HomeMy WebLinkAboutMO #2223NIMCMAL ORDER NO. 2223
A MUNICIPAL ORDER APPROVING AND AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH BRANDI HARLESS AND HUSBAND, ADAM MOYERS GRANTING AN
EXTENSION OF TIME UNTIL JULY 31,2020, FOR COMPLETING THE REHABILITATION OF
REAL PROPERTY LOCATED AT 421 NORTH 5' STREET
WHEREAS, Brandi Harless and husband, Adam Moyers (hereinafter called the "Owners"),
purchased a parcel of real estate located at 421 North 5"' Street from the City of Paducah by deed dated
September 23, 2015 approved by Ordinance No. 2015-9-8299; and
WHEREAS, this property is located in the Lower Town Historical District (hereinafter
referred to as "HARC"), and all proposals must meet the standards for historical rehabilitation promulgated by
the Secretary of Interior and be approved by the Historical and Architectural Review Commission of Paducah,
Kentucky; and
WHEREAS, this property contained a reversion clause that if the project is not completed
within eighteen months from transfer, the property would revert to the City; and
WHEREAS, through efforts of the Owners regarding the 421 North 5th property, they have
cleaned and stabilized the property, installed a new roof, repainted brick, anon -historic deck has been removed
from the front of the structure; and
WHEREAS, the Owners requested and received a one-year extension of time ending upon
November 14, 2018, approved by Municipal Order No. 2042; and
WHEREAS, the Owners also during this time period completed an extensive rehabilitation of
downtown properties located at 224-226 Broadway which required their efforts and capital to be committed
longer than anticipated; and
WHEREAS, to complete the rehabilitation of 421 North 5th Street additional time is
necessary, which a detailed schedule submitted by the Owners projects a completion date of July 31, 2020,
therefore the Owners request an extension of the reversion clause from the City; and
WHEREAS, the City of Paducah after reviewing the work done to stabilize and upgrade the
structure and being cognizant of the completion of rehabilitation of the two structures on Broadway as set out
above, agree to extend the period to July 31, 2020; and
WHEREAS, all parties involved have reached understandings and now wish to memorialize
their understandings by entering into a written Memorandum of Understanding.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY as follows:
Section 1. Authorization. The Board of Commissioners of the City of Paducah hereby
approves and the Mayor Pro Tem of the City of Paducah, Kentucky, is hereby authorized and directed to
enter into a Memorandum of Understanding (this "MOU") between City and Brandi Harless and Adam
Moyers granting an extension of time to July 31, 2020, to complete the rehabilitation of real property
located at 421 North 5v' Street in substantially the form attached hereto as Exhibit A and made a part
hereof. It is hereby found and determined that this MOU is to be entered into in furtherance of proper
public purposes of City and that it is necessary and desirable and in the best interests of City to enter into
this MOU for the purposes therein specified.
Section 2. Severability. If any section, paragraph or provision of this Order shall be held to
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
This is a Memorandum of Understanding (Agreement) made and entered into on the day
of March, 2019, by and between the City of Paducah, (the "City") and Brandi Harless and husband,
Adam Moyers, (the "Owners") of 421 North 5a' Street.
WHEREAS, Brandi Harless and husband, Adam Moyers (hereinafter called the "Owners"),
purchased a parcel of real estate located at 421 North 5th Street from the City of Paducah by deed dated
September 23, 2015 approved by Ordinance No. 2015-9-8299; and
WHEREAS, this property is located in the Lower Town Historical District (hereinafter referred
to as "HARC"), and all proposals must meet the standards for historical rehabilitation promulgated by
the Secretary of Interior and be approved by the Historical and Architectural Review Commission of
Paducah, Kentucky; and
WHEREAS, this property contained a reversion clause that if the project is not completed
within eighteen months from transfer, the property would revert to the City; and
WHEREAS, through efforts of the Owners regarding the 421 North 5th property, they have
cleaned and stabilized the property, installed a new roof, repainted brick, anon -historic deck has been
removed from the front of the structure; and
WHEREAS, the Owners requested and received a one-year extension of time ending upon
November 14, 2018 approved by Municipal Order No. 2042; and
WHEREAS, the Owners also during this time period completed an extensive rehabilitation of
downtown properties located at 224-226 Broadway which required their efforts and capital to be
committed longer than anticipated; and
WHEREAS, to complete the rehabilitation of 421 North 5th Street additional time is necessary,
which a detailed schedule submitted by the Owners projects a completion date of July 31, 2020,
therefore the Owners request an extension of the reversion clause from the City; and
WHEREAS the City of Paducah after reviewing the work done to stabilize and upgrade the
structure and being cognizant of the completion of rehabilitation of the two structures on Broadway as
set out above, agree to extend the period to July 31, 2020
NOW, THEREFORE, all parties involved have reached understandings and now wish to
memorialize their understandings by entering into a written Memorandum of Understanding, the legal
adequacy and sufficiency of which Is hereby acknowledged by the parties hereto, the parties do
covenant and agree as follows:
A. Owners agree to the following:
1. Owners shall forthwith proceed to complete the rehabilitation as approved by the HARC
Board.
2. Owners shall complete the project by July 31, 2020 or the terms set out in the reversion
clause in the vesting deed.
If the above conditions are complied with by Owners,
B. CITY agrees to the following:
1. The City does hereby agree to amend the reversion clause to extend the period for Owners to
complete the rehabilitation to July 31, 2020.
2. The City shall file for record a copy of this Memorandum to give notice of the modification
of Owners' Deed In the McCracken County Court Clerk's Office.
C. Miscellaneous Provisions. The following miscellaneous provisions shall apply:
1. Assienment. This Agreement shall be binding upon and shall be to the benefit of the parties
hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Owners
shall not assign its rights and obligations hereunder, in whole or in part, without the prior consent of the
City, but in no event, shall any assignment hereunder release or relieve Owners from any obligations of
this Agreement for which Owners shall remain fully bound to City.
2. Merger Clause. It is agreed and understood between the parties that this Agreement
represents the entire and exclusive agreement between the parties, and that all prior representations,
covenants, warranties, understandings and agreements are merged herein. This Agreement may only be
modified in a writing executed by all parties hereto.
3. Construction. This Agreement shall be governed and construed under the laws of the
Commonwealth of Kentucky.
4. Assurances. The City and the Owners agree to execute such further documents and
instruments as shall be necessary to fully carry out the terms of this Agreement.
5. Amendments. This Agreement may not be modified or amended unless by a writing signed
by both parties hereto
6. Execution and Delivery. This Agreement shall be of no force or effect unless and until it
shall have been executed by both the City and the Owners.
7. Time. All times referred to herein shall be strictly construed, as all of such times shall be
deemed of the essence.
WITNESS signatures of the parties as of the year and date first above written.
CITY:
CITY OF PADUCAH, KENTUCKY
By
Richard Abraham, Mayor Pro Tem
OWNERS:
BRANDI HARLESS AND HUSBAND, ADAM MOYERS
By
Brandi Harless
By
Adam Moyers