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HomeMy WebLinkAbout2007-12-7376513 96262 ORDINANCE NO. 2007-12-7376 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING THE FIRST AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF PADUCAH, KENTUCKY, MCCRACKEN COUNTY, KENTUCKY,AND PADUCAH-MCCRACKEN COUNTY RIVERPORT AUTHORITY WITH RESPECT TO THE PLAN OF FINANCING PROVIDED FOR THE PURCHASE OF 2308 SOUTH 4TH STREET, PADUCAH, MCCRACKEN COUNTY, C KENTUCKY WHEREAS, on or about November 31, 2005, the City of Paducah, Kentucky ("City"), McCracken County, Kentucky ("County"), and the Paducah -McCracken County Riverport Authority ("Riveport") entered into an Interlocal Cooperation Agreement (the "Agreement") which sets forth in detail the common plan of finance provide by City and County to enable Riverport to purchase at a purchase price of $1,200,000.00 a certain tract of real property located at 2308 South 4t' Street, Paducah, McCracken County, Kentucky, together with all improvements, fixtures and appurtenant property rights, privileges, fleeting, and riparian rights thereto, (the "Property") for purposes of economic development along the Ohio and Tennessee Rivers within the City of Paducah, County of McCracken; and WHEREAS, on April 26, 2007 Riverport did accept the bona fide offer of Western Rivers Properties, LLC ("Western") to purchase the Property at a reduced purchase price of $1,100,000.00 for purposes of establishing its corporate headquarters and marine service center in Paducah, McCracken County, Kentucky (the "Public Project"); and WHEREAS, as an additional financial incentive for Western to establish the Public Project in Paducah, McCracken County, Kentucky, Riverport agreed to finance the entire purchase price for a 15 year term; and WHEREAS, on May 16, 2007, the sale, transfer, and financing of the Property were consummated between Riverport and Western due to the positive impact the Public Project would have on the community by stimulating the local economy, expanding the tax base, and reducing unemployment; and WHEREAS, the leadership of the City and County strongly supported the location of the Public Project in Paducah, McCracken County, Kentucky, and the financial incentives provided by Riverport to Western for the establishment of the Public Project; and WHEREAS, as a result of the aforesaid financial incentives provided by Riverport to Western, Riverport has requested that the City and County amend the terms of the common plan of financing provided by the City and County to Riverport, as evidenced in the Agreement, by the forgiveness of a portion of the indebtedness owed by Riverport to the City and the County, to which the City is agreeable; and WHEREAS, in order to further the public purposes of stimulating the local economy, expanding the tax base, and reducing unemployment, it is necessary and desirable for the City to authorize and approve the first amendment to the Agreement forgiving $33,333.00 of the indebtedness owned by Riverport to the City. 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 First Amendment to Interlocal Cooperative Agreement among the City, County and Riverport (the "First Amendment") 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 First Amendment for the purposes therein specified, and the execution and delivery of the First Amendment is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the First Amendment, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the First Amendment with such changes in the First Amendment 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 First Amendment by such official. 514 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. AT EST: Zf 4,6tr-k Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, November 27, 2007 Adopted by the Board of Commissioners, December 11, 2007 Recorded by City Clerk, December 11, 2007 Published by The Paducah Sun, December 18, 2007 \ord\agree-interlocal city, co, riverport $33,000 CERTIFICATION I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah, Kentucky, on December 11, 2007. 2 Tammara S. Brock, City Clerk 515 EXHIBIT A TO ORDINANCE 85684ver2 FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT (the "Amendment") is made and executed by and among CITY OF PADUCAH, a city of the second class of the Commonwealth of Kentucky, ("City"); McCRACKEN COUNTY, KENTUCKY, a political subdivision of the Commonwealth of Kentucky, ("County"); and PADUCAH-MCCRACKEN COUNTY RIVERPORT AUTHORITY, a body corporate and politic created by the ordinances of the City of Paducah, Kentucky, and McCracken County, Kentucky pursuant to authority granted by the legislature of the Commonwealth of Kentucky in KRS 65.510, et. seq., ("Riverport"). WITNESSETH: WHEREAS, on or about November 31, 2005, the parties entered into an Interlocal Cooperation Agreement (the "Agreement") which sets forth in detail the common plan of finance provide by City and County to enable Riverport to purchase at a purchase price of $1,200,000.00 a certain tract of real property located at 2308 South 4`t' Street, Paducah, McCracken County, Kentucky, together with all improvements, fixtures and appurtenant property rights, privileges, fleeting, and riparian rights thereto, (the "Property") for purposes of economic development along the Ohio and Tennessee Rivers within the City of Paducah, County of McCracken; and WHEREAS, on March 22, 2006, the Agreement was record in the McCracken County Court Clerk's office in Deed Book 1088, page 503; and WHEREAS, on April 26, 2007 Riverport did accept the bona fide offer of Western Rivers Properties, LLC ("Western") to purchase the Property at a reduced purchase price of $1,100,000.00 for purposes of establishing its corporate headquarters and marine service center in Paducah, McCracken County, Kentucky (the "Public Project"); and WHEREAS, as an additional financial incentive for Western to establish the Public Project in Paducah, McCracken County, Kentucky, Riverport agreed to finance the entire purchase price for a 15 year term; and WHEREAS, on May 16, 2007, the sale, transfer, and financing of the Property were consummated between Riverport and Western due to the positive impact the Public Project would have on the community by stimulating the local economy, expanding the tax base, and reducing unemployment; and WHEREAS, the leadership of the City and County strongly supported the location of the Public Project in Paducah, McCracken County, Kentucky, and the financial incentives provided by Riverport to Western for the establishment of the Public Project; and WHEREAS, as a result of the aforesaid financial incentives provided by Riverport to Western, Riverport has requested that the City and County amend the terms of the common plan of financing provided by the City and County to Riverport, as evidenced in the Agreement, by the forgiveness of a portion of the indebtedness owed by Riverport to the City and the County, to which the City and County are agreeable; and WHEREAS, City, County, and Riverport do now desire to execute the Amendment evidencing their agreement. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties hereto, the City, the County, and the Riverport do covenant and agree as follows: I. Amendment. Section 4 of the Agreement is hereby amended so that same shall hereinafter read as follows: 4. Terms of Financing_ Agreement. A. Riverport promises and agrees to promptly pay to the order of the City the principal sum of THREE HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS ($366,667.00), in United States Currency, with no interest. Riverport shall repay the indebtedness by the payment of one (1) installment of FOURTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS ($46,667.00) on or before the 1St day of December, 2007, and four (4) equal successive annual installments of EIGHTY THOUSAND AND 00/100 DOLLARS 3 �:�—_fs'1 __���:t_:t.. .mT++«.�Yw�.watsmer.2wr r5ti1141 �,�.,i.,..• .. ,. �, w���rirl. wR.,.+•�_� ���..�. � .�,'�lli.�, .vi�cic �.L^uJ.n��.:e+...+m. ,u wwn�.- — .. J_.c�2.i— mm�t. ,�.. ...�. inlxul7h_ 516 ($80,000.00) commencing on the 1st day of December, 2008, with a like installment payment to be due and payable on the l st day of December of each successive year, the final installment of principal due on the 1 st day of December, 2011. B. Riverport promises and agrees to promptly pay to the order of the County the principal sum of THREE HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS ($366,667.00), in United States Currency, with no interest. Riverport shall repay the indebtedness by the payment of one (1) installment of FOURTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS ($46,667.00) on or before the lst day of December, 2007, and four (4) equal successive annual installments of EIGHTY THOUSAND AND 00/100 DOLLARS ($80,000.00) commencing on the 1st day of December, 2008, with a like installment payment to be due and payable on the l st day of December of each successive year, the final installment of principal due on the 1 st day of December, 2011. H. Consent to the Sale of the Property. City and County acknowledge and ratify the sale of the Property by Riverport to Western. III. Reaffirmation of Ajreement. City, County, and Riverport by their execution hereof, do ratify and reaffirm all other terms and conditions of the Agreement and acknowledge the Agreement to be in full force and effect, the same having been amended only as set forth herein. IV. Effective Date . The effective date of the Amendment shall be on the date when said document is executed by the City, County, and Riverport after approval of governing body of each. IN WITNESS WHEREOF, the parties hereto have set their hands on the date below written. CITY OF PADUCAH, KENTUCKY By: William F. Paxton, Mayor Date: McCRACKEN COUNTY, KENTUCKY By: Van Newberry, Judge Executive Date: STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) PADUCAH-McCRACKEN COUNTY RIVERPORT AUTHORITY By: Steve Kight, Chairman Date: The foregoing instrument was acknowledged before me this day of _, 2007, by William F. Paxton, Mayor, City of Paducah, Kentucky, on behalf of said City. My commission expires 0 Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) County. The foregoing instrument was acknowledged before me this day of _, 2007, by Van Newberry, McCracken County Judge Executive, on behalf of said My commission expires Notary Public, State at Large STATE OF KENTUCKY ) COUNTY OF McCRACKEN ) The foregoing instrument was acknowledged before me this day of , 2007, by Steve Kight, Chairman of the Paducah -McCracken County Riverport Authority, on behalf of said Authority. My commission expires Notary Public, State at Large APPROVED BY THE GOVERNOR'S OFFICE OF LOCAL DEVELOPMENT OF THE COMMONWEALTH OF KENTUCKY, AS REQUIRED BY KRS CHAPTER 65.210 et seq.: ' By._ Title: Date: STATE OF KENTUCKY ) COUNTY OF The foregoing instrument was acknowledged before me this , 2007, by , the Governor's Office of Local Development of the Commonwealth of Kentucky. My commission expires This instrument was prepared by: DENTON & KEULER, LLP POST OFFICE BOX 929 PADUCAH, KENTUCKY 42002-0929 5 day of _ (title) on behalf of Notary Public, State at Large 517