HomeMy WebLinkAboutO-1673ORDINANCE NO.
AN ORDINANCE DIRECTING THE LEASE OF CERTAIN REAL
PROPERTY AND DECLARING SAID PROPERTY TO BE
TEMPORARILY SURPLUS AND NOT CURRENTLY NEEDED
FOR PUBLIC OR MUNICIPAL PURPOSES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA AS FOLLOWS:
Section 1. The legal description of the real estate that is the subject matter of this
Ordinance is in Baldwin County, Alabama and is more particularly described as
follows:
The East Half of Southeast Quarter and the Southeast
Quarter of the Northeast Quarter, less and except a parcel
described as commencing at the Southeast Comer of Section
33, Township 6 South, Range 2 East, run thence West, 1333
feet South, run thence North, 40 feet South for the Point of
Beginning; thence continue North, 801 feet South, thence
Southeast, 307 feet South, thence West, 65 feet South, to the
point of beginning.
Section 2. The CITY COUNCIL OF THE CITY OF FAIRHOPE, has determined
that the above described property is temporarily surplus and is not currently needed
for public or municipal purposes and pursuant to the authority granted by Section
11-47-21 of the Code of Alabama of 1975, the Council President is authorized to
execute a lease of said property to TOBIN STREET, INC. and ERIC STREET,
INC. d/b/a FAIRHOPE DAIRY for an annual payment of $9,975.00 to the general
fund.
Section 3. The terms of the lease shall be as follows:
1. The price is set at $95.00 per farmable acre (currently 105 acres)
and shall be paid in full at the start of the lease,
2. Fairhope Dairy is to mow the Pecan orchard on the property at
least six times per year as needed,
3. Fairhope Dairy shall not be responsible for repairing damage to
non-farmed land due to natural acts such as storm damage to the
orchard,
4. The lease term is for one year with four one year options under
the current terms,
5. The lease shall run from January 1 to December 31 effective
immediately,
6. The City of Fairhope reserves the right to partially terminate the
lease or carve out certain portions of the property for municipal
purposes,
7. The City shall provide 180 day notice to Fairhope Dairy of any
carve out or reduction of farmable acreage available under the
lease,
8. After said notice, the lease price shall be adjusted according to
the remaining farmable acreage.