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Home My WebLink About2019-08-27 Meeting Minutes Public Service Committee Meeting Commission Chamber - 8/27/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. PUBLIC SERVICES 1. Approve an ordinance to correct a clerical error and amend Augusta, Georgia Code Section 6-6-45 License to Operate Arcades so as to define ‘Arcade’ as it was adopted by the Augusta Commission on February 15, 2011, under Ordinance No. 7232; and waive the second reading. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 2. Motion to approve FAA AIP Grant 3-13-001-043-2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes 3. Motion to approve the minutes of the Public Services Committee held on August 13, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes 4. Discuss Memorandum of Understanding with Augusta and the public art agency, the Greater Augusta Arts Council (GAAC), regarding implementation of three Gateway Sculptures, with the first to be located at the corner of Riverwatch Parkway and Alexander Drive. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve having the next sculpture placed at the gateway at Sand Bar Ferry Road with the exact location to be defined. Motion Passes 4-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 5. Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes 6. Motion to approve the Second Amendment to the Hall Marketing Contract for a 60 day extension. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner John Clarke Passes www.augustaga.gov Public Service Committee Meeting 8/27/2019 1:00 PM Attendance 8/27/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ORDINANCE NO. ___________________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTION 6-6-45 SO AS TO PROVIDE A REVISION TO THE DEFINITION OF ARCADE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THE AUGUSTA, GEORGIA COMMISSION ORDAINS AS FOLLOWS: Section 1. Augusta, Georgia Code § 6-6-45 (a) (3) is hereby amended by striking said section in its entirety, and substituting in lieu thereof the following, to-wit: (3) Arcade. "Arcade" means any location where three or more bona fide coin-operated amusement machines are operated which permit non-cash redemption as provided in O.C.G.A. § 16-12-35, or a location where ten or more bona fide coin-operated amusement machines are located, whether or not non-cash redemption for any machine is allowed. Pursuant to Chapter 17 of Title 48 of the Official Code of Georgia Annotated, specifically Section 48-17-15 (b) (2), a business owner or business operator, as defined by Section 48-17-1 (2.1), may provide more than nine (9) Class B bona fide coin operated amusement machines, as defined in Sections 48-17-1 (2) and (2.3), in a Business location, as defined in Section 48-17-15 (2); provided, however, that these Class B bona fide coin operated amusement machines meet the following criteria: (i) it rewards the player or players with tickets, tokens, or other non-cash representations of value redeemable for merchandise prizes; (ii) the outcome of the game involves some skill in its operation; (iii) the award of tickets, tokens or other non-cash representations of value is based solely on the players achieving the object of the game or player’s score; (iv) only merchandise prizes are awarded; (v) the average wholesale value of the prizes awarded in lieu of tickets or tokens for a single play of the machine does not exceed Five Dollars ($5.00); and (vi) the redemption value of each ticket, token or other non-cash representation of value that may be accumulated by a player or players to redeem prizes of greater value does not exceed the cost of a single play of the machine. Section 2. This ordinance amendment shall become effective upon its adoption in accordance with applicable laws. Section 3. All ordinance or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. _____________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Public Service Committee Meeting 8/27/2019 1:00 PM Arcade Ordinance Department:Planning & Development Presenter:Rob Sherman Caption:Approve an ordinance to correct a clerical error and amend Augusta, Georgia Code Section 6-6-45 License to Operate Arcades so as to define ‘Arcade’ as it was adopted by the Augusta Commission on February 15, 2011, under Ordinance No. 7232; and waive the second reading. Background:The Arcade Ordinance was amended on February 15, 2011 to update the definition of ‘arcade’ to be consistent with a then recently passed Senate Bill 454 (Ordinance # 7232). On November 15, 2011, several sections of Augusta-Richmond County code Title 6 Chapter 6 were amended in order to abolish the former License and Inspection Department and create the Planning and Development Department (Ordinance No. 7307). One of the code sections included in this amendment was the Arcade Ordinance, however it did not include the correct definition of arcade. Analysis:The approval of this amendment will correct a clerical error that caused the definition of arcade to be incorrect. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 8/27/2019 1:00 PM Grant Offer FAA Augusta Regional Airport Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve FAA AIP Grant 3-13-001-043-2019. Background:FAA GRANT FOR: AIR CARRIER and GA APRON PAVEMENT PHASE 3 REHABILITATION – DESIGN BAGGAGE HANDLING SYSTEM REPLACEMENT – DESIGN TAXIWAY C REHAB – DESIGN AND CONSTRUCT DBE PLAN UPDATE Analysis:The FAA has agreed to fund part of the above titled projects at 90% with a grant for $927,767.00. The Augusta Aviation Commission Approved the Acceptance of the Grant pending downtown approval on July 31, 2019. Financial Impact:$927,767.00 Grant Alternatives:To Deny Recommendation:The Augusta Aviation Commission requests the Augusta Commission accept the FAA Grant for $927,767.00 Funds are Available in the Following Accounts: Budgeted in org key: 551081301 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - Bll3l20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke, member. Absent: Hon. Fennoy, member. PUBLIC SERVICES 1. Existing Location: A.N. 19-29: A request by Brenda Thorington for an on Item premise consumption Beer License to be used in connection with PizzaHut Action: #2020 located at 613 l5th St. There will be Sunday Sales. District 1. Rescheduled Super District 9. Motions fr'J:"' Motion rext Made By Seconded By Motion Result Motion to refer this item to the full DeferCommissionwithnoCommissionerCommissioner recommendation. Ben Hasan J"h; ai;rk. Passes Motion Passes 3-0. 2. New Location: A.N. 19-28: A request by Heather C. Thompson for an on Item premise consumption Liquor, Beer & Wine License to be used in connection Action: with Cantina Locale located at 2803 Wrightsboro Rd Ste. 20A. There will be Approved Sunday Sales. District 3. Super District 10. Motions Motion Type Approve Motion Text Motion to approve. Made By Commissioner John Clarke Seconded By Commissioner Ben Hasan Motion Result Passes Motion Passes 3-0. Existing Location: A.N. 19-30: A request by Tasneem Hassan Jamil for a ltem retail package Wine License to be used in connection with H & S Wine & Action: Spirits located at 3150 Wrightsboro Rd. Ste. B. District 2. Super District 9. Approved 4. Discussion: A request by Raven Y. Hargrove for a Massage Operator's Item License to be used in connection with Live Life Relaxing Massage Therapy Action: located at3540 Wheeler RD Ste. 314. District 3. Super District 10. Approved Motions f#:"' Motion rext Made Bv Motion to ^ aDDrove.APProve rurotion passes 3-0. Motions il,',[" Motion Text Seconded By Motion Result Commissioner Commissioner Ben Hasan John Clarke Passes Made By Seconded By Htjii Motion to approve ^ with the correction of Commissioner CommissionerApprove the name to Hargrave. Ben Hasan l"rm cr"rr.. Passes Motion Passes 3-0. Motion to approve the 2019 Convention and Visitors Bureau Tourism Grant ltem Agreement for Special Events. Action: Approved Motions r#:"" Motion rext Made Bv Motion to ^ aDDrove.APProve uotion passes 3-0. Seconded By Motion Result Commissioner Commissioner John Clarke Ben Hasan Passes Motion to approve the Memorandum of Understanding with Augusta and the ltem public art agency, the Greater Augusta Arts Council (GAAC), regarding Action: None implementation of three Gateway Sculptures, with the first to be located at the corner of Riverwatch Parkway and Alexander Drive. Motions Motion Motion- ------ Motion Text Made By Seconded Bylype - ------ -'t ----'---- -'t Result Motion to approve Commissioner CommissionerApprove recervlng tnls ltem asinformation. John Clarke Ben Hasan No action is taken on this motion due to the passage of the substitute motion. Motions X:11" Motion Text Made By seconded By Motion't'ype - ---- -'t *-------- -J Result Substitute motion to refer this item to the full Approve commission with no commissioner commissioner recommendation. Ben Hasan John Clarke Passes Motion Passes 3-0. 7. Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park Item with the United States Army. Action: Approved Motions X:jl" Motion Text Made By seconded By Motion'lype - ----- -'t --------- -r Result Motion to approve h^r^+^ deleting this item Commissioner CommissionerLrelete n -- .,1 -- r_ ; ,----;;--,----- :---;;--------- Passesfrom the agenda. John Clarke Ben Hasan Motion Passes 3-0. 8. Discuss MOU operational agreements with the various outside agencies Item relative to Augusta Recreation Facilities. (Requested by Commissioner Action: Marion Williams) epproved Motions Motion f,r 4:^_ ,Tr^__a f,f,_ r h d Motion;--'"- Motion Text Made By Seconded ByI yPe - ---- -'t Result Approve Motion to approve Commissioner Commissioner Passes receiving this item as Ben Hasan John Clarke information. Motion Passes 3-0. 9. Motion to approve Bid Item # 19-217 Downtown Landscaping Improvement Item Project to Jacobs Landscaping in the amount of $27,650. Action: Approved Motions f#:"' Motion Text Made By Seconded By Motion to ^ aDDrove.APProve uotion passes 3-0. 10. Discuss Augusta Code Section 7-2-69 and other related code sections Item that address the accumulation of items and overgrowth of vegetation on Action: residential properties. (Requested by Commissioner Marion Williams) Approved Commissioner Commissioner John clarke Ben Hasan Passes Made By Seconded By Commissioner John Clarke Motion Result Motion Result Passes Motions f#:"' Motion rext Motion to approve A -^-^-.^ receiving this item as CommissionerAPProve information. Ben Hasan Motion Passes 3-0. 11. A motion to approve the purchase of Seventeen (17) New Bus Shelters from Item Austin Mohawk and Company,LLC. Action: Approved Motions Motion Type Approve 3-0. 12. Motion to approve the minutes of the Public Services Committee held on July 30, 2019. Motions Item Action: Approved Motion Text Made By Motion toapprove. Commissioner Motion Passes John Clarke Commissioner Ben Hasan Motion Result Passes Motion Type Approve Motion Text Motion to approve. Motion Passes 3-0. Made By Seconded By Motion Result Commissioner John Clarke Commissioner Ben Hasan www.auqustaga.qov Public Service Committee Meeting 8/27/2019 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on August 13, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Memorandum of Understanding Between Augusta, Georgia 535 Telfair Street Augusta, GA 30901 (Hereinafter “the Commission”) And The Greater Augusta Arts Council 1301 Greene Street Augusta, GA 30904 (Hereinafter “the Council”) This Memorandum of Understanding (“MOU”) is made on this ____ day of ______________, 2019, by and between the Commission and the Council for the purpose of planning, executing and managing the installation of Gateway Sculptures. WHEREAS, the Commission and the Council recognize the need that additional effort be spent on the development and establishment of public art projects within the geographic area of Augusta to engage in cultural enrichment activities, including traditionally underserved areas; and WHEREAS, the Commission and the Council desire to enter into this Memorandum of Understanding in which the Parties will work together to create and manage the procurement and installation of the Gateway Sculptures; NOW, THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the Parties agree as follows: 1. PURPOSE The purpose of this Memorandum is to provide the framework for the understanding and cooperation between the Commission and the Council to plan, create, develop, manage and establish the Gateway Sculptures. The Gateway Sculptures will elevate the arts in the community and support economic development efforts already underway. The process of procuring the sculptures will increase the visibility of Augusta on the national arts scene, and help bring additional arts investments to the city. The community engagement central to the development and installation of the artworks will promote the abilities of Augusta’s local artists so that they may better compete for these opportunities at home and abroad. The installed sculptures will become icons that enrich the Augusta landscape and local culture. 2. THE GATEWAY SCULPTURES Three monumental sculptures will be custom designed and installed by nationally renowned artists at key entry points to the City. The artists will be selected through a competitive process that prioritizes proven experience with the construction process of large sculptures and aesthetics that celebrate the unique sense of place available in Augusta. The sites will be identified along key transportation corridors with the assistance of Georgia Department of Transportation. The design process will include events to engage the community and provide a sense of ownership in this public artwork. The construction process will be informed by Georgia Department of Transportation as well as key Augusta, GA departments, such as Engineering. 3. OBLIGATIONS OF THE PARTIES The Parties acknowledge that a joint project is created between them by this Memorandum and both agree to work together to ensure united, visible and responsive leadership and to provide adequate administrative and managerial resources for the success of the Gateway Sculptures. The parties will work closely together to succeed in their joint venture. a. Services to be rendered by the Commission include: I. Funding - The Commission has approved $1,000,000 for Gateway Sculptures in the 2017 SPLOST. The project budget is provided in schedule A. II. Procurement – Augusta, GA will lead the procurement of the sculptures. III. Final Approval - The Commission will, based on and in consideration of recommendations made by the Council, decide on final sculpture plans, locations, and/or designs before implementation and/or installations. IV. Ownership and Maintenance – Upon completion, the sculptures will be the property and responsibility of Augusta, GA for the purpose of public display and cultural enrichment. b. Services to be rendered by the Council include: I. Administration – The Council will coordinate tasks and timelines to ensure successful installation of three (3) Gateway Sculptures in accordance with the Augusta Public Art Master Plan. II. Marketing - The Council will utilize appropriate marketing channels to promote the sculptures and all associated events. This includes but is not limited to the prescreening of artist apprentices, and the development and implementation of events highlighting sculptures. III. Coordination – The Council will coordinate the various parties involved in the successful completion of this project, including but not limited to the public, press, artists, local art community, GADOT, and any other stakeholder or participant. This process will be facilitated by the Augusta Recreation and Parks Department. 5. INDEMINIFICATION Each party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employee, deputies, officers, or agents, in connection with performing any obligations and/or responsibilities under this MOU. For liability purposes, neither party shall be considered the agent of the other party. 6. TERM / PROJECT DURATION This MOU is at-will and may be modified in writing by mutual consent of authorized officials from the Commission and the Council. This MOU shall become effective upon signature by the authorized officials from the Commission and the Council and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Commission and the Council, this MOU shall end 60 calendar days after a written notice to the other party has been provided by one party. 7. NOTICE Any notice or communication required or permitted under this Memorandum is sufficient if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished the other in writing. 8. GOVERNING LAW This Memorandum shall be construed in accordance with the laws of the State of Georgia. 9. ASSIGNMENT / TRANSFER OF RESPONSIBILITIES Neither party may assign or transfer the responsibilities under this Memorandum without the prior written consent of the non-assigning party. 10. SEVERABILITY If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 11, NO THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. 12. PRIOR MEMORANDUM SUPERSEDED This Memorandum constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Memorandums, whether written or oral. 13. UNDERSTANDING It is mutually agreed upon and understood by and among the Parties of this Memorandum that: a. The Parties will work together in a coordinated fashion for the fulfilment of this joint venture. b. In no way does this Memorandum restrict the Parties from participating in similar agreements with other public or private agencies, organizations, and individuals. c. To the extent possible and reasonable, both Parties will participate in the development of this joint project. 14. SIGNATORIES This Memorandum is executed the day and year first above written on behalf of Augusta-Richmond county Commission by its duly authorized officials Mayor Hardie Davis, Jr. and its Clerk of Commission and on behalf of the Greater Augusta Arts Council by (enter names and titles here). AGREED TO BY: AUGUSTA, GEORGIA By: _________________________ Hardie Davis, Jr., Mayor Date: _________________________ Attest: _______________________________ Lena J. Bonner, Clerk of Commission The Greater Augusta Arts Council By: __________________________ Date: _____________________________ Project Budget Schedule A Description Quantity Amount Total Gateway Sculptures 3 225,000 675,000 Secondary Gateway Sculptures 1 173,000 173,000 Maquette Purchase 3 9,000 27,000 Administrative 1 50,000 50,000 Project Implementation & Marketing 1 75,000 75,000 Total 1,000,000 Public Service Committee Meeting 8/27/2019 1:00 PM MOU with Greater Augusta Arts Council to Administer Gateway Sculpture Project. Department:Recreation and Parks Department Presenter: Caption:Discuss Memorandum of Understanding with Augusta and the public art agency, the Greater Augusta Arts Council (GAAC), regarding implementation of three Gateway Sculptures, with the first to be located at the corner of Riverwatch Parkway and Alexander Drive. (Requested by Commissioner Marion Williams) Background:The purpose of this proposed Memorandum of Understanding (MOU) is to provide the framework for cooperation between the Commission and the Council to plan and implement three unique (3) Gateway Sculptures and one (1) secondary sculpture at key locations, primarily located in state right-of-ways, selected with guidance from Georgia Department of Transportation. GAAC will coordinate among the various involved parties, including the Procurement Department, to accomplish the solicitation, selection, marketing, and permitting needed to complete these large public works of art. Analysis:This project helps to generate a public art collection in Augusta. This MOU would be the first for the GAAC, and it is modeled after an MOU between the Commission and the Convention and Visitor’s Bureau. This agreement would enable the GAAC to play a more active role in managing the funds and implementation for this project, with support from the staff involved with the Public Advisory Arts Panel and specifically the Recreation and Parks Department. Financial Impact:The Commission has previously approved $1,000,000 for a Public Arts Sculpture Festival in SPLOST 7 referendum. This MOU would allow the GAAC to manage $50,000 of that amount to cover GAAC’s administrative costs, and $75,000 to cover implementation to cover marketing, solicitation, and incidentals related to site preparation and clearing, selection, and public engagement. Alternatives:1. To Approve 2. Move No Action thus delaying this important community art project. Recommendation:1. Approve the Memorandum of Understanding with the Greater Augusta Arts Council in the amount of $50,000 for Administrative costs and $75,000 for implementation costs for a total of $125,000 for the implementation of the Gateway Sculpture Project. Funds are Available in the Following Accounts: SPLOST VII 329064310 216067901 REVIEWED AND APPROVED BY: DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401-3604 February 26, 2019 Real Estate Division Augusta, Georgia, Office of the Mayor Attention: Mr. Hardie Davis Jr., Mayor 535 Telfair Street Augusta, Georgia 30901 Dear Mayor Davis: I am enclosing three (3) copies of proposed Lease No. DACW21-1-19-0028, granting The City of Augusta Recreation and Parks Department the continued authority use, operate, and maintain 50 acres more or less of Government land for park and recreational purposes at J. Strom Thurmond Project Richmond, County, Georgia. If the proposed document is satisfactory, please have the appropriate official of your organization date and sign all three copies of the proposed Lease. Have another official of your organization complete, date and sign all three copies of the Certificate of Authority. Return all three copies to: US Army Corps of Engineers, Savannah District, Attention: Real Estate Division, RE-M (Simpson), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. An executed copy will be returned for your records. Should you have any questions, please contact me at (912) 652-5930. Sincerely, Sara Simpson Realty Specialist Management & Disposal Branch Enclosures Lease No. DACW21-1-19-0028 1 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PARK AND RECREATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM J. STROM THURMOND PROJECT RICHMOND COUNTYGEORGIA THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and; Augusta, Georgia , hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit “A”, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby Lease for a term of Ten (10) years, beginning December 8, 2018 and ending December 7, 2028. 2. CONSIDERATION The consideration for this Lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this Lease shall be addressed, if to the Lessee, to Augusta, Georgia 2027 Lumpkin Road, Post Office Box 5605 Augusta, Georgia 30906, and if to the United States, to the Real Estate Contracting Officer, Attention: Chief, Real Estate Division, RE-M (Lease No. DACW21-1-19-0028), US Army Engineer District, Savannah District, 100 West Oglethorpe Avenue, Savannah, Georgia, 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. Lease No. DACW21-1-19-0028 2 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army", "Real Estate Contracting Officer" or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include assignees, transferees, successors and their duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit “B” which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than May 31st of each year the Lessee will submit the annual Plan to be mutually agreed on between the Lessee and the Real Estate Contracting Officer. Such annul Plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. The use and occupation of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer. During the term of the lease, the Real Estate Contracting Officer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURE AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, not Lease No. DACW21-1-19-0028 3 structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the Real Estate Contracting Officer. The Real Estate Contracting Officer may require the Figure 8-C-2 Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable federal laws and regulations and with all applicable laws, ordinances and regulations of the state, county and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Americans with Disabilities Act, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is Lease without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs or additions thereto attached as Exhibit “C”. 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on development plans either directly or through subleases or concession agreements that have been reviewed and accepted by the Real Estate Contracting Officer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the Real Estate Contracting Officer. The Lease will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of subleasees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS AND ASSIGNMENTS a. Without prior written approval of said officer the Lessee shall neither transfer nor assign this Lease nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this Lease. Failure to comply with this condition shall constitute a noncompliance for which the Lease may be revoked immediately by said officer. Lease No. DACW21-1-19-0028 4 b. The Lessee will not sponsor or participate in timeshare ownership of any structure, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for use of the premises or facilities constructed thereon. The said officer shall have the right to review such fees and require an increase or reduction when it is determined that the objectives of this Lease have been violated. However, no user fees may be charged by the Lessee for use of facilities developed in whole or in part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. All monies received by the Lessee from operations conducted on the premises must be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Any such monies not so utilized or programmed for use within a reasonable time shall be paid to said officer at the end of each 5 year period. The Lessee shall furnish annual statements of receipts and expenditures to said officer. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the Real Estate Contracting Officer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the Real Estate Contracting Officer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The Real Estate Contracting Officer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub- lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the Real Estate Contracting Officer with the results of such an audit. Lease No. DACW21-1-19-0028 5 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the Real Estate Contracting Officer, or at the election of the Real Estate Contracting Officer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Real Estate Contracting Officer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the Real Estate Contracting Officer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $1,000,000.00 whichever is greater, for any number of parsons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the Real Estate Contracting Officer a copy of the policy or policies, or, if acceptable to the Real Estate Contracting Officer, certificates of insurance evidencing the purchase of such insurance. The Real Estate Contracting Officer shall have the right to review and revise the amount of minimum liability insurance required. Lease No. DACW21-1-19-0028 6 b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the Real Estate Contracting Officer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self-insurance in writing in the minimum amount specified above to the Real Estate Contracting Officer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The Real Estate Contracting Officer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this Lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to said officer. If, however, this Lease is revoked, the Lessee shall vacate the premises, remove said property, and restore the premises to the aforesaid condition within such time as said officer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, said property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this Lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the Lease premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this Lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, subleassees and assignees. Lease No. DACW21-1-19-0028 7 19. SUBJECT TO EASEMENTS This Lease is subject to all existing easements, or those subsequently granted, as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and the easements will not be granted which will, in the opinion of said officer, interfere with the use of the premises by the Lessee. 20. SUBJECT TO MINERAL INTERESTS This Lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral Leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development on federal lands. The Secretary will provide Lease stipulations to BLM for inclusion in said mineral Leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local law. 21. COMPLIANCE, CLOSURE, REVOCATION, AND RELINQUISHMENT a. The Lessee and/or any subleassees or licensees are charged at all times with full knowledge of all the limitations and requirements of this Lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by said officer. This Lease may be revoked in the event the Lessee violates any of its terms and conditions and continues and persists in such non-compliance. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the Lease, after notice in writing of such intent. Decisions by the said officer concerning future requests by the Lessee to extend the Lease, expand the premises, modify authorized activities, or assign the Lease shall reflect the Lessee's past performance and compliance with the Lease terms. b. This Lease may be relinquished by the Lessee by giving thirty (30) days prior written notice to said officer in the manner prescribed in the condition on NOTICES. 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary and safe condition by and at the expense of the Lessee. b. In addition to the right of revocation for non-compliance previously stated, said officer, upon discovery of any hazardous condition on the premises that present an immediate threat to health or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed until such condition is corrected and the danger eliminated. If the condition is not corrected said officer will have the option to (1) correct the Lease No. DACW21-1-19-0028 8 hazardous condition and collect the cost of repairs from the Lessee, or (2) revoke the Lease. The Lessee shall have no claim for damages against the United States, or any officer, agent or employee thereof on account of action pursuant to this condition. 23. PUBLIC USE The Lessee shall not forbid the full use by the public of the water areas of the project, subject however, to the authority and responsibility of the Lessee to carry out its responsibilities under this Lease to manage the premises and provide safety and security to the facility users. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. The Real Estate Contracting Officer may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. In accordance with state and local laws and regulations, the Lessee may store, or dispense, or permit the storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises for members of the Lessee organization and their guests. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the condition on DEVELOPMENT AND MANAGEMENT PLANS. The Lessee may salvage fallen or dead timber on the Lease premises for use as firewood only. All sales of timber or forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this Lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. Sections 7101- 7109) (the Act), all disputes arising under or relating to this Lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim Lease No. DACW21-1-19-0028 9 arising under this Lease, unlike a claim relating to this Lease, is a claim that can be resolved under a Lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. The routine request for rental payment that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the Lease adjustment for which the Lessee believes the Government is liable. (3) (i) If the Lessee is an individual, the certificate shall be executed by that individual. (ii) If the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. Lease No. DACW21-1-19-0028 10 g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the Lease, pending final resolution of any request for relief, claim or action arising under the Lease, and comply with any decision of said officer. 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this Lease shall protect the project against pollution of its air, ground and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the Lease area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or by any federal, state, interstate or local governmental agency, are hereby made a condition of this Lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 28. RECORD OF ENVIRONMENTAL CONSIDERATION A Record of Environmental Consideration (REC) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit "D". Upon expiration, revocation or relinquishment of this Lease another REC shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. Lease No. DACW21-1-19-0028 11 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbances until said officer gives clearance to proceed. 30. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the Lessee during the term of this Lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by said officer. 31. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes if authorized by said officer. 31. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this Lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bon fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach of violation of this warranty, the United States shall have the right to annul this Lease without liability or, in its discretion, to require the Lessee to pay, in addition to the Lease rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retailed to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or Lease No. DACW21-1-19-0028 12 consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this Lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this Lease is for the general benefit of such corporation or company. 34. MODIFICATIONS This Lease contains the entire agreement between the parties hereto, and no modification of this Lease, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as other conditions of this Lease. 35. DISCLAIMER This Lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this Lease does not preclude the necessity of obtaining any Department of the Army permit for activities which involve the discharge of dredge or fill material or placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344). 36. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13658 (1) Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order, and the following provisions. (b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658. (2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under Lease No. DACW21-1-19-0028 13 section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract. (3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly. (4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. (5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage. (c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52. Lease No. DACW21-1-19-0028 14 (e) The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof. (f) Nothing herein shall relieve the contractor of any other obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker. (g) Payroll Records. (1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and social security number. (ii) The worker's occupation(s) or classification(s) (iii) The rate or rates of wages paid. (iv) The number of daily and weekly hours worked by each worker. (v) Any deductions made; and (vi) Total wages paid. (2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours. (5) Nothing in this clause limits or otherwise modifies the contractor's payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law. Lease No. DACW21-1-19-0028 15 (h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658. To utilize this proviso: (1) The employer must inform the tipped employee in advance of the use of the tip credit; (2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by which the employee's wages will be considered increased on account of the tip credit; (3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and (4) The employer must be able to show by records that the tipped employee receives at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit. (k) Antiretaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR part 10, or has testified or is about to testify in any such proceeding. Lease No. DACW21-1-19-0028 16 (l) Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives. (m) Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis-Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (n) If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 37. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13706 Any reference in this section to “prime contractor” or “contractor” shall mean Augusta, Georgia and any reference to “contract” shall refer to Lease No. DACW21-1-19-0028. (a) Executive Order 13706. This contract is subject to Executive Order 13706, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following provisions. (b) Paid sick leave. (1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship that may be alleged to exist between the contractor and employee, to Lease No. DACW21-1-19-0028 17 earn not less than 1 hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract. (2) The contractor shall provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken. (3) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the requirements of Executive Order 13706, 29 CFR part 13, and this clause. (c) Withholding. The contracting officer shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13, or this clause, including any pay and/or benefits denied or lost by reason of the violation; other actual monetary losses sustained as a direct result of the violation, and liquidated damages. (d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (e) The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is in addition to a contractor's obligations under the Service Contract Act and Davis- Bacon Act, and a contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and 29 CFR part 13. (f) Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under Executive Order 13706 and 29 CFR part 13. Lease No. DACW21-1-19-0028 18 (g) Recordkeeping. (1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13 must make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the information specified in paragraphs (i) through (xv) of this section for each employee and shall make them available for inspection, copying, and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and Social Security number of each employee; (ii) The employee's occupation(s) or classification(s); (iii) The rate or rates of wages paid (including all pay and benefits provided); (iv) The number of daily and weekly hours worked; (v) Any deductions made; (vi) The total wages paid (including all pay and benefits provided) each pay period; (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2); (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests; (ix) Dates and amounts of paid sick leave taken by employees (unless a contractor's paid time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part 13 as described in § 13.5(f)(5), leave must be designated in records as paid sick leave pursuant to Executive Order 13706); (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3); (xi) Any records reflecting the certification and documentation a contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee; (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave; (xiii) The relevant covered contract; (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave; and Lease No. DACW21-1-19-0028 19 (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve a contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) If a contractor wishes to distinguish between an employee's covered and non- covered work, the contractor must keep records or other proof reflecting such distinctions. Only if the contractor adequately segregates the employee's time will time spent on non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if that contractor adequately segregates the employee's time may a contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform non-covered work during the time she asked to use paid sick leave. (ii) If a contractor estimates covered hours worked by an employee who performs work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or, (iii) The contractor must keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. If a contractor estimates the amount of time an employee spends performing in connection with covered contracts, the contractor must permit the employee to use her paid sick leave during any work time for the contractor. (3) In the event a contractor is not obligated by the Service Contract Act, the Davis- Bacon Act, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the FLSA's minimum wage and overtime requirements, and the contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the requirement in paragraph (1)(d) of this section to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of Executive Order 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents must also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR Lease No. DACW21-1-19-0028 20 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the contractor's recordkeeping obligations, if any, under the Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations, or any other applicable law. (h) The contractor (as defined in 29 CFR 13.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. (i) Certification of Eligibility. (1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts currently maintained on the System for Award Management Web site, http://www.SAM.gov. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (j) Interference/Discrimination. (1) A contractor may not in any manner interfere with an employee's accrual or use of paid sick leave as required by Executive Order 13706 or 29 CFR part 13. Interference includes, but is not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee from using paid sick leave, reducing an employee's accrued paid sick leave by more than the amount of such leave used, transferring an employee to work on non- covered contracts to prevent the accrual or use of paid sick leave, disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave, or making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the contractor's operational needs. Lease No. DACW21-1-19-0028 21 (2) A contractor may not discharge or in any other manner discriminate against any employee for: (i) Using, or attempting to use, paid sick leave as provided for under Executive Order 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under Executive Order 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under Executive Order 13706 and 29 CFR part 13; or (iv) Informing any other person about his or her rights under Executive Order 13706 and 29 CFR part 13. (k) Waiver. Employees cannot waive, nor may contractors induce employees to waive, their rights under Executive Order 13706, 29 CFR part 13, or this clause. (l) Notice. The contractor must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (m) Disputes concerning labor standards. Disputes related to the application of Executive Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Lease No. DACW21-1-19-0028 22 37. SPECIAL CONDITIONS a. This Lease supersedes Lease No. DACW21-1-09-2013 which was granted to AUGUSTA GEORGIA for ten (10) years term beginning December 8, 2009 and ending December 7, 2018. b. Augusta, Georgia is granted the park and a section of the concrete up to the lock chamber. The lock chamber and any associated operations of this facility have been removed from this agreement as the lock is no longer operational for safety reasons. The county will maintain all safety railings and foot grates adjacent to the lock chamber. All County tools and equipment will be removed from the lock and dam control building upon the execution of this document. {SIGNATURE PAGES FOLLOW} Lease No. DACW21-1-19-0028 23 IN THIS LEASE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the ARMY, this ________ day of______________________, 2019 _________________________________ ____________________________ Witness (1) ____________________________ Witness (2) STATE OF GEORGIA ) : ss COUNTY OF CHATHAM ) On this _______ day of _________________, 2019 before me the undersigned Notary Public, personally appeared Robert M. Jewell, Deputy Chief, Real Estate Division, U.S. Army Engineer District, Savannah, Georgia, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Lease No. DACW21-1-19-0028 24 THIS LEASE is also executed by the Lessee this _____ day of _______________, 2019 AUGUSTA, GEORGIA BY: _____________________________ TITLE: __________________________ ______________________________ Witness (1) ______________________________ Witness (2) STATE OF ________________) : ss COUNTY OF ______________) On this _______ day of _________________, 2019, before me the undersigned Notary Public, personally appeared ________________________________________, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. _________________________________ Notary Public My Commission Expires: ____________________ Lease No. DACW21-1-19-0028 25 CERTIFICATE OF AUTHORITY I ________________________ (name) certify that I am the _______________________ (title) of AUGUSTA, GEORGIA , that ____________________ (signator of outgrant) who signed the foregoing instrument on behalf of the Grantee was then ____________________ (title of signator of outgrant) of AUGUSTA, GEORGIA I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. AUGUSTA, GEORGIA Date: ________ ___________________________________ Clerk or Appropriate Official (AFFIX SEAL) Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community New Savannah Bluff Lock and Dam Lease No. DACW21-1-19-0028 (50.00 acres) 3900390195Feet . Ranger Rebecca Downey Date Created: 24 August 2018 Augusta-Richmond CountySavannah River Mile: 187.00 Unknown Legend Arc Sites NREG_RAT_D Property Boundary (Polygon) Arc Sites Buffer Cem_Not_Acq. Cemetery Cemetery- PE Cleared_NE Eligible Potentially Elig New Savannah Bluff Lock and Dam: Lease Area Augusta, GA Lease No. DACW21-1-19-0028 Exhibit "A" DACW21-1-19-0028 DACW21-1-19-0028 Exhibit "B" _____________ Renewal of Lease No. DACW21-1-09-2013 for New Savannah Bluff Lock and Dam, Augusta Richmond County, Thurmond Project. County intends to maintain the recreational use facilities for the public but turn over maintenance and operation of the Lock facility. County will maintain the entire park in addition to the large concrete platform adjacent to the Lock Chamber and be responsible for public safety by maintaining safety fencing, gates and foot grates. 7 December 2018 to 7 December 2028 9.k LARSEN.SHEILA. MARIE.15350562 90 Digitally signed by LARSEN.SHEILA.MARIE.1535056290DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LARSEN.SHEILA.MARIE.1535056290Date: 2018.09.26 07:54:01 -04'00' because this activity falls under renewal and minor amendments of existing real estate grants evidencing authority to use Government-owned real property. 26 September 2018 Lease No. DACW21-1-19-0028 Exhibit "D" JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY (ER 405-1-12) INSTRUCTIONS 1. If considered necessary, use a separate ENG Form 3143a for each room surveyed. 2. Additional sheets may be attached for physical characteristics of land and buildings: exterior and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general remarks not otherwise covered in section II of this form or on ENG Form 3143a. ADDED INSTRUCTIONS (Overprint, if desired) SECTION I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 2019-02-13 DACW21-1-19-0028 2019-01-01 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) Lease Renewal, Augusta-Richmond County 6,722 DESCRIPTION AND LOCATION OF PROPERTY Lease of the following property at the New Savannah Bluff Lock and Dam, Richmond County, GA: NSBA01, Entrance Sign NSBA02, Office, Hexagonal approx. 962 SF NSBA04, Information Board NSBBO1, Concrete Boat Ramp, 1 lane NSBC01/NSBCO2/NSBC03, 3 Comfort Stations, 336 SF each NSBC04, Comfort Station #4, 56 SF Pit Toilet NSBFOI/NSBF02, 726 LF of 7 Chain Link Fence; 700 LF of 4' and 5' Chain Link Fence NSBF03, Metal Double Entrance Gate, Security Light on Pole NSBMOI/NSBM02, Brick, Double Car Garage, 836 SF; Metal Garage, 390 SF MSBPO1/NSBP02, Asphalt Parking, 13,952 SY; Asphalt Road, approx. 0.75 miles, Bridge to Ramp w/Culverts NSBROI/NSBRO2/NSBRO3, 3 Picnic Shelters NSBSO1, NSBS02, Warehouse with Garage 3,200 SF; Pipe Storage Shed 189 SF NSBUO1/NSBU02, 2 Fish Cleaning Stations NSBW01, Well House 81 SF Other property includes a basketball court, 27 picnic sites with grills/ pads and tables, 8 covered picnic tables with slab, grills, tables JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY We, the undersigned, jointly made a survey and inspection of the condition of the property mentioned above. We agree that as of the date of survey, the condition of the property is as described herein. THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE NO. OF ATTACHMENTS SIDE OF THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. 1 NAME AND SIGNATURE OF fl OWNER NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE q LESSOR/. AGENT LESSEE Darrell Bennett Susan R. Boyd Parks Maintenance Supervisor Natural Resource Program Manager '....--..-1- 3tty( q. ADDRESS ORGANIZATION J. Strom Thurmond Dam and Lake Project Savannah District ENG FORM 3143, 1 JUN 1960 (Proponent: CERE-A) DACW21-1-19-0028 Exhibit "C" Page 1 of 10 SECTION II - EXTERIOR CONDITION OF THE PROPERTY (Attach sheet for added items.) ROOF, EAVES, DOWNSPOUTS, ETC Akt Yb11-4, ck. LO'fk CC( el' \ (J- L-Vi \ dbct-e_AACrN 0 i 15 - )1) C--OK —hal) (1_0\(..,— (,...n I.\ va-i..Y.CS., 5b rY1t.. Sik-A-^r--1 aft tAlfa-ita-slocc WALLS lys(V.ko.k- SVA:V0-1- — li,--c•-k,\, \/.-tt\i-) fe_o-i. OS/U(71 at_ iin L4arCI 5 . WINDOWS AND DOORS (Include storm windows and doors) Uin &LOS 6\ L.f. 1 ,1-61e,n C\10_1(kcid-if—cht), U-) 1 %. cove/ 4... N V- \.. boo-r-ck iv e. '‘.1_4. FENCING LAWN, SHRUBBERY, TREES AND PERENNIAL Lai_ Lcti...._Dy-\f-rt,ZAAr(A. 1( tOti&-A`- 11'11-:1t("1 4. \ct8IA''') (1;IL cer&coi- S \ekAad-,,,) ').tra_nk& ( vernoka -0 itd ucukcia--N.Shk. . WALKS AND DRIVEWAYS rest o_y„,„\e c>eirv.t. ( ca h Liz 1 4 nv2 et-et. 4 C, .c - tijoAV—wo-.-y rl s( (_,cric6..\-‘13-1,n GARAGE AND OUT BUILDINGS ',-W bilAtAill6() GtAt 3D 4- 1 Oi0-6 CC ; (6 ?-iits21( (-0-1 61-i--A;(7-ik.). VaY1 A ekt v's 4( (<.., 4.- frtuiLle, LE tkVICAalu,.rkl CliikkatitiA., ,(4.-bl ..1,.(1. LSC=S A:\rNI tk-lk-OCO — (6x6el k( 1\k-- U--bY V...i. ENTRANCES, ELEVATORS AND PAT US NO SEWAGE (1,UU-11 . c..()-i-Or . REMARKS (Include questioned or disputed items, repairs to be made, etc. Attach sheet, if necessary.) (Reverse of ENG FORM 3143) DACW21-1-19-0028 Exhibit "C" Page 2 of 10 Office Building -Hexagonal DACW21-1-19-0028 Exhibit "C" Page 3 of 10 Comfort Station #1 Comfort Station #2 DACW21-1-19-0028 Exhibit "C" Page 4 of 10 Comfort Station #3 Comfort Station #4 –Pit Toilet DACW21-1-19-0028 Exhibit "C" Page 5 of 10 Fish Cleaning Station #1 Fish Cleaning Station #2 DACW21-1-19-0028 Exhibit "C" Page 6 of 10 Picnic Shelter #1 Picnic Shelter #2 DACW21-1-19-0028 Exhibit "C" Page 7 of 10 Typical Covered Picnic SiteTypical Picnic Site Picnic Shelter #3 DACW21-1-19-0028 Exhibit "C" Page 8 of 10 Double Car Garage Metal Garage DACW21-1-19-0028 Exhibit "C" Page 9 of 10 Warehouse w/Garage DACW21-1-19-0028 Exhibit "C" Page 10 of 10 Public Service Committee Meeting 8/27/2019 1:00 PM New Savannah Bluff Lock and Dam Park Lease Department:Recreation and Parks Department Presenter:Ron Houck Caption:Motion to extend the Lease of the New Savannah Bluff Lock and Dam Park with the United States Army. Background:The current Lease Agreement between Augusta, Georgia and the United States Army expired in December of 2018. Augusta received notice on February 26, 2019. The Recreation and Parks Department received information in March and proceeded to review the documents. The agreement was forwarded to the Law Department for review. Upon their review it was sent back to the US Army Engineer District for revisions. The document came back into our hands in late July. Analysis:With the proposed lease No. DACW21-1-19-0028, this would grant the City of Augusta through the Department of Recreation and Parks the continued authority use to operate and maintain the 50 acres more or less of Government land for park and recreational purposes. The term of this extended lease would be for ten years and expire in December 2028. The structure of the lease has remained intact and is the same in content, minus some minor verbiage changes recommended by the Law Department. This has been fully vetted by staff, the Law Department and by the United States Army. Financial Impact:There is no additional cost associated with the extension of the lease. Through the Department’s operating budget for 2019, $66,180 was allocated for this park operation. Alternatives:1. To Approve 2. To Move No Action Recommendation:1. To Approve N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 8/27/2019 1:00 PM Second Amendment Hall Marketing Contract Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve the Second Amendment to the Hall Marketing Contract for a 60 day extension. Background:Airport staff solicited proposals for advertising agency services in April 2019. Responses to the solicitation were due May 30, 2019. Nine proposals were received and eight of the bidders were determined to be responsive. Augusta Richmond County Procurement staff and Airport staff have been going through the review and evaluation process. Due to scheduling conflicts for the proponent presentations and confusion by the proponents regarding the fee submittals, an agency selection has not yet been made. The Airport is in need of agency services. Since a new agency has not yet been selected, Airport Legal Counsel has recommended extending the Hall Marketing contract for an additional sixty-day period. Analysis:The Airport is in need of agency services. Since a new agency has not yet been selected, Airport Legal Counsel has recommended extending the Hall Marketing contract for an additional sixty-day period. Financial Impact:No added fee. Continuation of current contract for 60 additional days. Alternatives:To Deny Recommendation:Augusta Aviation Commission recommends approval of Second Amendment Hall Marketing Contract-60 day extension, which was approved on July 31, 2019 at the Augusta Aviation Commission. Enterprise Fund 551081111-5233111-Public Relations Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission