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HomeMy WebLinkAbout2013-09-8079ORDINANCE NO. 2013-09-8071 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, AND TOM DUNN (DEVELOPER) WITH RESPECT TO THE ROOF STABILIZATION OF 203 BROADWAY IN AN AMOUNT UP TO $100,000.00; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF UNDERSTANDING. WHEREAS, the City of Paducah desires redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries and insuring the integrity and quality of its existing historic commercial district; and WHEREAS, the City of Paducah's economic well-being is related to and dependent upon, sustained growth of its tax revenue base through the proper redevelopment of vacant, orphaned, or underutilized commercial properties located within its corporate boundaries; and WHEREAS, the City of Paducah desires to promote the stabilization of downtown buildings located within the Historic Downtown; and WHEREAS, the repair, stabilization, or replacement of roofs within the Historic Downtown will protect the historic built environment and will reduce further decline which may lead to greater expenditures by the City of Paducah through demolition; and WHEREAS, the City of Paducah adopted Ordinance No. 2013-8-8056 for the establishment of the Roof Stabilization Assistance Program (the "Program"), which will be utilized to accomplish the goals of the City of Paducah by providing funds for the purpose of roof replacement or roof stabilization in the Historic Downtown; and WHEREAS, in order to insure that the Roof Stabilization will have a positive impact on the entire community and to encourage the public purpose stabilization of downtown buildings listed on the National Register of Historic Places, it is necessary and desirable that the City now authorize the Memorandum of Understanding by and among the City and the Developer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Memorandum of Understanding among the City and the Developer (the "MOU") in substantially the form attached hereto as Exhibit A 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 MOU for the purposes therein specified, and the execution and delivery of the MOU is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the MOU, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the MOU with such changes in the MOU not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such MOU by such official. Section 2. Severability. If any section, paragraph or provision of this Ordinance 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 provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this 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. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. Section 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. /,/, 7;/, 4 MA OR ATTEST: City Clerk Introduced by the Board of Commissioners, September 17, 2013 Adopted by the Board of Commissioners, September 24, 2013 Recorded by City Clerk, September 24, 2013 Published by The Paducah Sun, October 2, 2013 \ord\plan\203 broadway-roof stabilization asst program EXHIBIT A TO ORDINANCE 95939 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding (Agreement) made and entered into on the day of September, 2013, by and between the CITY OF PADUCAH, KENTUCKY (the "City" or "City of Paducah"), a municipality of the second class, and TOM DUNN (the "Developer"). NOW, THEREFORE, in consideration of the foregoing premises, and for other value consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto, the parties do covenant and agree as follows: A. Developer agrees to the following: Procure the services of a structural engineer licensed in the Commonwealth of Kentucky to provide corrective scope of action. 2. Stabilize the structure in accordance with the structural engineer's scope of action. 3. Secure a commercial contractor from the qualified roofing contractor list to install a new roof. 4. Submit to the City an itemization of actual costs incurred by Developer in the stabilization of the structure and installation of a new roof. The itemization shall include supporting documentation that verifies the actual costs and expenses incurred by the Developer in the stabilization of the structure and installation of a new roof. B. City agrees to the following: In consideration of the commitments and agreement of the Developer set for above, the City agrees that upon completion of stabilization of the structure and installation of a new roof the City shall: Review itemization of actual costs incurred. The City will reimburse the Developer for the actual costs and expenses incurred by Developer in the roof stabilization in the amount not to exceed $100,000.00. 2. Roof Stabilization shall mean the restoration of a deficient or substandard roof to provide a water tight roof system free of leaks including all necessary flashing, decking repair, rafters, gutters, downspouts, and roof/attic ventilation to ensure the longevity of the roof system. C. Miscellaneous Provisions. The following miscellaneous provisions shall apply: 1. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Developer shall not assign its rights and obligations hereunder, in whole or in part, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve Developer from any obligations of this Agreement for which Developer shall remain fully bound to City. 2. Merger Clause. It is agreed and understood between the parties that this Agreement represents the entire and exclusive agreement between the parties, and that all prior representations, covenants, warranties, understandings and agreements are merged herein. This Agreement may only be modified in a writing executed by all parties hereto. 3. Construction. This Agreement shall be governed and construed under the laws of the Commonwealth of Kentucky. 4. Assurances. City and the Developer agree to execute such further documents and instruments as shall be necessary to fully carry out the terms of this Agreement. 5. Amendments. This Agreement may not be modified or amended unless by a writing signed by both parties hereto. 6. Execution and Delivery. This Agreement shall be of no force or effect unless and until it shall have been executed by both the City and the Developer and approved by the governing body of the City of Paducah. DEVELOPER: Tom Dunn By Tom Dunn, Date: STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) CITY: CITY OF PADUCAH, KENTUCKY By Gayle VKalterjmayof Date: %6' /- l3 The foregoing instrument was acknowledged before me this , 20013, by Gayle Kaler, Mayor, City of Paducah. My commission expires Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was acknowledged , 2007, by on behalf of Tom Dunn. My commission expires before me this Notary Public, State at Large day of day of _(title)