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HomeMy WebLinkAboutOrdinances Book 16, Page 310, No Ordinance Number310 � AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY, PROVIDING FOR THE PURCHASE OF CERTAIN LAND LOCATED IN THE DOWNTOWN CIVIC CENTER, URBAN RENEWAL AREA PROJECT, KY -R-30 AND KNOWN AS PARCEL 1, BLOCK 1, FOR THE PURPOSE OF DEVELOPING A MUNICIPAL PARKING No LOT, AND AUTHORIZING PAYMENT OF THE CONTRACT PRICE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be authorized to execute a contract with the Urban Renewal and Community Development Agency of Paducah, Kentucky for the lease and purchase of certain land located in the Downtown Civic Center Urban Renewal Area Project, Ky-R-30, known as Parcel 1, Block 1, in words and figures as follows: "CONTRACT FOR SALE OF LAND IN DOWNTOWN CIVIC CENTER PROJECT, KY -R-30 "THIS CONTRACT, made and entered into as of the _ day of 1967 by and between the URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY, OF PADUCAH, KENTUCKY, a public body and a body corporate and politic, created under the provisions of the Kentucky Revised Statutes, Chapter 99, hereinafter called the "Agency", and the City of Paducah, KENTUCKY, a municipal corporation of the Second Class, hereinafter referred to as "City", WITNESSETH: "WHEREAS, in furtherance of the objective of the Urban Renewal laws of the State of Kentucky pursuant to Kentucky Revised Statutes, Chapter 99, the Agency has undertaken a program of clearance and redevelopment of blighted, deteriorated and deteriorating areas in the City of Paducah, McCracken County, Kentucky, and in this connection has undertaken a project known as the Downtown Civic Center Project, Ky-R-30, No and "WHEREAS, pertaining to said project the Agency has undertaken and approved an Urban Renewal Plan dated October 31, 1964 and approved by the Board of. Commissioner, of the City of Paducah, Kentucky on October 28, 1965, and has been amended by amendment dated December 12, 1966, which plan may be f.urthrr amended and/or modified, and 311 "WHEREAS, a copy of said Urban Renewal plan is on file in the office of the Agency and in the office of the City Clerk. of the City of Paducah, Kentucky and is made a part hereof by reference, and "WHEREAS, the City hereby offers to purchase that part of the project described herein, and further offers to redevelop such land for public uses as specified in said Urban Renewal plan, and "WHEREAS, the Agency on the basis of the foregoing and the undertakings of the City contained in this contract, is willing to sell the land to the City at a predetermined price based on its redevelopment being in accordance with the provisions of the Urban Renewal plan and this Contract and designated for public use, and ii "WHEREAS, the applicable provisions of the Urban Renewal plan have been embodied in a document entitled "Declaration of Restrictive Covenants" dated December 13, 1966, and recorded in Deed Book 483, page 269, in the McCracken County Court Clerk's office, at Paducah,Kentucky: "NOW THEREFORE, for and in consideration of the mutual terms, covenants and provisions and other good and valuable considerations hereinafter set forth, the Agency being authorized so to do, hereby agrees to acquire, sell and convey to the City, and the City, subject to its ability to issue revenue bonds therefor, hereby agrees to purchase from the Agency the following described real estate, located in the Downtown Civic Center, Urban Renewal area Project KY -R-30, in Paducah, McCracken County, Kentucky, to -wit: PARCEL 1, BLOCK 1: i Ij Beginning at the southwest corner of the intersection of Kentucky Avenue and South 3rd Street; thence in a south-erly direction and along the west property line of South 3rd Street, 173.25 feet; thence at right angles and in a Westerly direction 346.5 feet to a point in the East property line of South 4th Street; thence in a northerly' direction and along the West property line of South 4th Street 173.25 feet to the Southeast intersection of South 4th Street and Kentucky Avenue; thence at right angles and along the South property line of Kentucky Avenue in an Eacterly direction .346.5 feet to the point of beginning. it Being a part of the same property conveyed to the Agency by the City of Paducah, Kentucky by deed dated April 12, 1_966 and recorded in Deed Book 476, page 488 in the !lcCracken County Court Clerk's office. Also being the same property conveyed to the Agency by F. T. Goode et ux by deed date: April 26, 1966 and recorded in Deed i Look 476, page 639 in the aforesaid Clerk'n office. Also t;eing the same property conveyed to the Agency by Gus T. Smith, et ux by :seed dated April 25, 1966, and recorded in Deed P.00k 478, page 4 in the aforesaid Clerk's office. f� 1 312 Which property shall be subject to all easements of record and such easements as shall be made necessary by the accomplishment of the Urban Renewal plan and the redevelopment of the described property in accordance with the rules and regulations of the Agency now existing or hereafter adopted. And upon the following terms and conditions: 1. General Terms of Conveyance of Property: (a) The City agrees to pay the agency as the full purchase price and monetary consideration for the above described parcel of land the predetermined price of $90,000.00. Such payment shall be in cash, or by such check as shall be satisfactory to the Agency. The Agency shall convey to the City, upon payment of the full purchase price by said City, title to the property by deed with the greatest warranty of title permitted by law which deed shall contain conditions, covenants and restrictions set forth or re- ferred to elsewhere in this contract and shall be subject to the "Declaration of Restrictive Covenants" dated December 13, 1966, and recorded in Deed Book 483, page 269, in the Mc- Cracken County Court Clerk's office, and to such a state of facts as an accurate survey of the property might reveal. The Agency shall deliver the deed and possession to the entire tract of the property at such time as it can lawfully do so and the conveyance shall be made at the office of the Agency at which time said Agency shall accept the full purchase price therefor. 2. Preparation of Property (a) The Agency shall, prior to the conveyance of the entire property and without expense to the City, proceed with- out delay to acquire all tracts within said entire des- criptive area and prepare the same for redevelopment in accordance with Urban Renewal plan. 3. Construction of Improvements (a) The City will redevelop the property by construction there- on of a public parking lot and related facilities hereinafter called improvements and all plans and specifications and all work by the City with respect to such redevelopment of the property and the construction or the making of other im- provements thereof, if any, shall be in conformity with the Urban Renewal plan, this contract, and all applicable state and local laws. All such plans shall be subject to approval by formal action of the agency which shall be submitted in sufficient completeness and detail to show that the improvements and construction thereof will be in accordance with the provisions of the Urban Renewal plan and the agreement. (b) The City agree: for itself, its successors and assigns and every successor in interest to the property or any part thereof that the deed shall contain covenants on the part of the City for itself and such ouccessors and assigns, that the City shall begin the rcdevelopmetit of the property through the construction of .improvements thereon imme- diately after delivery of the deed and possession thereof by the agency, and the City ,hall therewith diligently proceed to complete such construction within months from such date. 313 It is intended and agreed, and the deed shall so expressly provide, that the agreements and covenants of this contract pertaining to the improvements shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or desig- nation legal or otherwise, and except only as otherwise specifically provided in the contract, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the Agency and enforceable by the Agency against the City, its successors and assigns, and every successor in interest to the property, or any part thereof or any interest therein. 4. Reports on Progress (a) 'Subsequent to conveyance of the property or any part thereof to the City, and until construction of the improvements has been completed, the City shall, upon written request of the Agency, make, in such detail as may reasonably be required by the Agency, and forward to the Agency a report in writing as to the actual progress of the City with respect to such construction. During such period, the work of the City shall be subject to inspection by the Agency. 5. Certificate of Completion (a) Promptly after completion of the improvements in accor- dance with the provisions of the contract, the Agency shall furnish the City with an appropriate instrument so certify- ing. Such certification by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the contract and in the Deed with respect to the obligations of the City, its successors and assigns, and every successor in interest to the property, to construct the improvements and the dates for the beginn-' ing and completion thereof. All certifications provided' for in this section shall be in such form as will enable them to be recorded with the McCracken County Court Clerk. 6. Restrictions on Land Use: (a) The City agrees for itself, its successors and assigns, and every successor in interest to the property, or any part thereof, and the deed shall contain covenants on the part of the City for itself, and such successors and assigns, that the City, and such successors and assigns, shall: (1) Devote the property to, and only to and in accord- ance with, the uses specified in the Urban Renewal pian, as the same may hereafter be amended and extended from time to time; and (2) tiot discriminate upon the basis of race, color creed, or national origin in the :;ale, lease, or rental or in the use or occupancy of the property or any improvements erected or to he erected thereof, or any part thereof. (i:) Effects of Covenants! Period of Duration It is intended and agreed, and the deed shall so expressly provide, that the agreements and covonents provided in this Section 6, shall be covenants running with the Land and that they sr.al1, in any event, and without regard to technical classification or designation., legal or other- 314 wise, and except only as otherwise specifically provided in this Contract, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City, and the United States (in the case of the covenant provided in subdivision (2) of paragraph (a) of this Section 6, against the City, its successors and assigns, and every successors in interest to the property or any part therein, and any party in possession or occupancy of the property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subdivision (1) of paragraph (a) in this Section 6, shall remain in effect until Jan- uary 1, 1985 (at which time such agreement and covenant shall terminate), and (b) in subdivision (2) of such paragraph (a) shall remain in effect without limitation as to time. (c) Enforceability by Agency and United States. If amplification, and not in restriction, of the provisions of paragraph (b) hereof, it is intended and agreed that the Agency shall be deemed a'beneficiary of the agree- ments and covenants provided in paragraph (a) hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of paragraph 6, both for and in their or its own right and also for the purpose of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. such agreements and covenants shall (and the deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (2) of paragraph (a) hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. 7. Prohibition Against Transfer of Property and Assignment: (a) The City has not made or created, and will not, prior to the proper completion of the improvements, as certified by the Agency, make or create, or suffer to be made or created, (a) any total or partial sale, conveyance, or Lease of the property, or any part No thereof or interest therein, or (b) any assignment of this Contract, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior written approval of the Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assumption by the proposed transferee, by in- strument in writing, for itself and its successors and assigns, and for the benefit of the Agency, of all obligations of the City under this contract. 8. Notice of Default. (a) In the event of any default under or breach of any of the terms or conditions of this contract by either party hereto, or any successor or assign of, or successor in interest to, the property, such party or successor shall upon written notice from the other proceed to remedy or cure such default or breach within thirty (30) days after receipt of such notice. In case such action is not taken or diligently pursued or the default or breach shall not be cured or remedied within a reason- able time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach or to obtain damages therefor, including but not limited to proceedings to compel specific performance by the party in default or breach oZ its obligations. 9. Termination by City (a) In the event that the Agency does not tender conveyance of the property or possession thereof in the manner and condition, provided in this contract and any such failure shall not be cured within thirty (30) -days after written demand by the City, then this contract shall at the option of the City be terminated, and neither the agency nor the City shall have any further rights against or liability to the other under this contract. 10. Termination by Agency (a) In the event that prior to conveyance of the property to the City and in violation of this contract the City (and any successor in interest) assigns or attempts to assign this contract or any rights herein or in the property, or the City does not pay the purchase price for and take title to the property upon proper tender of conveyance by the Agency pursuant to this contract, then the agree- ment and any rights of the City or any successor or assign of the City or transferee of the property under this contract or arising therefrom with respect to the Agency or the property, shall at the option of the Agency be terminated by the Agency. In such event, except .for the right of the Agency to demages for such breach afforded by law, neither the City (or assignee or trans- feree) nor the Agency shall have any further rights against or liability to the other under the Agreement. 11. Delays beyond Control of Parties (a) For the purposes of this contract, neither the Agency nor the City, as the case may be, nor any successor of either of them shall be considered in breach of or in default under its obligations with respect to the preparation of the property for redevelopment, or the beginning and completion of construction of the improvements, or progress in respect thereto in the event of enforced delay in the performance of such obligations due to unforseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of Cod, acts of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, litigation freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes; it being the purpose and intent of this provision that, in the event of. the occurrence of any such enforced delay, the time or tires for performance of the obligations of the Agency with respect to construction of the improvements, as the case may be, shall be extended for the period of the en- forced delay; provided, that the party seeking the benefit of the provision of this section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause of causes thereof and requested an extension for the period of the en- forced delay. 316 12. Rights and Remedies Cumulative (a) The rights and remedies of the parties to this contract, whether provided by law or by this contract, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either party with respect to the performance, or' manner or time thereof, or any ob- ligation of the other party or any condition to its own obligation under this contract shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No such waiver shall be valid unless it is in writing duly signed by the party waiving the right or rights. 13. Conflict of Interest (a) No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in this contract, nor shall any such member., official, or employee participate in any decision relating to this contract, which affects his personal interest or the interest of any corporation, partnership, or associa- tion in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be per sonally liable to the City or.any successor in interest in the event of any default or breach -of the Agency or for any amount which may become due to the City or successor or on any obligations under the terms of this contract. 14. Equal Employment Opportunit (a) The City, for itself, and its successors and assigns, agrees that it will include the following provisions of this section 14 in every contract or purchase order which may here- after be entered into between the City and any party (herein after in this section called "Contractor") -for on in connection with the construction of the improvements, or any part thereof, provided for in this contract; unless such contract or purchase order is exempted by rules, regula- tions, or orders of -the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965: "Sec. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees with the City as follows: (b) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by the Agency setting forth the provisions of this non-discrimination clause. 317 (c) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to,.xace, creed, color, or national origin. (d) The Contractor will send to each. labor union.or representative of workers with which the Contractor has a collective bar- gaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or worker's representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the contractor's books, records, and accounts by the Agency., the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with precedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. I (h) The Contractor will include the provisions of paragraphs fi (b) through (h) of this Section 14, in every subcontract or purchase order unless exempted by rules, regulations, or orders of the secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor,: The Contractor will take such II action with respect to any construction contract, sub- contract, or purchase order as the Agency or the Depart- ment of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, However, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Urban Levelopment, the Contractor may request- the United States to enter into such litigation to protect the interest of the United States." For the purpose of including such provisions, in any construction contract or purchase order, as required by this Section 14, the term "City" and the term "Contractor" may be changed to reflect appropriately the name or designation of the parties to such contract or purchase order. 15. Notice. (a) A notice or communication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by registered mail, postage prepaid, return receipt requested, and (b) in the case of a notice or communication to the City, is addressed as follows: City Manager, City Hall, City of Paducah, Kentucky, 42001 and (c) in the case of a notice or communication to the Agency, is addressed as follows: Executive Director Urban Renewal and Community Development Agency, City Hall City of Paducah, Kentucky 42001 and or is addressed in such other way in respect to either party as that party may, from time to time, designate in writing dispatched as provided in this section. 16. Agreement Survives Conveyance. (a) None of the provisions of this contract is intended to or shall be merged by reason of any deed transferring title to the property from the Agency to the City or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this contract. IN WITNESS WHEREOF, the Agency has caused this contract to be duly executed in its behalf and attested; and the City has caused the same to be duly executed in its behalf, on or as of the day and year first above written ATTEST: Executive Director ATTEST: City Clerk STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY By: Chairman CITY OF PADUCAH, KENTUCKY By: Mayor 318 I, , a Notary Public in and for the state and county aforesaid hereby certify that the foregoing CONTRACT FOR THE SALE OF LAS:D I77 DOWl:TO'. P, CIVIC CENTER PROJECT, YY -R-30 between the URBAN PLI;EWAL AliD CO"LMUNITY DEVELOPMENT AGENCY, of. Paducah, Kentucky and the CITY OF PAD!ICAH,KENTUCKY was produced before me in my state and county by Thsmas`A. Wilson and Sarah Thurman, Mayor and City Clerk, respectively, of the City of Paducah, Kentucky, and acknowledged by them to be their 319 duly authorized act and deed for the purposes therein set out on the day of 1967. My Commission expires: -Notary Public r. , STATE OF KENTUCKY ) COUNTY OF Mc CRACKEN ) I, -a Notary Public in and for the state and county aforesaid hereby certify that the foregoing CONTRACT FOR THE SALE OF LAND IN DOIINT014N CIVIC CENTER PROJECT, KY -R-30 between the URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY, of Paducah, Kentucky, and the CITY OF PADUCAH, KENTUCKY, was produced before me in my state and county by Norman A. Parrott, M.D., and James J. McGraw, Chairman and Executive Director, respectively, of the Urban Renewal and Community Development Agency, and acknowledged by them to be their duly authorized act and deed for the purposes therein set out on the _ day of 1967. My Commission expires: Notary Public " ' SECTION 2. That execution of the foregoing contract be contingent upon approval and sale of the revenue bond issue in the amount of $125,000.00 to provide funds for purchasing and developing said property. SECTION 3. That upon execution of the contract, issuance and sale of said revenue bonds, and delivery of the deed according to the terms of the contract, the City Manager and Senior Treasurer are hereby authorized to pay the sum of $90,000.00 for the purchase of the property from the proceeds of the sale of said bond issue. SECTTON 4. This ordinance shall be introduced and remain on file for at least one (1) week for public inspection in the completed form in which it shall be put upon i.ts final passage, and if adopted shall be in full force and effect ten (10) dayo thereafter. Mayor Introduced by the Board of Corrr:issioncrs September 1.3, 1967 Passed by the Board of Cocmissioners September 26, 1967 Recorded by Sarah Thurman, City Clerk, September 26, 1967.