HomeMy Public PortalAbout3rd Amendment (executed) to Intergovt Contract- GA Inter & Maritime Trade Center Authority 5-25-17THIRD AMENDMENT TO
INTERGOVERNMENTAL CONTRACT
(City of Tybee Island)
This Third Amendment to lntergovernmental Contract (this "Third Amendment") dated
this 95 day of V-rr*ur-2017, between the GEORGIA
INTERNATIONAL ¡.Nb U¿.nrfIrVrn TRADE CENTER AUTHORITy, a public body
corporate and politic and an instrumentality of the State of Georgia, created under the laws of the
State of Georgia (the "Authority"), and the CITY OF TYBEE ISLAND, a municipal
corporation and a political subdivision of the State of Georgia (the "City");
WITNESSETH:
\ryHEREAS, the City and the Authority entered into an Intergovemmental Contract
dated as of December l, 1997, as amended by a First Amendment thereto, dated as of December
1,2000, and as amended by a Second Amendment thereto, dated as of December 14,2006
(collectively, the "Contracto'), for the purpose of having the Trade Center Tax described in the
Contract and collected by the City paid to the Authority in order to assist the Authority in
providing for the operation and management of the Georgia International and Maritime Trade
Center (the "Trade Center"); and
WHEREAS, any and all prior amendments and renewals are hereby ratified; and
WHEREAS, the parties wish to extend the expiration date of the Contract pursuant to the
terms of this amendment.
NOW, THEREFORE, the City and the Authority agree as follows:
1 Section 1.3 Effective Date: Duration of Term is hereby stricken and a new Section 1.3 is
hereby inserted in lieu thereof as below:
Section 1.3 Effective Date; Duration of Term. This Contract shall be effective as of
the date hereof and it shall expire on the earlier of December 37, 2036 or the date on
which the Trade Center is no longer operated for the purposes authorized by the Georgia
law creating the Authority. This Contracf may be renewed by the agreement of the
parties hereto.
Notwithstanding any other provision contained in the Contract, the City is expressly
authorized to seek to increase its hotel/motel tax rate as authorized under O.C.G.A. $ 48-
13-51, as may hereafter be awarded including, but not limited to, subsection (b) thereof in
2
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order for the City to secure proceeds for tourism product development and other
purposes. Thus, if the City secures current authorization for such an increase, it would no
longer be collecting the tax pursuant to O.C.G.A. $48-13-51(a)(3.2) at a rute of 60/obut,
rather, would be collecting the tax pursuant to local legislation and at a higher rate;
however, the amount and the rate payable to the Authority would continue at I cent of the
tax and, if necessary and appropriate, such payment may be made through and under a
contract with the private sector non-profit organization, as defined in O.C.G.A. $ 4S-13-
51(A) of paragraph 8.
Notwithstanding anything to the contrary herein or in the Contract, the Contract may be
terminated by the City upon ninety (90) days' notice to the Authority in the event the City
may lawfully continue to collect the hotel/motel tax, including the Trade Center Tax, and
is not required to distribute a portion to the Authority.
4 Except as amended hereby, all other provisions of the Contract shall remain in full force
and effect.
IN WITNESS WHEREOF, the Authority and the City have caused this Amendment to
Intergovernmental Contract to be executed by their duly authorized officers in their respective
corporate names and their respective corporate seals to be hereunto affixed and attested, all as of
the date first above written.
GEORGIA INTERNATI AND MARITIME
[Corporate Seal]
By:
Attest:
Secretary
CITY OF TYBEE ISLAND
By:
on.*QFÆ ,/ >nJ-e/t
fCorporate Seal]
dlerk
APPROVED AS TO FORM:
Edward M. Hughe C
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lnt'l Maritime Trade Center\o5.15.17 - 4th Amendment.docx
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