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HomeMy WebLinkAboutOrdinances Book 15, Page 635, No Resolution Number635 A RESOLUTION AUTHORIZING THE MAYOAND CITY CLERK OF THE CITY OF PADUCAH, KENTUCKY, TO EXECUTE, ON BEHALF OF SAID CITY, AS OF JULY 20, 1965, A CONTRACT BETWEEN SAID CITY, THE GREATER PADUCAH INDUSTRIAL DEVELOPMENT ASSOCIATION, INC. AND RELIANCE DIE.CASTING COMPANY, PERTAINING TO THE SALE AND PURCHASE OF ►i- CERTAIN PROPERTY NOW OWNED BY BIG BURLEY REALTY, INC. BE IT RESOLVED BY THE BOARD OF COAAD:SSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized to enter into, on behalf of the City of Paducah, Kentucky, a certain contract as of July 20, 1965, between said City, The Greater Paducah Industrial Development Association, Inc. and Reliable Diecasting Company, pertaining to the sale and purchase of certain property owned by Big Burley Realty, Inc., which contract is in words and figures as follows, to-i:'it: "C 0 N T R A C T "THIS CONTRACT made and entered into by and between THE CITY OF PADUCAH, KENTUCKY, a municipal corporation created and acting pursuant to the laws of Kentucky, hereinafter referred to as 'First Party', the GREATER PADUCAH INDUSTRIAL DEVELOPMENT ASSOCIATION, INC., a non-profit Kentucky corporation hereinafter referred to as 'Second Party' and RELIANCE DIECASTING COMPANY, a Kentucky corporation hereinafter referred to as 'Third Party'; WITNESSETH: "WHEREAS, Third Party is an industrial manufacturing company which intends to open and operate a diecasting plant in Paducah, Kentucky, and desires to finance same through the issuance of industrial revenue bonds pursuant to K.R.S. 103.200 to 103,850, and "WHEREAS, First Party is proceeding with the issuance of said revenue bonds to provide funds for the acquisition of an industrial building and payment of necessary expenses incident thereto for use and occupancy of Third -Party, said property is particularly described in a Deed from James E. King, et al, to Big Burley Realty, Incorporated dated July 9, 1958, and recorded in Deed Book 397, page 190, in the office of the Clerk of the McCracken County Court. Said description is adopted by reference as though copied verbatim herein. "WHEREAS, Second Party has by Contract with Big Burley Realty, Incor- porated, dated May 14, 1965, obtained the possession of the foregoing property, has contracted for and is making alterations and repairs thereon for use by Third Party, and has the right to purchase said property from its present owners, the foregoing purchase contract being of record in Deed Book 467, page 99, in the office of the Clerk of the McCracken County Court. "NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, 636 terms and conditions hereinafter set forth First, Second and Third Parties hereby contract as follows: "Section 1: Unless prevented by law, First Party will issue revenue bonds in the amount of x400,000.00 in accordance with K.R.S. 103,200 to K.R.S. 103.285 to provide the funds for acquisition of the above-described property, and the industrial building located thereon and to pay the necessary costs and expenses incident thereto. "SECTION 2: Third Party will enter into a Lease Purchase Agreement with First Party for the lease and purchase of the above-described property upon such terms and conditions as may be determined by First Party as are required for issuance of the aforesaid revenue bonds and retirement thereof. "SECTION 3: Upon issuance and sale of the bonds, Second Party will convey or cause to be conveyed by general warranty deed tFe above-described property and improvements thereon free and clear of all liens and encumbrances and the First Party will pay to Second Party or on its behalf the following: (a) Such sums paid or payable to BIG BURLEY REALTY, INCORy PORATED by Second Party pursuant to their Contract of May 14, 1965, and recorded in Deed Book. 467, page 99, in the office of the Clerk of the McCracken County Court. (b) The balance of principal and accrued interest of a mortgage infavor of the Small Business Administration and/or the Paducah Bank dated July 9, 1958, and recorded in Mortgage Book 189, page 176, in the office of the Clerk of the McCracken County Court, if the same is not included in the sums set out in paragraph (a) above. (c) Such sums paid or payable for alteration and improve, ment of the industrial building and site contracted for by Second Party to make same suitable and usable by Third Party. (d) All costs and expenses incurred by Second Party in connection with the above including, but not limited to, insurance premiums after I -lay lb, 1965 as per Contract, engineering, legal and miscellaneous. (e) Payment of the foregoing amounts shall not take precedence over First Party's existing contractual or statutory obligations relating to the issuance and sale of the revenue bonds including, but not limited to, fiscal agents fees, cost of preparing, printing, advertising and selling the bonds and advancement of interest there- upon. (f) The total of the sums reflected in paragraphs (a), (b), (c) and (d) above shall constitute the purchase price of the property and at the time of closing Second Party will furnish to First Party an itemized statement of all such sums constituting said purchase price. (g) First Party shall not be liable to pay any amount exceeding the amount received by it from the sale of the aforesaid bonds. "SECTION 4: First Party will continue to proceed with reasonable diligence to effect issuance and sale of the revenue bonds and all parties will execute such documents and take such action as is required to complete performance hereunder without delay. "IN TESTIMONY WHEREOF, the parties have caused this Contract to be executed in triplicate and counterparts by their duly authorized officials 637 as of the 20th day of July, 1965." SECTION 2. This Resolution shall be in full force and effect from and after its adoption. i� Mayor Adopted by the Board of Commissioners July:20, 1965 Recorded by Sarah Thurman, City Cler, July 20, 1965.