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Home My WebLink About07-25-1956 Regular MeetingSTATE O ALABA.'AA, County of Baldwin The City Council of the City of Fairhope met in regular session at the City Hall,, Monday,.-tv"25,. 1956 with the f'ol lowing members peesent: Mayor E. B. Overton,, City Manager C. B. Niemeyer, Councilmen: R. H. Brown,, L. E. Blatchford, R. C. Macon and J. D. Mason, M. 0. Bergl in being absent. The minutesof the previous regular meeting were read and approved as read. The application of Percy Dale f'or liquor. permit at private club on Young Street was held for further consideration. Mr.. YJ. F. Haw i e' s request for beer permit to cover entire dov•nsta i rs area of the Fairhope Casino was held for further considerati n. Motion by C ounc i 1 man Mason seconded by C ounc i [man Macon that the City furnish labor to install spillway at Eastern Shore Hotel. Motion carried. Motion by Councilman Macon seconded by C ouncilc�an Brown that the subdivision of Robert Mason and Tom Brown be approved as approved by the City PI•ann i ng Commission. Motion carried. Motion by Councilman Mason seconded by Councilman Brown that the following Resolution be adopted: BE IT RE50LVED BY THE C ITY COUNC IL OF THE C ITY OF FAIRHOPE, that the Mayor of Fairhope and the Clerk of the City be and they are hereby authorized and directed to enter info lease agreement with the Fairhope Yacht Club for a• portion of Lot c A of Sea C I i f'f, in vo rdssand figures substantial l y as follows,: STATE OF ALABAMA BALDWIN COUNTY THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into on this the ,?.sday of , 19 S { _, by and between the City of Fairhope, municipal corporation, lessor, and the Fairhope Yacht Club, a corporation, lessee, WITNESSETH: FIRST: That the said lessor does hereby demise, lease and let to the lessee for the period and under the terms and con- ditions herein set out the following described land situated in Baldwin County, Alabama, to -wit: All that part of Lot A of Sea Cliff as per plat thereof recorded in the office of the Judge of Probate of Baldwin County, Alabama, in Deed Book 7 at pages 90-91, lying south of the following described lands: Beginning on Mobile Bay at a point 100 feet south of the north line of said Lot A; thence East 410.6 feet; thence South 460 141 East 151.$ feet; thence South 22° 40 t East 89, 7 feet; SECOND: The term of this lease shall be for a period of twenty years from date and from year to year thereafter unless and until the lessor shall give written notice to the lessee of the termination of the same and it shall continue for eighteen months after such notice. THIRD: The lessee for the first year's rental shall make all necessary surveys and pay the cost of any and all necessary lease agreements and other papers incidental to this lease and for each year thereafter the lessee will pay to the lessor the sum of $200.00 rental, cash in advance. Provided that in the event the lessee shall be and become in default for thirty days for the payment 6f such annual cash rental cane lg this lease and any shah. cease and determine. the lessor may upon sixty days notice and all rights of the lessee hereunder FOURTH:' The lessee from time to time may erect buildings on the said,"lands, but only after plans and specifications therefor, together with a statement of the use to which the same shall be put shall be submitted to and approved by the City Council of the City of Fairhope. The lessee may cause adjacent water to be dredged deeper and may enlarge the same, but such dredging shall not en- croach upon the lands of the said leased premises without the ap- proval therefor from the City Council of the City of Fairhope. FIFTH: The City of Fairhope has a water main in and across the leased premises. In the event the activities of the lessee on the said premises shall damage the same the lessee will cause the same to be repaired without cost to the City. The lessee may remove such main from the leased premises provided it shall con- struct at its own expense a like main along such line as the City shall direct. All such cost of removing said main and of construct- ing a main in lieu thereof shall be borne by the lessee. SIXTH: iAt the expiration of the term of this lease and of any renewal thereof, any and all buildings placed on the said premises or adjacent thereto by the lessee, its sub -tenants and licensees may be removed and any and all such buildings not removed therefrom shall be and become the property of the lessor. SEVENTH: This lease shall not be transferred or assigned without the written consent of the lessor. EIGHTH: The premises leased shall be used by the lessee in connection with and as a part of the operation of its Yacht Club in the City of Fairhope, and in the event the lessee shall cease to function and operate as a Yacht Club or for any six consecutive months shall cease to use the leased premises as a part of and in connection with the operation of its Yacht Club at Fairhope, this lease shall terminate and the said property shall revert to the lessor. NINTH: This lease is executed under authority of and in conformity with a resolution of the City Council of the City of Fairhope adopted and entered on the minutes of its meeting of the ? day of IN TNESS WHEREOF, The City of Fairhope has caused these presents to be executed by E. B. Overton, its Mayor, and Marie Moore, its Tom Clerk, and its corporate seal to be hereto affixed, and the Fai.rhope Yacht Club has caused these presents to be executed by Isadore Reynoldsp its Commodorej and iGeorge H. J. Krog, its Treasurer2 this the c- y and year First above written. City Of Fairhop By49 Mayor Thir ope Yacht Club �„ Comodore BY Treasurer/ Motion by Councilman Mason seconded by Councilman Brown that the following Resolution be adopted: Motion carried. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, that the Mayor of Fairhope and the Clerk of the City be and they are hereby authorized and directed to enter into lease agreement with the Fairhope Yacht Club for a portion of Lot A of Sea Cliff, in words and fizures substantially as fnllnwat l STATE OF ALABAMA BALDWIN COUNTY THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into on this the,5 day of by and between the City of Fairhope, a4ilufnicipal corporation, lessor, and the Fairhope Yacht Club, a corporation, lessee, WITNESSETH: FIRST: That the said lessor does hereby demise, lease and let to the lessee for the period and under the terms and con- ditions herein set out the following described land situated in Baldwin County, Alabama, to -wit: All that part of the North 100 feet of Lot A of Sea Cliff as per map thereof recorded in the office of the Judge of Probate of Baldwin County, Alabama, in Deed .Book 7, pages 90-91, which lies of Sea Cliff Drive; W F5T SECOND: The term of this lease shall be for a period of one year from date and from year to year thereafter unless and until the lessor shall give thirty days written notice to the lessee of the termination of the same. THIRD: The lessee shall pay to the lessor the sum of $1.00 per year rental for the said premises. It shall not assign this lease or sub -let the same or place any improvements thereon without the written consent of the lessor. FOURTH: If any water, sewerage or gas mains of the lessor are on the above described leased premises, the lessee will repair any damage it may do or suffer to be done. The lessee may remove such main from the leased premises provided it shall construct at its own expense a like main along such line as the City shall direct. All such cost of removing said main and of constructing a main in lieu thereof shall be borne by the lessee. FIFTH: This lease is executed under authority of and in conformity with a resolution of the City Council of the City of Fairhope adopted and entered on the minutes of its meeting of the day of �, e , 19 �� • IN WITN S WHEREOF, The City of Fairhope has caused these presents to be executed by E. B. Overton, its Mayor, and Marie Moore, its Town Clerk? and Its corporate seal to be hereto affixed, and the Fairhope Yacht Club has caused these presents to be execut- ed by Isadore Reynolds, its Commodorej and George H. J. Krog, its Treasurer, this the day and year First above written. City of �Tblrhopq By ICZ Mayor By Clerk Fairhope Yacht im