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A RESOLUTION AUTHORIZING THE CITY OF FOLEY TO NEGOTIATION A LEASE OF CERTAIN CITY-OWNED PROPERTY TO DR. NIDAL MORRAR FOR PARKING PURPOSES AND AUTHORIZING THE MAYOR AND CITY STAFF TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT
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WHEREAS, the City of Foley owns certain real property located between Tax Parcel No. 05-54-05-21-2-000-014.000 and 05-54-05-21-2-000-003.000; and
WHEREAS, Dr. Nidal Morrar has expressed an interest in leasing a portion of said City property consisting of an approximately ten-foot (10') wide strip extending along the area depicted as the blue rectangular area on the attached exhibit and incorporated herein by reference as Exhibit "A" (the "Proposed Leased Premises"); and
WHEREAS, the City Council finds that the proposed use of the property for parking purposes may provide a public benefit by allowing for the removal of certain trees and maintenance of the area at the sole expense of the lessee while preserving the existing live oak tree identified on Exhibit "A"; and
WHEREAS, the Foley City Council desires to authorize the negotiation of a lease agreement and authorize the Mayor and City staff to finalize and execute such agreement upon terms determined to be in the best interest of the City and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, as follows:
SECTION 1: The Foley City Council hereby authorizes the Mayor, City Administrator, City staff, and City Attorney to negotiate the terms and conditions of a lease agreement with Dr. Nidal Morrar for the use of the Proposed Leased Premises as a parking area.
SECTION 2: Any lease agreement negotiated pursuant to this Resolution shall include, at a minimum, the following provisions:
a. An initial lease term of one (1) year, with the option to continue on a month-to-month basis thereafter unless terminated in accordance with the lease agreement;
b. A rental amount and payment schedule negotiated by the Mayor and City staff and incorporated into the final lease agreement, as determined to be in the best interest of the City;
c. A requirement that the lessee, at the lessee's sole cost and expense, remove only those trees approved by the City within the leased area, while preserving the existing live oak tree identified on Exhibit "A";
d. A requirement that the lessee install and maintain a gravel parking surface within the leased premises and obtain all permits and approvals required by applicable law;
e. A requirement that the lessee maintain the leased premises in a safe condition and be responsible for all maintenance associated with the leased premises;
f. Indemnification, hold harmless, and insurance provisions acceptable to the City Attorney protecting the City, its elected officials, employees, and agents from claims arising from the lessee's use, occupancy, maintenance, or improvement of the leased premises; and
g. A provision allowing the City to terminate the lease upon thirty (30) days' written notice following the expiration of the initial lease term.
SECTION 3: The Mayor is hereby authorized to execute the lease agreement and any related documents necessary to effectuate the intent of this Resolution, provided that such lease agreement contains the minimum provisions set forth herein and is reviewed and approved as to form by the City Attorney.
SECTION 4: The Proposed Leased Premises shall be used only for lawful purposes permitted by the lease agreement and applicable law.
SECTION 5: This Resolution shall become effective immediately upon its adoption.