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HomeMy Public PortalAbout20171219Packet.pdfTable of Contents 000_000_20171219Agenda....................................................................................................................................................................................... 1020_010_FC McColm Consulting....................................................................................................................................................................................... 2030_010_18-2017 Art 15 Soil Erosion Def 18 12.07.17....................................................................................................................................................................................... 35030_020_16-2017-B - REDLINE - STVR....................................................................................................................................................................................... 38030_021_16-2017-B ALTERNATIVE CLAUSES....................................................................................................................................................................................... 40030_022_16-2017-B - STVR fees CLEAN - rev 12.19.17....................................................................................................................................................................................... 41030_030__17-2017 rEGULATORY FEE 12.07.17....................................................................................................................................................................................... 45040_010_12.19.17 - Deed of Donation - REV....................................................................................................................................................................................... 48040_011_12.19.17 - Resolution - REV....................................................................................................................................................................................... 52 AGENDA SPECIAL MEETING OF TYBEE ISLAND CITY COUNCIL DECEMBER 19, 2017 4:30pm Please silence all cell phones during Council Meetings I. Call to Order II. Consideration of Bids, Contracts, Agreements and Expenditures 1 Approval of bid proposal for Hazard Mitigation Grant Consultant III. Consideration of Ordinances, Resolutions 1 Second Reading, 2017-18 Corrective Ordinance, Article 15, Soil Erosion, Sedimentation and Pollution Control 2 Second Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR 3 Second Reading, 2017-17, Sec 58-179, Regulatory fee; Schedule IV. Council, Officials and City Attorney Considerations and Comments 1 Bubba Hughes i. Acceptance of Conveyance 2 Shawn Gillen i. Crossovers: location and design V. 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.” 20171219CityCouncilPacket Page 1 of 60 20171219/jrl 20171219CityCouncilPacket Page 2 of 60 20171219/jrl 20171219CityCouncilPacket Page 3 of 60 20171219/jrl 20171219CityCouncilPacket Page 4 of 60 20171219/jrl 20171219CityCouncilPacket Page 5 of 60 20171219/jrl 20171219CityCouncilPacket Page 6 of 60 20171219/jrl 20171219CityCouncilPacket Page 7 of 60 20171219/jrl 20171219CityCouncilPacket Page 8 of 60 20171219/jrl 20171219CityCouncilPacket Page 9 of 60 20171219/jrl 20171219CityCouncilPacket Page 10 of 60 20171219/jrl 20171219CityCouncilPacket Page 11 of 60 20171219/jrl 20171219CityCouncilPacket Page 12 of 60 20171219/jrl 20171219CityCouncilPacket Page 13 of 60 20171219/jrl 20171219CityCouncilPacket Page 14 of 60 20171219/jrl 20171219CityCouncilPacket Page 15 of 60 20171219/jrl 20171219CityCouncilPacket Page 16 of 60 20171219/jrl 20171219CityCouncilPacket Page 17 of 60 20171219/jrl 20171219CityCouncilPacket Page 18 of 60 20171219/jrl 20171219CityCouncilPacket Page 19 of 60 20171219/jrl 20171219CityCouncilPacket Page 20 of 60 20171219/jrl 20171219CityCouncilPacket Page 21 of 60 20171219/jrl 20171219CityCouncilPacket Page 22 of 60 20171219/jrl 20171219CityCouncilPacket Page 23 of 60 20171219/jrl 20171219CityCouncilPacket Page 24 of 60 20171219/jrl 20171219CityCouncilPacket Page 25 of 60 20171219/jrl 20171219CityCouncilPacket Page 26 of 60 20171219/jrl 20171219CityCouncilPacket Page 27 of 60 20171219/jrl 20171219CityCouncilPacket Page 28 of 60 20171219/jrl 20171219CityCouncilPacket Page 29 of 60 20171219/jrl 20171219CityCouncilPacket Page 30 of 60 20171219/jrl 20171219CityCouncilPacket Page 31 of 60 20171219/jrl 20171219CityCouncilPacket Page 32 of 60 20171219/jrl 20171219CityCouncilPacket Page 33 of 60 20171219/jrl 20171219CityCouncilPacket Page 34 of 60 20171219/jrl 1655454.1 CORRECTIVE ORDINANCE NO. 18-2017 AN ORDINANCE TO CORRECT THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO ARTICLE 15 RELATING TO SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES 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, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, apparently through error, a portion of the definition reflected below was omitted. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of the City of Tybee Island, Article 15, Soil Erosion, Sedimentation and Pollution Control, be corrected so that hereafter Definition No. 18, Final Stabilization, shall read as hereinafter provided. SECTION 1 The Code of Ordinances, Article 15, Soil Erosion, Sedimentation and Pollution Control, Definition No. 18, Final Stabilization, shall be eliminated in its entirety and the following substituted in its place. SECTION 2 Article 15, Soil Erosion, Sedimentation and Pollution Control, Definition No. 18, Final Stabilization, shall hereinafter read as corrected as follows: Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or 20171219CityCouncilPacket Page 35 of 60 20171219/jrl greater, or landscaped according to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. SECTION 3 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 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 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 5 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 6 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 20171219CityCouncilPacket Page 36 of 60 20171219/jrl ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: Tybee/571.000001/Ordin/18-2017, Soil Erosion, Def 18 12.07.17 20171219CityCouncilPacket Page 37 of 60 20171219/jrl " Sec. 34-262. - Regulatory Registration fee/renewal. (a) The short-term vacation rental application shall be accompanied by an initial regulatory registration fee and be subject to an annual registration fee every January 1 thereafter, as established by the mayor and city council. (1) The 2016 rental registration fee shall be $0.00 per rental unit. (21) The annual regulatory registration fee thereafter shall be $100.00 25.00 per rental unit. An application registration fee is valid when completed and filed along with payment of the from the date the completed registration application is filed with the city and payment of the registration regulatory fee has been made. The annual registration fee shall be due January 1 of each year for short term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penaltyies provisions of section 58-163 as applicable to occupation tax./business license provisions as well as the revocation of any right to use the unit for short term rental purposes until payment of the penalties and fee. . Every person holding a license as specified herein shall secure that license within 90 days after January 1 of each year, and pay for same as herein provided [In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year.] . (b) Each property shall be issued a registration number. (c) Failure to register as prescribed by this law will result in a fine of $100.00 for each month that the unit continues to operate without registration. (d) The annual registration of a unit and the regulatory fee is are not transferrable.. andIn the event should ownership of a unit changes and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100 if the change occurs prior to July 1 of the year and $50 if after July 1 of the year same management company continues to manage the property. (e) In the event a management company changes, a new registration will be required with a fee of $25.00 to cover administrative costs. In the event a management company changes, the unit is to be re-registered by notice to the city and the regulatory fee will be $50 is the management company change is after July 1; otherwise, the fee is $100. " " Sec. 34-264. - Signs. All one- and two-family STVR units shall post a sign visible from the street listing emergency contact name and phone number. Such sign shall not exceed 24 inches � 24 inches. The emergency contact name and number shall be the STVR agent as required by Section 34-260(d) unless otherwise specified to and approved by the city staff and any rental agency involved. The purpose of the required sign is to enable officers and third parties to identify appropriate contacts for issues with the property and/or the occupants and, therefore, the sign shall be located at such locations as approved by staff consistent with that purpose. Multi-family units shall post a sign visible from outside the unit listing the required emergency contact name and phone number. Multi-family units shall not Such signs shall not exceed 8� inches � 11 inches. VAll such signs shall be located at locations approved by staff consistent with the purpose of the sign requiremenets.ariances to this sign rule may be administered by staff. (Ord. No. 2016-07B , 5-26-2016) " Sec. 34-265. - Emergency contact. Formatted: Space Before: 0 pt, After: 2.4 pt, No bullets or numbering, Font Alignment: Auto 20171219CityCouncilPacket Page 38 of 60 20171219/jrl All STVR units shall be furnished with a telephone that is connected to a landline or similar type connection, including a voice over internet protocol, in order that 911 dispatch may be able to readily identify the address and/or location from where the call is made when dialed. STVR applicants and agents are to work with city staff as to the implementation of such emergency contact facilities or equipment and, until the appropriate connection for emergency contact is established, occupancy of the STVR location without the connection is prohibited. 20171219CityCouncilPacket Page 39 of 60 20171219/jrl C:\Users\mdavis\Documents\16-2017-B ALTERNATIVE CLAUSES.docx • ALTERNATE CLAUSES: 34-262, (a) The regulatory fee shall be in the amount established by the mayor and council and on file in the office of the clerk of council and the building/development development office of the City. (d) The fee for the new owner shall be the amount established by the mayor and council and on file in the office of the clerk of council and the building and zoning office of the city. (e) In the event a management company changes, the unit is to be re-registered by notice to the city and the regulatory fee specified by the mayor and council will be one-half of the orfinary fee if the change is made after July 1; otherwise, the fee is to be the full amount as specified by the mayor and council. 34-264. All STVR units shall post a sign visible from the street listing emergency contact name and phone number. Such sign shall not exceed 24 inches × 24 inches. The emergency contact name and number shall be the STVR agent as required by Section 34-260(d) unless otherwise specified to and approved by the city staff and any rental agency involved. The purpose of the required sign is to enable officers and third parties to identify appropriate contacts for issues with the property and/or the occupants and, therefore, the sign shall be located at such locations as approved by staff consistent with that purpose. GASTER REVISED: Sec. 34-264. Signs. All one- and two-family STVR units shall post a sign visible from the street listing the emergency contact name and phone number. Such sign shall not exceed 24 inches x 24 inches. The emergency contact name and number shall be the STVR agent as required by Section 34-260(d) unless otherwise approved by the city staff. Such signs are required to be readily visible, as the purpose of the required sign is to enable city officers and third parties to identify appropriate contacts for issues with the property and/or the occupants. Multi-family units shall post a sign visible from outside the unit listing the required emergency contact name and phone number. Multifamily unit / Condominium unit signs shall not exceed 12x18 inches. All such signs shall be located at locations consistent with the purpose of the sign requirements. City staff can approve alternate sign locations as needed for unique circumstances. 20171219CityCouncilPacket Page 40 of 60 20171219/jrl 1611398.1 ORDINANCE NO. 16-2017-B AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO THE OPERATION OF SHORT TERM RENTAL PROPERTIES AND TO MAKE CHANGES THEREIN TO ELIMINATE AMBIGUITIES AND TO CLARIFY THE IMPOSITION OF REGULATORY FEES OF SUCH PROPERTIES AND TO REVISE REQUIREMENTS REGARDING EMERGENCY NOTIFICATION AND FOR OTHER PURPOSES FOR THE CITY OF TYBEE ISLAND, GEORGIA 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; WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; WHEREAS, the Code of Ordinances at Sections 34-260 through 34-265 deal with the topic of short term rentals; and WHEREAS, the operation of short term vacation rental properties necessitates additional City time and resources devoted to the specific operation of such properties; and NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of Tybee Island in open meeting that the Code of Ordinances, Sections 34-262 through 34- 265, be amended so that hereafter the sections and subsections addressed below shall read as hereinafter provided. 20171219CityCouncilPacket Page 41 of 60 20171219/jrl 1611398.1 SECTION 1 The Code of Ordinances is hereby amended as to Sections 34-262(a), and (d), 34- 264 and 34-265 so that hereafter the section and • Sec. 34-262. – Regulatory fee/renewal. (a) The short-term vacation rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council. (1) The regulatory fee shall be $100 per rental unit. An application is valid when completed and filed along with payment of the application regulatory fee. The fee shall be due January 1 of each year for short term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163 as applicable to occupation tax/business license provisions as well as the revocation of any right to use the unit for short term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year. (b) Each property shall be issued a registration number. (c) Failure to register as prescribed by this law will result in a fine of $100.00 for each month that the unit continues to operate without registration. (d) The annual registration of a unit and the regulatory fee are not transferrable.. In the event ownership of a unit changes and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100 if the change occurs prior to July 1 of the year and $50 if after July 1 of the year. (e) In the event a management company changes, the unit is to be re-registered by notice to the city and the regulatory fee will be $50 if the management company change is after July 1; otherwise, the fee is $100. • Sec. 34-264. - Signs. All one- and two-family STVR units shall post a sign visible from the street listing emergency contact name and phone number. Such sign shall not exceed 24 inches × 24 inches. The emergency contact name and number shall be the STVR agent as required by Section 34-260(d) unless otherwise specified to and approved by the city staff and any rental agency involved. The purpose of the required sign is to enable officers and third parties to identify appropriate contacts for issues with the property and/or the occupants and, therefore, the sign shall be located at such locations as approved by staff consistent with that purpose. Multi-family units shall post a sign visible from outside the unit listing the required emergency contact name and phone number. Multi-family units shall not 20171219CityCouncilPacket Page 42 of 60 20171219/jrl 1611398.1 exceed 8½ inches × 11 inches. All such signs shall be located at locations approved by staff consistent with the purpose of the sign requirements. Section 34-265 is deleted in its entirety. 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 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. 20171219CityCouncilPacket Page 43 of 60 20171219/jrl 1611398.1 ADOPTED THIS DAY OF , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: Tybee/Ordinances 2017/16-2017-A STVR FEES 12.06.17 16-2017-B revised 12.19.17 20171219CityCouncilPacket Page 44 of 60 20171219/jrl 1611398.1 ORDINANCE NO. 17-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO REGULATORY FEES FOR SHORT TERM VACATION RENTALS AND TO CLARIFY THE IMPOSITION OF REGULATORY FEES OF SUCH PROPERTIES AND FOR OTHER PURPOSES FOR THE CITY OF TYBEE ISLAND, GEORGIA 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; WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; WHEREAS, the operation of short term vacation rental properties necessitates City time and resources devoted to the operations of such properties beyond the time and resources necessary for other properties; and WHEREAS, revisions thereto are appropriate and necessary in connection with registration/regulatory aspects. NOW, THEREFORE, Be it ordained by the Mayor and Council of the City of Tybee Island in open meeting that the Code of Ordinances, Sections 58-179, be amended so that hereafter the chart entitled Miscellaneous shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended as to Section 58-179 so that hereafter the chart entitled Miscellaneous of such section shall hereinafter read as provided below: Sec. 59-179. Regulatory fees; schedule. . . . 20171219CityCouncilPacket Page 45 of 60 20171219/jrl 1611398.1 Miscellaneous License Classification Fee Advertising, off-premises (billboards) TIC Sec. 8-4-24: —32 square feet (4'×8') $50.00 —128 square feet (8'×16') $75.00 —192 square feet (12'×16') $100.00 —288 square feet (12'×24') $125.00 Amusements, itinerant (circus, carnival) TIC 7-1-1/7-1-4 $75.00 per day; $600.00 maximum Beach equipment, beach vehicle, and watercraft rental, per site TIC 9-3-30/9-3-36 $300.00 Book and magazine canvasser; registration fee $45.00 Building and construction contractors, subcontractors and tradesmen, licensed in another jurisdiction; registration fee $20.00 Escort $500.00 Live entertainment $50.00 Masseuse $250.00 Private Parking Lots Residentially Zoned 1.00 Commercial $200.00 Promoter — special events, pageants, festivals, exhibitions, sporting events, shows, etc. —Per single event TIC 7-1-1/-4 $50.00 —Transient merchant TIC 9-1-20 $75.00 per day Short term vacation rentals $100 per STVR unit as provided in Sec 34-256 et seq Transient rentals; registration fee $45.00 Vendor, festival hawker $25.00 per day Vendor, arts and crafts $25.00 per event 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 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. 20171219CityCouncilPacket Page 46 of 60 20171219/jrl 1611398.1 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 2017/17-2017 Reg fees 12.07.17 20171219CityCouncilPacket Page 47 of 60 20171219/jrl STATE OF GEORGIA ) ) COUNTY OF CHATHAM ) DEED OF DONATION THIS DEED, made and entered into this ______ day of December, 2017, by and between LOWER BAY ST. PROPERTIES, LLP, a limited liability partnership created and existing under the laws of the State of Georgia, as Grantor, and THE CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation chartered and existing under the laws of the State of Georgia, as Grantee (“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns where the context requires or permits). W I T N E S S E T H : That Grantor, as a donation to Grantee and in confirmation of Grantor’s donative intent, does hereby grant, bargain, and sell, convey and confirm unto Grantee, and its successors and assigns, for public purposes, the following described tract or parcel of land, to wit: All that certain lot, tract, or parcel of land situate, lying, and being in the City of Savannah Beach, Tybee Island, Chatham County, Georgia, shown and designated as Lot Number Four (4), Block 9, Fort Screven Ward, upon a plat of survey dated October 2, 2013, prepared by Bert B. Barrett, Jr., Georgia Registered Land Surveyor No. 2225, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book 48-P, Page 10, said plat being incorporated herein by reference and being made a part hereof for better determining the metes, bounds, courses and dimensions of the property herein described. 20171219CityCouncilPacket Page 48 of 60 20171219/jrl TO HAVE AND TO HOLD the said premises, together with all and singular the rights, members, hereditaments and appurtenances thereof, to the same being, belonging or in anywise appertaining, to the only proper use, benefit, and behoof of Grantee forever in fee simple, subject only to the matters (hereinafter referred to as “Permitted Exceptions”) set out in the attached Exhibit “1”, which Exhibit is incorporated herein. AND, Grantor will warrant and forever defend the right and title to the above-described Property unto Grantee against the claims of any persons owning, holding or claiming by, through or under Grantor, except for the claims arising under or by virtue of the Permitted Exceptions. IN WITNESS WHEREOF, Grantor has executed this Deed as of the date first above written. LOWER BAY ST. PROPERTIES, LLP By: _______________________________ William C. Fleetwood, Jr. Managing Partner Signed, sealed, and delivered on this ______ day of December, 2017, before the undersigned: ________________________________ Witness ________________________________ Notary Public 20171219CityCouncilPacket Page 49 of 60 20171219/jrl DONATION ACCEPTED BY: CITY OF TYBEE ISLAND, GEORGIA By: _______________________________ Barry Brown, Mayor Pro Tem Attest: ____________________________ City Clerk Signed, sealed, and delivered on this ______ day of December, 2017, before the undersigned: ________________________________ Witness ________________________________ Notary Public 20171219CityCouncilPacket Page 50 of 60 20171219/jrl Exhibit “1” Permitted Exceptions 1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether or not they are of record. 2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed by governmental authorities. 3. All existing and recorded underground utility easements which do not materially interfere with the use of the premises. 4. All existing and recorded instruments containing covenants, terms, provisions, conditions, restrictions, reservations, agreements, limitations, and easements which affect the premises, except for any existing deed to secure debt, mortgage or similar encumbrance which is not canceled or extinguished by Grantor at or prior to donation. 5. Rights, if any, relating to the construction and maintenance of improvements on the premises in connection with any public utility of wires, poles, pipes, conduits and appurtenances thereto, on, under or across the premises, pursuant to existing and recorded easements. 6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or future building or zoning ordinances or any other law or regulation of any government authority. 7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges directly related to Grantee’s contemplated use of the premises including, but not limited to, all governmental impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision approvals and development permits, or other fees required prior to connecting to public facilities for water, sewer, and wastewater treatment services. 8. Access to the subject property. 20171219CityCouncilPacket Page 51 of 60 20171219/jrl RESOLUTION A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION DEED IN CONVEYANCE OF CERTAIN REAL PROPERTY FROM LOWER BAY ST. PROPERTIES, LLP, AS A GIFT TO THE CITY OF TYBEE ISLAND; AUTHORIZING THE EXECUTION AND RECORDATION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FURTHER AUTHORITY. WHEREAS, Lower Bay St. Properties, LLP (“Grantor”) owns certain real property lying and being situated in the City of Tybee Island, Georgia, known as Lot Number Four (4), Block 9, Fort Screven Ward (the “Property”), as more particularly described in the form of Deed of Donation attached hereto as Exhibit “A” and incorporated herein for all purposes (the “Deed”); and, WHEREAS, Grantor desires to voluntarily convey the Property and all improvements thereon, if any, as a donation to the City in conjunction with the City’s Marine Science Center Project, to be owned and held for unrestricted public purposes; and, WHEREAS, the City desires to accept the donation of the Property subject to the terms and conditions of the Deed, and the Mayor and Council have determined that it is in the public interest for the City to accept the donation and conveyance of the Property; and, WHEREAS, the Mayor and Council desire to authorize the City Manager to execute such documents and to expend such funds as are necessary to complete the donation and conveyance of the Property to the City; NOW, THEREFORE, be it ordained by the Mayor and Council of Tybee Island, Georgia, as follows: Section One. The Mayor and Council hereby authorizes the acceptance of the donation and conveyance of the Property from Grantor as a donation to the City of Tybee Island, Georgia, 20171219CityCouncilPacket Page 52 of 60 20171219/jrl for use for any valid public purpose and approves the Deed of Donation in substantially the form attached hereto as Exhibit “A”. The Property shall be conveyed by the Deed of Donation with general warranty provisions. Section Two. The City Manager, City Clerk, and City Attorney is each hereby authorized to execute any and all documents necessary to effect the donation and conveyance of the Property as a donation to the City, including, without limitation, the acceptance and recordation of the Deed of Donation in the Office of the Clerk of the Superior Court of Chatham County, Georgia. All taxes due shall be paid on the Property prior to the written acceptance by the City. The City Manager is authorized to pay such reasonable costs of the transaction as may be necessary. Section Three. Nothing herein or in the conveyance shall be deemed to restrict the use of the Property by the City or the City’s right to convey or transfer any interest therein. Section Four. This resolution shall be in full force and effect from and after its passage and approval as provided by law. ADOPTED by the Mayor and Council of Tybee Island, Georgia, and approved by the Mayor this ______ day of December, 2017. ________________________________________ BARRY BROWN, Mayor Pro Tem Attest: __________________________________ City Clerk 20171219CityCouncilPacket Page 53 of 60 20171219/jrl Exhibit A To Resolution Form of Deed of Donation 20171219CityCouncilPacket Page 54 of 60 20171219/jrl STATE OF GEORGIA ) ) COUNTY OF CHATHAM ) DEED OF DONATION THIS DEED, made and entered into this ______ day of December, 2017, by and between LOWER BAY ST. PROPERTIES, LLP, a limited liability partnership created and existing under the laws of the State of Georgia, as Grantor, and THE CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation chartered and existing under the laws of the State of Georgia, as Grantee (“Grantor” and “Grantee” to include their respective successors, legal representatives and assigns where the context requires or permits). W I T N E S S E T H : That Grantor, as a donation to Grantee and in confirmation of Grantor’s donative intent, does hereby grant, bargain, and sell, convey and confirm unto Grantee, and its successors and assigns, for public purposes, the following described tract or parcel of land, to wit: All that certain lot, tract, or parcel of land situate, lying, and being in the City of Savannah Beach, Tybee Island, Chatham County, Georgia, shown and designated as Lot Number Four (4), Block 9, Fort Screven Ward, upon a plat of survey dated October 2, 2013, prepared by Bert B. Barrett, Jr., Georgia Registered Land Surveyor No. 2225, and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book 48-P, Page 10, said plat being incorporated herein by reference and being made a part hereof for better determining the metes, bounds, courses and dimensions of the property herein described. 20171219CityCouncilPacket Page 55 of 60 20171219/jrl TO HAVE AND TO HOLD the said premises, together with all and singular the rights, members, hereditaments and appurtenances thereof, to the same being, belonging or in anywise appertaining, to the only proper use, benefit, and behoof of Grantee forever in fee simple, subject only to the matters (hereinafter referred to as “Permitted Exceptions”) set out in the attached Exhibit “1”, which Exhibit is incorporated herein. AND, Grantor will warrant and forever defend the right and title to the above-described Property unto Grantee against the claims of any persons owning, holding or claiming by, through or under Grantor, except for the claims arising under or by virtue of the Permitted Exceptions. IN WITNESS WHEREOF, Grantor has executed this Deed as of the date first above written. LOWER BAY ST. PROPERTIES, LLP By: _______________________________ William C. Fleetwood, Jr. Managing Partner Signed, sealed, and delivered on this ______ day of December, 2017, before the undersigned: ________________________________ Witness ________________________________ Notary Public 20171219CityCouncilPacket Page 56 of 60 20171219/jrl DONATION ACCEPTED BY: CITY OF TYBEE ISLAND, GEORGIA By: _______________________________ Barry Brown, Mayor Pro Tem Attest: ____________________________ City Clerk Signed, sealed, and delivered on this ______ day of December, 2017, before the undersigned: ________________________________ Witness ________________________________ Notary Public 20171219CityCouncilPacket Page 57 of 60 20171219/jrl Exhibit “1” Permitted Exceptions 1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether or not they are of record. 2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed by governmental authorities. 3. All existing and recorded underground utility easements which do not materially interfere with the use of the premises. 4. All existing and recorded instruments containing covenants, terms, provisions, conditions, restrictions, reservations, agreements, limitations, and easements which affect the premises, except for any existing deed to secure debt, mortgage or similar encumbrance which is not canceled or extinguished by Grantor at or prior to donation. 5. Rights, if any, relating to the construction and maintenance of improvements on the premises in connection with any public utility of wires, poles, pipes, conduits and appurtenances thereto, on, under or across the premises, pursuant to existing and recorded easements. 6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or future building or zoning ordinances or any other law or regulation of any government authority. 7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges directly related to Grantee’s contemplated use of the premises including, but not limited to, all governmental impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision approvals and development permits, or other fees required prior to connecting to public facilities for water, sewer, and wastewater treatment services. 8. Access to the subject property. 20171219CityCouncilPacket Page 58 of 60 20171219/jrl 20171219CityCouncilPacket Page 59 of 60 20171219/jrl Exhibit “1” Permitted Exceptions 1. All real estate taxes for the year of 2018 and subsequent years, and assessments, whether or not they are of record. 2. Applicable subdivision and zoning ordinances and all other restrictions and regulations imposed by governmental authorities. 3. All existing and recorded underground utility easements which do not materially interfere with the use of the premises. 4. All existing and recorded instruments containing covenants, terms, provisions, conditions, restrictions, reservations, agreements, limitations, and easements which affect the premises. 5. Rights, if any, relating to the construction and maintenance of improvements on the premises in connection with any public utility of wires, poles, pipes, conduits and appurtenances thereto, on, under or across the premises, pursuant to existing and recorded easements. 6. Restrictions on Grantee’s ability to build upon or use the premises imposed by any current or future building or zoning ordinances or any other law or regulation of any governmental authority. 7. The obligation of Grantee, and Grantee’s assigns, to pay any and all costs or charges directly related to Grantee’s contemplated use of the premises including, but not limited to, all governmental impact fees as well as any aid-to-construction fees, capital recovery fees, tap fees, fees for subdivision approvals and development permits, or other fees required prior to connecting to public facilities for water, sewer, and wastewater treatment services. 8. Access to the subject property. 20171219CityCouncilPacket Page 60 of 60 20171219/jrl