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HomeMy WebLinkAbout2010-2-7655ORDINANCE NO. 2010-2-7655 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY APPROVING A DEVELOPMENT AGREEMENT, ESCROW AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY FOR COMPLETION OF THE WESTWOOD HILLS SUBDIVISION, AND AUTHORIZES THE MAYOR'S EXECUTION OF AFORESAID DOCUMENTS WHEREAS, on May 21, 2007, Shepherd's Nest Villas, LLC, ("Shepherd's Nest") made application to the City and tendered a final plat entitled "Westwood Hills Subdivision" (the "Final Plat"), together with subdivision plans and a stormwater management plan approved by the City Engineer on July 20, 2007 (the "Approved Plans") for the development and subdivision of approximately 44 acres of land (said land is more particularly described on Exhibit A attached hereto) located within the corporate boundaries of the City of Paducah, McCracken County, Kentucky into a single family residential development (herein after referred to as "Westwood Hills"); and WHEREAS, the Final Plat of Westwood Hills was conditionally approved by the City on July 10, 2007 by City Ordinance 2007-7-7297 upon the obligation of Shepherd's Nest to develop Westwood Hills and to construct and install all improvements within the subdivision in accordance with the Final Plat, the Approved Plans and all applicable subdivision regulations as set forth in Chapter 102, Article I and lI of the Code of Ordinances—City of Paducah, Kentucky ("Subdivision Ordinance of the City"); and WHEREAS, the Final Plat of Westwood Hills was subsequently filed of record in the McCracken County Court Clerk's office in Plat Section "L," page 1842; and WHEREAS, Shepherd's Nest has failed to fulfill its aforesaid obligations and has ceased all development and construction within Westwood Hills; and WHEREAS, on or about August 11, 2008, Branch Banking and Trust Company ("Lender") commenced a foreclosure action against Shepherd's Nest and others seeking the judicial sale of Westwood Hills (Branch Banking and Trust Company vs. Shepherd's Nest Villas, LLC, et al, Civil Action No. 08 -CI -00914), the City is a party defendant to said action; and WHEREAS, City and Lender have come to a mutual agreement as to the judicial sale of Westwood Hills which agreement provides for (1) the sale of Westwood Hills as a whole rather than individual lots and (2) for the transfer to a successful purchaser at the aforesaid judicial sale ("Developer") all rights and obligations of Shepherd's Nest to proceed with the development of Westwood Hills, which transfer shall be effectuated by Developer's execute and delivery of this Development Agreement; and WHEREAS, the City has found and determined, and hereby finds and determines, that the transfer to Developer of all rights and obligations to proceed with the development of Westwood Hills in accordance with the Final Plat, the Approved Plans and the Subdivision Ordinance of the City is in the best interest of the City and the community and is essential to ensure the public health, safety, and welfare thereof; and WHEREAS, to set forth the nature and extent of Developer's rights to proceed with the development of Westwood Hills, Developer desires to enter into this Development Agreement. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby approves a Development Agreement with Atlas Tri-State SPE,LLC and the Escrow Agreement in the amount of $300,000 with Atlas Tri-State SPE, LLC and The Paducah Bank and Trust Company, and all other necessary documents that may relate to the completion of Westwood Hills Subdivision. SECTION 2. That the Mayor is hereby authorized to execute the Development Agreement, Escrow Agreement and all other documents that may relate to the completion of Westwood Hills Subdivision that are approved in Section 1 above. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: J8S, 9A-oc/,( Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, February 9, 2010 Adopted by the Board of Commissioners, February 23, 2010 Recorded by Tammara S. Brock, City Clerk, February 23, 2010 Published by The Paducah Sun, February 27, 2010 \ord\eng\agree-dev & escrow—Westwood Hills