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HomeMy WebLinkAbout92-9-4839ORDINANCE #92--- yF,3 AN ORDINANCE APPROVING THE ACCEPTANCE BY THE PADUCAH PLANNING COMMISSION OF THE PERFORMANCE BOND OF G.P.E.D.C., INC. WHEREAS, the G.P.E.D.C., Inc. has submitted to the Paducah Planning�Commission an application for the development and subdivision of a tract of land generally known as the "Information Age Park"; and WHEREAS, the aforesaid application and the final waiver of subdivision plat have been approved by the Paducah Planning Commission, however, approval shall not be deemed effective until such time as all improvements, requirements and installations to the subdivision as required by S-5 of the Paducah Subdivision Regulations have been constructed in a manner deemed satisfactory to the City Engineer; and WHEREAS, in lieu of the aforesaid construction, the final waiver of subdivision plat shall be deemed effective upon the acceptance by the Paducah Planning Commission of the performance bond of G.P.E.D.C., Inc. which guarantees that the improvements to the subdivision will be performed in accordance with S-5 of the Paducah Subdivision Regulations and that the improvements will be completed within one year after the approval of the final waiver of subdivision plat; and WHEREAS, pursuant to Section 12(2)(b) the City Engineer has recommended a performance bond in the amount of $3,486,633.00 to be posted by G.P.E.D.C., Inc. for the construction of the aforementioned improvements to the subdivision. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby accept, pursuant to Section 12(2)(b) of the Paducah Subdivision Ordinance, a performance bond from G.P.E.D.C., Inc. in the amount of $3,486,633.00. SECTION 2. In lieu of the requirement of surety on the bond by a company entered and licensed to do business within the Commonwealth of Kentucky, and as security for the payment of the J 670 671 aforesaid performance bond, G.P.E.D.C., Inc. shall grant to and in favor of the City of Paducah a lien upon all real properties owned and held in the name of G.P.E.D.C., Inc. which are located in Paducah, McCracken County, Kentucky, and assigned all of G.P.E.D.C., Inc.'s rights and interests in and to the performance bonds of all contractors and subcontractors of G.P.E.D.C., Inc. which will be performing all improvements, requirements, and installations to the Subdivision as required by the Paducah Subdivision Regulations. SECTION 3. If any section, paragraph, or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof severable from all other sections, paragraphs and provisions. SECTION 4. This ordinance shall be read on two separate days and will become effective upon publication of the title and certified summary therIYONERRY B. ON MERY Introduced by the Board of Commissioners ez 1,5- 411 Adopted by the Board of Commissioners tea, l�I9a Recorded by Lenita Smith, City Clerk_ Published by The Paducah SunAPPDK - 30)11572