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HomeMy WebLinkAbout2004-4-678652691 /CitPrd.Assign/52795 Wcrd ORDINANCE NO. 2004-4-6786 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY APPROVING AN ASSIGNMENT OF A CONSTRUCTION CONTRACT AMONG THE C1TY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY AND THE PADUCAH MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO A PUBLIC PROJECT, AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH ASSIGNMENT. WHEREAS, the City of Paducah, Kentucky (the "City") has previously determined, and hereby further determines, that is a public purpose to reduce unemployment in the City, to increase the City's tax base, to foster economic development within the City and to promote the development of a skilled workforce, all to the benefit of the citizens and residents of the City, and WHEREAS, the City has further determined that it is necessary and desirable to accomplish such public purposes that the City proceed at this time with the acquisition, construction and installation of an approximately 100,000 square foot facility (the "Project"), which Project is to be jointly owned by the City and the County of McCracken, Kentucky (the "County"); and WHEREAS, in order to provide for the construction and installation of the Project it is necessary and desirable that the City now authorize the execution of an Assignment of the Construction Contract among the City, the County and the Authority with respect to the Project. 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 Assignment of the Construction Contract among the City, the County and the Authority (the "Assignment") in substantially the form attached hereto as Exhibit A and made part hereof. It is hereby found and determined that the Project identified in the Assignment is public property to be used for public purposes. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Assignment for the purposes therein specified, and the execution of the Assignment is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Assignment, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Assignment with such changes in the Assignment 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 Assignment 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. This 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. Emergency. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading and publication of this Ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist as to the execution of the Assignment. Specifically, any delay in the execution of the Assignment could adversely impact the Project. 52691 /Cit)Ord.Assign/52795 Wcrd Section 6. Effective Date. This Ordinance shall become effective upon the first reading of this Ordinance. A TEST: / /;;- W'k Tammara S. Brock, City Clerk Introduced and adopted by the Board of Commissioners, April 5, 2004 Recorded by Tammara S. Brock, City Clerk, April 5, 2004 Published by The Paducah Sun, April 12, 2004 \ord\Infiniti-Construction (�D 52695assigp FOXH—r-Im ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this day of April, 2005, by and between the PADUCAH-MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, a body politic and corporate established in accordance with the laws of the Commonwealth of Kentucky, of P O Box 1155, Paducah, KY 42002-1155, (hereinafter called "Assignor") and CITY OF PADUCAH, KENTUCKY, a body politic and corporate, of P O Box 2267, Paducah, KY 42002-2267, and COUNTY OF MCCRACKEN, KENTUCKY, a body politic and corporate, of 301 South 6th Street, Paducah, KY 42003, (hereinafter collectively called "Assignee"); WITNESSETH: For good and valuable consideration, the receipt of which is hereby acknowledged by Assignor, Assignor does hereby grants, assigns, transfers, conveys, delivers, and sets over unto Assignee all of its rights and obligations as embodied in the Agreement dated March 19, 2004, by and between A&K CONSTRUCTION, INC., and Assignor, a copy of which is attached hereto as Appendix A (the "Construction Agreement") and all of Assignor's rights, title, and interest in, to, and under the Construction Agreement. Assignee hereby takes and accepts all such rights and obligations in, to and under the Construction Agreement, including without limitation all rights, liabilities and obligations created by the Construction Agreement. This agreement shall be binding upon the parties hereto, their heirs, successors, and assigns. WITNESS our signatures on the date above written. ASSIGNOR: i w- PADUCAH-MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY ASSIGNEE: CITY OF PADUCAH, KENTUCKY LIM Lo Title COUNTY OF MCCRACKEN, KENTUCKY Title Title CONSENT AND APPROVAL 1 Comes the Undersigned, by and between its duly authorized agent, and hereby consents to the assignment of the aforementioned Construction Agreement to Assignee. A&K CONSTRUCTION, INC. By Title