Baldwin County, Alabama
File #: 20-1465    Version: 1
Agenda section: Consent Status: Passed
File created: 8/13/2020 Meeting type: Baldwin County Commission Regular
On agenda: 9/1/2020 Final action: 9/1/2020
Agenda item title: Termination of Lillian Recreational Center, Inc. Lease Agreement
Attachments: 1. Lillian Recreational Center Lease Agreement 2019-2024, 2. Notice of Termination Letter - DRAFT

Meeting Type:   BCC Regular Meeting

Meeting Date:  2/5/2019

Item Status:   New

From: Wayne Dyess, County Administrator

Submitted by:  Anu Gary, Administrative Services Manager

______________________________________________________________________

 

ITEM TITLE

Title

Termination of Lillian Recreational Center, Inc. Lease Agreement

Body

 

STAFF RECOMMENDATION

Recommendation

Related to the Lease Agreement between the Baldwin County Commission and Lillian Recreational Center, Inc., for the Lillian Recreational Center, Inc., to lease 6 acres, more or less, of county property known as the Lillian Recreational Center Park in Lillian for the purposes of providing a public park and a recreational facility, take the following action:

 

1)  As authorized in Section 8. of the Lease Agreement, terminate the lease agreement by giving one-month (30 days) written notice of termination to the Lillian Recreational Center, Inc., said termination effective October 1, 2020.    

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  02/05/2019 - Last lease agreement approval.

 

Background:  On February 5, 2019, the Commission approved a Lease Agreement between the Baldwin County Commission and Lillian Recreational Center, Inc., for the Lillian Recreational Center, Inc., to lease 6 acres, more or less, of county property known as the Lillian Recreational Center Park in Lillian for the purposes of providing a public park and a recreational facility.  The term of the lease shall begin upon the date of full execution and expire five (5) years thereafter, unless sooner terminated by either party according to the terms contained in the agreement.   This agreement shall superseded and made null and void, any previous Lease Agreements between the Baldwin County Commission and Lillian Recreational Center, Inc., related to the County property known as the Lillian Recreational Center Park in Lillian.  

 

Currently, $1.00 per year is paid to the County by the Lillian Recreational Center, Inc.

 

The County pays $1,200.00 annually to the Lillian Recreational Center, Inc. to off-set miscellaneous repairs to the premises.

 

General Background Information:

 

Since the late 1980's, when the County acquired the 6-acre Lillian Recreational Park property located in the unincorporated Lillian community on US Highway 98, the Commission has entered into a series of five-year lease agreements with Lillian Recreational Center, Inc.  The property is used as a public park and recreational facility for the Lillian community.  The County Parks Division performs grounds maintenance on Center property on a periodic basis, and the County Building Maintenance Department performs facilities/equipment maintenance at the Center on an infrequent basis.   

 

FINANCIAL IMPACT

 

Total cost of recommendation:  TBD - The cost of maintenance and needed repairs at the Lillian Recreational Park to be added to the Parks Department budget, beginning Fiscal Year 2021.

 

Budget line item(s) to be used:  TBD

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

Yes.   

 

Reviewed/approved by:  Reviewed and approved by Laura Coker, Stone Crosby 08/20/2020 akg

 

Additional comments:  N/A

 

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration - correspondence to:

 

Notice of Termination Letter via U.S. Regular and Certified Mail, to:

 

Reverend Melvin E. Whitehurst, Ph.D., President

Lillian Recreational Center, Inc.

32369 Highway 98

Lillian, Alabama  36549

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  N/A

 

Additional instructions/notes:  N/A