Title
(First Reading) An Ordinance Approving the Amendment of a Ground Lease by Riviera Utilities
Body
WHEREAS, the Utilities Board of the City of Foley d/b/a Riviera Utilities (“Riviera Utilities”) has found and determined that it is in the best interests of Riviera Utilities to lease certain real property to Point Broadband Fiber Holding, LLC, or to its affiliated designee or assignee (“Point Broadband”); and
WHEREAS, Riviera and Point Broadband entered into the Lease Agreement dated September 30, 2024;
WHEREAS, the City of Foley authorized this Lease Agreement by Ordinance Number 24-2027-ORD, and
WHEREAS, Riviera Utilities and Point Broadband wish to amend said Lease Agreement to change the legal description of the leased property to what is shown on Exhibits “A” and “B” hereto; and
WHEREAS, the City Council of the City of Foley has found and determined that amendment of said Lease Agreement is in the best interests of both Riviera Utilities and the City of Foley;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Foley on this the 18th day of November, 2024 as follows:
1. That, pursuant to Code of Alabama, Section 11-50-314(a)(10) and other applicable laws, the City Council of the City of Foley hereby consents to the amendment of said Lease Agreement negotiated between and agreed to by Riviera Utilities and Point Broadband to swap out Exhibits “A” and “B” in the original Lease Agreement with the Exhibits “A” and “B” attached hereto.
2. That the City Council hereby ratifies all previous actions taken by Riviera Utilities in connection with the same.
3. That the Clerk is hereby authorized to publish this ordinance in accordance with law and to furnish a certified copy of the same to Riviera Utilities at the soonest practicable date.
4. That this ordinance shall become effective immediately upon its publication as required by law.