Settlement filed in Tavern Building case


By Matt Clevenger

[email protected]

TROY — Parties involved in court cases surrounding the Tavern Building on West Main Street have signed a settlement agreement, setting up a schedule for repairs to the building and the potential re-opening of West Main Street.

“The city’s paramount concern has been the safety of our citizens and visitors,” Troy Director of Public Service and Safety Patrick Titterington said. “This settlement agreement provides a solid deadline by which West Main Street should be reopened.”

“We are grateful to Judge Wall for successfully mediating this complicated resolution, especially since it fully protects the city’s interests while addressing all of the parties’ concerns,” he said. “We will continue to monitor progress towards making this property an economically viable contributor to our downtown.”

Under the 57-page settlement agreement, filed on Friday, Dec. 22, the building’s owner will sell the property to the Troy Historic Preservation Alliance (THPA), which will take possession of the building after a closing date no later than Dec. 22. The agreement will also settle all charges against the building’s owner in cases involving the city of Troy, Titterington said.

The purchase price of the building was not disclosed.

According to the agreement, the THPA must complete repairs needed to lift the county’s adjudication order and stabilize both portions of the Tavern Building no later than April 30, 2024. The agreement includes a list of more than 20 specific repairs that must be completed before the order will be lifted.

“There will be no extensions of time for any reason,” the settlement agreement states.

If work required to stabilize the building and lift the adjudication order is not completed before the deadline, the THPA will be required to demolish the Tavern Building and remove all construction debris from the site no later than May 30, 2024.

If the work is not completed and the THPA fails to demolish the building, the city of Troy is authorized to demolish the structure and remove the debris, with the costs assessed to the THPA as a lien against the property.

“The road would be opened as soon as the adjudication order is lifted,” Titterington said.

“The building will be closely monitored by the assistant county building official during the repair time frame,” he said. “There is a list of repair/replacement items that has been established and stamped engineering drawings will be submitted and evaluated along the way. That process will be followed not only for the list that’s already been generated by the CBO, but also for any new issues that are discovered once repairs begin.”

Under the settlement agreement, all parties involved in the Tavern Building case except for the city are also required to prepare and issue a joint press statement.

“The joint statement will include language stating that Rob England/the county were correct in issuing adjudication order No. 36,” the settlement agreement states. “Language will also be included recognizing THPA’s efforts to restore the building and West Main/Kimmel’s and the city’s efforts to address the community’s concerns and protect public safety.”

West Main Street has been closed in front of the building since June. The city’s costs related to the Tavern Building since the road were closed are approximately $75,000, Titterington said.

The THPA is currently seeking pledges towards the purchase of the Tavern Building, THPA President Ben Sutherly said.

“We are currently accepting pledges toward the building fund as part of our final stages of fundraising,” Sutherly said. “If you are interested in making a pledge, please email us at [email protected]. Please put “Pledge” in the subject line of your email, and include your name, a good phone number at which you can be reached, as well as the pledge amount.”

“Once the full cost and scope of repairs are determined, we will reach out to you about making a donation through an account set up at the Troy Foundation,” he said. “In the meantime, we will stay in regular contact with you and others who have made pledges.”

Lawyers representing the building’s owner, Randy Kimmel, did not respond to requests for comment in time for this story.

Formed in 2020, the THPA organized as a nonprofit to advocate for the preservation, restoration, and repurposing of Troy’s historic places, becoming a 501c3 in 2021.

“THPA traces its origins to a citizens group that formed in 2017 to advocate for the preservation of the former Trinity Church at 22 E. Franklin St.,” Sutherly said. “This church has now been preserved, and serves as “The 1833” event venue.”

The THPA currently includes approximately 75 members, he said, and operates an office located at 110 ½ W. Main St. More information can be found online at

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