HomeMy Public PortalAbout3rd Amendment to Intergovt Contract- GA Inter & Maritime Trade Center Authority 12-21-2016THIRD AMENDMENT TO
INTERGOVERNMENTAL CONTRACT
(City of Tybee Island)
This Third Amendment to Intergovernmental Contract (this "Third Amendment"), dated
as of December 21, 2016, between the GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY, a public body corporate and politic and an instrumentality
of the State of Georgia, created under the laws of the State of Georgia (the "Authority"), and the
CITY OF TYBEE ISLAND, a municipal corporation and a political subdivision of the State of
Georgia (the "City");
WITNESSETH:
WHEREAS, the City and the Authority entered into an Intergovernmental Contract (the
"Contract") dated as of December 1, 1997, as amended, for the purpose of having the Trade
Center Tax described in the Contract and collected by the City paid to the Authority in order to
assist the Authority in providing for the operation and management of the Georgia International
and Maritime Trade Center (the "Trade Center"); and
WHEREAS, Section 1.1 of the Contract, as amended, provides for its expiration on the
earlier of December 31, 2016, or the date on which the Trade Center will no longer be operated
for the purposes authorized by Georgia law; and
WHEREAS, the parties hereto wish to extend the expiration date of the Contract
pursuant to the terms of this Amendment;
NOW, THEREFORE, the City and the Authority agree as follows:
1. Section 1.3 of the Contract is hereby stricken in its entirety and a new Section 1.3 is
hereby inserted in lieu thereof to read as follows:
Section 1.3 Effective Date; Duration of Term. This Contract shall be
effective as of December 31, 2016, and shall expire on the earlier of December
31, 2018, or the date on which the Trade Center is no longer operated for the
purposes authorized by the Georgia law creating the Authority. This Contract may
be renewed by agreement of the parties hereto.
2. Notwithstanding any other provision contained in the Contract, the City is expressly
authorized to seek to increase its hotel/motel tax rate as authorized under O.C.G.A. § 48-
13-51 [including, but not limited to, subsection (b) thereof] in order for the City to secure
proceeds for tourism product development and other purposes. Thus, if the City secures
authorization for such an increase, it would no longer be collecting the tax pursuant to
O.C.G.A. § 48-13-51(a)(3.2) at a rate of 6% but, rather, would be collecting the tax
pursuant to local legislation and at a higher rate; however, the amount and the rate
payable to the Authority would continue at 1 cent of the tax and, if necessary and
appropriate, such payment may be made through and under a contract with the private
sector non-profit organization, as defined in O.C.GA. § 48 -I3 -51(A) of paragraph 8.
3. Except as amended hereby, all other provisions of the Contract shall remain in full force
and effect.
IN WITNESS WHEREOF, the Authority and the City have caused this Amendment to
Intergovernmental Contract to be executed by their duly authorized officers in their respective
corporate names and their respective corporate seals to be hereunto affixed and attested, all as of
the date first above written.
(Corporate Seal)
(Corporate Seal)
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GEORGIA INTERNATIONAL AND MARITIME
TRADE CENTER AUTHORITY
By:
Chairman
Attest:
Secretary
CITY OF TYBEE ISLAND
By: C
Mayor
Attest.
Tybee/22781/Contracts-Agreements/Gaft'I Maritime Trade Ctd3d Ame - Trade Center Agreement _ 11.02.16
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