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HomeMy WebLinkAboutMO #3274MUNICIPAL ORDER NO. 3274 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A SECOND ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, C.I.R.CO PROPERTIES, LLC, AND 314 CONDOMINIUMS ASSOCIATION CORP. FOR THE PROPERTY LOCATED AT 318 BROADWAY STREET WHEREAS, on June 11, 2024, the Board of Commissioners approved a Development Agreement with C.LR.CO Properties, LLC, by Municipal Order No. 2907, declaring the property located at 324 Broadway (formerly known as 318 Broadway), Paducah, Kentucky, to be surplus property and authorizing the transfer of said property, contingent upon the Developer receiving the necessary permits from the City of Paducah; and WHEREAS, the City, C.I.R.CO Properties, LLC, and 314 Condominiums Association Corp. subsequently entered into an Addendum to Development Agreement dated April 10, 2025; and WHEREAS, the Developer requires additional time to complete construction of the development; and WHEREAS, the parties desire to amend the Development Agreement and First Addendum to extend the deadline for substantial completion and opening of the development to the public to June 1, 2027; and WHEREAS, the City Commission has determined that it is in the best interest of the City to approve the Second Addendum to Development Agreement. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. Recitals. That the City of Paducah authorizes and directs the Mayor to execute a Second Addendum to the Development Agreement with C.I.R.CO Properties, LLC, and 314 Condominiums Association Corp., in substantially the form attached hereto and made a part hereof as Exhibit "A" together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Second Addendum not inconsistent with this Municipal Order and not substantially adverse to the City as may be approved by the Mayor. SECTION 2. Effective Date. after the date of its adoption. ATTE T: indsay Parish, City Clerk This Order shall be in f 1 force and effect from and - - A --� George Bray, Mayor Adopted by the Board of Commissioners, June 23, 2026 Recorded by Lindsay Parish, City Clerk, June 23, 2026 MO\Second Addendum to Development Agreement — C.LR.CO 318 Broadway — Kresge Site EXHIBIT A SECOND ADDENDUM TO DEVELOPMENT AGREEMENT This Second Addendum to Development Agreement ("Second Addendum") is made and entered into on the day of 2026, by and between the CITY OF PADUCAH, KENTUCKY (the "City" or "City of Paducah"), C.I.R.CO PROPERTIES, LLC, a Kentucky limited liability company (the "Developer"), and 314 CONDOMINIUMS ASSOCIATION CORP., a Kentucky corporation (the "Association"). WHEREAS, the City and the Developer entered into a Development Agreement dated April 12, 2024, regarding development of a certain tract of vacant real estate located at 318 Broadway Street, Paducah, Kentucky (the "Property"); and WHEREAS, the City, the Developer, and the Association entered into an Addendum to Development Agreement dated April 10, 2025 (the "First Addendum"); and WHEREAS, the Developer requires additional time to complete construction of the Development, and the parties desire to extend the timeline for completion and opening of the Development; and WHEREAS, the parties desire to formalize those modifications herein; NOW, THEREFORE, in consideration of the foregoing premises, and for other valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Amendment to Development Timeline. Notwithstanding any provision of the Development Agreement or First Addendum to the contrary, Developer shall substantially complete construction of the Development and shall cause the Development to be open and operational to the public on or before June 1, 2027. 2. Extension of Completion Deadline. The City hereby grants an extension of the completion deadline contained in Section A(5) of the Development Agreement and Term/Termination Section of the First Addendum. Compliance with the deadline set forth in Paragraph 1 of this Second Addendum shall constitute compliance with the Developer's obligations regarding completion of the Development. 3. No Waiver of Other Obligations. Except as expressly modified herein, all terms, conditions, covenants, obligations, rights, and remedies contained in the Development Agreement and First Addendum shall remain unchanged and in full force and effect. 4. Binding Agreement/Authority. The Developer and the Association agree to remain bound by the terms of the Development Agreement, the First Addendum, and this Second Addendum, and represent that they have all necessary authority to enter into this Second Addendum. 5. Ratification. The parties acknowledge that, except as stated herein, all other terms of the Development Agreement and First Addendum shall remain in full force and effect and are hereby ratified and reaffirmed. WITNESS the signatures of the parties on the date first above written. DEVELOPER: C.I.R.CO PROPERTIES, LLC By: Andrew Hardin, Member BY: Blake Calhoun, Member CITY: CITY OF PADUCAH, KENTUCKY By: George P. Bray, Mayor Date: Date: 314 CONDOMINIUMS ASSOCIATION CORP. By: Blake Calhoun, President By: Jared Morgan, Vice President Date: