No preview available
HomeMy WebLinkAboutCCMPacket2013-03-26CITY COMMISSION MEETING AGENDA FOR MARCH 26, 2013 5:30 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS INTRODUCTION OF NEW EMPLOYEES IN THE FIRE DEPT. — FIRE CHIEF KYLE I. MINUTES II. MUNICIPAL ORDERS A. Personnel Changes B. 2013/2014 CDBG: Center Point Recovery Center — S. ERVIN C. Approval of Documents for Teletech Project — CITY MGR III. CITY MANAGER REPORT IV. COMMISSIONER COMMENTS V. PUBLIC COMMENTS VI. EXECUTIVE SESSION CITY OF PADUCAH March 26, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Date CITY OF PADUCAH PERSONNEL ACTIONS March 26, 2013 11I' tA 1H91 C.Art o1ilL� kifzI�113U'A_I PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE AND BASE RATE OF PAY AND BASE RATE OF PAY FIRE SUPPRESSION Dalbey, Caleb M. Acting Fire Lieutenant Firefighter/Relief Driver NCS Non -Ex January 28, 2013 $15.23/Hr $14.00/Hr Agenda Action Form Paducah City Commission Meeting Date: March 26, 2013 Short Title: 2013/2014 CBDG: Center Point Recovery Center ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Cheryl Meadows, Audra Herndon, Presentation By: Steve Ervin Background Information: In 2006, under Ordinance 2006-4-7107, the City of Paducah, accepted a Community Development Block Grant (CDBG) Award from the Kentucky Department for Local Government in behalf of subrecipient Four Rivers Behavioral Health for the Center Point Recovery Center project, of which the grant agreement expired on June 30, 2012. The Kentucky Department for Local Government has a requested a proposal for Center Point Recovery Center for the fiscal year July 1, 2013 to June 30, 2014. It is the desire of the Planning Dept. to submit an application in the amount $250,000 for public services in behalf of Four Rivers Behavioral Health's Center Point Recovery Center project for salaries. There is no local match. Administration Fee of $12,500 will be paid to the city for maintaining and monitoring this funding. A public hearing to discuss the project/application and solicit public comment will be held on April 9,2103 at 1:00 p. m. in the Commission Chambers. If the Commission desires to submit the application, it must authorize and direct the Mayor or Mayor's designee to sign all the required grant application documents. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Project Number: Staff Recommendation: Approval Attachments: 7 �Z�LLhi� Department Head City Clerk a City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $250,000 FROM THE OFFICE OF THE GOVERNOR'S DEPARTMENT FOR LOCAL GOVERNMENT FOR THE FOUR RIVERS RECOVERY CENTERPOINT PROJECT BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION L The Mayor is hereby authorized to execute an application and all documents relating to same, requesting a Community Development Block Grant from the Office of the Governor Department for Local Development in the amount of $250,000 on behalf of Four Rivers Behavioral Health for the Four Rivers Centerpoint Recovery Center. A local match is not required. An administration fee of $12,500 will be paid to the City for maintaining and monitoring this funding. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners March 26, 2013 Recorded by Tammara S. Sanderson, City Clerk, March 26, 2013 \mo\grants\edbg-four rivers recovery center project 2013 157990 Agenda Action Form Paducah City Commission Meeting Date: March 26, 2013 Short Title: Authorizing the consummation of a ground lease with GPEDC and the assumption of the obligations of GPEDC under a certain lease agreement dated January 1, 2013 with Teletech Services Corporation in regard to the Teletech project. ❑ Ordinance ❑ Emergency X Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: The City and the County has previously determined that it is a public purpose of the City and the County to achieve long-term economic growth and employment opportunities for its citizens. In order to accomplish this public purpose, the City and the County desire to provide financial support, in accordance with an Interlocal Cooperative Agreement to be entered into among the City and the County, for the construction and installation of a customer care contract center building and associated parking lot (the "Project Improvements") on a certain tract of land within the Paducah Commerce Park (the "Project Site") owned by G.P.E.D.C., Inc., ("GPEDC"). The Project Site and Project Improvements shall be collectively referred to as, the 'Project." The Project has been leased by GPEDC to TeleTech Services Corporation ("TeleTech"), whom will locate and operate general and administrative offices for a customer care center with technical support capabilities and will bring approximately 450 new full-time jobs to Paducah, McCracken County. To facilitate the financing of the Project by the City and the County, GPEDC, the City, and the County have agreed to entered into a ground lease whereby the City and the County will lease the Project Site for a term of 99 years from GPEDC for a nominal consideration and will assume the obligations of GPEDC under that certain lease agreement with TeleTech dated January 1, 2013. Therefore, I seek approval from the City Commission to enter into and have the Mayor execute (1) the Ground Lease from GPEDC, as Ground Lessor, to the City and the County, collectively, as Ground Lessee, in substantially the form attached hereto as Exhibit A; and (2) the Assignment Agreement from GPEDC, as assignor, to the City and the County, collectively, as assignee, in substantially the form attached hereto as Exhibit B. Agenda Action Form Goal: XStrong Economy ❑ Quality Services❑ Vital Neighborhoods[] Restored Downtowns Funds Available: Account Name: Account Number: =Finance Staff Recommendation: Attachments: Department Head City Clerk City Manager 157542 ASSIGNMENT AGREEMENT FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged by the parties hereto, G.P.E.D.C., INC., doing business under the assumed name of the GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, INC., a Kentucky not -for -profit -corporation (the "Assignor" herein), does hereby sell, transfer and assign unto CITY OF PADUCAH, KENTUCKY, a municipal corporation of the second class existing under the laws of the Commonwealth of Kentucky, and a body politic and corporate, and COUNTY OF MCCRACKEN, KENTUCKY, a body politic and corporate (collectively, the "Assignee" herein), all of Assignor's rights, title, interests, warranties, covenants, duties, obligations and undertakings under the following lease (hereinafter referred to as the "Lease"): • A Lease Agreement dated January 1, 2013, executed between Assignor (as Lessor) and TeleTech Services Corporation, a Colorado corporation, (as Lessee) for the lease of the real property known as Tract 30 of Section VI, in the Paducah Information Age Park Subdivision. The full text of the Lease is attached as Exhibit A to this Assignment. The terms hereof shall extend to and shall be binding upon the parties hereto, and their respective legal representatives, successors and assigns. DATED this _ day of 12013, ASSIGNOR: G.P.E.D.C.,INC. Ln ASSIGNEE: CITY OF PADUCAH, KENTUCKY M COUNTY OF MCCRACKEN, KENTUCKY M STATE OF KENTUCKY COUNTY OF MCCRACKEN The foregoing instrument was swom and acknowledged before me this day of , 2013, by (title) of G.P.E.D.C., INC., doing business under the assumed name of GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, INC., a Kentucky not-for-profit corporation, on behalf of said corporation, Assignor. My commission expires NOTARY PUBLIC, STATE AT LARGE STATE OF KENTUCKY COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of 2013, by (title) of CITY OF PADUCAH, KENTUCKY, a municipal corporation of the second class existing under the laws of the Commonwealth of Kentucky, and a body politic and corporate, on behalf of said entity, Assignee. My commission expires NOTARY PUBLIC, STATE AT LARGE STATE OF KENTUCKY COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of 2013, by I (title) of COUNTY OF MCCRACKEN, KENTUCKY, a body politic and corporate, on behalf of said body, Assignee. My commission expires NOTARY PUBLIC, STATE AT LARGE This instrument prepared by: DENTON & KEULER, LLP P. O. Box 929 Paducah, KY 42002-0929 EXHIBIT A SEE ATTACHMENT 158041 GROLND LEASE AGREEMENT Between the G.P.E.D.C., INC. As Ground Lessor And COUNTY OF MCCRACKEN, KENTUCKY and CITY OF PADUCAH, KENTUCKY As Ground Lessee Dated as of 2013 THIS GROUND LEASE AGREEMENT, dated as of 2013 (this "Ground Lease"), by and between G.P.E.D.C„ INC., doing business under the assumed name of Greater Paducah Economic Development Council, Inc., a Kentucky not-for-profit corporation, with a principal mailing address of P O Box 1155, Paducah, KY 42002-1155, as ground lessor (the "Ground Lessor"), and COUNTY OF MCCRACKEN, KENTUCKY, a county and political subdivision of the Commonwealth of Kentucky, whose legal address is 301 South Sixth Street, Paducah, Kentucky 42003, and CITY OF PADUCAH, KENTUCKY, whose legal address is, Post Office Box 2267, Paducah, KY 42002-2267, (collectively the "Ground Lessee"); WITNESSETH: WHEREAS, the Ground Lessor desires that the land described in attached Exhibit A and made a part hereof (the "Project Site") be leased to Ground Lessee for the term hereinafter set forth in consideration of the Ground Lessee financing the construction and installation of a customer care contact center building and associated parking lot (the 'Project Improvements"); and WHEREAS, pursuant to the terms of a Lease Agreement dated as of January 1, 2013, (the "Lease"), and assigned to Ground Lessee by assignment agreement dated , 2013, the Ground Lessee, as lessor, will lease the Project Site and Project Improvements (collectively, the 'Project") to TeleTech Services Corporation, as tenant. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I DEMISE OF PROJECT SITE AND WARRANTIES Section 1.01. Demise. Subject to and upon the terms, conditions, covenants and undertakings hereinafter set forth, Ground Lessor hereby leases to Ground Lessee, and Ground Lessee hereby leases from Ground Lessor, the Project Site legally described in the attached Exhibit A, located in McCracken County, Kentucky. Section 1.02. Ground Lessor's Representations and Warranties. Ground Lessor represents and warrants to and with the Ground Lessee that, as of the date hereof: (1) Ground Lessor has good and merchantable fee title to the Project Site, has authority to enter into, execute and deliver this Ground Lease, and has duly authorized the execution and delivery of this Ground Lease; (2) The Project Site is not subject to any dedication, easement, right of way, reservation, covenant, condition, restriction, lien or encumbrance which would prohibit or materially interfere with the operation of the Project thereon, as contemplated by the Lease; (3) All ad valorem taxes, assessments or impositions of any kind with respect to the Project Site, if any, except current taxes, have been paid in full; and (4) There are no liens outstanding against the Project Site which have or will remain liens against the Project Site upon execution and delivery of this Ground Lease, except for the mortgage from G. P. E. D.C., Inc. to Kentucky Economic Development Finance Authority in the face amount of $3,500,000.00; and the mortgage from G.P.E.D.C., Inc. to First Park Partners, Limited Partnership in the face amount of $1,550,000.00 (collectively the "Mortgage Liens"). Section 1.03. Ground Lessee's Warranties. Ground Lessee covenants and warrants to Ground Lessor that Ground Lessee is duly organized and validly existing under the laws of the Commonwealth of Kentucky, is authorized to conduct business in the Commonwealth of Kentucky, and has authority to enter into, execute and deliver this Ground Lease and the Lease, and has duly authorized the execution and delivery of this Ground Lease. ARTICLE II TERM, RENT, AND TAXES Section 2.01, Term. The term of this Ground Lease shall commence as of the day and year this Ground Lease is entered into, and shall end on December 1, 2l 12. Section 2.02. Rent. The rent shall be One Dollar ($1.00) payable in one installment in advance on the date hereof. Section 2.03. Lease. In further consideration of the authorization, execution and delivery of this Ground Lease by each of the parties, the parties have entered into the Lease, and agreed to cavy out and perform their obligations thereunder. Section 2.04. Taxes. All ad valorem taxes, assessments or impositions of any kind with respect to the Project Site for the current tax year and for each taxable year thereafter, if any, shall be paid in full by Ground Lessor. All ad valorem taxes, assessments or impositions of any kind with respect to the Project Improvements for the current tax year and for each taxable year thereafter, if any, shall be paid in full by Ground Lessee. ARTICLE III USE OF PROJECT SITE; ADDITIONAL COVENANTS Section 3.01. Use. Ground Lessee shall not use the Project Site for any unlawful purpose. If the Lease is terminated as a result of an Event of Default, Ground Lessee may terminate this Ground Lease prior to its stated Term and thereupon use the Project Site for any lawful purpose. In such event, Ground Lessor covenants that it shall execute such instrument or instruments as may be necessary to convey good and marketable fee simple title, subject to the Mortgage Liens, to Ground Lessee for and in consideration of $1.00. Section 3.02. Quiet Enj_oymen . Ground Lessor covenants that upon Ground Lessee's paying the rent reserved herein, and performing all conditions and covenants set forth in this Ground Lease, Ground Lessee shall and may peaceably have, hold and enjoy the Project Site for the term of this Ground Lease. Ground Lessor covenants that upon expiration of this Ground Lease, 2- either on the date specified in Section 2.01 hereof or earlier pursuant to the terms of this Ground Lease, it shall execute such instrument or instruments as may be necessary to convey good and marketable fee simple title, subject to the Mortgage Liens, to Ground Lessee for and in consideration of $1.00. Section 3.03. Assignment and Subletting. The Ground Lessee may sublet, mortgage or otherwise encumber the Project Site, without the consent of Ground Lessor. Section 3.04. Alterations and Improvements. The Ground Lessee shall have the right to construct the Project Improvements and any other improvements or alterations to the Project Site that the Ground Lessee deems necessary, in its sole discretion, for the operation of the Project. The Project Improvements and all improvements and/or alterations made to the Project Site shall remain the property of the Ground Lessee following the expiration or termination, for any reason, of this Ground Lease. ARTICLE IV DEFAULT: REMEDIES Section 4.01. Default. The failure of either Ground Lessee or Ground Lessor to observe or perform any obligation provided herein shall constitute an 'event of default" or a "default" hereunder; Section 4.02. Remedies. Upon the Occurrence of an event of default, by defaulting party, which shall remain uncured for thirty (30) days after receipt of written notice of such event of default, non -defaulting party may thereafter or any time subsequently during the existence of such breach or default seek damages for the breach in law or equity. In the event of the Ground Lessor's breach, the Ground Lessee shall have the right to terminate this Ground Lease and the Ground Lessor shall execute such instrument or instruments as may be necessary to convey good and marketable fee simple title, subject to the Mortgage Liens, to Ground Lessee for and in consideration of $1.00. ARTICLE V ADMINISTRATIVE PROVISIONS Section 5.01. BindingEffect. ffect. This Ground Lease shall be binding upon, and inure to the benefit of, the parties hereto, and their successors and assigns. Section 5.02. Applicable Law. This Ground Lease shall be interpreted and enforced in accordance with the laws of the Commonwealth of Kentucky. Venue shall be with the McCracken Circuit Court. [See next page for signatures.] -3- IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease as of the date first above written. Attest: By: Title: Fiscal Court Clerk Attest: B y: Title: City Clerk G.P.E.D.C., INC. m Title: COUNTY OF MCCRACKEN, KENTUCKY Title: Judge/Executive CITY OF PADUCAH, KENTUCKY RV. Title: Mayor -4- COMMONWEALTH OF KENTUCKY ) ) ss COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2013, by (title) of G.P.E.D.C., INC., doing business under the assumed name of GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL, INC., a Kentucky not-for-profit corporation, on behalf of said corporation, the Ground Lessor. My commission expires NOTARY PUBLIC, STATE AT LARGE COMMONWEALTH OF KENTUCKY ) ) Ss COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2013, by , Judge Executive, of COUNTY OF MCCRACKEN, KENTUCKY, on behalf of said entity, the Ground Lessee. My commission expires NOTARY PUBLIC, STATE AT LARGE COMMONWEALTH OF KENTUCKY ) ) ss COUNTY OF MCCRACKEN ) The foregoing instrument was sworn and acknowledged before me this day of , 2013, by , Mayor, of CITY OF PADUCAH, KENTUCKY, on behalf of said entity, the Ground Lessee. My commission expires -5- NOTARY PUBLIC, STATE AT LARGE This instrument prepared by: Denton & Keuler, LLP P O Box 929 Paducah, KY 42002-0929 M EXHIBIT A Being Tract 30, of Section VI, in the Paducah Information Age Park Subdivision, as shown on the plat of said subdivision of record in Plat Section "K," page 444, in the McCracken County Court Clerk's office. Being part of the same property conveyed to the G.P.E.D.C., INC., a Kentucky not-for-profit corporation by deeds dated October 11, 1991, of record in Deed Book 760, page 504, dated November 11, 1992, of record in Deed Book 780, page 642, and dated December 31, 1992, of record in Deed Book 782, page 685, in the McCracken County Court Clerk's office. -7-