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Home My Public Portal AboutTybee mineral license amdmt 1 (4-9-08) FINAL FIRST AMENDMENT TO THAT CERTAIN NON-EXCLUSIVE INTERGOVERNMENTAL MINERAL LICENSE FOR TYBEE ISLAND BEACH RENOURISHMENT PROJECT This FIRST AMENDMENT (hereinafter the “First Amendment”) to that certain June 4, 1999, Non-Exclusive Intergovernmental Mineral License by and between the State of Georgia, acting by and through its State Properties Commission and the City of Tybee Island (hereinafter the “Agreement”), entered into this ____ day of _____________, 2008, by and between the STATE OF GEORGIA, acting by and through its State Properties Commission (“State”), and THE CITY OF TYBEE ISLAND, a municipal corporation of the State of Georgia (“City”). W I T N E S S E T H: WHEREAS, pursuant to the Intergovernmental Contract Provisions of the Georgia Constitution, Article IX, Section III, Paragraph I, 1983, the parties entered into the Agreement for the Tybee Island Beach Renourishment Project (“Project”) whereby the State granted the City a non-exclusive mineral license (inadvertently referred to as a Lease) for the purpose of removing and mining sand from certain waterbottoms within the three-mile limit in the Atlantic Ocean adjacent to Tybee Island, Georgia; and WHEREAS, the City underestimated the sand volume required for the Project and therefore, the parties desire to expand the area in which the City is permitted to remove and mine sand from the waterbottoms; and WHEREAS, this First Amendment to the Agreement was duly approved by the State Properties Commission on _____________________________. NOW, THEREFORE, for and in consideration of the mutual public good, the benefit of the parties and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. The Agreement is amended by deleting the words “Lessor” and “Lessee” wherever they may appear and substituting the word “State” or “City,” respectively. II. Paragraph 2 of the Agreement is amended by deleting the word “rent” and substituting the words “license fee” so that the Paragraph provides as follows: 2. “The license fee for the Term of this Agreement is Ten ($10.00) Dollars, payable upon execution of this Agreement.” III. Paragraph 4 of the Agreement is amended by deleting the entire Paragraph and substituting the following: 4. “Mining and removal (hereinafter referred to as “dredging”) of sand for the sole purpose of beach renourishment on Tybee Island may be accomplished by dragline, by hydraulic or mechanical dredge, or by any combination of these (said methods hereinafter collectively referred to as “dredge”) so long as the work is pursued in a workmanlike manner so as to comply at all times with and so as not to violate applicable water quality standards. The City specifically agrees that any dredging as well as any construction or dismantling undertaken incident to any dredging conducted pursuant to this Agreement, will incorporate such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the State or the United States. All equipment and materials used in the process of, or in support of, dredging shall be removed at the conclusion of each dredging cycle. The City shall not dredge sand volumes that exceed 1.8 million cubic yards per dredging cycle.” IV. AMENDMENT TO EXHIBITS (i) The Agreement is amended by deleting, in their entirety, the legal description and graphic project description contained in Exhibits "A" and “B,” respectively, attached thereto and are replaced respectively by a revised legal description and graphic project description attached hereto as Exhibits "A" and “B” and incorporated by this reference. (ii) The Agreement is amended by deleting Exhibit “C” attached thereto relating to and it is hereby rescinded. V. MODIFICATIONS This First Amendment modifies the Agreement as expressly stated herein. Except as modified by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. No further amendment or modification of the Agreement shall be valid or binding unless made in writing and properly executed by the respective party’s duly authorized officer(s). VI. COUNTERPARTS This First Amendment may be executed in two (2) counterparts which are separately numbered but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed, sealed and delivered on the day, month and year first above written. STATE OF GEORGIA, acting by and through its State Properties Commission By: ______________________________________ SONNY PERDUE, Governor, As Chairman of the State Properties Commission Attest: ____________________________________ STEVE L. STANCIL, Executive Director of the State Properties Commission (Seal of the State of Georgia Affixed here) (State Properties Commission Seal Affixed here) Approved: ____________________________________ NOEL HOLCOMB, Commissioner Department of Natural Resources Signed, sealed and delivered in our presence: ________________________________ Unofficial Witness ________________________________ Official Witness, Notary Public My Commission Expires ____________________ (Notary Public Seal Affixed Here) CITY OF TYBEE ISLAND By: ________________________________ Name: _____________________________ Title: ______________________________ Attest:______________________________ Name:______________________________ Title:_______________________________ Signed, sealed and delivered in our presence: ________________________________ Unofficial Witness ________________________________ Official Witness, Notary Public My Commission Expires ____________________ (Notary Public Seal Affixed Here)