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HomeMy WebLinkAboutMO #2892MUNICIPAL ORDER NO. 2892 A MUNICIPAL ORDER APPROVING A TERMINATION OF RESIDENTIAL INFILL AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID TERMINATION AND ALL DOCUMENTS RELATED TO SAME WHEREAS, on November 30, 2023, the Board of Commissioners authorized a Residential Infill Agreement with EMD Properties, LLC with Ordinance No. 2023-11-8796 for reimbursement of ad valorem taxes based on costs associated with the public infrastructure in the subdivision; and WHEREAS, since the execution of said agreement, EMD Properties, LLC has agreed to sell the development to Willett Enterprises, Inc.; and WHEREAS, the City of Paducah now wishes to terminate the existing Residential Infill Agreement with EMD Properties, LLC and wishes to enter into a new Residential Infill Agreement with Willett Enterprises, Inc. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. Recitals. That the City of Paducah hereby approves a Termination of Residential Infill Agreement by and between the City of Paducah and EMD Properties, Inc. as attached hereto and made part hereof. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Termination of Residential Infill Development Agreement for the purposes therein specified. The Mayor of the City of Paducah is hereby authorized to execute the Termination, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Termination of Residential Infill Development Agreement. SECTION 2. Severability. If any section, paragraph or provision of this Municipal Order shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining parts of this Municipal Order. SECTION 3. Compliance with Open Meetings Laws The City Commission hereby finds and determines that all formal actions relative to the adoption of this Municipal Order were taken in an open meeting of this City Commission and that all deliberations of the City Commission and of its committees, if any which resulted in formal action, were in meetings open to the public in full compliance with applicable legal requirements. SECTION 4. Effective Date. This Order shall bein full fo and effect from and after the date of its adoption. George Bray, Mayor ATTEST:_ Lindsay Parish, City Jerk Adopted by the Board of Commissioners, May 14, 2024 Recorded by Lindsay Parish, City Clerk, May 14, 2024 MO\Residential Infill Termination — EMD Properties Exhibit A TERMINATION OF RESIDENTIAL INFILL DEVELOPMENT AGREEMENT THIS TERMINATION OF RESIDENTIAL INFILL DEVELOPMENT AGREEMENT is made and executed on this day of 2024, by and between the CITY OF PADUCAH, KENTUCKY, P.O. Box 7265, Paducah, Kentucky 42002-7265, hereinafter referred to as "City," and EMD Properties, LLC, 3936 Alameda Crescent, Paducah, KY, hereinafter referred to as "EMD". WITNESSETH: WHEREAS, the City and EMD entered into a certain Residential Infill Development Agreement dated November 30, 2023 ("Agreement"), whereby the City agreed to provide certain incentives related to EMD's development of La Barri Subdivision located in Paducah, McCracken County, Kentucky (the "Development"); WHEREAS, since execution of said Agreement, EMD has entered into an agreement dated , 2024 (the "Purchase Agreement) pursuant to which EMD agreed to sell the Development to a third party, Willett Enterprises, Inc. (the "Purchaser); and WHEREAS, under the terms of the Purchase Agreement entered into between EMD and the Purchaser, EMD agreed to assign its rights under the Agreement to the Purchaser; and WHEREAS, rather than assign the Agreement, the parties wish to terminate the Agreement, so that the City may enter into a separate agreement with the Purchaser in regard to the Development; NOW, THEREFORE, in consideration of the foregoing premises, the City and EMD hereby agree as follows: 1. Termination. the Residential Infill Development Agreement dated November 30, 2023 shall be terminated and shall be of no legal force and effect upon the Effective Date, as defined below. 2. Effective Date. This Termination shall take effect only upon closing of the transaction between EMD and the Purchaser as contemplated under the Purchase Agreement ("Effective Date.) In the event that the Purchase Agreement is terminated prior to closing, this Termination shall be of no force and effect, and Residential Infill Development Agreement entered into between EMD and the City shall remain in effect. WITNESS our signatures as of the date first above written. CITY OF PADUCAH, KENTUCKY EMD PROPERTIES, LLC in George Bray, Mayor Title: State of KENTUCKY County of MCCRACKEN Subscribed, sworn, and acknowledged before me on this day of 2024 by George Bray, Mayor of the City of Paducah, Kentucky, on behalf of said entity. My commission expires Notary Public, State at Large ai?x7a7ln ojujS `oggnd tz IoN IN :QHZIWD ' QNd NHHS HAVH sazidxa uoissimuzoo XW ,,iIpuo plus 3o 3tugaq uo `DZZ `soivadozd awa 3o Xg bZOZ 3o Cup sigl uo out azojoq paopolmomlou puu ujoms 'pagizosgnS NaNDv- IDDw jo XjunoH i AN IINH}I3o olul5