018
B. R & F Documents
C. Personnel Actions
MO # 2168
D. KDLA Local Records Grant Program Application - B BARNHILL
MO # 2169
E. KLCIS 2018 Liability Grant Program Application - M THOMPSON
MO # 2170
F. FEMA FY 2018 Assistance to Firefighters Grant (AFG) Application - S KYLE
MO # 2171 G. 2019 Litter Abatement Program Grant Application - T TRACY
MO # 2172 H. FEMA FY2018 Pre -Disaster Mitigation Grant Application - S KYLE
MO # 2173 I. Amend MO # 2123 Accepting 2017-18 Edward Byrne Memorial Justice
Accountability Grant (JAG) Award- B BARNHILL
MO # 2174 J. Accept 2018-19 Edward Byrne Justice Accountability Grant (JAG) Award - B
BARNHILL
MO # 2175 K. Accept FY2018 Bulletproof Vest Partnership (BVP) Grant Award - B
BARNHILL
MO # 2176 L. Approval of Contract with Midtown Alliance of Neighbors for Operating Funds
and Provision of Affordable Housing Construction and Rehabilitation - T TRACY
MO # 2177 M. Structural and Geotechnical Analysis of Former Showroom Lounge - SHERYL
CHINO
MO # 2178 N. Riverfront/Downtown Hotel Market Study - SHERYL CHINO
MO # 2179 O. Accept Donation of Property at 1737, 1739, 1741 and 1743 Martin Luther King
Drive - G CHERRY
II. ORDINANCES) - ADOPTION
ORD 2018- A. Rezoning of Properties as Described in Ordinance #2018-7-8540 - T TRACY
10-8552
ORD 2018- B. Final Annexation of Properties Described in Ordinance #2018-7-8540 - T
10-8553 TRACY
ORD 2018- C. Approve Contract for Pat & Jim Brockenborough Rotary Health Park Sprayground
10-8554 and Restroom Project - M THOMPSON
III. II ORDINANCES) -INTRODUCTION
A. Noble Park Peck Addition Design Contract - M THOMPSON
Moved to B. Transfer- o€River-fFen4 Pr-opefty Pto GtiffetA S
Top
:11m][00MMENTS
A. Comments from the City Manager
B. Comments from the Board of Commissioners
C. Comments from the Audience
0 EXECUTIVE SESSION
October 9, 2018
At a Regular Meeting of the Board of Commissioners, held on Tuesday, October 9, 2018, at 5:30 p.m.,
in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided,
and upon call of the roll by the City Clerk, the following answered to their names: Commissioners
Abraham, Rhodes and Mayor Harless (3). Commissioners Holland and Wilson were absent (2).
INVOCATION
Commissioner Abraham gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Harless led the pledge.
CONSENT AGENDA
Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. No one asked
for any items to be removed. The Mayor asked the City Clerk to read the items on the Consent
Agenda.
I(A)
Minutes for the September 25, 2018, City Commission Meeting
I(B)
Receive & File Documents
Minute File:
1. Certificate of Liability Insurance — AST Environmental, Inc.
Deed File:
1. Quitclaim Deed — COP — Gary Johnson, et al — 605 South 8th Street (MO#2143)
2. Quitclaim Deed — COP — Gary Johnson, et al — 603 South 8th Street (MO#2144)
3. Deed of Conveyance — COP — Kathleen Kelly — 517 N. Th Street (MO#2145)
Contract File:
1. Grant Agreement - Four Rivers Recovery Center - CDBG
Financials File:
1. City of Paducah — Financial Report — Period ending June 30, 2018
2. Paducah Junior College, Inc. — Financial Statement Year ended June 30, 2018
3. City of Paducah — Fourth Quarter (FY2018) Investment Summary
4. Paducah Water Works — Financial Statements Years ended June 30, 2018 and
2017
Bids:
1. Paducah Health Park — Phase II — Wilkins Construction Company
Evrard-Strang Construction *
I(C)
Reappointment of Landee Bryant to the Main Street Board. This term shall expire June
10, 2022.
I(D)
Reappointment of Dabney Haugh & Carol Vanderbough to the Civic Beautification
Board. These terms shall expire July 1, 2022.
I E
Appointment of Alberta Davis to the Board of Adjustment to replace ShirleyLanier
October 9, 2018
who has resigned. This term shall expire August 31, 2021.
I(F)
Personnel Actions
I(G)
A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2018-2019
PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH,
KENTUCKY (M.O. # 2157; BK 10)
I(H)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH THE PADUCAH-MCCRACKEN COUNTY CONVENTION
AND VISITORS BUREAU FOR $25,000 FOR SPECIFIC SERVICES RELATED TO
THE AMERICAN QUILTERS SOCIETY FALL QUILT SHOW (M.O. # 2158; BK 10)
I(I)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC
DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC
SERVICES (M.O. # 2159; BK 10)
I(J)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH SPROCKET, INC. IN THE AMOUNT OF $50,000 FOR MAKER
SPACE AND ENTREPRENEURIAL DEVELOPMENT SERVICES (M.O. # 2160; BK
10)
I(K)
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE ONE (1) KNUCKLE
BOOM LOADER FROM MUNICIPAL EQUIPMENT, INC., IN AN AMOUNT OF
$142,773.35 FOR UTILIZATION BY THE SOLID WASTE DIVISION (M.O. # 2161;
BK 10)
I(L)
A MUNICIPAL ORDER AUTHORIZING AND APPROVING A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BACON,
FARMER AND WORKMAN ENGINEERING & TESTING, INC., IN AN AMOUNT
OF $102,500 FOR THE DEVELOPMENT OF A PARKS AND RECREATION
MASTER PLAN AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT (M.O. # 2162; BK 10)
I(M)
A MUNICIPAL ORDER APPROVING AND ADOPTING THE VISION
INSURANCE PLAN PREMIUMS FOR CALENDAR YEAR 2019 FOR
EMPLOYEES OF THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT FOR SAME (M.O. # 2163; BK 10)
I(N)
A MUNICIPAL ORDER APPROVING AND ADOPTING THE DELTA DENTAL
PLAN PREMIUMS FOR CALENDAR YEAR 2019 FOR EMPLOYEES OF THE
CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME (M.O. # 2164; BK 10)
I(0)
A MUNICIPAL ORDER APPROVING AND ADOPTING THE COMPREHENSIVE
HEALTH INSURANCE BENEFIT PLAN PREMIUMS FOR CALENDAR YEAR
2019 FOR EMPLOYEES OF THE CITY OF PADUCAH AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (M.O. # 2165;
BK 10
October 9, 2018
Mayor Harless offered motion, seconded by Commissioner Rhodes, that the items on the consent
agenda be adopted as presented.
Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes and Mayor Harless (3).
ORDINANCE(S) — ADOPTION
SETTING TAX LEVIES: AD VALOREM PROPERTIES
Commissioner Rhodes offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND
RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY,
SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR
THE PERIOD FROM JULY 1, 2018, THROUGH JUNE 30, 2019, WITH THE PURPOSES OF SAID
TAXES HEREUNDER DEFINED".
PURPOSE
General Fund of the City
Real Property
Personal Property
Motor Vehicles & watercraft
School Purposes
Paducah Junior College
Real Estate
Personal Property
Motor Vehicles & watercraft
RATE PER $100.00
$0.261
$0.390
$0.390
$0.016
$0.016
$0.031
The City of Paducah shall collect the following taxes for the Board of Education:
Paducah Independent School District
Real Property $0.840
Personal Property $0.840
Inventory $0.840
Total Tax Rate per $100 - real property $1.117
I(P)
A MUNICIPAL ORDER ESTABLISHING POLICY FOR USE OF SPENDING
CREDITS TOWARDS THE PURCHASE OF CERTAIN BENEFITS SUCH AS
HEALTH, DENTAL OR VISION PURSUANT TO THE CITY'S GROUP HEALTH
INSURANCE PLAN FOR THE 2019 PLAN YEAR (M.O. # 2166; BK 10)
I(Q)
A MUNICIPAL ORDER ACCEPTING THE RATES FOR STOP LOSS INSURANCE
COVERAGE AND AUTHORIZING AN AGREEMENT FOR ADMINISTRATIVE
SERVICES WITH ANTHEM BLUE CROSS BLUE SHIELD FOR THE GROUP
HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH, KENTUCKY FOR
THE 2019 CALENDAR YEAR AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATING TO SAME (M.O. # 2167; BK 10)
Mayor Harless offered motion, seconded by Commissioner Rhodes, that the items on the consent
agenda be adopted as presented.
Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes and Mayor Harless (3).
ORDINANCE(S) — ADOPTION
SETTING TAX LEVIES: AD VALOREM PROPERTIES
Commissioner Rhodes offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE FIXING THE LEVIES AND
RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY,
SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR
THE PERIOD FROM JULY 1, 2018, THROUGH JUNE 30, 2019, WITH THE PURPOSES OF SAID
TAXES HEREUNDER DEFINED".
PURPOSE
General Fund of the City
Real Property
Personal Property
Motor Vehicles & watercraft
School Purposes
Paducah Junior College
Real Estate
Personal Property
Motor Vehicles & watercraft
RATE PER $100.00
$0.261
$0.390
$0.390
$0.016
$0.016
$0.031
The City of Paducah shall collect the following taxes for the Board of Education:
Paducah Independent School District
Real Property $0.840
Personal Property $0.840
Inventory $0.840
Total Tax Rate per $100 - real property $1.117
October 9, 2018
Total Tax Rate per $100 - personal property $1.246
Total Tax Rate per $100 — inventory $0.840
Total Tax Rate per $100 — motor vehicle & watercraft $0.421
Property taxes levied herein shall be due and payable in the following manner:
In the case of tax bills which reflect an amount due of less than Eight Hundred Dollars
($800.00), the payment shall be due on November 1, 2018, and shall be payable without
penalty and interest until November 30, 2018.
In the case of all other tax bills, payment shall be in accordance with the following
provisions:
0 The first half payment shall be due on November 1, 2018, and shall be payable without
penalty and interest until November 30, 2018.
0 The second half payment shall be due on February 1, 2019, and shall be payable
without penalty and interest until February 28, 2019.
Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes and Mayor Harless (3). (ORD #
2018-10-8550; BK 35)
PARTIAL STREET CLOSURE: D.A.V. DRIVE (GREEN STREET)
Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE PROVIDING FOR THE CLOSING
OF A PORTION OF D.A.V. DRIVE (GREEN STREET), BETWEEN 1616 AND 1700 IRVIN COBB
DRIVE, NORTH OF CHAMBLIN AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATING TO SAME." This Ordinance is summarized as follows: That the
City of Paducah hereby authorizes the closing of a portion of D.A.V. Drive also known as Green Street
and authorizes the Mayor to execute all documents necessary to complete the transfer of property to
the property owners in or abutting the public ways to be closed.
Adopted on call of the roll, yeas, Commissioners Abraham, Rhodes and Mayor Harless (3). (ORD #
2018-10-8551; BK 35)
ORDINANCE(S) — INTRODUCTION
REZONING OF PROPERTIES DESCRIBED IN ORDINANCE # 2018-7-8540
Commissioner Rhodes offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVIING THE FINAL
REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE
FROM R-1 (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS
DISTRICT) FOR PROPERTY LOCATED AT 5310 HARRIS ROAD; 5201 & 5325 HINKLEVILLE
ROAD; 5450 OLD HINKLEVILLE ROAD; 2705 OLIVET CHURCH ROAD AND OTHER
PROPERTIES AS DESCRIBED IN ORDINANCE NO. 2018-7-8540." This Ordinance is summarized
as follows: Rezone property located at 5310 Harris Road; 5201 & 5325 Hinkleville Road; 5450 Old
Hinkleville Road; 2705 Olivet Church Road and other properties as described in Ordinance No. 2018-
7-8540, from R-1 (Low Density Residential Zone) to HBD (Highway Business District), and amending
the Paducah Zoning Ordinance to effect such rezoning.
FINAL ANNEXATION OF PROPERTIES DESCRIBED IN ORDINANCE #2018-7-8540
Commissioner Abraham offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE EXTENDING THE
BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY FINALIZING THE
October 9, 2018
ANNEXATION OF CERTAIN PROPERTIES LYING ADJACENT TO THE CORPORATE LIMITS
OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID
PROPERTIES TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS." This Ordinance is
summarized as follows: The City of Paducah hereby approves the final annexation of certain tracts of
property contiguous to the present city limits, located at 5310 Harris Road; 5201 & 5325 Hinkleville
Road; 5450 Old Hinkleville Road; 2705 Olivet Church Road and other properties as described in
Ordinance No. 2018-7-8540, and containing approximately 69.83 acres of land, more or less.
APPROVE CONTRACT FOR PAT & JIM BROCKENBOROUGH ROTARY HEALTH PARK
SPRAYGROUND AND RESTROOM PROJECT
Commissioner Rhodes offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE ACCEPTING THE BASE BID
OF EVRARD-STRANG CONSTRUCTION, INC., FOR THE PAT AND JIM
BROCKENBOROUGH ROTARY HEALTH PARK SPRAYGROUND AND RESTROOM
FACILITY CONSTRUCTION, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This Ordinance is summarized as follows: The City of Paducah hereby
authorizes the Mayor to execute a contract with Evrard-Strang Construction, Inc. in the amount of
$515,000 for construction of a sprayground and restroom facility at the Pat and Jim Brockenborough
Rotary Health Park.
COMMENTS
CITY MANAGER COMMENTS
City Manager Arndt complimented the crews that participated and helped with BBQ on the River.
BOARD OF COMMISSIONERS COMMENTS
Mayor Harless announced that the recreational trails program grant will be awarded in an amount of
$100,000 to install a pedestrian footbridge over Perkins Creek to connect the Greenway Trail to the
McCracken County trail system.
Commissioner Abraham spoke about a meeting that was held this week with Department of
Corrections Commissioner Jim Erwin. There will be programs coming soon to help people located at
Keeton Corrections transition out of the facility.
PUBLIC COMMENTS
Michael Swinford and Randy Beeler made comments about the Veterans Day Parade.
ADJOURN
Mayor Harless offered motion, seconded by Commissioner Rhodes, to adjourn the meeting. All in
favor.
Meeting ended at approximately 5:56 p.m.
ADOPTED: October 23, 2018
Brandi Harless, Mayor
ATTEST:
October 9, 2018
Lindsay Parish, City Clerk
October 23, 2018
Need File
1. Quitclaim Deed — COP - Cameron D. Brewer Northside of Flournoy Street (MO#2154)
2. Quitclaim Deed — COP — Darrell Matheny 1216 Park Avenue (MO #2146)
Contract File:
1. Contract For Services - Paducah -McCracken County Visitors Bureau (Fall 2018 Quilt
Show) (MO #2158)
2. Contract For Services GPEDC — (MO #159)
3. Professional Services Agreement — Bacon, Farmer, Workman (MO #2162)
4. Anthem Blue Cross/Blue Shield — Insurance Renewal (MO #2163)
5. Anthem Blue Cross/Blue Shield — Stop Loss (MO #2167)
6.
Financials File:
1. River Heritage Museum — 2017 Form 990
2. Paducah Art House Alliance, Inc. (Maiden Alley Cinema) — Year ended August 31, 2017
3. Paducah Symphony Orchestra — Year ended June 30, 2017
4. Market House Theatre — Year ended Jun 30, 2017
EMERGENCY COMMUNICATION SRVC:
Lambert, Sarah R.
FIRE - SUPPRESSION
Holzapfel, Jonathan J.
Matheny, Jeremy S.
McKinney, ShaeLea D.
Copeland, Angela R.
PARKS - SERVICES
Williams, Jordan
EPW - FLOODWALL
Bradley, Billy P.
FINANCE
CITY OF PADUCAH
PERSONNEL ACTIONS
October 23, 2018
NEW HIRE - FULL-TIME (FIT)
POSITION RATE
Data Entry Clerk $18.27/Hr
Firefighter
$12.97/Hr.
Firefighter
$12.97/Hr.
Firefighter
$12.97/Hr.
NEW HIRES - PART-TIME (PIT)ITEMPORARYISEASONAL
Revenue Technician
POSITION
RATE
Revenue Manager
$55.00/Hr.
NEW HIRES - PART-TIME (PIT)/TEMPORARY/SEASONAL
POSITION
RATE
Recreation Leader -Class Instructor
$17.00/Hr.
NCS/CS FLSA
NCS Non -Ex
NCS Non -Ex
NCS Non -Ex
NCS Non -Ex
NCS/CS FLSA
NCS Non -Ex
NCS/CS FLSA
NCS Non -Ex
Temp Pump Operator $10.00/Hr. NCS Non -Ex
PAYROLL ADJUSTMENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS
PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA
AND BASE RATE OF PAY AND BASE RATE OF PAY
Midkiff, Emi L. Accountant
Revenue Manager
$20.96/Hr.
$32.21 /Hr.
**Note: Erni will accrue vacation time as a ten (10) year employee**
Oliver, Dylan M. Account Clerk
Revenue Technician
$15.64/H r.
$16.50/H r.
TERMINATIONS - FULL-TIME (FIT)
Copeland, Angela R.
EPW - FLOODWALL
Hayden, Larry D.
POLICE OPERATIONS
Gilbert, William E.
Revenue Manager Resignation
TERMINATIONS - PART-TIME (PIT)ITEMPORARY/SEASONAL
POSITION REASON
Temp Pump Operator Resignation
Police Officer
Retirement
EFFECTIVE DATE
November 8, 2018
November 1, 2018
November 1, 2018
November 1, 2018
EFFECTIVE DATE
October 22, 2018
EFFECTIVE DATE
October 25, 2018
October 9, 2018
EFFECTIVE DATE
NCS Exempt October 11, 2018
NCS Non -Ex October 25, 2018
EFFECTIVE DATE
October 19, 2018
EFFECTIVE DATE
October 9, 2018
October 31, 2018
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A
KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES GRANT THROUGH THE
KENTUCKY LOCAL RECORDS BRANCH FOR THE PADUCAH POLICE DEPARTMENT
TO BE USED TO DIGITIZE FELONY CASE FILES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the submission of an
application for a Kentucky Department for Libraries and Archives grant through the Kentucky
Local Records Branch for the Paducah Police Department to be used to digitize felony case files.
The amount of the grant is dependent upon the bids received by the City. No local cash or in-
kind match is required.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
mo\grants\application- Ky Dept Libraries & Archives KDLA — Police 10-2018
INVITATION FOR BID PROPOSAL
The Office of the Paducah Police Department is applying for a Kentucky Local Records Program grant and is now
accepting bid proposals for services/equipment/supplies.
Special Conditions — See Attachment A
1. Bid proposals for micrographics services will only be considered from offerers whose laboratories are
certified by the Kentucky Department for Libraries and Archives, or from offerers who use certified
laboratories to process their microfilm.
2. Work must be performed in accordance with applicable policies and regulations of the Kentucky
Department for Libraries and Archives as stated in 725 KAR 1:050. Microfilm produced with grant funds
must be tested and approved by the Department before authorization for payment will be given.
3. Copies of digital images created as a result of this project must be supplied to the Kentucky Department
for Libraries and Archives upon completion of the project and before payment is rendered.
4. Offerers will supply all required diazo copies to the Kentucky Department for Libraries and Archives of
any microfilm created as a result of the project once the primary copy has cleared quality control.
5. Roll microfilm used in this project must be polyester based.
6. Micrographics services offerers must indicate the roll length that will be used and provide an estimated
roll count for each line item that is accurate to within one roll.
7. Grant funds may be expended for initial quality control costs. Costs accrued from additional quality
control services will be the sole responsibility of the offerer.
8. Offerers for services must make an on-site examination of the materials before submitting a bid
proposal. Special conditions or needs (photostats, bindings, physical conditions, formats, etc.) must be
taken into account before a proposal is submitted. All proposals must include the date the on-site
examination was made.
9. Clarification of terms, descriptions, conditions or specifications for equipment/supplies is the sole
responsibility of the offerer.
10. Bid proposals must include separate, itemized price quotes for each line item of the proposed project, or
section for which the offerer is making a proposal, and a total cost of all sections bid on.
11. Offerers must provide services or materials within the term of the grant following the beginning of the
FY 2019 and subsequent availability of state funds.
12. Written notification from the local agency and the signed, returned obligation statement shall
constitute a legal obligation on the part of the offerer to provide the services as stated.
13. Selection of a bid proposal is contingent upon the award of the Local Records Program grant and
subsequent availability of state funds.
14. Written proposals must be received no later than 2pm CDT, October 12, 2018 to be considered.
Signature/Title Printed Name Date
LR1.1
Attachment A
September 18, 2018
Project (Bid) Specifications: Paducah Police Department (PPD)
Section I - Scanning/Digitizing Paper Records
Scan/digitize approximately 200K pages (Approximately 80 cubic feet of paper records
or 43 mixed sized boxes) - Felony Investigation Files, L6669
o Electronic Arrangement (Mirror Boxes) - Electronic files must be foldered and
subfoldered just as they currently are arranged as paper files, i.e., foldered by
box number, thereby subfoldered chronological by case folders. Each image
must be searchable (OCR, or other). Documents are to be repacked in boxes
maintaining original numeric and chronological order.
o Documents (boxes) must be picked up from, and returned to, facility storage
shelving at PPD.
o Vender must provide both physical and electronic document access to PPD for
the entirety of project (while paper documents are off-site being converted).
2. Provide scanned images on an external portable media in a format preferred by PPD.
E.g., Vender provides PDF images on an external hard -drive.
Section II - Miscellaneous Equipment (boxes)
1. Repack each set of records as originally marked/Identified (per box label) into new one
(1) cubic foot archival boxes. Some records will need to go from a single box to multiple
boxes, in these cases boxes must be identified as box 1 of 2, 2 of 2, etc. Grantee must
approve storage boxes. (preferred box size is 1 cubic foot and of archival quality. PPD
will provide box labels for vender to use)
NOTE. It is the sole responsibility of the prospective bidder to evaluate box conditions,
sheet sizes, sheet/page counts, location pickup and delivery, record arrangement, and
any other aspect of this bid not explicitly expressed in these specifications.
IF YOU DO NOT WISH TO BID, PLEASE SUBMIT A NO BID.
Bids must be returned no later than 2Dm CDT. October 12. 2018 to:
Paducah City Clerk
300 South Fifth Street, 2nd Floor
PO Box 2267
Paducah, KY 42002-2267
To arrange an onsite review and/or for questions, please contact:
Amy Travis, Records Manager
Phone: (270) 444-8547
Email: atravis(a-),paducahky.gov
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO APPLY FOR A MATCHING GRANT IN THE AMOUNT
OF $3,000 FROM THE KENTUCKY LEAGUE OF CITIES LIABILITY GRANT PROGRAM
FOR THE PURCHASE OF MULCH TO BE PLACED AROUND PLAYGROUND
EQUIPMENT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute all documents necessary
to apply for a matching grant in the amount of $3,000 from the Kentucky League of Cities
Liability Grant Program for the purchase of mulch to be placed around playground equipment at
the Pat & Jim Brockenborough Rotary Health Park, Kolb Park and Stuart Nelson Park. Matching
funds will come from the Ground Supplies Account number 1000-2402-535150.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
\mo\grants\klc liability grant- mulch playground
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE
DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT
AGENCY, FOR AN ASSISTANCE TO FIREFIGHTERS MATCHING GRANT IN AN
AMOUNT OF $270,000 FOR A HEAVY RESCUE TRUCK FOR THE PADUCAH FIRE
DEPARTMENT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a grant application and
all documents necessary through the Department of Homeland Security, Federal Emergency
Management Agency, for an Assistance to Firefighters matching grant in the amount of
$270,000 for a heavy rescue truck for the Paducah Fire Department. Local cash match will be in
the amount of $30,000 which will be provided through the Fire Department's general fund.
SECTION 2. This order shall be in full force and effect from and after the date
of its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
\mo\grants\app-fire-homeland security FEMA 10-2018
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2019
KENTUCKY LITTER ABATEMENT GRANT THROUGH THE KENTUCKY DIVISION OF
WASTE MANAGEMENT FOR THE ENGINEERING/PUBLIC WORKS DEPARTMENT
STREET LITTER ABATEMENT PROGRAM
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application for a
2019 Kentucky Litter Abatement Program grant through the Kentucky Division of Waste
Management for the Engineering/Public Works Department's Street Litter Abatement programs.
The grant amount will be based on a formula using the total number of street miles within the
City and number of applicants. No local cash or in-kind match is required.
SECTION 2. This order will be in full force and effect from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
mo\grants\application-Litter Abatement 2019
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE PLANNING DEPARTMENT
TO SUBMIT A PRE -DISASTER MITIGATION MATCHING GRANT APPLICATION IN
THE AMOUNT OF $72,836 THROUGH THE US DEPARTMENT OF HOMELAND
SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE
AND INSTALLATION OF TWO GENERATORS FOR THE PADUCAH FIRE
DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATING TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the Mayor to execute all
required documents necessary for the Planning Department to submit a Pre -Disaster Matching
Grant application through the US Department of Homeland Security Federal Emergency
Management Agency (FEMA) requesting $72,836 for the purchase and installation of two (2)
generators for Fire Stations #4 and #5. A local match of 25% is required in the amount of
$24,279 which will be provided by the Paducah Fire Department operating budget.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
mo\grants\app —FEMA Pre -disaster Mitigation -fire station generators
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AMENDING MUNICIPAL ORDER NO. 2123
ENTITLED "A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S.
DEPARTMENT OF JUSTICE FOR A 2017-2018 EDWARD BYRNE MEMORIAL JUSTICE
ACCOUNTABILITY GRANT IN THE AMOUNT OF $11,284.00 FOR THE PURCHASE OF
A LICENSE PLATE READER SYSTEM FOR THE PADUCAH POLICE DEPARTMENT
AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL
DOCUMENTS RELATED TO SAME" TO CHANGE THE SCOPE OF SAID GRANT TO
PURCHASE FIVE (5) HAND-HELD RADIOS FOR THE PADUCAH POLICE
DEPARTMENT
WHEREAS, the City of Paducah applied for a 2017-2018 Edward Byrne
Memorial Justice Accountability Grant through the U.S. Department of Justice, adopted by
Municipal Order No. 1996 on August 22, 2017, to be used for the purchase of a license plate
reader system for the Paducah Police Department; and
WHEREAS, the City of Paducah accepted said grant award on July 10, 2018, by
approval of Municipal Order No. 2123; and
WHEREAS, the City of Paducah requested and received a change in scope of the
project through the US Department of Justice to use said grant funds for the purchase of five (5)
hand-held radios instead of the originally planned purchase of a license plate reader system; and
WHEREAS, it is now necessary to amend Municipal Order No. 2123 to reflect
the change in scope.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby accepts grant funds in the amount
of $11,284.00 through the U.S Department of Justice for a 2017-2018 Edward Byrne Memorial
Justice Accountability Grant for the purchase of a license plate reader syste,,, five (5) hand-held
radios for the Paducah Police Department and authorizes the Mayor to execute the Grant
Agreement and all related documents. No local or in kind match is required.
SECTION 4. This order shall be in full force and effect from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners October 23, 2018
Recorded by Lindsay Parish, City Clerk October 23, 2018
MO\grants\award-17-8 Edward Byrne Memorial Justice Accountability Grant JAG AMEND
Change Project Scope GAN R5.
US DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
GRANT ADJUSTMENT NOTICE
Ei
Grantee Information
Grantee
City of Paducah
Project Period;
10/01/2016 - BAN 003
Name:
LWnWg the services of a third party to
09/30/2020 Number:
Grantee
300 SOUTH 5TH STREET
Program
.
Address-P.O.
BOX 2267 PADUCAH,
o
BJA Date: 10/10/2018
42002
Grantee
Grant:
DUN$
08-239-7217
Kandla Conaway
Numbers
Grantee liN:
61-6001891
Application
2017-H3200-KY-
Number(s):
DJ
Vendor G:
616001891
Award
2017 -DJ -BX -
Number.
0301
2017-2018 JAG Mobile
Award
Prqjact Title:
Ucense Plate Reader
Amount:
$11,284.00
Project
Altering 2E21TTMtLzc activities
D Altering the purpose of the Epject
LI Changing theect site
molresponsibffity
0 Change in organization with primary
for implementation of grant
C1 Contracting out, sub -granting or otherwise
LWnWg the services of a third party to
L-3 Other (Please enter type of scope change
Oerfonn activities that are central to thelow)
I
LuMM of the award
.
The Paducah Police Department originally proposed ^
to purchase two (2) license plate readers. The
above referenced grant would have paid for one
(1) of these readers. Due to the delay in the
awarding of the 2017 ]AG funding, the Paducah ..
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I LTA IN01r ' " we) 0]aMOLU
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S.
DEPARTMENT OF JUSTICE FOR A 2018-2019 EDWARD BYRNE MEMORIAL JUSTICE
ACCOUNTABILITY GRANT IN THE AMOUNT OF $11,816 FOR THE PURCHASE OF
FIVE (5) HANDHELD RADIOS FOR THE PADUCAH POLICE DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL
DOCUMENTS RELATED TO SAME
WHEREAS, the City of Paducah applied for a 2018-2019 Edward Byrne
Memorial Justice Accountability Grant through the U.S. Department of Justice, adopted by
Municipal Order No. 2135 on August 21, 2018, to be used for the purchase of five (5) hand-held
radios for the Paducah Police Department; and
WHEREAS, the U.S. Department of Justice has approved the application and is
now ready to award this grant.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby accepts grant funds in the amount
of $11,816.00 through the U.S Department of Justice for a 2018-2019 Edward Byrne Memorial
Justice Accountability Grant for the purchase of five (5) hand-held radios for the Paducah Police
Department and authorizes the Mayor to execute the Grant Agreement and all related documents.
No local or in kind match is required.
SECTION 4. This order shall be in full force and effect from and after the date
of its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners October 23, 2018
Recorded by Lindsay Parish, City Clerk October 23, 2018
MO\grants\award-18-19 Edward Byrne Memorial Justice Accountability Grant JAG
U.S. Department of Justice
Office of Justice Programs
Office of the Assistant Attorney General Washington, D.0 20531
October 1, 2018
The Honorable Brandi Harless
City of Paducah
300 South 5th Street
P.O. Box 2267
Paducah, KY 42002-2267
Dear Mayor Harless:
On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -
Local Solicitation in the amount of $11,816 for City of Paducah.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Kandia M. Conaway, Program Manager at (202) 514-9205; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Matt Dummermuth
Principal Deputy Assistant Attorney General
Enclosures
�MENT OF G
QPP ST 1
o-
nF oVC
O��USTICE fP
OCR Letter to All Recipients
October 1, 2018
The Honorable Brandi Harless
City of Paducah
300 South 5th Street
P.O. Box 2267
Paducah, KY 42002-2267
Dear Mayor Harless:
OFFICE FOR CIVIL RIGHTS
Office of Justice Programs
U.S. Department of Justice
810 7th Street, NW
Washington, DC 20531
Tel: (202) 307-0690
TTY: (202) 307-2027
E-mail: askOCR@usdoj.gov
Website: www.ojp.usdoj.gov/ocr
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at https:Hojp.gov/about/ocr/vawafags.httn.
Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
https://www.lep.gov.
Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016,
prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of
worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly
religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded
explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot
compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ
are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a
religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written
notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded
faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the
regulation, please see the OCR's website at https:Hojp.gov/about/ocr/partnerships.httn.
SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended,
34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-
case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult
with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in
employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964 (June 2013), available at https:Hojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be
mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion
may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory,
recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis
of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment
practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of
DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more
information on whether your organization is subject to the EEOP requirements, see https:Hojp.gov/about/ocr/eeop.htm. Additionally, you
may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at
EEOPforins@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAB must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement, see https:Hojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance, please contact us.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
U.S. Department of Justice
Office of Justice Programs
Q
PAGE 1 of 24
Bureau of Justice Assistance
Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
4. AWARD NUMBER: 2018 -DJ -BX -0593
City of Paducah
300 South 5th Street P.O. Box 2267
5. PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2019
Paducah, KY 42002-2267
BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2019
6. AWARD DATE 10/01/2018
8. SUPPLEMENT NUMBER
7. ACTION
Initial
2a. GRANTEE IRSNENDOR NO.
616001891
00
2b. GRANTEE DUNS NO.
9. PREVIOUS AWARD AMOUNT $ 0
082397217
3. PROJECT TITLE
10. AMOUNT OF THIS AWARD $ 11,816
City of Paducah/McCracken County Hand Held Radio Project
11. TOTAL AWARD $ 11,816
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FYI8(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including
subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummermuth
Brandi Harless
Mayor
Principal Deputy Assistant Attorney General
17. SIGNATURE OFAPPROVINGOFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21. TDJUGTI134
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 11816
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
1. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or a certification or assurance related to conduct during the award period --
may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https:Hojp.gov/funding/Part200UnifonnRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https:Hojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
5. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2016, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
6. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
7. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https:Hojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
9. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
10. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https:Hojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
11. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https:Hojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incorporated by reference here.
12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
14. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
15. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https:Hojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
16. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
17. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith -based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current"
data.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 7 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
21. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
22. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2018, are set out at
https:Hojp.gov/funding/Explore/FYI 8AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact
information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 8 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
24. Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
26. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
28. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
29. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
30. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
31. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
34. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 11 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
35. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
36. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
37. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
38. Law enforcement task forces -required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
39. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 12 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
40. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34
U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (MICS), or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NILS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-
relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
41. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid
award acceptance by a local government
In order validly to accept this award, the applicant local government must submit the required "State or Local
Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer
of the local government). Unless that executed certification either-- (1) is submitted to OR together with the fully -
executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is
submitted to OJP, any submission by a local government that purports to accept the award is invalid.
If an initial award -acceptance submission by the recipient is invalid, once the local government does submit the
necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully -executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Indian tribe.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 13 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644;
ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -
agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government
entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an
"information -communication restriction" under this award.
2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and
1644, properly executed by the chief legal officer of the government or educational institution that would receive the
subaward, using the appropriate form available at https:Hojp.gov/funding/Explore/SampleCertifications-8USC 1373.htm.
Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local
government, or a public institution of higher education, unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive
the further subaward, using the appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
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SPECIAL CONDITIONS
award acceptance.
43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal
law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information -communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information -communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "Noninterference (within the funded'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644 and ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an
information -communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with
award funds is subject to any information -communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644
and ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information -communication restriction" has the meaning set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and
1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full.
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U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of
certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition --
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement
purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
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U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 16 OF 24
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SPECIAL CONDITIONS
45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier).
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised
"anywhere in or outside the United States" -- within the funded program or activity, no State or local government
entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of
the United States acting under color of federal law) by impeding access to any State or local government (or
government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person
believed to be an alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8
U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that --
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 OF 24
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SPECIAL CONDITIONS
46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or
local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere
with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be
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SPECIAL CONDITIONS
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for
detention.
D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
47. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education,
unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and
Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent
with regular document retention requirements, and must be made available to DOJ upon request. Responses to these
questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization,
or a private institution of higher education.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 19 OF 24
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SPECIAL CONDITIONS
48. Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
49. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
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SPECIAL CONDITIONS
50. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
51. Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -
resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
52. Body armor - compliance with NIJ standards and other requirements
Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-annor.aspx). In addition,
ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely
fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/
topics/ technology/ body -armor/ pages/ safety-initiative.aspx.
53. Body armor - impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the
BVP statute at 34 USC 10531(c)(5).
54. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
55. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
56. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as
set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such
expenditures essential to the maintenance of public safety and good order.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 21 OF 24
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SPECIAL CONDITIONS
57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
58. Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
59. Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside, unless evidence of NIBRS compliance has been submitted
to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC
10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been
submitted to and approved by BJA.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 22 OF 24
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SPECIAL CONDITIONS
60. Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once
registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success
Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
61. Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
62. Initial period of performance; requests for extension
The recipient understands that the initial period of performance for this award is two years. The recipient further
understands that any requests for an extension of the period of performance for this award will be approved
automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the
program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and
the approval (if any) will be at the discretion of the Director of BJA.
63. Withholding of funds: DHS questions
The recipient may not obligate, expend or drawdown funds until the Office of Justice Programs has received and
approved the required application attachment(s) described in the program solicitation as "Information regarding
Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement
(ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 23 OF 24
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SPECIAL CONDITIONS
64. Withholding of funds: Subrecipient monitoring policies
The recipient's response to the Subrecipient Management and Monitoring question(s) of the Financial Management and
System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the
activities of any subrecipient, as necessary, to ensure that the subaward is used for authorized purposes in compliance
with Federal laws, regulations, and the terms and conditions of the subaward and that subaward performance goals are
achieved. (See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies and
procedures to the OJP program office.
If the recipient anticipates that it will not make a subaward under this award then, instead of submitting subrecipient
monitoring policies and procedures, the recipient agrees that it must advise OR in writing that it does not intend to
make a subaward under this award.
The recipient may not obligate, expend, or draw down funds under this award until either-- (1) the OR program office
has received, and OR has reviewed and approved, the subrecipient monitoring policies and procedures, or (2) the OR
program office has received and considered the recipient's written communication and has agreed (for purposes of
federal grants administrative requirements) that no subawards are anticipated under this award ? and a Grant
Adjustment Notice has been issued to remove this condition.
The recipient understands and agrees that it is obligated to immediately notify the OR grant manager in writing of any
later change in its plan to make or not make a subaward under this award.
65. Withholding of funds: Disclosure of lobbying
The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant
manager for this OR award a complete Disclosure of Lobbying Activities (SF -LLL) form, and OR has issued a Grant
Adjustment Notice to remove this special condition.
66. Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OR has reviewed and approved the
Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
67. The recipient agrees promptly to provide, upon request, financial or programmatic -related documentation related to
this award, including documentation of expenditures and achievements.
68. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which
may be on short notice, and agrees that it will cooperate with any such monitoring.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 24 OF 24
Grant
PROJECT NUMBER 2018 -DJ -BX -0593 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
69. Withholding of funds: Completion of "OJP financial management and grant administration training" required
The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's
Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an
"OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues a Grant
Adjustment Notice (GAN) to modify or remove this condition.
Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient
may contact the designated grant manager for the award to request initiation of a GAN to remove this condition.
A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for
purposes of this condition is available at https:Hojp.gov/training/fints.httn. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
70. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice
(GAN) releasing this special condition.
ON FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
o ,
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Paducah
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see https://www.bja.gov/Funding/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
U.S. Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs
PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE 1 OF 1
2018 -DJ -BX -0593
This project is supported under FY18(BJA -JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including
subpart I of part E (codified at 34 U.S.C. 10151- 10158); see also 28 U.S.C. 530C(a)
1. STAFF CONTACT (Name & telephone number)
2. PROJECT DIRECTOR (Name, address & telephone number)
Kandla M. Conaway
Melanie Townsend
(202) 514-9205
Grants Administrator
300 So. 5th Street
P.O. Box 2267
Paducah, KY 42002-2267
(270) 444-8690 ext.2063
3a. TITLE OF THE PROGRAM
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
4. TITLE OF PROJECT
City of Paducah/McCracken County Hand Held Radio Project
5. NAME & ADDRESS OF GRANTEE
6. NAME & ADRESS OF SUBGRANTEE
City of Paducah
300 South 5th Street P.O. Box 2267
Paducah, KY 42002-2267
7. PROGRAM PERIOD
8. BUDGET PERIOD
FROM: 10/01/2017 TO: 09/30/2019
FROM: 10/01/2017 TO: 09/30/2019
9. AMOUNT OF AWARD
10. DATE OF AWARD
$ 11,816
10/01/2018
11. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of
criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance,
training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose
areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs;
5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than
compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list
(www.bja.gov/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any
OJP FORM 4000/2 (REV. 4-88)
equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing
public/officer safety.
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH THE U.S.
DEPARTMENT OF JUSTICE FOR A 2018 U.S. BULLETPROOF VEST PARTNERSHIP
GRANT AWARD IN AN AMOUNT OF $6,330 FOR THE PURCHASE OF FIFTEEN (15)
BODY ARMOR VESTS FOR USE BY THE PADUCAH POLICE DEPARTMENT
WHEREAS, the City of Paducah applied for a 2018 U.S. Bulletproof Vest
Partnership Grant through the U.S. Department of Justice, adopted by Municipal Order No. 2100
on May 23, 2018, to be used for the purchase of fifteen (15) body armor vests hand-held radios
for the Paducah Police Department; and
WHEREAS, the U.S. Department of Justice has approved the application and is
now ready to award this grant.
KENTUCKY:
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
SECTION 1. That the Paducah Police Department is hereby authorized draw
down grant funds as acceptance of grant conditions for a 2018 U.S. Bulletproof Vest Partnership
Grant through the U.S. Department of Justice in the amount of $6,330 to be used to purchase
fifteen (15) body armor vests for the Police Department. The 50% local match of $6,330 will be
provided by the Police Department's operating funds.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
\mo\grants\award - police -bulletproof vest 2018
APPLICATION SUMMARY
Date Submitted to BVP: 05/29/18
Application Status:
APPLICATION PROFILE
Participant
Fiscal Year
Number of Agencies
Applied
Total Number of Officers
for Application
Number of Officers on
Approved Applications
APPLICATION PROFILE
Fiscal Year
Vest Replacement
Cycle a
Number of Officers
Number of Number
Emergency of Stolen
Replacement or
Needs 10 Damaged
Approved by BVP
PADUCAH CITY
2018
N
71
71
2018
5
71
Y,
Number
of Officer 0
Turnover
APPLICATION SUMMARY FOR FY 2018 REGULAR FUND
Applicant Quantity Total Cost Date Status
Submitted
PADUCAH Approved by
CITY 15 $12,660.00 05/29/18 BVP
View Details
Grand 15 $12,660.00
Totals:
AWARD SUMMARY FOR FY 2018 REGULAR FUND
Funds
Eligible Date
Award Status
Type
Amount Approved
Regular
Approved by
$12,660.00 $6,330.00 10/03/18
Fund
BVP
Grand
$12,660.00 $6,330.00
Totals:
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SERVICES WITH MIDTOWN ALLIANCE OF NEIGHBORS IN AN
AMOUNT NOT TO EXCEED $241,500 FOR SPECIFIC SERVICES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with
Midtown Alliance of Neighbors in an amount not to exceed $241,500 for performance of
services as outlined in said contract. An amount of $141,500 shall be for operational funding and
an amount not to exceed $100,000 shall be for matching grant funds. This contract shall expire
June 30, 2019.
SECTION 2. This expenditure will be charged to Midtown Alliance Account No.
24000401-580680.
SECTION 3. This Municipal Order shall be effective from and after the date of
its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
\mo\contract-Midtown Alliance of Neighbors
CONTRACT FOR SERVICES
This Contract for Services, effective this day of , 2018, by and between
the CITY OF PADUCAH 7FI1VTDIIDTOWN ALLIANCE OF NEIGHBORS.
WITNESSETH:
WHEREAS, the MIDTOWN ALLIANCE OF NEIGHBORS strives to create
strong neighbors and neighborhoods through education, community activities, and
home rehabilitation within the City of Paducah;
WHEREAS, the MIDTOWN ALLIANCE OF NEIGHBORS since its founding
in 2008 as a 501(c)(3) non-profit organization has maintained close ties with the
local community in which it serves and includes those neighbors on its Board of
Directors;
WHEREAS, over 170 families needing critical safety, security, accessibility,
maintenance, and weatherization repairs have been helped during Midtown®
annual Repair Affair events; and
WHEREAS, since 2012, MIDTOWN ALLIANCE OF NEIGHBORS has
provided emergency repairs for 62 elderly, disabled or low-income households
totaling $585,524 and included: 27 roof replacements, 11 new HVAC systems
(some with ductwork), 7 complete electrical rewires, 6 accessible bathrooms;
WHEREAS, the MIDTOWN ALLIANCE OF NEIGHBORS provides reentry
opportunities for men from the local halfway house who perform community
service work as well as the local Lifeline's addiction recovery program;
WHEREAS, the MIDTOWN ALLIANCE OF NEIGHBORS has been an
exceptional partner in the Fountain Ave project, completely renovating five
houses and providing cleanout and basic maintenance on many homes as
requested;
WHEREAS, many of these projects have been completed using grant funds that
awarded from a variety of sources with strict guidelines, such as the Federal
Home Loan Bank of Cincinnati, Kentucky Housing Corporation's Houseworks
program and GAP Pool, and Kentucky Heritage Council 3fflistoric Tax Credits;
WHEREAS, the MIDTOWN ALLIANCE OF NEIGHBORS has met with the
staff of the Kentucky Housing Corporation to discuss the possibility of being
invited to be a designated Community Housing Development Organization
(CHDO);
WHEREAS, creating strong neighbors and neighborhoods through education,
community activities, and home rehabilitation in the Paducah area serves a valid
public purpose;
WHEREAS, the City of Paducah desires to help build the capacity of the
MIDTOWN ALLIANCE OF NEIGHBORS to become a CHDO certified by the
Commonwealth;
1/3
WHEREAS, safe and high quality affordable housing is critically needed in
Paducah; and
WHEREAS, the City of Paducah needs a reliable, locally -connected partner in
providing affordable housing.
NOW THEREFORE, in consideration of the foregoing premises and the mutual
covenants as herein set forth, the parties do covenant and agree as follows:
SECTION 1: TERM
The term of this contract for services shall be from the effective date of the contract until June
30, 2019.
SECTION 2: TERMINATION
Either party may terminate this Contract for Services upon failure of any party to comply with
any provision of this agreement provided any such party notifies the other in writing of such
failure and the breaching party fails to correct the breach within thirty (30) calendar days of the
notice.
SECTION 3: OBJECTIVES AND SERVICES
(A) To advance their capacity to fulfill the mission of providing safe and affordable housing in
the City of Paducah, the MIDTOWN ALLIANCE OF NEIGHBORS shall specifically:
• Hire and employ one full-time construction manager to handle the actual renovation
and construction activities, and one full-time equivalent staff capable of fulfilling
record management and financial accountability standards as outlined in 24 CFR 84.2 1,
"Standards for Financial Management Systems";
• Provide assistance in the renovation, rehabilitation and construction of safe and
affordable housing in the City of Paducah focusing on the needs of senior, disabled and
low-income residents;
• Maintain their 501(c) tax-exempt status and maintain a record of good standing; and
• Continue building sufficient capacity to meet the KH❑3M lEl(KM BCLW FLIVORIZE7
CHDO.
(B) The MIDTOWN ALLIANCE OF NEIGHBORS shall maintain the emergency repair
assistance program addressing life, health, and safety concerns, and undertake the provision
of at least 5 affordable housing units, in some combination of new construction or
renovation that is grant funded.
SECTION 4: OPERATIONS PAYMENT
(A) In consideration of the MIDTOWN ALLIANCE OF NEIGHBORS meeting the objectives
and services indicated in item (A) of Section (3) and compliance with this Contract, the
City shall pay the MIDTOWN ALLIANCE OF NEIGHBORS an amount not to exceed
ONE HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($141,500)
to be disbursed in three (3) installments. The first installment shall be on or after November
1 St; second installment on or after February 1St; and third installment on or after June 1 st. In
Z/3
the event that this contract for services is terminated, the City shall not be obligated to
make any further payments.
(B) In consideration of the MIDTOWN ALLIANCE OF NEIGHBORS meeting the objectives
and services indicated in item (B) of Section 3, the City shall pay the MIDTOWN
ALLIANCE OF NEIGHBORS an amount not to exceed ONE HUNDRED THOUSAND
DOLLARS ($100,000) to be used with applicable grant award(s).
SECTION 5: ACCOUNTING
(A) For payment under item (A) in Section 4, the MIDTOWN ALLIANCE OF NEIGHBORS
shall supply documentation demonstrating the employment of requisite personnel, such as
W-2 forms, and shall supply an annual financial audit to the City. Further, the MIDTOWN
ALLIANCE OF NEIGHBORS shall provide a periodic summary of activities that meet the
objectives and services prior to the installment dates indicated in Section 4.
(B) For payment under item (B) in Section 4, the MIDTOWN ALLIANCE OF NEIGHBORS
shall provide appropriate documentation of the applicable grant award.
SECTION 6: ENTIRE AGREEMENT
This contract for services embodies the entire agreement between the parties and all prior
negotiations and agreements are merged in this agreement. This agreement shall completely and
fully supersede all other prior agreements, both written and oral, between the parties.
SECTION 7: WITHDRAWAL OF FUNDS
Notwithstanding any other provision in this Contract for Services, in the event it is determined
that any funds provided to the MIDTOWN ALLIANCE OF NEIGHBORS are used for some
purpose other than in furtherance of the services described herein, the City shall have the right to
immediately withdraw any and all further funding and shall immediately have the right to
terminate this Contract for Services without advance notice and shall have the right to remedies
provided in the law to seek reimbursement for all monies not properly accounted.
Witness the signature for the parties as of the year and date first written above.
CITY OF PADUCAH MIDTOWN ALLIANCE OF NEIGHBORS
Brandi Harless, Mayor Janel Tate, President
R: �Planning�20 Community Development�Midtown Alliance�MAN Contracts � Contract 2018 Midtown Alliance.docx
3/3
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CIVIL DESIGN, INC. (CDI) IN AN
AMOUNT OF $26,500 FOR A STRUCTURAL AND GEOTECHNICAL ANALYSIS OF
THE FORMER EXECUTIVE INN SHOWROOM LOUNGE BUILDING
WHEREAS, in an effort to develop the Paducah Riverfront from the Carson
Center to the Convention Center, the Planning Department is assessing redevelopment
opportunities for the former Executive Inn Showroom Lounge located at 415 Park Street,
adjacent to the Paducah McCracken County Convention and Expo Center; and
WHEREAS, the former Showroom Lounge has sat vacant since
approximately 2009 and the City now desires to contract with Civil Design, Inc. to analyze
the structural soundness of the building for future development; and
WHEREAS, a written determination has been made by the City Manager that
this contract is for professional engineering services and will be a noncompetitive negotiation
purchase, pursuant to KRS 45A.380(3).
KENTUCKY:
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
SECTION 1. That the Mayor is hereby authorized to execute a professional
services agreement with Civil Design, Inc., for structural and geotechnical analysis of the
former Executive Inn Showroom Lounge building located at 415 Park Street and adjacent to
the Paducah Convention Center.
SECTION 2. This agreement shall be in the amount of $26,500 and will be
charged to Account No. 40001201-523070, Project No. DT0044.
SECTION 3. This Order will be in full force and effect from and after the
date of its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
MO\contract-Civil Design Showroom Lounge Analysis
CIVIL DESIGN, INC.
WBE]DBE
September 22, 2018
Sheryl Chino
Planning Project Manager
City of Paducah
Planning Department
P.O. Box 2267
Paducah, KY 42002-2267
SUBJECT: Proposal for Structural Engineering Services ❑415 Park Street Building (Old Showroom
Lounge adjacent to Paducah Convention Center)
CDI Project Number: P3518.01
Dear Sheryl:
Thank you for the opportunity to provide this proposal for professional structural engineering services.
The following depicts our understanding of the scope of work for this project.
PROJECT DESCRIPTION
CDI will perform the following services for the City of Paducah:
❑ Perform a comprehensive structural evaluation of the existing framing system that is
currently supporting the 415 Park Street building as mentioned in the inspection report.
❑ Upon completion of the structural evaluation CDI will provide a report with
recommendations to the City related to:
o Steel substructure piers
o Steel substructure framing
o Steel wall & roof framing
o Concrete sidewalks
o Steel handrailing
o Concrete hollow -core floor beams
o Geotechnical aspects of the river bank and the foundations
❑ CDI will provide estimated floor load capacities based on the inspection and assumed
material grades based on information common for the timeframe of original construction.
❑ CDI will provide any recommendations necessary for repairs or improvements necessary
1
Proposal for Structural Engineering Services 11415 Park Street Building
CDI Project Number P3518.01
PROJECT FEES
Structural Analysis of existing building $16,500
Geotechnical (Borings & Report) $10,000
This contract will be considered a lump sum, unless another method is preferred.
: RLIf,I EIME GMUM1011 ❑LIJJ REE1RP SOWZEJUEEXYfB or on a monthly
basis. Invoices are payable based on the payment terms defined in the contract. One and one-half percent
(1.5%) per month will be charged on amounts outstanding 60 days.
Please call if you have any questions. We sincerely look forward to working with you on this project.
Sincerely,
CIVIL DES/GN, INC.
Building Stronger Communities
ADAM D. BOHNHOFF, PE, SE
Structural Department Manager
www.civildesigninc.com
abohnhoff(cDcivildesigninc.com
Authorized (Signature):
Authorized (Print):
Company Name:
Title:
The above signed company representative agrees to the terms of this proposal, and authorizes Civil
Design, Inc. to commence work, as described in this proposal above.
0a
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH CONSULTECON, INC. IN AN
AMOUNT NOT TO EXCEED $34,775 FOR PREPARATION OF A HOTEL MARKET
STUDY OF THE RIVERFRONT AND DOWNTOWN AREA
WHEREAS, in an effort to develop the Paducah Riverfront from the Carson
Center to the Convention Center, the Planning Department desires to contract with
ConsultEcon, Inc., for preparation of a hotel market study of the riverfront and downtown
area; and
WHEREAS, a written determination has been made by the City Manager that
this contract is for professional services and will be a noncompetitive negotiation purchase,
pursuant to KRS 45A.380(3).
KENTUCKY:
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
SECTION 1. That the Mayor is hereby authorized to execute a professional
services agreement with ConsultEcon, Inc., for a hotel market study for the riverfront and
downtown area.
SECTION 2. This agreement shall be in the base amount of $32,500 plus
potential additional costs not to exceed $2,275 for a total amount not to exceed $34,775. This
expenditure will be charged to Account No. 40001201-523070, Project No. DT0044.
SECTION 3. This Order will be in full force and effect from and after the
date of its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
MO\contract-Consult Econ Riverfront Downtown Hotel Market Study
ConsultEcon, Inc.
October 2, 2018
Sheryl Chino
Planning Project Manager
City of Paducah
Planning Dept.
P.O. Box 2267
Paducah, KY 42002
Sent via email: sdchino0paducaky.gov
RE: Proposal for Market Study of a New Downtown Hotel in Paducah, KY
Dear Sheryl,
Based on our recent conversations, ConsultEcon is pleased to submit this proposal to
complete a hotel market study for the City of Paducah, KY. We understand that the City of
Paducah is looking to include a third -party market assessment of the potential demand for
a new hotel in downtown Paducah to include in its application for tax increment funds from
the Commonwealth of Kentucky.
This proposal includes a description of our firm and relevant experience, scope of services,
optional services, fees, timing, and contractual issues.
FIRM PROFILE
ConsultEcon, Inc. was established in 1991 to provide strategic business advisory services to
clients in the fields of tourism, hospitality, visitor attractions, real estate development, and
community economic development. Our services include:
Market and Financial Feasibility Studies: Evaluation of the market support for
and financial feasibility of a wide range of real estate and tourism projects.
Business and Master Plans: Development of business plans and master plans for
hospitality, visitor attractions and other real estate.
i Site Evaluation and Selection: Assessment of sites from a market and economic
perspective in a structured process to support owners and physical designers to
identify and secure the best site for their project.
i Management and Operational Analysis: Evaluation of management and
operational aspects of programs and projects, and analysis of alternative
organizational strategies and models.
Socio -Economic Impact Evaluations: Analysis of the socio-economic impacts
associated with project and program development.
Phone: +1 (617) 547-0100 fax: +1 (617) 547-0102 $45 Concord Avenue, Suite 210, Cambridge, MA 02138 U.S.A.
www.consultecon.com Ofo@consultecon.com
ConsultEcon, Inc.
i Project Implementation: Targeted strategies for achieving project and plan
implementation.
i Organization Strategies: Repositioning facilities and organizations to better
address their audiences, respond to market and funding changes, and identify
strategies to enhance mission fulfillment and revenue generation.
Our studies are essential to the conceptualization and planning of real estate because they
provide an objective economic analysis, assist with right -sizing, and the development of
operating plans. The senior staff at ConsultEcon have many years of experience serving a
wide range of clients, including private companies, financial institutions, municipalities,
county and state governments, universities, non-profit organizations, and developers. The
staff understands the needs and motivations of both the public and private sectors. Much
of ConsultEcon's work has been in multidisciplinary settings where associated
professionals have worked to develop action plans or to generate process -oriented
solutions to complex projects.
ConsultEcon's national and international experience provides insights and information
regarding best practices and success factors as well as benchmarks and case studies. Our
substantial knowledge of market, financial and operational issues of hospitality and visitor
attractions, nationally and internationally is the basis for our work. The staff of
ConsultEcon has completed more than 850 assignments, including market and feasibility
studies, business plans and implementation strategies, pre -opening plans, management
and operational strategies. Our ongoing work and more than 3,000 project reference files
provide a vast body of information from which to draw comparable experiences, operating
factors, and to identify the approaches that are most effective. Our knowledge of the
industry helps us to communicate effectively and efficiently with the client group, facility
personnel, and allied professionals. Additional information can be found on our website,
www.consultecon.com.
RELEVANT EXPERIENCE
ConsultEcon is familiar with the market context and trends impacting the potential for a
new hotel in downtown Paducah due to its prior experience in the City. ConsultEcon's
experience is as follows.
Downtown Hotel Market Study: Paducah, KY -Paducah Downtown Hotel:
Paducah, Kentucky - Evaluated the market potential for a downtown hotel to
inform the city's plans for attracting a developer and operator. Work included a
review of trends in hotel supply and demand, an assessment of potential demand
from leisure, convention/conference and transient business market segments, and
recommendations on project size, scale and positioning.
Renaissance Area Master Plan: Paducah, KY - Paducah Renaissance Area
Master Plan: Paducah, Kentucky - Identified ways to link Paducah's arts and
cultural destinations within the downtown and waterfront area, as part of a multi-
disciplinary team. An important part of the analysis was a review of other arts -
oriented communities in order to identify appropriate cultural tourism product mix
2
ConsultEcon, Inc.
and marketing strategies for the City, the Main Streets organization and the local
convention and visitors bureau. In addition, we evaluated the how the demand for a
downtown hotel from arts and cultural market segments to inform the city's plans
for attracting a developer and operator.
River Heritage Museum: Paducah, KY - ConsultEcon staff conducted market
analysis, financial and operations planning, and economic impacts evaluation for the
major expansion planned for the River Heritage Museum. As a follow-up to that
market study, we participated in a charrette with other team members to refine the
planning work for the expansion.
William A. Clark Market House Museum: Paducah, KY - As part of a multi-
disciplinary team including architecture and exhibit design, ConsultEcon provided
input on site issues and facility programming, reviewed resident and tourist market
information to estimate attendance potential, and developed a business plan for this
new regional history museum.
Other relevant tourism project experience includes:
Owensboro Convention Center: Owensboro, Kentucky - Evaluated the market
opportunity and appropriate scale and amenities of the proposed Owensboro
Convention Center. The Owensboro Convention Center was replacing an obsolete
convention hall and hotel and is a key component of the city's downtown
revitalization. This included review of alternative operating and management
scenarios; site analysis; review of comparable and competitive projects; and
potential event activity.
Economic and Fiscal Impact of Alternative Waterfront Uses: Alexandria,
Virginia - Evaluated the economic impacts and fiscal revenues of alternative uses
for the Alexandria Economic Development Partnership. Three development
scenarios were evaluated, including: residential townhomes; mixed-use hotel,
restaurant and office space; and arts and cultural uses.
Conference Center/Hotel Feasibility: Austin, Texas - Analyzed the market
potential for development of a hotel/conference center to be located in a former
student dormitory facility. Also outlined the hotel/conference center concept,
reviewed the hotel and meetings market and the local and regional competitive
context, described the market potential for those uses, and evaluated the financial
implications of a phased conversion.
Riverfront Development Feasibility: North Augusta, South Carolina - Evaluated
alternative approaches to developing a major flood plain area. Development has
been made feasible by recent water projects, and uses under consideration include:
residential, commercial, golf course, marina and conference center. Issues
addressed include market support, infrastructure funding, cost benefit analysis,
fiscal and economic impacts, and alternative funding strategies including tax
increment financing (TIF). CEI worked part of a multi -disciplinary planning team.
3
ConsultEcon, Inc.
i Ft. Devens Business Services Center: Devens, Massachusetts - Evaluation of the
market support for a business services center in Devens, MA. This study made
specific recommendations for types of retail businesses and services that would be
appropriate for the site, as well as the type and amount of residential space. Also
reviewed hotel room supply and demand and lodging trends in the area, and made
recommendations for hotel provision, including conference center requirements
and possible enhancement of the Devens Sports Arena.
SCOPE OF SERVICES
Task 1. Project Initiation
Review existing reports and plans on downtown Paducah, hospitality data, and tourism
reports provided by the City. Meet with the city in Paducah to confirm the scope and goals
for the hotel market study, tour the downtown area and potential sites for a new hotel, and
discuss the redevelopment plan and state funding application to provide additional context
for the proposed hotel development.
Task 2. Downtown Site Review
Evaluate proposed site(s) for new hotels as identified by the city from a market
perspective. Relevant factors that influence the new hotel's market opportunity will be
evaluated, such as location in downtown, site ownership, site size and marketability,
potential for parking, and adjacent and nearby uses, as appropriate. Identify site most
suited for new hotel development based on the relevant factors.
Task 3. Supply Analysis
Review the current context for the accommodations industry in Paducah and the
metropolitan area by developing baseline information on current supply, including B+B's,
motels, hotels and any other accommodations as appropriate. This would include a review
of rooms available, rates, and quality and type of facility, as well as location related to
downtown Paducah.
Task 4. Existing Hotel Demand Trends
Generate operating data on the accommodations supply such as room nights sold, sold out
nights, annual and monthly occupancy rates, and average daily rates as data are available.
Task 5. Operating Profile
Generate hotel demand data by interviewing key generators of business such as the
Seaman's Institute, Carson Center, Paducah -McCracken County Convention and Expo
Center, attractions and event operators, area businesses and government and making
assumptions about the visiting friends and relatives (VFR) market and the general tourist
market based on attendance at area visitor attractions.
4
ConsultEcon, Inc.
Task 6. Demand for New Product
Make a preliminary judgment about the supply/demand relationship, product mix and
latent demand for new accommodations (with a particular orientation to the question of
the potential for a new hotel in downtown). We will also assess the potential effects of a
new hotel on demand at existing hotels.
Task 7. Memorandum Report
A final draft memorandum report will be prepared and submitted for review and comment.
Following a single round of client review, a revised final memorandum report will be
issued.
ADDITIONAL SERVICES
The client may request consulting services in areas beyond the scope of this contract.
Additional services at this phase of planning could include a project socio-economic
impacts report, additional on-site meetings, evaluation of changes in project definition, and
evaluation of other issues beyond those discussed in the scope of services. These or other
services can be compensated on an agreed-upon additional fixed fee or at our usual daily or
hourly billing rates. No additional services will be provided without the client's prior
written consent.
CONTRACTUAL PROVISIONS: FEES AND TIME
The total professional fee for Tasks 1 through 7 is $32,500, which includes all professional
time. This fee includes one consultant trip to Paducah for the client meeting and field work.
Direct costs such as travel, communications, data purchase, reproduction and other direct,
out-of-pocket costs will be billed at cost in addition to the professional fee, but will not exceed
7 percent ($2,275) of the total professional fee.
We will bill on a percentage complete basis, two times per month. Direct expenses will be
billed as they are incurred. We would require a deposit of 20 percent of the professional fee
($6,500) to initiate work on the project. The deposit would be applied as a credit against the
final invoices. Additional services will be separately contracted as required.
The time required to complete this study would be 6 to 8 weeks of commencing work, or
consistent with your overall project schedule. This timing assumes client availability
during the period of study.
5
ConsultEcon, Inc.
ACCEPTANCE
This proposal may be accepted by signing and returning one copy for the hotel market study
in downtown Paducah along with the appropriate deposit. The attached Standard Terms and
Conditions are hereby incorporated by reference as a part of this submittal. We hope that this
proposal is responsive to your needs. Should you feel any modification of the scope is
desirable or have any questions, please do not hesitate to call. This proposal will remain in
force for 45 days.
We look forward to working with you and your team on this very interesting and important
project.
Very truly yours,
J es Stevens
Senior Associate
T" I wkI
Thomas J. Martin
President
ACCEPTED BY: DATE:
31
CONSULTECON, INC.'S
STANDARD TERMS AND CONDITIONS
1. The Client's Responsibilities
1.1 The Client shall provide full information regarding the
requirements for the Project. If the Project involves changes to an
existing facility, the Client shall furnish accurate and complete
information describing the existing conditions at the facility, including
but not limited to plans, drawings, depictions, descriptions, and
programs of spaces. The Consultant shall be entitled reasonably to rely
upon the accuracy and completeness of the information provided in
accordance with this Paragraph.
1.2 The Client shall furnish required information and shall
render approvals and decisions as expeditiously as necessary for the
orderly progress of the Services.
1.3 The Client shall designate a representative authorized to act
in the Client's behalf with respect to the Project. The Client or such
authorized representative shall examine the documents submitted by
the Consultant and shall render decisions pertaining thereto promptly,
to avoid delay in the progress of the Services.
1.4 The Client shall provide for the Consultant's right to enter
from time to time, property owned by the Client and/or others so the
Consultant may perform the Services.
1.5 The Client shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the Project
including, without limitation, such legal services as the Client may
require or the Consultant may reasonably request with regard to the
applicability or legal interpretation of governmental laws and
regulations.
1.6 If the Client observes or otherwise becomes aware of any
fault or defect, or suspected fault or defect, in the Project or the
Services, prompt written notice thereof shall be given by the Client to
the Consultant.
1.7 The Client shall submit copies of proposed certificates or
certifications, if any, to the Consultant for review and approval at least
14 days prior to the date that the Client desires the Consultant to
execute them. The Client shall not request certifications that would
require legal opinions or knowledge or services beyond the scope of the
Agreement. All such certifications shall be limited to professional
opinions rendered in accordance with generally accepted standards of
professional practice.
1.7.1 The Client hereby agrees to reimburse the
Consultant, without mark-up, for the reasonable costs
incurred by the Consultant for legal counsel to review such
proposed certificates or certifications. Such expenses, if
any, will be included as a line item on the Consultant's
monthly statement for Reimbursable Expenses and shall be
paid by the Client within the time period specified in the
Agreement.
1.8 The Client agrees to name the Consultant as an additional
named insured on its Commercial General Liability (CGL) insurance
policy(ies), if any, applicable to the Project and to provide the
Consultant with a Certificate of Insurance evidencing compliance with
this provision.
2. Confidentiality
The Consultant agrees to keep confidential and not to disclose to any
person or entity, other than the Consultant's employees and consultants,
without proper consent of the Client, all data and information not
previously known to and generated by the Consultant, or in the public
domain, or furnished to the Consultant and marked
"CONFIDENTIAL" by the Client in the course of the Consultant's
performance of Services under the Agreement. These provisions shall
not be interpreted to, in any way, restrict the Consultant from
complying with an order to provide information or data when such
order is issued by a court, administrative agency or other authority with
proper jurisdiction.
3. Payments to the Consultant
3.1 The initial payment set forth in the Agreement, if any, is the
minimum payment under the Agreement. It shall be credited to the last
payment to become due on the Client's account.
3.2 If the Client disputes, in good faith, all or any portion of any
statement from the Consultant for Services or Reimbursable Expenses,
the Client shall notify the Consultant in writing within seven (7) days
of receipt of the disputed statement, describing the nature of the dispute
and including a reasonably detailed explanation of the reason for the
dispute. The Client and the Consultant will attempt in good faith to
resolve such disputes, if any. Amounts that are not in dispute shall be
due and payable as provided in the Agreement.
3.3 Timely payments of amounts due for Services and
Reimbursable Expenses shall constitute a condition precedent to the
Consultant's continued performance of its obligations under the
Agreement. If the Consultant so chooses, the Consultant may treat a
failure of the Client to make timely payments to the Consultant as a
suspension by the Client of the Consultant's Services. The Consultant
shall notify the Client in writing if the Consultant chooses to treat late
payments in the manner described herein.
4. Reimbursable Expenses
Reimbursable Expenses are in addition to the Consultant's
compensation for Services and include actual expenditures made by the
Consultant and the Consultant's employees in conjunction with the
Services, for the expenses listed in the following Subparagraphs:
4.1 Expenses of transportation in connection with the Services
(at a rate equal to current IRS guidelines for private automobile use);
long distance communications; and fees paid for securing approval of
authorities having jurisdiction over the Project
4.2 Travel and subsistence expenses
4.3 Expense of reproductions, postage, and handling of
documents
4.4 Expense of data processing and photographic productions
techniques
4.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the Client in
excess of that normally carried by the Consultant
4.6 Purchases of data and information.
5. Accounting Records
Records of Reimbursable Expenses and expenses pertaining to Services
performed on the basis of time charges shall be kept and shall be
Page 1 2004 Edition
CONSULTECON, INC.'S
STANDARD TERMS AND CONDITIONS
available to the Client or the Client's authorized representative at
mutually convenient times.
6. Termination or Suspension of the Agreement
6.1 The Agreement may be terminated by either party upon
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
6.2 If the Client suspends the Services, the Consultant shall be
compensated for all Services performed prior to the receipt of written
notice from the Client of such suspension, together with Reimbursable
Expenses then due. If the Services are suspended for more than three
months, the Consultant may at any time thereafter terminate the
Agreement in accordance with Paragraph 6.1; the suspension in excess
of three months constituting a failure substantially to perform by the
Client.
7. Ownership and Use of Documents
All documents produced by the Consultant under the Agreement are
instruments of service and the Consultant shall be considered their
author and shall own and retain the copyright in them. The Client shall
be entitled to own a copy of such documents and shall have a non-
exclusive license to use, copy and reproduce them. Such license shall
not be transferable except with the Consultant's written consent, and
shall be irrevocable upon payment in full of all amounts due to the
Consultant under the Agreement. The Consultant shall not be
responsible for changes made in such documents by anyone other than
the Consultant. The Client shall indemnify, hold harmless and defend
the Consultant against all claims and liability arising out of such
changes or uses by the Client in violation of the terms of the
Agreement.
8. Mediation
8.1 All claims, disputes and other matters in question between
the parties to the Agreement, arising out of or relating to the Agreement
or the breach thereof shall be subject to mediation as a condition
precedent to arbitration or the institution of legal or equitable
proceedings by either party.
8.2 The Client and the Consultant shall endeavor to resolve
claims, disputes and other matters in question between them by
mediation which, unless otherwise mutually agreed upon by the parties
shall be in accordance with the Construction Industry Mediation Rules
of the American Arbitration Association then in effect. The request for
mediation shall be filed in writing with the other party to the
Agreement and with the American Arbitration Association. The
request may be made concurrently with the filing of a demand for
arbitration but, in such event, mediation shall proceed in advance of
arbitration or legal or equitable proceedings, which shall be stayed
pending mediation for a period of 60 days from the date of filing,
unless stayed for a longer period by agreement of the parties or court
order.
8.3 The parties shall share the mediator's fee and any filing fees
equally. The mediation shall be conducted in Boston, Massachusetts,
unless the parties mutually agree otherwise. Agreements reached in
mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
9. Miscellaneous Provisions
9.1 Unless otherwise specified, the Agreement shall be
governed by the law of the Commonwealth of Massachusetts.
9.2 The person(s) signing the Agreement on behalf of the
parties hereby individually warrant that they have full legal power to
execute the Agreement on behalf of the respective parties and to bind
and obligate the parties with respect to all provisions contained herein.
9.3 As between the parties to the Agreement: as to all acts or
failures to act by either party to the Agreement, any applicable statute
of limitations shall commence to run and any alleged cause of action
shall be deemed to have accrued in any and all events not later than the
completion of Services under the Agreement.
9.4 The Client shall only present the report(s), if any, prepared
by the Consultant to third parties in their entirety. No abstracting of
such report(s) shall be made by the Client without obtaining the
Consultant's prior written permission.
9.5 The Consultant assumes no duty or responsibility under the
Agreement that may be construed as being for the benefit of, and
thereby enforceable by, anyone other than the Client. The Client shall
not use report(s), if any, prepared by the Consultant in conjunction with
any public or private offering of debt or equity securities without the
Consultant's knowledge and prior written consent.
9.6 Unless otherwise specified, the Consultant agrees to provide
the Client with one (1) draft report, to which the Client may make
comments. Comments from this single round of review will be
incorporated by the Consultant into the report document, as
appropriate, and a final report will be issued.
9.7 This proposal is valid for 45 days from date of issuance.
10. Successors and Assigns
The Client and the Consultant, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other party
to the Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of the
Agreement. Neither the Client nor the Consultant shall assign, sublet,
or transfer any interest in this Agreement without the written consent of
the other.
11. Severability of Provisions
In the event that any term or provisions of the Agreement or these
Terms and Conditions is deemed by a court of competent jurisdiction to
be overly broad in scope, duration or area of applicability, that court
shall have the power and is hereby authorized and directed to limit such
scope, duration or area of applicability, or all of them, so that such tern
or provision is no longer overly broad, and to enforce the same as so
limited. Subject to the foregoing sentence, in the event any provision
of the Agreement or these Terms and Conditions is held to be invalid or
unenforceable for any reason, such invalidity or unenforceability shall
attach only to such provision and shall not affect or render invalid or
unenforceable any other provision of the Agreement or these Terms
and Conditions.
12. Extent of Agreement
The Agreement and these Terms and Conditions represent the entire
and integrated agreement between the Client and the Consultant and
supersede all prior negotiations, representations, or agreements, either
Page 2 2004 Edition
CONSULTECON, INC.'S
STANDARD TERMS AND CONDITIONS
written or oral, with regard to their subject matter. The Agreement and
these Terms and Conditions may be amended only by written
instrument signed by both the Client and the Consultant.
13. Limitation of Liability
13.1 It is understood and agreed that the Consultant can make no
guarantees concerning recommendations made as part of the Services,
since those recommendations must be based on facts discovered during
performance of the Services and the conditions existing on the date the
Services are completed and the recommendations rendered. The
Consultant's compensation is neither dependent nor contingent upon
specific conclusions or recommendations being made nor on the
substance of the advice provided to the Client, if any, as part of the
Services.
13.2 The Client and the Consultant intend that the Services in
connection with the Project shall not subject the Consultant's
individual employees, officers, or directors to any personal legal
exposure for the risks associated with the project. Therefore, and not
withstanding anything to the contrary contained in the agreement or
these Terms and Conditions, the client agrees that, as the Client's sole
and exclusive remedy, all claims, demands, and suits shall be directed
and/or asserted only against the Consultant, a Massachusetts
corporation, and not against any of the Consultant's employees, officers
or directors.
13.3 Unless otherwise provided in the Agreement, the Consultant
and the Consultant's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure of
persons to hazardous materials in any form at the Project site, including
but not limited to asbestos, asbestos products, polychlorinated biphenyl
(PCB) or other toxic substances.
13.4 The Client understands and acknowledges that the
Consultant and the Consultant's consultants have no authority over, or
responsibility for, the means, methods, techniques, sequences or
procedures of design, construction or operation selected by the Client
or facility operators or for the failure, if any, of any designer,
construction contractor, or facility operator to comply with the laws,
rules, regulations, ordinances, codes and/or orders applicable to the
construction work performed by such contractor(s). The Consultant is
not responsible for the effectiveness or results of the design,
development, construction or operation of the facility.
13.5 It is agreed by the Client that the Services under the
Agreement are not to be used in conjunction with any public or private
offering of debt or equity securities without the Consultant's prior
knowledge and written consent, such consent will not be unreasonably
withheld. The Consultant shall not be responsible for any documents
or offerings that it may be attached to or referenced in documents
prepared by the Consultant. It is agreed that the client will indemnify
and hold the Consultant harmless against any losses, claims, damages
and liabilities under federal and state securities laws that may arise as a
result of statements or omissions in public or private offerings of
securities.
13.6 It is agreed by the Client that the report will be presented to
third parties in its entirety and that no abstracting of the report will be
made without first obtaining the Consultant's consent which will not be
unreasonably withheld.
13.7 The Client and the Consultant have discussed the Client's
risks, rewards and benefits associated with the Services and the
Consultant's risks and total compensation for Services. The Client and
the Consultant have allocated the risks such that the Client hereby
agrees that, to the fullest extent permitted by law, the Consultant's total
liability to the Client and all others for any and all injuries, claims,
losses, costs, expenses, damages (including consequential damages), or
claim expenses arising out of the Agreement or its breach, from any
cause or causes shall not exceed the total amount of Fifty Thousand
Dollars ($50,000). Such causes include, but are not limited to, the
Consultant's negligence, errors, omissions, strict liability, breach of
contract, and breach of warranty, as well as violation of federal or state
securities laws regulating statements or omissions in public and private
offerings of securities.
13.8 The Client agrees to defend, indemnify and hold the
Consultant harmless from all claims for liability in excess of the limits
set forth in Paragraph 13.7, above, for injury or loss sustained or
alleged by any person or entity, whether or not a party to the
Agreement, and allegedly arising out of the Consultant's performance
of Services under the Agreement.
13.9 Since it would be unfair for the Consultant to be exposed to
liability for its failure to perform a service that the Client has either
refused to authorize or has instructed the Consultant not to perform, the
Client hereby waives all claims against the Consultant and agrees to
defend, indemnify and hold the Consultant harmless from claims or
liability for injury or loss allegedly arising from the Consultant's failure
to perform a service that the Client has either refused to authorize or
has instructed the Consultant not to perform.
Page 3 2004 Edition
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL
PROPERTY LOCATED AT 1737, 1739, 1741 AND 1743 MARTIN LUTHER KING
DRIVE FROM STUDLE & ASSOCIATES, INC. AND DARLENE WALLACE TO
THE CITY OF PADUCAH FOR AND IN CONSIDERATION OF $1.00, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONSIDERATION CERTIFICATES
IN THE DEEDS
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby accepts the donation of real
property located at 1737, 1739, 1741 and 1743 Martin Luther King Drive from Studle &
Associates, Inc. and Darlene Wallace for and in consideration of $1.00.
SECTION 2. The Mayor is hereby authorized to execute the
Consideration Certificates in the Deeds to accept the donation of property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after
the date of its adoption.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
\mo\prop donated —1737, 1739, 1741, 1743 Martin Luther King Drive
DEED OF CONVEYANCE
THIS DEED made and entered into this the day ofGB1 2018,
by and between STUDLE & ASSOCIATES, INC. a/k/a STUDLE & ASSOCIATES, a Kentucky
Corporation, of 164 Old Porter Pike, Bowling Green, KY 42103, and DARLENE WALLACE,
f/k/a DARLENE MEREDITH, single, of 161 McFadin Station Street #104, Bowling Green, KY
42103, hereinafter called Grantor, and THE CITY OF PADUCAH, KENTUCKY, of 300 South
5a' Street, Paducah, KY 42003, hereinafter called Grantee;
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of $1.00 and other good and
valuable consideration, the receipt of which is hereby acknowledged, Grantor sold and does by
these presents grant, bargain, sell, alien and convey unto the Grantee, its successors and assigns
forever, together with all the improvements, appurtenances and rights thereunto belonging, the
following described property, lying and being in McCracken County, Kentucky, and more
particularly described as follows:
Lying and being in what is known as Fountain Park Addition to the City of Paducah,
Kentucky. A plat of said addition recorded in Deed Book 38, page 147, in the
McCracken County Court Clerk's Office, and being Lot No. 7 in Block No. 6 of the
aforesaid Fountain Park Addition, and same is situated on Clay Street, and fronts
thereon 50 feet and extending back a uniform width of 132 feet to the line of alley.
LESS AND EXCEPT the conveyance to the Kentucky Department of Transportation by
deed dated May 22, 1979, of record in Deed Book 619, page 398, in the McCracken
County Court Clerk's Office.
Being a part of the same property conveyed to Studle & Associates, a one-half (1/2)
undivided interest, and Rickey Meredith and wife, Darlene Meredith, a one-half (1/2)
undivided interest, by deed dated December 20, 2007, of record in Deed Book 1136,
page 58, McCracken County Court Clerk's Office. Rickey Meredith passed away on or
about April 26, 2017, and pursuant to the survivorship provisions contained in the
aforementioned deed, title to an undivided one-half (1/2) interest in the above described
property vested in Darlene Wallace f/k/a Darlene Meredith. See also Affidavit of
Marital Status of record in Deed Book 1208, page 462, aforesaid Clerk's Office.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns forever,
with Covenant of General Warranty, except easements, covenants and restrictions of record.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the transfer
is by gift or with nominal or no consideration. The Grantee joins this deed for the sole purpose
of certifying the consideration.
Please forward current year tax bill in care of the City of Paducah, Kentucky, 300 South
5th Street, Paducah, KY 42003.
CONSIDERATION CERTIFICATE
The grantor and grantee, being duly sworn, do certify that the transfer effected by the
foregoing deed is a gift or with nominal or no consideration and the estimated fair cash value of
the property described in the foregoing deed is $2,000.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands.
DARLENE WALLACE
BRANDI HARLESS, Mayor
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument was sworn and acknowledged before me this S day of
�, 2018, by RONALD STUDLE, President of STUDLE & ASSOCIATES, INC. a/k/a
STUDLE & ASSOCIATES, Grantor.
My commission expires Y-- Z o ' 2,0
e-x-� j W "
Notary Public, S to at Large
STATE OF KENTUCKY ) 7,/7ati+a Co y[o fi5d'3`�i3
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this s day of
, 2018, by DARLENE WALLACE f/k/a DARLENE MEREDITH, a single person,
Gr tor.
My commission expires Y-20 -ZO
Notary Public, 8kate at Large
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument was sworn and acknowledged before me this day of
2018, by BRANDI HARLESS, Mayor of the City of Paducah, Kentucky, Grantee.
My commission expires
Notary Public, State at Large
jThirument prepare
HOUSMAN, GA TT & DUNCAN, PLLC
P.O. Box 1196
Paducah, KY 42002-1196
DEED OF CONVEYANCE
THIS DEED made and entered into this the day ofoy, 2018,
by and between STUDLE & ASSOCIATES, INC., a Kentucky Corporation, of 164 Old Porter
Pike, Bowling Green, KY 42103, hereinafter called Grantor, and THE CITY OF PADUCAH,
KENTUCKY, of 300 South 5a' Street, Paducah, KY 42003, hereinafter called Grantee;
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of $1.00 and other good and
valuable consideration, the receipt of which is hereby acknowledged, Grantor sold and does by
these presents grant, bargain, sell, alien and convey unto the Grantee, its successors and assigns
forever, together with all the improvements, appurtenances and rights thereunto belonging, the
following described property, lying and being in McCracken County, Kentucky, and more
particularly described as follows:
Tract I
Being Lot Number Four (4) in Block Six (6) as shown on the plat of Fountain
Park Addition to the City of Paducah, a plat which is of record in Deed Book 38,
page 147, McCracken County Court Clerk's Office, to which plat reference is
hereby made for a more complete and accurate description of the property hereby
conveyed.
LESS AND EXCEPT: That portion of the above property conveyed to the
Commonwealth of Kentucky Department of Transportation by Deed dated July 9,
1979, of record in Deed Book 620, Page 365, McCracken County Clerk's Office.
Except any interest in the coal, oil, gas, and other minerals underlying the land
which has been heretofore conveyed or reserved in prior conveyances, and all
rights and easements in favor of the estate of said coal, oil, gas, and other
minerals, if any.
Being the same property conveyed to Studle & Associates, Inc., by deed dated
March 24, 2010, and recorded in Deed Book 1186, page 417, McCracken County
Court Clerk's Office.
Tract II
Being Lots 5 and 6 in Block 6, as shown by the plat of Fountain Park Addition to
the City of Paducah, a plat which is of record in Plat Book 38, page 145, in the
McCracken County Court Clerk's Office.
LESS AND EXCEPT that portion of Lot 5, Block 6, which is that portion off the
front of said lot conveyed by party of the first part herein to Commonwealth of
Kentucky for highway purposes; said deed of record in Deed Book 619, page 403,
in the aforesaid Clerk's office, leaving, according to revised drawing in the
Paducah Engineering Department Office, a depth of 100 feet, more or less, along
Lot Number Six (6) of said Addition and a depth of 82 feet, more or less, along
Lot Number Four (4) of said Addition.
LESS AND EXCEPT that portion of Lot 6, Block 6, conveyed to the
Commonwealth of Kentucky for the use and benefit of the Department of
Transportation by deed dated July 16, 1979, of record in Deed Book 620, page
655, aforesaid Clerk's Office.
Being the same property conveyed to Studle & Associates, Inc., by deed dated
February 27, 2009, of record in Deed Book 1163, page 73, McCracken County
Court Clerk's Office.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns forever,
with Covenant of General Warranty, except easements, covenants and restrictions of record.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the transfer
is by gift or with nominal or no consideration. The Grantee joins this deed for the sole purpose
of certifying the consideration.
Please forward current year tax bill in care of the City of Paducah, Kentucky, 300 South
5th Street, Paducah, KY 42003.
CONSIDERATION CERTIFICATE
The grantor and grantee, being duly sworn, do certify that the transfer effected by the
foregoing deed is a gift or with nominal or no consideration and the estimated fair cash value of
the property described in the foregoing deed is $9,500.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands.
COUNTY OF MCCRACKEN )
BRANDI HARLESS, Mayor
The foregoing instrument was sworn and acknowledged before me this J tgk' day of
, 2018, by RONALD STUDLE, President of STUDLE & ASSOCIATES, INC.,
Gran or.
My commission expires '/- 'Lo - L V
Notary Public, tate at Large
No*," ;w 5S-3 S`/ 3
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day of
2018, by BRANDI HARLESS, Mayor of the City of Paducah, Kentucky, Grantee.
My commission expires
Notary Public, State at Large
HOUSMAN, GARATT & DUNCAN, PLLC
P.O. Box 1196
Paducah, KY 42002-1196
ORDINANCE NO. 2018 -
AN ORDINANCE APPROVIING THE FINAL REPORT OF THE
PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONE CHANGE FROM
R-1 (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS
DISTRICT) FOR PROPERTY LOCATED AT 5310 HARRIS ROAD; 5201 & 5325
HINKLEVILLE ROAD; 5450 OLD HINKLEVILLE ROAD; 2705 OLIVET CHURCH
ROAD AND OTHER PROPERTIES AS DESCRIBED IN ORDINANCE NO. 2018-7-8540
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That a resolution passed by the Paducah Planning Commission on
September 5, 2018, and entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF
THE PADUCAH PLANNING COMMISSION ON THE PROPOSED ZONING CHANGE FROM
R-1 (LOW DENSITY RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT)
FOR PROPERTY LOCATED AT 5310 HARRIS ROAD; 5201 & 5325 HINKLEVILLE ROAD;
5450 OLD HINKLEVILLE ROAD; 2705 OLIVET CHURCH ROAD AND OTHER PROPERTIES
AS DESCRIBED IN ORDINANCE NO. 2018-7-8540," be approved as the final report of said
Commission respecting the matters therein set forth.
SECTION 2. That the zone classification and map amendment proposed in said
resolution be and the same are hereby declared to be in agreement with the Comprehensive Plan of
the City of Paducah.
SECTION 3. That the zone classification of the following described property be and
it is hereby changed from R-1 (Low Density Residential Zone) to HBD (Highway Business District):
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County,
Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 60's north right-of-way line and KY Highway 998's
(a.k.a. Olivet Church Road) west right-of-way line intersection, said point also being at the
corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits line N77°28'38"E a distance of 251.97 ft. to
a point, said point also being the corner of the McCracken County limits;
Thence with the new City of Paducah limits line N72006'44"E a distance of 85.47 ft. to a
point, said point also being the corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits S18°56'07"E a distance of 164.61 ft. to a
point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with U.S. Highway 60's south right-of-way line and with the existing City of
Paducah limits S71°03'53"W a distance of 135.53 ft. to a point, said point also being at U.S.
Highway 998's east right-of-way line intersection;
Thence continuing with the existing City of Paducah limits S65°04'01"W a distance of
383.97 ft. to a point, said point also being at U.S. Highway 998's west right-of-way line
intersection;
Thence continuing with the U.S. Highway 60's south right-of-way line S72°55'57"W a
distance of 178.56 ft. to a point, said point also being at the corner of the existing City of
Paducah limits;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-of-
way line S73°02'50"W a distance of 173.41 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S73'1 1'48"W a distance of 139.12 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S73°16'26"W a distance of 187.61 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S76°47'01"W a distance of 210.84 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S06°18'02"W a distance of 47.01 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S75°57'49"W a distance of 66.42 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line N10°51'58"W a distance of 50.00 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S76032'31"W a distance of 91.38 ft. to a point;
Thence with the new City of Paducah limits line and now being Old U.S. Highway 60's
south right-of-way line S71'02'1 6"W a distance of 276.18 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's
south right-of-way line S70054'44"W a distance of 83.81 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's
south right-of-way line S71'04'1 0"W a distance of 791.66 ft. to a point;
Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's south
right-of-way line N18°55'50"W a distance of 63.95 ft. to a point, said point also being in the
above said highway's north right-of-way line;
Thence with the new City of Paducah limits line N13°25'51"W a distance of 217.52 ft. to a
point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-of-
way line N86°10'02"E a distance of 176.43 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-
of-way line S22°58'40"W a distance of 47.18 ft. to a point;
Thence with the new City of Paducah limits line S06°15'15"E a distance of 139.38 ft. to a
point, said point also being in Old U.S. Highway 60's north right-of-way line;
Thence with the new City of Paducah limits line and with Old U.S. Highway 60's north
right-of-way line N70°20'57"E a distance of 243.88 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway 60's
north right-of-way line N71°09'57"E a distance of 450.86 ft. to a point, said point also being
in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-of-
way line N77°52'25"E a distance of 68.99 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-
of-way line NO3053'28"W a distance of 216.26 ft. to a point, said point also being in U.S.
Highway 60's north right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's north right-of-
way line N86°06'32"E a distance of 217.94 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N1096'30"W a distance of 43.00 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N52016'09"E a distance of 111.47 ft. to a point, said point also being
the CC Crossroads LLC property's (recorded in Deed Book 1338, Page 179) southwest
corner;
Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right-of-
way line and with the above said property's west line N32°24'52"W a distance of 429.19 ft.
to a point, said point also being the above said property's northwest corner;
Thence with the new City of Paducah limits line and with the above said property's north line
N29035'08"E a distance of 148.00 ft. to a point, said point also being the above said
property's northeast corner;
Thence with the new City of Paducah limits line and with the above said property's east line
S36°31'43"E a distance of 651.68 ft. to a point, said point also being in U.S. Highway 60's
north right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's north right-of-
way line N78°04'28"E a distance of 272.62 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N37°54'28"W a distance of 30.93 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N72°05'56"E a distance of 54.83 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line S39°59' 10"E a distance of 37.97 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N673 1'23"E a distance of 98.33 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N68009'39"E a distance of 160.00 ft. to a point, said point also being
NLB Properties, Inc. property's (recorded in Deed Book 1253, Page 581) southwest corner;
Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right-of-
way line, with the above said property's west line and with CC Crossroads, LLC property's
(recorded in Deed Book 1225, Page 189) south line N38°40' 10"W a distance of 600.57 ft. to
a point;
Thence with the new City of Paducah limits line and with the above said property's south
line N67°52' 10"W a distance of 203.62 ft. to a point, said point also being the above said
property's southwest corner;
Thence with the new City of Paducah limits line and with the above said property's west line
N21°08'06"E a distance of 144.46 ft. to a point, said point also being in Harris Road's south
right-of-way line;
Thence with the new City of Paducah limits line and with Harris Road's south right-of-way
line S68°53'39"E a distance of 558.90 ft. to a point, said point also being the above said
property's northeast corner and being the corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits, leaving Harris Road's south right-of-way
line and with the above said property's east line S21006'21"W a distance of 177.57 ft. to a
point, said point also being the NLB Properties, Inc. property's (recorded in Deed Book
1253, Page 581) northwest corner and being the corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits and with the above said property's north line
S68°53'39"E a distance of 323.62 ft. to a point, said point also being in KY Highway 998's
west right-of-way line;
Thence with the above said highway's west right-of-way line and with the existing City of
Paducah limits S 14°32'39"W a distance of 112.62 ft. to the Point of Beginning;
The above described Tract contains 17.30 acres.
The above described tract is the entire CC Crossroads, LLC property (recorded in Deed Book
1338, Page 179), the entire CC Crossroads, LLC property (recorded in Deed Book 1225,
Page 189), the entire NLB Properties, Inc. property (recorded in Deed Book 1253, Page 581),
a part of Commonwealth of Kentucky - U.S. Highway 60 right-of-way and a part of
Commonwealth of Kentucky — Old U.S. Highway 60 right-of-way,
The above described Tract is not for Land Title Transfer but for annexation proposes only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 2
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60, Paducah,
McCracken County, Kentucky, more particularly described as:
Beginning at a point at Old U.S. Highway 60's south right-of-way line and Falconite Real
Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) northwest property
corner;
Thence with the above said Old U.S. Highway 60's south right-of-way line and with the new
City of Paducah limits line N71°04' 10"E a distance of 882.35 ft. to a point;
Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's south
right-of-way line S 18°55'50"E a distance of 249.95 ft. to a point;
Thence with the new City of Paducah limits line N71°04'10"E a distance of 80.13 ft. to a
point;
Thence with the new City of Paducah limits line N71°02'06"E a distance of 64.20 ft. to a
point;
Thence with the new City of Paducah limits line N78°21'09"E a distance of 116.55 ft. to a
point;
Thence with the new City of Paducah limits line N06°56' 18"E a distance of 229.63 ft. to a
point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-of-
way line N75057'49"E a distance of 66.42 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south right-
of-way line S06'56'1 8"W a distance of 200.79 ft. to a point;
Thence with the new City of Paducah limits line S35°14'28"E a distance of 95.18 ft. to a
point;
Thence with the new City of Paducah limits line S16043'27"W a distance of 122.94 ft. to a
point;
Thence with the new City of Paducah limits line N73°20'06"W a distance of 43.26 ft. to a
point;
Thence with the new City of Paducah limits line S06°49'09"W a distance of 252.92 ft. to a
point;
Thence with the new City of Paducah limits line S06034'47"W a distance of 124.52 ft. to a
point;
Thence with the new City of Paducah limits line S07°34'25"W a distance of 99.27 ft. to a
point;
Thence with the new City of Paducah limits line S69°15'29"E a distance of 141.18 ft. to a
point;
Thence with the new City of Paducah limits line S22°50' 10"W a distance of 557.92 ft. to a
point;
Thence with the new City of Paducah limits line S22°50'53"E a distance of 75.02 ft. to a
point;
Thence with the new City of Paducah limits line N58°21'49"W a distance of 65.49 ft. to a
point;
Thence with the new City of Paducah limits line N11°52'22"W a distance of 100.11 ft. to a
point;
Thence with the new City of Paducah limits line N15018'13"E a distance of 309.16 ft. to a
point;
Thence with the new City of Paducah limits line N32041'50"W a distance of 371.77 ft. to a
point;
Thence with the new City of Paducah limits line N68°37' 12"W a distance of 224.36 ft. to a
point;
Thence with the new City of Paducah limits line S71°04' 10"W a distance of 335.34 ft. to a
point;
Thence with the new City of Paducah limits line S21°33'58"W a distance of 316.94 ft. to a
point;
Thence with the new City of Paducah limits line S46°00'54"W a distance of 111.21 ft. to a
point;
Thence with the new City of Paducah limits line N68°26'04"W a distance of 364.16 ft. to a
point;
Thence with the new City of Paducah limits line N04°03'01"E a distance of 152.34 ft. to a
point;
Thence with the new City of Paducah limits line N71°08' 13"E a distance of 100.09 ft. to a
point;
Thence with the new City of Paducah limits line N04°03' 16"E a distance of 435.81 ft. to the
Point of Beginning;
The above described Tract contains 21.76 acres.
The above described tract is a part of the Falconite Real Estate Holdings, LLC property
(recorded in Deed Book 1321, Page 672)
The above described Tract is not for Land Title Transfer but for annexation proposes only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 3
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along the west side of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah,
McCracken County, Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 998's west right-of-way line and Falconite Real Estate
Holdings, LLC property (recorded in Deed Book 1321, Page 542) northeast property corner;
Thence with the above said U.S. Highway 998's west right-of-way line and with the new
City of Paducah limits line S22027'55"W a distance of 75.01 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 998's west right-
of-way line N68°36' 15"W a distance of 399.14 ft. to a point;
Thence with the new City of Paducah limits line N22°50'53"E a distance of 75.02 ft. to a
point;
Thence with the new City of Paducah limits line S68°36' 15"E a distance of 398.64 ft. to the
Point of Beginning;
The above described Tract contains 0.69 acres.
The above described tract is the Falconite Real Estate Holdings, LLC property (recorded in
Deed Book 1321, Page 542)
The above described Tract is not for Land Title Transfer but for annexation proposes only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 4
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along the west side of KY Highway 998 (a.k.a. Olivet Church Road), Paducah,
McCracken County, Kentucky, more particularly described as:
Beginning at a point at KY Highway 998's old east right-of-way line, said point also being on
the existing City of Paducah limits;
Thence leaving the above said KY Highway 998's old east right-of-way line and with the
new City of Paducah limits line N73°35'45"W a distance of 237.27 ft. to a point, said point
also being Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1326, Page
586) southwest property corner;
Thence with the new City of Paducah limits line and with the above said property's west line
N21035'48"E a distance of 232.41 ft. to a point;
Thence with the new City of Paducah limits line and with the above said property's north line
S74°44'54"E a distance of 191.36 ft. to a point, said point also being in the above said
highway's west right-of-way line;
Thence with the new City of Paducah limits line and with the above said highway's west
right-of-way line N27°58'59"E a distance of 151.98 ft. to a point;
Thence with the new City of Paducah limits line and continuing with the above said
highway's west right-of-way line N30°12'43"E a distance of 242.72 ft. to a point, said point
also being on the existing City of Paducah limits;
Thence with the existing City of Paducah limits and leaving the above said highway's west
right-of-way line S67°19'00"E a distance of 45.53 ft. to a point, said point also being in the
above said highway's old east right-of-way line and at the corner of the City of Paducah
limits;
Thence with the existing City of Paducah limits and with the above said highway's old east
right-of-way line S22°36'59"W a distance of 618.55 ft. to the Point of Beginning;
The above described Tract contains 2.13 acres.
The above described tract is the Falconite Real Estate Holdings, LLC property (recorded in
Deed Book 1326, Page 586) and a part of the Commonwealth of Kentucky - U.S. Highway
998's right-of-way
The above described Tract is not for Land Title Transfer but for annexation proposes only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 5
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located west of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken
County, Kentucky, more particularly described as:
Beginning at a point, said point being at the northeast corner of the Menard, Inc. property
(recorded in Deed Book 1366, Page 509), said point also being the southeast corner of the
Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) and
the northwest corner of the West Union Baptist Association, Inc. property (recorded in Deed
Book 922, Page 739);
Thence with the above said West Union Baptist Association, Inc.'s property west line
S22°50'41"W a distance of 339.79 ft. to a point, said point also being the northeast corner of
the Charles Stephenson property (recorded in Deed Book 910, Page 244);
Thence with the above said Charles Stephenson's property north line N68°26'04"W a
distance of 1235.32 ft. to a point, said point being also being the southeast corner of the
Alford Crawford property (recorded in Deed Book 980, Page 398);
Thence with the above said Alford Crawford's property east line N04°03'01"E a distance of
338.15 ft. to a point, said point being also being the southwest corner of the above said
Falconite Real Estate Holdings, LLC property;
Thence with the above said Falconite Real Estate Holdings, LLC's property south line
S68°26'04"E a distance of 364.16 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line N46°00'54"E a distance of 111.21 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line N21°33'58"E a distance of 316.94 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line N71'04'1 WE a distance of 335.34 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line S68°37' 12"E a distance of 224.36 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line S32041'50"E a distance of 371.77 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line S 15°18'1 3"W a distance of 309.16 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line S 11°52'22"E a distance of 100.11 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property south
line S58°21'49"E a distance of 65.49 ft. to the Point of Beginning;
The above described Tract contains 19.95 acres.
The above described tract is the entire Menard, Inc. property (recorded in Deed Book 1366,
Page 509),
The above described Tract is not for Land Title Transfer but for annexation proposes only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 6
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County,
Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 60's north right-of-way line, said point also being at the
southeast corner of the Harriett S. Reed, Trustee of the Walter R. Reed Trust B under the
Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement property (recorded
in Deed Book 1198, Page 432), said point also being the southwest corner of the Walter Reed
property (recorded in Deed Book 1263, Page 436);
Thence with the above said Walter Reed's property west line N32024'1 1 "E a distance of
338.25 ft. to a point;
Thence continuing with the above said Walter Reed's property west line N32°24'46"E a
distance of 259.75 ft. to a point, said point being also being the northwest corner of the CC
Crossroads, LLC property (recorded in Deed Book 1338, Page 179);
Thence with the above said CC Crossroads LLC's property west line N29°35'08"E a distance
of 109.74 ft. to a point, said point being also being the southeast corner of the Harriett Reed
property (recorded in Deed Book 1198, Page 432);
Thence with the above said Harriett Reed's property south line and James L. Stanley
property (recorded in Deed Book 219, Page 526) south line N65017'14"W a distance of
496.26 ft. to a point, said point being also being the northeast corner of the Walter R. Reed
and Harriett S. Reed, as co -trustees of the Walter R. Reed and Harriett S. Reed Revocable
Living Trust Agreement property (recorded in Deed Book 1065, Page 634);
Thence with the above said Walter R. Reed and Harriett S. Reed, as co -trustees of the Walter
R. Reed and Harriett S. Reed Revocable Living Trust Agreement's property east line
S22°33'46"W a distance of 620.75 ft. to a point, said point being also being the northeast
corner of the Cole TS Paducah KY, LLC property (recorded in Deed Book 1070, Page 684);
Thence with the above said Cole TS Paducah KY, LLC's property east line S23°01' 18"W a
distance of 287.33 ft. to a point, said point being the above said highway's north right-of-way
line;
Thence with the above said highway's north right-of-way line N85°59'21"E a distance of
427.73 ft. to the Point of Beginning;
The above described Tract contains 8.00 acres.
The above described tract is the entire Harriett S. Reed, Trustee of the Walter R. Reed Trust
B under the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement
property (recorded in Deed Book 1198, Page 432),
SECTION 4. That if any section, paragraph or provision of this ordinance
shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or
invalidity of such section, paragraph or provision shall not affect any other section, paragraph
or provision hereof, it being the purpose and intent of this ordinance to make each and every
section, paragraph and provision hereof separable from all other sections, paragraphs and
provisions.
SECTION 5. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, October 9, 2018
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
Published by The Paducah Sun,
\ord\plan\zone\Hinkleville Harris Olivet Church Road R-1 to HBD
PROPERTY OWNERS CERTIFICATE
"I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CONSENT AND IF APPROPRIATE,
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS NOTED.
OWNER (FALCON[TE REAL ESTATE HOLDINGS, LLC) DATE
C>�t_liCi7a�i7:�[�1�i�IA��ZeI►�
STATE OF _
COUNTY OF
I, , A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY , WHO THEN EXECUTED SAID CERTIFICATE
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20
NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
PROPERTY OWNERS CERTIFICATE
"I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CONSENT AND IF APPROPRIATE,
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS NOTED.
OWNER (NLB PROPERTIES, LLC) DATE
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
COUNTY OF
I, , A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY , WHO THEN EXECUTED SAID CERTIFICATE
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20—
NOTARY
0.NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
PROPERTY OWNERS CERTIFICATE
"I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CONSENT AND IF APPROPRIATE,
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS NOTED.
OWNER (CC CROSSROADS, LLC) DATE
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
COUNTY OF
I, A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY , WHO THEN EXECUTED SAID CERTIFICATE
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 .
NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
PROPERTY OWNERS CERTIFICATE
"I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CONSENT AND IF APPROPRIATE,
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS NOTED.
OWNER (KYTC-COMMONWEALTH OF KENTUCKY)
DATE
CERTIFICATE OF ACKNOWLEDGMENT
COUNTY OF
CERTIFICATE OF APP
APPROVED kD' ACCEPTED BY THE CITY OF PADUCAH Cl
20
MAYOR
CERTIFICATE OF
STATE OF KENTUCKY, CO
I HEREBY CER'Y THAT THIS PLAT WAS THIS DAY LOGGEE
RECORDED SA6�E WITH THIS AND THE FOREGOING CERTIFIC
GIVEN UNDER s!Y SEAL THIS DAY OF
AND RECORDE[ IN PLAT SECTION , PAGE
McCRACKEN COU',TY COURT CLERK
PROPERTY OWNERS CE
"i (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPI
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CC
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS
OWNER (MENARD, INC., A WISCONSIN CORPORATION)
THERON BERG (REAL ESTATE MANAGER)
CERTIFICATE OF ACKNC
STATE OF
COUNTY OF
1, , A NOTARY PUBLIC II
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FORE
PRESENTED TO ME BY , WHO
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE AC
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
PROPERTY OWNERS CE
"I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROP
DESCRIBED HEREON AND THIS PLAT IS ADOPTED WITH FREE CC
HEREBY ANNEX THE PROPERTY FOR THE USE AND BENEFIT AS
OWNER (HARRIETT REED)
CERTIFICATE OF ACKNC
ln. If: gili
COUNTY OF
1, , A NOTARY PUBLIC 11
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FOR[
PRESENTED TO ME BY , WHC
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE AC
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
I, , A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY
AFORESAID, DO HEREBY CERTIFY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY , WHO THEN EXECUTED SAID CERTIFICATE
IN MY PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN. GRAPHIC SCALE
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 200 0 100 200 400
w I
NOTARY PUBLIC SIGNATURE:
MY COMMISSION EXPIRES:
( IN FEET)
1 inch = 200 ft.
LEGEND
PROPOSED CITY/COUNTY LIMITS
--------- -- ADJOINING PROPERTY LINE
EXISTING CITY/COUNTY LIMITS
I I ANNEXATION LIMITS
K. JETT WOOD, P.L.S. #3445
DATE
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GRAPHIC SCALE
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( IN FEET)
1 inch = 100 ft.
MICHAEL JOHNSON—
DEED BOOK 1180, PAGE 194
"ZONE C"
McCRACKEN COONTY
McCRACKEN FARM BUREAU
DEED BOOK 1147, PAGE 653
"ZONE C"
McCRACKEN COUNTY
NOW OR FORMERLY _I ,
H.R. SELLER'S ESTATE
DEED BOOK 183, PAGE 481
"ZONE C"
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-A
DJ CASSITY HOLDINGS, LLC,-
/ � W z— o DEED BOOK 1319, PAGE E= 3
"ZONE C„ ° N
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CHARLES STEPHENSON
EED BOOK 910, PAGE 244
"ZONE C"
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N75° 57'49"E
66.42'
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REED BOOK 957, PAGE 103
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NORTH FORK CITY of PADUCAH /
HOLDINGS
DEED BOOK 1349, PAGE 48� STORE MASTER FUNDING
"ZONE C" \ DEED BOOK 1339, PAGE 174 /
McCRACKEN COUNTY "ZONE C" �� BROOKS PROPERTIES
MAXWELL KEN I, LLC — _ McCRACKEN COUNTY /
DEED BOOK 1320, PAGE 93
"ZONE C" -- ' — --__/
McCRACKEN COUNTY I US HIGHWAY 998
(MILE MARKER 2.20)
TEMPLETON ENTERPRISES, LLC
DEED BOOK 1309, PAGE 40
"ZONE C"
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N KYCARRICOTWO, LLC
DEED BOOK 1346, PAGE 235
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/ DEED BOOK 1215, PAGE 407
"ZONEMU"
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4 "ZONE MU" / \
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/
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DEED BOOK 131_, PAGE 588
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�-- POINT OF BEGINNING
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/
SSH RE %
DEED BOOK 1237, PAGE 455 /
"ZONE MU" /
CITY OF PADUCAH /
T /
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------------- ADJOINING PROPERTY LINE
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�-- POINT OF BEGINNING
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(MILE MARKER 2.08) /
/
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"ZONE MU" /
CITY OF PADUCAH /
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------------- ADJOINING PROPERTY LINE
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BEARINGS SHOWN HEREON ARE BASED ON
STATE PLANE COORDINATES (KENTUCKY SOUTH)
WALTER R. REED &
HARRIETT S. REED, AS
CO -TRUSTEES OF THE
WALTER R. REED AND
HARRIET S. REED
REVOCABLE LIVING TRUST
AGREEMENT
DEED BOOK 1065, PAGE 634
"ZONE C"
McCRACKEN COUNTY
COLE TS PADUCAH KY, LLC .�
DEED BOOK 1070, PAGE 684 �Q
"ZONE C"
McCRACKEN COUNTY O '
° p
yry,
�- --- N86°10'021 -E
JAMES L. STANLEY
DEED BOOK 219, PAGE 526
"ZONE C"
McCRACKEN COUNTY
AREA=348,610 S.F.
\ \ / GLORIA GRAVES '\
DEED BOOK 1252, PAGE 594 \ \
"ZONE C" \ WILLIAM CLAYTON POTTER
McCRACKEN COUNTY CHARLES HAMIL 0 \ DEED BOOK 1141, PAGE 623
DEQ BOOK 601, PA E 154
"ZONE C"
/"ZONE C" / \ \ \' McCRACKEN COUNTY
McCRACKEN CO, TY \
/ \ --//' KATHY LINE
\ I EED BOOK 897, PAGE 730 \ \
\
"ZONE C"
McCRACKEN COUNTY \
/ \ HARRIET REED \ ALLISON CLARK \ '\ CONCORD RENTALS \ /
\ DEED BOOK 1017, PAGE 157 DEED BOOK 1011, PAGE 131
DEED BOOK 1 38, PAGE 432 \ \ \
"ZONE C" / "ZONE C" \
/ McCRACKE^. COUNTY pp * \ \ McCRACKEN COUNTY '\ ZONE C" /� \
/ \ McCRACKEN COUNTY
\ p s S3• CONCORD RENTALS \' \
SS `39'• \ DEED BOOK 1011, PAGE 131
\ j 89 F q
\ "ZONE C" \
McCRACKEN COUNTY / \
HARRIET REED '� CONCORD RENTALS
DEED BOOK 1198, PAGE 4321 ` T203 OqO \ DEED BOOK 1011, PAGE 131 /-
»ZONE C" ' s�° •s2• '\ "ZONE C" /--
/ McCRACKEN COUNTY ` S? y0•• McCRACKEN COUNTY
i \ 0) Sw \ CHICK-FIL-A INC.
CC CROSSROADS, ^LLC ti \ O DEED BOOK 1120, PAGE 380
DEED BOOK 1225, P ' GE 189 \ � ,.
\ � ZONE HBD
ZONE C h& N
McCRACKEN COUNTY
yN MARTIN & BAYLEY, INC.
DEED BOOK 1225, PAGE 184
\` "ZONE HBD"
Q y CITY OF PADUCAH
j . 6239''F
N• TRUSTEE OF THE ' � ' ����� k,u t����� �'���
NLB PROPERTIES, INC.
yry WALTER R. REED
TRUST B UNDER THE DEED BOOK 1253, PAGE 581
WALTER R. REED AND ALBERTA KING\ ` "ZONE C
4ga -»'"04 a .C'.E`T`Lar'ny `: LQii' ♦ -
HARRIETT S. REED DEED Boo< 663, PAGE 791 I McCRACKEN COUNTY
REVOCABLE LIVING - y� "ZONE C" \\
TRUST AGREEMENT °`_
�ryYry MICR -_SEN COUNTY
DEED BOOK 1198, PAGE 43 .1 £C CROSSROADS LLC`
ZONE C' CHARLES M. RUCKER III, TRUSTEE
er DEED BOOK 1338, PAGE 179
OF THE RUCKER SURVIVORS TRUST
,N COUNTY
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PAGE 407
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j J CITY OF PADUCAH \
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EXPRESS
n LUBE, INC.
S140 32'39"W 0 D� DEED BOOK 829 �
112.62' { PAGE 109
ZONE C'
POINT OF 6. 4A cCRACKEN COUNTY
BEGINNING 72° 5 AZ• $l US HIGHWAY 60
77° 2a• 38"Ea (MILE MARKER 9.58)
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281.97 CURRENT
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DEED BOOK 1263, PAGE 436 9♦r^t }t� $ 1 5 3PADUCAH BANK
s � S39 59 10 E $° O � �-� � � � � �-�`��`���.�'�; <: ° 3. 5
\ "ZONE C" a. ` 37.97' N6 0.0� a ter" = \ �,� DEED BOOK 795, PAGE 184
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DEED BOOK 1232, PAGE 370
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"ZONE C"
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"ZONE C"
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DEED BOOK 219, PAGE 526
"ZONE C"
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AREA=348,610 S.F.
\ \ / GLORIA GRAVES '\
DEED BOOK 1252, PAGE 594 \ \
"ZONE C" \ WILLIAM CLAYTON POTTER
McCRACKEN COUNTY CHARLES HAMIL 0 \ DEED BOOK 1141, PAGE 623
DEQ BOOK 601, PA E 154
"ZONE C"
/"ZONE C" / \ \ \' McCRACKEN COUNTY
McCRACKEN CO, TY \
/ \ --//' KATHY LINE
\ I EED BOOK 897, PAGE 730 \ \
\
"ZONE C"
McCRACKEN COUNTY \
/ \ HARRIET REED \ ALLISON CLARK \ '\ CONCORD RENTALS \ /
\ DEED BOOK 1017, PAGE 157 DEED BOOK 1011, PAGE 131
DEED BOOK 1 38, PAGE 432 \ \ \
"ZONE C" / "ZONE C" \
/ McCRACKE^. COUNTY pp * \ \ McCRACKEN COUNTY '\ ZONE C" /� \
/ \ McCRACKEN COUNTY
\ p s S3• CONCORD RENTALS \' \
SS `39'• \ DEED BOOK 1011, PAGE 131
\ j 89 F q
\ "ZONE C" \
McCRACKEN COUNTY / \
HARRIET REED '� CONCORD RENTALS
DEED BOOK 1198, PAGE 4321 ` T203 OqO \ DEED BOOK 1011, PAGE 131 /-
»ZONE C" ' s�° •s2• '\ "ZONE C" /--
/ McCRACKEN COUNTY ` S? y0•• McCRACKEN COUNTY
i \ 0) Sw \ CHICK-FIL-A INC.
CC CROSSROADS, ^LLC ti \ O DEED BOOK 1120, PAGE 380
DEED BOOK 1225, P ' GE 189 \ � ,.
\ � ZONE HBD
ZONE C h& N
McCRACKEN COUNTY
yN MARTIN & BAYLEY, INC.
DEED BOOK 1225, PAGE 184
\` "ZONE HBD"
Q y CITY OF PADUCAH
j . 6239''F
N• TRUSTEE OF THE ' � ' ����� k,u t����� �'���
NLB PROPERTIES, INC.
yry WALTER R. REED
TRUST B UNDER THE DEED BOOK 1253, PAGE 581
WALTER R. REED AND ALBERTA KING\ ` "ZONE C
4ga -»'"04 a .C'.E`T`Lar'ny `: LQii' ♦ -
HARRIETT S. REED DEED Boo< 663, PAGE 791 I McCRACKEN COUNTY
REVOCABLE LIVING - y� "ZONE C" \\
TRUST AGREEMENT °`_
�ryYry MICR -_SEN COUNTY
DEED BOOK 1198, PAGE 43 .1 £C CROSSROADS LLC`
ZONE C' CHARLES M. RUCKER III, TRUSTEE
er DEED BOOK 1338, PAGE 179
OF THE RUCKER SURVIVORS TRUST
,N COUNTY
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PAGE 407
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V � ,
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DEED BOOK 1074, PAGE 79
"ZONE HBD"
j J CITY OF PADUCAH \
J, Ov o o
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EXPRESS
n LUBE, INC.
S140 32'39"W 0 D� DEED BOOK 829 �
112.62' { PAGE 109
ZONE C'
POINT OF 6. 4A cCRACKEN COUNTY
BEGINNING 72° 5 AZ• $l US HIGHWAY 60
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A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING
COMMISSION ON THE PROPOSED ZONING CHANGE FROM R 1 (LOW DENSITY
RESIDENTIAL ZONE) TO HBD (HIGHWAY BUSINESS DISTRICT) FOR PROPERTY LOCATED
AT 5310 HARRIS ROAD; 5201 & 5325 HINKLUVILLE ROAD; 5450 OLD HINKLEVILLE ROAD;
2705 OLIVET CHURCH ROAD AND OTHER PROPERTIES AS DSS IN ORDINANCE
2018-7-8540.
VAIEREAS,.a public Learing was held on September 5. 2018 by the Paducah Planning Commission after
advertisement pursuant to law, and
WHEREAS,: this Commission has duly considered said proposal and has heard and considered the. objadons and
suggestions of all interested put= who Wcarcd at add hcaft and
WHEREAS, the existing zoning, R-1 (Low Density Resideatiat), is ioWmimate and HBD "way Business
District) is appropriate, and
WHRtEAS, major ohanges of an economic, physical and social nature have been made which Lave sabstaotially,
alterodthebadc character ofthe moa, and
WEUMIFAS, said changes ars in compliance withKRS 100.213 (b).
NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION:
SECTION 1. That ibis Commission recommend to the Meyer and the Board of Commitsionam of the
City of Paducah the amendment of the Paducah Zoning Map so as to cheap the zoning for the .
area from R-1 (Low Density Residential Zine) to IM (Bighway Business District) and being more Partiealealy
described in Ordinance 2018-7-8540.
SECTION 2. That this Resolution shall be treated aa, and is, the final report. of the Paducah Plaaoing
corommourespectingthe matters appeoringhotran.
SECMN 3. That if any section, paragraph or provision of this Resolution shall be found to be
inoperative, inoflearve or invalid for any cause, the defiemncy or invalidity of such section, paragraph or
provision shall not affect any other section, pmagraph or provision hermf, it beiag tho propose and intact of this
Rosohdion to malm each and every section, paragraph and provision hereof separable from all other saiions,
pamgiaphs as 1provisicas.
AdoptedbythaPedacahPLnming Commission on September 5, 2018
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF
PADUCAH, KENTUCKY, BY FINALIZING THE ANNEXATION OF CERTAIN
PROPERTIES LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF
PADUCAH, AND DEFINING ACCURATELY THE BOUNDARY OF SAID PROPERTIES
TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS
WHEREAS, the City of Paducah adopted Ordinance No. 2018-7-8540 on July 24,
2018, declaring its intent to annex tracts of property containing approximately 69.83 acres of
land between Harris Road and KY Highway 998 (Olivet Church Road), which is contiguous to
the City of Paducah; and
WHEREAS, said properties are generally referred to as Tract No. 1 which
includes 5201 Hinkleville Road, 5325 Hinkleville Road and 5310 Harris Road, Tract No. 2,
Tract No. 3, Tract No. 4 also known as 2705 Olivet Church Road, Tract No. 5 and Tract No. 6,
and particularly and accurately set out in the legal descriptions below; and
WHEREAS, said properties are urban in character or suitable for urban
development without unreasonable delay as many of the residential and commercial lots in the
area are in receipt of city services; and
WHEREAS, annexation has been requested by the following property owners:
Nancy Bergfield for the property located at 5201 Hinkleville Road, Alberta Davis for properties
located at 5310 Harris Road and 5325 Hinkleville Road, and Falconite Real Estate Holdings,
LLC, for the property located at 2705 Olivet Church Road and Tracts 2 & 3 as described below;
and
WHEREAS, not all of the real property owners within the territory proposed to be
annexed gave consent to be annexed and thus the City of Paducah pursued the annexation of
Tract No. 5 and Tract No. 6 by enacting an intent to annex; and,
WHEREAS, pursuant to KRS 81A.420, the required 60 day petition period has
elapsed since the passage of Ordinance No. 2018-7-8540 declaring the City of Paducah's intent
to annex and no petitions have been received by the Mayor in opposition to the proposal; and
WHEREAS, said tracts of land are not within the boundary of another
incorporated city.
KENTUCKY:
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
SECTION 1. It is the intent of the City of Paducah, Kentucky, to finalize
annexation of the hereinafter described properties, and therefore that the hereinafter described
properties be annexed to, and be made a part of the City of Paducah, Kentucky said real
properties being more particularly and accurately described as follows:
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 1
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County,
Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 60's north right-of-way line and KY Highway
998's (a.k.a. Olivet Church Road) west right-of-way line intersection, said point also
being at the corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits line N77°28'38"E a distance of 251.97 ft.
to a point, said point also being the corner of the McCracken County limits;
Thence with the new City of Paducah limits line N72°06'44"E a distance of 85.47 ft. to a
point, said point also being the corner of the existing City of Paducah limits;
Thence with the existing City of Paducah limits S18°56'07"E a distance of 164.61 ft. to a
point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with U.S. Highway 60's south right-of-way line and with the existing City of
Paducah limits S71°03'53"W a distance of 135.53 ft. to a point, said point also being at
U.S. Highway 998's east right-of-way line intersection;
Thence continuing with the existing City of Paducah limits S65°04'01"W a distance of
383.97 ft. to a point, said point also being at U.S. Highway 998's west right-of-way line
intersection;
Thence continuing with the U.S. Highway 60's south right-of-way line S72°55'57"W a
distance of 178.56 ft. to a point, said point also being at the corner of the existing City of
Paducah limits;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-
of-way line S73°02'50"W a distance of 173.41 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S73°11'48"W a distance of 139.12 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S73°16'26"W a distance of 187.61 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S76°47'01"W a distance of 210.84 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S06°18'02"W a distance of 47.01 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S75°57'49"W a distance of 66.42 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line N10'5 1'58"W a distance of 50.00 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
south right-of-way line S76°32'31"W a distance of 91.38 ft. to a point;
Thence with the new City of Paducah limits line and now being Old U.S. Highway 60's
south right-of-way line S71'02'1 6"W a distance of 276.18 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway
60's south right-of-way line S70054'44"W a distance of 83.81 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway
60's south right-of-way line S71004'1 0"W a distance of 791.66 ft. to a point;
Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's
south right-of-way line N18°55'50"W a distance of 63.95 ft. to a point, said point also
being in the above said highway's north right-of-way line;
Thence with the new City of Paducah limits line N13°25'51"W a distance of 217.52 ft. to
a point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-
of-way line N86010'02"E a distance of 176.43 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south
right-of-way line S22°58'40"W a distance of 47.18 ft. to a point;
Thence with the new City of Paducah limits line S06°15' 15"E a distance of 139.38 ft. to a
point, said point also being in Old U.S. Highway 60's north right-of-way line;
Thence with the new City of Paducah limits line and with Old U.S. Highway 60's north
right-of-way line N70°20'57"E a distance of 243.88 ft. to a point;
Thence with the new City of Paducah limits line and continuing with Old U.S. Highway
60's north right-of-way line N71°09'57"E a distance of 450.86 ft. to a point, said point
also being in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-
of-way line N77052'25"E a distance of 68.99 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south
right-of-way line NO3°53'28"W a distance of 216.26 ft. to a point, said point also being
in U.S. Highway 60's north right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's north right-
of-way line N86°06'32"E a distance of 217.94 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N1096'30"W a distance of 43.00 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N52'1 6'09"E a distance of 111.47 ft. to a point, said point also
being the CC Crossroads LLC property's (recorded in Deed Book 1338, Page 179)
southwest corner;
Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right-
of-way line and with the above said property's west line N32°24'52"W a distance of
429.19 ft. to a point, said point also being the above said property's northwest corner;
Thence with the new City of Paducah limits line and with the above said property's north
line N29035'08"E a distance of 148.00 ft. to a point, said point also being the above said
property's northeast corner;
Thence with the new City of Paducah limits line and with the above said property's east
line S36°31'43"E a distance of 651.68 ft. to a point, said point also being in U.S.
Highway 60's north right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's north right-
of-way line N78°04'28"E a distance of 272.62 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N37°54'28"W a distance of 30.93 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N72005'56"E a distance of 54.83 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line S39°59' 10"E a distance of 37.97 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N67'3 1'23"E a distance of 98.33 ft. to a point;
Thence with the new City of Paducah limits line and continuing with U.S. Highway 60's
north right-of-way line N68°09'39"E a distance of 160.00 ft. to a point, said point also
being NLB Properties, Inc. property's (recorded in Deed Book 1253, Page 581)
southwest corner;
Thence with the new City of Paducah limits line, leaving U.S. Highway 60's north right-
of-way line, with the above said property's west line and with CC Crossroads, LLC
property's (recorded in Deed Book 1225, Page 189) south line N38°40' 10"W a distance
of 600.57 ft. to a point;
Thence with the new City of Paducah limits line and with the above said property's south
line N67°52'1 O"W a distance of 203.62 ft. to a point, said point also being the above said
property's southwest corner;
Thence with the new City of Paducah limits line and with the above said property's west
line N21°08'06"E a distance of 144.46 ft. to a point, said point also being in Harris
Road's south right-of-way line;
Thence with the new City of Paducah limits line and with Harris Road's south right-of-
way line S68°53'39"E a distance of 558.90 ft. to a point, said point also being the above
said property's northeast corner and being the corner of the existing City of Paducah
limits;
Thence with the existing City of Paducah limits, leaving Harris Road's south right-of-
way line and with the above said property's east line S21006'21"W a distance of 177.57
ft. to a point, said point also being the NLB Properties, Inc. property's (recorded in Deed
Book 1253, Page 581) northwest corner and being the corner of the existing City of
Paducah limits;
Thence with the existing City of Paducah limits and with the above said property's north
line S68°53'39"E a distance of 323.62 ft. to a point, said point also being in KY Highway
998's west right-of-way line;
Thence with the above said highway's west right-of-way line and with the existing City
of Paducah limits S14032'39"W a distance of 112.62 ft. to the Point of Beginning;
The above described Tract contains 17.30 acres.
The above described tract is the entire CC Crossroads, LLC property (recorded in Deed
Book 1338, Page 179), the entire CC Crossroads, LLC property (recorded in Deed Book
1225, Page 189), the entire NLB Properties, Inc. property (recorded in Deed Book 1253,
Page 581), a part of Commonwealth of Kentucky - U.S. Highway 60 right-of-way and a
part of Commonwealth of Kentucky — Old U.S. Highway 60 right-of-way,
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 2
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road) and Old U.S. Highway 60,
Paducah, McCracken County, Kentucky, more particularly described as:
Beginning at a point at Old U.S. Highway 60's south right-of-way line and Falconite Real
Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672) northwest
property corner;
Thence with the above said Old U.S. Highway 60's south right-of-way line and with the
new City of Paducah limits line N71'04'1 0"E a distance of 8 82.3 5 ft. to a point;
Thence with the new City of Paducah limits line and leaving Old U.S. Highway 60's
south right-of-way line S 18'55'5WE a distance of 249.95 ft. to a point;
Thence with the new City of Paducah limits line N71°04' 10"E a distance of 80.13 ft. to a
point;
Thence with the new City of Paducah limits line N7 1'02'06"E a distance of 64.20 ft. to a
point;
Thence with the new City of Paducah limits line N78'2 1'09"E a distance of 116.55 ft. to
a point;
Thence with the new City of Paducah limits line N06°56' 18"E a distance of 229.63 ft. to
a point, said point also being in U.S. Highway 60's south right-of-way line;
Thence with the new City of Paducah limits line and with U.S. Highway 60's south right-
of-way line N75°57'49"E a distance of 66.42 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 60's south
right-of-way line S06'56'1 8"W a distance of 200.79 ft. to a point;
Thence with the new City of Paducah limits line S35014'28"E a distance of 95.18 ft. to a
point;
Thence with the new City of Paducah limits line S16°43'27"W a distance of 122.94 ft. to
a point;
Thence with the new City of Paducah limits line N73°20'06"W a distance of 43.26 ft. to a
point;
Thence with the new City of Paducah limits line S06°49'09"W a distance of 252.92 ft. to
a point;
Thence with the new City of Paducah limits line S06°34'47"W a distance of 124.52 ft. to
a point;
Thence with the new City of Paducah limits line S07034'25"W a distance of 99.27 ft. to a
point;
Thence with the new City of Paducah limits line S69°15'29"E a distance of 141.18 ft. to a
point;
Thence with the new City of Paducah limits line S22°50' 10"W a distance of 557.92 ft. to
a point;
Thence with the new City of Paducah limits line S22°50'53"E a distance of 75.02 ft. to a
point;
Thence with the new City of Paducah limits line N58°21'49"W a distance of 65.49 ft. to a
point;
Thence with the new City of Paducah limits line NI 1'52'22"W a distance of 100.11 ft. to
a point;
Thence with the new City of Paducah limits line N15°18' 13"E a distance of 309.16 ft. to
a point;
Thence with the new City of Paducah limits line N32°41'50"W a distance of 371.77 ft. to
a point;
Thence with the new City of Paducah limits line N68°37' 12"W a distance of 224.36 ft. to
a point;
Thence with the new City of Paducah limits line S71°04' 10"W a distance of 335.34 ft. to
a point;
Thence with the new City of Paducah limits line S21°33'58"W a distance of 316.94 ft. to
a point;
Thence with the new City of Paducah limits line S46000'54"W a distance of 111.21 ft. to
a point;
Thence with the new City of Paducah limits line N68°26'04"W a distance of 364.16 ft. to
a point;
Thence with the new City of Paducah limits line N04°03'01"E a distance of 152.34 ft. to
a point;
Thence with the new City of Paducah limits line N71°08' 13"E a distance of 100.09 ft. to
a point;
Thence with the new City of Paducah limits line N04°03' 16"E a distance of 435.81 ft. to
the Point of Beginning;
The above described Tract contains 21.76 acres.
The above described tract is a part of the Falconite Real Estate Holdings, LLC property
(recorded in Deed Book 1321, Page 672)
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 3
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along the west side of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah,
McCracken County, Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 998's west right-of-way line and Falconite Real
Estate Holdings, LLC property (recorded in Deed Book 1321, Page 542) northeast
property corner;
Thence with the above said U.S. Highway 998's west right-of-way line and with the new
City of Paducah limits line S22027'55"W a distance of 75.01 ft. to a point;
Thence with the new City of Paducah limits line and leaving U.S. Highway 998's west
right-of-way line N68°36'15 "W a distance of 399.14 ft. to a point;
Thence with the new City of Paducah limits line N22°50'53"E a distance of 75.02 ft. to a
point;
Thence with the new City of Paducah limits line S68036'15"E a distance of 398.64 ft. to
the Point of Beginning;
The above described Tract contains 0.69 acres.
The above described tract is the Falconite Real Estate Holdings, LLC property (recorded
in Deed Book 1321, Page 542)
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 4
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along the west side of KY Highway 998 (a.k.a. Olivet Church Road), Paducah,
McCracken County, Kentucky, more particularly described as:
Beginning at a point at KY Highway 998's old east right-of-way line, said point also
being on the existing City of Paducah limits;
Thence leaving the above said KY Highway 998's old east right-of-way line and with the
new City of Paducah limits line N73°35'45"W a distance of 237.27 ft. to a point, said
point also being Falconite Real Estate Holdings, LLC property (recorded in Deed Book
1326, Page 586) southwest property corner;
Thence with the new City of Paducah limits line and with the above said property's west
line N2V35'48"E a distance of 232.41 ft. to a point;
Thence with the new City of Paducah limits line and with the above said property's north
line S74°44'54"E a distance of 191.36 ft. to a point, said point also being in the above
said highway's west right-of-way line;
Thence with the new City of Paducah limits line and with the above said highway's west
right-of-way line N27°58'59"E a distance of 151.98 ft. to a point;
Thence with the new City of Paducah limits line and continuing with the above said
highway's west right-of-way line N30°12'43"E a distance of 242.72 ft. to a point, said
point also being on the existing City of Paducah limits;
Thence with the existing City of Paducah limits and leaving the above said highway's
west right-of-way line S67°19'00"E a distance of 45.53 ft. to a point, said point also
being in the above said highway's old east right-of-way line and at the corner of the City
of Paducah limits;
Thence with the existing City of Paducah limits and with the above said highway's old
east right-of-way line S22°36'59"W a distance of 618.55 ft. to the Point of Beginning;
The above described Tract contains 2.13 acres.
The above described tract is the Falconite Real Estate Holdings, LLC property (recorded
in Deed Book 1326, Page 586) and a part of the Commonwealth of Kentucky - U.S.
Highway 998's right-of-way
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 5
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located west of U.S. Highway 998 (a.k.a. Olivet Church Road), Paducah, McCracken
County, Kentucky, more particularly described as:
Beginning at a point, said point being at the northeast corner of the Menard, Inc. property
(recorded in Deed Book 1366, Page 509), said point also being the southeast corner of the
Falconite Real Estate Holdings, LLC property (recorded in Deed Book 1321, Page 672)
and the northwest corner of the West Union Baptist Association, Inc. property (recorded
in Deed Book 922, Page 739);
Thence with the above said West Union Baptist Association, Inc.'s property west line
S22°50'41"W a distance of 339.79 ft. to a point, said point also being the northeast corner
of the Charles Stephenson property (recorded in Deed Book 910, Page 244);
Thence with the above said Charles Stephenson's property north line N68°26'04"W a
distance of 1235.32 ft. to a point, said point being also being the southeast corner of the
Alford Crawford property (recorded in Deed Book 980, Page 398);
Thence with the above said Alford Crawford's property east line N04°03'01"E a distance
of 338.15 ft. to a point, said point being also being the southwest corner of the above said
Falconite Real Estate Holdings, LLC property;
Thence with the above said Falconite Real Estate Holdings, LLC's property south line
S68°26'04"E a distance of 364.16 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line N46000'54"E a distance of 111.21 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line N2193'5VE a distance of 316.94 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line N71004'1 VE a distance of 335.34 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line S68°37' 12"E a distance of 224.36 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line S32°41'50"E a distance of 371.77 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line S15'18'1 3"W a distance of 309.16 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line S11°52'22"E a distance of 100.11 ft. to a point;
Thence continuing with the above said Falconite Real Estate Holdings, LLC's property
south line S58°21'49"E a distance of 65.49 ft. to the Point of Beginning;
The above described Tract contains 19.95 acres.
The above described tract is the entire Menard, Inc. property (recorded in Deed Book
1366, Page 509),
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
CITY OF PADUCAH ANNEXATION
LEGAL DESCRIPTION - TRACT 6
A certain tract of land as surveyed by Kyrun Jett Wood, P.L.S.#3445 and being generally
located along U.S. Highway 60 (a.k.a. Hinkleville Road), Paducah, McCracken County,
Kentucky, more particularly described as:
Beginning at a point at U.S. Highway 60's north right-of-way line, said point also being
at the southeast corner of the Harriett S. Reed, Trustee of the Walter R. Reed Trust B
under the Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement
property (recorded in Deed Book 1198, Page 432), said point also being the southwest
corner of the Walter Reed property (recorded in Deed Book 1263, Page 436);
Thence with the above said Walter Reed's property west line N32°24'11"E a distance of
338.25 ft. to a point;
Thence continuing with the above said Walter Reed's property west line N32°24'46"E a
distance of 259.75 ft. to a point, said point being also being the northwest corner of the
CC Crossroads, LLC property (recorded in Deed Book 1338, Page 179);
Thence with the above said CC Crossroads LLC's property west line N29°35'08"E a
distance of 109.74 ft. to a point, said point being also being the southeast corner of the
Harriett Reed property (recorded in Deed Book 1198, Page 432);
Thence with the above said Harriett Reed's property south line and James L. Stanley
property (recorded in Deed Book 219, Page 526) south line N65°17' 14"W a distance of
496.26 ft. to a point, said point being also being the northeast corner of the Walter R.
Reed and Harriett S. Reed, as co -trustees of the Walter R. Reed and Harriett S. Reed
Revocable Living Trust Agreement property (recorded in Deed Book 1065, Page 634);
Thence with the above said Walter R. Reed and Harriett S. Reed, as co -trustees of the
Walter R. Reed and Harriett S. Reed Revocable Living Trust Agreement's property east
line S22°33'46"W a distance of 620.75 ft. to a point, said point being also being the
northeast corner of the Cole TS Paducah KY, LLC property (recorded in Deed Book
1070, Page 684);
Thence with the above said Cole TS Paducah KY, LLC's property east line S23°0F1 8"W
a distance of 287.33 ft. to a point, said point being the above said highway's north right-
of-way line;
Thence with the above said highway's north right-of-way line N85°59'21"E a distance of
427.73 ft. to the Point of Beginning;
The above described Tract contains 8.00 acres.
The above described tract is the entire Harriett S. Reed, Trustee of the Walter R. Reed
Trust B under the Walter R. Reed and Harriett S. Reed Revocable Living Trust
Agreement property (recorded in Deed Book 1198, Page 432),
The above described Tract is not for Land Title Transfer but for annexation proposes
only.
SECTION 2. The City of Paducah hereby declares it desirable to annex
the properties described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of a court of competent jurisdiction,
that section or portion shall be deemed severable and shall not affect the validity of the
remaining sections of the ordinance.
SECTION 4. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, October 9, 2018
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
Published by The Paducah Sun,
\ord\plan\final-annex — Hinkleville Harris Olivet Church Road
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance
adopted by the Board of Commissioners of the City of Paducah at a meeting
held on
Lindsay Parish, City Clerk
ORDINANCE NO. 2018 -
AN ORDINANCE ACCEPTING THE BASE BID OF EVRARD-STRANG
CONSTRUCTION, INC., FOR THE PAT AND JIM BROCKENBOROUGH ROTARY
HEALTH PARK SPRAYGROUND AND RESTROOM FACILITY CONSTRUCTION, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the base bid of Evrard-Strang
Construction, Inc., in the amount of $515,000, for the construction of a sprayground and
restroom facility at the Pat and Jim Brockenborough Rotary Health Park, said bid being in
substantial compliance with bid specifications, and advertisement for bids, as contained in the
bid of Evrard-Strang Construction, Inc., of September 20, 2018.
SECTION 2. That the Mayor is hereby authorized to execute a contract with
Evrard-Strang Construction, Inc., for the sprayground and restroom facility at the Pat and Jim
Brockenborough Rotary Health Park, authorized in Section 1 above, according to the
specifications, bid proposal and all contract documents heretofore approved and incorporated in
the bid.
SECTION 3. This expenditure shall be charged to the Project Account - PAO113
4000-2401-5-23070 and DT0043 4000-1201-5-2307-0.
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, October 9, 2018
Adopted by the Board of Commissioners, October 23, 2018
Recorded by Lindsay Parish, City Clerk, October 23, 2018
Published by The Paducah Sun,
\ord\parks\contract-Rotary Health Park Sprayground & Restroom
Brad Wilkins
From:
Chris Campbell <chrisc@dwarec.com>
Sant.
Thursday; September 20, 201811:00 AM
TO:
Brad Wilkins
Subject
RE: Paducah Health Park Phase 2 - Water Odyssey Sprayground Equipment
Thanks for the call Brad.
My installers have the following (5) splash pads they have done in the past 15 years:
• West Park — Elyria, OH
• Franklin Park—Van Wert, OH
•
City of Celina — Celina, OH
• Meigs Co. — Pomeroy, OH
• Perry Co. Health Dept. — Perry Co., OH
Thanks,
Chris Campbell
Aquatics Manager/Project Manager
DWA Recreation, Inc.
O: 513=788-1824
F: 513-78&1825
M: 513-375-1174
D1.
RECREATIOPI
' GR>S RrC GREAT AMERICAN INSURANCE COMPANY
INSURANCE GROUP
oHio
BID BOIND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR:
(Name, legal status and address)
Wilkins Construction Co, Inc.
514 Louisiana Street
Paducah, KY 42002-3027
OWNER:
(Name, legal status and address)
City of Paducah
P 0 Box 2267
Paducah, KY 42003
SURETY:
(Name, legal status and pdncaipal place of business):
Great American Insurance Company
301 East 4th Street
Cincinnati, OH 45202-4201
BOND AMOUNT: $ Five Percent of Attached Bid (****5$*****)
PROJECT: Health Park Phase II
(Name, location or address, and Project number, if any)
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as
provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time
specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the
Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or
bonds as may be specified in the bidding or Contract Documents, with a Surety admitted in the jurisdiction of the Project
and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor
and material fumished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this
Bond, between the amount specified In said bid and such larger amount for which the Owner may in good faith contract with
another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the
time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty
(60) days in the aggregate beyond the time for acceptance of bids specified in the bid documants, and the Owner and
Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirements shall be deemed incorporated herein. When so furnished, the
intent is that this Bond shall be construed as a statutory bond and not as a common^bond.
Signed and sealed this 20th day of September , 2018 .
1
Debbie
wilhins,*@dEructjlon Co, Inc.
President
GRE RICAN INSURANCE COMPANY
($L w (sea/)
(Ah6M'f4rXFdft Chris Gunn
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310.2010 Edition
GREAT AMERICAN INSURANCE COMPANY0
Administrative Office: 301 E 4TH STREET '?I CINCINNATI, OHIO 46202 '& 513-359-5000 'a' FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than SIX
No.o 20955
POWER OF ATTORNEY
KNOWALLMENBYTHESEPRESENTS: ThstftGREATAMERICAKINSURANCECOMPANY, acorporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf ofthe said Company, as surety, any and all bonds,
undertakings and oontiuU of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such band,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
CHRIS GUNN ALL OF ALL
PETE T. GUNN. III BENTON, KENTUCKY $100,000,000
MICHAEL MARTIN
ASHLEY O'DANIEL
SUSSANN LOVETT
DEBBIE L. TUCKER
This Power ofAttmney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN VMNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of FEBRUARY , 2018
Attest GREAT AMERICAN INSURANCE COMPANY
quo-
Aaatstrmt secretary DlvdslawlSenior Kee President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID c, wrcHiN ion-str-MM
On this STH day of FEBRUARY 2018before me personally appeared DAVID C. KITCHIN, to me
known, being duly sworn, deposes and says that be resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his
name thereto by like authority.
6" AL icOr"t
" P094 til010hl
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Grest American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Nce Presidents, Divisional Vice Presidents and Divisonal Assistant Rce
Presidents, or any one of them, be and hereby is authoriaeg from time to time, to appoint one or more Attorneys -in -Fact to execute on beiralf of the Compar%
as surety any and all bonds, undertakings andcontraets ofsumtyship, or other written obligations in the nature thereof, to prescribe their respective cktttes and
the respective limits of their authority; and to revoke any such appab ndent at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers andmV Secralmy or Assistant Secretary of the
Company may be affind by facsimile to arty power of altorney or cerilficate of either gtven for the execution ofany bong undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company to be valid and binding upon the Company with the same farce and erect as though manually qffized
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAtta mey and
the Resolutions of the Board of Directors of J 9, 2008 have not revoked and are now m full force and effect
Signed and sealed this C7 R day of4phwn�uo
Assistant secretary
S102W (oan5}
PROJECT NO. 15082
PADUCAH HEALTH PARK - PHASE 2
DOCUMENT 004113 -131D FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT)
1.1 BID INFORMATION
A. Bidder: Wilkins Construction Co., Inc.
B. Project Name: Paducah Health Park — Phase 2
C. Project Location: 421 North 1.311 Street, Paducah, Kentucky
D. Owner: City of Paducah, Kentucky
E. Architect: Brandstetter Carroll, Inc.
F. Architect Project Number: 15082
1.2 CERTIFICATIONS AND BASE BID
A. Contract No. 1— Provide and Install Sprayground
Singlc-Prime (All Trades) Contract: The undersigned Bidder, having carefully examined the
Procurement and Contracting Requirements, Conditions of the Contract, Drawings,
Specifications, and all subsequent Addenda, as prepared by Brandstetter Carroll Inc. and the
Architect's Consultants, having visited the site, and being familiar with. all conditions and
requirements of the work, hereby agrees to furnish all material, labor, equipment and services,
including all scheduled aIlowances, necessary to complete the construction of the above-named
project, according to the requirements of the Procurement and Contracting Documents, for the
stipulated sum of
l . Rn Hundred 7vanty-For'tha mnd Nine Hundred Nb ft N1ne and Woo Dollars ( 524,999.Fi0 ).
2. The above armunt may be modified by amounts indicated by the Bidder on the attached
Document Unit Prices Form and Document Alternates Foran,.
E. Alternate Bid No. 1— Spraygrouud Labyrinth
Written Amount one Hundred Nbmis n Thmmnd Nina Hundred Ni re"Irm and DOW Numeral $ 119,999.00
F. This offer shall be open to acceptance and is irrevocable for sixty days .from the bid closing
date.
If the Owner accepts this bid within the time period stated above, we will:
Execute the Agreement within ten days of receipt of Notice of Award.
Furnish the required bonds within ten days of receipt of n=otice of Award in the form de-
scribed in Supplementary Conditions.
If this bid is accepted within the time stated, and we fail to commence the Work or we fail to
provide the required Bond(s), the security deposit shall be forfeited as damages to the Owner by
BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) 004113-1
PROTECT NO. 15082
PADUCAH HEALTH PARK - PHASE 2
reason of our failure, limited in amount to the lesser of the face value of the security deposit or
the difference between this bid and the bid upon which a Contract is signed.
In the event our bid is not accepted within the time stated above, the rewired security deposit
shall be returned to the undersigned, in accordance with the provisions of the Instructions to
Bidders; unless a mutually satisfactory arrangement is made for its retention and validity for an
extended period of time.
1.3 BID GUARANTEE
A. The undersigned Bidder agrees to execute a contract for this Work in the above amount and to
furnish surety as specified within 10 days after a written Notice of Award, if off=ed within 60
days after receipt of bids, and on failure to do so agrees to forfeit to Owner the attached cash,
cashier's check, certified check, U.S. money order, or bid bond, as liquidated damages for such
failure, in the following amount constituting five percent (5%) of the Base Bid amount above:
I Dollars ($_ ).
B. In the event Owner does not offer Notice of Award within the time limits stated above, Owner
will return to the undersigned the cash, cashier's check, certified check, U.S. money order, or
bid bond.
1.4 SUBCONTRACTORS AND SUPPLIERS
A. The following companies shall execute subcontracts for the portions of the Work indicated:
1. Site Work:
W kIns Conslruetton Co., Inc.
2. Concrete Work.
Wilkins Construction Co. Inc.
3. Plumbing Work
Murtw Inc.
4. Electrical Work:
Fagft Ebdric
5. Sprayground work;
DWA RecreaWn
6. Building Construction Work: M.P. Lawson Coniftcion , LLC
1.5 TIME OF COMPLETION
A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract
Documents on a date specified in a written Notice to Proceed to be issued by Architect, and
shall fully complete the Work within 150 (one hundred fi ft) calendar days.
1.6 ACKNOWLEDGEMENT OF ADDENDA
A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the
preparation of this Bid -
1. Addendum No. 1, dated
2. Addendum No. 2, dated
3. Addendum No. 3, dated
4. Addendum No. 4, dated
BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) 004113.2
PROJECT NO. 15082
1.7 BID SUPPLEMENTS
PADUCAH HEALTH PARK - PHASE 2
A. The following supplements are a part of this Bid Form and are attached hereto.
1. Bid Form Supplement - Alternates.
2. Bid Form Supplement - Unit Prices.
3. Bid Form Supplement - Allowances.
4. Bid Form Supplement - Bid Bond Form (AIA Document A310).
1.8 CONTRACTOR'S LICENSE
A. The undersigned further states that it is a duly licensed contractor, for the type of work
proposed, in Paducah (city) and &MLWAy I (state), and that all
fees, permits, etc., pursuant to submitting this proposal have been paid in full.
1.9 SUBMISSION OF BID
A. Respectfully submitted this 20thday ptember 2018.
B. Submitted By {Name of bidding firm or corporation}.
C. Authorized Signature:(Handwritten signature).
D.
Signed By:
Bfad Wilkins
(Type or print name).
E.
Title:
President
(Owiner/Partner/President(Vice President).
F.
Witness By:
6' _,ili,.tzm
.__(Handwritten signature).
G.
Attest:
(Handwritten signature).
H.
By:
Tisha Wilkins
(Type or print name).
I.
Title:
(Corporate Secretary or Assistant Secretary).
J.
Street Address:
K.
City, State, Zip
Parh»rab - y -4900?
_
L.
Phone:
270 442-$174
M.
License No.:
4046
N.
Federal ID No.:
(Affix Corporate Seal Here).
END OF DOCUMENT 004113
BID FORM - STIPULATED SUM (SLNGLE-PRIlVIE CONTRACT) 004113-3
PROJECT NO. 15082
DOCUMENT 004322 - LIST OF UNIT PRICES
1.1 BID INFORMATION
PADUCAH HEALTH PARK — PHASE 2
A. Bidder: Wilkins ConstLuctim Co., Inc.
1.2 BID FORM SUPPLEMENT
A. This farm is required to be attached to the Bid Form.
B. The undersigned Bidder proposes the amounts below be added to or deducted from the Contract
Sum on perR mance and measurement of the individual items of Work.
C. If the unit price does not affect the Work of this Contract, the Bidder shall, kWicate "NOT
APPLICABLE."
1.3 UNIT PRICES (TO BE SUBMUM WTI'H BID)
The following are Unit Prices for specific portions of the Work as listed and are applicable to authorized
variations from the Contract Documents. All unit prices to indicate complete installation.
ITEM DESCRIP'T'ION UNIT QUANTITY UNIT PRICE
Earthwork - 333 c.y, $ 95.86
4" Concrete, slab 489 S.Y. 66.06
5" Concr� slab
218 s_y,
$
105.04
Area drain
7 M,
$
750.00
Area water line
1000 It
$
15.00
Area water line Lf..
6" Sewer line 621 11 $ 34.07
Driniong bmtEdn _ - - 1 ca. $7.350.00 — —
Beach 3 ea. $1,213.00
Tables 3 ea. $1,667.00
Decorative Fence 322 llfl $ 105.60
LIST OF UNIT PRICES 004322-1
PROJECT NO. 15082
SUBMISSION OF BID SUPPLEMENT
A. Respectfully submitted this ?D_
B. Submitted By: Wilkins C�nsif,
C. Authorized Signature:
PADUCAH HEALTH PARK -- PHASE 2
20_U
name of bidding f= or corporation).
signature).
D.
Signed By:
Brad WUkins
(Type or print name).
E.
Title:
President"'
(Owner/Partner/President/Vice President).
END OF LIST OF UNIT PRICES
LIST OF UNIT PRICES 004322-2
PROJECT NO. 15082
DOCUMENT 004323 - ALTERNATES FORM
1.1 BM WORMATION
PADUCAH HEALTH PARK — PHASE 2
A. Bidder. Wilkins Construcion Co., Inc. Subcontractor: DWA Recreation
B. Prime Contract: Paducah Health Park Phase II Prime Contractor: Wilkins Construction Co, Inc.
C. Project Name: Paducah Health Park—Phase 2.
D. Project Location: 421 North 13* Street, Paducah, Kentucky.
M Ovmer: City of Paducah.
F. Architect: Brands== Carroll Inc..
G. Architect Project Number: 15082,
1.2 BID FORM SUPPLEMENT
A. This form is required to be attached to the Bid Form.
1.3 DESCRIPTION
A- The undersigned Bidder proposes the amount below be added to or deducted from the Base Bid
iifpmucular alternates are accepted by Owner. Amounts listed for each alternate include costs of
related coordination, modification, or adjustment.
1. Cost -Plus -Fee Contract: Altematie price given below includes adjustment to Contractor's
Fee.
B. If the alternate does not affect the Contract Sum, the Bidder shall indicate "NO CHANGE."
C. If the alternate docs not affect the Work of this Contract, the Bidder shall indicate "NOT
APPLICABLE."
D. The Bidder shall be responsible for determining :rr= the Contract Documents the affects of
each alternate on the Contract Time and the Contract Sum.
E. Owner reserves the right to'accept or reject any alternate, in any order, and to award or amend
the Contract accordingly within 60 days of the Notice of Award unless otherwise indicated in
the Contract Documents.
F. Acceptance or non-acceptance of any alternates by the Owner shall have no affect on the
Contract Time unless the "Schedule of Alternates" Article below provides a formatted space for
the adjustment of the Contract Time.
ALTERNATES FORM 004323-1
PROJECT NO. 15082 PADUCAH HEALTH PARK - PHASE 2
1.4 SCHEDULE OF ALTERNATES
A. Add Alternate No 1: Sprayground Labyrinth,
1.5 SUBMISSION OF BID SUPPLEMENT
A. Respectfully submitted this 2DIhday of , 201B
B. Submitted By: 1.
(Name of bidding firm or
corporation).
C. Authorized Signature: (Handwritten signature),
D. Signed By: r Wilkins (Type or print name) -
E.
E. Title: Presient (Owner/Partner/President/Vice President).
END OF DOCUMENT 004323
ALTERNATES FORM 004323-2
PROJECT NO. 15082 PADUCAH HEALTH PARK — PHASE 2
DOCUMENT 004336 - LIST OF SUBCONTRACTORS
(TO BE SUBMITTED WITH BID)
Herewith i!. the list of Subcontractors referenced in the bid submitted by:
(Project) Paducah Health Park — Phase 2
(Owner) City of Paducah
(Bidder) NOcins C s
tructian Co-, Lac.
Dated 9/20/2018 and which is an integral part of the Bid Form.
The following work will be perfumed (or provided) by Subcontractors and coordinated by us:
WORK SUBJECT . _ _ _ NAME, .ADDRESS. PHONE NUMBER
Site Work Wilkins Construction Co., Inc, P O Box 3027 Paducah, KY 42002 270 442-8174
Concrete Work Wilkins Construction Co., Inc. P O Box 3027 Paducah, KY 42002 270 442-8174
Plumbing Work
Murco Inc.
015 Abell Street Paducah, KY 42003
270 4440879
Electrical Work
Faughn Electric Inc.
5900 Old Mayfield Road Paducah, KY 42003
270 5541213
Sprayground_
Recreation
P O Box 208 Harrison, OH 45030
800-762-79M
Biding
_D'WA
Construction
M.P. Lawson
0355 Blandville Road Paducah, KY 42001
270-554-3072
END OF LIST OF SUBCONTRACTORS
LIST OF SUBCONTRACTORS 004336-1
0
C!]
co
—4
O
�1
aoeoo
FORM OF BIG BOND
PAGE 1 of 2
FORM OF BID BOND
Evrarct Strang Construction, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 1703 East DeYoung Street, Marion, IL 62959
(Name of Principal - Bidder)
Travelers Casualty and Surety Company of America
as Principal, hereinafter called the Pdndpal, and One Tower Square, Hartford, CT 06183
(Name of Surety - insurance Company)
s Corporation duly organized under the laws of the State of �� Connecticut
(State) .
as Surety, hereinafter called the Surety, are held and firmly bound unto the CITY OF PADUCAH,
KENTUCKY, as Obligee, hereinafter called the Obligee. In the sum of:
$ _Sof the Amount Bid ( gyp Percent et the Amount Rid Dollars and Cents)
for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a Bid for Paducah Health Park- Phase 2
(Name of Project)
Dated September 20, 2018 to the CITY OF PADUCAH, KENTUCKY, Obligee.
NOW, THEREFORE:
V the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract documents
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the
Obfgee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
PRINCIPAL: Signed and sealed this 20 day of Seotember 2018
(SEAL)
ODOM
FORM OF BID BOND
PAGE 2 of 2
CERTIFICATE AS TO CORPORATE PRINCIPAL
, _ JAG 644 R JI , certify that I am the jfiffla6y Q1e& ,Secretary of the Corporation named as
Principal in the within Bon - that . j5cn(!?R)l l40999 " who signed the said Bond on behalf of the
Principal was then ►'0L of said Corporation; that I knew his/her signature, and
his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to for and in
behalf of said Corporation by authority of its goveming body.
(Corporate Seal)
SURETY: Signed and sealed this 20 day of Seatember 20 IS .
Travelers Casualty and Surety Company of America
(Surety - Insure ompany)
Ashley Miller, Attorney -in Fact
(Title) -
(SEAL)
Attach Surety Power of Attorney
State of Missouri
County of St. Louis
On 9/2012018, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and swom, personally appeared Ashley Miller known to me to be Attorney -in -Fact of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
Andrea Mc Public
FANDRLA ikOCCAA 1',7ry Puuhc — Notary Seal
Missouri, St. Louis County
mmission N 15636518
My Commission Expires: mission Expires July 30, 2019
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Ashley Miller ofChesterlleld
Missouri , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognlzances,
conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies In their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
Ar
as.
rk
4. +
State of Connecticut �_ �•-..'
City of Hartford as. Robert L. Raney, Sefflbr Moe President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing Instrument forthe purposes therein contained by signing on behalf of the corporations
by himself as a duty authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. L
My Commission expires the 30th day of June, 20210
Marro C. Tetreault, Notary Public
This Power of Attorney Is granted under and by the authority of the fallowing resolullons adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now In
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or condlticnal undertaking, and any of said officers or the Board of Directors at any time may remove arty such appointee and revoke
the power given him or her, and it Is
FURTHER RESOLVED, that the Chairman, the President, any %Ace Chairman, any Executive Vice President, any Senior Vice President or any Moe
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
Is In writing and a copy thereof is filed in the office of the Secretary; and it Is
FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company'a seal by a Secretary -or Assistant Secretary; or (b) duly executed (under semi, if required) by
one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: Preskfent, any Executive Moe President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys4n-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which It Is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of
Attorney executed by said Companies, which remains In full force and effect.
Dated this 20 day of September , 2018
G.
tr
E)(D
�..
Kevin E. Hughes, Assibitant Secretary
To rapff r the antlmmddty of em Powier ofAttomey, phrase co fl as a# r,&w-42j-3w L
PAmm raltrCr to Elm abewe-awmd Afft my-in-Alict and the dbft& of Hm bwd to wteM the power Is adindMd
PROJECT NO. 15082
PADUCAH HEALTH PARK - PHASE 2
DOCUMENT 004113 - BID FORM - STIPULATED SUM (SINGLE-PRUvIE CONTRACT)
1.1
1.2
BID INFORMATION
A. Bidder: Evrard-Strang Conetruction
B. Project Name: Paducah Health Park — Phase 2
C. Project Location: 421 North 13d' Street, Paducah, Kentucky
D. Owner: City of Paducah, Kentucky
E. Architect: BrandstWa Carroll, Inc.
F. Architect Project Number: 15082
CERTIFICATIONS AND BASE BID
A. Contract No. 1— Provide and Install Sprayground
Single -Prime (All Trades) Contract: The undersigned Bidder, having carefully examined the
Procurement and Contracting Requirements, Conditions of the Contract, Drawings,
Specifications, and all subsequent Addenda, as prepared by Brandstetter Carroll Inc. and the
Architect's Consultants, having visited the site, and being familiar with all conditions and
requirements of the work, hereby agrees to furnish all material, labor, equipment and services,
including all scheduled allowances, necessary to complete the construction of the above-named
project, according to the requirements of the Procurement and Contracting
stipulated r"� ��
rG..
1. R Dollars ($ J
2. The above amount may be modified l:l�► amounts indicated by the Bidder on the attached
Document Unit Prices Form and Document Alternates Form.
E. Alternate Bid No. 1— Sprayground Labyrinth
wh 120
F. This offer shall be open to acceptance and is irrevocable for sixty days
date.
If the Owner accepts this bid within the time period stated above, we will:
Execute the Agreement within ten days of receipt of Notice of Award.
lo7_+I2? as
the bid closing
Furnish the required bonds within ben days of receipt of Notice of Award in the form de-
scribed in Supplementary Conditions.
If this bid is accepted within the time stated, and we fail to commence the Work or we fail to
provide the required Bond(s), the security deposit shall be forfeited as damages to the Owner by
BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) 004113-1
PROJECT NO. 15082
PADUCAH HEALTH PARK - PHASE 2
reason of our failure, limited in amount to the lesser of the face value of the security deposit or
the difference between this bid and the bid upon which a Contract is signed.
In the event our bid is not accepted within the time stated above, the required security deposit
shall be returned to the undersigned, in accordance with the provisions of the Instructions to
Bidders; unless a mutually satisfactory arrangement is made for its retention and validity for an
extended period of time.
1.3 BID GUARANTEE
A. The undersigned Bidder agrees to execute a contract for this Work in the above amount and to
furnish surety as specified within 10 days after a written Notice of Award, if offered within 60
days after receipt of bids, and on failure to do so agrees to forfeit to Owner the attached cash,
cashier's check, certified check, U.S. money order, or bid bond, as liquidated damages for such
failure, in the following amount constituting five percent (5%) of the Base Bid amount above:
1. 5% of bid amount. Dollars ($ 5% of bid. ),
B. In the event Owner does not offer Notice of Award within the time limits stated above, Owner
will return to the undersigned the cash, cashier's check, certified check, U.S. money order, or
bid bond.
1.4 SUBCONTRACTORS AND SUPPLIERS
A. The following companies shall execute subcontracts for the portions of the Work indicated:
1.
2.
3.
4.
5.
6.
Site Work: &yard -Strang Construction
Concrete Mork. SpecCon Concrete Construction
Plumbing work:
Electrical Work: �I
Sprayground Work:_
Building Construction
1.5 TIME OF COMPLETION
Strang Construction
A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract
Documents on a date specified in a written Notice to Proceed to be issued by Architect, and
shall fully complete the Work within 150 (one hundred fifty) calendar days.
1.6 ACKNOWLEDGEMENT OF ADDENDA
A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the
preparation of this Bid:
1. Addendum No. 1, dated
2. Addendum No. 2, dated
3. Addendum No. 3, dated
4. Addendum No. 4, dated
BID FORM - STIPULATED SUM (SINGLE-PRIlAE CONTRACT) 004113-2
PROJECT NO. 15082
PADUCAH HEALTH PARK - PHASE 2
1.7 BID SUPPLEMENTS
A. The following supplements are a part of this Bid Form and are attached hereto.
1. Bid Form Supplement - Alternates.
2. Bid Form Supplement - Unit Prices.
3. Bid Form Supplement - Allowances.
4. Bid Form Supplement - Bid Bond Form (AIA Document A310).
1.8 CONTRACTOR'S LICENSE
A. The undersigned further states that it is a duly licensed contractor, for the type of work
proposed, in Paducah (city) and Kentucky (state), and that all
fees, permits, etc., pursuant to submitting this proposal have been paid in full.
1.9
SUBMISSION OF BID
A.
Respectfully submitted this Lcthday of September , 2018.
B.
Submitted By. Evrard- Strang Construction
(Name of bidding firm or corporation).
C.
Authorized Signature:
(Handwritten signature).
D.
Signed By: Rodney Evr rd
(Type or print name).
E.
Title: President
wner/Partner/President/Vice President).
F.
Witness By:
(Handwritten signature).
G.
Attest-
(Handwritten signature).
H.
By: 132rlie-. ElyAjej
(Type or print name).
I.
n {�,
Title: LD ,C`];LD/2i_�d@✓ (Corporate Secretary or Assistant Secretary).
J.
Street Address: 1703 E. DeYoung Street
K.
City, State, Zip Marion, IL 62959
L.
Phone: 618-997-8997
M.
LicenseNo.: Not Applicable
N.
Federal IDNo.: 30-0083774
(Affix Corporate Seal Here).
END OF DOCUMENT 004113
BID FORM - STIPULATED SUM (SINGLE -PRIME CONTRACT) 004113-3
PROJECT NO. 15082
DOCUMENT 004322 - LIST OF UNIT PRICES
1.1 BID INFORMATION
PADUCAH HEALTH PARK - PHASE 2
A. Bidder. Evrard-Strang Construction
1.2 BID FORM SUPPLEMENT
A. This form is required to be attached to the Bid Forret.
B. The undersigned Bidder proposes the amounts below be added to or deducted from the Contract
Sum on performance and measurement of the individual items of Work.
C. If the unit price does not affect the Work of this Contract, the Bidder shall indicate "NOT
APPLICABLE."
1.3 UNIT PRICES (TO BE SUBMITTED WITH BID)
The following are Unit Prices for specific portions of the Work as listed and are applicable to authorized
variations from the Contract Documents. All unit prices to indicate complete installation.
ITEM DESCRIPTION,
UNIT QKAN= UNIT PRICE
Earthwork
C.Y.
too 10 "
4" Concrete, slab
S.Y.
g s -D . 00_
5" Concrete slab
S.Y.41
. se
Area drain
Area water line
ea.
Lf
S:h Do •o
30-40
Area water line
l.f..
30.10
6" Sewer line
Lf.o
•
_
Drinking fountain
ea.
30Q 1#4
Bench
CL
[ G Sb
T-*--
--
'dea 3.m 6
Decorative Fence l/f/ 17.50 00 —
LIST OF UNIT PRICES 004322-1
PROJECT NO. 15082
SUBMISSION OF BID SUPPLMAENT
A.
B.
C.
D.
PADUCAH HEALTH PARK — PHASE 2
Respectfully submitted this 20thday of September -,201&
Submitted By. Bvrard-Strang Construction ffinsed nam ofbiddingfumorcogxxafm).
Authorized Signature :
Signed By: Rodney
signature).
or print name).
E. Tide: President (Owner/PartnerMresident/Vlce President).
END OF LIST OF UNIT PRICES
LIST OF UNIT PRICES 004322-2
PROJECT NO. 15082
DOCUMENT 004323 - ALTERNATES FORM
1.1 BID INFORMATION
A. Bidder. 1 55 c�Ylf ►
PADUCAH HEALTH PARK — PHASE 2
B. pie Contract: Evrard-Strang Construction
C. Project Name: Paducah Health Park — Phase- 2.
D. Project Location: 421 North 13'" Street, Paducah, Kentucky.
E. Owner: City of Paducah.
F. Architect: Brandstetter Carroll Inc..
G. Architect Project Number: 15082.
1.2 BID FORM SUPPLEMENT
A. This form is required to be attached to the Bid Form.
1.3 DESCRIPTION
A. The undersigned Bidder proposes the amount below be added to or deducted from the Base Bid
if particular alternates are accepted by Owner. Amounts listed for each alternate include costs of
related coordination, modification, or adjustment.
1. Cost -Plus -Fee Contract: Alternate price given below includes adjustment to Contractors
Fee:
B. If the alternate does not affect the Contract Sum, the Bidder shall indicate 'NO CHANGE."
C. If the alternate does not affect the Rork of this Contract, the Bidder shall indicate "NOT
APPLICABLE."
D. The Bidder shall be responsible for determining fivm. the Contract Documents the affects of
each alternate on the Contract Time and the Contract Sum.
E. Owner reserves the right to accept or reject any alternate, in any order, and to award or amend
the Contract accordingly within 60 days of the Notice of Award unless otherwise indicated in
the Contract Documents.
F. Acceptance or non-acceptance of any alternates by the Owner shall have no affect on the
Contract Time unless the "Schedule of Alternates" Article below provides a formatted space for
the adjustment of the Contract Time.
ALTERNATES FORM 004323-1
PROJECT NO. 15082 PADUCAH HEALTH PARK — PHASE 2
1.4 SCHEDULE OF ALTERNATES
A. Add Alternate No 1: Sprayground Labyrinth
1.5 SUBMISSION OF BID SUPPLEMENT
A. Respectfully submitted this a Otrday of September, 2018.
B. Submitted By: Bvrard-Strang Construction (Name of bidding firm or
mon).
"00,17
C. Audwrizod Signature: (Handwritten signature).
D. Signed By: Rodney Fsvrard (Type or prat narop).
E. Title: president (Owner/Partner/President/Vim President).
NN,Ibis) a 6.74161013T I :Q I a 1111 KW
ALTERNATES FORM 004323-2
PROJECT NO. 15082 PADUCAH HEALTH PARK — PHASE 2
DOCUMENT 044336 - LIST OF SUBCONTRACTORS
(TO BE SUBMITTED WITH BID)
Herewith is the list of Subconaactors referenced in the bid submitted by.
(Project) Paducah Health Park — Phase 2
(Owner) City of Paducah
(Bidder) Everard -Strang Construction
Dated 9/20/2018 and which is an integral part of the Bid Form.
The foilowing work will be performed (or provided) by Subconaactors and coordinated by us:
WORK SUBJECT NAME, ADDRESS, PHONE WhIBER
Site Work avrard-Strang Construction, 1703 3. DeYoung St., Marion, IL, (618-997-8997)
Concrete Work SpecCon Concrete Construction, 1703 3. DeYoung St., Marion, IL, (618-364-0701)
Plumbing work %fir_tie
Electrical Work J
GCIL W.
11
Spraygmnd
Building Svrard-Strang Construction, 1703 E. DeYoung St., Marion, IL, (618-997-8997)
Construction
END OF LIST OF SUBCONTRACTORS
LIST OF SUBCONTRACTORS 004336-1
r-,sqvd-S rec
mW` 003 BAST DRYOUNG STREET
MARION, ILLINOIS 61939
C; f7 Ckft 6� y W Qu"j O; j All
Sao S. 5-A 54mt
O0. Igor z2 61
Kv) Y2oo2- 226 7
QED ponmcxS
AOL Xe 2
Bid ppm; f/2ol2oi8 d z -00
RECEIVED
1 .1 1 ?018
t 1:: L_JEF
�'. Q rf-
0419&A
RECEIVED
SFP 2 a 2ml
A f Y CLERK
Ito PI)
Q$1L\
■■ BRANDSTETTER
CARROLL INC
NEWARCHITECTS. ENGINEERS. PLANNERS
October 1, 2018
2360 Chauvin Dr Mr. Mark Thompson, Director
LEXINGTON Paducah Parks and Recreation
40517
859.268.1933 1400 H.C. Mathis Dr.
85
FX: 859.268.3341 Paducah, Kentucky 42001
308 East 811 St RE: Health Park Phase 2 Contractor
CINCINNATI
OH 45202 Dear Mark,
513.651.4224
FX: 513.651.0147 We are hereby recommending the award of the contract for the Paducah Health Park
Phase 2 construction to Evrard-Strang Construction of Marion Illinois. Their base bid of
1220 west 6th St $515,000 was the lower of the two bids received and lower than the Architects
Suite 300 Estimate.
CLEVELAND
OH 44113 The work in their portfolio includes several schools and commercial buildings which are
216.241.4480 much more complex than this project. The sprayground contractor PSS has worked
FX: 216.736.7155 with our firm before on aquatic projects and we have found their work to be
acceptable. They are using sprayground equipment from Vortex, which was the basis
17300 Preston Rd of design for the plans and specifications. The other subcontractors include Murtco
Suite 310
DALLAS Plumbing any Electric wworked on ase anare very d Ja S hich both ked Ph1 d familiar with
TX 75252 the project
469.941.4926
FX: 469.941.4112 The Evrard Strang references checked out well.
Sincerely,
Brandstetter Carroll Inc.
Patrick D. Hoagland, ASLA
Principal
PDH/pdh
1703 EAST DEYOUNG STREET
MARION, ILLINOIS 62959
GENERAL CONTRACT SCHOOL
PROJECTS
0 Zadok Casey Middle School Gym Addition (Current)- $3,022,000
0 Bluford High School Addition (Current)- $6,045455
0 Goreville Elementary Gym Addition (Current)- $2,000,000
0 Meridian Elementary School (Current) -$7,400,000.00
0 Southern Illinois University -Woody Hall Renovations and Elevator Additions (2018)-
$11635,500.00
0 New Marion High School Phase 5 (2015)-$3,909,000.00
0 Crab Orchard Elementary School Addition (201.5)- $2,499,000.00
0 Southern Illinois University -Boardwalk (2014)-$3,405,589.00
0 New Marion High School Phase 4 (2014)-$5,152,986.00
0 John A Logan College -New Communications Building (2012)-$12,949,000.00
0 New Creal Springs PK -8 Facility (2012)-$10,460,000.00
0 Carterville Sports Complex (2010)-$6,170,000.00
0 Carterville High School Site Development (2010)-$2,046,950.00
0 Carterville Intermediate School Addition (2008)- $1,881,000.00
0 Shawnee Community College Medical Arts Facility (2009)-$6,966,000.00
JOHN A LOGAN COLLEGE -NEW
COMMUNICATIONS BUILDING
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grill
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CARTERVILLE HIGH SCHOOL
SPORTS COMPLEX
----------------
New Creal Springs PK -8 Facility
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GENERAL CONTRACT COMMERCIAL
PROJECTS
0 South Side Lumber -Herrin Design Center (2016)-$3,126,265.00
0 Krispy Kreme Doughnuts -Marion (2015)-$1,127,175.00
0 Franklin Park Pool- Metrolpolis (2015)-$723,011.00
0 Nissan of Marion -New Dealership (2014)-$3,786,477-00
0 Anna West Lindsey District Library (2010)-$2,125,484.00
0 Bank of Carbondale -Carterville Location (20o6)-$2,278,054.00
SOUTH SIDE LUMBER-HERRIN
DESIGN CENTER
KRISPY KREME DOUGHNUTS -
MARION
NISSAN OF MARION -NEW
DEALERSHIP
tea,,-
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gym,
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HEALTH CARE RELATED
PROJECTS
0 Marion VA Medical Center -New Mental Health RRTP (Current) -$2,839,000.00
0 Anna Rural Health Clinic (2015)-$1,526,000.00
0 Autumn Ridge New Assisted Living Facility (2012)- s6,000,000.00
0 New Vienna Ambulance and Fire Station (2009)- $430,000.00
0 Southern Illinois Urology Clinic (2008)-61,873,000.00
0 New Medicap Pharmacy Building, Anna, IL (2007)- $250,000.00
0 Marion Diagnostic Center, Marion IL (2oo6)- $7,444,000.00
0 Cobden Rural Health Clinic (2003)-x1,896,471.00
0 New Medicap Pharmacy Building, Marion, IL (2003)-s8o9,000.00
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ADDITION AND
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DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT PROJECTS
0 Paducah Public Housing Fire Partitions (Current)- $757,000
0 Paducah Public Housing Fire Damage Repair (Current)- $267,818
0 Housing Authority of the City of Mt. Vernon -Rose Lane Elevator Additions (Current) -
$3.1226,722.00
0 Williamson County Public Housing Upgrades (2o18)- $329,28o
0 Alexander County Housing Authority -F. Smith Building Exterior Renovations and Concrete
Repair (2o16) -$98o,000.00
0 Housing Authority of Franklin Country-Kuca High Rise EIFS Removal/Replacement-(2013)-
$300,000.00
0 Jackson County Housing Authority, Vacancy Reductions, Phase 2 (2013)-$1,474,882.00
0 Housing Authority of Franklin County-Kuca High Rise (2013)-$1,510,500.00
0 Housing Authority of Franklin County Phase 4 (2012)-$1,561,800.00
0 Housing Authority of Union County Parking Upgrades (2012)-$320,000.00
0 Williamson County Housing Authority Renovations 3 phases (2004)- $6,117,000.00
General Contract Government
And Industrial Projects
0 Metropolis Water Treatment Plant Improvements (Current)- $1,247,000
0 Massac County Courthouse Renovations (Current)- $874763
0 Jackson County Levee District-Degognia Fountian Bluff and Grand Tower Drainage (Current) -$2,800,000.00
0 Williamson County Courthouse -Third Floor (2016)-$1,938,080.00
0 Shawnee Mass Transit Vienna Facility (2015)-$3401,806.00
0 Williamson County Courthouse Lower Level (2015)-$3,781,360
0 Golconda Job Corp Renovations(2015)4678,850.00
0 Department of Fish & Wildlife -Crab Orchard Fire Building (2015)-$920744.00
0 General Dynamics SPP Relocation(2015)-$1,773,694.00
0 Seneca Mine -New Panline Building (2015)-$5,286,000.00
0 Office of County Engineering -C -Line Drainage Structures Union County (2012)-$1,484,440.00
0 Office of County Engineering -Gale Drainage Structures Alexander County (2012)-$2,650,000.00
0 Mach Mining -Maintenance Facility (2012)-$6,200,000.00
0 Hillsboro Energy -Deer Run Bathhouse and Offices (2011)- $9,81o,000.00
0 Hillsboro Energy -Deer Run Maintenance Bay (2011)-$2,673,000.00
0 Foresight Energy -South Belt Clean Coal Terminal (2011)-$8,560,000.00
0 Sugar Camp Offices and Shower House (2009)-$4,300,000.00
SHAWNEE MASS TRANSIT-
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Drainage Structures Union County
Office of CountyEngineering-Gale
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EXPERIENCE & PERSONNEL
0 Rodney Evrard (President)- Over 25 years of experience as superintendent/foreman and business owner.
Expertise in coordinating projects of all shapes and sizes from under a million to over 20 million dollars in
magnitude. Overseas all aspects of the business. Previously worked for Korte Company as General
Foreman on 10 million dollar 2nd floor addition expansion on the Herrin Hospital.
0 Jodie Evrard (Human Resources) -16 years of Human Resources experience. Responsible for payroll and
benefits administration for all employees; Involved in corporate strategy and decision making for all
company benefits, which include, Health, Dental, Vision, AD&D, Life, Flexible Spending & IRA. Responsible
for all employee relations; Maintained all regulatory compliance for safety and environmental activities.
0 Ric Barth (Project Manager)- Ric has over 10 years of experience in various areas of construction and
architectural management. He is responsible for project management as well as computer drafting and
technology management.
0 Zina Smith (Project Manager)- Zina has over 5 years of experience in Project Management and Estimating.
EXPERIENCE &PERSONNEL
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH BACON FARMER AND WORKMAN ENGINEERING & TESTING,
INC., FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN, CONSTRUCTION
DOCUMENTATION, LAND SURVEYING SERVICES AND PERMITTING ASSISTANCE
FOR THE PECK MEMORIAL AND OUTDOOR LEARNING AREAS LOCATED WITHIN
NOBLE PARK IN AN AMOUNT OF $36,320.00 AND AUTHORIZING THE
WITHDRAWAL OF FUNDS UP TO $250,000 AS NEEDED FROM THE COMMUNITY
FOUNDATION OF WEST KENTUCKY ACCOUNT ESTABLISHED BY LANE PECK FOR
THE NOBLE PARK PECK ADDITION PROJECT
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby approves an agreement with Bacon
Farmer and Workman Engineering & Testing, Inc., for professional landscape architectural
design, construction documentation, land surveying services and permitting assistance for the
Peck Memorial and Outdoor Learning Areas located within Noble Park in an amount of
$36,320.00 and authorizes the Mayor to execute an agreement for same.
SECTION 2. This expenditure shall be charged to the Noble Park Peck Donation
account number 40002401-523070, project number PA0108.
SECTION 3. That the City of Paducah hereby authorizes the Finance Director to
withdraw funds up to $250,000 as needed from the Community Foundation of West Kentucky
account which was established by Mr. Lane Peck for the purpose of funding the Noble Park Peck
Addition project.
SECTION 4. 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 5. The City Commission hereby finds and determines that all formal
actions relative to the adoption of this Ordinance 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 6. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, October 23, 2018
Adopted by the Board of Commissioners,
Recorded by Lindsay Parish, City Clerk,
Published by The Paducah Sun,
\ord\Parks\agree — Noble Park Peck Addition Design BFW — Community Foundation Account
BFWBACON I FARMER (WORKMAN
ENGINEERING 8 TESTING, INC.
October 15, 2018
RE: Peck Memorial Relocation, Noble Park — Proposal for Site Design Services
Mark H. Thompson, Director
City of Paducah, Parks and Recreation
1400 H.C. Mathis Drive
Paducah, KY 42001
mthompson(cr)paducahky.eov
Dear Mr. Thompson:
Bacon Farmer Workman Engineering & Testing, Inc. is pleased to be given the opportunity to submit a
proposal to you to perform landscape architectural design, construction documentation, and permitting
assistance for the relocation of the Peck memorial and outdoor learning areas located within Noble Park for
a lump -sum of $30,000.00. I have also included a lump -sum cost of $6,320.00 for land surveying services.
I ask that you please review the scope of work and deliverables below to ensure I have covered all necessary
items per our discussions. The scope of work to be provided is as follows:
Schematic Design/Design Development Phase: $10,500 (350/.)
• Project Kick-off/Initial design/Owner input meeting (1 meeting)
• Schematic Design concept development (including relocation of Peck monument)
o Schematic design review meeting (I meeting)
o Owner coordination
Construction Documents Phase:
$12,000 (40%)
Permitting Assistance:
o Kentucky Division of Water (DOW) permitting
o Archeological study coordination (by Others; fees not included in proposal)
o Wetlands Delineation study and coordination (by Others; fees not included in proposal)
Construction Documentation:
o Site demolition/tree removal/erosion control
o Tree protection/preservation plan
o Site design/landscape drawings
o Site/monument lighting layout — Marcum Engineering, LLC
o Prepare Project Manual/Specifications
o Construction document review meeting (I meeting)
500 South 17th Street
P.O. Box 120
Paducah, KY 42002-0120
Phone: (270) 443-1995
Fax: (270) 443-1904
1215 Diuguid Drive
Murray, KY 42071
Phone: (270) 753-7307
Fax: (270) 759-4950
966 Double Bridge Road
Phone: (931) 359-4882
Lewisburg, TN 37091
www.bfwengi neers.com
403 N. Court Street
Marion, IL 62959
Phone: (618) 993-6700
Phone: (618) 997-9190
Fax: (618) 993-6717
Bidding/Contract Negotiation Phase: $1,500 (5%)
• Bidding assistance
o Conduct Pre-bid meeting (as needed)
o Respond to Bidder questions/comments
o Produce Addenda items
Construction Administration Phase: $6,000 (20%)
• Conduct pre -construction meeting
• Conduct site observations/progress meetings (estimate 10 meetings)
o Prepare revision drawings/respond to questions
• Prepare As -built drawings
• Close-out project
* Land Surveying Services (Separate from site design and construction documentation): $6,320.00
• Obtain all topographic information.
o The area of this survey shall include a 50' wide corridor along the proposed field centerline
location, proposed outdoor classroom spaces and proposed parking areas.
o Random spot elevations within the survey area shall be obtained and a map prepared
showing contours at V intervals.
o Datum will be based on NAVD 88.
• Prepare a Topographic Survey drawing.
• Set permanent control, near the site in a location where it will not be disrupted by development.
• All drawings will be submitted with hard copies, pdf sand digital AutoCAD 2018 format.
Total
If you agree with the scope and proposed costs, please sign the attached services agreement and this
proposal on the lines provided below and return to me at PO Box 120, Paducah, KY 42003-0120 or feel
free to email a digital version to the email address below.
If you have any questions or need additional information, please feel free to call me at 270-443-1995 or e-
mail me at iperkinsnabfwengineers.com.
Sincerely,
Bac I Farmer I Workman Engineering &Testing, Inc.
Jona an E. Perkins, PLA, ASLA
Landscape Architect
Attachment: 1
BFWBACON I FARMER WORKMAN
_ wo�n�seixo a ncrma mc.
Authorization to Proceed:
Proposal Date — October 15, 2018
Peck Memorial Relocation, Noble Park — Proposal for Site Design Services
Mark H. Thompson, Director
City of Paducah, Parks and Recreation
Signature
Name (Printed)
Title
Date
BF
BACON I FARMER I WORKMAN
exmueearm a reenna, me.
`moi
PROFESSIONAL SERVICES AGREEMENT
PROJECT: BACON,
FARMER,
WORKMAN
ENGINEERING
& TESTING,
Peck Memorial Relocation - City of Paducah INC. JOB #: P17404
CLIENT: 1400 H.C. Mathis Drive
ADDRESS: Paducah, KY 42001
CONTACT: Mr. Mark Thompson, Director
TEL: 270-444-8696 FAX:
CONSULTANT: BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC.
ADDRESS: 500 S. 17' St Paducah, KY 42003
CONTACT: Jonathan E. Perkins TEL: 270-443-1995 FAX: 270-443-1904
PROJECT DESCRIPTION: Relocate existing Peck monument from Cairo Road location to park drive loop: Design new landscape areas to suit
relocated monument; Trail, outdoor classroom, native plant demonstration bed design; Site topographic survey.
❑ SCOPE OF SERVICES (See Attachment)
❑ SCHEDULE (See Attachment)
COMPENSATION:
ElLUMP SUM (Not to Exceed). Compensation for these services shall be a Lump Sum of $36,320-00.
❑ TIME AND MATERIALS. Billing will be hourly per our rate schedule. See attached proposal.
❑ BACON, FARMER, WORKMAN ENGINEERING & ❑ List of BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC.'s Direct Job Wages times a factor of _ TESTING, INC.'s Hourly Rates.
❑ COST PLUS FIXED FEE. Compensation for these services shall be BACON, FARMER, WORKMAN ENGINEERING & TESTING,
INC. Cost plus a fixed professional fee, including Reimbursable Expenses times a factor of plus Subconsultant Expenses
times a factor of and per BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. 's
attached Definitions. The estimated compensation for services is $ _ plus a fixed fee of $ for a total of $
Direct Job Wages or Hourly Rates for Time and Materials or Cost plus Fixed Fee contracts are subject to change to
reflect adjustments in BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. salary levels.
In the event services beyond those specified in the Scope of Services and not included in the compensation above are required, BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC. shall submit a fee estimate for such services and a contract modification shall
be negotiated and approved by the Client prior to any effort being expended on such services.
SCHEDULE OF PAYMENTS: BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. shall be paid monthly on the basis of
invoices submitted. These invoices will be for the portion of the agreed upon compensation earned by BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC. during that month. (Cost plus Fixed Fee will be for costs incurred during the invoice period plus the
portion of the agreed upon fixed fee earned by BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. during that month.
Lump Sum will be based on percent of effort completed as estimated by BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. ) BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. shall be paid for all invoices within 30 days of
submittal. In the event the Client disputes the invoice or any portion thereof, the undisputed portion shall be paid to BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC. based on contractual teens. Invoices not in dispute and unpaid after 30 days
shall accrue interest at the rate of one and one-half percent per month (or the maximum percentage allowed by law, whichever is the
lesser). See Standard Conditions for invoices unpaid after 60 days.
EXECUTION: Execution of this document by duly authorized representatives of BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. and Client, including BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC.'s Standard Conditions (reverse
side) and any attachments, Additional Provisions as indicated, and addenda, represents the entire Agreement between the parties
hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended
or modified by written instrument, but such instrument is valid only upon signature by both parties. Neither BACON, FARMER,
WORKMAN ENGINEERING & TESTING, INC. nor Client shall assign, transfer, or encumber any rights, duties, or interests accruing
from this Agreement without the express prior written consent of the other.
CLIENT: City of Paducah, Kentucky
BY: Mark Thompson
SIGNATURE:
TITLE: Director of Parks and Recreation
DATE:
CONSULTANT: Bacon, Farmer, Workman Engineering & Testing, Inc
BY: Jona ray Perkins, PLA, ASLA
SIGNATURE: A —
TITLE: Landscape Architect
DATE: 10/15/2018
BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. STANDARD
CONDITIONS
1. SERVICES. BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. shall provide professional services in accordance with
the agreed upon scope of work.
2. EXECUTION. This Agreement becomes effective upon
signatures by authorized representatives of the Client and BACON.
FARMER, WORKMAN ENGINEERING & TESTING, INC. and upon
receipt by BACON, FARMER, WORKMAN ENGINEERING & TESTING,
INC. of a signed original or facsimile transmittal. If facsimile
transmittal Is initially sent to BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC. , Client will provide BACON.
FARMER, WORKMAN ENGINEERING & TESTING, INC. with a signed
original for record as soon as practicable.
S. INITIATION. BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. is authorized to proceed with services upon receipt of
an executed Agreement or written Notice to Proceed.
4. COMPLETION/TERMINATION. This Agreement shall remain in
force until completion and acceptance of the services or until
terminated by mutual agreement. This contract may be terminated by
the Client and/or BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. upon 10 days written notice. In the event of such
termination, BACON. FARMER, WORKMAN ENGINEERING &
TESTING, INC. will be paid the portion of the compensation (and fixed
fee, if applicable) for services performed in accordance with the scope of
services under the terms of this Agreement to the date of termination
together with all costs arising out of such termination.
Continuing Service Agreements shall be reviewed annually for rates and
shall remain in force until terminated in writing by either party, or
otherwise stipulated contractually.
S. STANDARD OF CARE. Services provided by BACON, FARMER.
WORKMAN ENGINEERING & TESTING, INC. under this Agreement
will be performed in a manner consistent with that degree of care and
skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances. BACON, FARMER,
WORKMAN ENGINEERING & TESTING, INC. makes no warranty or
guaranty, either express or implied.
6. INDEPENDENT CONSULTANT. BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC. is and shall be at all times during the
term of this Agreement an independent consultant and not an employee
or agent of the Client.
Y. COMPLIANCE WITH LAWS. BACON, FARMER. WORKMAN
ENGINEERING & TESTING. INC. will endeavor to comply with Federal,
State, and local laws and ordinances applicable to the services to be
provided under this Agreement.
S. COLLECTION COSTS. In the event legal action is necessary to
enforce the payment provisions of this Agreement if Client fails to make
payment within sixty (60) days of the invoice date, BACON. FARMER,
WORKMAN ENGINEERING &TESTING. INC. shall be entitled to collect
from the Client any judgment or settlement sums due, reasonable
attorneys' fees, court costs and expenses incurred by BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC. in connection
therewith and, in addition, the reasonable value of BACON. FARMER,
WORKMAN ENGINEERING & TESTING, INC. 's time and expenses
spent in connection with such collection action, computed at BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC.'s prevailing fee
schedule and expense policies.
9. OWNERSHIP OF DOCUMENTS. Drawings, specifications,
reports, programs, manuals, or other documents, including all
documents on electronic media, prepared under this Agreement are
instruments of service and are, and shall remain, the property of
BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. .
BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. will
retain all common law, statutory, and other reserved rights, including
the copyright thereto. BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. shall not be held liable for reuse of documents or
modifications thereof by the Client or Its representatives for any
purpose other than the original intent of this Agreement, without
written authorization of and appropriate compensation to BACON,
FARMER, WORKMAN ENGINEERING &TESTING, INC..
10. SITE VISITS/OBSERVATION. If included in the Scope of Work,
BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. shall
visit the project and/or construction site at appropriate intervals to
become generally familiar with the progress, quality of work
(contractors' work), and to determine if the work is proceeding in
genera] accordance with the Contract Documents. Visits to the project
site and observations made by BACON, FARMER, WORKMAN
ENGINEERING & TESTING. INC. as part of services during
construction under Agreement shall not make BACON, FARMER,
WORKMAN ENGINEERING & TESTING, INC. responsible for, net
relieve the construction contractorls) of the obligation to conduct
comprehensive monitoring of the work sufficient to ensure conformance
with the intent of the Contract Documents, and shall not make BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC. responsible
for, nor relieve the construction contractor(s) of the full responsibility
for all construction means, methods, techniques, sequences, and
procedures necessary for coordinating and completing all portions of
the work under the construction contract(s) and for all safety
precautions incidental thereto.
11. EQUAL OPPORTUNITY EMPLOYMENT. BACON, FARMER,
WORKMAN ENGINEERING & TESTING, INC. will comply with federal
regulations pertaining to Equal Opportunity Employment. BACON,
FARMER, WORKMAN ENGINEERING & TESTING, INC. is in
compliance with applicable local, state, and federal regulations
concerning minority hiring. It is BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC.'s policy to ensure that applicants and
employees me treated equally without regard to race, creed, sex, age,
color, religion, veteran status, ancestry, citizenship status, national
origin, marital status, sexual orientation, or disability. BACON.
FARMER, WORKMAN ENGINEERING & TESTING, INC. expressly
assures all employees, applicants for employment, and the community
of its continuous commitment to equal opportunity and fair
employment practices.
BACON, FARMER, WORKMAN ENGINEERING & TESTING, INC. 's
equal opportunity employment policy applies to all phases of
employment, including recruiting, hiring, job assignment, supervision,
training, upgrading, transfer, compensation, benefits, promotion,
education, recreation, layoff and termination.
12.INSURANCE. BACON, FARMER, WORKMAN ENGINEERING
& TESTING, INC. will provide a certificate of insurance upon
request.
13. INDEMNIFICATION/HOLD HARMLESS. BACON. FARMER,
WORKMAN ENGINEERING & TESTING, INC. shall indemnity and hold
harmless the Client and Its employees from any liability, settlements,
loss, or costs (including reasonable attorneys' fees and costs of defense)
to the extent caused by BACON, FARMER, WORKMAN ENGINEERING
& TESTING. INC. 's negligent acts, errors, or omissions in services
provided pursuant to this Agreement. Provided, however, that if any
such liability, settlements, loss, or costs result from the concurrent
mgjigence of BACON. FARMER, WORKMAN ENGINEERING &
TESTING, INC. and the Client, this indemniffcatiun applies only to the
extent of the negligence of BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC..
14. LIMITATION OF LIABILITY. In recognition of the relative risks
and benefits of the project to both the Client and BACON, FARMER,
WORKMAN ENGINEERING & TESTING. INC. , the risks have been
allocated such that the Client agrees, to the fullest extent permitted by
law, to limit the liability of BACON, FARMER, WORKMAN
ENGINEERING & TESTING, INC. and its subconsultants to the Client
and to all construction contractors and subcontractors on the project
for any and all claims, losses, costs, damages of any nature whatsoever
or claims expenses from any cause or causes, so that the total
aggregate liability of BACON, FARMER, WORKMAN ENGINEERING &
TESTING, INC. and Its subconsultants to all those named shall not
exceed $50,000 or the amount of BACON, FARMER, WORKMAN
ENGINEERING & TESTING. INC. 's total fee paid by the Client for
services under this Agreement, whichever is the greater. Such claims
and causes include, but are not limited to negligence, professional
errors or omissions, strict liability, breach of contract or warranty.
15. DISPUTES. Any action for claims arising out of or relating to
this Agreement and/or respective services shall be governed by the laws
of the State of Kentucky. Venue shall be in McCracken County Circuit
Court. Mediation is an express condition precedent to the filing of any
legal action. Unless the parties agree otherwise, the mediation shall be
conducted pursuant to the Construction Mediation Rules of the
American Arbitration Association.
16. ATTORNEY FEES. Should there be any suit or action instituted
to enforce any right granted in this contract, the substantially
prevailing party shall be entitled to recover its casts, disbursements
and reasonable attorney fees from the other party. The party who is
awarded a net recovery against the other shall be deemed the
substantially prevailing party unless such other party has previously
made a bona fide offer of payment in settlement and the amount of
recovery Is the same or less than the amount offered in settlement.
Reasonable attorney fees may be recovered regardless of the foram in
witch the dispute is heard, including an appeal.
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Peck Addition Noble Park
SCHEMATIC Landscape Planting & Mulching Estimate of Probable Cost
Noble Park, Paducah, Kentucky [$300K Bine[ North Side
Updated: 08/2412018 -
29
SFW# P17404
v4.1
Note:
This document is an estimate of probable construction cost. FEW Engineering & Testing, Inc., has no control over the cost of labor, materials, or equipment, or over the
Contractor's method for determining prices, or over the local market conditions. This estimate of probable cost is based on past experience and represents BFW
Engineering & Testing, Ines best judgement. BFW Engineering & Testing, Inc. can not guarantee that proposals, bids, or the actual construction cost will not vary from
this estimate.
Erosion Control Systems (Silt Control fencing, Check dams)
$3,000.00
LS
0.5
$1,500.00
Install Salvaged Downed/Felled Tree
$1,200.00
LS
1.0
$1,200.00
Remove Existing Trees/Clem and Grub Woods
$4,000.00
LS
0.5
$2,000.00
Topsoil - Strip and Stockpile -
$12.00
CY
50.0
$600.00
Topsoil - Spread from Soc Ile to RoughFinish Grade 6"
$15.00
CY
200.0
$3,000.00
Subtotal:
$8, 300.00
Overhead Pergola Structures (Steel Tubes with Wood)
$20,000.00
LS
1.07-_$64000.
0
Information Kiosk/Trailhead Structure
$3,000.00
Each
1.000
Interpretive Signage - Large Graphics with 2 Posts
$1,500.00
Each
2.00
Interpretive Signage - Tree Identification Signage
$100.00
Each
20.00
Pre-engineered Picnic/Classroom Shelter
$15,000.00
Each
2.00
Creek Overlook Deck Structure
$6,000.00
Each
1.00
Subtotal:
0
/
Quantity:'Subt
Shade Trees (2.5" Caliper)
$475.00
Each
10.0
$4,750.00
Ornamental Trees/Large Shrubs (T-8' Min., Multi -stern)
$250.00
Each
12.0
$3,000.00
Shrubs (Spaced 3 -fret on -center)
$65.00
Each
100.0
$6,500.00
Perennials/Grasses/Groundcovers (4" Pots)
$6.00
Each
4000.0
$24,000.00
Raised Garden Beds (18" Timber frames [10'x10'] & Planting Sods)
$125.00
Each
20.0
$2,500.00
Spreading City of Paducah Compost/Mulch (hand -placed C& 34" dee
$25.00
CY
119.6
$2,990.83
Subtotal.
$43,740.83
Quanti(v:
Subtotal:
Standard Duty Asphalt Subgrade (6" DGA)
$30.00
Ton
111.1
$3,333.33
Standard Duty Asphalt Base (2.5")
$90.00
Ton
46.7
$4,200.00
Standard Duty Asphalt Surface (1.5")
$100.00
Ton
27.8
$2,777.78
Colored Concrete Labyrinth (Multiple Colors)
$75.00
SY
266.0
$19,950.00
Crushed Limestone Surface Course (4")
$7.00
SY
2376.0
$16,632.00
Standard Duty Aggregate Base (6" DGA)
$30.00
Ton
475.2
$14,256.00
River Cobbles Mulch (4"-8" dim. @ 6" Deep)
$150.00
CY
21.7
$3,250.00
Dry Streambed/Water Feature - Stone lined w/ EPDM Liner (390 LF)
$8,500.00
LS
0.0
$0.00
Natural Boulders - Various Sizes (200-400 lbs on Avg.)
$180.00
Each
30.0
$5,400.00
8' -Wide Boardwalk on Helical Piers (Segment at Nature Trail
$170.00
LF
65.0
$11,050.00
Subtotal:
$80,849.11
HEP PricelUnit: unit., Quantitv:
Pedestrian/Pathway Pole -mounted Lights (Paducah P+R Standard, 1-2 per "node") $3,000.00 Each 5.0
Subtotal:
$15,000.00
Cold Water Piping $20.000 LF 300.0
$6,000.00
Frost -proof water hdrant/s igot-hose water $1,50.00 Each 2.0
$3,fwjoli
Subtotal:
$24_000.00
FurnishingslOutdoor Kitchen
Plicelunit:
Unit:
Quantity:Site
Trash Receptacle - Generic(Vinyl-coated Expanded Metal)
$600.00Each
3.0
$1,800.00
Concrete Garden Bench (Belson)
$925.00
Each
10.0
$9,250.00
Picnic Tables - Generic (Vinyl -coated Expanded Metal)
$900.00
Each
8.0
$7,200.00
Fixed Shade Canopy Tension (Fabric) Structures (Approx. 30'x30')
$15,000.00
Each
1.0
$15,000.00
Concrete Footing for Tension Structures
$400.00
Each
4.0
$1,600.00
Subtotal:
$34,850.00
Total: $255,739.94
Grand Total Cost: $255731:9#�
Site Developmant/Landscape $215,139.94
Site Survey North/Levee -side of road ONLY $4,000.00
KY Division ufWater Permitting IArchaelo ical Study/ Wetlands Delineation $15,000.00
A/E Fee: 1 0.12 $30,688.79
Site Developrrent/Landscape & A/E Fee/Additional Services & Permitting: $305,428.74
Note:
This document is an estimate of probable construction cost. FEW Engineering & Testing, Inc., has no control over the cost of labor, materials, or equipment, or over the
Contractor's method for determining prices, or over the local market conditions. This estimate of probable cost is based on past experience and represents BFW
Engineering & Testing, Ines best judgement. BFW Engineering & Testing, Inc. can not guarantee that proposals, bids, or the actual construction cost will not vary from
this estimate.
Mark Thompson
From: Tony Watkins <tjwatkins5l @aol.com >
Sent: Friday, November 10, 2017 12:43 PM
To: Mark Thompson
Subject: J. Lane Peck - Noble Park Project
Mark,
I've been out of town most of the week and in Murray today.
Let's touch base Monday. I pledged to Lane that we would either complete the project
or run out of the available funding. I will get you, John and whomever what they need to
get this project moving again financially toward completion.
Tony Watkins
Community Foundation of West Kentucky, Inc.
P.O. Box 7
Paducah, KY 42002
270-442-8622 - office
270-205-0151 - cell
Like us on Facebook !
Visit our web page at cfwestky.ora
1
214580
ORDINANCE NO. 2018 ❑ 10 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING
CORRECTIVE TRANSFERS OF REAL PROPERTY AND INTERESTS IN
REAL PROPERTY AMONG THE CITY OF PADUCAH, THE PADUCAH
MCCRACKEN COUNTY CONVENTION CENTER CORPORATION, JIM
SMITH CONTRACTING COMPANY, LLC, PADUCAH RIVERFRONT
HOTEL, LP, AND INDEPENDENCE BANK WITH RESPECT TO THE
DEVELOPMENT OF THE PADUCAH RIVERFRONT, A PUBLIC PROJECT;
AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS TO
EFFECTUATE SAME
WHEREAS, the Board of Commissioners of the City of Paducah, Kentucky, have
determined that it is necessary, appropriate, and in the best interest of the City to generate,
revitalize, improve and generally enhance the Paducah Riverfront, a public project; and
WHEREAS, the City Ri ❑$ DCNF1KID 1 Q�N EERLWUTFbwns some, but not all, of the
[Paducah Riverfront Property LLL which real property is generally situated North of the Paducah
floodwall between Madison and Campbell Streets; and
WHEREAS, the Paducah -McCracken County Convention Center Corporation
[PM&&&awns some, but not all, of the Paducah Riverfront Property upon which the PMCCC
owns, operates and manages a publically owned convention and expo center, generally known as
the Paducah McCracken County Convention and ( LS nd Expo
&HN&Mamd
WHEREAS, it has always been the intention of City and PMCCC, that PMCCC would
own that portion of the Paducah Riverfront Property upon which the Convention and Expo
Center is situated and that the City would own the remainder of the Paducah Riverfront Property;
and
WHEREAS, the City is also the owner of certain real property situated along and near
North 4h Street and Executive Boulevard adjacent to the Convention and Expo Center, which
real property has been leased to Paducah Riverfront Hotel, LP, OKLL5 IYHILRQJV'RVdDlilrfor the
development and construction and subsequent management and operation of an upscale brand
hotel DQGSEUQ MX)UHJIM RW QUvASLI]ROM 4Q DCiTIK5 I)1iRRQNEDQG❑
WHEREAS, the development, construction, and equipping of the Holiday Inn Paducah
Riverfront was financed through that certain Industrial Building Revenue Bonds, Series 2015, in
the aggregate principal amount of up to $12,000,000 =RQCV-❑issued by the City and purchased
RQ11 RITP EFI FTE=7B WaB IDDQ\IO fQMN DCR=1<ffK DRQCUare secured
by certain Open -End Leasehold Mortgage, Security Agreement, Assignment and Agreement as
to Real Estate Matters dated as of November 1, encumbering and pledging the 5 EVFUU�QKR)1dW
leasehold interest in the Holiday Inn Paducah Riverfront; ❑and
WHEREAS, Jim Smith Contracting Company, LLC IKH78M SEQ, his the owner of
certain real property located North of 6th Street between Park Avenue and Campbell Street and
adjacent to the Paducah Riverfront Property; and
WHEREAS, the predecessors to the Company and City have previously exchanged real
property for purposes of the improvement and extension of Campbell Street and Park Avenue,
which right of ways are maintained and controlled by City; and
WHEREAS, the boundaries of the Paducah Riverfront Property have been surveyed and
re-established by Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in
Plat Section M, page 1260, and Waiver of Subdivision Plat for Midwest Terminal of record in
Plat Section M, Page 1261, all in the McCracken County &OLS IIHU7DQG
WHEREAS, the aforesaid survey and Subdivision Plats have uncovered certain
mistakes in previous conveyances between City and PMCCC, City and Company, City and
Riverfront Hotel, and City and the Lender which fail to meet the intentions of the parties; and
WHEREAS, it is the desire among City, PMCCC, Riverfront Hotels, the Company, and
the Lender to correct these errors through the execution and delivery of various quitclaims deeds,
deeds of clarification, first amendments to leases, and modifications to security agreement so that
record ownership of the Paducah Riverfront Property shall be in conformity with the intention of
the parties as depicted on the aforesaid Subdivision Plats; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby approves the following
corrective transfers of real property and documents in substantially the form attached hereto as
Exhibits Al throw and made part hereof:
EXHIBIT
DOCUMENT
GRANTOR
GRANTEE
PROPERTY
A-1
Quitclaim Deed
PMCCC
City
Tract 3A of
M-1260
A-2
Quitclaim Deed
PMCCC
City
Tract 4 of
M-1260
A-3
Deed of
City
City
Tract 1 of
Clarification
M-1260
A-4
Deed of
City
City
Tract 3B of
Clarification
M-1260
A-5
Quitclaim Deed
City
PMCCC
Tract 2 of
M-1260
A-6
Quitclaim Deed
PMCCC
City
Tract 6 of
M-1261
A-7
Deed of
Company
City
Tract 3,6,7 of
Conveyance
M-1261
EXHIBIT
DOCUMENT
LESSEE/TENANT
LESSOR/LANDLORD
PROPERTY
A-8
First
Riverfront Hotel
City
Tract A & B
Amendment to
and City
Bank
of M-1260
Parking Site
Lease
A-9
First
Riverfront Hotel
City
Tract A of
Amendment to
and City
Bank
M-1260
Agreement of
Lease
EXHIBIT
DOCUMENT
MORTGAGOR
MORTGAGEE
PROPERTY
A-10
Modification of
Riverfront Hotel
Independence
Tract B of
Open -End
and City
Bank
M-1260
Leasehold
Mortgage
A-11
Modification of
Riverfront Hotel
Independence
Tract A of
Open -End
and City
Bank
M-1260
Leasehold
Mortgage
A-12
Modification of
Riverfront Hotel
Independence
Tract A of
Assignment of
Bank
M-1260
Rents and Leases
It is further determined that it is necessary and desirable and in the best interest of the City to
enter into these corrective property transfers and documents for the purposes therein specified,
and the execution and delivery of each of the property transfers and documents as described
herein is hereby authorized and approved. The Mayor is hereby authorized to execute each of
the corrective property transfers and documents as described here with such changes 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. The approval of such changes by said
official, and that such are not substantially adverse to the City, shall be conclusively evidenced
by the execution of the aforesaid transfers and documents. Further, the City hereby ratifies the
Mayor1� execution of the Waiver of Subdivision Plat for the City of Paducah recorded in Plat
Section CABM, Page 126 .
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 Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance 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 Ordinance 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 Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
Mayor Brandi Harless
ATTEST:
City Clerk, Lindsay Parish
Introduced by the Board of Commissioners , 2018
Adopted by the Board of Commissioners , 2018
Recorded by Lindsay Parish, City Clerk, , 2018
Published by The Paducah Sun, , 2018
ORD\ENG\Transfer Riverfront Property Pursuant to Survey
Denton Law Firm, PLLC
EXHIBIT A-1
QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 3A OF M-1260
See attachment.
It is the intent of the Grantee to hold the title to the herein described real property
in fee simple.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns,
forever.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is:
$120,000.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
Paducah McCracken County Convention City of Paducah, Kentucky
Center Corporation
Title:
STATE OF KENTUCKY )
) SS
COUNTY OF McCRACKEN )
Title:
The foregoing instrument was sworn to and acknowledged before me this day of
2018, by ,
(title) of Paducah McCracken County Convention Center Corporation, a
non-profit Kentucky corporation, on behalf of said corporation, Grantor..
My commission expires:
Notary Public, State at Large
Notary ID #
STATE OF KENTUCKY
) SS
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged before me this day
of , 2018, by ,
(title) of City of Paducah, Kentucky, a municipal corporation of the
Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said
entity, Grantee.
My commission expires:
Notary Public, State at Large
Notary ID #
This instrument prepared by:
Paducah, KY 42002-0969
(270) 450-8253
212726
Send current year tax bill to:
City of Paducah
P O Box 2267
Paducah, KY 42002-2267
EXHIBIT A-2
QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 4 OF M-1260
See attachment.
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and entered into this day of
2018, by and between THE PADUCAH McCRACKEN COUNTY
CONVENTION CENTER CORPORATION, a non-profit Kentucky Corporation with its
principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter,
"Grantor") and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home
Rule class existing under the laws of the Commonwealth of Kentucky, of P O Box 2267,
Paducah, Kentucky 42002-2267 (hereinafter "Grantee").
WITNESSETH
THAT FOR AND IN CONSIDERATION of One Dollar and No/100 ($1.00) and other
good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby
remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its
successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following -
described real estate, together with all improvements, appurtenances and rights thereunto
belonging, situated in McCracken County, Kentucky, to -wit:
Being Tract 4, consisting of 4.753 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to Paducah -McCracken County
Convention Center Corporation, by deed dated April 14, 2005, of record in Deed
Book 1064, page 565, deed dated April 12, 2005, of record in Deed Book 1064,
page 561, McCracken County Court Clerk's Office.
It is the intent of the Grantee to hold the title to the herein described real property
in fee simple.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns,
forever.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is:
$304,000.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
Paducah McCracken County Convention City of Paducah, Kentucky
Center Corporation
IN
Title: Title:
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged before me this day of
, 2018, by ,
(title) of Paducah McCracken County Convention Center Corporation, a
non-profit Kentucky corporation, on behalf of said corporation, Grantor.
My commission expires:
Notary Public, State at Large
Notary ID #
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged before me this day
of 2018, by ,
(title) of City of Paducah, Kentucky, a municipal corporation of the
Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said
entity, Grantee.
My commission expires:
Notary Public, State at Large
Notary ID #
This instrument prepared by:
IRM, PLLC
• •I ; e Sulu,
Paducah, KY 42002-0969
(270) 450-8253
212732
Send current year tax bill to:
City of Paducah
P O Box 2267
Paducah, KY 42002-2267
EXHIBIT A-3
CITY DEED OF CLARIFICATION FOR TRACT 1 OF M-1260
See attachment.
DEED OF CLARIFICATION
THIS DEED OF CLARIFICATION made and entered into this the day
of , 2018, by and between CITY OF PADUCAH, KENTUCKY, a
municipal corporation of the Home Rule class, duly organized and existing under the laws of the
Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, the Grantor,
and LISA H. EMMONS, as Trustee for the purposes hereinafter set out, of 555 Jefferson Street,
Suite 301, Paducah, KY 42001, Grantee;
WITNESSETH:
WHEREAS, City of Paducah acquired certain parcels of real estate by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35, and Deed Book 1181, page 40, in the
McCracken County Court Clerk's Office; and
WHEREAS, the boundaries of said parcels have been re-established by a Waiver
of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office; and
WHEREAS, the Grantor desires to clarify the description and ownership as to the
herein described real property; and
NOW, THEREFORE, in order to carry out such desire of the Grantor and in
consideration of the Grantor's desire that such be done and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and for purposes of
clarifying ownership in and to the following described property, the Grantor hereby bargains,
sells and conveys unto the Grantee as Trustee in fee simple (for the purpose of executing a deed
back to City of Paducah, Kentucky, its successors and assigns forever, together with all
improvements, appurtenances and rights thereunto belonging) the following described property
lying and being in McCracken County, Kentucky and more particularly described as follows:
Being Tract 1, consisting of 14.734 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181,
page 40, McCracken County Court Clerk's Office. City of Paducah, Kentucky,
claims title, subject to the right of use by others, to the thread of the Ohio River as set
forth on Plat Section M, page 516, aforesaid clerk's office.
TO HAVE AND TO HOLD the above described property together with all of the
rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, as
Trustee for the purposes above described, with Covenant of Special Warranty of title, except
easements, covenants and restrictions of record.
AND
THIS DEED OF CONVEYANCE made and entered into this the day of
2018, by and between Lisa H. Emmons, as Trustee for the
purpose hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, the Grantor,
and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly
organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267,
Paducah, Kentucky 42002-2267, Grantee;
WITNESSETH:
WHEREAS, by a deed of conveyance heretofore executed from City of Paducah,
2
Kentucky, as Grantor, the herein described property was conveyed to Lisa H. Emmons as
Trustee, for the purpose of executing a deed back to Grantee, in order to clarify the description
and ownership of the property described herein; and
WHEREAS, the Grantor herein desires to fulfill said trust and do all acts
necessary therefore;
NOW, THEREFORE, in consideration of the foregoing facts and in and for
purposes of clarifying the description and ownership in and to the following described property,
the Grantor herein hereby bargains, sells and conveys unto the Grantee herein, its successors and
assigns forever, the following described property lying and being in McCracken County,
Kentucky, with all improvements, appurtenances and rights thereunto belonging, and more
particularly described as follows:
Being Tract 1, consisting of 14.734 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181,
page 40, McCracken County Court Clerk's Office. City of Paducah, Kentucky,
claims title, subject to the right of use by others, to the thread of the Ohio River as set
forth on Plat Section M, page 516, aforesaid clerk's office.
It is the intent of the Grantee to hold the title to the herein described real property in
fee simple.
TO HAVE AND TO HOLD the above described real property together with all
of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee,
its successors and assigns forever, with covenant of Special Warranty, except easements,
covenants and restrictions of record.
Grantors and Grantees hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is: $943,000.00.
IN WITNESS WHEREOF, all of the parties to these two deeds of conveyance have
hereunto set their hands on this the date first above written.
CITY OF PADUCAH, KENTUCKY (Grantor)
LISA H. EMMONS, as TRUSTEE, Grantor
TITLE:
CITY OF PADUCAH, KENTUCKY (Grantee)
mm
LISA H. EMMONS, as TRUSTEE, Grantee
TITLE:
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this
day of , 2018, by ,
(title) of the City Paducah, Kentucky, a municipal corporation of the
Home Rule class, on behalf of said entity, Grantor and Grantee.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
2
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this _
day of , 2018, by Lisa H. Emmons, as Trustee, Grantee and Grantor.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
This Insfrunitpit prepared by:
DEN` OX--EA-W FIRM, PLLC
P. O. Box 969
Paducah, KY 42002-0969
212719
Send current tax bill to:
City of Paducah, Kentucky
P O Box 2267
Paducah, KY 42002-2267
EXHIBIT A-4
CITY DEED OF CLARIFICATION FOR TRACT 313 OF M-1260
See attachment.
DEED OF CLARIFICATION
THIS DEED OF CLARIFICATION made and entered into this the day
of , 2018, by and between CITY OF PADUCAH, KENTUCKY, a
municipal corporation of the Home Rule class, duly organized and existing under the laws of the
Commonwealth of Kentucky, of P.O. Box 2267, Paducah, Kentucky 42002-2267, the Grantor,
and LISA H. EMMONS, as Trustee for the purposes hereinafter set out, of 555 Jefferson Street,
Suite 301, Paducah, KY 42001, Grantee;
WITNESSETH:
WHEREAS, City of Paducah acquired certain parcels of real estate by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35, and Deed Book 1181, page 40, in the
McCracken County Court Clerk's Office; and
WHEREAS, the boundaries of said parcels have been re-established by a Waiver
of Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office; and
WHEREAS, the Grantor claims title to the herein described property and desires
to clarify the description and ownership as to the herein described real property; and
NOW, THEREFORE, in order to carry out such desire of the Grantor and in
consideration of the Grantor's desire that such be done and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and for purposes of
clarifying the description and ownership in and to the following described property, the Grantor
hereby bargains, sells and conveys unto the Grantee as Trustee in fee simple (for the purpose of
executing a deed back to City of Paducah, Kentucky, its successors and assigns forever, together
with all improvements, appurtenances and rights thereunto belonging) the following described
property lying and being in McCracken County, Kentucky and more particularly described as
follows:
Being Tract 313, consisting of 0.860 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181,
page 40, McCracken County Court Clerk's Office.
TO HAVE AND TO HOLD the above described property together with all of the
rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee, as
Trustee for the purposes above described, with Covenant of Special Warranty of title, except
easements, covenants and restrictions of record.
AND
THIS DEED OF CONVEYANCE made and entered into this the day of
2018, by and between Lisa H. Emmons, as Trustee for the
purpose hereinafter set out, of 555 Jefferson Street, Suite 301, Paducah, KY 42001, the Grantor,
and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home Rule class, duly
organized and existing under the laws of the Commonwealth of Kentucky, of P.O. Box 2267,
Paducah, Kentucky 42002-2267, Grantee;
0
WITNESSETH:
WHEREAS, by a deed of conveyance heretofore executed from City of Paducah,
Kentucky, as Grantor, the herein described property was conveyed to Lisa H. Emmons as
Trustee, for the purpose of executing a deed back to Grantee, in order to clarify the description
and ownership of the property described herein; and
WHEREAS, the Grantor herein desires to fulfill said trust and do all acts
necessary therefore;
NOW, THEREFORE, in consideration of the foregoing facts and in and for
purposes of clarifying the description and ownership in and to the following described property,
the Grantor herein hereby bargains, sells and conveys unto the Grantee herein, its successors and
assigns forever, the following described property lying and being in McCracken County,
Kentucky, with all improvements, appurtenances and rights thereunto belonging and more
particularly described as follows:
Being Tract 313, consisting of 0.860 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to City of Paducah, Kentucky, by deeds dated
December 23, 2009, of record in Deed Book 1181, page 35 and Deed Book 1181,
page 40, McCracken County Court Clerk's Office.
It is the intent of the Grantee to hold title to the herein described real property in fee
simple.
TO HAVE AND TO HOLD the above described real property together with all
of the rights, privileges, appurtenances and improvements thereunto belonging unto the Grantee,
its successors and assigns forever, with covenant of Special Warranty, except easements,
covenants and restrictions of record.
Grantors and Grantees hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is: $55,000.00.
IN WITNESS WHEREOF, all of the parties to these two deeds of conveyance have
hereunto set their hands on this the date first above written.
CITY OF PADUCAH, KENTUCKY (Grantor)
LISA H. EMMONS, as TRUSTEE, Grantor
TITLE:
CITY OF PADUCAH, KENTUCKY (Grantee)
MM
LISA H. EMMONS, as TRUSTEE, Grantee
TITLE:
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this
day of , 2018, by ,
(title) of the City Paducah, Kentucky, a municipal corporation of the
Home Rule class, on behalf of said entity, Grantor and Grantee.
My commission expires
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
M
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this _
day of , 2018, by Lisa H. Emmons, as Trustee, Grantee and Grantor.
My commission expires
This iiistyument prepared by:
DEN VUK I A� FIRM, PLLC
P. O. Box 969
Paducah, KY 42002-0969
212724
Send current tax bill to:
City of Paducah, Kentucky
P O Box 2267
Paducah, KY 42002-2267
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
5
EXHIBIT A-5
QUITCLAIM DEED FROM CITY TO PMCCC FOR TRACT 2 OF M-1260
See attachment.
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and entered into this day of
2018, by and between CITY OF PADUCAH, KENTUCKY, a municipal
corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky,
of P O Box 2267, Paducah, Kentucky 42002-2267 (hereinafter, "Grantor") and THE
PADUCAH McCRACKEN COUNTY CONVENTION CENTER CORPORATION, a non-
profit Kentucky Corporation with its principal place of business located at 128 Broadway,
Paducah, Kentucky 42001 (hereinafter "Grantee").
WITNESSETH
WHEREAS, the Grantor owns some, but not all, of that certain parcel of land identified
as Tract 2 on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in
Plat Section M, page 1260, McCracken County Court Clerk's Office; and
WHEREAS, the Grantee owns some, but not all, of that certain parcel of land identified
as Tract 2 on the Waiver of Subdivision Plat for Julian Carroll Convention Center, of record in
Plat Section M, page 1260, McCracken County Court Clerk's Office; and
WHEREAS, it is the desire of the Grantor to convey to the Grantee any interest it may
possess in and to said Tract 2.
y r
NOW, THEREFORE, in and for the consideration of One Dollar and No/100 ($1.00) and
other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby
remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its
successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following -
described real estate, together with all improvements, appurtenances and rights thereunto
belonging, situated in McCracken County, Kentucky, to -wit:
Being Tract 2, consisting of 9.236 acres, as depicted on the Waiver of Subdivision
Plat for Julian Carroll Convention Center of record in Plat Section M, page 1260,
McCracken County Court Clerk's Office.
Being part of same property conveyed to Paducah -McCracken County
Convention Center Corporation, by deed dated April 14, 2005, of record in Deed
Book 1064, page 565, deed dated April 12, 2005, of record in Deed Book 1064,
page 561, and deed dated December 15, 2010, of record in Deed Book 1203, page
240, McCracken County Court Clerk's Office. Also being a part of the same
property conveyed to City of Paducah, Kentucky, by deeds dated December 23,
2009, of record in Deed Book 1181, page 35 and Deed Book 1181, page 40,
McCracken County Court Clerk's Office.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns,
forever.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is:
$590,000.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
City of Paducah, Kentucky Paducah McCracken County Convention
Center Corporation
WE
Title:
STATE OF KENTUCKY )
) SS
COUNTY OF McCRACKEN )
Title:
The foregoing instrument was sworn to and acknowledged before me this day
of 2018, by ,
(title) of City of Paducah, Kentucky, a municipal corporation of the
Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said
entity, Grantor.
My commission expires:
Notary Public, State at Large
Notary ID #
STATE OF KENTUCKY )
) SS
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged before me this day of
2018, by ,
(title) of Paducah McCracken County Convention Center Corporation, a
non-profit Kentucky corporation, on behalf of said corporation, Grantee..
My commission expires:
Notary Public, State at Large
Notary ID #
This instrument prepared by:
DEN' 'OI I: �QW IAM, PLLC
P. O. x 969
Paducah, KY 42002-0969
(270) 450-8253
212727
Send current year tax bill to:
Paducah McCracken County Convention Center
128 Broadway
Paducah, KY 42001
EXHIBIT A-6
QUITCLAIM DEED FROM PMCCC TO CITY FOR TRACT 6 OF M-1261
See attachment.
10
QUITCLAIM DEED
THIS QUITCLAIM DEED is made and entered into this day of
', 2018, by and between THE PADUCAH McCRACKEN COUNTY
CONVENTION CENTER CORPORATION, a non-profit Kentucky Corporation with its
principal place of business located at 128 Broadway, Paducah, Kentucky 42001 (hereinafter,
"Grantor") and CITY OF PADUCAH, KENTUCKY, a municipal corporation of the Home
Rule class existing under the laws of the Commonwealth of Kentucky, of P O Box 2267,
Paducah, Kentucky 42002-2267 (hereinafter "Grantee").
WITNESSETH
THAT FOR AND IN CONSIDERATION of One Dollar and No/100 ($1.00) and other
good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby
remises, releases and forever quitclaims, with no warranty whatsoever, unto the Grantee, its
successors and/or assigns, all of Grantor's right, title, interest or claim in and to the following -
described real estate, together with all improvements, appurtenances and rights thereunto
belonging, situated in McCracken County, Kentucky, to -wit:
Being Tract 6, consisting of 0.2440 acres, as depicted on the Waiver of
Subdivision Plat for Midwest Terminal of record in Plat Section M, page 1261,
McCracken County Court Clerk's Office.
Being part of same property conveyed to Paducah -McCracken County
Convention Center Corporation, by deed dated April 12, 2005, of record in Deed
Book 1064, page 561, McCracken County Court Clerk's Office.
It is the intent of the Grantee to hold the title to the herein described real property
in fee simple.
TO HAVE AND TO HOLD the same, together with all improvements thereon and all
rights and appurtenances thereunto pertaining unto the Grantee, its successors and assigns,
forever.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is: $500.00
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands.
Paducah McCracken County Convention City of Paducah, Kentucky
Center Corporation
Title:
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
IN
Title:
The foregoing instrument was sworn to and acknowledged before me this day of
2018, by ,
title) of Paducah McCracken County Convention Center Corporation, a
non-profit Kentucky corporation, on behalf of said corporation, Grantor.
My commission expires:
Notary Public, State at Large
Notary ID #
STATE OF KENTUCKY )
COUNTY OF McCRACKEN )
The foregoing instrument was sworn to and acknowledged before me this day
of 7 2018, by ,
(title) of City of Paducah, Kentucky, a municipal corporation of the
Home Rule class existing under the laws of the Commonwealth of Kentucky, on behalf of said
entity, Grantee.
My commission expires:
Notary Public, State at Large
Notary ID #
This instrument prepared by:
DENTC AW FIRV, PLLC
P. O. Box 969
Paducah, KY 42002-0969
(270) 450-8253
212902
Send current year tax bill to:
City of Paducah
P O Box 2267
Paducah, KY 42002-2267
EXHIBIT A-7
DEED OF CONVEYANCE FROM THE COMPANY TO CITY FOR
TRACTS 3, 6, & 7 OF M-1261
See attachment.
11
DEED OF CONVEYANCE
THIS DEED made and entered into this the fh day of
2018, by and between JIM SMITH CONTRACTING COMPANY, LLC, a
Kentucky limited liability company, whose mailing address is 1108 Dover Road, Grand Rivers,
KY 42045, hereinafter called Grantor, and CITY OF PADUCAII, KENTUCKY, a municipal
corporation of the Home Rule class existing under the laws of the Commonwealth of Kentucky,
and a body politic and corporate, of P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter
called Grantee;
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of $1.00, cash in hand paid
by the Grantee to the Grantor, the receipt of which is hereby acknowledged, and other good and
valuable consideration, Grantor sold and does by these presents grant, bargain, sell, alien and
convey unto the Grantee, its successors and assigns forever, together with all the improvements,
appurtenances and rights thereunto belonging, the following described property, lying and being
in McCracken County, Kentucky, and more particularly described as follows:
BEING TRACT 3, CONSISTING OF 0.0188 ACRES, TRACT 6, CONSISTING OF
0.2440 ACRES, AND TRACT 7, CONSISTING OF 0.0485 ACRES, AS
DEPICTED 'ON THE WAIVER OF SUBDIVISION PLAT FOR MIDWEST
TERMINAL OF RECORD IN PLAT SECTION M, PAGE 1261, MCCRACKEN
COUNTY COURT CLERK'S OFFICE.
BEING A PART OF THE SAME PROPERTY CONVEYED TO JIM SMITH
CONTRAC'T'ING COMPANY, LLC, A KENTUCKY LIMITED LIABILITY
COMPANY, BY DEED DATED MAY 31, 2009, OF RECORD IN DEED BOOK
1168, PAGE 27, MCCRACKEN COUNTY COURT CLERK'S OFFICE.
The intent of the Grantor is to convey the above described tracts in fee simple to
Grantee.
TO HAVE AND TO HOLD the same, together with all improvements thereon
and all rights and appurtenances thereunto pertaining unto Grantee, its successors and assigns
forever, with Covenant of General Warranty, except easements, covenants and restrictions of
record.
Grantor and Grantee hereby swear and affirm, under penalty of perjury, that the
foregoing transfer of real property is made by gift, nominal consideration, or no consideration
and, further, that the estimated fair cash value for the property hereby transferred is $12,500.00.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands.
JIM SMITH CONTRACTING COMPANY, LLC CITY OF PADUCAH, KENTUCKY
By_
a- 4-Zaaq��
Title Y. e i�F,S,+ Cn i, cr
STATE OF KENTUCKY
COUNTY OF MCCRACKEN )
Title
The foregUin; instrument was sworn and acknowledged before me this
day of _(fie e r- , 2018, by _ C-', 0-rq l A4ug u
VP1 CFQ (title) of Jim Smith Contracting Company, LL , a Kentucky limited
liability company, on behalf of said company, Grantor.
My commission expires
NOTARY PUB IC,,' ATE AT LA GE
Notary ID# ,5? � (�'j (�
2
STATE OF KENTUCKY)
COUNTY OF MCCRACKEN )
The foregoing instrument was sworn and acknowledged before me this day
of _ _ _ _ _, 2018, by
(title), of City of Paducah, Kentucky, a municipal corporation of the home rule class existing
under the laws of the Commonwealth of Kentucky, and a body politic and corporate, Grantee.
My commission expires
This instq;Lpcnt prepared by:
1 itr 1, PLLC
P. O. Box 969
Paducah, KY 42002-0969
212903
Send 2018 tax bill to:
City of Paducah
P O Box 2267
Paducah, KY 42002-2267
3
NOTARY PUBLIC, STATE AT LARGE
Notary ID#
EXHIBIT A-8
FIRST AMENDMENT TO PARKING SITE LEASE FROM CITY TO RIVERFRONT HOTEL
FOR TRACTS A & B OF M-1260
See attachment.
12
212910
Parking Site
FIRST AMENDMENT TO PARKING SITE LEASE
THIS FIRST AMENDMENT TO PARKING SITE LEASE made and entered into on this
day of , 2018 (the "Effective Date") by and between PADUCAH
RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its
General Partner, Paducah Hotel Inc., a Kentucky corporation, having an address of 1401 Spring
Bank Drive, Building A, Suite 8, Owensboro, KY 42303, (hereinafter referred to as the
"Lessee"); CITY OF PADUCAH, KENTUCKY, a Kentucky home class city having an
address of 300 South 5t" Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to
as the "Lessor").
WITNESSETH:
WHEREAS, on November 1, 2015, the Lessor and the Lessee, entered into a Parking Site
Lease, which lease is of record in Deed Book 1311, page 214, McCracken County Court Clerk's
Office (the "Parking Site Lease"); and
WHEREAS, pursuant to the Parking Site Lease, and in furtherance of the
accomplishment of the public purposes of the Lessor, Lessor leased the parking site identified on
Exhibit B (the "Parking Site") of the Parking Site Lease to the Lessee; and
WHEREAS, a recent survey of the Parking Site was performed at the direction of the
Lessor and a new legal description has been prepared to more accurately describe the Parking
Site; and
WHEREAS, the Project Site identified in the Parking Site Lease was also surveyed and a
new legal description has been prepared to more accurately describe the Project Site; and
WHEREAS, the Lessor and Lessee now desire to amend Exhibit A and Exhibit B of the
Parking Site Lease to more accurately identify and describe the Project Site and the Parking Site.
NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and
sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions
contained herein the parties agree as follows:
1. Amendment to the Pgking Site Lease. The Parking Site Lease is hereby modified
as follows:
(a) Exhibit A "Project Site" of the Parking Site Lease is deleted in its entirety and
replaced with the following:
Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Previously described as follows:
Beginning at a found '/z -inch rebar and cap PLS 2547 being at the intersection of
the north right-of-way line of Executive Boulevard with the east right-of-way line
North Fourth Street, right-of-way line being 33.00 feet from their centerlines;
thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West,
a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes
08 seconds West, a distance of 0.15 feet from a found mag nail and being the
south line of the City of Paducah property, as recorded in Deed Book 1181, at
Page 40 in the office of the McCracken County Clerk; thence serving said city
property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet
to a calculated point being South 71 degrees 24 minutes 23 seconds West, a
distance of 0.10 feet from a found '/z -inch rebar; thence continuing to sever said
city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67
feet to a found '/2 -inch rebar being in said north right-of-way line; thence with said
north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance
of 247.94 feet to the point of beginning and containing 1.465 acres.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record
in the McCracken County Court Clerk's Office.
(b) Exhibit B "Parking Site" of the Parking Site Lease is deleted in its entirety and
replaced with the following:
Being Lease Tract B, containing 44,881 square feet, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed
Book 1181, page 40, and deed dated March 29, 2010, of record in Deed Book
1185, page 732, all of record in the McCracken County Court Clerk's Office.
2. Reaffirmation of the Parking Site Lease. Except for the modification set forth
herein, all other terms and provisions of the Parking Site Lease entered into between the parties
are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby
agree to perform in strict accordance with the terms and provisions as set forth under the Parking
Site Lease.
2
3. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties
hereto and their successors, and assigns as of the Effective Date.
IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be
executed on the day and year first above written.
LESSEE:
PADUCAH RIVERFRONT HOTEL LP,
By: Paducah Hotel Inc., a Kentucky corporation,
Its General Partner
go
GLENN D. HIGDON
Title: President
LESSOR:
CITY OF PADUCAH, KENTUCKY
By:
Title:
STATE OF KENTUCKY
COUNTY OF
The foregoing instrument is acknowledged before me this day of ,
2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general
partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Lessee.
Notary Public, State at Large
Notary ID #
My Commission expires:
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this day of
2018, by ,
Paducah, Kentucky, on behalf of said municipal corporation, Lessor.
My Commission expires:
This document prepared by:
Denton Law Firm, PLLC
P. O. Box 969
Paducah, KY 42002-0969
212910.doc
(title) of City of
Notary Public, State at Large Notary ID #
4
EXHIBIT A-9
FIRST AMENDMENT TO AGREEMENT OF LEASE FROM CITY TO RIVERFRONT
HOTEL FOR
TRACTS A OF M-1260
See attachment.
13
213368
Hotel
FIRST AMENDMENT TO AGREEMENT OF LEASE
THIS FIRST AMENDMENT TO AGREEMENT OF LEASE made and entered into on
this day of , 2018 (the "Effective Date") by and between PADUCAH
RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and through its
General Partner, Paducah Hotel Inc., a Kentucky corporation, having an address of 1401 Spring
Bank Drive, Building A, Suite 8, Owensboro, KY 42303, (hereinafter referred to as the
"Tenant"); and CITV OF PADUCAH, KENTUCKY, a Kentucky home class city having an
address of 300 South 5"' Street, PO Box 2267, Paducah, KY 42002-2267 (hereinafter referred to
as the "Landlord").
WITNESSETH:
WHEREAS, on November 1, 2015, the Landlord and the Tenant, entered into an
Agreement of Lease, which lease is of record in Deed Book 1311, page 144, McCracken County
Court Clerk's Office (the "Agreement of Lease"); and
WHEREAS, pursuant to the Agreement of Lease, and in furtherance of the
accomplishment of the public purposes of the Landlord, Landlord leased the Project Site
identified on Exhibit B (the "Project Site") of the Agreement of Lease to the Tenant; and
WHEREAS, a recent survey of the Project Site was performed at the direction of the
Landlord and a new legal description has been prepared to more accurately describe the Project
Site; and
WHEREAS, the Landlord and Tenant now desire to amend Exhibit B of the Agreement
of Lease to more accurately identify and describe the Project Site.
NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt and
sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions
contained herein the parties agree as follows:
1. Amendment to the Agreement of Lease. The Agreement of Lease is hereby
modified as follows:
Exhibit B "Project Site" of the Agreement of Lease is hereby modified as :
Project Site previously described as:
Beginning at a found '/2 -inch rebar and cap PLS 2547 being at the intersection of
the north right-of-way line of Executive Boulevard with the east right-of-way line
North Fourth Street, right-of-way line being 33.00 feet from their centerlines;
thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West,
a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes
08 seconds West, a distance of 0.15 feet from a found mag nail and being the
south line of the City of Paducah property, as recorded in Deed Book 1181, at
Page 40 in the office of the McCracken County Clerk; thence serving said city
property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet
to a calculated point being South 71 degrees 24 minutes 23 seconds West, a
distance of 0.10 feet from a found 1/2 -inch rebar; thence continuing to sever said
city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67
feet to a found 1/2 -inch rebar being in said north right-of-way line; thence with said
north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance
of 247.94 feet to the point of beginning and containing 1.465 acres.
Project Site is now more accurately described as:
Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record
in the McCracken County Court Clerk's Office.
2. Reaffirmation of the Agreement of Lease. Except for the modification set forth
herein, all other terms and provisions of the Agreement of Lease entered into between the parties
are expressly acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby
agree to perform in strict accordance with the terms and provisions as set forth under the
Agreement of Lease.
3. Miscellaneous Provisions. This Agreement shall be fully binding upon the parties
hereto and their successors, and assigns as of the Effective Date.
IN WITNESS WHEREOF, the parties have respectively caused this Agreement to be
executed on the day and year first above written.
TENANT:
PADUCAH RIVERFRONT HOTEL LP,
By: Paducah Hotel Inc., a Kentucky corporation,
Its General Partner
GLENN D. HIGDON
Title: President
F
LANDLORD:
CITY OF PADUCAH, KENTUCKY
Title:
STATE OF KENTUCKY
COUNTY OF
The foregoing instrument is acknowledged before me this day of ,
2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general
partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Tenant.
Notary Public, State at Large
Notary ID #
My Commission expires:
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this
2018, by
Paducah, Kentucky, on behalf of said municipal corporation, Landlord.
My Commission expires:
Notary Public, State at Large
3
day of
_(title) of City of
Notary ID #
This document prepared by:
Denton Law Firm, PLLC
P. O. Box 969
Paducah, KY 42002-0969
213368.doc
EXHIBIT A-10
MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE FROM RIVERFRONT
HOTEL AND CITY TO LENDER
FOR TRACT B OF M-1260
See attachment.
14
2]3093
Parking Site
MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE
THIS MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE (this
"Modification") is made as of the day of , 2018, by and between
PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and
through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Mortgagor"), as
Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303,
and INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original
Purchaser and Grantee (the "Mortgagee").
RECITALS
WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as
of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"),
the Grantor and the Grantee, as Original Purchaser (each as defined in the Bond Purchase
Agreement), the Grantee purchased the Industrial Building Revenue Bonds, Series 2015, in the
aggregate principal amount of up to $12,000,000 (the "Bonds") from the Issuer in order to
finance the acquisition, construction and equipping of a hotel in downtown Paducah, Kentucky
(the "Project");
WHEREAS, as a condition to the purchase of the Bonds, the Mortgagee required the
Mortgagor to enter into and grant to Mortgagee a certain Open -End Leasehold Mortgage dated as
of November 1, 2015 (the "Existing Mortgage"), which was recorded on November 4, 2015 in
Mortgage Book 1481, page 68 in the McCracken County Clerk's Office, encumbering and
pledging the Mortgagor's leasehold interest created by the Parking Site Lease dated November 1,
2015, (the "Parking Site Lease") by and between the Mortgagor and the Issuer, which parking
site was identified and described on Exhibit A of the Existing Mortgage;
WHEREAS, Mortgagor and Issuer have amended the Parking Site Lease pursuant to that
certain First Amendment to Parking Site Lease, dated as of , 2018 (the "First
Amendment", and together with the Parking Site Lease, as the same may be further amended,
restated, modified or supplemented from time to time, the "Amended Parking Site Lease")
pursuant to which the parties have agreed to amend Exhibit B, "Parking Site" of the Lease to
more accurately identify and describe the Parking Site (as defined in the Amended Parking Site
Lease);
WHEREAS, Mortgagor and Mortgagee now wish to amend Exhibit A of the Mortgage to
more accurately identify and describe the Parking Site in the Existing Mortgage as set forth
below.
NOW, THEREFORE, for and in consideration of the sum of One and No/ 100ths Dollars
($1.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Mortgagor and Mortgagee do hereby agree as follows:
AGREEMENT
Modification of Existing Mortgag,e. The Existing Mortgage is hereby modified as
follows:
Exhibit A "Parking Site" of the Existing Mortgage is deleted in its entirely and
replaced with the following:
Being Lease Tract B, containing 44,881 square feet, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deeds dated December 23, 2009, of record in Deed Book 1181, page 35 and Deed
Book 1181, page 40, and deed dated March 29, 2010, of record in Deed Book
1185, page 732, all of record in the McCracken County Court Clerk's Office.
2. Ratification. Except as expressly set forth herein, Mortgagor covenants and agrees that
all of the terms, covenants, promises, warranties, representations and conditions of the Existing
Mortgage shall remain in full force and effect and are hereby ratified. Further, nothing contained
herein shall in any way impair the validity or priority of the Existing Mortgage.
3. Counterparts. This Modification may be executed in one or more counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
4. Severability. To the extent any provision of this Modification may be deemed invalid
or unenforceable under any law, such provision shall be deemed void and inoperative and shall
not form part of this Modification, but the remainder of this Modification shall remain in full
force and effect. The parties hereto specifically declare that they would have entered into this
Modification if any such void provisions had been omitted herefrom.
5. Successors and Assam. This Modification shall inure to the benefit of and be binding
upon the Mortgagor and the Mortgagee and their respective heirs, executors, legal
representatives, successors, successors -in -title, and assigns. Whenever a reference is made in
this Modification to "Mortgagor" or "Mortgagee," such reference shall be deemed to include a
reference to the heirs, executors, legal representatives, successors, successors -in -title and assigns
of the Mortgagor or the Mortgagee, as the case may be, but shall not imply any permission to
make or permit any transfer which is otherwise prohibited.
[Remainder of Page Intentionally Left Blank]
2
IN WITNESS WHEREOF, Mortgagor and Mortgagee have on the date set forth in the
acknowledgements hereto, effective as of the date first above written, caused this instrument to
be duly EXECUTED AND DELIVERED by authority duly given.
MORTGAGOR:
PADUCAH RIVERFRONT HOTEL LP,
By: Paducah Hotel Inc., a Kentucky corporation,
Its General Partner
By:
GLENN D. HIGDON
Title: President
MORTGAGEE:
INDEPENDENCE BANK OF KENTUCKY
LOW
Title:
STATE OF KENTUCKY
COUNTY OF
The foregoing instrument is acknowledged before me this day of —I-
2018,
2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general
partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Mortgagor.
My Commission expires:
Notary Public, State at Large
Notary ID #
3
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this day of
2018, by (title) of
Independence Bank of Kentucky, a Kentucky banking corporation, Mortgagee.
Notary Public, State at Large
Notary ID #
My Commission expires:
This document prepared by:
Denton Law Firm, PLLC
P. O. Box 969
Paducah, KY 42002-0969
213093.doc
EXHIBIT A-11
MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE FROM RIVERFRONT
HOTEL AND CITY TO LENDER
FOR TRACT A OF M-1260
See attachment.
15
213144
MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE Hotel
THIS MODIFICATION OF OPEN-END LEASEHOLD MORTGAGE, SECURITY
AGREEMENT, ASSIGNMENT AND AGREEMENT AS TO REAL ESTATE MATTERS (this
"Modification") is made as of the day of , 2018, by and between
PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and
through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Mortgagor"), as
Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303,
CITY OF PADUCAH, KENTUCKY, a municipal corporation and political subdivision of the
Commonwealth of Kentucky, (the "Issuer") of P O Box 2267, Paducah, KY 42002-2267; and
INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original
Purchaser and Grantee (the "Mortgagee").
RECITALS
WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as
of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"),
the Grantor and the Grantee, as Original Purchaser (each as defined in the Bond Purchase
Agreement), the Grantee purchased the Industrial Building Revenue Bonds, Series 2015, in the
aggregate principal amount of up to $12,000,000 (the "Bonds") from the Issuer in order to
finance the acquisition, construction and equipping of a hotel in downtown Paducah, Kentucky
(the "Project");
WHEREAS, as a condition to the purchase of the Bonds, the Mortgagee required the
Mortgagor to enter into and grant to Mortgagee a curtain Open -End Leasehold Mortgage,
Security Agreement, Assignment and Agreement as to Real Estate Matters dated as of November
1, 2015 (the "Existing Mortgage"), which was recorded on November 4, 2015 in Mortgage Book
1481, page 37 in the McCracken County Clerk's Office, encumbering and pledging the
Mortgagor's leasehold interest created by Agreement of Lease dated November 1, 2015, (the
"Lease") by and between the Mortgagor and the Issuer, which leased premises was identified and
described on Exhibit A of the Existing Mortgage;
WHEREAS, Mortgagor and Issuer have amended the Lease pursuant to that certain First
Amendment to Lease, dated as of , 2018 (the "First Amendment", and together
with the Lease, as the same may be further amended, restated, modified or supplemented from
time to time, the "Amended Lease") pursuant to which the parties have agreed to amend Exhibit
B, "Project Site" of the Lease to more accurately identify and describe the Project Site (as
defined in the Amended Lease);
WHEREAS, Mortgagor and Mortgagee now wish to amend Exhibit B of the Mortgage to
more accurately identify and describe the Project Site in the Existing Mortgage as set forth
below.
NOW, THEREFORE, for and in consideration of the sum of One and No/ 100ths Dollars
($1.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Mortgagor and Mortgagee do hereby agree as follows:
1
follows:
AGREEMENT
Modification of Existing Mortgage. The Existing Mortgage is hereby modified as
Exhibit B "Project Site" of the Existing Mortgage is hereby modified as follows:
Project Site previously described as:
Beginning at a found %-inch rebar and cap PLS 2547 being at the intersection of
the north right-of-way line of Executive Boulevard with the east right-of-way line
North Fourth Street, right-of-way line being 33.00 feet from their centerlines;
thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West,
a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes
08 seconds West, a distance of 0.15 feet from a found mag nail and being the
south line of the City of Paducah property, as recorded in Deed Book 1181, at
Page 40 in the office of the McCracken County Clerk; thence serving said city
property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet
to a calculated point being South 71 degrees 24 minutes 23 seconds West, a
distance of 0.10 feet from a found '/2 -inch rebar; thence continuing to sever said
city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67
feet to a found '/z -inch rebar being in said north right-of-way line; thence with said
north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance
of 247.94 feet to the point of beginning and containing 1.465 acres.
Project Site is now more accurately described as :
Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record
in the McCracken County Court Clerk's Office.
2. Ratification. Except as expressly set forth herein, Mortgagor covenants and agrees that
all of the terms, covenants, promises, warranties, representations and conditions of the Existing
Mortgage shall remain in full force and effect and are hereby ratified. Further, nothing contained
herein shall in any way impair the validity or priority of the Existing Mortgage.
3. Counterparts. This Modification may be executed in one or more counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
4. Severability. To the extent any provision of this Modification may be deemed invalid
or unenforceable under any law, such provision shall be deemed void and inoperative and shall
not form part of this Modification, but the remainder of this Modification shall remain in full
force and effect. The parties hereto specifically declare that they would have entered into this
Modification if any such void provisions had been omitted herefrom.
5. Successors and Assigns. This Modification shall inure to the benefit of and be binding
upon the Mortgagor and the Mortgagee and their respective heirs, executors, legal
representatives, successors, successors -in -title, and assigns. Whenever a reference is made in
this Modification to "Mortgagor" or "Mortgagee," such reference shall be deemed to include a
reference to the heirs, executors, legal representatives, successors, successors -in -title and assigns
of the Mortgagor or the Mortgagee, as the case may be, but shall not imply any permission to
make or permit any transfer which is otherwise prohibited.
IN WITNESS WHEREOF, Mortgagor, Mortgagee and Issuer have on the date set forth
in the acknowledgements hereto, effective as of the date first above written, caused this
instrument to be duly EXECUTED AND DELIVERED by authority duly given.
MORTGAGOR:
PADUCAH RIVERFRONT HOTEL LP,
By: Paducah Hotel Inc., a Kentucky corporation,
Its General Partner
ROIN
GLENN D. HIGDON
Title: President
MORTGAGEE:
INDEPENDENCE BANK OF KENTUCKY
1.2
Title:
ISSUER:
CITY OF PADUCAH, KENTUCKY
Title:
STATE OF KENTUCKY
COUNTY OF
The foregoing instrument is acknowledged before me this day of ,
2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general
partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Mortgagor.
Notary Public, State at Large
Notary ID #
My Commission expires:
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this day of
2018, by (title) of
Independence Bank of Kentucky, a Kentucky banking corporation, Mortgagee.
Notary Public, State at Large
Notary ID #
My Commission expires:
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this day of ,
2018, by (title) of City of
Paducah, Kentucky, a municipal corporation of the Home Rule class existing under the laws of
the Commonwealth of Kentucky, on behalf of said entity, Issuer.
Notary Public, State at Large
Notary ID #
My Commission expires:
This document prepared by:
Denton Law Firm, PLLC
P. 0. Box 969
Paducah, KY 42002-0969
213144.doc
EXHIBIT A-12
MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES FROM RIVERFRONT
HOTEL TO LENDER
FOR TRACT A OF M-1260
See attachment.
16
214471
Hotel
MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES
THIS MODIFICATION OF ASSIGNMENT OF RENTS AND LEASES (this
"Modification") is made as of the day of , 2018, by and between
PADUCAH RIVERFRONT HOTEL LP, a Kentucky ULPA Limited Partnership, by and
through its General Partner, Paducah Hotel Inc., a Kentucky corporation (the "Tenant"), as
Grantor, whose address is 1401 Spring Bank Drive, Building A, Suite 8, Owensboro, KY 42303,
and INDEPENDENCE BANK OF KENTUCKY, a Kentucky banking corporation, as Original
Purchaser and Grantee (the "Original Purchaser").
RECITALS
WHEREAS, reference is hereby made to that certain Bond Purchase Agreement dated as
of November 1, 2015 (the "Bond Purchase Agreement") among the City of Paducah ("Issuer"),
the Tenant, as Grantor, and the Original Purchaser, as Grantee (each as defined in the Bond
Purchase Agreement), the Original Purchaser purchased the Industrial Building Revenue Bonds,
Series 2015, in the aggregate principal amount of up to $12,000,000 (the "Bonds") from the
Issuer in order to finance the acquisition, construction and equipping of a hotel in downtown
Paducah, Kentucky (the "Project");
WHEREAS, as a condition to the purchase of the Bonds, the Original Purchaser required
the Tenant to enter into and grant to the Original Purchaser a certain Assignment of Rents and
Leases dated as of November 1, 2015 (the "Existing Assignment"), which was recorded on
November 4, 2015 in Deed Book 1311, page 208 in the McCracken County Clerk's Office,
encumbering and pledging any existing leases, together any and all future leases affecting the
real estate described on Exhibit A (the "Property" or "Project Site") of the Existing Assignment;
WHEREAS, Tenant and Original Purchaser now wish to amend Exhibit A of the Existing
Assignment to more accurately identify and describe the Property or Project Site in the Existing
Assignment as set forth below.
NOW, THEREFORE, for and in consideration of the sum of One and No/100ths Dollars
($1.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Tenant and the Original Purchaser do hereby agree as follows:
AGREEMENT
1. Modification of Existing Assignment. The Existing Assignment is hereby modified as
follows:
Exhibit A "Property" or "Project Site" of the Existing Assignment is hereby
modified as follows:
Property or Project Site previously described as:
Beginning at a found '/2 -inch rebar and cap PLS 2547 being at the intersection of
the north right-of-way line of Executive Boulevard with the east right-of-way line
1
North Fourth Street, right-of-way line being 33.00 feet from their centerlines;
thence with said east right-of-way North 24 degrees 58 minutes 42 seconds West,
a distance of 316.50 feet to a calculated point being North 48 degrees 08 minutes
08 seconds West, a distance of 0.15 feet from a found mag nail and being the
south line of the City of Paducah property, as recorded in Deed Book 1181, at
Page 40 in the office of the McCracken County Clerk; thence serving said city
property North 64 degrees 56 minutes 23 seconds East, a distance of 155.25 feet
to a calculated point being South 71 degrees 24 minutes 23 seconds West, a
distance of 0.10 feet from a found 1/2 -inch rebar; thence continuing to sever said
city property South 41 degrees 18 minutes 30 seconds East, a distance of 329.67
feet to a found 1/2 -inch rebar being in said north right-of-way line; thence with said
north right-of-way line south 64 degrees 56 minutes 23 seconds West, a distance
of 247.94 feet to the point of beginning and containing 1.465 acres.
Property or Project Site is now more accurately described as :
Being Lease Tract A, containing 1.4650 acres, as depicted on the Waiver of
Subdivision Plat for Julian Carroll Convention Center, of record in Plat Section
M, page 1260, McCracken County Court Clerk's Office.
Being a part of the same property conveyed to City of Paducah, Kentucky, by
deed dated March 29, 2010, of record in Deed Book 1185, page 732, all of record
in the McCracken County Court Clerk's Office.
2. Ratification. Except as expressly set forth herein, Tenant covenants and agrees that all
of the terms, covenants, promises, warranties, representations and conditions of the Existing
Assignment shall remain in full force and effect and are hereby ratified. Further, nothing
contained herein shall in any way impair the validity or priority of the Existing Assignment.
3. Counterparts. This Modification may be executed in one or more counterparts, each of
which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
4. Severabilitv. To the extent any provision of this Modification may be deemed invalid
or unenforceable under any law, such provision shall be deemed void and inoperative and shall
not form part of this Modification, but the remainder of this Modification shall remain in full
force and effect. The parties hereto specifically declare that they would have entered into this
Modification if any such void provisions had been omitted herefrom.
5. Successors and Assigns. This Modification shall inure to the benefit of and be binding
upon the Tenant and the Original Purchaser and their respective heirs, executors, legal
representatives, successors, successors -in -title, and assigns. Whenever a reference is made in
this Modification to "Tenant" or "Original Purchaser," such reference shall be deemed to include
a reference to the heirs, executors, legal representatives, successors, successors -in -title and
assigns of the Tenant or the Original Purchaser, as the case may be, but shall not imply any
permission to make or permit any transfer which is otherwise prohibited.
2
IN WITNESS WHEREOF, Tenant and Original Purchaser have on the date set forth in
the acknowledgements hereto, effective as of the date first above written, caused this instrument
to be duly EXECUTED AND DELIVERED by authority duly given.
TENANT:
PADUCAH RIVERFRONT HOTEL LP,
By: Paducah Hotel Inc., a Kentucky corporation,
Its General Partner
By:
GLENN D. HIGDON
Title: President
ORIGINAL PURCHASER:
INDEPENDENCE BANK OF KENTUCKY
L'In
Title:
3
STATE OF KENTUCKY
COUNTY OF
The foregoing instrument is acknowledged before me this day of ,
2018, by Glenn D. Higdon, President, of Paducah Hotel, Inc., a Kentucky corporation, as general
partner of Paducah Riverfront Hotel LP, on behalf of said limited partnership, Tenant.
Notary Public, State at Large
Notary ID #
My Commission expires:
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
The foregoing instrument is acknowledged before me this day of
2018, by 5 (title) of
Independence Bank of Kentucky, a Kentucky banking corporation, Original Purchaser.
My Commission expires:
This document prepared by:
Denton Law Firm, PLLC
P. O. Box 969
Paducah, KY 42002-0969
214471.doc
Notary Public, State at Large
Notary ID #
El
r
N
BEARINGS SHOWN HEREON ARE
BASED ON KENTUCKY STATE PLANE
COORDINATES (SOUTH ZONE)
W E
MIDWEST TERMINAL INC.
S DEED BOOK 688, PAGE 812
EXISTING EASEMENTS FOR THE
MAINTENANCE PURPOSES ON AERIAL
PIPE LINE, FOR THE BENEFIT OF MIDWEST
TERMINAL, INC. PER PLAT SECTION 1",
PAGE 1354 & PLAT SECTION "L", PAGE 1487
AND DEED BOOK 1061, PAGE 94
EXIST. 15WIDE P.U.E.EASEMENT
PER PLAT SECTION "L", PAGE 1487
CAMPBELL STREET-.
N41°33'30' .49'
i
EXIST. 15' WIDE P.U.E.EASEMENT�
PER PLAT SECTION "L", PAGE 1487
N 39°45'53" W 18.27'
N 39°45'36" W 27.37' -
'g'0 REBAR &
CAP #3117 j
EXIST. PARKING LOT ENCROACHES ONTO -
SUBJECT PROPERTY AS SHOWN HEREON
AND AS SHOWN ON PLAT SECTION "L", PAGE
1487 AND IN DEED BOOK 1061, PAGE 98
1
S 51 °10'43" E
30.42'
S88032'00"E RT.B.E.
CH:H:::2424.88' N 89°05'12" E
RAD: 24.50' CH: 254.61'
ARC: 26.09' RAD: 270.00'
ARC: 265.13'
TRACT 4
AREA: 207,053 SO. FT.
/' 4.753 ACRES
ZONE INFORMATION:
THE PROPERTY SHOWN HEREON IS CURRENTLY ZONED "B-3"
"B-3" = GENERAL BUSINESS ZONE
MINIMUM YARD REQUIREMENTS:
NONE
MINIMUM AREA REQUIREMENTS:
NONE
MAXIMUM BUILDING HEIGHT:
NONE
INTENT:
THE INTENT OF THIS WAIVER OF SUBDIVISION IS TO
ESTABLISH AND/OR ABOLISH CERTAIN PROPERTY LINES,
LEASE LINE & EASEMENTS AS SHOWN HEREON.
N 60°57'20" E R T.B.E.
/ 21.76'
/
S 5800120" E R T.B.E.
i 26.03' 40.02'32 E
ASPHALT S56110
�OONC. CURB -
.' &GUTTER 'y 0 6 49.63'
EXIST. 40' WIDE STORM SEWER ?°4 T.e
♦ EASEMENT PER PLAT SECTIONS / / `\\\ 823e1•4 4l"^ry1 k
♦ "L" PAGE 1354 i /
TRACT 2 <
\ r / AREA 402,307 SQ. FT. /' Mas°36130"
\ S ( 9.236 ACRES i CH6 D: 6.2T
RADIUS`.25.00'
d I I ARC: 6.28'
R T.B.E.
i S 48°19'00" E
( /i1 N 48024'36" W J 41.20'
O 10.84' < R T.B.E.
R T.B,E
a `\ <co +O V-/
Uo v \
FLOODWALL \ \�O'\ S 64 30 '50 W ti
\� �2o-BALCONY B
ck
MAG NAIL
I
\
01-0o z"0 REBAR & ASPHALT
CAP#1682
1 T 8 '�
\ ���g�\• S45°41'09"E6.30 OR ��
It T.B.E.
R°
GENERAL NOTES:
1Q LEASE LINES ESTABLISHED PER PLAT SECTION "L". PAGE 1354 WERE LATER
CONVERTED TO PROPERTY LINES PER SPECIAL WARRANTY DEED, RECORDED IN DEED
BOOK 1181, PAGE 40.
FLOOD ZONE INFORMATION:
THIS PROPERTY HAS BEEN ZONED FLOOD ZONE AE, "I% ANNUAL
CHANCE FLOOD PLAIN" AS SHOWN ON THE NATIONAL FLOOD
INSURANCE RATE MAP, COMMUNITY PANEL NO. 21145CO153F,
EFFECTIVE NOVEMBER 2, 2011.
PROPERTY INFORMATION:
O WNER/CLIENT:
O W NER/CLIENT:
CITY OF PADUCAH, KENTUCKY
THE PADUCAH MCCRACKEN COUNTY
P.O. BOX 2267
CONVENTION CENTER CORPORATION
PADUCAH, KY. 42002-2267
605 BROADWAY
COUNTY. MCCRACKEN COUNTY
PADUCAH, KY. 42001
SOURCE OF TITLE:
SOURCE OF TITLE:
DEED BOOK 1181, PAGE 35
DEED BOOK 1203, PAGE 240
DEED BOOK 1181, PAGE 40
DEED BOOK 1064, PAGE 561
DEED BOOK 1185, PAGE 732
DEED BOOK 1064, PAGE 585
N
U
DEED BOOK 1181, PAGE 40
PLAT REFERENCES:
1/T6 x IR" LONG REBAR W/ PLASTIC CAP
PLAT BOOK "J" PAGE 361
STAMPED _KAW.13445" (SD UNLESS
PLAT BOOK "L" PAGE 1354
NOTED OTHERWISE)
PLAT BOOK "L" PAGE 1487
MAG NAL W/ SHINER
PLAT BOOK "M" PAGE 359
"KJ W.13445' (SET UNLESS
PLAT BOOK "M" PAGE 360
NOTED OTHERWISE)
PLAT BOOK "M" PAGE 516
EXISTING PROPERTY MARKER AS NOTED
SURVEYOR'S CERTIFICATE:
I DO HEREBY CERTIFY THAT THE BOUNDARY & TOPOGRAPHIC INFORMATION
SHOWN HEREON WAS PERFORMED UNDER MY DIRECT SUPERVISION BY
USING REAL TIME KINEMATIC "RTK" GPS (TOPCON GR3 DUAL FREQUENCY
RECEIVERS) HORIZONTAL INFORMATION IS BASED ON AN ONLINE
POSITIONING USER SERVICE "OPUS" (NAD 83, KENTUCKY STATE PLANE
COORDINATES SOUTH, GEOID 12A) BEARINGS AND DISTANCES SHOWN
HEREON ARE COMPUTED USING GROUND COORDINATES. THE ACCURACY
AND PRECISION OF SAID SURVEY MEETS OR EXCEEDS SPECIFICATIONS OF
AN "URBAN" SURVEY. ORIGINAL DATE OF SURVEY JANUARY, 2017, UPDATED
JANUARY 2018. .....
K. JI -7i"
=� WOOD
K. 44
. JETT WOOD, P.L.S. #3445 E Fd111 ESIONAL
ANN SURVEYOR _
THIS PROPERTY IS SUBJECT TO ALL PREVIOUSLY CONVEYED RIGHT-OF-WAYS
AND EASEMENTS.
5:48°19'00" E
' - `- AERIAL CONC.
156.54' WALK
4t°41'00" W
4.48' ;
R T.B,F.
e \ A
PLANNING AND ZONING
CERTIFICATE OF APPROVAL
UNDER AUTHORITY PROVIDED BY CHAPTER 100 OF THE KENTUCKY REVISED STATUTES AND
ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY,
THIS PLAT HAS BEEN GIVEN APPROVAL AND ACCEPTED BY THE PADUCAH PLANNING AND ZONING
COMMISSION AT A MEETING HELD/%+�.;.
CERTIFICATE OF RECORDING
STATE OF KENTUCKY, COUNTY OF McCRACKEN
I HEREBY CERTIFY THAT THIS PLAT WAS THIS DAY LOGGED IN MY OFFICE FOR RECORD AND
THAT I HAVE RECORDED SAME TH THIS AND(" THE FOREGOING CERTIFICATES IN MY OFFICE.
GIVEN UNDER MV SEAL THIS DAY OF
AND RECORDED IN PLAT SECTION ,'i •._',_' PAGE '.
MC�RACKEN COUNTY doURT CLERK DEPUTY COURT CLERK L
Q
LEASE TRACT 3 PLAT SECTION "L", 1354
LEASE LINES LATER CONVERTED TO PROPERTY
LINES PER DEED BOOK 1181, PAGE 40
ti TO BE ABOLISHED PER THIS SURVEY
7
TRACT 3A
AREA: 81,215 SQ. FT.
1.864 ACRES
AERIAL CATWALK
PLAT OF CORRECTION:
PREVIOUS TO THE CREATION OF PLAT SECTION "M", PAGE 851
A LIMITED WARRANTY DEED WAS PROVIDED INDICATING A
CHANGE FROM LEASE LINES TO PROPERTY LINES. THIS PLAT
REFLECTS PROPERTY LINES WHERE LEASE LINES PREVIOUSLY
EXISTED.
CITY OF PADUCAH ANNEXATION
TO THE THREAD OF THE OHIO RIVER
PER PLAT BOOK "M", PAGE 516
DATED NOVEMBER 30, 2011
302 CONTOUR - (ELEVATION BASIS UNDETERMINED) -
\ `?9p PER SURVEY'S LISTED BELOW:
`TRACT3B 42' MEANDER LINE BY F&H BOUNDARY OF BARKLEY PARK 03181
A F\A: 37,454 SQ. FT. RE-ESTABLISHED BY JACK GRAY & ASSOC. PLAT BOOK "J",
0860 ACRES PAGE 361, HONORED BY SCI SURVEYORS INC. PLAT BOOK "L',
\ \ APPROX. PAGE 1354 AND RE -HONORED BY THIS SURVEY
\ \
\ f FLOODWAY
r \ \ \ \ BOUNDARY
\ ASPHALT
/
\ Oy
MAG NAIL
(RE'FERENCE /
ON ENT
O
\ '\wi` 55�
ALX v �♦ - „ lwzjT. JF.S �, ��r �' - \ \)
CAP#3117 FLOODWL
\`
1O'SEW REASEMENT �S Ql° \�/��' \ S C_
\I/ 25'FLOODWALL RIGHT-OF-WAY p\♦ �Z _ jy7 ' x
\ p9>
PER PLAT SECTION "U' PAGE 1354 fid• ♦ "06+ -_ �, - Y ' [r 17 /� /
10' RESERVED IN DEED BOOK 409, PAGE 129 Fle 2e :\* _ _ / B"
\ \ d. l� EXIST, 30' WIDE SEWER
FS
\
S
\
LEGEND
RECORDEDA 08,2018 09.M.00 AM
RIGHT LINE
TOTAL FEES: 520.00
PRO'ERTY LINE
'— - -
ADJOIWNG PROPERTY LINE
- -- - - -
--- EXISTING EASEMENT UNE
COUNTY. MCCRACKEN COUNTY
PROPERTY LINE -0 BE ABOLISHED
BOOK:CAI PAGES: 1260 -1280
PER THIS SURVEY
-_________
EASEMENT LINE O BE ESTABLISHED
PER THIS SURVEY
LEASE LINE TO BE ESTABLISHED
N
U
PER THIS SURVEY
1/T6 x IR" LONG REBAR W/ PLASTIC CAP
®
STAMPED _KAW.13445" (SD UNLESS
NOTED OTHERWISE)
V
MAG NAL W/ SHINER
0
"KJ W.13445' (SET UNLESS
NOTED OTHERWISE)
O
EXISTING PROPERTY MARKER AS NOTED
A
PROPERTY UNE ANGLE POINT
Q T.B.E.
PROPERTY LINE TO BE ESTABLISHED
PER THIS SURVEY'
E TBA
PROPERTY LINE i0 BE AROU5HED
PER ]HIS SURVEY
SITE
VICINITY MAP
PROPERTY OWNERS CERTIFICATE:
"1 (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNER(S) SHOWN AND
DESCRIBED HEREON AND FREELY GIVE MY (OUR) CONSENT TO SUBDIVIDE THE PROPERTY
SHOWN AND DESCRIBED HEREON."
= KENTUCKY
SIGNATURE - MAYOR DATE
PADU cCRACKEN CO. CONVENTION CENTER CORP.
SIGNATURE - CHAMAN DATE
CERTIFICATE OF ACKNOWLEDGMENT:
STATE OF COUNTY OF LJ.Y
I, Po1AAINIOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID,
DO HEREBY CERTIFY T T THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY f [4�VH0 THEN EXECUTED SAID CERTIFICATE IN MY
PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SWORN TO EFORE M HI %DAY OF
.205
NOTARY PUBLIC SIGNATURE: 1.1 07MY COMMISSION EXPIRES: I-'2G"fl
rlPRrlFlr-erl9 nF ArfrunI =nr_ucur. 5�
STATE OF V:j— COUNTY OF 648Cri.6 jD,
I, A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID,
DO HEREBY CERTIFY T T THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY �Yf�n S _ - WHO THEN EXECUTED SAID CERTIFICATE IN MY
PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SWORN TO BEF E E T 1 DAY OF 20g
NOTARY PUBLIC SIGNATURE: MY COMMISM� EXPIRES: 6$19
2 Z Q EASE
M
ENT PER PLAT g
\� dLEASE TRACTA 296\♦ T ,� / SECTION SJI PAGE 361 ?O9,
\�� \� k TO BE ESTABLISHED AS
\ \ A PUBLIC UTILITY EASEMENT
\
S. p\ �'+ AREA 63,805 SQ. FT. PER THIS SURVE\1' \
\N\� 1.4650 ACRES q1� �J
\� -� j�i - . \\ TRACT 1
`
-kAREA: 641,811 SQ. FT. \ \
ca14.734 ACRES
2'0 REBAR W/ \� \ �/ \ \ �\MAG NAIL - \ \ nTs°T'0�
ALUMINUM CAP \ \ /' \ �\ ASPHALT (REFERENCE
MONUMENT)
EXIST. 30'WIDE SEWER
EASEMENT PER PLAT
SECTION "J", PAGE 361
\ \ \ TO BE ESTABLISHED AS
\ A PUBLIC UTILITY EASEMENT
\\ \ \ PERTHISSURVEY
SPECIAL NOTES: \ \ \
T
A RECIPROCATING INGRESS/EGRESS & ACCESS EASEMENT \ ^ \ \ \ / EDGE OF ASPHALT -' r�
IS ESTABLISHED PER THIS SURVEY TO SERVE ALL OPEN
AREAS OF TRACTS 1 - 4 AND LEASE AREAS, AS DEPICTED MAG I�A'�. ♦ `\ i'
ON THIS PLAT. ♦
'-_ S 64°52'11" W 38.43' \ `� ASPHALT
0 �.
i \
EXISTING BUILDING
EXISTING BUILDING (OVERHEAD)
TRACT 3B IS -0 BE OWNED BY THE CITY OF PADUCAH
AND TO BE USP FOR CHY OF PADUCAH PUBLIC PARKING
AND INGRESS EGRESS TO TRACT 3A
LEASE TRACT TO BE ESTABLISHED
PER THIS SURVEY
RECIPROCATING INGRESS/EGRESS EASEMENT
�'(R/,/ \ \ �Tt9°♦ / sMAG NAIL -�
�R\S�N�N\ 5r z"0 REBAR &
�6; \ '\0 ��♦♦ CAP #3117 gb S
Z
on 0 \ 259\♦ 5211 $� 2
\\`\��\ FLOODWALL - _ /O^ "/ / �� a\\ N 7
GRAPHIC SCALE
iW 0 50 tOD YOU .00
( IN FEET )
1 Inch v 100ft.
PROPERTY LINE FOLLOWS THE MEANDERS
OF THE NAVD88 302 CONTOUR LINE
(APPROX. 990' +/-) BASED OFF AN AS -BUILT
SURVEY DATED 1/2612018.
OCCUMENTNO. 58]558
\
199?665 SS329•S
- FLOODWALL \ \
\.
'56" W 42.26' \
UTILITIES NOTES:
1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER.
2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA).
3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM.
COPY
RECORDEDA 08,2018 09.M.00 AM
TOTAL FEES: 520.00
COUNTY CLERK: JULIE GRIGOS
ra
DEPUTY CLERK LAURELANDERSON
COUNTY. MCCRACKEN COUNTY
m
BOOK:CAI PAGES: 1260 -1280
\
199?665 SS329•S
- FLOODWALL \ \
\.
'56" W 42.26' \
UTILITIES NOTES:
1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER.
2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA).
3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM.
COPY
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ZONE INFORMATION:
THE PROPERTY SHOWN HEREON IS CURRENTLY ZONED "B-3"
OR'M-1"AS SHOWN ON EACH PARCEL
MINIMUM YARD REQUIREMENTS:
B-3 NONE
M-1 FRONT: 25 FEET, REAR: 25 FEET, SIDE: 10 FEET
MINIMUM AREA REQUIREMENTS:
B-3 NONE
M-1 LESS THAN 4,000 SQ FT BUILDING: 7,500 SQ FT
M-1 MORE THAN 4,000 SQ FT BUILDING: 15,500 SO FT
MAXIMUM BUILDING HEIGHT:
B-3 AND M-1 NONE
DOCUMENT NO: 587558
RECORDED:Mzy 082018 09:3390 AM
TOTALFEES: $20.00
COUNTY CLERK JULIE GRIGGS
DEPUTY CLERK: LAUREL ANDERSON
COUNTY: MCCRACKEN COUNN
BOOK: CABM PAGES: 1261 -1261
CERTIFICATE OF
EXIST. 10' WIDE EASEMENT FOR THE
AINTENANCE PURPOSES ON AERIAL
JIM SMITH CONTRACTING COMPANY, LLC M
DEED BOOK 1168, PAGE PIPE LINE, FOR THE BENEFIT OF MIDWEST
TERMINAL INC PER PLAT SECTION 'L"
EASEMENT FOR THE MAINTENANCE PURPOSES ON
AERIAL PIPE LINE, FOR THE BENEFIT OF MIDWEST
TERMINAL, INC. ESTABLISHED PER THIS SURVEY.
CITY OF PADUCAH DESIRES MIDWEST
TERMINAL TO DEDICATE THIS AREA TO
THE CITY FOR ITS USE FOR TRAIL AND
PERMANENT CLOSURE OF FLOODWALL
EXIST. 15' WIDE P.U.E. EASEMENT OPENING.
PER PIAT SECTION "L", PAGE 1354
JIM SMITH CONTRACTING CO. LLC '
DEED BOOK 1168, PAGE 27
THE PADUCAH MCCRACKEN COUNTY CONVENTION CENTER S41° 34 42'W
DEED BOOK 1203, PAGE 240 S58" 017'02"E 13.91'
TRACT 6 79.46
PLAT BOOK "L", PAGE 1487 i"0 REBAR & /
AREA = 10629 SQ FT CAP #3117
ACRE = 0.2440 -\ R T.B.A.
JIM SMITH CONTRACTING CO. LLC
DEED BOOK 1168, PAGE 27
TRACT 7
PLAT BOOK "O", PAGE 230
AREA =2115 SO FT
ACRE = 0.0485 -�
JIM SMITH CONTRACTING CO. LLC
DEED BOOK 1168, PAGE 27
TRACT 5 CAMPBELL, STREET
PLAT BOOK "O", PAGE 230 (50' R(W)
AREA = 7493 SO FT
ACRE = 0.1720
EXIST. 15' WIDE P.U.E.EASEMENT
PER PLAT SECTION "L", PAGE 1354 \ \`
JIM SMITH CONTRACTING CO. LLC \
DEED BOOK 1168, PAGE 27
TRACT 4 J
PLAT BOOK "O", PAGE 230—
AREA = 15415 SQ F7
ACRE = 0.3538
STATE OF KENTUCKY, COUNTY OF McCRACKEN
I HEREBY CERTIFY THAT THIS PLAT WAS THIS DAY LOGGED IN MY OFFICE FOR RECORD AND
THAT I HAVE RECORDED SAME WITH THIS AND THE FOREGOING CERTIFICATES IN MY OFFICE.
GIVEN UNDER MY SEAL THIS __LL DAY OF1 tiI, }
AND RECORDED IN PLAT SECTION (4 bl�l PAGE,_
McCRkCKEN COUNWCIDURT CLERK DEPUTY COURT CLERK
PROPERTY OWNERS CERTIFICATE:
"f (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE REAL PROPERTY OWNERS) SHOWN AND
DESCRIBED HEREON AND FREELY GIVE MY (OUR) CONSENT TO SUBDIVIDE THE PROPERTY
SHOWN AND DESCRIBED HEREON."
SIGNAT A 1) DATE
JIM SMI �� T NG COMPANY, LLC
0l 3
L�1a-�VXu., h�i-` � V
SIGNARE-CHAIRMAN DATE
PADUC H-McCRACKEN CO. CONVENTION CENTER CORP.
CERTIFICATE OF ACKNOWLEDGMENT:
STATE OF�<� COUNTY OF ,F r ;
I, CERTIFY A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID,
DO HEREBY THAT THIS PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY a a WHO THEN EXECUTED SAID CERTIFICATE IN MY
PRESENCE AND ACKNOWLEDGED DGED AME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
A ,
SUBSCRIBED AND SWORN T¢ BEFORE � THIS'c IIIIS�DAY OF 20«.
NOTARY PUBLIC SIGNATURE ' ' '� e D MY COMMISSION EXPIRES: L j 1
CERTIFICATE OF ACKNOWLEDGMENT:
STATE OFX_ COUNTY OF I..�,(-'CYA "
I, I ' (, A NOTARY PUBLIC IN AND FOR THE STATE AND COUNTY AFORESAID,
DO HEREBY CERTIFY THAT THI PLAT AND THE FOREGOING CERTIFICATE WAS THIS DAY
PRESENTED TO ME BY Icaf"2, WHO THEN EXECUTED SAID CERTIFICATE IN MY
PRESENCE AND ACKNOWLEDGED SAME TO BE A FREE ACT AND DEED FOR THE PURPOSES
STATED THEREIN.
SUBSCRIBED AND SIGNATURE OBFFOYAaISO
PIM
NOTARY PUBLIC ,MYCOMSEXES5011
'v
M �
'dry LIS `� S27° 42'251
v S59° 54' 13"E
v 48.25'
Cg \—
� w �
TANK
ASPHALT TANK
\ \`�^\\FLOOD PLAIN "X"
\ \ FLOODWALL
\\ °\'\ 1 ST
ZO n� oma
�� \ T_
S FA M-1
�\6xiY \
�y ° ASPHALT
T\�\ ,
Parcel Line Table
Line#
Length
Direction
Ll
4.92
S86' 17'03"W
L2
52.01
N69" 15'30"W
L3
35.56
N69° 15'30'W
L4
88.80
N41" 33'36"E
L5
29.83
N29" 46'31"E
LIS
18.27
S39° 45'53"E
L7
45.13
S29° 57' 03RN
L8
10.00
S24° 51'03'E
L9
81.68
S64° 56'31'W
L10
81.69
S64" 56' 31"W
L11
10.00
S24° 53'24"E
PLANNING AND ZONING
CERTIFICATE OF APPROVAL
UNDER AUTHORITY PROVIDED BY CHAPTER 100 OF THE KENTUCKY REVISED STATUTES AND
ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY,
THIS PLAT HAS BEEN GIVEN APPROVAL AND ACCEPTED BY THE PADUCAH PLANNING AND ZONING
COMMISSION AT A MEETING HELD'
,A
/ PAGE 1354 & PLAT SECTION "L", PAGE 1487
7 / AND DEED BOOK 1061, PAGE 94 N
, BEARINGS SHOWN HEREON ARE
I /•BASED ON KENTUCKY STATE PLANE
CITY OF PADUCAH COORDINATES (SOUTH ZONE)
/i \ PLAT SECTION N. PAGE (ZW W E
Y TRACT 4
x s
/
0
y EXIST. 40' WIDE'STORM
M 7 /
SEWER EASE EGN[JT O
PER PLAT SECTION
°L", PAGE 135
4 20"E
40.00.0 2'' N 89°05'12" E � I11./
- S 88'32'00'E CH: 254.61
CH: 24.88' RAD: 270.00'
RAD: 24.50' ARC: 265.13
THE PADUCAH MCCRACKEN COUNTY
ARC: 26.09 ,. / CONVENTION CENTER CORPORATION
DEED BOOK 646, PAGE 612
/ 7 , DEED BOOK 1064, PAGE 565 \
N 60"57'20" E �� DEED BOOK 1060, PAGE 653
M �
21.76 X PLAT SECTION . PAGE IZGo
- N 31 °48'00" E
26.03'
TRACT2A /
i"G REBAR&
CAP #3117
/
EXIST. PARKING LOT ENCROACHES ONTO
SUBJECT PROPERTY AS SHOWN HEREON
AND AS SHOWN ON PLAT SECTION "L", PAGE
1487 AND IN DEED BOOK 1061, PAGE 98
/ FLOOD PLAIN "AE'
I I ,
I /
CITY OF PADUCAH
�! DEED BOOK 1088, PAGE 548
- PLAT BOOK "L", PAGE 1487 £.
I I >
I I L
I
`
MAG NAIL B-3
�
!ET
S 64°55'50" W
\
3
M-1 2 0.00'
0 R T.B.E.
Z
a B-3
AREA = 401,726 SQ. FT.
ACRE = 9.2224
F 4g) S41" 33'13'W
'? 52.86'
N 55.361 W
6tiORD: 6.27'
RADIUS: 25.00'
ARC: 6.28' i
JG�2q,Y N48" 24' 38'Y��
Q9 10.
REQ G
�O Y
/o
Pp
F
R
N % Q>- CITY OF PADUCAH '
�� \\
FLOOD WALL EASEMENT
DEED BOOK 200, PAGE 357 S45° 41'09"E 6.3
PLAT BOOK "L" PAGE 1487
28"W
rS24° 53'24'E 56.27
S48°
CITY OF PADUCAH \
PLAT SECTION M, PAGE 1260\
TRACT 3B
//^\\ CITY OF PADUCAH
/ \
' CITY OF PADUCAH
/-/ FLOOD WALL PUMP PLAN
REMAINING AREA '\
PLAT BOOK "L", PAGE 1487 `
JIM SMITH CONTRACTING CO. LLC
O Z � --DEED BOOK 1168, PAGE 27
\ 0\ TRACT 3 T
PLAT BOOK 'I:. PAGE 1565
A 7
ACRE 80. 186 \ '.
JIM SMITH CONTRACTING CO. LLC \ \
DEED BOOK 1168, PAGE 27
TRACT 2
PLAT BOOK "L", PAGE 1565
AREA = 224,241 SO FT
ACRE = 5.1479
COPY
SITE
VICINITY MAP
/\ \ CITY OF PADUCAH
\ PLAT SECTION H . PAGE 1Z6o
TRACT3A
\
SPECIAL NOTE:
� S48° 19' 00"E /
156.54' TRACT 2A IS SUBJECT TO RECIPROCATING INGRESSI
/ \ EGRESS AND ACCESS EASEMENT TO SERVE ALL OPEN
vv S41 ° 41'
kI 4.18'
LEGEND
RIGHT-OF-WAY LINE
PROPERTY LINE
— —
ADJOINING PROPERTY LINE
EXISTING EASEMENT LINE
1/2"0 x 18' LONG REBAR W/ PLASTIC CAP
0 STAMPCG %JA113445" (SET UNLESS
NOTED OTHERWISE)
MAG NAIL W/ SHINER
0 'K.J.W.)3445- (SET UNLESS
NOTED OTHERWISE)
0 EXISTING PROPERTY MARKER AS NOTED
A PROPERTY LINE ANGLE POINT
0 "X" CUT IN CONCRETE
EXISTING BUILDING
� I EXISTING BUILDING (OVERHEAR)
L—
It T.B.E. PROPERTY LINE TO BE ESTABLISHED
PER THIS SURVEY
It T.B.A. PROPERTY LINE TO BE ABOLISHED
PER THIS SURVEY
GRAPHIC SCALE
1ao 0 w iw =0 4w
( IN FEET )
I Inch -I OOrt.
UTILITIES NOTES:
1. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH WATER.
2. THE PROPERTY SHOWN HEREON IS SERVED BY SANITARY SEWER SERVICE (JSA).
3. THE PROPERTY SHOWN HEREON IS SERVED BY PADUCAH POWER SYSTEM.
AREAS PER PLAT SECTION VI PAGE 1200
INTENT:
THE INTENT OF THIS WAIVER OF SUBDIVISION PLAT IS TO
ESTABLISH & ABOLISH LOT LINES, TO ESTABLISH A
PIPELINE EASEMENT, AND TO ESTABLISH AN INGRESS/
EGRESS EASEMENT AS SHOWN HEREON.
FLOOD ZONE INFORMATION:
THIS PROPERTY HAS BEEN ZONED FLOOD ZONE AE "1% ANNUAL
CHANCE FLOOD PLAIN" OR X".2% ANNUAL CHANCE" AS SHOWN
ON THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNITY
PANEL NO. 21145CO153F, EFFECTIVE NOVEMBER 2, 2011.
PROPERTY INFORMATION:
CLIENT:
CITY OF PADUCAH, KENTUCKY
P.O. BOX 2267
PADUCAH, KY. 42002-2267
OWNER (TRACT 1):
THE PADUCAH MCCRACKEN COUNTY
CONVENTION CENTER CORPORATION
60513ROADWAY
PADUCAH, KY. 42001
SOURCE OF TITLE:
DEED BOOK 1203, PAGE 240
DEED BOOK 1064, PAGE 561
DEED BOOK 1064, PAGE 565
PLAT REFERENCES:
PLAT BOOK "M" PAGE 851
OWNER:
JIM SMITH CONTRACTING COMPANY, LLC
1108 DOVER ROAD
GRAND RIVERS, KY. 42045
SOURCE OF TITLE:
DEED BOOK 1168, PAGE 27
PLAT BOOK "L" PAGE 1565
PLAT BOOK "L" PAGE 1487
SURVEYOR'S CERTIFICATE:
I DC HEREBY CERTIFY THAT THIS REPRESENTS A BOUNDARY SURVEY AND
COMPLIES WITH 201 KAR 18:150 AND THAT THE BOUNDARY & TOPOGRAPHIC
INFORMATION SHOWN HEREON WAS PERFORMED UNDER MY DIRECT
SUPERVISION BY USING REAL TIME KINEMATIC "RTK" GPS (TOPCON GR3 DUAL
FREQUENCY RECEIVERS) HORIZONTAL INFORMATION IS BASED ON AN
ONLINE POSITIONING USER SERVICE "OPUS' (NAD 83, KENTUCKY STATE
PLANE COORDINATES SINGLE, GEOID 12B) BEARINGS AND DISTANCES
SHOWN HEREON ARE COMPUTED USING GROUND COORDINATES. THE
ACCURACY AND PRECISION OF SAID SURVEY MEETS OR EXCEEDS
SPECIFICATIONS OF AN 'URBAN' SURVEY. DATE OF SLm)(I474
=SIATF d 1<71NUCKY=
WOOD
n
K YI7A IAMY R,c tt3445
JETT WOOD, P.L.S. #3445 - DIA'VcED -
E
THIS PROPERTY IS SUBJECT TO ALL PREVIOUSLY CON
AND EASEMENTS. au,Bni'l'iMId41Th114i�AYS
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