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(Second Reading) AN ORDINANCE DECLARING CERTAIN REAL PROPERTY NOT PRESENTLY NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZING THE LEASE OF THE SAME TO AUTOWORX, LLC (D/B/A NAPA AUTO PARTS FOLEY)
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WHEREAS, the City of Foley, Alabama (the “City”), is the owner of certain real property located on a portion of Lot 5, Block 32 of the Town of Foley Subdivision, as recorded in Map Book 1, Page 25, in the records of the Baldwin County Probate Office; and
WHEREAS, a small building is located on said real property; and
WHEREAS, the City Council of the City of Foley has determined that said building and property are not presently needed for public or municipal purposes; and
WHEREAS, since 2015 the property has been leased for private use, including a lease to Bill Jenkins, business owner located at 203 South McKenzie Street, on or about July 20, 2020, as authorized by Ordinance No. 20-2015; and
WHEREAS, the prior lease has expired and the adjacent business is now operated by Autoworx, LLC, doing business as NAPA Auto Parts Foley; and
WHEREAS, the City Council finds that leasing the subject property to Autoworx, LLC (d/b/a NAPA Auto Parts Foley) is in the best interest of the public and the City of Foley, as it will allow continued productive use and maintenance of the property in connection with the adjacent business; and
WHEREAS, Section 11-47-21, Code of Alabama, authorizes municipalities to lease real property not needed for public or municipal purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1. Declaration of Property.
The City Council hereby finds, establishes, and declares that a small building is located on a portion of Lot 5, Block 32 of the Town of Foley Subdivision, as recorded in Map Book 1, Page 25, in the records of the Baldwin County Probate Office.
Section 2. Property Not Needed for Municipal Purposes.
The City Council hereby finds, establishes, and declares that said building and real property are not presently needed for public or municipal purposes and that the property has previously been leased for private use, including a lease to Bill Jenkins, business owner located at 203 South McKenzie Street, on or about July 20, 2020, as authorized by Ordinance No. 20-2015.
Section 3. Expiration of Prior Lease.
The City Council hereby finds, establishes, and declares that the prior lease has expired and that the adjacent business is now operated by Autoworx, LLC, doing business as NAPA Auto Parts Foley.
Section 4. Authorization and Terms of Lease.
The City Council hereby finds, establishes, and declares that it is in the best interest of the public and the City of Foley, Alabama to lease the subject real property to Autoworx, LLC (d/b/a NAPA Auto Parts Foley) upon the following basic terms, together with such additional terms and conditions as may be approved by the parties and legal counsel:
a. A five (5) year lease term with automatic renewals;
b. Early termination permitted by either party upon notice; and
c. Rent in the amount of One Hundred Dollars ($100.00) per month, or One Thousand Two Hundred Dollars ($1,200.00) per year, so long as the site is maintained and used in conjunction with the adjacent business.
Section 5. Execution of Lease.
Pursuant to the authority granted by Section 11-47-21, Code of Alabama, the Mayor and the City Clerk are hereby authorized and directed to execute and attest a lease approved by legal counsel and to take any and all actions deemed necessary or prudent to effectuate the lease of said property to Autoworx, LLC (d/b/a NAPA Auto Parts Foley).
Section 6. Effective Date.
This ordinance shall become effective immediately upon its adoption and publication as required by law.