The URL can be used to link to this page

Home My Public Portal About20170323CityCouncilPacket.pdfTable of Contents 000_000_20170323Agenda2.pdf000_000_20170323Agenda2.pdf....................................................................................................................................................................................... 1Binder1.pdf Table of Contents....................................................................................................................................................................................... 1 000_000_20170323Agenda 050_010_20170304SpecialCityCouncilMeeting....................................................................................................................................................................................... 3 050_020_20170309Minutes....................................................................................................................................................................................... 4 050_030_20170315SpecialCityCouncilMeeting....................................................................................................................................................................................... 9 110_010_The Stunned Mullet....................................................................................................................................................................................... 10 120_010_Agenda request SE pedestrian plan....................................................................................................................................................................................... 14 120_011_SE Pedestrian Planning 3.7.17....................................................................................................................................................................................... 15 120_020_Agenda Request TIMA gym mou....................................................................................................................................................................................... 25 120_021_TIMA MOU w-City 03.13.17....................................................................................................................................................................................... 26 120_030_ Agenda Request - T-Mobile 2nd Amendment....................................................................................................................................................................................... 28 120_031_T- Mobile - 2nd Amendment with exhibits....................................................................................................................................................................................... 30 SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT....................................................................................................................................................................................... 30 Recitals....................................................................................................................................................................................... 30 120_032_DOC030217-03022017162626....................................................................................................................................................................................... 38 120_040_Lease draft 3-13-17{1721596.1}....................................................................................................................................................................................... 41 WITNESSETH:....................................................................................................................................................................................... 41 120_050_DOC031417-03142017151314-0001....................................................................................................................................................................................... 57 120_060_Agenda Request M. park bathroom change order #1....................................................................................................................................................................................... 58 120_061_Memorial Park Restrooms - Change Order 01 - 2017 03 15....................................................................................................................................................................................... 59 130_010_08-2017 Sec 22-29 Nuisance - REDLINE - 03.14.17....................................................................................................................................................................................... 61 130_011_08-2017 Sec 22-29 nuisance 03.14.17 - CLEAN....................................................................................................................................................................................... 62 140_030_BTF Beach Litter Statement of Purpose Rev Feb 2017....................................................................................................................................................................................... 65 140_031_2017_3_13_Tybee MSC....................................................................................................................................................................................... 66 AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL MARCH 23, 2017 7:00PM Please silence all cell phones during Council Meetings 1. Consideration of Items for Consent Agenda 6:30PM 2. Executive Session 3. Opening Ceremonies 1 Call to Order 2 Invocation 3 Pledge of Allegiance 4. Recognitions and Proclamations 5. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council 1 Special City Council Meeting, March 4, 2017 2 City Council Meeting, March 9, 2017 3 Special City Council Meeting, March 15, 2017 6. Consideration of Boards, Commissions and Committee Appointments 7. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 1 Ben Wall, Atlantic Waste, update 8. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes. 9. Consideration of Approval of Consent Agenda 10. Public Hearings 11. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 1 Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales – Entertainment. The Stunned Mullet, LLC, dba Marlin Monroe’s 12. Consideration of Bids, Contracts, Agreements and Expenditures 1 South End Pedestrian Improvement Plan 2 MOU for Tybee Island Maritime Academy (TIMA) use of Tybee Gym 3 Proposed 2nd Amendment to the T-Mobile Lease on the water tank located at 111 Butler Avenue 4 North Beach Grill Lease 5 American Tower Corporation, Extending the Existing Lease Agreement 6 Change order for water fountain at Memorial Park restrooms. We originally planned to use a water fountain and bottle filler that had electrical components. Due to flood rules we needed to change models. This change order represents a shipping and restocking fee less the difference in cost of the new units. Budget Line Item Number: 320-6210-54-1310 13. Consideration of Ordinances, Resolutions 1 First Reading, 08-2017, Sec 22-29, Nuisances 14. Council, Officials and City Attorney Considerations and Comments 1 Jason Buelterman, Permission to apply for grant for Extension and Expansion of Beach Re- nourishment Project 2 Bubba Hughes, Explanation of Edits, Special Events 3 Wanda Doyle i. Tybee Island Beach Taskforce: Sub-Committee on Beach Litter ii. Update on Marine Science Center conceptual drawing 4 Monty Parks i. Beach Ambassadors ii. Response to planned unsponsored event 5 George Shaw, Paving Schedule of Highway 80, GaDOT, For Discussion Only 15. City Manager’s Report 16. Minutes of Boards and Committees 17. Executive Session 1 Discuss litigation, personnel and real estate 18. Possible vote on litigation, personnel and real estate discussed in executive session 19. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” Special City Council Minutes March 4, 2017 Jason Buelterman called the Special City Council Meeting to order at 10:00AM, Saturday, March 4, 2017. Those attending were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Barry Brown made a motion to adjourn to Executive Session to discuss personnel. Bill Garbett seconded. Vote was unanimous, 6-0. Monty Parks made a motion to return to regular session. Bill Garbett seconded. Vote was unanimous, 6-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 6-0. Meeting adjourned at 11:55AM _________________________ Janet LeViner Clerk 20170323CityCouncilPacket Page 3 of 66 20170316/jrl City Council Minutes, March 9, 2017 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on March 9, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were George Shaw, Interim City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting, February 23, 2017 • Special City Council Meeting, February 27, 2017 • Special City Council Meeting, March 1, 2017 • Lynda Stoller, Master Plan Implementation Committee • Alcohol License Request: Special Event – Beer and Wine – Tybee Wine Festival, Tybee Post Theater, 10 Van Horne, Friday, May 5, 2017 • Alcohol License Request: Special Event – Beer, Wine, and Liquor – Tybee Wine Festival, Tybee Light Station, 30 Meddin Drive, Saturday, May 6, 2017 • Proposed Water and Sewer Rate Increase Based on the CPI – U of 2.5% • Proposed Garbage and Recycling Rate Increase of 2.5%. This proposed rate includes complementary recycling (no fee) only to senior households that qualify for senior exemption. The fiscal impact is $222.48/month for 36 households. In addition, this proposed rate still includes the reduced rate of $5.97/household for Stephens Day residents for side door service for one garbage cart and one recycling cart per household, the fiscal impact is $2,820/month • Proposal: Raise the Annual Fire Protection Subscription in Unincorporated Tybee Island from $103.02 to 105.60 years to reflect the 2.5% percent increased CPI-U index per Code Section 26-41 (a) • Approval from the City Council to allow the Finance Director and HR Division Director to travel out of town to Denver, CO to attend the GFOA Annual Conference, May 21 – 24, 2017 and Pre-Conference May 19 – 20, 2017. • Out of State Travel – March 20 – 21, 2017, Jason Buelterman, to Washington, D.C. to meet with Local State Dignitaries • Resolution, Georgia Homegrown Music Festival. Sarah Bernzott approached Mayor and Council to answer questions and address concerns. Ms. Doyle stated it is her understanding the Control and Festival Zones have been set-up in the South-end Business District for events that are held where there is a charge for wristbands in the Control Zone. Promotors of the events would be responsible for their event and the goal of the Control Zone is to sell wristbands in order to make money to go back into the Festival. In this way, attendees could go into the Festival Zone free. Ms. Doyle expressed her concerns with allowing other groups to utilize the Control and Festival Zones. Mr. Hughes concurred as the area was originally set up for city designated festivals and if Mayor and Council are approached by an outside entity, the area would have been to designate as a Festival. The dates and Control Zone would then have to be determined. Ms. Doyle asked Ms. Bernzott, referring to her diagram, if the Control Zone is designated in yellow which goes from Izlar to Atlantic Avenue including Tybrisa. In the narrative the Roundabout, Tybrisa, and pass the pier to 14th Street are included. Ms. Bernzott responded that she wants to do what is best for Tybee. When the narrative was written there was confusion regarding the Control and Festival Zones and will defer to Mayor and Council for the best way to proceed. She explained there will 20170323CityCouncilPacket Page 4 of 66 20170316/jrl be no other activities during the Festival with the exception of the music, Battle of the Bands. Ms. Bernzott confirmed that she has spoken with all business owners in the area with the exception of one business and the restaurants are very excited with the proposed event. Ms. Livingston confirmed the Control Zone would include Izlar going north to the 14th Street Parking Lot. Ms. Bernzott stated if it is your desire to have an alcoholic beverage on the street, you would be required to purchase a wristband. This is the same policy as with the Pirates Fest. Mayor Buelterman confirmed proceeds would be donated to the National Movement Alliance. Ms. Bernzott confirmed and explained 10% would come back to the City of Tybee and 10% would go to Tybee Island YMCA. Ms. Doyle thanked Ms. Bernzott. Mr. Parks stated it is his understanding the Control Zone would not go to the water’s edge and drinking would be allowed on the beach. Ms. Bernzott concurred. He then asked if Department of Natural Resources (DNR) has approved the event to have a stage. Ms. Bernzott stated she is working with DNR for a permit and does have a Plan B. Mayor Buelterman thanked Ms. Bernzott. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation June Johnson, Vicar, All Saints Episcopal Church • Pledge of Allegiance Carolyn Jurick, Tybee Island Maritime Academy (TIMA), approached Mayor and Council to give a brief update of TIMA. Ms. Jurick explained TIMA is in their fourth year of a five year Charter and the Board is currently writing a renewal. She stated the College and Career Readiness Performance Accountability was 86.1 which is higher than any other elementary school in Chatham County. Two mobile units were added and one more needs to be added as the growth rate is at 92%. Ms. Jurick is asking the City and the Tybee Island YMCA to use the Tybee Island YMCA Gym for the current year for their physical education classes. In this way the cafeteria can be used for small instruction. TIMA will be flexible with their schedule and will not use the gym on Fridays. Ms. Doyle stated this is doable as all parties are in agreement to be flexible. Mr. Hughes recommended there be a Memorandum of Understanding with TIMA so they assume the risk and responsibility for the students and name the City as an additional insured. Ms. Jurick stated TIMA needs a letter by April 1, 2017 that can be given to the State. Mayor Buelterman confirmed and thanked Ms. Jurick for her hard work. Ms. Jurick thanked the City and residents for their continued support with TIMA. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings Private Parking Lot • 215 Lovell Avenue, PIN 4-0004-09-008A; R-2; Marianne Bramble, petitioner. Marianne Bramble approached Mayor and Council to ask for approval of her private parking lot. This would include 32 days, Memorial Day through Labor Day weekends to include holidays as approved in previous years. Ms. Doyle asked Mr. Shaw if there were any outstanding citations. Mr. Shaw stated no. Bill Garbett made a motion to approve. Wanda Doyle seconded. Voting in favor were Julie Livingston, Monty Parks, 20170323CityCouncilPacket Page 5 of 66 20170316/jrl John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to approve. • 1001 Butler Avenue; PIN 4-0006-14-013; Zone R-2; Renee Bridges, petitioner. Russell Bridges approached Mayor and Council to answer any questions. Being none, Wanda Doyle made a motion to approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to approve. • 214 Second Avenue; PIN 4-40004-09-007; Zone R-2; Joyce Prescott, petitioner. Monty Parks made a motion to approve. Julie Livingston seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to approve. • 203 14th Street; PIN 4-0007-18-001; Zone R-2; Jack Rosenberg, petitioner. Monty Parks made a motion to approve. Julie Livingston seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to approve. • 1511 Butler Avenue; PIN 4-0008-07-005; Zone C-1/SE; Agnes Yao, petitioner. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. • 1401 Strand; PIN 4-0008-02-016; Zone C-1/SE; Brett Loehr, petitioner. Bill Garbett made a motion to approve. Monty Parks seconded. Vote was unanimous, 6- 0. Text Amendment, First Reading, 2017-01-B, Sec 3-090, Schedule of Development Regulations to address height limitations. Mr. Shaw stated there was good discussion on the proposed ordinance at the Planning Commission. It is a complex item and the Planning Commission voted unanimously to continue this item and requested Mayor and Council send back to them. In this way they can present a clean version to be heard before Mayor and Council at the April 13, 2017 meeting. Mr. Hughes confirmed there will be a Text Amendment coming before Mayor and Council to include definitions. Bill Garbett made a motion to refer back to the Planning Commission for further recommendations. John Major seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Proposed 2nd Amendment to the T-Mobile Lease on the water tank located at 111 Butler Avenue. Mr. Shaw explained it is the intent to add an additional antenna to the tower with no additional revenue to the City. Mr. Hughes added the revised drawings are included in the packet before them. Mayor Buelterman recommended No Action Taken until such time as the subject of additional revenue to the City is researched. Ms. Doyle recommended it be Deferred until March 23, 2017 meeting. Consideration of Ordinances, Resolutions Second Reading, 06-2017, Short Term Vacation Rental. Mr. Hughes stated the language has been adjusted to make it clearer. Basically the intent of the last meeting and what is before Mayor and Council currently is to make the provision regarding annual registration of short term vacation rentals entirely consistent with the Occupational Tax Business License Procedure. This will be due January 1st but if not paid my March 1st there will be a penalty. Ms. Doyle asked if all registration forms have been received. Mr. Shaw responded they do not believe they have all been submitted due the Hurricane Matthew. There was a meeting with the owners and management firms where registration was discussed and it was determined that registration forms are not required until the unit is rentable. Ms. Livingston stated units are being rented for later in the summer as repairs will be done and the unit rentable. There was a 20170323CityCouncilPacket Page 6 of 66 20170316/jrl brief discussion regarding the tracking of registration of units after repairs are completed. Mayor Buelterman stated it is the policy that is reservations are taken; registration and a business license must be in place. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 04-A 2017, Article III, Special Events. Mayor Buelterman stated the only changes that have been made are (1) the ability to go after those that are promoting an unpermitted event and (2) gives the City Council ability by Resolution to ban alcohol on the beach for certain times if a pop-up event occurs. Mr. Hughes confirmed and stated the proposed ordinance has been adjusted to reincorporate the Festival provisions and Control Zones. This also includes wading in the water. Mayor pro tem Brown asked if there is a definition for a large crowd. Mr. Hughes responded, “an event that would draw a crowd in excess of one person for every seven square feet of beach controlled by the producer or where people are gathered for purposes of the event”. This will not change the Beach Rules or anything that is currently in place. Mr. Hughes continued, this incorporates the Special Event restrictions that were used by Panama City Beach in some respects along with a definition of producer and promoter as being someone presumably who would be held responsible for an event if they do not get a permit. Ms. Doyle stated there is confusion regarding an interruption of the proposed ordinance. She asked if the ordinance gives Mayor and Council authority to implement any type of alcohol ban such a three month spring break ban. Mr. Hughes replied that this gives Mayor and Council the authority by Resolution, Sec 54-74(4), to place restrictions on activities including but not limited to the public consumption of alcoholic beverages in areas designated by Resolution upon a report to them that an unpermitted event is being promoted, advertised, and published on social media or otherwise, where the promotion indicates there is an immediate risk to public safety, welfare, citizens and property of those participating in the event or residents of the City. This could include loud music and not limited to an alcohol ban. Ms. Doyle asked the goal in calling a special city council meeting. Mr. Hughes stated the goal would be to encourage compliance with the existing ordinance which would require a permit at least sixty days prior to the event being planned. If the event is not permitted and poses the necessary risks or threats which are determined to exist, the Resolution is passed and the Ordinance provides, if this is done, the Resolution is to be distributed as publically as possible and as quickly as possible. The goal is to deter the event unless the producer/promoter follows the process. Ms. Livingston stated this is another tool for the Tybee Island Police Department and sees no reason why this should not be done. It gives Mayor and Council the authority to take action and be limited to the time of the event. Mayor pro tem Brown asked if there would be a limitation to the time frame of the ban. Ms. Doyle stated the unpermitted event must meet the criteria of being a promoted, unpermitted event. Mr. Parks confirmed this is event confirmed. Ms. Doyle stated this is driven by social media. Mr. Hughes confirmed. Bill Garbett made a motion to approve as amended, by striking the words “or attended”, Sec 54- 75(d) from the proposed ordinance. Julie Livingston seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to approve. Council, Officials and City Attorney Considerations and Comments Jason Buelterman read the proposed Resolution, Sunday Sales. This Resolution urges the State Legislators to take action regarding Sunday Sales. Wanda Doyle made a motion to approve to forward to State Legislators. Bill Garbett seconded. Vote was unanimous, 6-0. Monty Parks distributed a hand-out for information regarding Beach Ambassadors. Mr. Parks stated the Beach Ambassadors can assist the Tybee Island Police Department (TIPD) and Ocean Rescue with sandbar spotting’s and calling it in. This also assists Chief Bryson with his 20170323CityCouncilPacket Page 7 of 66 20170316/jrl volunteer program. This would be a friendly approach to education regarding the beach rules. Mayor Buelterman asked who the Beach Ambassadors will report to. Mr. Parks responded the TIPD. Ms. Doyle stated she is in support of the program and shared her concerns on why this was not brought to the Public Safety Committee for discussion. Mr. Parks responded he would like to bring this for their recommendations. Ms. Doyle stated she is concerned regarding the budget for this proposed program as department heads just cut their individual budgets by 10%. Mr. Parks asked this be included on the upcoming agenda for the Public Safety Committee on March 23, 2017. Barry Brown, Refund to the MSC for HVAC. Mayor pro tem Brown requested Mayor and Council consider refunding the cost of the new air conditioning unit, $33,000, as this is a city owned building. Ms. Livingston asked Mr. Hughes to bring back the Agreement that show what the City is responsible for regarding maintenance and equipment. Mayor pro tem Brown to get more information to include invoices and bring back during budget cycle for consideration. Julie Livingston made a motion to adjourn to Executive Session to discuss litigation, real estate and personnel. Wanda Doyle seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:15PM __________________________________ Janet LeViner Clerk 20170323CityCouncilPacket Page 8 of 66 20170316/jrl Special City Council Minutes March 15, 2017 Jason Buelterman called the Special City Council Meeting to order at 3:30PM, Wednesday, March 15, 2017. Those attending were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also in attendance was Edward Hughes, City Attorney, EPRA. Julie Livingston made a motion to adjourn to Executive Session to discuss personnel. Wanda Doyle seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to return to regular session. Monty Parks seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 6-0. Meeting adjourned at 4:45PM. _________________________ Janet LeViner Clerk 20170323CityCouncilPacket Page 9 of 66 20170316/jrl 20170323CityCouncilPacket Page 10 of 66 20170316/jrl 20170323CityCouncilPacket Page 11 of 66 20170316/jrl 20170323CityCouncilPacket Page 12 of 66 20170316/jrl 20170323CityCouncilPacket Page 13 of 66 20170316/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 3.23.17 Item: South End Pedestrian Improvement Plan Explanation: This is a proposal for design services from Thomas & Hutton to prepare conceptual pedestrian streetscape improvement layouts and exhibits. The scope will be 14th from Lovell to the beach, 15th from Butler to the beach, 17th from Butler to the Strand, and 18th from Butler to the Strand. This proposal incorporates attendance at several meetings (Pedestrian Comm., Infrastructure Comm., etc.) for feedback and presentations at a public meeting and City Council meeting. Should the Mayor and Council choose to go forward with this project the next step would be to contract for engineering and landscape design services. The actual construction could be phased over several years as funds are available. Budget Line Item Number (if applicable): ? Paper Work: x Attached* ______ Audio/Video Presentation** * Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: George B. Shaw Phone / Email: gshaw@cityoftybee.org Comments: Ideally these streetscape plans will result in a safer and more enjoyable pedestrian experience in the very congested south end business district. 20170323CityCouncilPacket Page 14 of 66 20170316/jrl 20170323CityCouncilPacketPage 15 of 6620170316/jrl 20170323CityCouncilPacketPage 16 of 6620170316/jrl 20170323CityCouncilPacketPage 17 of 6620170316/jrl 20170323CityCouncilPacketPage 18 of 6620170316/jrl 20170323CityCouncilPacketPage 19 of 6620170316/jrl 20170323CityCouncilPacketPage 20 of 6620170316/jrl 20170323CityCouncilPacketPage 21 of 6620170316/jrl 20170323CityCouncilPacketPage 22 of 6620170316/jrl 20170323CityCouncilPacketPage 23 of 6620170316/jrl CITY OF TYBEE ISLAND - PEDESTRIAN IMPROVEMENT PLAN Programming/Pre-Design 3/7/2017 Project Manager IILandscape Architect IIILandscape Architect IHourly Rate 140$ 150$ 135$ Hours FEE ITEM TASK Sub-Total Sub-Total 1 Site Reconnaissance 5 5 3 13 1,855$ 2 14th Street Concept Plan 3 10 20 33 4,620$ 3 15th Street Concept Plan 3 9 18 30 4,200$ 4 17th Street Concept Plan 3 9 18 30 4,200$ 5 18th Street Concept Plan 3 9 18 30 4,200$ 6 North Strand Ave. & Parking Lot 3 9 18 30 4,200$ 7 Attendance at Pedestrian Committee Meeting (3 meetings)6 6 12 1,740$ 8 Attendance at Infrastructre Committee Meeting (3 meetings)6 6 12 1,740$ 9 Public Meeting (1 meeting, including preparation)5 5 5 15 2,125$ 10 Presentation at City Council (1 meeting, including preparation)5 5 10 1,450$ Sub-Total - Personnel 42 73 100 215 30,330$ Reimbursables Printing, Travel, Materials, Reproduction (Approx 5% of Personnel Cost)1,600.00$ Total - Programming/Pre-Design 32,000.00$ Thomas & Hutton Engineering Co. 1 3/7/2017 20170323CityCouncilPacket Page 24 of 66 20170316/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 3.23.17 Item: MOU for Tybee Island Maritime Academy (TIMA) use of Tybee Gym Explanation: TIMA is growing beyond its capacity and is requesting use of the City’s gym for its physical education classes. They would only need to use the gym Monday through Thursday during school hours and would work with the YMCA so there are no scheduling conflicts. Currently DPW cleans the gym on Thursday so this conflict may need to be worked out. Budget Line Item Number (if applicable): N/A Paper Work: x Attached* ______ Audio/Video Presentation** * Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: George B. Shaw Phone / Email: gshaw@cityoftybee.org Comments: The City has traditionally made every effort to support TIMA. This is another way for both organizations to work together for the benefit of the students. 20170323CityCouncilPacket Page 25 of 66 20170316/jrl X:\Clients\000572\0000.572.22781-Agreements-Contracts- MOUs\Charter School\MOU w-City 03.13.17.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this ____ day of __________________, 2017, by and between the CITY OF TYBEE ISLAND, GEORGIA, a duly organized municipality under the state of Georgia, hereinafter referred to as “City”, and the TYBEE ISLAND CHARTER SCHOOL, a duly organized organization conducting a charter school program within the City, hereinafter referred to as “Charter School.” W I T N E S S E T H : WHEREAS, the City is a duly existing municipality; and WHEREAS, the Charter School is located in the City; and WHEREAS, City owns gymnasium that is also used by the YMCA to conduct certain programs; and WHEREAS, Charter School is in need of the use of the gymnasium for its recreational and educational purposes; and WHEREAS, the City and the Charter School wish to accommodate the needs and wishes of each with respect to the use of the gymnasium. NOW, THEREFORE, the City and the Charter School enter into this Memorandum of Understanding as follows: 1. For a period commencing on the ____ day of _____________________, 2017, and for one year thereafter, Charter School attendees and instructional staff in connection with student participation and school activities may use the City gymnasium at approved hours and pursuant to an appropriate schedule. 2. The Charter School will supply evidence of liability insurance of not less than $1,000,000.00 combined single limit with the City named as an additional insured on a comprehensive general liability policy so as to cover the City, its agents, employees and representatives from any claims arising out of the Charter School and its instructors’ and students’ use of the City gymnasium. 3. The representatives of the Charter School shall coordinate scheduling usage of the gymnasium with a designated representative of the City and all such uses shall be agreed upon in advance. Such representatives will be named within 20 days of the execution of this Memorandum. The City and the Charter School shall each provide notice to the other of the name, title, telephone number, and email address of their designated representatives. Any changes in designated representatives shall be communicated in writing to the other party. 20170323CityCouncilPacket Page 26 of 66 20170316/jrl 4. This Memorandum of Understanding may be canceled by the City or the Charter School upon twenty (20) days’ notice to the other party with such notice to be made in writing and delivered by or to the other party and, in the case of notice to the City, notice shall be made to the Mayor of the City, Jason Buelterman, at the jbuelterman@cityoftybee.org, and to the Charter School by email to Carolyn Jurick at ckjurick@comcast.net. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____ day of __________________, 2017. CITY OF TYBEE ISLAND By: ____________________________________ Jason Buelterman, Mayor Attest: __________________________________ Jan LeViner, Clerk APPROVED AS TO FORM: ____________________________ Edward M. Hughes City Attorney CHARTER SCHOOL By: ____________________________________ Its: _____________________________________ 20170323CityCouncilPacket Page 27 of 66 20170316/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND INTERIM CITY MANAGER George B. Shaw CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 3.23.17 Item: Proposed 2nd Amendment to the T-Mobile Lease on the water tank located at 111 Butler Avenue Explanation: This lease agreement is to add another antenna to the water tank at 111 Butler Ave. They increased the amount of the lease last summer but were unable to add the additional equipment at that time. Both Diane Schleicher and George Reese have confirmed this information and support this agreement. Paper Work: X Attached* Submitted by: George Shaw Phone / Email: gshaw@cityoftybee.org Comments: Cell phone antennae are not harmful to the water tank and are a consistent source of revenue for the City. 20170323CityCouncilPacket Page 28 of 66 20170316/jrl P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20170323CityCouncilPacket Page 29 of 66 20170316/jrl SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE (“Amendment”) is made and entered into by and between The City of Tybee Island, (“Landlord”), and SunCom Wireless Property Company, LLC, successor in interest to Triton PCS Property Company LLC (“Tenant”). Recitals The parties hereto recite, declare and agree as follows: Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into a Water Tower Attachment Lease Agreement dated August 11, 1999 (including any prior amendments, the “Lease”), with respect to Water Tank located at 111 Butler Avenue, Tybee Island, GA 31328. WHEREAS, Landlord and Tenant desire to amend the Lease to allow Tenant to modify Tenant’s existing Communications Equipment; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. Effective as of ___________, 2017, Tenant will have the right to modify its Antenna Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects. 2. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this Amendment will govern and control. 3. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of execution by the last party to sign. City of Tybee Island SunCom Wireless Property Company, LLC By:_______________________________ By:__________________________________ Name:____________________________ Name: David Seale Title:_____________________________ Title: Director, Network Engineering & Ops Date:_____________________________ Date:_________________________________ 20170323CityCouncilPacket Page 30 of 66 20170316/jrl Exhibit A LOADING PER THIS SECOND AMENDMENT ANTENNA HEIGHT: 153’ (Engineer stamped construction drawings by Kimley Horn dated 2/3/17 attached) (3) TMBXX-6517-R2M ANTENNAS (3) NOKIA FASB ANTENNAS (3) NOKIA FRIG RRUS (3) NOKIA FXFB RRUS (3) RAYCAP RNSNDC-7771-PF-46 COVPs (3) NOKIA ASU9325TYP01 HYBRID CABLES 20170323CityCouncilPacket Page 31 of 66 20170316/jrl 20170323CityCouncilPacketPage 32 of 6620170316/jrl 20170323CityCouncilPacketPage 33 of 6620170316/jrl 20170323CityCouncilPacketPage 34 of 6620170316/jrl 20170323CityCouncilPacketPage 35 of 6620170316/jrl 20170323CityCouncilPacketPage 36 of 6620170316/jrl 20170323CityCouncilPacketPage 37 of 6620170316/jrl 20170323CityCouncilPacket Page 38 of 66 20170316/jrl 20170323CityCouncilPacket Page 39 of 66 20170316/jrl 20170323CityCouncilPacket Page 40 of 66 20170316/jrl 1721596.1 Draft 3-13-17 LEASE AGREEMENT THIS LEASE AGEEMENT (“Lease”), made and entered into as of March ____, 2017 by and between The City of Tybee Island, Georgia, a municipal corporation, ("Landlord"); and North Beach Bar & Grill, LLC, a Georgia limited liability company, (hereinafter “Tenant”). WITNESSETH: 1. Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants, and conditions, and stipulations which hereinafter follow, that certain space (hereinafter called "Premises"), to wit: The parties agree that the Leased Premises is a one story frame building containing approximately _______ rentable square feet, exterior decks, entrance ways and service area as shown on Exhibit “A” known as 33 Medin Drive, Tybee Island, Georgia 31328. Note: Landlord and Tenant agree that the Premises, as shown on Exhibit “A” hereto, shall be subject to revision whereby the northern property line of the Premises shall be extended north in order to accommodate the new access ramp as per Section 9 below. 2. Term. This Lease shall be for a term of sixty (60) months and twenty-one (21) days (the “Initial Term”) unless renewed, extended or terminated earlier pursuant to the provisions hereinafter set forth. The Initial Term shall commence on April 10, 2017 (“Commencement Date”) and shall expire at midnight on April 30, 2022 (the “Expiration Date”). 3. Rent. (a) Base Rent. During the Initial Term, the base rent shall be Three Hundred Sixty Thousand Dollars ($333,850.00) (an annual rent of $66,000.00) due and payable in equal monthly payments of Five Thousand Five Hundred Dollars ($5,500.00) in advance, on the first (1st) day of each calendar month; with a rent of Three Thousand Eight Hundred Fifty Dollars ($3,3850.00) for the period of April 10, 2017 through April 30, 2017. Base Rent shall be deemed late, and Landlord shall be entitled to a late fee of five percent (5%) of the amount due, if Base Rent has not been received by Landlord by 5:00 p.m. on the fifteenth (15th) day of the month. (b) Place of Payment. The Base Rent, plus any additional rent as hereinafter described, shall be paid to Landlord in lawful money of the United States of America, at the address specified in Section 25 hereof for notices or at such other address as Landlord may from time to time designate in writing. The Base Rent together with additional rent is collectively referred to herein as "Rent." (c) Security Deposit. No Security Deposit is to be paid by Tenant. (d) Automatic Renewal and Renewal Term. Provided that the Tenant is not in default hereunder, Tenant and Landlord may extend the lease for one (1) renewal period of five (5) years from May 1, 2022 through April 30, 2027 (“the Renewal Term”) on the same terms and conditions as for the Initial Term except that the Base Rent for each year (the annual rent) shall be increased by an amount equal to three percent (3%) of the preceding year's annual rent. For example, the annual Base Rent for the first year of the Renewal Term shall be $67,980.00 ($66,000.00 previous year’s rent + 3% of $66,000.00) and the second year of the Renewal Term the annual Base Rent shall be $70,019.40 20170323CityCouncilPacket Page 41 of 66 20170316/jrl 1721596.1 ($67,980.00 previous year’s rent + 3% of $67,980.00). Annual Rent shall be payable for the convenience of the Tenant in twelve (12) monthly installments rounded to the next whole dollar during the renewal term. Tenant and Landlord agree that the Lease shall be automatically renewed upon this basis unless Tenant or Landlord gives the other party notice to the contrary in writing at least one hundred-eighty (180) days prior to the expiration of the Initial Term. (e) Holding Over. If Tenant remains in possession of the Premises beyond the Term, the tenancy shall be a tenancy at will upon the same terms and conditions as those applicable to the period immediately preceding the Expiration Date except the monthly Base Rent shall be 150% of the Base Rent during such preceding period. 4. Returned Checks. In addition to late charges as per Section 3(a), Tenant agrees to pay $50.00 for any check returned for insufficient funds, closed account, or for any other reason. 5. Use. Premises shall be used for a full service restaurant including the sale of alcoholic beverages and the incidental sale of merchandise. No other use shall be permitted without the prior written consent of the Landlord. Premises shall not be used for any illegal purposes Tenant shall comply with all laws, ordinances and regulations relating to the improvements, maintenance, use and occupancy of the Premises. 6. Conduct of Business. In conducting its business, Tenant shall at its own cost and expense, procure each and every permit, license, or certificate required in connection with the lawful and proper use of the Premises. Neither the failure on the part of Tenant to procure such permit, license, certificate or other authorization nor the revocation of the same shall in any way affect the liability of Tenant for the payment of rent or the performance or observance of any of the covenants or conditions herein contained on the Tenant's part to be performed and observed. Tenant shall also observe any reasonable requirements of any insurer under any policy affecting the Premises and not do anything that may damage the Premises. Tenant covenants that it will: (a) keep the interior and exterior of the Premises clean at all times; (b) adhere to a no smoking policy in the Premises, but Tenant, its customers, agents, servants, guests, and employees shall be permitted to smoke outside the Premises and on the decks provided that Tenant at its expense police the areas and remove any trash or debris caused by this activity; (c) not allow any animals, birds, bicycles or other vehicles other than wheelchairs inside the Premises, however, dogs shall be permitted on the decks of the Premises; (d) not create or maintain, or allow others to create or maintain, any nuisances, including without limiting the foregoing general language, offensive odors and smoke or dust in, upon, or about the Premises; and (e) maintain and keep current all permits, licenses and authorizations necessary for the operation of a restaurant with consumption of alcohol on the premises. 7. Services and Utilities: Tenant shall contract for and pay all charges for services and utilities used in, on or about the Premises including but not limited to, electricity, water and sewer, gas, telephone/data, security system, exterior lighting, trash removal, pest control, interior and exterior cleaning, janitorial. In the event that at any time, Tenant shall fail to promptly pay any of the foregoing charges, Landlord shall have the right, but not the obligation, to pay such charge or charges for and on behalf of Tenant and such amounts so paid shall be deemed to be additional rent hereunder and shall be payable by Tenant to Landlord upon demand. Tenant’s failure to pay for utility charges and to maintain utility 20170323CityCouncilPacket Page 42 of 66 20170316/jrl 1721596.1 services to the Premises or fail to pay Landlord if Landlord pays any of the foregoing charges on Tenant’s behalf shall constitute a breach of this Lease Agreement. Landlord shall not be liable in the event of any interruption in the supply of any utilities or services. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed and maintained at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. 8. Parking. Paid parking is available to the Tenant and its customers, agents, servants, employees in the adjacent public parking lots and are entitled to nonexclusive use of the parking spaces at or near the premises. These spaces are not free; vehicles parking in the designated spaces will require a parking decal or a parking receipt. 9. Landlord’s Maintenance, Repair and Alterations. Landlord shall be responsible for maintaining and repairing the roof, including making the repairs needed as of the execution of this Lease; however Landlord shall not be responsible for any repairs or maintenance of the roof if necessitated by an act or omission of Tenant. Landlord shall be responsible for all structural repairs, unless caused by the negligence of Tenant, its employees, contractors or agents. Landlord shall make the necessary alterations to one restroom in order to make it compliant with the American Disability Act (“ADA”) and make the alterations or reconstruction of the access ramp located on the northern side of the Premises to make it ADA compliant. Landlord shall widen the paver incline to the deck that is located on the southern side of the Premises so as to be ADA compliant. Landlord shall maintain the flower beds currently under warranty as part of the North Beach Public Restrooms. In performing maintenance and making the repairs and alterations hereunder, Landlord will make all reasonable effort to undertake such with minimal disruption of Tenant’s business. Landlord shall not be responsible or liable for any consequential costs, expenses or damages in any way related to a defective condition of the Premises or the repair of such condition including, without limitation, liability for loss of income, business, or profits or any other costs. 10. Tenant’s Maintenance, Repair and Alterations. Tenant, its members, manager(s) and/or related predecessor entity, have occupied the Premises and conducted a restaurant business therein since approximately , 199 and as a consequence are fully familiar with the condition of the Premises and thereby accept the Premises in their “as is” condition. Except as otherwise specifically provided in section 9 above, Tenant shall be responsible for all maintenance and repair of the Premises and thus, Tenant shall, at its sole cost and expense, keep the Premises in a safe, and serviceable condition and free from any infestation by insects, rodents, or other pests, and, make all needed maintenance, repairs, and replacements for the proper operation of Tenant’s business in, upon and about the Premises, including, but not limited to, all maintenance, repairs, and replacements to and to keep the same in good condition and repair: (i) doors, windows, window frames, plate glass, door closures, door frames and store fronts; (ii) all plumbing and sewage facilities within the premises, including free flow up to the connection to the main sewer line; (iii) all fixtures; (iv) all electrical systems; (v) all sprinkler systems and landscape areas with the exception of the flowerbeds adjacent to the public walkway; (vi) all interior and exterior walls, floors, and ceilings; (vii) the porches, decks of and the approaches to the Premises; (viii) all repairs, replacements, or alterations required by any governmental authority; (ix) HVAC system; and (ix) all necessary repairs and replacements of Tenant’s trade fixtures required for the proper conduct and operation of Tenant’s business. 20170323CityCouncilPacket Page 43 of 66 20170316/jrl 1721596.1 Tenant shall at all times during the Term comply with all building, zoning, health or other applicable rules, regulations or laws, whether federal, state or local in effect as of the date of this Lease, whether now or hereafter in effect, relating to or otherwise arising out of Tenant’s particular use or and/or occupancy of the Premises and shall at Tenant’s expense make any improvements or alterations to the Premises necessary to comply with such requirements. Tenant shall also make any repairs or replacements caused by vandalism to the Premises or any part thereof if said damage is not covered by insurance. Should Tenant neglect to perform any of its obligations as set forth in this section at all times throughout the term of this Lese, Landlord shall have the right (but not the obligation) to cause any such obligation to be accomplished, and all costs reasonably incurred in connection therewith shall be repaid by Tenant to Landlord as Additional Rent, due on the next rental installment date. Further, Tenant’s failure or neglect to perform any of the obligations in this section shall constitute a breach of this Lease Agreement, even if Landlord performs and seeks to be repaid as Additional Rent. Tenant shall have no obligation for repair or reconstruction of any damage to the Premises, not including Tenant’s fixtures, furnishings and equipment, caused by fire or other casualty and covered by Landlord’s insurance, unless said damage is the result of Tenant’s negligent or intentional acts or omissions. Tenant shall be liable for and shall hold Landlord harmless with respect to any damage or injury to Landlord or Landlord's property, the Premises, or property of Landlord's other tenants, or anyone else, if due to any act, omission or neglect of Tenant, Tenant's agents, employees, licensees or invitees. Approved Notwithstanding anything to the contrary herein, Tenant, at its sole cost, is to make all non- structural repairs to the premises and to make all structural repairs which were caused by its own negligence or the negligence of its employees or agents. Further, Landlord shall not be responsible for structural repairs that would have been covered by Landlord’s insurance, but are not covered due to Tenant failing to give timely notice of the needed repair to Landlord which results in a denial of coverage. Tenant shall within three (3) months of the execution of this Lease Agreement construct an eight (8) foot tall privacy fence on the northwestern portion of the Premises for the purposes of screening from public view Tenant’s storage container(s) and garbage and refuse receptacles, including but not limited to Tenant’s dumpster(s) and garbage cans, etc. Tenant shall be responsible for maintenance of the privacy fence. Once the paved ramp to the deck is widened by the Landlord, Tenant shall remove the wood ramp on the eastern side of the Premises so that it does not encroach over the boundary of the Premises. Any alterations or other construction undertaken by Tenant which requires a building permit shall also be separately approved by Landlord, i.e. the issuance of a building permit is not approval by Landlord for compliance with this provision, and the approval required by this Lease shall be written approval by the City Manager, not to be unreasonably withheld. 11. Landlord’s Right to Cure. In the event Tenant fails to perform any of its obligations hereunder, in addition to any other remedies provided it hereunder or by law, except as otherwise excluded hereunder, Landlord shall have the right, at its option, to perform such obligations on behalf of Tenant at any time following thirty (30) days’ prior written notice to Tenant (except in cases of emergency, in which event no notice shall be required and further in the event of cancellation of insurance upon one day’s notice), or such longer time as may reasonably be required if such obligation cannot be performed within said thirty (30) day period, provided Tenant has commenced performance within said thirty (30) day period and diligently pursues performance until complete 20170323CityCouncilPacket Page 44 of 66 20170316/jrl 1721596.1 thereafter. In such event, Tenant shall pay Landlord, as Additional Rent hereunder, all costs and expenses so incurred by Landlord, including reasonable attorneys’ fees, upon demand by Landlord. 12. Additional Rent and Taxes. Additional Rent shall include but not be limited to the cost to Landlord to cure as per Section 11. As of the execution of this Lease Agreement, the Premises are not subject to ad valorem (“property”) taxation by Chatham County, the State of Georgia, the Savannah Chatham County Public School System, or any other governmental taxing authority. In the event the Premises becomes subject to any property tax, Tenant shall promptly pay said tax as Additional Rent. Payment of taxes upon the personalty, equipment, inventory, etc. located within the Premises shall be the sole responsibility of Tenant and Tenant shall promptly pay said taxes when due. 13. Alterations, Changes, Additions and Signs. No changes, alterations, or additions shall be made by Tenant to the Premises without the prior, written consent of Landlord, not to be unreasonably withheld, and any such changes, alterations or additions, to or on the Premises made with the aforesaid written consent of Landlord shall, at the option of Landlord without payment to the Tenant remain for the benefit of and become the property of Landlord upon the termination of this Lease, unless Landlord provides written consent, in its absolute discretion, to the removal of such at Tenant's cost and expense. Tenant may install, at its expense and without Landlord's written consent, trade fixtures, movable partitions, furniture, equipment, and other personal property, and may remove the same at any time prior to the termination of this Lease provided that all rent has been paid for the entire term. If any damage is caused to the Premises by Tenant's removal of any property, Tenant shall bear the cost of any such repair. Tenant shall not install or maintain any equipment, partitions, furniture, or apparatus, the weight or operation of which would tend to injure or be detrimental to the Premises or (in Landlord's reasonable judgment) be loud or offensive to other Tenants. All exterior signs shall be approved by Landlord in writing, and said approval not to be unreasonably withheld. 14. Insurance. Tenant shall maintain insurance coverages in compliance with the Insurance Specifications contained in Exhibit “B” attached hereto. Tenant also agrees to maintain a Special Form property and casualty insurance coverage against loss or damages to its personal property and improvements. Such insurance shall also cover Tenant’s loss of income in an amount sufficient to cover Tenant’s obligations for expenses of this Lease for a period of at least twelve (12) months. Tenant shall deliver to Landlord a certificate of insurance at least fifteen (15) days prior to the Commencement Date, and a renewal certificate at least fifteen (15) days prior to the expiration of the policy which it covers. Such policies must provide for thirty (30) days’ prior written notice to Landlord in the event of a material change or cancellation of such policy. Such property insurance coverage shall provide for replacement cost valuation. 15. Destruction of or Damage to Premises. If the Premises (are damaged or destroyed so that the Premises becomes totally or partially untenantable, Landlord shall be required, to the extent of available insurance proceeds, to repair or restore the Premises to the state of its existence as of the date of this Lease as expeditiously as is practical under the circumstances, unless Tenant elects to terminate this Lease as hereinafter described in this Section. Any insurance proceeds received by Landlord with respect to Tenant’s trade fixtures, property owned by Tenant, or property which Tenant may remove from the Building pursuant to this Lease, and not used for repair or rebuilding such items, shall be held in trust for Tenant and delivered to Tenant upon request. 20170323CityCouncilPacket Page 45 of 66 20170316/jrl 1721596.1 Tenant may terminate this Lease by giving written notice to the Landlord within thirty (30) days after the occurrence of any damage or destruction to the Premises which will, in the opinion of an independent third party architect or engineer, reasonably renders more than Fifty (50%) Percent of the Premises untenantable for a period longer than Ninety (90) days. In the event that this Lease is terminated, neither party shall be further obligated to the other except that Tenant shall be responsible to pay Landlord all rent and other charges due hereunder to the date of such termination. Tenant may remove any non-structural improvements made by Tenant or other property owned by Tenant. In the event that the Premises are damaged or destroyed by fire, storm, or other casualty so that the Premises shall be rendered totally or partially untenantable, the until the Premises are rebuilt or restored to their former condition by Landlord, the payment of rent shall be reduced in the same proportion as the number of square feet of the Premises occupied by the Tenant prior to the loss or destruction. Rental shall automatically be reinstated as portions of the Premises are returned to use by Tenant (provided it is commercially reasonable for Tenant to conduct at least a portion of its business thereon) and shall be fully reinstated upon completion of the repairs or restoration by Landlord. 16. Force Majeure. Whenever a period of time is herein prescribed for action to be taken by Landlord, Landlord shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, Acts of God, shortages of labor or materials, wars, governmental laws, regulations or restrictions, or any other causes of any kind whatsoever which are beyond the control of Landlord; provided, however, the number of Force Majeure days will not be sixty (60) days. 17. Indemnity. Tenant hereby indemnifies and releases Landlord from, and agrees to hold Landlord harmless against, any and all liability, loss, cost, damage or expense arising from injury to Tenant or Tenant's servants or employees, or any invitee or business visitor or person while in, about or upon the Premises, except if due to the sole gross negligence of Landlord, its agents, employees, contractors, invitees or licensees. In addition, Tenant indemnifies and releases Landlord from, and agrees to hold Landlord harmless against, all claims for damages to persons or property arising by reason of the use or occupancy of the Premises, including all reasonable attorneys' fees and other expenses incurred by Landlord as a result thereof, except if due to sole gross negligence of Landlord, its agents, employees, contractors, invitees or licensees. Furthermore, Tenant indemnifies Landlord and agrees to compensate and hold harmless Landlord in connection with any damage or injury to Landlord or Landlord’s property, the Premises, or any property, or any other party or parties, person or persons, if due to any negligence or willful misconduct of Tenant, or any of its employees, servants, agents, representatives or invitees, or otherwise occurring in connection with any default of Tenant hereunder. The provisions of this section shall survive any termination of this lease. 18. Condemnation. (a) Complete Taking. If at any time during the Term, title to the entire Premises should become vested in a public or quasi-public authority by virtue of the exercise of a taking by condemnation or the right of eminent domain (or transfer in lieu thereof) or in the event that title to a portion of the Premises should be so taken or transferred rendering continued use by Tenant commercially unreasonable, then this Lease shall terminate as of the time of vesting of title, after which neither party shall be further obligated to the other except that Tenant shall be responsible to pay Landlord all Rent and other charges due hereunder for the current Lease year owed to Landlord up to the date of such termination. Tenant may remove any non-structural improvements made by Tenant or other property owned by Tenant. 20170323CityCouncilPacket Page 46 of 66 20170316/jrl 1721596.1 (b) Partial Taking. In the event of a partial taking of the Premises or transfer in lieu thereof which does not render continued occupancy and use by Tenant commercially unreasonable, then this Lease shall continue, provided, however, that payments of Rent shall be reduced in the same proportion as the number of square feet of the Premises taken or transferred bears to the total number of square feet of the Premises prior to the taking or transfer in lieu thereof. In all other respects this Lease shall be unaffected. (c) Condemnation Award. In the event of any such taking or transfer in lieu thereof, whether of the entire Premises or a portion thereof, it is expressly agreed and understood that all sums awarded, allowed or received in connection with the loss of fee simple title to the Premises or a portion thereof shall belong to Landlord; provided, however, the foregoing shall not prevent Tenant from seeking compensation in its own name on its own behalf of the loss of Tenant’s right to use and occupy the Premises under this Lease, and other incidental and consequential damages. 19. Assignment and Subletting. Tenant shall not, without written notice to Landlord and the prior written consent of Landlord, in each instance, directly or indirectly, voluntarily or involuntarily, by operation of law, merger, consolidation, reorganization or otherwise, mortgage, hypothecate, pledge, encumber, sell, transfer or assign this lease, in whole or in part, or sublease all or any part of the Premises, or permit the use or occupation of all or any part of the Premises by any party (all of the foregoing being collectively referred to as an “Assignment”). The sale or transfer of a majority membership interest in Tenant or a majority of Tenant’s voting stock shall constitute an Assignment for purposes of this section. Tenant shall promptly reimburse Landlord for Landlord’s costs and expenses, including, without limitation, reasonable attorneys’ fees, in connection with any proposed Assignment. Tenant shall not sublease the Premises in whole or in part without the prior written consent of Landlord. which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary provided in this Section, Tenant shall be permitted to assign its interest in the Lease, without the consent of the Landlord, in connection with granting a Leasehold Mortgage (as hereinafter defined) or to an "Affiliate." For purposes hereof, "Affiliate" shall mean (1) any majority shareholder of Tenant or majority member of Tenant or (2) any corporation, partnership, limited liability company, trust or other entity controlling, controlled by or under common control with Tenant or a majority member of Tenant. Any such subletting or assignment shall not release Tenant from its obligations hereunder unless Landlord expressly agrees to release Tenant. 20. Default by Tenant. The occurrence of any of the following shall constitute a material default and breach of this lease by Tenant: (a) any failure by Tenant to pay rent or to make any payment required to be made by Tenant hereunder which failure shall continue for ten (10) days after written notice thereof by Landlord to Tenant; (b) the abandonment or vacating, in whole or in part, of the Premises by Tenant without the payment of rent (c) failure to discharge any lien filed against the Premises on Tenant's account which failure shall continue uncured for thirty (30) days after Tenant's actual notice of its filing; (d) a failure by Tenant to observe and perform any other provision of this lease to be observed or performed by Tenant, which failure shall continue for thirty (30) days after written notice thereof by Landlord to Tenant, (except in the event of failure to maintain any of the insurance as per Section 14 and Exhibit B, Tenant’s failure continues for three (3) days after written notice); provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such 30-day period, Tenant shall not be deemed to be in default if Tenant 20170323CityCouncilPacket Page 47 of 66 20170316/jrl 1721596.1 shall within such period commence such cure and thereafter diligently prosecute the same to completion; (e) the making by Tenant or any guarantor of any general assignment for the benefit of creditors; (f) the filing by or against Tenant or any guarantor of a petition to have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (g) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this lease, where possession is not restored to Tenant within thirty (30) days; (h) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this lease, where such seizure is not discharged within ten (10) days; or (j) the cessation of business for a period of ten (10) consecutive days due to a government agency ordering cessation of business, e.g. Georgia Department of Revenue for unpaid sales taxes, etc. Upon the occurrence of any event of default, Landlord may exercise any one or more of the following remedies, it being agreed that pursuit of any remedy provided in this Lease shall not preclude pursuit of any other remedy or remedies herein provided or provided by law, and that any of such remedies may be pursued regardless of whether or not the default continues to exist and whether or not Landlord accepts or has accepted rent subsequent to the occurrence of such default: (a) Terminate this lease by giving notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises and Landlord shall repossess itself thereof by using such force as may be necessary, without being guilty of trespass, forcible entry, detainer or other tort, Tenant having, subject to any claims of Landlord, ten (10) days thereafter to remove any personal property belonging to Tenant which remains on the Premises, and which thereafter shall become the property of Landlord; or (b) With or without terminating this lease, and without notice to Tenant, enter upon the Premises or any part thereof, change the locks and relet the Premises, without advertisement, by private negotiations, and for any term and rental rate which Landlord in its sole discretion determines. Tenant shall be liable to Landlord for all rent due hereunder and for all of Landlord's reasonable costs and expenses, including attorney's fees and real estate commissions in connection with any reletting, and all costs needed to bring the Premises into similar condition as existed at the time this lease was executed, normal wear and tear excepted. 21. Signs. Tenant shall not place or use signs or other materials intended to attract attention upon the outside walls, fences or roof of the Premises or exterior grounds of the Premises that can be seen from the public areas surrounding the Premises without the written consent of the Landlord whose consent shall not be unreasonably withheld. 22. Entry for Carding, etc. Landlord may card the Premises "For Rent" or "For Sale" ninety (90) days before the termination of this Lease. Landlord may enter the Premises at reasonable hours and with at least 24 hours advance notice to the Tenant to exhibit same to prospective purchasers or Tenants or to make repairs to Landlord's adjoining property, if any. 23. Tenant Notices. Tenant hereby appoints as his agent to receive service of all dispossessory or distraint proceedings and notices hereunder, and all notices required under this lease, the person in charge of the Premises at the time, or occupying the Premises, and if no person is in charge of, or occupying the Premises, then such service or notice may be made by attaching the same on the main entrance of the Premises. A copy of all notices under this lease shall sent be regular mail except those notices that pertain to Tenant's Default shall be sent by certified or registered United States Mail, postage paid, or sent via courier to: _______________________________Savannah, Georgia, 31416. 24. Landlord Notices. All Tenant notices, elections, demands, requests and other 20170323CityCouncilPacket Page 48 of 66 20170316/jrl 1721596.1 communications to the Landlord hereunder shall be in writing, signed by the Tenant and shall be delivered in person or sent by certified or registered United States Mail, postage paid, or sent via courier to: City of Tybee Island, Attention: City Manager, 403 Butler Ave., Tybee Island, GA 31328, with a copy to: Edward M. Hughes, City Attorney, P.O. Box 9946, Savannah, GA 31412 (2 East Bryan Street, 10th Floor, Savannah, GA 31401 for in person delivery). 25. Storage. All of Tenant’s items used in the operation of its business, including but not limited to food and food products, beverages, both alcoholic and non-alcoholic, linens, merchandise, utensils and cleaning supplies shall be stored entirely within or on the Premises. 26. Personal Property Taxes and Additional Taxes. During the Term of this lease, Tenant shall pay all taxes levied upon any trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises. If at any time during the term of this Lease, or any extension or renewal thereof, there shall be assessed or imposed a license fee, property tax on the Premises or a tax or assessment measured by the rent payable under this Lease, then all such taxes, assessments or fees shall be the obligation of Tenant. Tenant shall pay and discharge the same as it would the imposition of personal property taxes under this section and as Additional Rent as per Section 13. Nothing herein or in this Lease otherwise contained shall require or be construed to require Lessor to pay any inheritance, estate, succession, transfer, gift, franchise, income or profit taxes that are or may be imposed upon Tenant, its successors or assigns. Tenant shall not be obligated to pay real property tax. 27. Early Termination of Lease. No termination of this lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. 28. Mortgagee's Rights. Tenant agrees that this lease and all rights of Tenant hereunder are and shall be subject and subordinate to any mortgage now or hereafter encumbering the Premises, to all advances made or hereafter to be made upon the security of such mortgage, to all amendments, modifications, renewals, consolidations, extensions and restatements of such mortgage, and to any replacements and substitutions for such mortgage. The terms of this provision shall be self-operative and no further instrument of subordination shall be required. Tenant, however, upon request of any party in interest, shall execute promptly such instrument or certificates as may be reasonably required to carry out the intent hereof, whether said requirement is that of Landlord or any other party in interest, including, without limitation, any mortgagee. Notwithstanding the foregoing and so long as no event of default on the part of Tenant under the lease shall exist which would entitle Landlord to terminate the Lease, Landlord agrees to execute and require any holder of a subsequently granted mortgage or deed to secure debt ("Mortgagee") to execute a subordination, nondisturbance and attornment agreement containing customary terms reasonably satisfactory to Tenant for recording in the Chatham County, Georgia records. In the event of any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under, any mortgage covering the Premises, or in the event the interest of Landlord under this lease shall be transferred by reason of deed in lieu of foreclosure or other legal proceedings, Tenant shall, at the option of the transferee or purchaser at foreclosure or under power of sale (sometimes hereinafter called “Such Person”), attorn to Such Person and shall recognize and be bound and obligated hereunder to Such Person as the Landlord under this lease; provided, however, that no Such Person shall be (i) bound by any payment of Rent for more than one (1) month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this lease 20170323CityCouncilPacket Page 49 of 66 20170316/jrl 1721596.1 (and then only if such prepayments have been deposited with and are under the control of Such Person); (ii) bound by any amendment or modification of this lease made without the express written consent of the mortgagee; (iii) obligated to cover any defaults under this lease of any prior landlord (including Landlord); (iv) liable for any act or omission of any prior landlord (including Landlord); (v) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord); or (vi) bound by any warranty or representation of any prior landlord (including Landlord) relating to work performed by any prior landlord (including Landlord) under this lease. Tenant agrees to execute any attornment agreement not in conflict herewith requested by Landlord, the mortgagee or Such Person. Tenant’s obligation to attorn to Such Person shall survive the exercise of any such power of sale, foreclosure or other proceeding. Tenant agrees that the institution of any suit, action or other proceeding by any mortgagee to realize on Landlord’s interest in the Premises pursuant to the powers granted to a mortgagee under its mortgage, shall not, by operation or law or otherwise, result in the cancellation or termination of the obligations of Tenant hereunder. Landlord and Tenant agree that notwithstanding that this lease is expressly subject and subordinate to any mortgages, any mortgagee, its successors and assigns, or other holder of a mortgage or of a note secured thereby, may sell the Premises in the manner provided in the mortgage and may, at the option of such mortgagee, its successors and assigns, or other holder of the mortgage or note secured thereby, make such sale of the Premises subject to this lease. 29. Estoppel Certificates. Upon request by either party, the other party agrees to furnish, within fifteen (15) days from such request, a certificate stating that there are no amendments or modifications to this lease (or specifying the amendments or modifications, if such exist); stating that the other party is not in default (or specifying the defaults, if such are claimed); and stating whether this lease is in full force and effect. 30. Mechanic's Liens. Tenant shall not suffer any mechanic's lien to be filed against the Premises by reason of work, labor, services, or material performed or furnished to Tenant or anyone holding the Premises, or any part thereof, through or under Tenant. If any mechanic's lien or any notice of intention to file a mechanic's lien shall at any time be filed against the Premises, Tenant shall, at Tenant's cost, within thirty (30) days after notice of the filing of any mechanic's lien given by Landlord to Tenant, cause the same to be removed or discharged of record by payment, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to remove or discharge any mechanic's lien or any notice of intention to file a mechanic's lien within the prescribed time, then, in addition to any other right or remedy of Landlord, Landlord may, at its option, procure the removal or discharge of the same by payment, bond or otherwise. Any amount paid by Landlord for such purpose, together with all legal and other expenses of Landlord in procuring the removal or discharge of such lien or notice of intention, together with interest thereon at the highest permissible rate, shall be and become due and payable by Tenant to Landlord as Additional Rent, and in the event of the Tenant's failure to pay same within thirty (30) days after demand, it shall be added to and be due and payable with the next month's Rent. Nothing contained in this lease shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability arising out of Tenant's use or occupancy of the Premises. 31. No Estate. This lease does not convey to or create in the Tenant any interest or estate in the Premises. Tenant's sole rights with respect to the Premises as set forth in this lease. 32. Quiet Enjoyment. So long as Tenant observes and performs the covenants and agreements contained herein, it shall at all times during the lease term peacefully and quietly have and enjoy 20170323CityCouncilPacket Page 50 of 66 20170316/jrl 1721596.1 possession of the Premises, but always subject to the terms hereof. 33. Hazardous Substances and Mold. Tenant agrees (i) that Tenant will not violate any environmental laws; (ii) that the Tenant will not cause or permit any condition which would create hazardous material contamination or mold conditions on the Premises; (iii) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous material or mold on the Premises; (iv) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or any requests for information from any federal, state, county, regional or local governmental authority concerning hazardous materials and hazardous materials contamination or mold on the Premises; and (v) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or hazardous materials contamination or mold contamination and provide the Landlord with satisfactory evidence of such compliance. Tenant covenants and agrees at all times to indemnify, hold harmless and defend Landlord, its successors and assigns, as owner of the Premises from and against any and all liability, loss, damages, cost (including, without limitation, all of Landlord's clean-up costs and all expenses, fees, transportation, testing, decontaminating and other related or similar expenses), expense (including without limitation, reasonable attorney's fees and expenses), cause of action, suit, claim, demand or judgment against the Landlord and/or the Tenant and/or the Premises of any nature, arising directly or indirectly from (i) Tenant's breach or failure to comply with Tenant's environmental covenants under this lease, or (ii) Tenant’s breach of any law or regulation pertaining to mold, hazardous materials, hazardous substances or solid or hazardous waste materials or other waste-like or toxic substances located on, emanating from, or relating to, or affecting the Premises, or any contiguous property, including, but not limited to, liens or claims of any federal, state or municipal government or quasi-governmental agency or any third persons, any environmental law, federal, state or municipal law or regulation or tort, contract or common law. This Indemnity shall survive the expiration or sooner termination of this lease and shall not merge into any document executed in conjunction herewith or be deemed waived or released by any action or omission of Landlord in dealing with any environmental matters. 34. Holding Over. If Tenant remains in possession of the Premises beyond the expiration or termination of this lease, then Tenant shall be a Tenant from month to month upon the same terms and conditions as those applicable to the most recent period, except that Tenant shall pay rent to Landlord in an amount equal to the monthly rent then in effect multiplied by a factor of 1.50. 35. Attorney's Fees and Interest. If any rent or other sum owing under this Lease is collected by or through an attorney at law, Tenant agrees to pay reasonable attorneys' fees, together with all costs and expenses, and a right to such attorneys' fees and expenses shall be deemed to have accrued upon the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. All other sums due hereunder shall bear interest at the rate of fifteen percent (15%) per annum after maturity. 36. Governing Law. This lease is a Georgia contract and shall be construed and enforced in accordance with the laws of the State of Georgia. 37. Severability. If any provision of this lease shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, the parties declare that it shall be severable, and that all remaining provisions of this lease shall remain in full force and effect. 20170323CityCouncilPacket Page 51 of 66 20170316/jrl 1721596.1 38. Rights Cumulative. All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative and not restrictive of those given by law. 39. Waiver of Rights. No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon strict compliance by Tenant of his obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact compliance with the terms hereof. 40. Transfer of Landlord’s Interest. If Landlord shall sell, assign or transfer all or any part of its interest in the Premises or in this lease to a successor in interest which expressly assumes the obligations of Landlord hereunder, then Landlord shall thereupon be released or discharged from all covenants and obligations hereunder, and Tenant shall look solely to such successor in interest for performance of all of Landlord’s obligations. Tenant’s obligations under this Lease shall in no manner be affected by Landlord’s sale, assignment, or transfer of all or any part of such interest(s) of Landlord, and Tenant shall thereafter attorn and look solely to such successor in interest as the Landlord hereunder 41. Time of Essence. Time is of the essence of this Lease. 42. Prior Agreements. This Lease defines the rights, duties and obligations of the parties with respect to the Premises and supersedes all prior agreements and understandings between the parties with respect thereto. 43. Definitions. "Landlord" as used in this Lease shall include first party as well as its representatives, assigns and successors in title to the Premises. "Tenant" shall include second party, as well as its representatives, and if this lease shall be validly assigned or sublet, shall include also Tenant's assignees or subleasees, as to the Premises covered by such assignment or sublease. "Agent" shall include third party, together with its successors, assigns, heirs and representatives. "Landlord", "Tenant", and "Agent" include male and female, singular and plural, corporation, partnership or individual, as may fit the particular parties. 44. Authority of Tenant. If Tenant signs as a corporation or limited liability company, execution hereof shall constitute a representation and warranty by the Tenant that Tenant is a duly organized and existing corporation/or limited liability company, that Tenant has been and is qualified to do business in the State of Georgia and is in good standing with the State of Georgia, that the corporation or limited liability company has full right and authority to enter into this Lease, and that all persons signing on behalf of the corporation were authorized to do so by appropriate corporate action or in the event of a limited liability company that all persons signing on behalf of the company are authorized to do so in a duly executed operating agreement. If Tenant signs as a partnership, trust, or other legal entity, execution hereof shall constitute a representation and warranty by the Tenant that Tenant has complied with all applicable laws, rules, and governmental regulations relative to Tenant's right to do business in the State of Georgia, that such entity has the full right and authority to enter into this Lease, and that all persons signing on behalf of the Tenant were authorized to do so by any and all necessary or appropriate partnership, trust, or other action. 45. Recording of Lease. Landlord and Tenant agree that this Lease shall not be recorded; provided, however, upon the request of either party, the other party shall join in the execution of a 20170323CityCouncilPacket Page 52 of 66 20170316/jrl 1721596.1 Memorandum of the Lease for the purpose of recording same. The Memorandum shall describe the parties, the demised Premises, the Term of the Lease, and shall incorporate the Lease by reference. 46. Counterparts. This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 47. Broker. Neither party has employed the services of a real estate broker, in connection with this Lease. Both parties agree to indemnify the other party against any claims for commission or compensation by any real estate broker claiming by, through or under said parties. 48. Construction. Any gender used herein, whether masculine, feminine or neuter, shall be deemed to refer to any other gender applicable to the party to whom such use of gender relates. The use of the singular herein shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular, where appropriate. 49. Special Stipulations. In so far as the following stipulations conflict with any of the foregoing provisions, the following shall control: In witness whereof, Landlord and Tenant have caused this Lease Agreement to be duly executed under seal as of the day and year first above written. WITNESS: LANDLORD: THE CITY OF TYBEE ISLAND, GEORGIA, A MUNICIPAL CORPORATION _____________________________ By: __________________________ __ Jason Buelterman, Mayor Attest: Janet LeViner, Clerk of Council WITNESS: TENANT: NORTH BEACH BAR & GRILL, LLC ____________________________ By: ______________________________ , Manager 20170323CityCouncilPacket Page 53 of 66 20170316/jrl 1721596.1 EXHIBIT “A” PREMISES EXHIBIT “B” 20170323CityCouncilPacket Page 54 of 66 20170316/jrl 1721596.1 INSURANCE SPECIFICATIONS I. GENERAL LIABILITY: Occurrence Limit (Bodily Injury / Property Damage) $1,000,000 Occurrence Limit (Personal Injury) $1,000,000 Premises Medical Payments $ 5,000 Fire Damage Liability $ 100,000 Products / Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 REQUIREMENTS: • 1996 Commercial General Liability (ISO) Form, or broader; • Endorsed to include as Additional Insured(s): The City of Tybee Island, Georgia, a municipal corporation • Additional Insured Endorsement must include Products/Completed Operations • Endorsed to include Blanket Contractual Liability coverage for this agreement and Broad Form Property Damage, including Products/Completed Operations, if not included in the policy form; • Coverage provided on a primary and non-contributory basis, as to any coverage maintained by the Additional Insured. II. LIQUOR LEGAL LIABILITY: Occurrence Limit $2,000,000 III. WORKERS’ COMPENSATION: Georgia’s applicable Statutory Benefits; IV. UMBRELLA LIABILITY: Liability per Occurrence $1,000,000 REQUIREMENTS: • Must include coverage for the Indemnity provision contained herein. • Endorsed to include as Additional Insured: The City of Tybee Island, Georgia, a municipal corporation V. FIRE/CASUALTY: • Fire and extended coverage insurance (contents broad form) on Tenant’s personal property located in the Premises in amounts reasonably deemed adequate by Tenant to fully insure such personal property. VI. ALL POLICIES: • Additional Insured status (where required) provided on a non-contributory basis; • 30-day Notice of Cancellation with notice to Certificate Holder required; • Endorsed to include Waiver of Subrogation in favor of Additional Insured; 20170323CityCouncilPacket Page 55 of 66 20170316/jrl 1721596.1 • Insurance carrier having a current A. M. BEST CO. rating of A-VII, or better; • Insurance carrier must be licensed on an admitted basis to do business in the State of Georgia; • Coverage must be evidenced by Certificate of Insurance 20170323CityCouncilPacket Page 56 of 66 20170316/jrl 20170323CityCouncilPacket Page 57 of 66 20170316/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 3.23.16 Item: Change order for water fountain at Memorial Park restrooms Explanation: We originally planned to use a water fountain and bottle filler that had electrical components. Due to flood rules we needed to change models. This change order represents a shipping and restocking fee less the difference in cost of the new units. Budget Line Item Number (if applicable): 320-6210-54-1310 Paper Work: x Attached* ______ Audio/Video Presentation** * Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: George B.Shaw Phone / Email: gshaw@cityoftybee.org Comments: 20170323CityCouncilPacket Page 58 of 66 20170316/jrl 20170323CityCouncilPacket Page 59 of 66 20170316/jrl Memorial Park Restrooms City of Tybee Island RE: Change Order # 1 - Price Detail Original Fountain and Bottle Filler Unit ($4,140.00) Shipping and Restocking of Original Unit $1,000.00 New Products: Haws 1011 Fountain $2,690.00 Fountain Mounting Plate $269.00 Haws 1920 Bottle Filler $354.00 Bottle Filler Mounting Plate $113.00 Bottle Filler Back Panel $265.00 Shipping $168.00 Sub Total $719.00 GC OH&P (8%) $57.50 Total $776.50 20170323CityCouncilPacket Page 60 of 66 20170316/jrl " Sec. 22-29. - Nuisances declared. " " The following conditions may be declared to be nuisances: (1) Stagnant water on premises; (2) Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city; (3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city; (4) The pollution of public water or the injection of matter into the sewerage system which would be damaging thereto; (5) Maintaining a dangerous or diseased animal or fowl; (6) Obstruction of a public street, highway or sidewalk without a permit; (7) Loud or unusual noises which are detrimental or annoying to the public, including without limitation, unusual or loud disturbances in or around churches or multiple-family complexes such as loud music and other activities in swimming pool and clubhouse areas; (8) All walls, trees and buildings that may endanger persons or property; (9) Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent such activities; (10) Refrigerators, stoves and other household appliances placed outside of structures controlled by the owner or tenant thereof; (11) Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and intersections of the city; and (12) Any sounds, including music, emanating from businesses through open doors or windows, when such businesses are required to be operated inside buildings; and (13) (12) Any other condition constituting a nuisance under state law. 20170323CityCouncilPacket Page 61 of 66 20170316/jrl ORDINANCE NO. 08-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND SECTION 22-29(12), NUISANCE DECLARED, SO AS TO ELIMINATE THE PROVISION DECLARING AS A NUISANCE SOUND, INCLUDING MUSIC EMANATING FROM BUSINESSES THROUGH OPEN DOORS AND WINDOWS, AS A RESULT OF SUCH MATTERS BEING ADDRESSED IN THE NOISE ORDINANCE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the governing authority desires to amend Section 22-29(12) so as to eliminate the provision declaring as a nuisance sound, including music emanating from business through open doors and windows, as a result of such matters being addressed in the Noise Ordinance, to repeal all conflicting ordinances, to provide for an effective date and for other purposes. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that Section 22-29(12) providing, “Any sounds, including music, emanating from businesses through open doors or windows, when such businesses are required to be operated inside buildings; and” is eliminated and the present subsection (13) shall be renumbered as subsection (12) and the word “and” shall be added to the end of current subsection (11) so that hereafter such section shall read in its entirety as shown below. 20170323CityCouncilPacket Page 62 of 66 20170316/jrl SECTION 1 The Code of Ordinances is hereby amended so as to revise Section 22-29 so that the it shall hereafter read in its entirety as follows: Sec. 22-29. Nuisance declared. The following conditions may be declared to be nuisances: (1) Stagnant water on premises; (2) Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city; (3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city; (4) The pollution of public water or the injection of matter into the sewerage system which would be damaging thereto; (5) Maintaining a dangerous or diseased animal or fowl; (6) Obstruction of a public street, highway or sidewalk without a permit; (7) Loud or unusual noises which are detrimental or annoying to the public, including without limitation, unusual or loud disturbances in or around churches or multiple-family complexes such as loud music and other activities in swimming pool and clubhouse areas; (8) All walls, trees and buildings that may endanger persons or property; (9) Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent such activities; (10) Refrigerators, stoves and other household appliances placed outside of structures controlled by the owner or tenant thereof; (11) Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and intersections of the city; and (12) Any other condition constituting a nuisance under state law. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared 20170323CityCouncilPacket Page 63 of 66 20170316/jrl illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: ______ Tybee/Ordinances 2017/08-2017 Sec 22-29(12) nuisance 03.14.17 20170323CityCouncilPacket Page 64 of 66 20170316/jrl TYBEE ISLAND BEACH TASKFORCE: Sub-Committee on Beach Litter Origins of the Sub-Committee At the October 20, 2016 Beach Taskforce (BTF) meeting, the issue of litter (garbage/trash) on the beach was raised by Cathy Lewis who had brought to the BTFs attention the enormous amount of plastic straws she collected one morning while walking the beach. As a result the following two recommendations were made 1. Regarding plastic straws it was agreed that a recommendation to the City Council would be made by Wanda Dole requesting the City to add to their various documentation, such as the rules when using the pavilions at Memorial Park and on appropriate website pages, the prohibition of the use of plastic straws. 2. The formation of a sub-committee of the BTF to look into how the Taskforce can engage more proactively in beach litter issues. Sub-committee Membership The Sub-Committee members include Cathy Lewis, Alan Robertson and Kate Burns. Concerned citizens would be asked to assist, namely Tim Arnold, an experienced beach advocate and creator of the Tybee Clean Beach Volunteers, and others as appropriate. Functions of the BTF that concern keeping Tybee beaches clean The By-Laws of the BTF clearly calls on it to play a role in keeping Tybee beaches clean. The following BTF functions related to beach litter are: a) Promote beach preservation and maintenance. b) Serve as a consultative body on beach and shoreline issues c) Assist others in promoting the preservation of the ecology and natural beauty of Tybee beaches Overall Goal of the Sub-committee Contribute to the cleanliness and natural beauty of Tybee beaches Objectives of the Sub-committee 1. Produce an inventory of who does what to keep Tybee beaches clean and add this to the BTF master plan. 2. Assist in the implementation of the Carrying Capacity Study master plan regarding beach litter issues; a. Identify gaps in education programs for tourists and assist in development of programs b. Encourage COTI to increase beach litter patrols 3. Research best practices on how other beach communities are keeping their beaches clean and report back to the BTF for their review and recommendations. 4. Act as a conduit of information flow concerning beach litter issues to the BTF. 20170323CityCouncilPacket Page 65 of 66 20170316/jrl Sottile & Sottile Urban Analysis and Design 10 West Taylor Street, Savannah, GA 31401 Tel. 912.234.5510 OUTLINE OF PROFESSIONAL SERVICES March 13, 2017 TO: The Tybee Island Marine Science Center Attn: Maria Procopio, Executive Director 1509 Strand Avenue Tybee Island, GA 31328 RE: Scope of Specific Services Tybee Island Marine Science Center North Beach Facility This outline describes specific design services for the Tybee Island Marine Science Center’s North Beach Campus. The outline is based on all terms of the existing professional services agreement, dated July 10, 2013 and is intended to define a series of specific roles and tasks. Services include continued development of client’s goals, analyzing site opportunities, creating design solutions, and preparing a Conceptual Design Presentation package for use in securing funding for the construction of the project. OUTLINE OF SPECIFIC SERVICES: Conceptual Design Presentation Package Sottile & Sottile will prepare an update to the conceptual master plan, incorporating recreational and exhibit information as determined in the building committee meeting on March 1st 2017, and updating the building floor plans to reflect the most current design assumptions. Additionally, Sottile & Sottile will develop and overall summary presentation of the conceptual design to include the updated site plan, floor plans, rendered and technical elevations, and precedent images for recreational exhibits. All deliverables will include graphic design, presentation layout and descriptive narratives and captions. FEE OUTLINE Professional Services Conceptual Design Presentation Package $ 2,475 Printing and Reproduction Services Reimbursed at Direct Expense Payment Schedule - Above services will be invoiced monthly, or as needed, based on project completion. - Balance due and payable on receipt. CONTRACT - If the above outline is acceptable please sign and return this letter form of agreement. Respectfully submitted, Date: 3.13.2017 Christian B. Sottile Accepted: Date: 03-15-17 20170323CityCouncilPacket Page 66 of 66 20170316/jrl