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HomeMy WebLinkAboutCCMPacket2014-06-03ROLL CALL INVOCATION CITY COMMISSION MEETING AGENDA FOR JUNE 12014 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH ST PLEDGE OF ALLEGIANCE -Palmer Stroup, Sophomore at Paducah Tilghman High School ADDITIONS/DELETIONS I. ORDINANCES — ADOPTION A. Authorize Contract for Noble Park Lake Bank Stabilization Project — M. THOMPSON/R. MURPHY B. Zone Change 3025 Olivet Church Road — S. ERVIN C. Final Annexation for 3025 Olivet Church Road -- S. ERVIN D. Change Order # I w/A & K Construction for Construction of the Teletech Building — CITY MGR ii. ORDINANCE — INTRODUCTION A. Accept 2014-2015 Edward Byrne Memorial (JAG) Grant Award — S. ERVIN III. CITY MANAGER REPORT • City Hall IV. MAYOR & COMMISSIONER COMMENTS V. PUBLIC COMMENTS VI. EXECUTIVE SESSION Agenda Action Form Paducah City Commission Meeting Date: May 27, 201=1 Short Title: Authorize Agreement for Noble Park Lak- Bank Stabilization Proj ect ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation Bv: Rick Murphy, P.E., City Engineer -Public Works Director Mark Thompson, Parks Director Background Information: On May 8, 2014, sealed written bids were received for the Noble Park Lake Bank Stabilization Project. In order to obtain the best bid price fortthis stabilization Project, the Bid Proposal listed two different types of construction material that could be utilized in order stabilize the lake bank, Metal or Vinyl Sheet Piling. AdditioptAly, an Alternate laid was included adding an additional 325 linear feet of sheet piling to the base bid price for each material. There were four responsive bids received for this Project, with YEC, Inc., submitting the lowest responsive bid as follows: Material Metal Sheet Piling f Vinyl Sheet Piling Base Bid $145,696.00 $ 461,874.50 Alternate Bid ' $46,718.00 i $61,261.75 Total Base + Alternate ! $192,414.00 9;223,136.25 Subsequent to reviewing the Metal verses the Vinyl Sheet Piling total bid amounts, a decision was made to recommend utilization of the Metal Sheet Pile Wall System for this Project, as the Metal Alternate would provide the desired Project result of a lower submitted bid price. Due to budgetary constraints, a presentation will be made to the Board of Commissioners to consider accepting the Metal Base Bid or the Nletal Base Bid with the Alternate Bid added. It is our recommendation to fund the Project account in order to accept the Metal Base Bid and the Alternate Bid. Goal. ❑Strong Economy ❑Quality Services ❑Vital Neighborhoods❑Restored Do"nto" s Funds Available: Account Name: 040-8821-536-2307 S ZZ 714 Account Number: PAO100 F nance Staff Recommendation: To receive and file the Bids and accept the Metal Base Bid and the Alternate Bid in the amount of $192,414.00 as submitted by YEC, Inc. for the Noble Park Lake Bank Stabilization Project. Agenda Action Form Attachments Bids and Advertisement Department Hea�/ 11 City Clerk ` ,%City Manager Page Agenda Action Form Paducah City Commission Meeting Date: May 27, 2014 Short Title: Huck's Convenience Store Zone Change Ordinance EEmergency ❑ Municipal Order ❑ Resolution ❑ Staff Work By: Stephen Ervin, Joshua P. Sommer Presentation By: Stephen Ervin Background Information: Key Components: The applicant, Martin & Bayley, Inc., is requesting a zone change for 3023 Olivet Church Road from R-1 (Low Density Residential Zone) to HBD (Highway Business District). This property contains the Huck's Convenience Store. This zone change request was initiated because the property owners petitioned the City of Paducah for annexation. When property is annexed into the City, it receives an automatic R-1 Low Density Residentiai designation, pursuant to Section 126-32 of the Paducah Zoning Ordinance. Right -of -Way of Olivet Church Road is also being rezoned as part of this request. Automobile service and retail trade is principally permitted in the HBD Zone, pursuant to Section 126-1 16 (1) of the Paducah Zoning Ordinance. The property to the east of this parcel (the BB&T Bank across Otis et Church Road) is zoned HBD. Therefore, this would be a continuation of the HBD Highway Business District. Site Data: Area: 4.946 acres Public Utilities: Adequate water and sewer service available. Public Services: Sanitation, police and fire service available. Physical Characteristics: Convenience store with gasoline pumps. Development Plan: This site is already developed. Please see map above. Land Use Patterns: This site is located in an area of Paducah/N[cCracken County that is undergoing much gro%vth. A new Finish Line car wash was constructed recently to the south of the property. A new Taco John's was constructed last year in the County nearby. A new shopping strip center, containing? a Firehouse Subs and Pancheo's Mexican Grill are under construction in the City diagonally across Hinkleville Road. Adjacent Properties: North: Harris Road. County commercial lots. Fast: Olivet Church Road. County vacant commercial lot and B3& -f Bank in the City. South: Finish Line car wash (county). West: Vacant County Commercial lot. Zoning: County- commercial on the North, South and West. County commercial and HBD on the Fast. The parcel is proposed to be changed to HBD as follows: Sec. 126-116. Highway Business District, HBD. The intent of this district is to provide appropriate space and sufficient depth from the street to satisfy the needs of modern commercial development where access is entirely dependent on motor vehicle trade, and to encourage the development of these locations with such uses and in such a manner as to minimize traffic hazards and interference with other uses. (1) Permitted uses, a. Any use permitted in the B-3 Zone b. Automobile service and repair establishments, including gasoline service stations, repair garages and automatic car -washing establishments: C. Hotels and motels; d. Recreational uses such as amusement parks, bc.wling alleys and roller-skating: archery ranges; miniature golf, golf -driving ranges and other similar recreational activities: e. Souvenir shops, roadside stands and curio shops when incidental to another permitted use; C. Office buildings; CF. -Retail establishments (product processing is allo��ed only it the products are sold at retail on the premises); h. Restaurants and eating establishments; i. Commercial parking lots and parking garages; j. Theaters. (2) .area regulations. The following requirements shall apply to all non-residential uses permitted in this district. All residential uses shall comply with the requirements of the R--1 Zone: a. Front yard. All buildings shall be set back from the street right-of-way line not less than 30 feet, except where a parallel access road is provided with construction requirements which meet the standards of the city street plan. b. Side yard. The width of any side yard which abuts a residential district shall not be less than 25 feet. In all other cases each side yard shall not be less than 12 feet. C. Rear yard. Each lot shall have a rear yard of not less than ten feet. Where a commercial building is serviced from the rear, there shall be a rear yard of not less than 30 feet; the depth of a rear yard which abuts a residential district shall not be less than 30 feet. d. Lot width. Each lot shall have a width at the front building line of not less than 75 feet. e. Lot area. There shall be a minimum lot area of net less than 10,000 square feet. f. Height requirements, done. g. Parking requirements. Same as section 126-71. h. Highway access. All points of ingress and egress to major arterials shall be at least 350 feet from the ramp pavement transitioapoint of highway interchanges. Findings required for map amendment: tn KRS - 100.213 Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plait. or in the absence of such a finding, that one or more of the following apply and such frdings shall be recorded in the minutes and records of the Planning Commission and City Commission: That the existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate; or That there have been major changes of an economic. physica; of social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area. Staff Analysis - The area proposed to be re -zoned is in compliance with the Future Land Use Map. The Future Land Use Map shows the area to be zoneT TCornmercial". A convenience store with gasoline sales is a principally permitted use in the Hi-,h�vav Business District. Planning Commission Recommendation: Recommend HB D Highway Business District to the Paducah Circ Commission Staff Recommendation: Staff recommends approval to the Paducah City Commissioni for HBD Highway Business District as the proposed zoning designation is in compliance with the Comprehensive Plan. Funds Available: Account Name: N -'A Account Number; U, A Finance Motion: Attachments: Planning Commission Resolution Zone Change Map/Development Plan Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: May 27, 2014 Short Title: z nnex 302 0[1% -et Church Road (Husks Conven;enc% Store) Ordinance 7'Emergency ❑ Municipal order ❑ Resolution ❑ Staff Work By: Stephen Ervin.. Joshua P. Sommer Presentation By: Stephen Ervin Background Information: The intent of this agenda item is to annex 3025 Olivet Church Road and adjacent R -OW into the City of Paducah. This is the Hucks Convenience Store. "vtr. Mark Bayley, owner, requested annexation into the City via letter dated March 2t. 201=1. The Citi- Commission adopted Ordinance 42014-5-8138, which expressed the City's intent to Murex this property, on Vtay 13. 2014. The property was then referred to the Paducah Planning Commission to assign proper zoning and the Planning Commission has for -warded a recornrnendation for Highway Business District. This Ordinance will officially annex 302D Olivet Church Road and the adjacent ROW into the Citi- of Paducah, as shown on the enclosed plat. Funds Available: Account Name: 'K' A Account Number: N, A Motion: Attachments Department Head City Clerk FI -A7 ,0 _ Finance Agenda Action Form Paducah City Commission tiieeting Date: 14ay 27, 2014 Short Title: Change Order a TeleTech contract ®Ordinance ❑ Emergency ❑ ivlunicipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: .Teff Pederson Background Information: On July 23, 2013, 2013, the City of Paducah and N[cCracken Countv entered into a contract with A&K Construction for the construction of a building in the Information Age Park for occupancy by TeleTech. Primary funding for the building comes from the City and the County, with additional participation by Paducah Economic Development and Tele -Tech. "The amount of the contract awarded was 53,296,000, (Ordinance #2013-08-8054). Construction commenced on August 29, 2013, and has proceeded smoothly. Three change items arose during construction, all associated with the exterior drive and parking areas. Two of the items constitute contract reductions, while one is a small contract addition_ The net effect of the three items contained in this Change Order is S41,275. By virtue of this Change Order, the contract sum will be reduced from 53,296,000 to S3,254,725. Absent from the revised contract sum is the entrance road to access the parking area. It was determined at an early point in the construction process that the most opportun, access into the parking lot would be with construction of a new drive that separates the TeleTech site from the adjacent site, thereby making the new access road dual-purpose. It is anticipated that the contract savings associated with the Chane Order will be reallocated to the construction of the new drive. Construction of that drive will be designed and procured by the City of Paducah. Goal: ®Strom Economy ❑ Quality Services❑ Vital Neighborhood;❑ Restored Do%vntowns Staff Recommendation: Approve Change Order Agenda Action Fomi Attachments: hange Order Department Head City Clerk Ci f Imager Page Agenda Action Form Paducah City Commission Meeting Date: June 3, 201=1 Short Title: 2014-2015 Edward Byrne ylemorial (JAG) Grant InterLocal Agreement ®Ordinance ❑ Emergency ❑ tilunicipal Order ❑ Resolution ❑ tilotion Staff I ork BN'.-: Nancy Upchurch Presentation By: Steve Ervin Background Information: The Commission authorized by Municipal Order # 1773 on tilay 13. 2014, to execute an online grant application to obtain a 201=1-201 Edward Byrne Nlemorial Grant, through the U.S. Department of Justice in the amount of $1.3,1 [ 7.00. This grant will be used by the Paducah Police Depar-tinent for the purchase of five (5) mobile radios. Although the CitY of Paducah has a sole and aut[torized individual allocation, it must remaisl in partnership with our local disparate jurisdiction which is McCracken County. It is for this reason, the City of Paducah and [McCracken County must enter into an Interlocal Agreement supporting the 201=1-2013 JAG application submission and the acceptance by the City of Paducah of the $13.117.00 For the award to be considered. the Commission must authorize and direct the Mayor and/or 110avor's designee to execute all required award documents including an Interlocal Agreement With the COLIntN Goal: ❑Strong Economy ® Quality Services ❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: JAG 201.4-201 Account Number: Project Number: CFDA: 16.738 Staff Recommendation: Approval Attachments: Department Head I City Clerk Cita- Manager Finance ORDINANCE NO. 2014 -6 - AN ORDINANCE APPROVLNI G THE EXECUTION OF AN ON-LINE GRANT AGREEMENT. AND ALL DOCL'ti1ENTS RELATING THERETO. WITH THE U.S. DEPARTMENT OF JUSTICE FORA ?0l4-2015 EDWARD BYRyE )'IEtiIORL-\L JUSTICE :ACCOUNTABILITYGR_.NT THROUGH THE U.S. DEPARTMENT OF JUSTICE TO BE USED BY THE PADUCAH POLICE DEPARTiMENT AND AUTHORIZING AN INTERLOCAL AGREE'NIENT WITH THE FISCAL COURT OF . icCiZACKEN COUNTY" WHEREAS. the City of Paducah applied for the 'O l a-15 Edward Byrne NIetnorial Grant Award through the U.S. Department of Justice by Municipal Order No. 1773 adopted on June L'VIay 13. 2014, for the purchase of mobile radios; a,td WHEREAS. the City of Paducah, desires to enter into an Interlocal Agreement With the County of McCracken, Kentucky, as required by the U. S. Departnient of Justice. to remain in partnership with our local disparate jurisdiction even thougll the City of Paducah is the sole and authorized individual allocation: and WHEREAS. the U. S. Department of Justice has apprDved the application and is now ready to award this grant. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby approves the execution of an oir-line grant agreement, and all documents relating thereto. with the U. S. DepLulment of Justice for'l 2014-15 Edward Byrne Memorial Justice Accountability Grant. in the amount of S13.1 17.00. to be used by the Paducah Police Department to purchase mobile radios. No local match Is required. SECTION _'. The City hereby approves the Interlocal :Vgreenleilt between the City and County and authorizes the Mayor to execute the agreement.ilpro\ed in Section 1 above. SECTION 3. This ordinance shall he read on two selarate days and will become effective upon summary publication pursuant to KRS Chapter 424. Minor .ATTEST Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners. June 3. 2014 Adopted by the Board of Commissioners, June 10, 2014 Recorded by Tammara S. Sanderson. City Clerk, June 10, 2014 Published by the Paducah Sun, 014 1 4 Justice .-assistance Edward Byrne INTERLOCAL AGREEiVIENT FOR ACCEPTANCE AND ADMINISTRATION Or, EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD THIS AGREENMENT, made and entered into on this 140i day of May, 2014 herein below, as evidenced by the dates executed by the parties, wide an effective date of October 1, 2014, by and between the City of Paducah, Kentucky, a miuucipality and political subdivision validly existing under the constitittion, statutes, and laws of the Commonwealth of Kentucky, acting by and through its duly audlotized ivlayor, hereinafter called "City"; and the County of McCracken, a County and political subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of Kentucky, hereinafter called "County". WITNESSETH: WHEREAS, the governing bodies of tike City and County pursuant to the Kentucky Revised Statutes, Section 65.210 et sect,. have the power to enter into agreements in order to provide for the use of property on the basis of mutual advantage and thereby to prDvide services and facilities in a maiuner and pursuant to forms of governmental organization that will accord best witli geographic, economic, population and other factors influencing the needs and development of local communities, and, WHEREAS, the City and County have previously detetmtined, and hereby further determine, that all parties are in need of a U.S. Bureau of Justice Edward Byrne JAG Award, as defined herein; and, IATIEREAS, the governing bodies of the City and Cottttty hereby determine that it is in the best interests of the citizens and residents of McCracken County (fiat these entities enter into dlis Agreement to accept and administer a JAG Award in the amownt of $ 13,117 offered by the U.S. Bureau of Justice; and, W'HERCAS, the execution, delivery, and perfonnance of this Agreement [lave been authorized, approved, and directed by the governing bodies of the City quid CotuIty by an ordinance or resolution formally passed and adopted by the govenung bodiesofthe City and County. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I: PURPOSE FOR THIS AGREEbIENT It is necessary for the efficient and consistent administration of the $13,1 17 allocated in the 2014 JAG Award that the individual, specific, and special needs of each of the parties here to be considered and that the award be used in a maturer that best respo:>ds to the needs of those parties and the general public. ARTICLE II: DEFINITIONS All words and pluases will have the meanings specified below unless the context clearly requires otherwise. "Agreement" means this interlocal Agreement Regarding Acceptance and Administration of a Edward Byrne Justice Assistance Grant (JAG) Award and any amendments or supplements hereto entered into inn accordance with the provisions hereof, including the exhibits attached hereto. "City" means the City of Paducah, Kentucky, or any successor thereto acting by and through this Agreement "County" means the Cowity of McCracken, Kentucicy, or ally successor diereto acting by and thi•ougli this Agreement. "Fiscal Year" means die period from and including July 1 through and including the next June 30. "Tenn" means the temp of this Agreement as deternnined prusuant to Article IV hereof. :ARTICLE III: RE PRE,SENTATIONS, COVENANTS AND WARRANTIES Section 3.1. Representations. Covenants and Warranties of die COMM The County represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The Cotuity is a cotmty and political subdivision, validity organized and existing in good standing tinder the laws of the Conunonwealth of Keritucky, has full power and audiority to enter uito and perforni its obligations tinderthis Agreement, and has duly taken the necessary acts required prior to (including all required approvals) die execution and delivery of this Agreement. The Corurty warrants dais Agreement to be a valid, legal and binding obligation of die Cowity, enforceable against it in accordance with its terns. (b) Neitlier die execution and delivery of this Agreenieit nor the constuiunation of the transactions contemplated hereby, nor die f tifillnicnnt of or compliance with die terms and conditions hereof conflicts with or results in a breach of the temps, conditions, or provisions of any restriction or any aD:eenent or instrtunient to winch die Cotunty is now, a party or by which the County is botuid, or constitutes a default under any of the foregoing, or conflicts with or resutts in a violation of any provision of law or regulation applicable to the County or results in the creation or imposition of any lien or encumbrance whatsoever upon the property or assets of die Cotunty or City (except for any purchase money security interests); and no representation, covenant and warranty herein is false; misleading or erroneous in any material respect. (c) To the best of County's luiowledge and belief, there is no acuion, suit, proceeding, inquuy. or investigation, at law or in egtdty, before or by any court, public board or body, pending or lunownn to be dueate►ned against or affecting the County nor to the best of the knowledge of the County is there any basis therefore, wherein an [unfavorable decision, ruling, or finding would materially and adversely affect the transactions contemplated by thus Agreement or which would adversely affect, in any way, the validity or enforceability of flus Agreeme;it or any material agreement or insaIumenl to which the County is a party, used or contemplated for use in die constulunation of the transactions contemplated hereby, or the authority or ability of the County to perform its obligations Irereunder or thereunder. (d) The Project is in furtherance of the County's govenunental purposes, serves a public purpose and is in the best interests of the residents of d:e County and at the time of die execution acid delivery of the Agreennent, the County intends to annually appropriate its share of ftuiding for the project as set fords in Articles V and VI. Section 3.2. Re»resentations. Covenants and Warranties of City. The City represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The City is a mun►crpallty and political Subdivision, validity orgatized and existing in good standing under the laws of the Conumonwealth of Kentucky, has full power and authority to enter into and to perform its obligations wider dus Agreement, and has duly taken the necessary acts required prior to (including all required approvals) the execution and delivery of this Agreement. The City warrants this Agreement to be a valid, legal and binding obligation of die City, enforceable against the City in accordance with its terms. (b) 'Neither the execution and delivery of this Agreement nor the constmunation of the transactions contemplated hereby, nor the fulfillment of or compliance with the teens and conditions hereof conflicts with or results ul a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which tine City is now a party or by which the City is bound, or constiWes a default funder any of the foregoing, or conflicts with or results in a violation of any provision of law or regulation applicable to the City or results in dee creation or imposition of any lien or encumbrance whatsoever upon the property or assets of die County or City (except for any purchase money sectu•ity interests); and no representation, covenant and wa-ranty herein is false, misleading or erroneous in airy material respect. (c) To the best of City's knowledge and belief, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or known to be threatened against or erecting the City nor to the best of the knowledge of the City is there any basis dicrefore, wherein an tuifavorable decision, ruling, or funding would materially and adversely affect die transactions contemplated by this Agreement or which would adversely affect, in any way, the validity or enforceability of Chis Agreement or any material agreement or insiunent to wliich the City is a party, used or contemplated for use in the eonsuimirnation of the transactions contemplated hereby, or the authority or ability of the City to perform its obligations lierCLuider or thereunder. (d) The acquisition, constiltetion, and 'installation of the Project, tinder die terms and conditions set forth ui flus Agreement, are in furtherance of the City's govertunentai Purposes, serve a public ptu-pose and are in the best interests of die residents of die City acid at the time of the execution and delivery of die ;agreement, die City intends to atitivally appropriate its sliate of funding for the project as set forth in Articles V and VI. ARTICLE IV: TERM Section 4.1. Duration of AQteement Tenn: Right to Teruiii,ate. The term of this Agreement shall be that of the JAG Award, a one (1) year period begittnina- October 1, 2014 , and enduma September 30, 2015 runless terminated by any party hereto. Any party liereto shall have the right to terminate this Agreement by giving notice, in writing, to the other pasties no less dman sixty (60) days prior to the termination date sought. The voltnntay withdrawal and terinivation of any parry shall not tetnninate this agreement as to time other parties, provided, however, that the withdrawing party shall have no further duties or obligations or be entitled to benefits, therehom, following die effective date of withdrawal and termination. ARTICLE V: ALLOCATION OF FUNDING Section: 5.I . The City and die County agree to allow the City of Paducah to receive and administer 100% of the 2014 JAG award allocation in the amount of $13,117 ii: behalf of the Paducah Police Department to be used exclusively for die purchase of grant -allowable items of equipment. The City shall make all purchase, file quarterly narrative and fiscal reports and other reports as necessary including the final close out report. ARTICLE VI: ADMINISTRATION Section: 6.1. The City and the County agree that the City shall administer the FY2014 JAG Award and act as the lead agency, fiscal agent, and primary administrator. As such tine City shall make all equipment purchases, seek JAG Award fiuiding reimbursements, file quarterly natTative, fiscal reports and other reports as necessary including the final close out report ARTICLE VII: ASSIGN E,NT Section: 7. 1. AssigZunent, This Agreement may not be assigned by any party without the prior written consent of the remaining parties hereto. ARTICLE VIII. MISCELLANNOUS Section: S.1. Notices, Alf notices, certificates, requests or other conimwlications hereunder Will be stifficiently given and will be In wntvlg and mailed. (postage prepaid. and certified or or delivered (including &livery by couner services) as registered with return receipt regLiested} Follows City: City of Paducah Attn: Mayor or City Manager 300 South 5`" Street P.O. BOX 2267 Paducah, KY 42002-2267 County: County of INIcCracken Attu: County Judge Executive McCracken Cotuity Courthouse Paducah, KY 42003-1700 A.ny of die foregoing may, by notice given lierewider to the other, designate any ftuther or different addresses to which subsequent notices, certificates, requests or other conui)ui-kations will be sent hereunder. All notices, certificates, requests and other conuiituiications pursuant to taus Agreement will be effective when received (if given by niail) or when delivered (if given by delivery). FLirt ler, in die event of a change in personnel to any party/officer hereto, the presumption shall be that, wiless the other parties are notified, in ��,citing, the successor to that position shall be die authorized representative and shall be botuid by this Agreement. Section: 8.2. Amendment & Changes and Modifications. Except as specifically provided in this Agi•eenient. this Agreement may not be amended, changed, modified or altered, or any provision hereof waived, without the written consent of all parties hereto. Section:8.3. Severability. In the event that any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section: 8.4. Execution in Counterparts. TI -ds Agreement rtay be simultaneously executed in several counterparts, each of wliicli will be an original and all of which will constitute but one and the same instrument. Section: 8.5. Applicable Law. This Agreement will be govenied by and construed in accordance with the laws of the Commonwealth of Kentucky. Section.8.6. Captions. The captions or headings lierein are for convenience opiiy and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section: 8.7. Binding Effect. This Agreement will inure to the benefit of and \,kill be binding upon the parties hereto and their respective successors and assigns (:_ticlud ng, without 1'uiiitation, security assigns), subject, however, to the limitations contained uithis Agreement. Section: 8.8_ Entire Agreement. This Agreement and all exhibits attached hereto shall constitute die entire agreement of the parties hereto and any prior agreement of die parties hereto relating to the Project, whether written or oral, is merged herein and shall be of no separate force and effect. Section: 8.9 Mutual Negotiation. This Agreement and the language contained herein have been al -rived at by the mutual negotiation of the parties. Accordingly, no provision hereof shall be construed against one party in favor of another party merely by reason of draftsmanship. Section: 8.10 Waiver, No action or failure to act by one or chore of the parties hereto Shall constitute a waiver of a right or duty afforded itlhinl under the contract, nor shall such action or failure to act constitute approval or acquiescence of or in a breach hereunder. IN WITNESS WHEREOF, the parties have executed the Agreement by and through their duly authorized representatives as of the day and year first above written. CITY OF PADUCAR KENTUCKY By: Mayor Gayle Kaler Date executed: ATTEST: City Clerk Tammy Sanderson Date executed: MCCRACKEN COUNTY, KENTUCKY - Ridge ExecLutive Van E. Newben, Date executed: ATTEST: Fiscal Court Cleric Pat Smith Date executed: HAVE SEEN AND CONSENT TO FORMFOR EXECUTION: By: Dai-retl Sammot,s, Representative Department of Local Government Date executed: Prepared by-. Sheryl Chino Grant Administrator City of Paducah 300 S. 5"' Street Paducah. KY 42002