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HomeMy Public PortalAboutGEFA 2013L35WJ.pdfLoan/Project No. 2013L35WJ GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (a public corporation duly created and existing under the laws of the State of Georgia) as Lender and CITY OF TYBEE ISLAND (a public body corporate and politic duly created and existing under the laws of the State of Georgia) as Borrower LOAN AGREEMEN" LOAN AGREEMENT This LOAN AGREEMENT (this "Agreement") de 20 , by and between CITY OF TYBEE ISLAND, a Ge and politic (the "Borrower"), whose address for purposes 403 Butler Avenue, Tybee Island, Georgia 313 ENVIRONMENTAL FINANCE AUTHORITY, a Georgia on (t � e "Lender"), whose address forpurposes 9 public corporation {the Street, N.E., Peachtree Center-Harri ower, Suite 900, Atlanta, GA 30303-1506. ment shall be 233 chtree 1. Background - The Lender desires to loan to the Borrower ONE MILLION SIX HUNDRED NINETY -GIVE THOUSAND DOLLARS AND ZERO CENTS ($1,695,000) from the Georgia Fund (the "Fund") to finance the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A attached hereto (the "Project"). The Environmental Protection Division ("EPD") of the Department of Natural Resources of the State of Georgia has completed all existing statutory reviews and approvals with respect to the Project, as required by Section 50- 23-9 of the Official Code of Georgia Annotated, and has approved or will approve the detailed plans and specifications (the "Plans and Specifications") for the Project prepared or to be prepared by the Borrower's engineer (the "Engineer"), which may be amended from time to time by the Borrower but subject to the approval of the EPD. 2. Loan - Subject to the terms and conditions of this Agreement, the Lender agrees to make the following loan or loans (collectively. the "Loan") available to the BorroNA er: (a The Lender agrees to advance to the Borrower, on or prior to the earlier of (1) the Completion Date (as hereinafter defined), (2) January 1, 2016, or (3) the date that the ban evidenced by this Note is fully disbursed, the Loan in a principal amount of up to $1,695,000 which Loan may be disbursed in one or more advances but each such disbursement shal reduce the Lender's loan commitment hereunder and any sums advanced hereunder may not be repaid and then re -borrowed. (b) The Lender's commitment in paragraph (a) above to make advances to the Borrower shall be a limited obligation of the Lender, to be funded solely from available moneys in the Fund and from no other source of funds, including other funds of the Lender. (c) The Borrower's obligation to pay the Lender the principal of and interest on the Loan shall be evidenced by the records of the Lender and by the Note described below. 3. Note - The Loan shall be evidenced by the Promissory Note, dated this date, executed by the Borrower in favor of the Lender in an original stated principal amount equal to the maximum amount of the Loan as described above (the "Note," which term shall include any extensions, renewals, modifications, or replacements thereof). The Note shall be in substantially the form attached to this Agreement as Exhibit B. 4. Interest, Fees, and Other Charges - In consideration of the Loan, the Borrower shall pay the Lender the following interest, fees, and other charges: (a) The Loan shall bear interest at the rate or rates per annum specified in the Note and such interest shall be calculated in the manner specified in the Note. (b) The Borrower agrees to pay all reasonable out-of-pocket costs and expenses of the Lender incurred in connection with its negotiation, structuring, documenting, and closing the Loan, including, without limitation, the reasonable fees and disbursements of counsel for the Lender. The Borrower agrees to pay all reasonable out-of-pocket costs and expenses of the Lender incurred in connection with its administration or modification of, or in connection with the preservation of its rights under, enforcement of, or any refinancing, renegotiation, restructuring, or termination of, any Credit Document (as hereinafter defined) or any instruments referred to therein or any amendment, waiver, or consent relating thereto, including, without limitation, the reasonable fees and disbursements of counsel for the Lender. Such additional loan payments shall be billed to the Borrower by the Lender from time to time, together with a statement certifying that the amount billed has been incurred or paid by the Lender for one or more of the above items. Amounts so billed shall be paid by the Borrower within thirty (30) days after receipt of the bill by the Borrower. (c) In the event the Borrower fails to request any advances under •ie Loan within six (6) months after the dated date of this Agreement, the Borrower sha ' pay the Lender a fee equal to the Lender's Loan Continuation Fee, as publisher' fro, - time to time in the Lender's fee schedules, if the Lender requests the Borrower 1 na} sal;- see in writing within twelve , 12) months after the dated date or th.s Agreer^. ^t, si c" to be payable within fifteen (15' days of such written request. (d) The Borrower shall pay the Lender an origination fee for the loan in the amount of one percer' ('1%' of the maximum amount of the Loan, payable on the dates specified by the Lender on not less than thirty (30) days written advance notice. 5. Prepayment - The Loan shall be prepayable in accordance with the terms and conditions of the Note. 6. Authorized Borrower Representative and Successors - The Borrower shall designate a person to act on behalf of the Borrower under this Agreement (the "Authorized Borrower Representative") by written certificate furnished to the Lender, containing the specimen signature of such person and signed on behalf of the Borrower by its chief executive officer. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. In the event that any person so designated and his alternate or alternates, if any, should become unavailable or unable to take any action or make any certificate provided for or required in this Agreement, a successor shall be appointed in the same manner. -2- 7. Conditions to the Loan - At the time of the making of each advance under the Loan by the Lender to the Borrower under this Agreement (each an "Advance"), the following conditions shall have been fulfilled to the Lender's satisfaction: (a) This Agreement and the Note shall have been duly executed and delivered by all required parties thereto and in form and substance satisfactory to the Lender, and the Lender shall have received (1) a signed opinion of counsel to the Borrower, substantially in the form of Exhibit E attached hereto, and (2) a certified copy of the resolution adopted by the Borrower's governing body, substantially in the form of Exhibit F attached hereto. (b) There shall then exist no Event of Default under this Agreement (or other event that, with the giving of notice or passage of time, or both, would constitute such an Event of Default). (c) All representations and warranties by the Borrower in this Agreement and the Note (collectively the "Credit Documents") shall be true and correct in all material respects with the same effect as if such representations and warranties had been made on and as of the date of such advance. (d) Since the date of the most recent annual financial statements of the Borrower delivered to the Lender, there shall have been no material adverse change in the financial condition, assets, management, control, operations, or prospects of the Borrower. le The Adva a to be made and the use of the proceeds thereof shall not violate an, applicable law, regulation, injunction, or order of any government or court. (f) When the Project budget included as part of Exhibit A indicates that the Loan will finance less than all of the costs of the Project or a category of costs of the Project, the Advance to be made shall not cause the percentage of such Project costs funded to date by the Loan to exceed the total percentage of such Project costs budgeted to be funded by the Loan. (g) The Borrower shall submit requests for Advances not more frequently than monthly and at least 21 days before the requested disbursement date. (h) The Advance to be made and the use of the proceeds thereof shall be limited to payment of costs of the Project set forth in the Project budget included as part of Exhibit A and contemplated by the Plans and Specifications approved by the EPD. (i) There shall be filed with the Lender: (1) A requisition for such Advance, stating the amount to be disbursed. (2) A certificate executed by the Authorized Borrower Representative attached to the requisition and certifying: -3- (A) that an obligation in the stated amount has been incurred by the Borrower and that the same is a cost of the Project and is presently due and payable or has been paid by the Borrower and is reimbursable hereunder and stating that the bill or statement of account for such obligation, or a copy thereof, is attached to the certificate; (B) that the Borrower has no notice of any vendor's, mechanic's, or other liens or rights to liens, chattel mortgages, or conditional sales contracts that should be satisfied or discharged before such payment is made; and (C) that each item on such requisition has not been paid or reimbursed. as the case may be, and =;. ch requisition contains no item representing payment on account of any retained percentages that the Borrower is. at the date of any such certificate, entitled to retain or payment for labor performed by employees of the Borrower. (j) The completed construction on the Project shall be reviewed (at the time each requisition is submitted) by the Engineer, and the Engineer shall certify to the Lender as to (A) the cost of completed construction. (B) the percentage of completion, and 'C) compliance with the Plans and Specifications. 8. Representations and Warranties - The Borrower hereby represents and warrants to the Lender: (a) Creation and Authority. The Borrower is a public body corporate and politic duly created and validly existing under the laws of the State of Georgia and has all requisite power and authority to execute and deliver the -redit Documents and to perform its obligations thereunder. 'b) Pending Litigation. Except as disclosed in writing to the Lender. there are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Borrower, after making due inquiry with respect thereto, threatened against or affecting the Borrower in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the properties, activities, prospects, profits, operations, or condition (financial or otherwise) of the Borrower, or the ability of the Borrower to perform its obligations under the Credit Documents, or the transactions contemplated by the Credit Documents or which, in any way. would adversely affect the validity or enforceability of the Credit Documents or any agreement or instrument to which the Borrower is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Borrower aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. Except as disclosed in writing to the Lender, the Borrower is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or arbitration board or tribunal. -4- (c) Credit Documents are Legal and Authorized. The execution and delivery by the Borrower of the Credit Documents, the consummation of the transactions therein contemplated, and the fulfillment of or the compliance with all of the provisions thereof (i) are within the power, legal right, and authority of the Borrower; (ii) are legal and will not conflict with or constitute on the part of the Borrower a violation of or a breach of or a default under, any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Borrower is a party or by which the Borrower or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Borrower - any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the governing body of the Bo--:wer. The Credit Documents are the valid, legal, binding, and enforceable oblic : ns of the Borrower. The officials of the Borrower executing the Credit Documents are duly and properl' in office and are fully authorized and empowered to execute the same for and on behalf of the Borrower. (d) Governmental Consents. Neither the Borrower nor any of its activities or properties, nor any relationship between the Borrower and any ether person, nor any circumstances in connection with the execution, delivery, and performance by the Borrower of its obligations under the Credit Documents, is such as to require the consent, approval, permission, order, license, cr authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Borrower in connection with the execution, delivery, and performance of the Credit Documents or the consummation of any transaction therein contemplated, except as shall have been obtained or made and as are in full force and effect and except as are not presently obtainable. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower will be able to obtain all such additional consents. approvals, permissions, orders, licenses, or authorizations of governmental authorizes as may be required on or prior to the date the Borrower is legally required to obtain the same. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would come an Event of Default. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound, except as disclosed in writirg to the Lender. (f) Compliance with Law. To the knowledge of the Borrower, after making due inquiry with respect thereto, the Borrower is not in ; -)lation of any laws, ordinances, or governmental rules or regulations to which it or its properties are subject and has not failed to obtain any licenses, permits, franchises, or other governmental authorizations (which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties, activities, prospects, profits, and condition (financial or otherwise) of the Borrower, and there have been no citations, notices, or orders of noncompliance -5- issued to the Borrower under any such law, ordinance, rule, or regulation, except as disclosed in writing to the Lender. (g) Restrictions on the Borrower. The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise), except as disclosed in writing to the Lender. The Borrower is not a party to any contract or agreement that restricts the right or ability of the Borrower to incur indebtedness for borrowed money or to enter into loan agreements, except as disclosed in writing to the Lender. Any contract or agreement of the Borrower that pledges the revenues of the Borrower permits such pledged revenues to be used to make payments due under the Credit Documents. (h) Disclosure. The representations of the Borrower contained in this Agreement and ar_ certificate, document, written statement, or other instrument furnished by or ?n behalf of the Borrower to tf a Lender in connectio-, with the transactions contemplated hereby, do not contain any untrue statement a material fact and do not omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Borrower has not disclosed to the Lender in writing that materially and adversely affects or in the future may (so far as the Borrower can now reasonably foresee -iaterially and adversely affect the acquisition, construction, and installation of the Project or the properties, activities, prospects, operations, profits, or condition (financial or otherwise) of the Borrower, or the ability of the Borrower to perform its obligations under the Credit Documents or any o{ the documents or transactions contemplated hereb; r thereby or any other transactions contemplated by this Agreement, w" ;l- has not been set forth in writing to the Lender or in the certificates, documents, and instruments furnished to the -ender by or or 5eLd" cf the Borrower prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (i) Project Compliance. The Project complies or will comply with all presently applicable building and zoning, health, environmental, and safety ordinances and laws and all other applicable laws, rules, and regulations of any and all governmental and quasi -governmental authorities having jurisdiction over any portion of the Project. (j) Financial Statements. The financial statements of the Borrower that have been provided to the Lender in connection with the Loan present fairly the financial position of the Borrower as of the date thereof and the results of its operations and its cash flows of its proprietary fund types for the period covered thereby, all in conformity with generally accepted accounting crirciples (subje = to normal year-end adjustments in the case of interim statements). Since the date of the most recent annual financial statements for the Borrower delivered to the Lender in connection with the Loan, there has been no material adverse change in the Borrower's financial condition, assets, management, control, operations, or prospects. (k) Reaffirmation. Each request by the Borrower for an advance under the Loan shall constitute a representation and warranty by the Borrower to the Lender that the -6- foregoing statements are true and correct on the date of the request and after giving effect to such advance. (I) Borrower's Tax Certificate. The representations and warranties of the Borrower set forth in the Borrower's Tax Certificate, dated the date hereof, are hereby incorporated herein and made a part hereof by this reference thereto, as if fully set forth herein, and are true and correct as of the date hereof. 9. Security for Payments under Credit Documents - (a) As security for the payments required to be made and the obligations required to be performed by the Borrower under the Credit Documents, the Borrower hereby pledges to the Lender its full faith and credit and revenue -raising power (including its taxing power) for such payment and performance. The Borrower covenants that, in order to make any payments required by the Credit Documents when due from its funds to the extent required hereunder, it will exercise its power of taxation and its power to set rates, fees, and charges to the extent necessary to pay the amounts required tc be paid under the Credit Documer Is a -d will make available and use for such payments all rates; fees, charges, and axes levied and collected for that purpose together with funds received from any other sources. The Borrower further covenants and agrees that in order to make funds available for such purpose in each fiscal year, it will, in its revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such payments that may be required to be made under the Credit Documents, whether or not any other sums are included in such measure, until all payments so required to be made under the Credit Documents shall have been made in full. The obligation of the Borrower to make any such payments that may be _equ red to be made from its funds shall constitute a general obligation of the Borrower and a pledge of the full faith and credit of the Borrower to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in this Section 9, the- the fiscal officers of the Borrower are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate fiscal year the amounts required to pay the obligations that may be due from the funds of the Borrower. The amount of such appropriation shall be due and payable and shall be expended 'or the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Borrower had included the amount of the appropriation in its revenue. appropriation, and budgetary measures and the fiscal officers of the Borrower shall make such payments required by the Credit Documents to the Lender if for any reason the payment of such obligations shall not otherwise have been made. (b) The Borrower covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial or corporate limits of the Borrower, as now existent and as the same may hereafter be extended, at such rate or rates, within any limitations that may be prescribed by law, as may be necessary to produce in each year revenues that will be sufficient to fulfill the Borrower's obligations under the Credit Documents, from which revenues the Borrower agrees to appropriate sums sufficient to pay in full when due all of the Borrower's -7- obligations under the Credit Documents. Nothing herein contained, however, shall be construed as limiting the right of the Borrower to make the payments called for by the Credit Documents out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds or enterprise funds). 10. Borrower Covenants - The Borrower agrees to comply with the following covenants so long as this Agreement is in effect: (a) Information. The Borrower shall deliver to the Lender, within 180 days after the end of each fiscal year, an electronic copy of the financial statements required under state audit requirements (Q.C.G,A. § 36-81-7). Borrower's annual financial statements shall be prepared in accordance with generally a. ,cepted accounting principles and otherwise in form and substance satisfactory to the Lender, which financial statements shall be accompanied by a certificate of the Borrower (1) to the effect that the Borrower is not in default under any provisions of the Credit Documents and has fully complied with all of the provisions thereof, or if the Borrower is in default or has failed to so comply, setting forth the nature of the default or failure to comply, and (2) stating the Fixed Charges Coverage Ratio, the Fixed Charges, and the Income Available for Fixed Charges of the Borrower for the fiscal year. The Borrower also shall promptly provide the Lender (A) upon receipt thereof, a copy of each other report submitted to the Borrower by its accountants in connection, with any annual, 'nterim, or special audit made by them of the books of the Borrower (including, without limitation, any management report prepared in connection with such accountants' annual audit of the Borrower) and (B) with such other information relating to the Borrower and the Project as the Lender male reasonably request from time to time. (b) Access to Property and Records. The Borrower agrees that the Lender, the EPD, and their .duly authorized representatives anc agents shall have the right, upon reasonable prior notice, to enter the Borrower's property at all reasonable times for the purpose of examining and inspecting the Project, includirg any construction or renovation thereof. The Borrower shall keep accurate and complete records and books of account with respect to its activities in which proper entries are made in accordance with generally accepted accounting principles reflecting all o' 'ts financial transactions. The Lender and the EPD shall also have the right at all reasorable times to examine and make extracts from the books and records of the Borrower, insofar as such books and records relate to the Project or insofar as necessary to ascertain compliance with this Agreement, and to discuss with the Borrower's officers, employees, accountants, and engineers the Project and the Borrower's activities, assets, liabilities, financial condition, results of operations, and financial prospects. (c) Agreement to Acquire, Construct, and nstall the Project. The Borrower covenants to cause the Project to be acquired, constructed, and installed without material deviation from the Plans and Specifications and warrants that the acquisition, construction, and installation of the Project without material deviation from the Plans and Specifications will result in facilities suitable for use by the Borrower and that all real and personal property provided for therein is necessary or appropriate in connection with the Project. The Borrower may make changes in or additions to the Plans and -8- Specifications; provided, however, changes in or additions to the Plans and Specifications that are material shall be subject to the prior written approval of the Engineer and the EPD. The Borrower agrees to complete the acquisition, construction, and installation of the Project as promptly as practicable and with ail reasonable dispatch after the date of this Agreement. Without limiting the foregoing sentence, the Borrower shall commence and complete each activity or event by the deadline stated in the Project Schedule included as part of Exhibit A attached hereto. The Borrower shall comply with the bidding and preconstruction requirements set forth in Exhibit C attached hereto. (d) Establishment of Completion Date. The date of completion of the acquisition, construction, and installation of the Project (the "Completion Date") shall be evidenced to the Lender and the EPD by a certificate of completion signed by the Authorized Borrower Representative and approved by the -End neer, stating that construction of the Project has been completed without material deviation from the Plans and Specifications and all labor, services, materials, and supplies used in such construction have been paid or provided for. Notwithstanding the -'oregoina. such certificate may state that it is given without prejudice to any rights against third parties that exist at the date of such certificate or that may subsequently come into being. It shall be the duty of the Borrower to cause the certificate contemplated by this paragraph to be furnished as scon as the construction of the Project shall have been completed. (e) Indemnity. (1) To the extent provided by law, in addition to the other amounts payable by the Borrower under this Agreement (including, without limitation, Section 4 hereof), the Borrower hereby agrees to pay and indemnify the Lender f am and against all claims, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) that the Lender may (other than as a result of the gross negligence or willful misconduct of the Lender) incur or be subjected to as a consequence, directly or indirectly, of (i) any actual or proposed use of any proceeds of the Loan or the Borrower's entering into or performing under any Credit Document, (ii) any breach by the Borrower of any representation, warranty, covenant, or condition in, or the occurrence of any other default under, any of the Credit Documents, including without limitation all reasonable attorneys' fees or expenses resulting from the settlement or defense of any claims or liabilities arising as a result of any suck breach or default, (iii) allegations of participation or interference by the Lender in the management, contractual relations, or other affairs of the Borrower, (iv) allegations that the Lender has joint liability with the Borrower to any third party as a result of the transactions contemplated by the Credit Documents, (v) any suit, investigation, or proceeding as to which the Lender is involved as a consequence. directly or indirectly, of its execution of any of the Credit Documents, the making of the Loan, or any other event or transaction contemplated by any of the Credit Documents, or (vi) the conduct or management of or any work or thing done on the Project and any condition of or operation of the Project. (2) Nothing contained in this paragraph (e) shall require the Borrower to indemnify the Lender for any claim or liability that the Borrower was not given any opportunity to contest or for any settlement of any such action effected without the -9- Borrower's consent. The indemnity of the Lender contained in this paragraph (e) shall survive the termination of this Agreement. (f) Fixed Charges Coverage Ratio. The Borrower shall not permit the Fixed Charges Coverage Ratio for any fiscal year to be less than 1.05. The following terms are defined terms for purposes of this Agreement: "Fixed Charges" means, for any period, the sum of all cash outflows that the Borrower cannot avoid without violating the Borrower's long-term contractual obligations (those obligations that extend for a period greater than one year, determined in accordance with generally accepted accounting principles) and that are accounted for in the enterprise fund containing the Borrower's water or sewer operations, including, but not limited to, (i) interest on long-term debt, determines in accordance with generally accepted accounting principles, (ii) payments under long-term leases (whether capitalized or operating), and (iii) scheduled payments of principal on long-term debt. "Fixed Charges Coverage Ratio" means, for any period, the ratio of Income Available for Fixed Charges to Fixed Charges. "Income Available For Fixed Charges" means, for any period, net income of the Borrower, plus amounts deducted in arriving at such net income for (i) interest on long-term debt (including the current portion thereof), (ii) depreciation, (iii) amortization, (iv) payments under long-term leases, and (v) transfers to other funds of the Borrower. (g' Tax Covenants. The Borrower covenants that it will not take or omit to take any action nor permit any action to be taken or omitted that would cause the interest on the Note to become includable in the gross income of any owner thereof for federal income tax purposes. The Borrower further covenants and agrees that it shall comply with the representations and certifications it made in its Borrower's Tax Certificate dated the date hereof and that it shall take no action nor omit to take any action that would cause such representations and certifications to be untrue. 11. Events of Default and Remedies — (a) Each of the follcwng events shall constitute an Event of Default under this Agreement: (1) Failure by the Borrower to make any payment with resp - :t to the Loan (whether principal. interest, fees, or other amounts) when and as the same becomes due and payable (whether at maturity, on demand, or otherwise); or (2) The Borrower shall (A) apply for or consent to the appointment of or the taking of possession by a receiver, custodian, trustee, or liquidator of the Borrower or of all or a substantial part of the property of the Borrower; (B) admit in writing the inability of the Borrower, or be generally unable, to pay the debts of the Borrower as such debts become due; (C) make a general assignment for the benefit of the creditors of the Borrower; (D) commence a voluntary case under the federal bankruptcy law (as now or hereafter in effect); (E) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts; (F) fail to controvert in a timely or appropriate manner, or -10- acquiesce in writing to, any petition filed against the Borrower in an involuntary case under such federal bankruptcy law; or (G) take any action for the purpose of effecting any of the foregoing; or (3) A proceeding or case shall be commenced, without the application of the Borrower, in any court of competent jurisdiction, seeking (A) the liquidation, reorganization, dissolution, winding -up, or composition or readjustment of debts of the Borrower; (B) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Borrower or of all or any substantial part of the assets of the Borrower; or (C) similar relief in respect of the Borrower under any law relating to bankruptcy, insolvency, reorganization, winding -up, or composition and adjustment of debts, and such proceeding or case shall onti .ue undismissed, or an order, judgment, or decree approving or ordering any of the foregoing shall be entered and continue in effect, for a period of sixty (60) days from commencement of such proceeding or case or the date of such order, judgmen.. or decree, or any order for relief against the Borrower shall be entered in an involuntary case or proceeding under the federal bankruptcy law: or (4) Any representation or warranty made by the Borrower in any Credit Document shall be false or misleading in any material respect on the date as of which made for deemed made); or (5) Any default by the Borrower shall occur in the performance or observance of any term, condition, or provision contained in any Credit Document and not referred to in clauses (1) through (4) above, which default shall continue for thirty (30) days after the Lender gives the Borrower written notice thereof; or (6) Any material provision of any Credit Document shall at any time for any reason cease to be valid and binding in accordance with its terms on the Borrower, or the validity or enforceability thereof shall be contested by the Borrower, or the Borrower shall terminate or repudiate (or attempt to terminate or repudiate) any Credit Document; or (7) Default in the payment of principal of or interest on any other obligation of the Borrower for money borrowed (or any obligation under any conditional sale or other title retention agreement or any obligation secured by purchase money mortgage or deed to secure debt or any obligation under notes payable or drafts accepted representing extensions of credit or on any capitalized lease obligation), or default in the performance of any other agreement, term, or condition contained in any contract under which any such obligation is created, guaranteed. or secured if the effect of such default is to cause such obligation to become due prior to ifs stated maturity; provided that in each and every case noted above the aggregate then outstanding principal balance of the obligation involved (or all such obligations combined) must equal or exceed $100,000; or (8) Default in the payment of principal of or interest on any obligation of the Borrower for money borrowed from the Lender (other than the Loan) or default in the performance of any other agreement, term, or condition contained in any contract -11- under which any such obligation is created, guaranteed, or secured if the effect of such default is to entitle the Lender to then cause such obligation to become due prior to its stated maturity (the parties intend that a default may constitute an Event of Default under this paragraph (8) even if such default would not constitute an Event of Default under paragraph (7) immediately above); or (9) The dissolution of the Borrower; or (10) Any material adverse change in the Borrower's financial condition or means or ability to perform under the Credit Documents; or (11) The occurrence of any other event as a result of which the Lender in good faith believes that the prospect of payment in full of the Loan is impaired. (b) Upon the occurrence of an Event of Default, the Lender, at its option, without demand or notice of any kind, may declare the Loan immediately due and payable, whereupon all outstanding principal and accrued interest shall become immediately due and payable. r\ Upon the occurrence of an Event of Defe /It, the ender, without notice or demand of any kind, may from time to time take whatever action at law or in equity or under the terms of the Credit Documents may appear necessary or desirable to collect the Loan and other amounts payable by the Borrower hereunder then due or thereafter to become due, or to enforce performance and observance of any obligation, agreement, or covenant of the Borrower under the Credit Documents. (d) In the event of a failure of the Borrower to pay any amounts due to the Lender under the Credit Documents within 15 days of the due date thereof, the Lender shall perform its duty under Section 50-23-20 of the Official Code of Georgia Annotated to notify the state treasurer of such failure, and the Lender ma;' apply any funds allotted to the Borrower that are withheld pursuant to Section 50-23-20 of the Official Code of Georgia Annotated to the payment of the overdue amounts under the Credit Documents. (e) Upo,- the occurrence of an Event of Default, the Lender may, in its discretion, by :9iritte,n notice to the Borrower, terminate its remaining commitment (if any) hereunder to make any further advances of the Loan, whereupon any such commitment shall terminate immediately. 12. Assignment or Sale by Lender - (a) The Credit Documents, and the obligation of the Borrower to make payments thereunder, may be sold, assigned, or otherwise disposed of in whole or in part to one or more successors, grantors, holders, assignees, or subassignees by the Lender. Upon any sale, disposition, assignment, or reassignment, the Borrower shall be provided with a notice of such assignment. The Borrower shall keep a complete and accurate register of all such assignments in form necessary to comply with Section 149(a) of the Internal Revenue Code of 1986, as amended. -12- (b) The Borrower agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff, or counterclaim whatsoever that the Borrower may from time to time have against the Lender. The Borrower agrees to execute all documents, including notices of assignment, which may be reasonably requested by the Lender or its assignee to protect its interests in the Credit Documents. (c) The Borrower hereby agrees that the Lender may sell or offer to sell the Credit Documents (i) through a certificate of participation program, whereby two or more interests are created in the Credit Documents or the payments thereunder or (ii) with other similar instruments, agreements, and obligations through a pool, trust, limited partnership, or other entity. 13. Miscellaneous - (a) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia, exclusive cf such state's rules regarding choice of law. (b) This Agreement shall be binding upon and shall inure to the benefit of the Borrower, the Lender, and their respective heirs, legal representatives, successors, and assigns, but the Borrower may not assign or transfer any of its rights or obligations hereunder without the express prior written consent of the Lender. (c) This Agreement may not be waived or amended except by a writing signed by authorized officials of the Lender and the borrower. I'd This Agreement shall be effective on the date on which the Borrower and he Lender have signe-' one or more counterparts of it and the Lender shall have received the same, provider' the Lender receives the same executed by the Borrower by September 18, 2014. At such time as the Lender is no longer obligated under this Agreement to make any further advances under the Loan and all principal, interest, or other amounts owing with respect to the Loan and hereunder have been finally and irrevocably repaid by the Borrower to the Lender, this Agreement shall terminate. (e) All notices, certificates, requests, demands, or other communications hereunder shall be sufficiently given and shall be deemed given upon receipt, by hand delivery, mail, overnight delivery, telecopy, or other electronic means, addressed as provided at the beginning of this Agreement. Any party to this Agreement may, by notice given to the other party, designate any additional or different addresses to which subsequent notices, certificates, or other communications shall be sent. For purposes of this Section, "electronic means" shall mean telecopy or facsimile transmission or other similar electronic means of communication that produces evidence of transmission. (f) This Agreement may be executed in one or more counterparts. (g) All pronouns used herein include all genders and all singular terms used herein include the plural (and vice versa). -13- (h) In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (i) Statements in Exhibit D attached hereto shall govern the matters they address. (j) This Agreement and the Note constitute the entire agreement between the Borrower and the Lender with aspect to the Loan and supersede all prior agreements, negotiations, representations. or understandings be:. ear. T,,°_: » parties with respect to such matters. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their respective officials hereunto duly authorized as of the date first above written. CITY OF TYBEE ISLAND Approved as to form: Borrower's Attorney Signature: '— Print Name: a, Title: /14-9,1___ (SEAL) Attest Signature: Print Name: Title: GEORGIA ENVIRONMENTAL FINANCE AUTHORITY Signature: (SEAL) -14- Kevin Clark Executive Director EXHIBIT A aGkE 1 OF 3 DESCRIPTION OF W -E PIS. SCOPE OF WORK Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ • JECT The project consists of water and sewer systems improvements throughout the city. This includes the replacement of existing 8" and 6" AC water main with new C-900 PC water main and replacement of 12" ductile iron pipe (DIP) force main with new C900 PVC force main and related appurtenances. ENHaT A PAGE 2 OF 3 DESCRIPTION OF THE PROJECT PROJECT BUDGET Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ ITEM TOTAL LOAN Construction a Contingency Engineering/Inspection Administrative/Legal TOTAL $1,445,305 95,164 144,531 $1,445,305 95,164 144,531 10,000 10,000 $1,695,000 $1,695,000 EXHIBIT A PAGE 3 OF 3 DESCRIPTION OF THE PROJECT PROJECT SCHEDULE Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ ACTION Plans & Specs Submitted to EPD Bid Opening L Notice of Award Notice to Proceed Initiation of Construction Completion of Construction DATE November 30, 2013 January 10, 2014 January 17. 2014 April 28, 2014 May 5, 2014 June 30, 2015 EXHIBIT B PAGE 1 OF 4 CITY OF TYBEE ISLAND 2013L35WJ SPECIMEN PROMISSORY NOTE $1,695,000 FOR VALUE RECEIVED, the undersigned (hereinafter referred to as the "Borrower") promises to pay to the order of the Georgia Environmental Finance Authority (hereinafter referred to as the "Lender") at the Lender's office located in Atlanta, Georgia, or at such other place as the holder hereof may designate, the principal sum of ONE MILLION SIX HUNDRED NINETY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($1,695,000), or so much thereof as shall have been advanced hereaga:nst and shall be outstanding, together with interest on so much of the principal balance of this Note as may be outstanding and unpaid from time to time, calculated at the rate or rates per annum indicated below. The unpaid principal balance of this Note shall bear interest at a rate per annum equal to ONE AMC 40/100 PERCENT (1,40%), (1) calculated on the basis of actual number or days in the year and actual days elapsed until the Amortization Commencement Date (as hereinafter defined), and (2) calculated on the basis of a 360 - day year consisting of twelve 30 -day months thereafter. ,_ �rueci interest on tnis Note shall be payable monthly on the first day of - -ich calendar month ur'til the first day of the calendar month following the earlier of (1) the Completion Date as 1ef:ned in the hereinafter defined Loan Agreement), (2) January 1, 2016, or (3) the date that the loan evidenced by this Note is fully disb.;rsed (the "Amortization Commencement Date"). Principal of and interest on this Note shall be payable in Two Hundred Thirty -Nine (239) consecutive monthly installments equal to the Installment Amount (as hereinafter defined), commencing on the first day of the calendar month following the Amortization Commencement Date, and continuing to be due on the first day of each succeeding calendar month thereafter, together with a final installment equal to the entire remaining unpaid principal balance of and all accrued interest on this Note, which shall be due and payable on the date that s 20 years from the Amortization Commencement Date (the "Maturity Date"). This Note shall bear nterest on any overdue installment of principal and, to the extent permitted by applicable law, on any overdue installment of interest, at the aforesaid rates. The Borrower shall pay a late fee equal to the Lender's late fee, as published from time to time in the Lender's fee schedules, for any installment payment or other amount due hereunder that is not paid in full within five (5) days after such payment is due. EXHIBIT B PAGE 2 OF 4 "Installment Amount" means the amount equal to the monthly installment of principal and interest required to fully amortize the then outstanding principal balance of this Note as of the Amortization Commencement Date at the rate of interest on this Note, on the basis of level monthly debt service payments from the Amortization Commencement Date to and including the Maturity Date. All payments or prepayments on this Note shall be applied first to unpaid fees and late fees, then to interest accrued on this Note through the date of such payment or prepayment, and then to principal (and partial principal prepayments shall be applied to such installments in the'.nverse order of their maturity). At the option of the Lender, the Borrower shall make payments due under this Note using pre -authorized electronic debit transactions, under which the Lender will be authorized to initiate and effect debit transactions from a designated account of the Borrower without further or additional approval or confirmation by the Borrower. The Borrower further agrees to adopt any necessary approving resolutions and to complete and execute any necessary documents in order for the Lender to effect such pre - authorized debit transactions. In the event the Borrower has insufficient funds in its designated account on the date the Lender attempts to debit any payment due hereunder. the Borrower shall pay the Lender a processing fee equal to the Lender's processing fee, as published from time to time in the Lender's fee schedules for each such occurrence (but not exceeding two such processing flees in any calendar month), in addition to any late fee as provided above. The Borrower may prepay the principal balance of this Note in whole or in part at any time without premium or penalty. This Note constitutes the Promissory Note issued under and pursuant to and is entitled to the benefits and subject to the conditions of a Loan Agreement (the "Loan Agreement"), dated the date hereof, between the Borrower and the Lender. to which Loan Agreement reference is hereby made for a description of the circumstances under which principal shall be advanced under this Note. Reference is hereby made to the Loan Agreement for a description of the security for this Note and the options and obligations of the Borrower and the Lender hereunder. Upon an Event of Default (as defined in the Loan Agreement), the entire principal of and interest on this Note may be declared or may become immediately due and payable as provided in the Loan Agreement. The obligation of the Borrower to make the payments required to be made under this Note and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Borrower, as provided in the Loan Agreement, and shall be absolute and unconditional irrespective of any defense or any rights of setoff, counterclaim, or recoupment, except for payment, it may otherwise have against the Lender. EXHIBIT B PAGE 3 OF 4 In case this Note is collected by or through an attorney -at -law, all costs of such collection incurred by the Lender, including reasonable attorney's fees, shall be paid by the Borrower. Time is of the essence of this Note. Demand, presentment, notice, notice of demand, notice for payment, protest, and notice of dishonor are hereby waived by each and every maker, guarantor, surety, and other person or entity primarily or secondarily liable on this Note. The Lender shall not be deemed to waive any of its rights under this Note unless such waiver be in writing and signed by the Lender. No delay or omission by the Lender in exercising any of its rights under this Note shall operate as a waiver of such rights, and a waiver in writing on one occasion shall not be construed as a consent to or a waiver of any right or remedy on any future occasion. This Note shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without giving effect to its conflicts of law rules). Whenever possible; each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. Words importing the singular number hereunder shall include the plural-urrDer and vice versa, and any pronoun used herein shall be deemed to cover all genders. The word "Lender" as used herein shall include transferees, successors, and assigns of the Lender, and all rights of the Lender hereunder shall inure to the benefit of its transferees, successors, and assigns. All obligations of the Borrower hereunder shall bind the Borrower's successors and assigns. EXHIBIT B PAGE 4 OF 4 SIGNED, SEALED, AND DELIVERED by the undersigned Borrower as of the day of CITY OF TYBEE ISLAND By: SPECIMEN Name: Title: (SEAL) Attest: By: SPECIMEN Printed Name: Title: APPROVED AS TO FORM: By: SPECIMEN Printed Name: Title: Borrower's Attorney EXHIBIT C PAGE 1OF2 BIDDING AND PRECONSTRUCTION REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ I. Competitive procurement by public bidding is required for construction, construction services, materials, and equipment. IL The Borrower must advertise for bids by conspicuously posting the notice in its office and by advertising in the local newspaper that is the legal organ or on its Internet website or on an Internet site designated for its legal advertisements. III. Advertisements must appear at least twice. The first advertisement must appear at least four weeks prior to the bid opening date. The second advertisement --us+ follow at least two weeks after the first advertisement. "Vebsite advertisements st remain posted for at least four weeks. Plans and specifications must be available for inspection by the public on the first day of the advertisement. The advertisement must include details to inform the public of the extent and character of work to be performed, any pre - qualification requirements, any pre -bid conferences, and any federal requirements. IV. The Borrower must require at least a 5 percent bid bond or certified check or cash deposit equal to 5 percent of the contract amount. V. Sealed bids, with a public bid opening, are required. VI. The Borrower must award the contract to the low, responsive. and responsible bidder or bidders, with reservation of right to reject all bids. VII. The Borrower may modify bidding documents only by written addenda with notification to all potential bidders not less than 72 hours prior to the bid opening, excluding Saturdays Sundays, and legal holidays. VIII. The Borrower must require 100 percent payment and performance bonds. IX. Change orders may not be issued to evade the purposes of required bidding procedures. Change orders may be issued for changes or additions consistent with the scope of the original construction contract documents. EXHIBIT C PAGE 2 OF 2 X. Prior to disbursement of funds, the Borrower shall provide the Lender with copies of the following: A. Proof of advertising; B. Certified detailed bid tabulation; C. Engineer's award recommendation; D. Governing body's award resolution: E. Executed contract documents, including plans and specifications; F. Construction and payment schedules; G. Notice to proceed; H. Contractor's written oath in accordance with O.C.G.A. Section 36-91-21 (e). (This is an oath required by law to be provided to the Borrower by the contractor. In short, this oath must state that the contractor has not acted alone or otherwise to prevent or attempt to prevent competition in bidding by any means and must be signed by appropriate parties as defined by law.); and 1. Summary of plans for on -site quality control to be provided by the Borrower or the Engineer - name and brief qualifications of construction inspector(s) and approximate hours per week of inspection to be provided. Xl. If other funding sources are involved that have stricter bidding requirements or if applicable laws or ordinances require stricter requirements, these stricter requirements shall govern. XII. If the Borrower wishes to fund work that may not fully meet the bidding requirements of this Agreement, then, prior to `ridding this work, it shall submit a written request to the Lender that specific requirements be waived. Based on specific circumstances of the request, the Lender may require submission of ad.-_--':•brial information necessary to document that State laws and local ordinances are not violated and that the intent of the bid procedures set forth n this Exhibit C (public. open, and competitive procurement) is satisfied through alternate means. XIII. The Borrower is required to notify the Lender at least two y.5 _ -s prior to pre - construction conferences for work funded under this Agreement and to schedule these conferences so that a representative from the Lender may participate. HUTTON $0 PARK OF COMMERCE WAY I SAVANNAH, GA 3[405 9!2.234.5300 I WWW.THOMASANDHUTTON.COM April 25, 2014 Mr. Princeley Dorfeuille Georgia Environmental Finance Authority 233 Peachtree Street NE Harris Tower, Suite 900 Atlanta, GA 30303 Re: City of Tybee Island Jones Street Water Main and LS#6 Force Main Improvements Dear Princeley: Please find attached the Exhibit C items for the referenced project. These include: • Proof of Advertisement (affidavit from Savannah Morning News - the project was also continuously advertised on the City's website, Dodge Rooms and Construction Bulletin for 30 days) • Certified Bid Tabulation • Engineer's Recommendation of Award letter • Award Resolution/Notice of Award • Executed Contract Documents • Notice to Proceed • Construction & Payment Schedule • Contractor oath concerning OCGA 36-91-21(e) • Quality Control Summary Let me know if you need anything else or have any questions. Sincerely, THOMAS & HUTTON Chris Stovall, P.E. ACSfkts Enclosures cc: Ms. Diane Schleicher STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS Personally appeared before me, Alaina Pincher, to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Company, LLC d.b.a. Savannah Morning News, a Georgia corporation, doing business in Chatham County, Georgia as a daily newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said company; That said newspaper is of general circulation in said county and in the area adjacent thereto; That said newspaper is the legal organ for publication in Chatham County, Georgia That he/she has reviewed the regular editions of the Savannah Morning News, published on: 90_„2... 1/ ,2014 g- ,2014, , 2014, , 2014, and finds that the following advertisement, to -wit: appeared in each of said editions. Sworn to and subscribed before me This c day of 01.4 94-Pratkoh._ (Deponent) Notary blic; Cha am County, Ga. EUGENE 11. MONK Notary Pubffc, Chatham Camay Expires �s :2' OCL' Ml*HT 00ail 1HV1TATlOH TO BID . • I. Seaied proIasafs for City W Tybeewlatand Weter & Sewer mart-= tmaravemenfs iDlViiIor 3 and' Divl93on II) awed by TheTheiCity of .Tyba Island wlff le received by tbdiCaur;ctf Chernbe located of 4r.0 Butler,&venue, ,ybee Wand, Geosgla,.3i'328, until 10.:00 A.M4 Feb i acy`;1't, 201'4 at which rise 1 c, heey t 'w ,lli be vlirreli Cne t,-N ried a be - . i lt !cittrer•Ihritof e Fe is 1.0eria'd of'srx3.y [4o -days. B}d 1 •PapsibsdIC/ ha1/ have U1 -flit), ' CarltrCCtor9d0ente frtmsber vrrittett e Then-etqlde of the BTd Bm'elspe 2: The gcd?ect cansfsle of -!list f a ri owiiit;!`p tsn a en i 11' . d es cri lied= Ditliattgt 3 _ :'iietatretleir o uppi-ix atetYl,44a7�. €hitt feetof 5' wotsKrficti aloft-. Lewfs'Avenu9, 8;800 Ilnni�ar Met of'' 2Etncta ivaterrnalr� 8�a'rrtt��,.Janele .•-venue to, incllide.fvsinli PVC tv t€is by d1f•e'ctt-anai drfl lnR, and ottier,arcea] iris regbiiredtand air• shown ctithe alanrte-eam"pIule q_ fvll.operat nalsyiferri; 4'• Dlvlsirinill - .. . iist®rldtiee r:f. aal�pr jly s,F0o .mi`s`er:feet of�'l2-h,:it farm maitl' o?oR8 Janis & 5biantdteAvendes tc . in-ell:di 1vii47v'RVC"tills-life by cfirectlonjr dt3ll,[siC;i np other saces:tuft Ofi'ed rrht_ai:itsorsit ;.n the ns' o,oper i;tete a=tait afraratlrrs . - . . 3. Pion oni S;iec€fltcttdns are open to. IFrio eel loe ar,may be obtalred.:fram Thames-W-E4irtton EngInenrjh;Lao?, nj,!_ort of Camin+rj,,gs•-woy.,• - pvisnnoii, . 3ear21a,.31405 unoe:payment of $ 200.06 Bi at;{Ft5# J plt ctrorgeefor li - ch ppiicaa b141, shGotiti� ' Karen Sniiiif4ictlat [911 { Fart 412,2344950).:410complete bill let: Tp.d non -1,4 l 4. Btds lhcll be tic bO pie hone by cegg-r''tdredn- /I" '1' 'a check,lb,a o aunt iicfT�� than NIL af.=hey are [slit. Ali Sli11YatiM be tfy'a:surehr cflrnpaay. riCl iced Geore1a`with an •A'•'titt'I" rating Of pertorrnaae d'a tinancrol_atr,nrfthrdt at 1t (1Ste [5} time. iin caritirbct a_rlce ps f.fbted i'dititlef,rrra citr:rrnl bubtfcat1#ft pi;'1i'est'S Key Rattng G-uide' pp�eity LF:a141 �, Perfocmar . iond POYeAlt , each"1n to amount eneol 1a l 00% of th " e cunir'ae Irk f eshdi; be re�aL afttre"' 'I - u[ bidder if mrrlfat is awardbd ach Bond shall be circeirglirEcilst a 'power oil". A'tiatgttev' c.u,tnaVIxlno the; crtfcrrirg4g-fpct,ta bindtlhe suety on`d'eertlfted to Inatt➢de Mr ar te.of the t> ad., c. sll Y es.ittii.right t eL.ailew aiI Brd$i'? iciatrn witb`cyf limit""ntfow -the rights t relloct'anyfar.oil nane.entnrnlniz,>II nonr,egirrtrpii[vee:-ubarcince cr'. condit asp_ i`3idt and to select the Eltger Brtlder }}f�n nrbertev that ( tiie ftbe"In,$tls best; rnt0 c7war; ���[a ✓ 11ait I; i ra rlr lye. al tpe:e his urutaafif or at. dat,htfugf rranetei ability or fells to Tteef.utr etl'ir pet•!rnent Standard ortirr;Ilitys established by, the d, F.tudfna:' This I ro ect rs funded by tpe City._ 1bee island. - 7. A. Pie > fit eohLirsihs, wftf he; hieeie.p i;12ry rni4kgt0:ObA,M. ' in the'7+2tty.;F[WtCoundir'Ntiefinp Raom,at ihi,eity,`A3ii ftflstratran' Bun In`►ccated;.at 433 Barer. Avertu"en - -Fie Island, Georgic+ 3}328; Ali nrespectiys• bftldara: City Of<Typee;stand qty Mana0er 6E I Saturday, Jan Invitation • t0 Bid OcCompenied by a "Power of Attorney' authorizing the attorney -in -fact to bind the surety and died to 1raluae the dote of 5. OYfrer reserver Mortis: 11t'to' refecf ony.or-afI Bids', inetudinp' wltmiout.limitation, the rlghts.to` reft',ct any or alI.noneohformleg, noncespOnsive,'unbalanced ac• conditiBird or any Bl idder rds 4f Owner bend e llevei that it Wouid not be in the'best interest/at the'pro ecttp ale awe ra thief Brildf7, *hjher beca e7 he,B•Ed is hat'respa Iva ar the Hildd"e.Is unal,orlfied dr of doubtful f1n1cialableW oPifailetto meet al:Mathee per intef standard Or criteria established bye the 6• Fon'al-rigl This ot{{sct} qfs fiindpd by Mirka* o(Tybee. is(wd.. 7. kPtte-lira onirnrince wIEl Be held Januar? 23x2014 at 10:00 A.M. in MO City Hall Co Wall Meeting Room at the City Administration Building located at 403 Butter AvenTinTybie Island, Georgia 31323; Mrprospectslte bidders encohrefed to attend: CityyOf Tybee island +.ity Manager 25,2014 I Light Of the COastai Empire ID Sealed bids INVITATION received at the Office of the CityPtirchasing Director, Board of Purchase, . City Hall, Sawermaii, Georgia. until 1:30 P.'M., Tuesday, Feprudry 11, 2014 at Which time they will open bids for the fellowino: Portable Toilet Reft al - Tara Fele & St. Patrick's Day - Event No. =0, A are, -bid. m$ tingf' as. been scheduled -to be ddhdtiefeif r tfie. Office of the Purchasing Dfredfor"= Third' oorClt3 Haif et III:OlFA.Mtr Tuesday, Febr,ucry 4.2aT4 to discuss the sptclflcatlonS and resolve any questions and/or misandersfandfngs that May arise. You are invited to attend. SnecIf34gtlans pee'gvallobie•at the OffICe.of the City Purchasing Director, City Hall Sa,rannah, Georgia or may be doxfnloaded franc thePIT'S Webelte at www.3dvadnahep_gov. Bids must be on the Board of Purchase Bid Forms to be s idered., ; The Board of Purcheme reserves the right to relict any and all bids and to waive forrhalltles: The City of Savannah •promotes equal 0POartunitles for dl! vendors in City Purchases. JP fag D eDiFlelor' rkiiifil • INSERT DATE:January 2& 2014 i NVOICEDESCI{IPTION: . 13-G210tt- g0-St224 Emig Notice and Public Review' of a Proposed Activity lea Wetland Area To: All interested-Agenblee, Group:gad IddWIddeis - Chotham Abbingten Oaks, L isP Proposing tai devetogfbui Id 2:1Eipitts of family homing located 0.30 miles west of the intersection of Abercarn Street and Mtddle9rouid' Rceg, In Savannah, Ch-atham;Co ty, Georgia_- The strbiict praperty'ii 17.14 acres and writ disturb aaproximately 0.045 acres of wetlands. Correspondence from the US Army savannah Dlstrict'Carps of Engineers doted Noveipber 27, 2013. determined that the-lydposed activity is authorized under Nationwide Permit 29; as described In Port 13 of the 14WP Program: There are three Primary purposes for this notice. First, deonle with mAy-be offecfud by' craftftles within wetlande and those who have an Interei3t In the pretecticn of Miscellaneous of 5 Notices l OTICE OF PUBLIC HEARINGS The Mayor and Council of the City of Tybee Island. Will WA Public Hearings at City Hall, 403 Butler Avenue at 7:00 P.M.., Thursday, Febn.ary 13, 2014. The pyrp of these Hearirlss are as foxier: .Variance00 04-006 ZOIt ChU Vlo• Roci., f5saat [�ghvcflan re tEChra4lan• Text At ie hint =Secfn6n 9-050((;} - Teehnieattofles Adapteddcopper wire; consideration of e{iatigg to coopper wiring requlrerae t; '- Ted �A rteoak t qS rid lain: gabs enento for abed & br a ecricfriirts Text�Aonenddmdnt6e- Section 3-140+• Protective`Screehing of Alilmxnt of e14 =riprequirements To comider pos;IbAtehaages to the feleoNihe sections -of Article 3:. TeX} Amendment - Section 3.2�.Conti�r� f Nonconforfgjtlp Text Amendtff tt - Section 3-030 - Reduction hi Lqt Area 5extAm rid�t-Section►3440- Text Ammdndme t of m g-090 - Schedule of Development Regulatlens Text Amendment - Section 3 -110 -- Sing e•falnfiy Residential. Standards'/ Mbnufaeiurtd Horne Standards fdlfa ! Recrea iStandards , i Vehid; Text Amendment - Section 3-120 Access to Public Street Required Text Amendmentf- Section 3-130 - Structures to tie 1, oved Text Amend�menpt - Sertfan 3-140 - Unsafe Strudur s Text Arriendelent- Secti n 3450 - Prohibited Users iii Residential Districts Tekt Amendment - Section 3-16r Greehspace . Text Amendment , Section 3:1.70 - Horne Occupatldtts and• Flame Business Offices 'Text Amendment - Section 3-190 - 5wimhtiing Pool Reaulrefnents andph tnnf- . , .. • Text Amendment= Section 3-90 Tattle Nesting Pebtecttan Text Amendnle tf - Sectiori'3-240 - Wetlanrs Protection Anyone wishing to speak to these Issues may do so. it wilt be necessary.torslgn a DEtclosure form before the Hearings` The forrn•is avalichrid of Cify Hail, Name Changes 020 IN TM ,SUPERIOR COURT • OFCHATHAM COUNTY STATEOF GEORGIA C'MI Aam• Nuafber: ' 01141041 -M0 - IN RE:7HE NAME CHANGE OF A Mi . Child PETITIONERS & NEXT FRIENDS Adelaide Sanchez Duran Ansel do 1srafl-Aguilar Guzman NOTICE00 PETITION TO CHANGE NAME Notice W hereby g3 eirjhat- Adelaida Sandlex Duran and Angel de Israel Agitilzif the undersigned,,•peliti0ner RAN filed thof eir Petition inn the EZ superior Court of Chafhalrf CSuniyi•Geergfa January 17, 2014, praying for a change n the name of her minor Morn NATHALIE S NCHEZ DURAN.to NATHALIE AGUIi.AR; iSANCI IEZ. Notice IS hereby Olsen PersuaSt to taw to any interested:,ar acted person toatMegt in said flue ab1drtions.to,such ftlfaamme change. Obtectfohis•rhAf it be'filed with said Court within thirty (30} (Jaime Changes 020 days OE the filing of said Petition. This 17 day of JdnUary, 2014 Ms. Thompson' Deputy Clerk, Superior Court •Chatham County, Georgia?. IN THE SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA Clvli Action Number: Coil C04 -BA IN RE: THE NAME C GE AA Minch PETITIONERS &NF-XT,FRIENDS Vern a Antoetleta Vdsquez Mendez- • SanlosJulia VkciiteHernandes -II NOTICE OF P TITIoN TO CHANGE NAME Np tice is Hereby yiyei that Vernaahla Ahtonlefe Vasquez Mender and Santos Juno Vicente Hernandez, the undersigned, petitioners and parents of JENRY VICENTE VASQUEZ filed their Petition in the Superior Court of Chatham County', Georgia on thej7 do of, January, 2014. praying for change iti the name of their minor child frarn - JENRY VICENTE VASQUEZ • to HENRY ViCENTE;VASQUEL Notice it hersby given'pursuant to EaW To any interested or affected person to CpPeor IA said ;Curt .and file obieetior,* to•aucT name change. Oblecnoris mui filed with said Court Within thing C3SI days of elm ftilydof said Petition. This 17 day of ihieluary, 2014 Ver5abelb Airtonlitd Vasgiiez Mender, Pcfetioner •k , Tipf lio VlcenteliAL. ,.S4 Peti iN THE SUPERIOR COURT OF CHATHAM COUNTY STATE pF GEORGIA Cage Number: CV14S-WA `In e:�ir/�i1 hdY NOTICE OR PETITION TO CHANGE NAME Notice is tie'ehj' given that Mi KELL ROY has filed hit aetitior to the Superior Court of Chathdni. County, Georgia, January 14:2Ot4r ofp tin fora fn file namA. Mi KELL- ROY 10 MIKE1.L ROY GLOVER. Notice is hereby given Ourivant to law to any interested or affected Peft, to appppeeaarr fn sold Court and' to fife ableetians to such name. change. Obiedfans must be filed ,Pith said Court within thirty (30): - days of the filing of sold Petition. This 14 day of Janikiri'r 2014' Millen Roy Giever,-PeiItiOner Ro6terW. Galiow y Attorney for the. Pelitfafler Gailoteay & Galloway) P.C. P. O. Btu 674, • - Pdaisr, GA. 31202. • (9123 748.4100, IN THE SUPERIOR COURT OF CHATHAM COUNTY STATE OF.GEORO1A Civic Action Moin-ber: CV(3-1277-ABh Child: Strether mamas Pope PetiANN tiCAMMILLE• POPE and Respondent: JASON ETHER POPE FlOadE CHANGPETITION bb Amnon CHILa ' Savannah Morning News I The-fors-acingP etlliori:lor AdoMian having been read and considered let the sarne be fIBO. Let on interested persons show ,Cause before mef if any the can before this Court, at 9:00 A -M•, February, 94,'2014. why the Court should notpefthft the.adoptlon of ISABELLA GRACE'LEVERETT *the Petttioriet:. • This 14 day of l�tilafy, 2 iii April Gook, . • ' Deputy Clerk, Superlat+Couit Effingham County, Gearala Ooeechee,4udfcfal Circuit , IN THE SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA' Civil Action Number: DR7400R-J5 STEVE! LEI: VERDUFT Plalntifir • • •. , AnriA ti'S HE S IDE 1'Vft NOTICE OF PUBLICATION , • To: CHRIST/NEM. VERDUFT AJK/A CHRISTINE ML SjfOWDEN aY peace*order for service by peace*dated Jtenvary 10, 2014,.yoti ant hereby notified that on January 10, 2014, Steven Lee.Verdtft, Pfafntiff„ In the above styled acllon, flied suit against you for divorce. You are required to tile with the Clerk of the Superior Court of Chatham CougtY Georgia, andda serve upon • the E. Mltlerr, 0. Box 30657, Sa rich, GA. 31410, Or answer In writi - Within sixty (60) chili of the date of fills notice. ' This Me 10 Of Jordan., 2014. Ms. Thompson Deputy Cler14 Sdpenior Court Chathant Colrhty, Georgia Eastern'Judkjaf Circuit ' r R • J. IN THE SUPERIORCOURT , OF CHATHAM COUNTY STATEOF GEORGIA • Civil Action Numbler,: CV10 0412-ICA• • , AAHTDdioss l^ JEANNIE'CROSS 1,Pfatlinfi v JOHN GINN F1.H.O.S., TliEtlf =HEIRS. ADMINISTRATORS, EXECUTORS, SI4CESSORSI CLAIMING UNDEF THEM • AND A11.TE WORLD Defendants, N0'TiCEOF SUMMONS FOR THE PETITION TO REMOVE CLOUD' FROM TITLE' Tot'JOIiN-GiNld,J-lH.O. THEIR HEIRS. ADMrNtSTRATORS, EXECUTORS, SlJCCFRSSORS, ASSIGNS . -AND ANYQNE, CLZA1MING UNDER THEM AND. .ALL.OFTHE WORLD, THEIR, XECUTO R/A DM I N E ST RATO AND HEFR-AT-L'AW`AND/O ASSIGNS AND -ANY AND ALL4 PERSONS'KNOwN,Q- UNKNOWN AND WHO CE.AI OR' MIGHT CLAIM ADVERSEL �-xFTS� ,BOOCKS,,•i OD ODV.IL-L•LfE SAVANNAw, CWATHAM COLTNTY, GEORGIA AND THE FOLLOWING ADJOINING LANDOWNERS- CORA CONNELL,.CLEAR CHANNEL COMMUNICATIONS, INC., K & L INVESTMENTS -PROPERTIES, LLC, JAMES R. S.EELE, ET. • 51:•tvi; t: by f thlik.ltj0fi 03 •;L., ELA'NE Rep -..;SON. You are hereby notified theabove, styled action seet;ln; Remove Claud 8ram Title: Fr the egip CaUrt on -the 9th de March, 200 end bfl reasons:: Order•for. Serylce of'Summen Publication entereq by.ihe l M 'the 9th day of arch, 2010, gad are to appear at the obey, ii •eovrt,Evhere this action if per Within thirty (30) days from dE hd.Order for Pubficat)ai] SIgand, and You are' her confrria ded-ono required to wit11 the-Cleri( of said Court seivieuTpatr BOiiza C. Redd ProiraHf+s aftorrrew whose add is 910 A4:L. Kifg,.Jr-, B1' Savannah Georgia 3741-$? an Answer to the Co :plaint xi sixty (60) days of the dot ser'lceby, nubliaath i. Wldfaef Ka si rable.. JuQgp of said Courtl - - : ; ThEe,to dairiaf J,priuq!Y, i014j DeaDtre E. Odatn • cherthorn Clerk, Superior Court • + Eastern Jc l Ci , • IIPERIORCOURT . CHATHAM COUNTY, GEOi,O ADOPTION. ey IUN 2744 NOTICE OF TEENNATlOti ,, OF RIGHTS TOmu} TO: Jennlfey.;Gail Sta`rbor mother, and Jolffny Lee Gobi Jr., alleged blaioalcal tamer, female child. barn April 1},.200: JozahrilferbethCityGail,Po54 Staof rtiaard.C, Eli North Caroline, ,AND TO A OTHERS claiming MT rdonnf to, -child:. You will lase:ati right the child, and willnefthet tee notice nor be entitled to abler the child's adaptldn,'Unless apptar in the pending adapt action. and show souse why r' klghtfi to the child thbuid not terminotdd bit that adoption. C ./ day!' advance notice of y appearartge to tile below Clerk Petitioning Attorney. Final hearing, March 3, 2014, at 10:00, A.MF- NoR-legal tett: wilt first, within 30 days: petitlon.ta Weill -matt (O -C.[ §19-7-221', and (23 give writ notics of such action to the be Clerk.ond PtthloriInc Attorrurv, WITNESS, the Honorable JhChaama n Dior Coral, Georg' This 4th dop,cf December. 2013, Shane Ruf, Deputy Clerk, Chamgm• Sipbrfac Court, Gadrs, iii Mantrrarnery Stftet SSoyya: Or -Milo 11.12 eey O'Brian Buil P. 0:80X 9611 Sbva ADOPT T�NE�p 41200ii ye Money!- :'Subscri Today.!` Call 236-0271 'Or visit us onlin: at savann��abnow,,c'om subacrlbe Estate ces 504 IrE` s' t1Y NOUSES - tat close for oaetl, Feral el:amattre programs make youf pa'nlett. Gea, U 8rly �xioti price Or or Yisit Os 510 Comma floor endendxt t.elt & Buy Peek Di. La asdry Room, nested porn, very Oka ser.:ed en &iaters s Gore_ c - arrtdeor WAG Lbrnhunity ring peeL how tent e-atar, byenema ownuar27lsea NO. cad 812-40i+1704. Nome Sat, lee. 25 h. Ma. 26 from $ - i pot. MEM maters, 2 3go atln-i.?3:5cR tore I ,.Msrtls.1areaeeb :Korea Ressesli wenbroak Ptaae • earemah Stine, 2-5 Batts .1484 Bost her t ropertles Sevmoett • : Matt gook (lit) 007.1414 1s $wish rsi Pt.ae $wrist% 2 Settee - `..F.55 sq. 5.134,000 _ /de Ctlaobie'r e124Sida41 F webers tibiae 2Ttedroons alters 3224,000 Sessentell t Hatt Ears (flog 107441.4 ears 3stary orreieseaf ngDaftEn Perk.'Hdwds:•i Stainless. ts.DO.5unrm. tai deitlie.'•Eeperience ode Historic Distrl at Its 1382,500. Tile _ d 9e2-01i.e' Re ity. Dees CtSLIIMiSOIS7 We t litY li /coo :. -NowseAing- & Ina, Coil& from the mid 120`5. Me time k ereft LORENZO TODAY gt' 16 803/gisige San prate e- ad: E52 -0A225 i3k2i� 19 to deliver the Is a great way tQ ion -Ting hours! You ;ems&spro(if of auto taasthould live In Mlchefle at 7s otanottarnity. MARSH & GOLF VIEWS. 3 fat friars Retreat. $348,900.3 Bas, 2.5 Ms. Totally renovated elegant kitchen. NEV: baths, wood `wears, tie 'icon in bathn/heureay, screened porch and Petit windows. Exercise rm off muter. Broker is owner/agent. Cali Steve Yates 912.398.0300 ext 210 or 933-24141C13 Restd dJal listings & War 1D tare Grouter Summit Area Joy YOUngb1O0d AO; 1321,13R$AIIR Re/Mlsx Savannah (e) 912.355.7711 (r) 912. • Proven Honesty •• aSom son Tadi6t Island Laksiftwod sussss t ies wee throughout specipLo mk r card bath. Corsnad patio oredooking Ti lse boaTartl end freshwater lake. $489,000. can for eppotonseat tad Abates. jai Wilikage013M 107 River Point's bt:"" close to breads & ddwuta,trt. 2 BR & 2 RA. Vaulted family roam. caging fells thendiout. f Wood bolds, double rarity in master. bath, attic, laundry room with , .wtshbr/dryer.-Frost With & ttis*te patio w'fstoD'age room. Call r .Ian 912.4294008 SouTllsidr Savannah Homes 52 6 ' 1105BA. Stream St. Fistyr minor. Brat location. - Lease or cards.. $300 down and $857 storrth. can 877.5004817 E. 818 i IIIL Brick, 2BR/1BA. Single remUy Fixer Upper. Lease or Cash WO Celt 11771994045$353/o. *OUTRI$IDE. airs Paradise Drive. PRICE REDUCER 3111,500 Lovely tench styli withiwaridarfu hardwood Roofs, 3 3Ry, formal DR, LR. ergs kh, huge fen yd storage shed, Recent roof, well water fa Must Vhs1ia Prepaiden LLC��-7707. Put ,:titIeli inn better rpo Dn! Fb1d a new jab stayat .:' jobS.savannahw w m! SPRINGFIELD. 108 Riley Ct. $182,700. 2005, -brick. 2295 if, peaceful cuitte-sac, otetorn ranch. 3 BR. 2 BA, banns room, oversized 2 -car attached garage, sligp. Irrigation w/separate well. Open floor plan alfilt BR. energy saWrig features (low unity costs). vaulted drilling, gas FP. MOP tray ceiling, 3 zone type SEER15 HYAC (2010), 12x3.7 screened porch, wooded rear. WIC & WiAttle w/exhaustlfens 2. Sherry Murphy 9124390.9597, Caldwell Basher thter al 4t 7, . Lots & Acreage 542 5 acres, 35 min. from Savannah Owner financing. $500,adown + cis. $469.03 per month. 912764.9955 tf�geiwog, SC. . 8.434 oadber located Iftrtd TRt 3 Posit= uDelye; Illdgelar Sc lr SWAM Call S4r34!111e7S40S r i31aDd 174 Pefroee 1/2 acro. Fented, teptle !eddy, ahaaow wefs, across she rivet fFdfi, deep water•RTcha dens Cree)c $*rs00: 91243715100 Conimercitt Property 'Rt 544 leriktd CALL 9122.4027" CASH FOR VINYL REaliii Loon aalleaiar & imril Iota of TVs #t�+ O t P� 93 264722 JAMAL AND SHEA ROatorat. No job to big or small. - 1 f� 912432,2996.-,r 12432,2996., f. rah Owners sad Mmegcx-Wren to knew bow m reedy the Warn Mudienceto tits fire amb arm/ 'Call ChrisCmeyrrt 5- 4l OPEN (en i P1ei:- ^ Sale • Marroolouln • HI Abbey West. The sp., a is inside the Mastaateurn gryp el protected from the . *other on level & Vetoed at $415030- :•rrenay. Aalcl g $3,000. all 912-7774�1w question& Double blatteoleum Crypt, Hilkxest Abbey, Forest Lawn, New Chapel mausoleum. Floor PA. Number SbD:deret 5. (V ued at $9475) Resdng .NO. Cell 91.2.7BS14 0 after Y pm. Forest Lawn Memory O r'deits. 2 Plots for rate. 42.0 8 and 4. 41550 each or StlOoColl 9 404430 ca ��>� le Section of Use F1ofKt Leers Cemetery for ono. $3100 each plus $31 transfer fee. Calior text Irian012-65&644let Farm. Lawn & Garden [terns 616 Chipper Sillredder for Side.Clean up lour yard with this Yard Machbxs S.5FIP, 3 way feed Cittppbr Shredder.'CNps brinches. tugs up tp 3' Die. $280. Call 9124974261 Furniture R Household Items 620 Grin Bois ter aide. Perfect cnr.dhioe. Pee dine by Woos, complete semis foie (34 pisok $50. Akio, lillkasa tivory:wtes gold trim). 10 dinner plus a breed plats $20. Cali of text 9124174123 ENGLISH CHINA CABINET 130.00 Call 363.8060 GLASS TABLE TOP $300.00 er Best'Offer Calk 912-247-3800 BED Warr Head�board.M.Matinrs and r ,2 Drawer Mev`'t Stood - 3. - :Cad 234-3546 i' $�%QD 04 Table 4Pairs 5.00 Wooden'Desk Drawbar I $25.00 A Drtpwer Motet Fee Cabinet -$15.00 . whirlpool Dryer -$50.00 2 Lamps -$5.00 ea. . Lazy Boy RKBner ( Blue -some weer; $40.00 .r : RnpnE 4234284148. $of�j resea#/Chair. V ryGood fond.' $170. Call 912-927-4093 Sign up for breaking newt alecks at �avanrohnow.00mf• Top peak ' . OrtLithaitose Master Gunsmitheons, 7 East Montgomery Cross Roast, Sararinttlt'p'Flreerms source. 9124254799 SHOO Wesson M&P .40 c51 handgun, with ortgatal ease. two Inta'ebengaabfe gripe, fora malts and LSO mounds of and - $520. Moab 19 Omm handgm, whh original ndendcop &age and � �weed romeer, three age =GIGO C1r8 7734304682 Invitation to Bid 010 70CWAENT 00021 INVITATION TO SID 1. Sealed proposals for City of TLoupe evemejl a (Division island Weiler & s r1 and Division II) 0whedtby The City of rbee Island will be received by the Council Chamber located at 403 Butler Avenue., Tybee Island, Georgia, 31328, until-10:OO:A.M., Februcry 1T, 20T4 at whlc-h time titer will be publicly optRted. Ho bid mar be (itbdrnswi after the closing time for the receipt Of bids for a period of sixty (60) days- Dia Proposal shall hove Utility Contractor License Number written .an,the ottetde of the Bid Emretopg 2. The pro(,ect ,Cons Fats of the f6ilbwing geherally'd,gscrlbet DlOislon I Installation of appioximatelY 1.670 !Meer feet of 6" wafer maid Gilstel Lewis 4/Wentre,fSACOatti linear fee ee Avenge to include filsIbiSteole PVC tubing tfv directledel drllllna, mpg other accessories regUif'ed omit as shown on the plans fa eotrlaletE a full operational system: Division II lttstanatlon of apprdxlmately 5,700 linear feef pf 12 -inch forte main eking Jonas & Salomon Avenues to lntipde fusible PVg John by drrettianoi dr1111R4..Oniiii ether akcessofles required and as shown on the plan$ to complete 0 full ceeraMnel system. 3. Pions and Specifications ore open rnslsectton or ma" be obtained from Thomas & Hutton 'Enoineering Ca.,,.50 Park of Commerce .wpy,"saybenah. Georgia, 31405 noon payment of $ .200.00 for each set (plus shim/Ina charges as applicable). Contact Karen Smrjl$lil at (912)234-5300 (Fax 912-234-2950) to recerve a complete bid set. The payment is • 4. aids Will be accompan(ed by e told bond or.eertified fedshier's Cheek In an *mount not less than 10% of erne based. All bonds shall be by a surety company licensed In Georgia with an 'A' minimum rating of performance turd o financial strength o at least five I5) times,,Itte contfpct price.ds listed 1n -tote Most current publication of,"BesNa Kay Rot11a .Guide-Propprtr L`1a'bllity.'. 'F'erforfrtance and Payment Bands, 'each in an amoumt equal to 100% of the contract price shall be required bf the undce §fui-bidder if contract Is awcridd."Each Bond shall be OUSES SAVANNAH - $290,000 OPEN TODAY 2:00-4:00 SATUJRDAY, JAN. 25th SAVANNAH QUARTERS $269,900 OPEN SUNDAY 12:00.5:00 r PORT WENTWORTH OPEN DAILY LOU TO 5:00 OR BY APPOINTMENT • 50 PARK OF COMMERCE WAY [ SAVANNAH, GA 31405 912.234.5300 I WWW,THOMASANDHU1"rON.COM February 11, 2014 Honorable Jason Buelterman City of Tybee Island Post Office Box 2749 Tybee Island, GA 31328 Re: Tybee Island, Georgia Jones Avenue Water System Improvements and LS#6 Force Main Improvements Recommendation of Award Dear Mayor Buelterman: This letter serves as our recommendation of award of a construction contract for the referenced project. After legal advertisement in the local newspaper and on the City's website, sealed bids were received at City Hall until 10:00 a.m., Tuesday, February 11, 2014 and were then publicly opened and read aloud. Four bids were received. We have reviewed the bids, checked the line item prices for any errors, and are attaching the certified bid abstract for the project. The low bidder was BRW Construction Group, LLC of Savannah, Georgia with a base bid of $1,198,221.50. We are familiar with BRW, having worked with them on past projects. They have a history of successfully completing projects of this scale and complexity. We have checked the State of Ge rgia_- Suspended and ebarred Suppliers list on the Georgia Department of Administrative Services website to determine the debarment status of the company and the low bidder is not on the list. We therefore recommend award of a construction contract to BRW Construction Group, LLC as the lowest responsive, responsible bidder. Should you have any questions, please do not hesitate to call. Sincerely, THOMAS & HUTTO�f A. Christopher Stovall, P.E. ACS/kts Enclosure BRUNSWICK, GA l CHARLESTON, SC l COLUMBIA, SC I MYRTLE BEACH, SC I WILMINGTON, NC CITY OF TYBEE ISLAND, GEORGIA ABSTRACT OF BIDS DIVISION 1 • WATER IMI'ROVEMEN BIDDER t.tuferlal Moblllza tlon/Demobitizatfon Traffic Control Testing Soil Borings (3 Race s) Su b -Tota l, Miscellaneous DIVISION!: WATER IM PRO VEM ENTS 8" A PVC Wa ter Main 6" k PVC Water Main Dlre ctlonal MN 8' FPVC Wate r Ma in 2" Lateral 1" La teral Connect to I" Service Co nnec t to 2" SenAc e 8' Ga te Valve In Valve Box 6' Gate Valve in Valve Box 2" G ate Va lve In Valve Box Install New Fire Hydrant Asse mbly (M+ H) Remove Existing Fire Hydra nt 8" Tapping Sleeve 8'x6' Tee 8" x2" Tee 6'x2" Tee 2"x2" Yee 8"x6" Wye 20 8"x6' Reducer 21 8'x8" Cross 22 8'x6" Cross NW CONSTRUCTION GR OUP, Lt TB LANDMARK CONSTRUCTION JORDAN CONSTRU CTI ON 8,515 IF $ 21.25 $ 180,943.75 { $ 265 6,510 203 99.00 9.00 2.50 600.00 675.00 1,18000 880.00 saao0 3.150.00 S 4,900.00 S 450.00 350.00 280.00 324.00 22,536 .00 41 ,580.00 2.385.10 16,275.00 121 ,800.00 17,550,00 35,4170.00 14,080.00 4.320.00 50.400,00 S 3,375.00 $ 4.900.00 1,750.00 280.00 324.00 Total S 28.500 .00 S _ 6,500.00 $ 2.500 .00 S 1,500 .00 $ 39,000.00 S 35.000.00 $ 4000.00 S T,85000 S 5.750,00 S 46.600.00 24.80 6 211 .172.00 $ 26.00 5 221,390.00 10 .00 7.00 333.00 655.00 1.268.00 6 975.00 $ 600.00 S 3,870.00 $ 440.00 S 440.00 $ 250.00 S 38,499 .00 25 .620.00 S 2.650.00 S 45.570 .00 S 67,599 .00 5 17,030.00 $ 38.040.00 S 15,600 .00 $ 4,800.00 5 61,920,00 $ 2.200.00 $ 440.00 $ 250.00 475,00 S 475.00 f $ 625.00 S 625.00 $ 280.00 $ 555. 00 5 550.00 $ 560.00 S 1. 665,00 $ 3.300. 00 S 285,00 $ 900.00 S 900.00 570.00 2,7C0.00 5,400.00 12.40 7.80 250.00 600.00 1 ,140 .00 $ 970.00 $ 200.00 $ 2 .60000 S 3,100,00 S 580.00 S 440,00 $ 23 .00 800.00 380.(71 1.0231 Xi 960.00 S 45.072.00 $ 25,200.00 $ 3.286.00 $ 50.778.00 S 50, 750.00 $ 15,600.00 $ 15,520.00 S 1,600.00 S 41,600 .00 $ 925.00 $ 725.00 $ 3,650.00 $ 3.360,00 7,310.00 2,900.00 440.00 23.00 S 760.00 $ 3.069.00 $ 5.760.00 POTtER CONSTRUCTION Unit Pri ce $ 11.050.00 S 13,200 .00 5 1 .000.00 450.00 $ 350.00 $ 1.650,00 S 5,300.00 375.00 315.00 240.00 650.00 S _ 400.00 $ 225,00 Total S 11.050.00 S 13,20000 1.0 "'. $ 450 .00 S 25,700.00 S 255 ,450.00 S 37,560.00 S 31.500 .00 $ 2.650.00 $ 104,160.00 $ 71 .050.00 $ 42,900.00 $ 37,500.00 S 14,800.00 S 5 .800.00 S 58,400 .00 $ 1.125 .00 S 1,575.00 $ 24000 $ 650 .00 S _ 400 .00 $ 450.00 $ 9.475 .00 $ 4.500.00 CITY OF TYBEE ISLAND, GEORGI A ABSTRACT OF BIDS BIDDER BRW CONSTRUCTION GR OUP, LL 23 8'90 Bend 24 8'45 Bend 25 6490 Bend 26 27 28 29 30 31 32 33 34 5 6" 45 Bend 2" 90 Bend 8' Cap 6" Cap 2" Cop lie Into existing 8" Watermain lie Into existin g 6- Watermaln Remove & Replac e Con cre te Driveway Remove & Replac e Sta mped Co nc re te Drive 4y rteo i a icepia r a Uysrtir antl rr „l rk,ex. ,n„ 36 Remo ve & Replace Brick Pavers 37 Remo ve & Repla ce Grav el Driveway 38 Remo ve & Replace Asphalt Roa d 39 PVC to AC pipe slee ve transitio n Sub -Total, Water Main 17 a 25 4 12 8 14 6 11 16 504 EA EA EA EA EA EA EA EA EA EA SY 13 SY 14 Sy 3 403 972 5 SY SY SY EA $ 270.00 $ 4,590.00 $ 375.00 $ 270 .00 S 350.00 $ 280,00 5 170,00 $ 140.00 S 130,00 S 97040 $ 960 .00 S 75 .00 $ 130.00 S 3,000.00 S 6,750.00 $ 1,400.00 $ 3,360.00 S 1,360.00 $ 1,960.00 S 78000 $ 10,670 .00 S 15,360.00 $ 37.800.00 $ 1,690,00 $ 130.00 $ 250.00 S 15 .00 S 60.00 $ 550.00 S 1 .820 .00 $ T8 LANDMARK CONSTRUCTION JORDAN CONSTRUCTION I NOTTERCONSTRUCTION $ 450.00 S 550.00 S 450 .00 S 55000 S 7,650 .00 S 4,400.00 S 11.250,00 S 2200.00 S 1,010,00 $ 17 ,170.00 $ 990.00 S 7,920.00 S 275.00 250 .00 S 4.675.00 s 2.000.00 $ 830.00 S 20,750 .00 S 650,00 S 2,600.00 S 5 .00 $ 60.00 S 180.00 S 1,440.00 $ 150.00 $ 2 ,100.00 S 10.00 S 60 .00 $ 3,800.00 $ 41,800.00 S 210.00 S S S 5,250.00 S 200.00 S 18000 S 150.00 $ 150.00 $ 1.650.00 S 1.200.00 S 48.00 $ 170.00 $ 50.00 S 2,400.00 $ 1.440.00 S 2-100.00 200.00 450.00 $ 800.00 $ 5.40000 S 140.00 S 100 .00 S S 1,120.00 $ 1.400.00 $ 900 .00 $ 18,150.00 $ 19 ,200 .00 S 24,192.00 $ 2,210.00 750 .00 $ 6,045.00 S 58.320 .00 $ 2.750.00 $ 685,303.75 $ 300.00 $ 6,00 50.00 $ 25000 $ 70040 $ 900.00 S 2,418.00 $ 48,600.00 $ 1,2E0.00 $ 707,905.00 S 3.70000 $ 59,200 .00 50 .00 $ 25,!00.00 140.00 S 1,700.00 $ 1 .600 .00 S 840 .00 $ 18.700,00 S 25,600 .00 $ 27, 720.00 S 55.00 90.00 $ 1.170.00 $ 40.00 $ 560.00 $ S S 400.00 S 1,200.00 580.00 $ 110.00 $ 1,250.00 S 7.540 ,00 $ 1.540070 $ 3.750.U0 35.00 S 14,105.00 50.00 $ 48 .60000 290.00 $ 1,450.00 Erosion Control 1 Grassin g 2 Clearing 3 Slit Fence (Type "A7 Erosion & Sedimentation Co ntrol/Ha y Bale Fence Sub-Totot, Erosion Control o ta l Co satnectlan - Divhion I 5 1. 450. 00 S 1.000.00 $ 3,465.50 $ 2,390.00 $ 0.90 S 6,867.00 $ 500. 00 $ 500.00 S 13,222.50 $ 729,026.25 S 779 .755 .00 $ 1,000.00 $ 1.00 $ 2.00 $ 3.500.00 S S $ 15.00 85.00 800,00 S 4045 .00 S 82,620.00 S 4,000.00 $ 887,395.00 $ 775,453 .00 $ 2,390 .00 S 2.39 $ 15 ,260 .00 S 1,200.00 $ 600.00 S 1 .00 S 2,868.00 $ 1,434 .00 S 7.630.00 $ 1500.03 S 1,700.00 $ 1,700.00 S 21,152.39 $ 843,205.39 S 13,632,00 $ 926.727,00 CITY OF TYREE ISLAND, GEORGI A ABSTRACT OF BIDS BIDDER DIVISION II - LIFT STATION 116 F ORCE MAIN REPLACEMENT .a negnMatefla l 1 Mobllznto n/Demobilization 2 Tra ffic Control 3 Testing 12' PVC Force M ain 2 Dire ctional Drill 16" Casing w/ 12" FPVC Force Main 3 Directional Drill 12" FPVC Force Main 4 Bore Pit 5 Receiving Pit 6 12"45 Bend 7 12' 22 Bend 8 12.11 Be nd 9 lie into existing 12" Fo rc ema in 10 Sand Backf ll Qua mtly Job Job 5100 11 Stone Backfll 12 2' Alr Relea se Va lve 160 450 2 2 14 3 7 200 4 LF EA EA EA CY CY EA BRW CONSTRUCTION GROUP, I.LC[Tl3 LANDMARK CONSTRU CTION U nit Ades S 25,500,00 S 2500.00 S 33.50 $ 220.00 $ 99 .00 S 1.520 .00 S 1,520 .00 S 750.00 $ 720 .00 S 720.00 S 2.400.00 S 5.00 S S 13 lie into existing Ma nhole 14 Remo ve & Replace Grav el Ro ad 1.430 EA SY S S 40.00 7,450,00 7.000.00 10.00 Total UM We S 25,500.00 ' $ 22,500,00 $ 2.500.00 , $ 5,000 .00 S 500.00 L $_ 2000.00 $ 28 .500,00 $ 170.850,00 S 35200.00 $ 44.550,00 S 3,040 .00 $ 3,040.00 S 10,500.00 $ 2,160.00 S 5.040.00 S 2.400.00 $ $ S S 1,000.00 S 193,800.00 S 185.00 S 29600.00 $ 118.00 S 53,100.00 $ 2,200.00 $ 4,400.00 S S 800.00 S 1,600.00 980.00 $ 13,720.00 980.00 $ 2,940.00 S 6,860.00 $ 3,500,00 S 3.50200 $ 12.00 $ 2,400.00 8,000.00 $ 52.00 S 10,400.00 29.800.00 7,000.00 14.300.00 15 Remove & Replac e G ra vel Drive way 175 16 Remove & Replac e Asphalt Road 1,256 Sub -Total - Force Main Re pla cement SY SY $ $ 15.00 59.00 S S 2,625.00 74,104.00 $ 413,609.00 S 3,400 .00 $ 13.600 .00 S 7.500.00 $ 7,500.00 S 5.00 $ 7,150.00 $ 800 $ 1,400.00 5 50.00 5 62,500.00 S 414,770.00 JORDAN CONSTRU CTION Unit Price T olni S 10 ,000.00 $ 10,000.00 S 2.000.00 s 2,000 .00 S 700.00 $ 700 .00 S 12700.00 POTTER CONSTRUCTION UnM,Ptico T ot al S 5,000.00 $ 5,000 .©0 S 4,000 .00 $ 4,00000 S 1,000 .00 $ 1,000 .00 $ 1,000.00 $ 1,000.00 $ 10850.00 $ 2,250.00 S 5,250.00 3.400.00 $ 3.400.00 CITY OF TYBEE ISLAND, GEORGIA ABSTRACT OF BIDS iiiDDER BRW CO NSTRUCTION GROUP, LL -CF -T8 LANDMARK CONSTRUCTION ' JORDAN CONSTRU CTION 1 P OTTER CONSTRUCTION Erosion Control 1 Grassing 1.31 AC $ 1.500 .00 S 1 .965 .00 3 2,800.00 $ 3 .668 .00 S 1.000.00 $ 1.310 .00 $ 1,300 .00 $ 1,703 .00 En Sa mpling Po int ©OI $ 500.00 $ 1.000.00 $ 300 .00 S 600 .00 $ 50.00 100 .00 800,00 3 1.600.00 Q Cle aring ® AC S 975,00 $ 1,277.25 $ 5,600.00 $ 7.205.00 $ 1.00 600.00 :. / 1 (Type4 Slit Fence 11 $ 3,620,00 $ 1.50 $ 6.430.00 $ 2,1]0$ 7,240.00 $ 1 .00 1 3,620.00 (Type 6 Silt Fe nce . 11 1 ________________________ HOPE 67 LF $ 32.00 $ 2,144.00 50.00 $ 3.3 .50.CO11 $ 1 .474.00 11 2 .077 .00 40.00 $ 2.520.00 60,00 $ 3 ,780.00 fl S 1 .512.00 S 35.00 ! Grate Inlet 2 EA $ 2.100.00 $ 4,2C0.00 3,000 .00 S 6.000 .00 $ 1,200,C0 5 2.400.00 $ 1,600.0011 $ 3,OW.00 18" Flare d• Sec tion EA $ 1,000.00 1.000.00 200 .00 $ 1,200.00 •11111111 600.00 Ero sion 8: Sedimentation C orstrollHa y __As Fet, 1 $ 400.00 $ 400 .00 $ 1 ,500,00 $ 1.500 .00 S 2,200.00 $ 2,200.00 S 700.00 S 700,00 Sub -Total - Erosion Control $ 27.086.25 $ 43,273.00 S 26,455.31 $ 25,431,00 l ofd Conshuotlon Division ii s 469,195,25 $ 487,543,00 $ 483.187.31 j $ 467.376.00 Total Constru ction - fivlslon 1 S 729,026.25 $ 779 .756,00 S 843,205.39 S 926:727.00 'Total Construction -Division II $ 469,195.25 S 487,543.00 ; $ 453,187.31 3 467,376.00 n`p7} - DIVISION' AND 1)1V151O N II j $ 1,198,221.50 J $ 1,267,248 t10 $1 ,246,392.70 ; 3. $1,394,103 .00 1 Correct Bid Form 1 Ye s Yes Yes Yes 10% Bid Bond Ye s Yes Yes Y es Receipt of Addend( Yes - - _ Yes Yes Yes This is a hue and correc t Abstra ct of Blds received on February 11, 2014 at 10:00 A,M, A��� ��.•� Project Manager =SOLUTION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND: WHEREAS, the City of Tybee Island is a duly organized municipality within the State of G ;gia; and WHEREAS, the City has determined that it is in the best interests of its citizens, the City the public at large to authorize the execution of documents for a .�..t..�, the construction of .��_ ... _.., for :,. ��V-7 and sewer main improvements; and WHEREAS, the state of Georgia, Georgia Environmental Facilities Authority has authorized a loan in connection with the wfc 4. r.• and sewer main improvements; and WHEREAS, the City n T :rbe Island has properly complied with solicit r procedures in connection with seeking bids for the j and WHEREAS, the project has properly been awarded to BRW Construction Group, LLC, 1425 Dean Forest Rowq, Savannah, Georgia. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly as.--;77?"--,-7, as follows: RESOLVED, that the mayor, Jason Buelterman, is hereby authorized and directed to execute on behalf c City of Tybee Island the contract in the principal amount of $1,198,221.50 with BRW Construction Group, LLC to perform the project generally described as the water and sewer main improvements (Division I and Division If) and any other related and necessary document' in connection therewith. IS SO RESOLVED, this the -Pi/ day of , 2014. CITY OF TYBEE ISLAND, GEORGIA ATTEST: TybeerResolutionslwater & sewer Section 00641 tCR TO PROCEED Dated: 2014 TO: ADDRESS: OWNER'S JOB NO.: PROJECT: Cliv of TVbee island Water & ewer hAain i oroverne, 1 R Savannah, GA 31405 J -24609 and Dhrtslo CONTRACT FOR: Division i Installation of approximately 1,670 wear feet of 6" water main along LewisAve., 8,8001inear feet of 8: water main along Jones: Ave. fo include fusible PVC tubing by dlrectivnai ding. and other accessories required and as shown on the plans to complete a NI operational system Divhion it installation of approxtmatety 5,700 Tnear feet of 12" force main along Jones & Solomon Ave.to include fusible PVC tubing by direcifonat driring, and other accessories required and as shown on the plans to complete a full operational system. You are notified that the Contract Times under the above contract will commence to run on 28, 2014 By that date, you are tb start performing your obligations under the Contract In accordance witt.11cte-8 of the Agreement the dotes atSubsfantiai C Documents. comple and readiness for payment are November 24, 2014 and December 74, 20 p lion Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides that you and OWNER must each dormer to the other (wilh copies to ENGiNIER and other identified additional insureds) caartiilcatesof lnsur ncewhic r each Is risiatrreti to purchase and maintain in accordance with the Contract Documents. 1-24602/ alp of T bee bland MC54115/Mcich14 00641-1 ESTIMATED PAYMENT PROGRESS CHART #1 CONTRACTOR: BRW Con struction Group, LLC . CONTRACT NO. J-24809 Invoice Number Invoice #1 Invoice #2 Invoice #3 Invoice #4 invoice #5 Invoice #6 PR OJECT: Tybee Island Water & Sewer Improvements LOCATION: City of Tybee Island Dates May 25th June 25th July 26th August 25th September 25th October 25th CONTRACT DESCRIPTION: Installation of 0700' 8" water main & 1" water services on Jones Avenue, 1700' S" water main on Lewis Avenue and 5700'12" f orce main on Jones Avenue, Solomon A ve nue and Polk Street. Total Contract Cost $1,198,221.50 SUBMITTED FOR APPROVAL BY: George J. Poilte s DATE: 4128/2014 APPROVED BY: $290,000 .00 (Stored Materials) $190,000 .00 $190,000 .00 $185,000.00 $1801000 .00 $163,221,50 Total Co ntract $1,198,221.50 CONTRACTOR: PR OJECT: CONSTRUCTION PROGRESS CHART #1 SRW Construction Group, U.C . CONTRACT NO. J-24609 CONTRACT DESCRIPTION PreconetructIon Meeting Tybee Isla nd Water & Sewer improvem ents LOCATION: Largo Project Markin g Meeting Erosion ConlroUGrassing Mobillzatlon to Site DATES CONTRACT DESCRIPTI ON: installati on of 8700' 8" water mei n & 1" water service s on Jones Avenue, 1700' 8" w ater main on Lewis Avenue and 5700' 12 " force main on Jones Avenue, Sol omon Av enue a nd Polk Stre et 3/26/2014 4/17/2014 CltLr of Drbse island SU BMITTED FOR APPROVAL BY: George J. P olltes APPR OVE D BY: ESTIMATED COST TINE/13A YS� SCHEDULE /A CTUA L SCHEDULE ACTUAL A • rli June July 2014 August September October November DATE: 4/28/2014 DATE: Installation of 8" Water Main an d .1" Water Services 17th at. to 13th at inetailadon of 8" Water Main and 1" Water Services 13th at to 10th at. Installatio n of 8" Water Main and 1" Water Services 10th et. to 7th st. In stallation of 8" Water Main and — 1" Water SarvIces 7th at to 4th at installation of 8" Water M ain and 1" Water Serv ices 4th et to Hwy 80 Insta llation of 12" Force Main on 4/2812014 5/6/2014 Solomon Avenue Sectio n " A" Installatio n of 12" Fo rce M ain on Solomon Avenue Section "B" Installation of 12" Force Main on Po lk Street Installatio n of 12" Force Main on Jones Avenue Installation of 6" Water Main an Lewis Avenue Final Cleanup SCHEDULE ,ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHED ULE ACTUAL SCHEDULE' ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL SCHEDULE ACTUAL " ate 511,44 rim tam IgaiNteSWATUAL Final Inspections SCHEDULE ACTUAL SCHEDULE ACTUAL Imam CONTRACTORS WRITTEN OATH IN ACCORDANCE -1 O,C.G.A. SECTION 36-91-21 FOR CITY OF TYBEE ISLAND WATER AND SEWER IMPROVEMENTS WHEREAS, the CITY OF TYBEE ISLAND, GEORGIA, whose address is 403 Butler Avenue, Tybee Island, Ga 31328 (hereinafter referred to as "City"), accepted sealed proposal for the construction contract referred to as the Water and Sewer Improvements — Divisions 1 and II on February 11, 2014. WHEREAS, BRW Construction Group, LLC. whose address is E.Q. Box 1806, Savannah, Georgia 31402 (hereinafter referred to as "Bidder"), submitted a sealed proposal to the City on February I 1, 2014 for the said project in the amount of Seven Hundred Twenty Nine Thousand Twenty Six and 25/100 Dollars ($729,02625) — D1V SION I and Four Hundred Sixty Nine Thousand One Hundred Ninety Five and 25/100 Dollars ($469,195.25) — DIVISION IL CERTIFICATION STATEMENTS: 1. The undersigned hereby certifies that that he or she has not directly or indirectly violated subsection (d) of Q.C.G.A. Section 36-91-21. 2. The undersigned further certifies that he or she has not acted alone or otherwise, to prevent or attempt to prevent competition in bidding or proposals for said project by any means whatsoever. The undersigned certifies that in the process of procuring said work, he or she has not prevented or endeavored to prevent anyone from making a bid or proposal by any means whatsoever, nor caused or induced another to withdraw a bid or proposal for the work. BRW Construction Group, LLC By 7c`- k.Bee.dc- Title Date a.L4t ?.aa14 SO PARK OF COMMERCE WAY j SAVANNAH, 0A 31405 912.234.5300 J WWW.THOMASANOHUTTON.COM April 24, 2014 Mr. Princeley Dorfeuiile Georgia Environmental Finance Authority 233 PeachtreeStreet NE Harris Tower, Suite 900 Atlanta, GA 30303 Re: Water and Sewer Improvements City of Tybee Island, Georgia On -Site Quality Control Summary J - 24609.0000 Dear Princeley: In accordance with Exhibit "C" of GEFA loan contract requirements, we have prepared the following plan summary for on -site quality control: On -site quality control will be accomplished through part time inspection services during the construction phase of the project. Observations will take place based on the type and location of work being performed at any given time during the project, and will include review for conformance with the approved plans and specifications. Inspections services will be provided by both the project Engineering Consultant (Thomas & Hutton) on approximately a once per week basis and the City of Tybee island personnel on a daily on -call basis in full cooperation with EPD staff. Should you have any questions or comments regarding the above, please do not hesitate to contract me or George Reese at the City at f912) 596-3654 or greese@cityoftybee.org. Sincerely, THOMAS & Hil1TON Chris Stovall, P.E. ACSfkts cc: Mr. George Reese EXHIBIT D PAGE 1 OF 3 STATE REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. EXHIBIT D PAGE 2 OF 3 FEDERAL REQUIREMENTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. EXHIBIT D PAGE 3 OF 3 FINANCIAL COVENANTS Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ None. LAW OFFICES CALLAWAY, BRAUN, RIDDLE & HUGHES P.C. TIMOTHY F. CALLAWAY, III DAM F. BRAUN R. I(RANNERT RIROLE EDWARD M. HUGHES O. soon- PORCH. IV THOMAS E. BRANCH, III APROFESSIpjtAL CORPORATION 301 WEST CONGRESS STREET SAVANNAH, GEORGIA 31401 TELEPHONE {912) 238-2750 FACSIMILE {912) 238 2767 August 29, 2014 Georgia Environmental Finance Authority 233 Peachtree Street, N.E. Harris Tower, Suite 900 Atlanta, Georgia 30303-1506 Ladies and Gentlemen: REPLY TO: POST OFFICE BOX 9150 SAVANNAH, GEORGIA31412 Voice Mall Extension -108 As counsel for the CITY OF TYBEE ISLAND (the "Borrower"), I have examined duly executed originals of the Loan Agreement (the "Loan Agreement"), Loan/Project No. 2013L35WI, between the Borrower and Georgia Environmental Finance Authority (the "Lender"), the related Promissory Note (the "Note") of the Borrower, the proceedings taken by the Borrower to authorize the Loan Agreement and the Note (collectively, the "Credit Documents"), and such other documents, records, and proceedings as I have deemed relevant or material to render this opinion, and based upon such examination, I am of the opinion, as of the date hereof, that: 1. The Borrower is a public body corporate and politic, duly created and validly existing under the laws of the State of Georgia. 2. The Credit Documents have been duly authorized, executed, and delivered by the Borrower and are legal, valid, and binding obligations of the Borrower, enforceable in accordance with their terms. 3. To the best of my knowledge, no litigation is pending or threatened in any court or other tribunal, state or federal, in any way questioning or affecting the validity of the Credit Documents. 4. To the best of my knowledge, the execution, delivery, and performance by the Borrower of the Credit Documents will not conflict with, breach, or violate any law, any order or judgment to which the Borrower is subject, or any contract to which the Borrower is a party. Georgia Environmental Finance Authority August 29, 2014 Page 2 5. The signatures of the officers of the Borrower that appear on the Credit Documents are true and genuine. I know such officers and know them to be the duly elected or appointed qualified incumbents of the offices of the Borrower set forth in their names. With your permission, in rendering the opinions set forth herein. I have assumed the following, without any investigation or inquiry on my part: (i) the due authorization, execution, and delivery of the Credit Documents by the Lender; and (ii) that the Credit Documents constitute the binding obligations of the Lender and that the Lender has all requisite power and authority to perform its obligations thereunder. The enforceability of the Credit Documents (i) may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, and other similar laws affecting the enforcement of creditors' rights, (ii) may be subject to general principles of equity, whether applied by a court of law or equity, and (iii) may also be subject to the exercise of judicial discretion in appropriate cases. Very truly yours, Edward M. Hughes EMH/md EXHIBIT F EXTRACT OF MINUTES RESOLUTION OF GOVERNING BODY Recipient: CITY OF TYBEE ISLAND Loan Number: 2013L35WJ At a duly called meeting of the governing body of the Borrower identified above (the "Borrower") held on the : 3 day of K4 -v. y„�,, he following resolution was introduced and adopted. WHEREAS, the governing body of the Borrower has determined to borrow but not to exceed $1,695,000 from the Georgia Environmental Finance Authority (the "Lender"to finance a portion of the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A to the hereinafter defined Loan Agreement E "Project"), pursuant to the terms of a Loan Agreement (the "Loan Agreement") between the Borrower and the Lender, the form of which has been presented to this meeting; and WI- REAS, the Borrower's obligation to repay the loan made pursuant to the Loan .Agreement will be evidenced by a Promissory Note (the "Note") of the Borrower, the form of which has been presented to this meeting; NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that the forms, terms, and conditions and the execution, deli 'ery, and performance of the Loan Agreement and the Note are hereby approved and authorized. BE IT FURTHER RESOLVED by the governing body of the Borrower that the terms of the Loan Agreement and the Note (including the interest rate provisions, which shall be as provided in the Note) are in the best interests of the Borrower for the financing of the Project, and the governing body of the Borrower designates and authorizes the following persons to execute and deliver, and to attest, respectively, the Loan Agreement. the ` 'ote, and any related documents necessary to the consummation of the transactions contemplated by the Loan Agreement. d.�- -- i : L (5i nature of Person to Execute Documents) (Print Title) c nature of Person to Attest Documents) (Print Title) The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect. Dated: $ . 2 / (SEAL) Sj cretary/Clerk GEFA Loan Estimated Draw/Disbursement Schedule Community Name: C.t41 0"V I 10.ef, J_ L Loan Number: (9Oi3 1-35 \A Project TOTAL :CAN AMOUNT: It (09 6.1 Q( In the table below, please provide an estimated schedule of the loan draws you will request from GEFA for the loan listed above. The total of all the loan draws should equal the total value of the loan. GEFA will use this schedule to track the progress of your loan. GEFA must receive a completed draw/disbursement schedule before it can execute your loan. You can also access an electronic, writeable version of the draw/disbursement schedule on GEFA's website at: http://www.gefa.georgia.cqov/loan-documents If you complete the schedule in the electronic form, you can return to GEFA as a printed copy or as an email attachment. (Note: Use mouse to click in amount column) DRAW NUMBER (Sequentially with 1) DATE (Month & Year) AMOUNT I doict- Pa-14aS 6.0g 2 X94 en apace, 1}a I l ii 5O 3 Sfpferh er aOI�. J 3 o4 S tQ3 4 �c4-o6e - ► t01(f 131UCYa 5 6 7 8 9 10 11 N OUe to �tr, 0`� . D i T Defeo, l r: ni DOlS 1)4tCYl olOi 1/- Q/r', L , ea 015— tDr- 1 DS: ;mue, 00 /07,000,60 /KO 5�: DRAW NUMBER DATE (Sequentially with 1) (Month & Year) 12 13 14 15 16 k)r)€cO) Aosus4- a 0 I S AMOUNT Rog, --~7)o .> 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 IPIII A. TOTAL OF DRAWS: 2