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HomeMy WebLinkAbout2007-7-7304332 90981 ORDINANCE NO. 2007-7-7304 A ORDINANCE AUTHORIZING THE EXECUTION OF THE SATISFACTION AND RELEASE OF AAA FABRICATORS, LLC, FROM THE TERMS OF THE MEMORANDUM OF UNDERSTANDING DATED AND ENTERED INTO ON JUNE 16, 2004 BETWEEN AAA FABRICATORS, LLC, THE CITY OF PADUCAH, KENTUCKY, AND MCCRACKEN COUNTY, KENTUCKY. WHEREAS, in order to facilitate and encourage the development of industry in the City of Paducah ("City") and in McCracken County ("County"), by expanding the tax base, stimulating the local economy and reducing unemployment, the City and County entered into an agreement to provide economic incentives to AAA Fabricators, LLC, ("AAA Fabricators"); and WHEREAS, pursuant to this agreement, the City, County and AAA Fabricators entered into a Memorandum of Understanding ("MOU") dated June 16, 2004, detailing the agreement between the parties; and WHEREAS, AAA Fabricators has substantially met all obligations contained in the MOU at the present time and should be released from the obligations contained in the MOU, and has met all obligations earlier than specified; and WHEREAS, it is appropriate to release AAA Fabricators from the terms of the MOU, due to AAA Fabricators' outstanding performance during the three (3) year period it has been in operation; and (� WHEREAS, it is beneficial for the City of Paducah to execute the Release, releasing AAA Fabricators and all parties from the MOU, and thereby terminating the MOU. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute the Satisfaction and Release of AAA Fabricators from the MOU in substantially the form attached hereto as Exhibit A and made part hereof, which fully releases and discharges the MOU between the City, County and AAA Fabricators in its entirety. 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. 333 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. MAYOR ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, June 26, 2007 Adopted by the Board of Commissioners, July 10, 2007 Recorded by City Clerk, July 10, 2007 Published by The Paducah Sun, July 16, 2007 \ord\AAA FABRICATORS -RELEASE FROM MOU (0009098 1) 2 334 EXHIBIT A SATISFACTION AND RELEASE THIS SATISFACTION AND RELEASE AGREEMENT is effective this _ day of , 2007, by and between AAA FABRICATORS, LLC, (AAA Fabricators"), the CITY OF PADUCAH, KENTUCKY, ("City") and MCCRACKEN COUNTY, KENTUCKY, ("County"). WITNESSETH: WHEREAS, AAA Fabricators, City, and County entered into a Memorandum of Understanding dated June J 16, 2004, (the "MOU") in which the City and County provided certain economic incentives to AAA Fabricators in or to induce AAA Fabricators to acquire, install, and equip a manufacturing facility in Paducah, McCracken County, Kentucky; and WHEREAS, the economic incentives have been provided and AAA Fabricators has substantially met all its obligations contained in the MOU and has requested that it be released from the obligations contained in the MOU, to which the City and County are agreeable. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Satisfaction and Release Agreement and memorializing the agreement between the parties, the parties agree as follows: 1. SATISFACTION AND RELEASE. The parties hereby release and forever discharge each other, and their respective employees, officers, directors, successors and assigns forever, from any monetary or compensatory claims, causes of action, suits, and demands, whatsoever, in law or equity, which may now or hereafter arise out of the MOU made and entered into between the parties. 2. MISCELLANEOUS PROVISIONS. This agreement shall be binding upon the parties hereto, their successors and assigns. This agreement represents the entire understanding reached between the parties, and all prior covenants, promises, and representations are merged herein and are superseded by this agreement. This agreement shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky and any disputes concerning this agreement shall be decided in the courts of McCracken County, Kentucky. INTENDING TO BE LEGALLY BOUND, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT. CITY OF PADUCAH, KENTUCKY By: Title: Date: MCCRACKEN COUNTY, KENTUCKY By: Title: Date: AAA FABRICATORS, LLC By: _ Title: Date: 90989