Emails, letters regarding the Coffee Bluff Marina

ihjavamiaftOFFICE OF CITY ATTORNEY

March 3, 2015

Mr. Eric Curl

Savannah Morning News

In re: Open Record Act Request of March 2, 2015

Dear Mr. Curl:

Your recent Open Record Act request seeking correspondence concerning GoldenMarina has been forwarded to me for a response. 1am enclosing responsive documentswhich have been Bates-stamped CITYOOOOOIORA to CITY000015ORA.

/lea

Enclosure

Cc: Mr. Bret Bell

Very truly yours.

JENNIFER N. HERMAN

ASSISTANT CITY ATTORNEY

P.O.Box 1027. 6 East Bay Street. Gamble Bldg.. 3rJFloor, Savannah.GA 31401912 525-3092 office 912 525-3267 fax jliertuaiEffsavannaliga.gov

Lois Adams

From: Jennifer HermanSent: Tuesday, January27,201511:23 AMTo: [email protected]: Joe Shearouse; LoisAdamsSubject: Golden Marina

HiTom-

To follow up our conversation last week, staff was unable tomeet at the marina as planned on Friday due totheweather. Iam preparing toleave the office for the rest ofthe week toattend Savannah-Chatham Day. Iwill be in touchnextweek with a response to Mr.Golden'sdemands.

Thanks.

-Jen

Jennifer N. HermanAssistant CityAttorneyCityof Savannah6 East Bay StreetGamble Building, 3rd FloorP.O. Box 1027Savannah, GA 31402

[email protected] (cell)

3/3/!5 city of Savannah Responsive Documentation to Open Record Request of 3/2/15 CITYC00001ORA

iui:i.au

February 12.2015

Golden Marina Enterprises14915 Coffee BlulT Road

Savannah. GA 31419

Thomas Ray Golden

123 Rose Dim WaySavannah. GA 31419

Re: Notice of I)elinqnenl Rent and I)emand to Cure ColTec Bluff Marina

Dear Mr. Golden:

The October 2014 Agreement between theCityandGolden Marina Enterprises ("GME")obligates GME to make monthly rental payments in the amount of$2,000. Rent isdueby the I5,h day ofeach month. (*.'6.l) To date. GME has failed to remit monthlypayments for December 2014 and January 2015. Accordingly, pursuant to Paragraph17.1. the City hereby notifies you of the $4,000 deficiency and demands that within tendays ofyour receipt of this letter GME pay all past due sums.

Failure tocure in full the rental deficiency will result in the City exereising itsrightspursuant to the Agreement and at law. which may include termination thereof, institutionofdispossessory proceedings and/or claims for monetary damages.

Very truly yours,

Jracph'C. ShearouseBureau Chief

cc: Stephanie S. Culler, City ManagerJennifer N. Herman. Asst. City Attorney

Thomas Mahoney HI. Esq.

P.O. UOX IOJ . SAVANNAH. CM W."-"

m«HI ifU.Jp.jS'j; ||.|.9I2.6$I.670J US 9t2.3fl.5S4S 5AYAKKAMCA.GOV

3/3/15 Cily ofSavannah Responsive Documentation to Open RecordRequest of 3/2/15 CITY000003ORA

THOMAS J. MAHONEY, JR. (OA&SC)

THOMAS J. MAHONEY HI

Mahoney & Mahoney, p.c.attorneys at law

110 Oglethorpe avenue East

Post Office box 786

Savannah. Georgia 31402

February 19:2015

Mr. Joseph C. ShearouseBureau Chief

City of Savannah Leisure Services BureauPost Office Box 1027Savannah. GA 31402

OFFICE OF THE

FEB 2 3 2015

CITY ATTORNEY

DENNIS PIERCE (1906-1979)

JOHN F. M. RANITZ, JR. (1922-1999)

Re: Your letter dated February 12, 2015

Dear Mr. Shearouse:

This is in response to your February 12 letter directed to Golden Marina Enterprisesand Thomas Ray Golden and in which you have stated that rent is due to the City ofSavannah in the amount $2,000.00 per month beginning December 1. 2014.

Golden Marina Enterprises, Inc. is prepared to pay rent at the agreed upon rate anddoes not wish to respond to the institution of litigation by the City in an effort to dispossessCaptain Golden and/or Golden Marina Enterprises from the Coffee Bluff Marina.

The problem in the Operator of the Marina paying rental without a functioningmarina seems to me to be like paying rent on a house that has the doors locked and entryprevented. Until wc can explore a resolution of existing issues, wc suggest there be amoratorium on rent charges or that the Operator place it into an escrow account.

Some of the items that are "open" and which make Coffee Bluff Marina a nonfunctioning marina were set forth in the letter given to you by Captain Golden at your lastmeeting, which you ended by stating it was now a legal matter.

Thereafter, I calledJennifer Herman and was assured by her that the City wouldrespond with its position to thepoints raised in Ray Goldcn's letter. 1have since calledMrs. Herman a number of times only to be told she was out of the office and I have left myname and number, but to date, have received no return call or response to the items whichwere raised in Captain Goldcn's letter.

3/3/15

TELEPHONE(012) 233-7061 ♦ Facsimile (91a) 349-2248 ♦ www.ranitzlaw.comCity ofSavannah Responsive Documentation toOpen Record Request of3/2/15 CITY000004ORA

Mr. Joseph C. Shearouse• . BureauChief February 19,2015

You and other persons within your Department and within the City ofSavannah arewell aware ofthe feet that the Goldens have invested personal funds into the rebirth and"beautiful facility" that the City originally said would open inJune or July of2012, but yetdid notopenuntil August 9,2014.

Captain Golden acknowledges, and the City records will agree, that he was paid bythe City tocompensatehim for the loss ofrevenue for certain ofthe months that the Cityhad the facility closed. However, there remains at this time funds that were to be paid, butwhich have notbeen paid by theCity.

There also remains unpaid bythe City rent for two police boats placed inprimeslips attheMarina atthe insistence ofour CityManager.

Golden Marina Enterprises and Ray and Amy Golden wantvery muchtooperatethis Marina and todo soasprofessionals with experience. The Marina isnotoperationalorfunctional without the installation ofshore power, the movement of the pumps totheoutride to attract largerboats to obtain fuel, themovement oftire pump-out station to theoutride along withthe feel pumps. TheMarina musthavethesufficientnumberofcleats.

One extremelyurgent and veryunsafe situationmustbe addressed by theCitynow.Thehandicap ramp which RayGolden has advised theCity onatleast four occasions wasnotbolted down and which the City has sent engineersout to examine. It has remainedinan unsafe condition and was one ofthethings which Captain Golden was trying to pointouttoPearson DeLoach when heinvited Pearson tocome to tire Marina last Monday orTuesday. Last night, thisramp has fallen offtire platform and itwasindeed fortunate noonewasontheramp atthetimeortheywouldhavebeenkilledorseriously injured. WerequesttireCity address this now.

There are other items dealing withdrystorage and boat storage, aswellasaresolution offunds owedby theCity to the Operator.

I therefore respectfully request thataltparties involved, including Brooks StillwellorJennifer Herman and myself; meetwithout delay to tryand listen to all tire issuesinvolved andto seek a finalresolutionwhich will allow the Coffee BluffMarina to flourishfor yearsto come.

3/3/15 City ofSavannah Responsive Documentation toOpen Record Request of3/2/15 CITY000005ORA

Mr. Joseph C. ShearouseBureau Chief February 19,2015

I wouldrespectfolly request a response andsuggested datesfor sucha meeting.

With best wishes, I am

TJMjr/dml

Sincerely,

THOMAS J. MAHONEY, JR.FOR THE FIRM

cc Mr. Brooks Stillwell, CityAttorney, CityofSavannahPostOffice Box 1027,Savannah, GA 31402

Mrs. JenniferN. Herman, AssistantCity AttorneyCityofSavannah, Post OfficeBox 1027, Savannah, OA 31402


OFFICE OF CITY ATTORNEY

OVERK'KiLITnm.lVEKYGolden Marina Enterprises14915 Coffee BluffRoadSavannah. CiA 31-119

February 25, 2015

VIA OVERNIGHT DELIVERY

Mr. Thomas Kay Golden123 Rose Dim WaySavannah, GA 31419

tte: Demand Tor Possession ofCoffee Bluff Mai inn. Savannah. Georgia 31419(The Leased Premises")

Dear Mr. Golden:

More than ten days have passed since yon received the City's February 12. 2(115 noticeofdelinquent rent and demand to cure pursuant 10 Paragraph 17-1 ofdie lease agreement. Youhave Tailed to make any rent payments under lite lease, including a payment that was due onFebruary 15. 2015. Accordingly, flic Mayor and Aldermen of the City of Savannah demandimmediate possession of the Leased Premises.

IT you Tail to fully vacate the Property, removing all of your personal property andleaving the Leased Premises in a clean, broom-swept condition, before 5:00 p.m. on Wednesday.March 4, 2015. such failure shall be deemed by the City to be a refusal or its demand. In suchinstance, the City intends to immediately proceed with an eviction lawsuit. It will seek recoveryofall damages available by law including, without limitation, recovery ofpast due rem. futurerent and all attorneys' Tecs incurred by the City arising Trom your .stubborn refusal to vacate theLeased Premises.

Please contact Joe Shearouse to coordinate a "walk-through" of the Leased Premisesand return all keys to him before the close of business on Wednesday. Please direct allcommunications regarding this matter, ifany, to this office.

Verv truly yjfflH$,

JNH/lea

c:

3/3/15

tiNNlFlillR HfiKMASSISTANT CITY A

AN

ITOKNI-Y

Ms. Stephanie Cutler (via email)W. Brooks Stillwell III. Esq. (via email)Mr. Joe Shearouse (via email)William Shearouse. Esq. (via email)Thomas Mahoney. Jr.. Esq. (viaovernight delivery)

P.O. B«x HI27. (> East lilt) Street, Gamble lilt!".. 3,J Floor, Savannah. GA 5140191J 5J5-.MI72 otitic •> 13525-3167 Tax iliri uiaii ViAax :iiinali;:.i."oy

City of Savannah Responsive Documentation to Open Record Request of 3/2/15 CITY000007ORA

OFFICE OF CITY ATTORNEY

February25, 2015

VIA OVERNIGHT DELI VERY

'Thomas Mahoney. Jr.. Esq.Mahoney& Mahoney, P.C,11(1 Oglethorpe Avenue FastP.O. BOS 786

Savannah, GA 31402

Re: Demand for Possession - Coffee Bluff MarinaGolden Marina EiUcrpriscs'Tlioinas Rav Golden

Dear Tom:

litis will acknowledge receipt of your February 19, 2015 letter to JoeShearouse proposing a moratorium on rent charges pending negotiation with the Cityregarding taxpayer-funded enhancements Mr. Golden seeks to have installed at Col feeBluff Marina. Please accept my apologies for not responding sooner: however. I hadbeen led to believe that Mr. Golden had agreed to preserve the status quo. which turnedout not to he the ease. Consequently, and the cure period having now passed, the City isleft with nochoice but to pursue obtaining possession ofllie premises.

Mr. Goldcn's characterization of the marina as non-functioning is simplyinaccurate. The City acknowledges that he litis demanded installation of certainimprovements, such as shore power, added fuel pumps and more cleats. Whileincorporation of those features may enrich the facility, their absence docs not render themarina inoperable. Moreover. I note that Mr. Golden renegotiated his lease agreementwith the City in October, following the reopening of the marina and which occurred at atime he was certainly acquainted with its status. Had they been as critical as Mr. Goldenwould now have the City and others believe, surely they would have been featured inthose negotiations and incorporated into the contract. Yet. they were not. To date, theCity has gone to great lengths to aceoinmodate Mr. Golden, including rent abatement forOctober and November 2014 and substantial payments to compensate him for alleged lostrevenues. These are matters of public record. The City cannot continue to subsidize bisoperations, nor can it continue a relationship with someone who refuses to abide by hiscontractual obligations.

I have reviewed the lease agreement and found no provision empowering Mr.Golden to withhold rent pending or contingent upon the City's acquiescence to hisdemands. If you disagree, please point me to the pertinent language. Given the current

P.O. Box 1037. (< Kiist B«> Street, Gamble llldg., 3rt Floor, Savannah, GA 3M0I3/3/15 City a&MM&Rsh/JBb§58iiMfio i&BM§BRB&&Mfa5 CITY000008ORA

slate of affairs, in the best interests of all concerned it is the City's hope that Mr. Goldenwill peacefully and timely vacate the premises.

.INI l/lea

Ct Ms. Stephanie Culler (via email)W. Brooks Stillwell III. Esq. (via email]Mr. Joe Shearouse (via email)William Shearouse. Esq. (via email)

Very irulv yours.

JENNIFER N. HERMAN


3/3/15

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City ofSavannah Responsive Documentation toOpen Record Request of3/2/15 CITY000009ORA

This letter is a formal request made under the Georgia OpenRecords Act(O.C.G.A. 50-18-70) to obtain access to view and to copy certain records in youroffices.

Specifically, we are requesting:

• All correspondence betweenthe city andRay Golden, or Golden MarinaEnterprises, regarding the Coffee BluffMarina since August 1,2014.

We are prepared to payreasonable search and retrieval fees, ifnecessary, butwould first request access to view the requested materials. Pleaseadvise us ofthecosts before they are incurred. Ifpossible, pleaseproviderequested informationelectronically.

If our request is denied in whole or in part, we ask that you justify all deletions byreference to specific exemptionsof the Georgia Open Records Act. I will alsoexpect you to release all segreable portions ofotherwise exempt material.

Please feel free to call or email me ifyou have any questions about this request.We look forward to hearing from you within three days in accordance with the Act.

Sincerely,

Eric Curl, government reporterSavannah Morning News(912)652-0312Eric.curl(a).savannahnow.com


Lois Adams

From: Jennifer Herman

Sent: Tuesday, March 03, 2015 11:22 AMTo: Tom Mahoney IIICc: Thomas Mahoney, Jr.; Lois Adams; Brooks Stillwell; Joe Shearouse; William ShearouseSubject: Re: Coffee Bluff Marina

Dear Tom:

To follow up our telephone conversation this morning, recognizing the cost, expense and uncertaintyassociated with litigation, the City is willing to meet with Mr. Golden and his representatives todiscuss, and hopefully reach, an amicable termination of the parties' relationship.

Please provide me with dates you and your client are available next week. Time is of the essence. Inthe meantime, while preserving all rights to proceed with dispossessory proceedings, the City agreesto refrain from instituting litigation, at least until we have had an opportunity to meet.

I look forward to hearing from you.

Jen

Jennifer N. Herman

Assistant City Attorney912.525.3092 (office)912.657.1031 (cell)

Sent from my iPad

On Mar 2, 2015, at 1:09 PM, Tom Mahoney III <[email protected]> wrote:

Jennifer,

As we discussed earlier, Capt. Golden is willing to meet with City officials to workthrough disagreements rather than proceed with litigation. We are anxious to receivethe City's response as to whether we can maintain the status quo while negotiating aresolution acceptable to both parties.

In response to your earlier concerns about media coverage, I did want to clarify thatCapt. Golden did not involve the media in this dispute. Rather, the media haspersistently contacted Capt. Golden seeking interviews, and he has avoided thesepersistent requests. Indeed, the media is contacting Capt. Golden again today, but hehas not responded.

Please let me know whether the City is willing to talk. Additionally, please call me ifyouhave any questions.

Tom

3/3/15 City ofSavannah Responsive Documentation to Open Record Request of 3/2/15 CITY0000110RA

Thomas J. Mahoney IIIMahoney &Mahoney, P.O.Post Office Box 786Savannah, Georgia 31402(912) 233-7961

Confidentiality Notice: This electronic mail transmission Is privileged and confidentialand is intended only for the review of the party to whom itis addressed. Only the partyto whom this transmission is addressed may rely on its contents. If you have receivedthis transmission inerror, please immediately return itto the sender. Unintendedtransmission shall not constitute waiver of the attorney-client or any other privilege.

3/3/15 City of Savannah Responsive Documenfation to Open Record Request of 3/2/15 CITY0000120RA

Lois Adams _,. ____

From: TomMahoney III <[email protected]»Sent Tuesday. March 03.2015 12:07 PMTo: Jennifer Herman

Cc Thomas Mahoney, Jr.; Lois Adams; Brooks Stillwell; Joe Shearouse;William ShearouseSubject: RE: Coffee Bluff Marina

Jen,

Capt. Golden and I can be available next Tuesday, Wednesday and Thursday.

Tom

Thomas J. Mahoney IIIMahoney & Mahoney, P.C.Post Office Box 786Savannah, Georgia 31402(912) 233-7961

Confidentiality Notice: This electronic mail transmission is privileged and confidential and is intendedonly for the review of the party to whom it is addressed. Only the party to whom this transmission isaddressed may rely on its contents, if you have received this transmission in error, pleaseimmediately return it to the sender. Unintended transmission shall not constitute waiver of theattorney-client or any other privilege.

From: Jennifer Herman fmailto:[email protected]]Sent: Tuesday, March03, 2015 11:41 AMTo: Tom Mahoney IIICc Thomas Mahoney, Jr.; LoisAdams; BrooksStillwell; Joe Shearouse; William ShearouseSubject: Re: Coffee BluffMarina

Our position is that Captain Golden should respond in the manner he deems fit. Having said that,the City will not take exception to the response proposed below. As I mentioned, we have receivedan Open Records Act request for correspondence related to the issue, which will be released today.

Jennifer N. Herman


Sent from my iPad

On Mar 3,2015, at 11:38 AM, Tom Mahoney III <[email protected]> wrote:

Thank you, Jen. I will let you know our availability.

Since the news media is calling, would the City object ifCapt. Golden responded simplyas follows: We are working with the City to resolve the matter amicably, and we do notwant to discuss the matter at this time?

3/3/15 City of Savannah Responsive Documentation to Open Record Requestof 3/2/15 CITY0000130RA

Tom

Thomas J. Mahoney IIIMahoney & Mahoney, P.C.Post Office Box 786

Savannah, Georgia 31402(912)233-7961

Confidentiality Notice: This electronic mail transmission is privileged and confidentialand is intended only for the review of the party to whom it is addressed. Only the partyto whom this transmission is addressed may rely on its contents. Ifyou have receivedthis transmission in error, please immediately return it to the sender. Unintendedtransmission shall not constitute waiver of the attorney-client or any other privilege.

From: Jennifer Herman rmailto:JHerman<g)Savannahaa.GovlSent: Tuesday, March 03,2015 11:22 AMTo: Tom Mahoney IIICc: Thomas Mahoney, Jr.; Lois Adams; BrooksStillwell; Joe Shearouse; William ShearouseSubject: Re: Coffee Bluff Marina

Dear Tom:

To follow up our telephone conversation this morning, recognizing the cost, expenseand uncertainty associated with litigation, the City is willing to meet with Mr. Golden andhis representatives to discuss, and hopefully reach, an amicable termination of theparties' relationship.

Please provide me with dates you and your client are available next week. Time is ofthe essence. In the meantime, while preserving all rights to proceed with dispossessoryproceedings, the City agrees to refrain from instituting litigation, at least untilwe havehad an opportunity to meet.

I look forward to hearing from you.

Jen

Jennifer N. Herman


Sent from my iPad

On Mar 2,2015, at 1:09 PM, Tom Mahoney III <[email protected]> wrote:

Jennifer,

As we discussed earlier, Capt. Golden is willing to meet with City officialsto work through disagreements rather than proceed with litigation. We areanxious to receive the City's response as to whether we can maintain thestatus quo while negotiating a resolution acceptable to both parties.

3/3/15 City of Savannah Responsive Documentation toOpenRecord Requestof 3/2/15 CITY0000140RA

In response to yourearlier concerns aboutmedia coverage, Ididwant toclarify thatCapt. Golden did not involve the media inthisdispute. Rather,the media has persistentlycontacted Capt. Golden seeking interviews,and he has avoided these persistent requests. Indeed, the media iscontacting Capt. Golden againtoday, but he has not responded.

Please let me know whether the City is willing to talk. Additionally, pleasecall me if you have any questions.

Tom

Thomas J. Mahoney IIIMahoney & Mahoney, P.C.Post Office Box 786Savannah, Georgia 31402(912) 233-7961

Confidentiality Notice: This electronic mail transmission is privileged andconfidential and is intended only for the review of the party to whom it isaddressed. Only the party to whom this transmission is addressed mayrely on its contents. If you have received this transmission in error, pleaseimmediately return it to the sender. Unintended transmission shall notconstitute waiver of the attorney-client or any other privilege.

33/3/15 City of Savannah Responsive Documentation to Open Record Request of 3/2/15 CITY0000150RA

<hjavamM/l(1FPICF nF CITY ATTORNFYOFFICE OF CITY ATTORNEY

Mr. Eric Curl

Savannah Morning News

March 3, 2015

In re: Siipplemental responseOpen Record Act Request of March 2, 2015

Dear Mr. Curl:

Your recent Open Record Act request seeking correspondence concerning GoldenMarina has been forwarded to me for a response. In addition to our earlier responsivematerials please see the enclosed supplemental responsive documents which have beenBates-stamped CITY000016ORA to CITY000063ORA.

/lea

Enclosure

Cc: Mr. Bret Bell

Very truly yours.

JENNIFER N. HERMAN


P.O. Box 1027. 6 East Bay Street.Gamble Bldg., 3,d Floor. Savannah. GA 31401912 525-3092 office 912 525-3267 fax [email protected]

Pearson Deloach

From:

Sent:

To:

Cc:

Subject:

Pearson Deloach

Monday, December29,20141:56 [email protected] Shearouse

FW: Meeting w/Ray Golden

Ray:

Joe canmeet@11:45 AM next Tuesday, the 6th Jan - Can you make that ? Here in Daffin ofcourse

P

From: Joe Shearouse

Sent: Monday, December 29, 2014 11:49 AMTo: Pearson DeloachCc: Pearlette ShumanSubject: RE: Meetingw/Ray Golden

I have a Civic Center staff meeting at 11:00.1 could meet with Rayat 11:45

3/3/15 Cityof Savannah Supplemental Responsive Documentationto 3-2-15 Open Record Request CITY0000160RA

Pearson Deloach

From:

Sent:

To:

Subject:

Ray Golden <[email protected]>Monday, December29,2014 2:24 PMPearson Deloach

Re: Meeting w/RayGolden

Will see you then.

Ray

Sent from my IPhone

On Dec 29,2014, at 1:55 PM, Pearson Deloach <PDeloach<S>Savannahga.Gov> wrote:

Ray:

Joe can meet @11:45 AM next Tuesday, the 6,h Jan - Can you make that? Here in Daffin ofcourse

From: Joe Shearouse

Sent: Monday, December29, 2014 11:49 AMTo: Pearson DeloachCc: Pearlette ShumanSubject: RE: Meeting w/Ray Golden


3/3/15 CHy of Savannah Supplemental Responsive Documentation to 3-2-15Open Record Request CITY0000170RA

Pearson Deloach

From: Pearson DeloachSent: Monday, January 05,20151:43 PMTo: [email protected]: FW: Meeting w/Ray Golden

Ray -REMINDER - Please bring all your Monthly Reports with you tomorrow -

Thanks/P

From: RayGolden |rnq|ito:rayqoldenl(a)comcast.nenSent: Monday, December 29, 2014 2:24 PMTo: Pearson DeloachSubject: Re: Meetingw/Ray Golden

Will see you then.

Ray *

Sent from my iPhone

On Dec 29,2014, at 1:55 PM, Pearson Deloach <[email protected]>wrote:

Ray:

Joecanmeet@11:45 AM next Tuesday, the 6,h Jan - Can you make that ? Here in Daffin ofcourse

P

From: Joe Shearouse

Sent: Monday, December 29, 2014 11:49 AMTo: Pearson Deloach

Cc: Pearlette Shuman

Subject: RE: Meeting w/Ray Golden


l

3/3/15 City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY0000180RA

Pearson Deloach

From:

Sent:

To:

Cc:

Subject:

Pearson DeloachWednesday, Februaiy 11,2015 11:36 [email protected] Patten;Joe ShearouseArtificial Reef

Ray -

You made mention a while back that you wanted to putan Artificial Reef EAST of the Fishing Pier to prevent casting onthe east sideof the dock - Your suggestion madea lotof sensesince itwould protect the PRIVATE PROPERTY Inthatarea and cut downon fishing luresgoing astray- What haveyoudecidedyou want to do ? You mentionedthat DNRwould haveto be included in your proposal but that you feltthat it should not be a problem - If you feel that you'reready to pursue thisproject please let me know-As Imentioned before whenyouand Italked wecan purchase thematerial and do the construction -What I need from you is the materials that would be needed for construction -

Do I need to do anything with DNR or can you handle that ?

Thanks/P

3/3/15

1

City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY0000190RA

Pearson Deloach

From:

Sent:

To:

Subject:

Pearson DeloachWednesday, February 11,201512:14 [email protected] Report

Hey-

When you geta chance Ineed theJanuary 2015 Monthly Report(P&L)for Coffee Bluff-

Thanks/P

3/3/15 CHy of Savannah Supplemental Responsive Documentationto 3-2-15 Open Record Request CITY000020ORA

Pearson Deloach

From: [email protected]: Friday, February 13,201512:27 PMTo: Pearson Deloach

Subject: Re: Artificial Reef

Pearson,

I received youremail on Wednesday regarding the "Artificial Reef", and apologizefor the delay inresponse. I was searching through our notes from our meeting that you, Mr. Shearouse, and Mr.Patten had with Amy and meon Wednesday, September 17m, 2014, to jog my memory ofthedetailsin the proposal.

I also came across the other items that we discussed that day, including the cleats.

My notes indicated that I had an idea to build an artificial reef between the fishing pier and Dr. Case'sprivate dock. The artificial reef that Georgia DNR has used in the past includes PVC pipe cut andplaced together like Christmas trees. Ifyou can envision the beaches of Normandy on D-Day, theChristmas trees would look like that, and strung from the land separating the pier and Dr. Case's dockout beyond the pier, but under water. This serves two purposes: 1) it creates a natural habitat for fish,which DNR likes to see, allowing for more anglers from the pier to catch fish, and 2) it would keepanglers from casting over onto Dr. Case's dock. Any angler that cast over the reef would lose theirtackle as it would get hung up upon retrieve; however, a critical part of this equation would be to placeproper signage on the east facing rail of the pier. Mysuggestion would be to do a sign that isinterpretive, explaining the importance of artificial reefs for fish habitat, even with pictures of the man-made reef and how it attracts fish. Itwould be informative to the pier anglers, and they would soonrealize its importance, and wouldn't throw over it for fear of losing tackle.

I have been witness to the lack of privacy and the enormous amount of tackle that has broken off onDr. Case's dock since the opening of the pier, and I applaud him for his cool demeanor. Itwould driveme to the point of insanity, but Dr. Case takes it in stride. His main focus is the functionality of themarina, and he would rather see funds and efforts diverted to that effect before a solution is found tohis problems. As his neighbor and friend, Iwould rather see him taken care of first, but herein lays theproblem.

While sitting on the Finfish Advisory Panel with Georgia Dept. of Natural Resources, I learned a greatdeal about how and why things work in that system. It is integral and complex, for certain. They dohave programs for what I have just typed, but I am not sure where to begin or how to begin. Itwouldcertainly take time to figure out. As soon as I left the meeting with your department on September17th, Icontacted Kathy Knowlton at DNR and explained oursituation, andshe put it to staff to see ifthere was a solution. I could follow up on that to see what we have to do to conform to any legality,but it will not be something that can happen overnight, I am sure. You may want to consider anotheralternative, such as a cedar planked fence or railing above the east side railing to prevent casting inthat direction until DNR has been notified of our intention. It may be as simple as communicating withthem our intention and be given the green light immediately, but it will take at least a few days todetermine. I will be at the marina all day Monday and Tuesday, and I can tract down the partiesinvolved. (Monday is a holiday).

i

3/3/15 CHy of SavannahSupplemental Responsive Documentation to 3-2-15Open RecordRequest CITY000021ORA

Pearson Deloach

From: Ray Golden <[email protected]>Sent: Tuesday, February 17,2015 10:22 AMTo: Pearson Deloach

Subject: Re:Coffee Bluff Marina

Pearson,

Mr.Walkercompleted the work on his boat from the lack of springline cleats on the dockSaturday morning, February14th. He removed the container at that point.

Mr.Walker indicated to me that Mr.Shearouse understood the necessity of the container on the property so that hecould store tools and a power source since power is lackingon the docks. Mr. Walker stated that Mr. Shearouse told himhe could keep it there for "a week or two" for Mr.Walkerto complete his repairs. Thisis the first time Ihave heard ofany dates being applied, whether it be Feb. 6 or Feb. 8. Regardless, Mr. Walker has completed his repairs and has movedhis storage container as of this past Saturday.

Furthermore, any vessel on the "marina" parking lot that does not have a license tag is because I have advised mycustomers to remove the tags. In the past, license plates have been stolen on a regular basis. I have had 2 tags stolenfrom my trailers.

Unfortunately, City Hallmust prepare themselves for 1 of 2 complaints. One, someone may wish to have any boat on theproperty licensed, and if not, they are going to complain. Two, Ican ask customers to put their tag on their trailer (thereis only 1 trailer without a tag), and when they get stolen, there will be complaints about lack of police presence or crimeprevention video cameras.

I understand as a matter of law that tags must be on trailers, so I will contact George Lukasand have him bring his tagand put it on his trailer. Then ail trailers on the lot will be properly licensed, and City Hall can address the crimeproblems when they begin popping up.

Ray

Sent from my iPhone

On Feb 17,2015, at 9:33 AM, Pearson Deloach <[email protected]>wrote:

Ray - Hasthis POD been moved yet - City Hall is now involved -

Owner Promised tomove it February 6th, Joe allowed him togoto Feb 8th after speaking with him -

From: Joe ShearouseSent: Tuesday, February 17,2015 9:24 AMTo: Shirley Smlth02Cc: Pearson DeloachSubject: FW: Coffee Bluff Marina

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Pearson Deloach

From: Ray Golden <[email protected]>Sent: Thursday, February 19,201510:19 AMTo: Thomas Mahoney; Douglas Patten; Pearson Deloach; TonyThomasSubject: Coffee Bluff Marina

Mi*. Mahoney,

LastAugust I alerted the city about the handicapped ramp not beingsecure. All party's involved (engineer,marine builder, and contractor)came down. Nobody would accept responsibility. Their solution was to take ablack crayon and outline the platform legs to monitor movement. No person ever came to monitor movement.

On November 7. as I was plumbing my bait tanks along this ramp, the roller balls came offand the ramp fell,but caught on a lip. I was inches from the ramp. Again, everybody came. They used hydraulic pumps to jack upthe ramp and reposition everything. They again took their black crayon and drew lines, proudly declaring theywould from here on out monitor the movement. Nobody came.

In January, we contacted the city and told them it lookedsuspect due to a big spring tide. They sent out theengineering firm that was awarded the contract. Amy showed him everything...he asked her for her advice. Shejust stared at him with a "You'rekidding me" look. He assured her it couldn't fall.

Last Friday I sent an email requestingan audience with Leisure Services to show them some concerns and warnthem ofan impending 12 foot tide swing last night. They respondedwith a Demand Letter for past due rent.

This morning their mangledranip nose dived. Fortunately,nobody got hurt. This is a situation that could haveseriously injured or killed somebody.

In my professional opinion, which is a result of20+ years in this business, Coffee BluffMarina is unsafe,unsound, and most certainly nonfunctional.

With best regards, I remain

Capt. Ray Golden

0

Sent from my iPhone

Sent from my iPhone

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Then- solution was to take a black crayon and outline the platform legs tomonitor movement. Noperson evercame to monitor movement.

On November 7. as Iwas plumbing my bait tanks along this ramp, the roller balls came offandthe ramp fell, but caught on a lip. I was inches from the ramp. Again, everybody came. Theyused hydraulic pumps to jack up the ramp and reposition everything. They again took their blackcrayon and drew lines, proudly declaring they would from here on out monitor the movement.Nobody came.

In January, we contacted the city and told them it looked suspect due toa big spring tide. Theysent out the engineering firm that was awarded the contract. Amy showed him everything...heasked her for heradvice. She juststared athim with a "You're kidding me" look. He assured herit couldn't fall.

Last Friday I sent anemail requesting anaudience with Leisure Services to show them someconcerns and warn them of an impending 12foot tideswing last night. They responded with aDemand Letter for past due rent.

This morning their mangled ramp nose dived. Fortunately, nobody got hurt. This isa situationthat could have seriously injured or killed somebody.

Inmyprofessional opinion, which is a result of20+years inthis business, Coffee BluffMarinais unsafe, unsound, and most certainly nonfunctional.


Capt. Ray Golden

0

Sent from my iPhone

Sent from my iPhone

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Pearson Deloach

From: Pearson DeloachSent: Thursday, February 19,201512:03 PMTo: 'RayGolden'Subject: RE: Coffee Bluff Marina

Ray - I'm sorry you chose to speak to me the WAY YOU DID this AM -Not like you at all - I'm the bestfriend you have -

Iknow you made accusations outoffrustration, however, You may have bitthe hand that took careofyou andAmy forover twoyears -As Isaid Iwasyourbest friend andcontact and always looked out foryou to the bestof myability -

Sometimes RESULTS aren't always what you want - As Isaid this AM, I'm not an engineer, Ido, though, pass alongengineering Information to those who are in the engineeringfield ifa problem is recognized -

Ialways valued your input knowing your20 years of professional experiencewas important to the marina operation -AsI told you often in the past GOVERNMENT CONTRACTS are much different than Private Business contracts -

Sometimes we find that what looks like a simple fix to a problem to some can really be a difficult fix under a GovernmentContract -

We should Leave the Engineering to the Engineersand the Professional Marina Operation to the Professional Operators- Please continue to send along any maintenance findings to me just as you have in the past -

From: Ray Golden rmailto:rayaoldenl@tX)mcast.net1Sent: Thursday, February 19,2015 10:19 AMTo: Thomas Mahoney; Douglas Patten; Pearson Deloach; TonyThomasSubject: Coffee BluffMarina

Mr. Mahoney,

Last August I alerted the city about the handicapped rampnot beingsecure. All party's involved (engineer,marine builder,and contractor) came down. Nobodywouldaccept responsibility. Their solutionwas to take ablack crayon and outline the platform legs to monitor movement. No person ever came to monitor movement.

On November7. as I wasplumbingmy bait tanks alongthis ramp, the roller balls cameoff and the ramp fell,butcaughton a lip. I wasinches from the ramp. Again, everybody came. Theyusedhydraulic pumps tojack upthe ramp andreposition everything. Theyagain took their black crayon anddrew lines, proudly declaring theywould from here on out monitor the movement. Nobody came.

In January, wecontacted the city and told them it looked suspect due to a bigspringtide. They sentout theengineering firmthat wasawarded the contract. Amyshowed himeverything...he asked herforher advice. Shejust stared at him witha "You'rekiddingme" look. He assured her it couldn't fall.

Last Friday I sentan email requesting an audience with Leisure Services to showthem some concerns and warn

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Pearson Deloach

From:

Sent:

To:

Subject:

Pearson,

Ray Golden <raygoldenl©corneast.net>Thursday, Februaiy19,20151:13 PMPearson Deloach

Re: Coffee Bluff Marina

I most humbly beg your forgiveness for the manner in which I spoke to you this morning. Please understandthat it was not frustration that motivated me, but rather the knowledge that my wife and I are losing cash like astuck pig based on empty promises that are nowhere near being fulfilled. You said so yourself that Coffee BluffMarina was going to be "standing room only".

To date, my wife and I have turned away $6,500 per month in wet slip rentals due to lack ofshorepower,and an indeterminable amount based on lost fiiel salesdue to the pumps beinginaccessible to larger boats, just to name a few ofthe many items.

Regardless, if I loseeverydimein my pocket, at least I am still married to my best friend, bestsoulmate, and best life partner that I could ever find.

The knowledge thatshe could have been on thatramp when it went down, cracking her head,andfalling in 40degree water with nobody around to help is too much for a manlikeme toaccept. Especially when you consider that, as a Professional Marine Operator, I fulfilled mydutytoreport a maintenance issue on4 different occasions, and the only proof that I can ascertain asto the Professional Engineers fulfilling their responsibilities layon the concretethis coldFebruarymorning.

I will,of course, continue to keepyouabreast of any issues thatarise in the future.

Sincerely,

3/3/15

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Pearson Deloach

From: RayGolden <[email protected]>Sent: Monday, February 23,201512:02 PMTo: Pearson Deloach

Subject: Re: Coffee bluff Marina - DockCleats

Pearson,

Iwill be here all day today and tomorrow.

Please remind your personnel that currently there Isa forecast for rain tomorrow...50% tonight and 60%tomorrow.

Capt. Ray Golden

Sent from my IPhone

On Feb 23,2015, at 11:52 AM, Pearson Deloach <[email protected]> wrote:

RAY-

Please see the message below -

Can you or someone be available in the AM to showour crew where you want the remainderof thecleats positioned on the docks -

Thanks/p

From: Alan WatersSent: Monday, February 23,2015 11:38 AMTo: Pearson DeloachCc: Wayne Holland; Joe ShearouseSubject: RE: Coffee bluff Marina - Dock Cleats

Mr.P,We can get started inthe morning. Is the area marked where they will be installed? If not who shouldwe meet on site at around 8am?

From: Pearson DeloachSent: Monday, February 23, 2015 11:20 AMTo: Alan WatersCc: Wayne Holland; Joe ShearouseSubject: FW: Coffee bluff Marina - Dock Cleats

Alan + Wayne-

Joe wants you togo ahead with installing theremainder ofthecleats on the Marina Docks -Will need asmall generator -

Thanks/P

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THOMAS J. MAHONBY. JR. (OA&SC)

THOMAS J. MAHONBY III

Mahoney & Mahoney, p.c.ATTORNEYS AT LAW

110 oolbthorpb avenue eastPost Office Box 786

Savannah, Georgia 31402

February 19,2015

Mr. Joseph C. ShearouseBureau Chief

City of Savannah Leisure Services BureauPost Office Box 1027

Savannah, GA 31402

DENNIS PIERCE (1906-1979)

JOHN F. M. RAN1TZ, JR. (1922-1999)

Re: Your letter dated February 12,2015

Dear Mr. Shearouse:

This is in response to your February 12 letter directed to Golden Marina Enterprisesand Thomas Ray Golden and in which you have stated that rent is due to the City ofSavannah in theamount $2,000.00.per month beginning December 1,2014.

Golden Marina Enterprises, Inc. is prepared to pay rent at the agreed upon rateanddoes not wish to respond to the institution of litigation by the City in an effort to dispossessCaptain Golden and/orGoldenMarina Enterprises from the Coffee.BluffMarina.

The problem in the Operator of the Marina paying rental withouta functioningmarina seems to me to be like payingrent on a house that has the doors lockedand entryprevented. Until we can explorea resolution of existing issues, we suggest there be amoratorium on rent charges or that the Operator place it into an escrow account.

Some of the items that are "open" and which make Coffee BluffMarina a nonfunctioning marinawere set forth in the lettergiven to you by CaptainGoldenat your lastmeeting, whichyou ended by stating it was nowa legal matter.

Thereafter, I called Jennifer Hermanand was assured by her that the City wouldrespond with itsposition to thepoints raised iu Ray Golden's letter. I havesince calledMrs. Herman a number'"of timesonly to be told shewasout of the office and I have lefr.myname and number,'but to date, have received no return call or response to the items whichwere raised in Captain Golden's letter. ...

3/3/15

telephone (912) 233-7961 ♦ Facsimile (912) 349-2248 ♦ www.ranitzlaw.comCHy ofSavannah Supplemental Responsive Documentation to3-2-15 Open Record Request CITY000028ORA


You and other persons within your Department and within the City of Savannah arewell awareof the fact that the Goldens haveinvestedpersonal fiinds into the rebirth and"beautiful facility" that the City originally said would open inJune or July of2012, but yetdid not open until August 9,2014.

Captain Golden acknowledges, and theCityrecords will agree, that he waspaid bythe City to compensate him for theloss of revenue forcertain of themonths that theCityhad the facility closed. However, there remains at this time fiinds that were to be paid, butwhich have not been paid by the City.

Therealso remains unpaid by the City rent for two policeboatsplaced in primeslips at the Marinaat the insistence ofour City Manager.

Golden Marina Enterprisesand Ray and Amy Golden want very much to operatethis Marina and to do so as professionals withexperience. The Marina is not operationalor functional without the installation of shorepower, the movement of the pumps to theoutside to attract larger boats to obtain fuel, the movementof the pump-out station to theoutside along with the fuel pumps. The Marina must have the sufficient number ofcleats.

One extremely urgent and very unsafe situation must be addressed by the City now.The handicap ramp which Ray Golden has advised the City on at least four occasions wasnot bolted down and which the City has sent engineers out to examine. It has remained inan unsafe condition and was one of the tilings which Captain Golden was trying to pointout to PearsonDeLoach when he invited Pearson to come to the Marina last Monday orTuesday. Last night, this ramp has fallen off the platform and it was indeed fortunate noone was on the ramp at the time or they would have been killed or seriously injured. Werequest the City address this now.

There are other items dealing with dry storage and boat storage, as well as aresolution of fiinds owed by the City to the Operator.

I therefore respectfully request that all parties involved, including Brooks Stillwellor Jennifer Herman and myself, meet without delay to try and listen to all the issuesinvolved and to seek a final resolution which will allow the Coffee Bluff Marina to flourishfor years to come.

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I would respectfiiUy request a response andsuggested dates for sucha meeting.

With best wishes, I am

TJMjr/dml

Sincerely,

THOMAS J. MAHONEY, JR.FOR THE FIRM

cc Mr. Brooks Stillwell, City Attorney, City ofSavannahPost Office Box 1027, Savannah, GA 31402

Mrs. Jennifer N. Herman, Assistant City AttorneyCity of Savannah, Post Office Box 1027, Savannah, GA 31402

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Thomas Ray GoldenGolden Marina Enterprises, Inc.123 Rose Dhu WaySavannah, GA 31419

Mr. Joe Shearouse

City of SavannahDept. of Leisure Services In)§©H0WC1 R\PO Box 1027 In] ^ JSavannah, GA 31402 " UJm i!' %*$ W

Dear Mr. Shearouse,

LEISURE SERVICESADMINISTRATIVE OFFICES

It brings no pleasure for me to issue this Letter of Demand to you, as well as otherrepresentatives of The City of Savannah; however, due to the inability to effectivelyoperate a failed design of what could be a wonderful opportunity along our coast, thetime has come to either complete the functionality of Coffee BluffMarina, or move ontoward another opportunity for my wife and me.

When I was approached by Alderman Tony Thomas after the city budget meetings inNovember, 2010, regarding the allotted investment in rebuilding Coffee Bluff Marina, Iwas at first hesitant, but agreeable, to shut down and allow the city to demolish theexisting marina and rebuild a newsite that would be "thecrown jewelof Savannah". Idid, thereafter, think it was unusual for Alderman Larry Stuber's former company, EMCEngineering, being awarded the contract to oversee the projectat a time when he wasstill a sitting Alderman.

EMC's first act was to sub-contract H&K Engineering, led by Mr. Bill Hoffman, for theactual design work of the marinafacilities. Mr. Hoffman's design was criticized from thebeginning by my wife and me, as well as many neighbors, as non-functional, but wewere assured that our ideas would be implemented, and that Mr. Hoffman had vastexperience with marinas. Unfortunately, those experiencesdid not include areas with 9-10 foot tidal swings. As evidence of this, i believe the City of Savannah is currentlypursuing legal action against H&K Engineering near the amount of$600,000, butthatamount varies depending on who is discussing this item with me.

The portion of the idea of rebuilding the new marina that bothered me the mostwas thenews.coverage byWTOC and WSAV that showed ourAlderman, Alderman TonyThomas, stating that thiswas the city's plan all along when they purchased the property.These planswere neverdiscussed with my wife and me when we putforth a proposal tooperate the marina in February, 2009. Surely, we wouldn't have spent the $60,000 of

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our own monies to repair the damaged and inoperable docks, not to mention all thesweat equity, had we known that we would be shut down in less than 3 years for arebuilding project that was originally suppose to take 6-8 months, but wound up takingnearly 3 years start to finish. I have the clips from both of these news coveragechannels Ifyou wish to see for yourself what I mean.

At the point that Golden Marina Enterprises, Inc. was agreeable to the rebuildingproject, there were 3 critical factors that went into our decision. 1) The amount of timerequired to complete the job, 2) the amount of monies that we would receive to coverour lost income, and 3) the functionality of the new marina. Iwould like to discuss eachof these three criteria before getting to the intention of this demand letter:

#1 The amount of time required to complete the job - when our lift was condemnedin September, 2011, by the very man who the City of Savannah is pursuing legal actionagainst for his inability to effectively design and implement a viable marina on Georgia'scoast, the bureau chief, Mr. Joe Shearouse, approached us for a reimbursement of lostincome formula to get us through from start to finish. We agreed to this formula,although I must admit, I had to call, beg, and harass the department at times to collect.Those payments were to commence immediately and continue through to the end of theconstruction, PLUS 60 days to get us back on our feet and running. This was theformula designed by the Department of Leisure Services. Our concern was that theproject might take longer than anticipated, and we were assured that ifthe completiondate extended beyond the contract that Weimar Construction had with the City ofSavannah, then Weimar Construction would be liable for the lost income to mycompany. The City of Savannah paid my company up to and including April, 2014,when we were notified that the payments would cease. Coffee Bluff Marina did not openits doors until August 9th, 2014.

#2 The amount of monies that we would receive to recover our lost income -

even though the boat hoist was condemned, the Department of Leisure Servicesdesired of us to continue to stay open despite the fact that no business would becoming through our doors. Their formula to replace our lost income included theoperating expenses of my company, Golden Marina Enterprises, Inc. My wife and Isoldour beloved house, the old Byrd Cookie Company house, to reduce our expenses, sothat the City of Savannah could reduce the amount of payments to us for our livelihoodduring the construction phase. Itwas my wife and me who called Leisure Services toreduce the amount of monies for each month that we were closed after the sale of our

house and the closing of the marina doors in October, 2012, and this was happilyagreed to by the Department of Leisure Services. Unfortunately, as stated above, thesemonies ceased in April, 2014, leaving my wife and me to surviveon our own fundsthrough the remainder of the construction phase.

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#3 The functionality of the new marina-1 would gladly bring to the City ofSavannahanyone they desire to meet within the marina business to discuss the inability tofunction at a profit withoutthe required necessities that a marina MUST possess, one ofwhich is shore power. We have already turned away more than $5,500 per month ofbusiness based on the reckless decision to eliminate shore power from the marinawhen so many other unnecessary functions were not cut out of the budget, namely,lights that shine up the marina at night that we aren't even allowed to turn on, and a firesuppressant system that will never be used since no boats exist in the marina basinsince we have no shore power. These budget decisions were made without even theslightest inclination to discuss with the marina operators their opinion of what shouldstay and what should go. Coffee BluffMarina has become a $5 million goose egg, withno apparent way to correct the fallacies unless an effort is made to immediately correctthe functionality of the marina.

The City, in my opinion, has, by its actions and inactions, totally and completely"dropped the ball" on the re-development of Coffee BluffMarina and it is impossible foranyone to continue to operate this marina without these three issues being immediatelyresolved. Since it appears we cannot resolve them and based on those conditions setforth above, I must submit this Letter of Demand, to wit:

#1) The payment of $26,000 to be paid to Golden Marina Enterprises, Inc. for lostincome representing the months of May, June, July, August, and September, 2014 (theremaining months we were shut down PLUS the 60 days that the Department of LeisureServices promised to my company)

#2) An amendment to our contract with the City of Savannah that places a moratoriumon any rents due until the marina becomes fully functional, PLUS60 days to give ustime to build back the business that we have lost.

#3) An agreeable time table that shore power can be installed at Coffee Bluff Marina atthe City of Savannah's expense.

If these conditions cannot be agreed to by February 2nd, 2015, then Iwill instruct ourattorney, Mr. Thomas Mahoney, Jr., to pursue legal action against the City ofSavannahand any other parties that may be held liable for the conditionsset forth above.

Please instruct the City of Savannah's Attorney to contact Mr. Thomas Mahoney, Jr. atthe following address and phone number to set up an appointment to meetwith me andmy counsel prior to seeking litigation:


Mahoney & Mahoney, P.C.Attorneys at Law

110 Oglethorpe Avenue EastPO Box 786

Savannah, GA 34102(912) 233-7961

Ifyou have any questions, or wish to discuss this matter further with me, feel free tocontact me at:

Thomas Ray Golden123 Rose Dhu Way

Savannah, GA 31419(912) 572-9768 cell (912) 200-3805 Coffee BluffMarina

Please have this meeting scheduled as early as possible, as the dates listed herein andthe items listed above are non-negotiable, in an effort to keep this out of the public'seye, I will grant the City of Savannah 5 days to consider my request. However, onMonday morning, January 12th, 2015, at 9am, Mr. Mahoney, Jr. will send tothe City ofSavannah the required ante-litem notice, notifying the City of Savannah that we willpursue legal action on February 2nd, 2015.


~Thm H W^^

Thomas Ray GoldenPresident

Golden Marina Enterprises, Inc.

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LEISURE SERVICES BUREAU OCT 08 ?0f4 "'

(:''V MAMAG-R'S offic:

3/3/15

Stephanie Cutter, Ci^yMatt^ger

Prom: Joseph C. Shearojtfse,ypKireau "Chiefs--

Date: October 7,2014

Re: Coffee Bluff Marina

Attached are two (2) original copies of the Coffee Bluff Marina leaseagreement with Golden Marina Enterprises, Inc. that have been have beenexecuted by Thomas Golden. The agreement was reviewed by the CityAttorney.

Please sign and return both copies to my office.

P.O. IIOX 1027, SAVANNAH, GA .U402

PIIOMf.9ia.35i.j837 1Di> 9i2.45i.6702 IAX 9l2.351.j8.(8 SAVANNAHGA.GOV

City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000035ORA \

STATE OF GEORGIA )) AGREEMENT

COUNTY OF CHATHAM )

COFFEE BLUFF MARINA

This Agreement madeand enteredinto this 1stday ofOctober, 2014, by and

between THE MAYOR AND ALDERMAN OF THE CITY OF SAVANNAH; a

municipal corporation ("City")and GoldenMarinaEnterprises, a Georgiacorporation

("Operator").

WITNESSETH

WHEREAS, the City owns certain real property and improvements thereon

located in the City of Savannah, Chatham County, Georgia known as "Coffee Bluff

Marina" (hereinafter referred to as the "marina" or the "premises");

WHEREAS, the Cityhas requested proposalsfor the management ofthe marina

from entitiesexperienced in the operationand management ofmarinasand operator

presentedits proposal to the City;

WHEREAS, the City and Operator wish to enter into an agreement for the

operation andmanagement of the marina uponthe termsand conditions set forthherein;

WHEREAS, Operator has agreedto operateand manage the marina in accordance

with all City ordinancesand other governmentalrequirementswith respect to the marina.

WHEREAS, the Citydesiresfor Operator to operate and manage the premises for

use as a public marinawhichshallbe open to the public in the same manneras ifthe City

operated and managedit directly;

WHEREAS, Operator agrees to improve themarina andperform capital

improvements upon the premises and provide maintenance services; and


NOW THEREFORE, in considerationof the mutual covenantscontained herein,

the City and Operatoragree as follows:

1. PROPERTY

The Cityand Operator covenant and agree that Operator shall manage and

control, subject to the terms of thisAgieement, thereal andpersonal propeity described

as follows:

1.1 Real Property

That parcel of land commonly known as The Coffee BluffMarina located at

14915 Coffee Bluff Road, Savannah, GA, along with all buildings, fixtures and other

improvements located on the real property("the premises").

1.2 Nature ofContractual Relationship

ThisAgreement is not to beconstrued as creating a lease or an estatefor years,

but rather as an operating and management agreement.

2. USE OF PREMISES

Operator agrees it willuse thepremises solely for theoperation ofa public marina

and otheractivities customarily associated withtheoperation of a public marina

including without limitation, providing wet storage, boat hoist, fuel sales, bait and tackle

sales, kayak outfitter gear, complete with rental, sales and guided kayak fishing trips,

charter boat fishing, pontoon boat rentals, small boat rentals, thesaleof food and

beverage and miscellaneous provisions, to include beer and wine sales. Operator shall not

use the premises for any unlawful puiposes and shall comply with allvalid laws,


ordhiances, rules and regulationsapplicable to the premises or the businessconducted on

the premises.

City shall have the right to inspect the premises at all reasonable times, so long as

the operation of the marina by Operator is not interrupted by such inspection.

3. QUIET ENJOYMENT

Subject only to the terms of this Agieement, so long as Operatorcomplies with its

obligations, City shall assure to Operator the quiet and peaceful enjoymentof the

premises and the sole and exclusive possession of the premises subject to City's right to

enter upon the premises for the purpose of inspection as set forth in this Agreement.

Operator acknowledges that he is operating in a residential area and shall not operate in a

maimer that will be detrimental to the neighborhood, including excessive noise.

4. TERM

4.1 Term

The term ofthis Agreement shall be for four (4) years beginning October 1,2014,

and ending September 30,2018.

4.2 Options to Extend

Operator and City have the bilateral option to renew and extend this Agreement if

both parties have agreed to extend the initial agieement for one (1) additional four (4)

year term upon terms and conditions to be agreed upon by the parties.

5. RENT


The rent is due by the 15,h ofeach month and in consideration ofCity executing this

Agreement and granting the rights provided in this Agieement, Operator will pay to

theCity at theaddress listed for theCity hereinafter, a management fee as follows:

YEAR ANNUAL RENT MONTHLY PAYMENT

YEAR1 $24,000.00 * $2,000.00

YEAR 2 $30,000.00 $2,500.00

YEAR 3 $36,000.00 $3,000.00

YEAR 4 $36,000.00 $3,000.00

*To allow for re-openingexpensesNO RENT WILL BE REQUIRED for the

first (60) operating days.

6. CITY POLICIES

6.1 Fees and Charges

The rent isdue by the 15,h day ofeach month. All fees and charges made by

Operator including, but not limited to, rental fees, servicefees, merchandise salesprices

and food and beverage priceswillbe posted on the premises at thoselocations where

suchfees are normally paid. Rental feesandservice fees shall not exceed those set forth

in theattached Exliibit A. Operator mayapply for feeadjustments, in writing, to the City

Manager or his designee.


6.2 Marina Operations

Operator shall observe and comply with all of the City's management policies

described in Exhibit B attached hereto and by referencemade a part thereof. Manager

shall not change any ofsaid policies nor institute new policies without first obtaining the

written consent of the City Manager.

6.3 Employees

Managerial Services: TheOperator shall have anexperienced manager or

managers on thepremises at all times. Should anyvacancy occurin theposition of

manager, Operator will advise the City in writing fifteen (15) days in advanceofhiringas

to the identity andthe qualifications of any person whom the Operator intends to place in

suchvacant position. The Cityreserves the right, at its solediscretion to disapprove of

any such selection.

Operator shall requireall frill time and part time employees to submit to a drug

screening andpolice background check. The results shall be made available to theCity

uponrequest. Employment ofany convicted felon must be approved by the City

Manager.

Conduct of employees of the Operator shall besubject to reasonable regulation by

the City. All employees shallobserve the graces of personal glooming.

7. UTILITIES

Operator will pay before delinquency allcharges forutilities, including electricity,

gas, heating, cooling, cableand telephone on the premises. The City will pay charges for

water, sewer, and refuse.


8 MAINTENANCE AND REPAIRS

Operator acknowledges it is acquiring the premises and personal property intheir

current "as is"condition, except as provided insubsection 10.1 and 10.2 below.

8.1 Maintenance Conditions

Operator assumes sole responsibility for maintenance and repair ofall buildings

and other improvements on the premises and all personal property acquired under this

Agreement and Manager will maintain the premises ingood order, hisanitary and safe

condition at Manager's sole expense.

TheCity shall maintain thegrounds, landscaping, Picnic Shelter & Playground,

and fishing pier.

8.2 Code Compliance

It is the City's intention to ensure that thepremises are in full andcomplete

compliance with allapplicable governmental codes, ordinances and regulations,

including without limitation, building, plumbing, electrical, heating, ventilating and air

conditioning, fire, health andsafetyandzoning codes. To theextentit is determined

following execution oftheAgreement that the premises are, in fact, not in compliance

with any applicable code, ordinance or regulation, Operator agrees that it shall notify the

City within ninety (90) days ofcontract execution of the nature ofthenon-compliance,

the applicable code, ordinance or regulation, and a detailed estimate of the cost to bring

the premises into full compliance with such code, ordinance or regulation

The Operator will maintain the below ground level water and sewer lines to the

point ofservices as provided by the utility during the terms ofthis Agieement.


TheOperator shall, to the satisfaction of theCity, provide normal and routine daily

maintenance of thefacilities, designed to keep the premises and equipment in a good

state of repair, freefrom hazardous conditions and deterioration.

9. CITY'S COOPERATION

City recognizes and acknowledges that Operator will need theassistance and

cooperation ofCity inorder to properly perform and fulfill Operator's covenants and

obligations under this Agieement. Therefore, City agrees it will assist Operator as

needed, in obtaining all permits or licenses that are within thejurisdiction and authority

ofCity's various departments, agencies, officers, boards orcouncils, and that are required

inorder for Operator tofulfill itsobligations under this Agreement. City fiirther agrees it

will designate theCity Manager or hisdesignated agent to work with Operator in

assuring that Operator obtains the fiill cooperation and assistance ofCity, subject to the

termsof this Agreement and all applicablelaws.

10 INSURANCE

Operator shall maintain throughout the term ofthis Agreement the types and

amounts of insurance coverage described inthissection relating to thepremises and

Operator's operation ofthe premises. Any insurance provided by Operator as herein

required shall designate the City as anadditional insured, as its interests may appear,

shall be issued by a company licensed to do business in the State ofGeorgia, satisfactoiy

to City, and shall contain endorsements that such insurance may not be cancelled or

amended with respect to the City without thirty (30) days prior written notice by

73/3/15 CHy ofSavannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000042ORA

registered mail to the City by the insurance company. Operator shall be solely responsible

for payment ofpremiums. Certificates evidencing the existence ofall insurancepolicies

equired hereunder shall be delivered to the City by Operator within ten (10) days of

issuance ofsuch policiesby the insurance company. Any insurance required to be carried

underthis Agreement may be included as part of any blanketor otherpolicy or policies

of insurance, subject to the provisions of this Agreement. The minimum limits of any

insurance coverage required herein shall not limit Operator's liability under this

Agreement.

10.1 Liability Insurance

Operator will maintain, at Operator's expense, a policy or policies of

comprehensive general liability insurance, naming the City asanadditional assured, with

coverage not less than One Million Dollars ($1,000,000.00) combined single limit for

bodily injury and property damage. Automobile liability insurance on any motor vehicle

owned, leased orusebyOperator shall be maintained inaccordance with applicable

Georgia law.

Marine General Liability: general aggregate upto $2,000,000 to includeCommercial General Liability to cover the premises, andall person property andequipmentHull & Protection & Indemnity (forany boats owned and/ or leased bythemarina)Incidental Crew coverage (Jones Act)Or separate Hull &Protection &Indemnity with Incidental Crew coverage up to$2,000,000.

If the Operator hires any independent contractors orsubcontractors, the contractoror sub-contractor will needto provide a Certificate of Insurance with:1.) coverages at least equal to those the Operator iscarrying2.) naming The City ofSavannah asanadditional insured include wavier ofsubrogation in favor of The City.3.) certificate provided before any work begins

r


10.2 Worker's Compensation

Operator will maintain,at Operator's sole expense, a policy or policies of

worker's compensation insurance in accordance with applicable Georgia law.

10.3 Fire Insurance

Operator shall, maintain at Operator's sole expense, a standard form policy or

policies of fire and extended coverage insurance on the premises, including the docks,

related buildings and furnishings, and all personal property and equipment, naming

Operator and the Cityas assureds as theirinterest mayappear.

11. INDEMNITY

Operator shall indemnify and hold the City harmless from all claims, demands,

causes of action and liability resulting from injury to person or damage to property

sustained on or about the premises and arising from Operator's operations or as a

proximate result of the acts or omissions of Operator or its employees or agents. This

provision does not apply, however, to any such liability as may be the sole result of the

direct and proximate negligence or willful misconduct of City or city's employees or

agents acting within thescope of theemployment or agency.

12. DAMAGE AND RESTORATION

If the buildings or other improvements on the premises, or the personal property

under this Agreement, should be partially damaged or totally destroyed by acts of

vandalism, fire orother casualty except a force majeure occurrence beyond the control of

either City or Operator, Operator will repair, reconstract or replace the buildings,


improvements, and personal property, and such restoration will restore the buildings,

improvements, and personal property to a condition as good as or better than the

condition in which the buildings, improvements, and personal property existed prior to

then- damage or destructions. In the event that any of the above fire, contingencies or

casualties occur and such event is subject tocoverage under that policy or policies of fire

and extended insurance which Operator is required to maintain pursuant to itsobligations

under this Agieement, then it shall be Operator's obligation to utilize the proceeds from

such polity or policies in the restoration of the premises. If costs of restoration exceed

proceeds from said policy or policies, it is the obligation of Operator to make up the

difference. If repair, reconstructions or replacement is prohibited under then existing

laws, this Agreement shall terminate and the City will receive any proceeds from any

policy or policies of insurance which the Operator is obligated to maintain pursuant to

tills Lease. City shall pay to Operator from such proceeds a sum attributable to the value

of Operator's improvementsupon the premises.

If Operator should undertake to repair or reconstruct the premises as described hi

this paragraph, Operator shall submit plans for any such repair or reconstruction to City

for City's prior approval. Operator shall not have theright tocreate or permit the creation

of any lien attaching to City's interest in the premises as a result of any such repair

reconstruction. Operator shall first obtain the written approval of the City for any plans

and specifications detailing therepairs or reconstruction to be had.


12.1 Fee Abatement

If Operator is unable to use all or a significant portion of the related premises

during repair, reconstruction or replacement as provided for in this section Operator's

management fee obligations under Section 5 shall be abated orcredited in proportion to

the decrease in Operator's gross revenues during the period of repair, reconstruction or

replacement until such time as Operator is again able to use the premises for their

intended purpose.

13. MISCELLANEOUS

13.1 Terminationof Contract: The City may cancel the contract at any

time for breach ofcontractual obligations byproviding the Operator with a written notice

ofsuch cancellation. Should the City exercise its right tocancel the contract for such

reasons, the cancellation shall become effective on the date asspecified in the notice of

cancellation sent to the Operator.

13.2 Compliance with Laws: In connection with the furnishing supplies

for performance ofwork under the contract, the Operator agrees to comply with all the

Fair Labor Standard Act, Equal Oppoitunity Employment Act, and all other applicable

Federal and State laws, regulations, and executive orders to the extent that the same may

be applicable and fiirther agrees to insert the foregoing provision in all subcontracts

awarded hereunder.

Operator certifies that all equipment, services and or goods provided to the City

comply with the Department ofJustice ADA Title III Regulations.


13.3 Minoritv/Women BusinessEnterprise (MWBE1 Policy: It is the

policy ofthe City that minority/women-owned business enterprises ("M/WBE") be given

fair opportunity to participate hi the performance ofservices for the City, and that prime

contractors utilize minority and women-owned subcontractors and suppliers to the fullest

extent possible consistent with the efficient performance ofthe contract.

The Operator agrees to adhere to this policy to the fullest extent possible.

13.4 The City has begun a recycling program and theOperator must

recycle as much as is practical in order to set an example for the public.

13.5 Equipment: The Operator must provide, install and maintain at

its own cost and expense, all furniture, fixtures and equipment required to operate the

facility, including any City equipment made available to him upon execution ofthe

Agreement. The Operator shall maintain all equipment, furnishings and fixtures during

the term ofthis Agieement at its sole cost and expense. Upon the expiration ofthe

Agreement, the Operator shall relinquish equipment to the City in good working order.

Further, Operator will furnish, athis own cost and expense, all expendable

equipment necessary to the successful operation ofthe facility and shall replace at his

own expense any equipment which has been destroyed or damaged with like equipment.

Upon expiration of the Agreement, the Operator shall redeliver said furniture, fixtures

and equipment to the City ingood and working order.

13.6 Reports: Amonthly report ofactivities shall be submitted to

the City's Director ofLeisure Services by the 15* ofeach month. This report can be in

the form developed by the Operator and approved by the Director ofLeisure Services.


This report shall include a monthly statement ofgross revenue and will besubject to

audit by the City Management and Auditing Department.

An annual report ofthe Marina activities, revenue, improvements and conditions

willbe prepared bytheOperator for review bythe City.

13.7 Records. Accounts and Audits: The Operator shall keep on

the Premises, orsuch other place within Chatham County, Georgia approved by the City,

true, accurate and complete records and accounts ofall sales, rentals and business being

transacted upon orfrom the Premises and shall give the City access during reasonable

business hours and upon three (3) business days' notice to examine and audit such

records andaccounts. Such records shall be maintamed as an independent certified public

accountant would need to examine in order to certifya statement of Operator's gross

receipts pursuant to generally accepted auditing standards.

Within ninety (90) days after each fiscal year, the Operator shall deliver to the

City a written annual statement ofthe gross receipts for such fiscal year. Said statement

shall becertified as true, accurate and complete by the Operator, by and through a duly

authorized independent Certified Public Accountant. The City's Auditor orhis designee

shall have the right, during regular business hours and upon three (3) business days'

notice and upon City's written request to the Operator, to audit, inspect, examine and

copy the Operator's fiscal and financial records, books, ledgers, statements, reports, tax

returns and documents relating to his agreement and Operator's revenues thereunder

throughout the term ofthis agieement and for three (3) years following its expiration or

cancellation. The Operator agrees to have such audit(s) conducted atsuch locations

within Chatham County, Georgia asare mutually convenient tothe parties.


13.8 Closinc Facilities: If closure of the facilities is due to fire

damage, flood, civic disorder, acts ofGod, etc. to some, but notall, of thefacilities, the

City will allow prorate adjustment ofmonthly payments up to the time the damage is

repaired.

Payment shall be continuous and uninterrupted and any adjustments shall bemade

bya creditapplied to the monthly payment.

14. EMINENT DOMAIN

Ifatany time during the term ofthis Agieement, title toall or substantially all of

the premises shall be taken by condemnation orby right ofeminent domain by the United

States, the State ofGeorgia orany other governmental body having the power to eminent

domain, this Agieement shall terminate on the date ofsuch taking. For the purpose ofthis

section, substantially all of the premises shall be deemed to have been taken if that

portion ofthe premises not taken cannot be economically utilized by Operator for those

purposes permitted under Section 2 of this Agreement. Operator shall be entitled to

claim, prove and receive in the condemnation proceeding such awards as may be allowed

under Georgia law.

15. FRUSTRATION OF PURPOSE

At any time during the term of this Agreement, if the governing body of any

political subdivision having competent jurisdiction over the premises should enact any

valid zoning ordinance, law or regulation which prohibits the use of the whole or a

substantial part ofthe premises for the puiposes ofthis Agreement, or ifan event offorce

143/3/15 CHy of SavannahSupplemental Responsive Documentation to 3-2-15Open RecordRequest CITY000049ORA

majeure occurs, including without limitation, declared or undeclared war, sabotage, riot

or other acts of civil disobedience, acts of government, accidents, fires, explosions,

floods, earthquakes, or other acts of God, which substantially prevents Operator's

fulfillment of its obligations as provided for inthis Agreement, it is agreed that Operator

or the City may elect, within one hundred twenty (120) days after the effective date of

such ordinance, law, regulation orthe occurrence ofthe event offorce majeure, to cancel

this Agreement and surrender possession of the premises. Any such cancellation and

surrender will act to release and discharge Operator from any fiirther obligation under

this Agreement.

16. ASSIGNMENT

Operator shall not assign this Agreement orlease any part of the premises without

the prior written consent of City. Operator shall notify City of any proposed assignment

or lease at least thirty (30) days prior tothe proposed effective date ofsuch assignment or

lease. In the event that any such assignment or lease is approved byCity, the assignee or

lessee shall agree, hiwriting, to bebound byallof the covenants of this Agreement.

17. BREACH AND REMEDIES

17.1 Breachi

The following conditions will constitute a breach ofthis Agreement and a

default thereunder:

(a) If Operator fails topay management fees or fulfill any other monetary

obligation ofOperator to City, and Manager fails to cure such monetary deficiency within

ten (10) days ofwritten notice from City toOperator ofsuch monetary deficiency.


(b) If either party fails toperform any of itsother non-monetary

obligations under this Agreement when due or called for, and the party in default fails to

sure such monetary deficits within thirty (30) days after written notice from the non-

defaulting party ofsuch non-monetary defect; provided, however, that if the nature ofthe

non-monetary defect is the result ofa force majeure occurrence or isotherwise ofa

nature such that it cannot befully cured within that thirty (30) day period, the party in

default shall havesuchadditional tune as is reasonably necessary to cure the defect so

long as the party indefault is proceeding diligently to complete the necessary sure after

service of notice by the non-defaultingparty.

(c) If Operator shall beadjudged bankrupt, or a receiver beappointed for

Operator's propeity, orifOperator's interest inthis Agreement shall pass by operation of

law toany person other than Operator and such adjudication, appointment ororder is not

vacated, dismissed, or set asidewithinone hundred and twenty (120) days from its entiy,

theCity shall have theriglit to file its proofof claim tothefoil amount owed byOperator

under the tenns of this Agreement.

17.2 Remedies

If any conditions identified in subsection 17.1 above should occurandthe party in

defaultdoes not sure the defect, the non-defaulting partymay elect to terminatethis

Agreement immediately and seek all remedies as provided under law and equity.

18. NOTICES AND CONSENTS

All notices, demands, requestsor repliesprovided for or permitted by this

Agreement shall beinwriting and may bedelivered byany one ofthe following


methods: (1) bypereonal delivery; (2) by depositing with the United States Postal Service

as certified or registered mail, return receipt requested, postage prepaid to theaddresses

stated below; (3) byprepaid telegram: or (4) by deposit withan overnight express

delivery service. Notice deposited with theUnited States Postal Service in themanner

described above shall bedeemed effective three (3)business days afterdeposit with the

Postal Service. Notice by telegram or overniglit express delivery service shall bedeemed

effective one (1) business dayafter transmission to the telegraph company or after

deposit with the express delivery service. Notice bypersonal delivery shall bedeemed

effective at the time ofpersonal delivery.

For purposes ofnotice, demand, request, reply or payment, theaddress of City

shall be:

With a copy to:

City ManagerCity ofSavannahP.O. Box 1027

Savannah, GA. 31402

City AttorneyP.O. Box 1027

Savannah, GA. 31402

Address ofOperator shall be:

Golden Marina Enterprises.14915 Coffee BluffRoad,Savannah, GA 31419

With a copyto: Thomas Ray Golden123 Rose Dhu WaySavannah, GA 31419


Each party shall have the right todesignate a different address within the United

States ofAmerica bythegiving of notice in conformity with thissection.

Whenever theterms of thisAgreement require Operator toobtain theconsent of

the City, a request for such consent shall bemade inwriting to the City through foe City

Operator or his designee at the address specified herein. Operator shall beadvised of the

City's decision bywritten response mailed to Operator's address specified herein within a

reasonable time.

19. GOVERNING LAW

This Agreement and therights and liabilities of theparties to theAgreement shall

begoverned bythe laws of theState of Georgia. If anyprovision of thisAgreement is

invalidated byjudicialdecision or statutory enactment, the invalidity ofany such

provisionwill not affect foe validity ofany other provisions of the Agreement.

20. CAPTIONS

Captions in this Agreement are included for convenience onlyand arenot to be

taken into consideration in anyconstruction or inteipretation of thisAgreement or any of

its provisions.


3/3/15

IN WITNESS WHEREOF, the City and Manager have caused this

Agreement to be executed in multiple original counterparts, which constitute the

same instrument, on the date stated above.

(SEAL)

(SEAL)

THE MAYOR AND ALDERMAN OF THECITY OF SAVANNAH

BY: yJtdfr 'Ca.1^- \^'CftXc«-i—CITY MANAGER

WAUCOUNCIL

GOLDEN MARINA ENTERPRISES, INC.

BY:

THOMAS RAY GOL

ATTEST:

19CHyof Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000054ORA

EXHIBIT A

Rental/Service Fees & Increases

Vessel Hoist - $20.00 In-Out- Add$1.00per foot for over20 Feet. Theuse ofspreaderbare and extra straps will result in an additional fee of$10.

Wet Slip Dock Space

Long term (annual contract) $12 per foot per month with unlimited boat hoist use$10 ifpaid by the 5th ofthe monthShort term (month to month) $13 per foot per month with unlimited boat hoist use$11 ifpaid by the 5th ofthe monthTransient $1 per foot per dayo Rates are based on foe measured length of the vessel includingboat, motor,

and alt appendages.© Annual and month to month leases require one month security deposit and

tenant's adherence to marina's rules and regulations.

Uncovered Storage in Parking Lot

Overnight parkingis $5.00per night. A maximum of ten (10) boatsmay bestored overnight, (on the west side of foeparking lot)

Kayak Launching

$5 per kayakper day

In addition, it is our desire to bring shore power back to the docks by the end of2014. Atthat time, we will allow for electrical rental in the followingformat:

30 amps $40 per monthor $3 daily50 amps $60 per month or $5 daily100 amps $90 per month or $10 daily


Exhibits

STANDARD OPERATING PROCEDURES

1. Hours ofOperation: May Is' thiough Labor Day 6:00 am to 8:00 pm seven daysper week. From the Tuesday after Labor Day until October 3lsl daylight until6:00 pm seven days per week. From November lsl through February 28th 7:00 amto 5 pmsix days per week as the marina will be closed on Wednesday. FromMarch Is' through April 30,h daylight until 6:00 pin seven days per week. Themarina will be closed on Thanksgiving and Christmas.

2. Only boat owners and their guest will beallowed on thedocks. Any childrenunder the age of 10mustweara lifejacket whileon the docksand be supervisedby an adult.

3. No loiteringor trespassingafter business hours except for tenants.

4. Restroomswill only be open during business hours.

5. No smoking is permitted within anystructure within 100feet of fuel pumps orassociated apparatus.

6. Any vessel put in by the marina's boathoist and requiring to be liftedout foesameday must returnto the hoistat least30 minutes prior to closeofbusinesshours. Any vessel that has not returned by this time will be subjectedto anovernight docking fee hi accordance to transient wet slip rentals.

21


WET SLIP RENTAL AGREEMENT

Annual Lease

GOLDEN MARINA ENTERPRISES, INCD/B/A

COFFEE BLUFF MARINA

Vessel Storage Lease and Rental Agreement

Slip // Account ti_

Tenant Name Date:,

Home Address: City: Slate: Zip:_

Billing Address: City: State: Zip:.

Home Phone: Business Phone: Cell Phone:

Vessell Name: StateRegistration No. Length:

Beam:. Manufacturer: Year: Model:

VesselColor: (the "Vessel").

In consideration of the rents and covenants hereinafter set forth, , as landlordhereunder ("Landlord") leases to Tenant, and Tenant leases from Landlord, the Premises ( as defined inParagraph 2 herein) upon the terms and conditions of this Vessel Storage and Lease Agreement (thisAgreement) entered into and dated asof: , Year: (the "Effective Date").

This agreement must beaccompanied byeither a credit card orbank debit authorization unless other creditterms are mutually agreed upon between Landlord and Tenant. Tenant hereby authorizes Landlord tocharge the credit or debit card identified below for all purchases, when they occur, and all rental storagecharges, on the first day ofeach month. Authorization willbe cancelled on thesame date Tenant's Vesselis removed from the Marina (as defined in Paragraph 2 of this Agreement) and (herequired advance noticeisgiven bytheTenant to Landlord and Tenant hasmet all theterms of this Agieement:

CREDITCARD Visa( ) MC( ) CardNumber: Exp:Amex( ) Cardholder Name:

Cardholder Signature:.

1) Term. The term of this Agreement shall begin as of , Year (the"Commencement Date") and expires on , Year . THIS ISAN ANNUALLEASE AGREEMENT WHICH SHALL BE AUTOMATICALLY RENEWED FORADDITIONAL PERIODS OF ONE (1) YEAR EACH, UNLESS TERMINATED BY EITHERPARTY, GIVING AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO THEOTHER PARTY, PRIOR TO THE END OF ANY ONE (I) YEAR TERM.

22


2) Premises. Tenant hereby leases from Landlord that certain (boat slip/storage space) propertyowned by Landlord and called Marina (the "Marina") which storage space shall be hereinafterreferred to as the "Premises".

3) Rent. Please initial front of one of the letters below for either: (A) Yearly payment or (B)monthly payments.

(A) Tenant shall pay Landlord rent for the Premises in the sum of $ per year, whichamount shall be subject to change by Marina commencing on the 1" anniversary of theCommencement Date and continuing at any time thereafter upon 30 days prior written notice toTenant.

If the aforementioned beginning date is other than the fust day of the calendar month, then the rentalshall be prorated for the first month from such beginning date.

_(B) Tenant shall pay Landlord such annual rent which is divided into twelve equal monthlyinstallments of $ in advance, on the first day of each calendar month, without setoff,deduction, prior notice or demand. If the Commencement Date is other than the first day of thecalendar month, then therental shall be prorated for the first month from such date. First month's rentis S prorated from the Commencement Date. Rent shall be subject to change byMarina commencing on the l" anniversary of the Commencement Date and continuing at any timethereafter upon 30 days priorwritten notice to Tenant.

4) Termination. Termination can occur upon prior notice as set forth within Paragraph 1 above.Landlord reserves the riglit to terminate this Agreement immediately withoutnoticeupon Tenant'sviolation of any Rules and Regulations or in the event of risk to public safety or health. If theVessel remains at the Marina following the termination of this Agreement, and without limitingthe rights of Landlord, Tenant will be obligated to pay theapplicable daily fee until theVessel isremoved from property. Annual Contracts terminated by Occupant prior to annual renewal datewill be charged a penalty figured as follows: the number of months remaining on the contractmultiplied by 150% times the monthly rate. Tenant authorizes Inndlord to charge Tenant'scredit card on file for this amount upon early termination.

5) Fees.(A) In addition to theannual rent duehereunder, Tenant shall be obligated to pay a fee/fees

for the use of utilities and other services at the Marina in an amount of $ permonth, which amount may be adjusted by Landlord to account for any increase in thecost ofsuch services.

(B) If Tenant fails to pay any rent or other sums due under this Agreement within five (5)days after the due date of anysuch sum, Landlord shall have theright, at its sole option,to charge a late fee of $25.00 for each month therent is unpaid. Furthermore, if Tenantfails to pay any rent or other sums whenduehereunder, Landlord shall have theriglit toprohibit Tenant's access to the Premises and its Vessel until such time as Tenant paysany overduerent or other monetaryamount.

6) Lien. Tenant acknowledges that Landlord has, and shall have, a lien upon the Vessel and herappurtenances and contents, for unpaid sums due Landlord for theuseof (he Premises and otherfacilities/services at the Marina, or for damage caused or contributed to/by the Vessel or theTenant, his guests, invitees or agents, to any docks, or other property at the Marina or any otherperson at the Marina, in accordance with the lien law of the State in which the Marina is locatedand the Federal Maritime Lien Act.

The propeity which Tenant intends tostore isnot subject to any security interest or Hen.

The Propeity which Tenant intends to store is subject to a security interest or Hen infavor oft ( Name and Address)

7) Use & Conditions. Subject to all laws applicable to thePremises, Tenant shall have the right touse the Premises as a Vessel storage space only. The Premises is to be used at the sole risk ofTenant. Tenant, his heirs or assigns, hereby waives any and all claims against and releases

23


Landlord from any and all liability or responsibility to Tenant or anyone claiming through orunder Tenant for any loss or damage for personal injury loss of life, to the Vessel and any otherpropeity of Tenant (personal or otherwise) and any ityuiy to Tenant, his family, guests,employees, invitees, or agents related tothe use of the Vessel, the premises or the Marina and ItsfaciUties, and Tenant, his heirs and assigns, shall protect, defend indemnify and save Landlordharmless from any and all claims, penalties, ordemands, including court costs and attorney fees,including appeals, whatsoever arising, directly or indirectly, out of or from (a) the use oroccupancy of the Premises or the Marina by Tenant, its heirs and assigns, guests, employees,invitees oragents; (b) any breach ordefault in the performance of any obligation of Tenant; and(c) any act, omission, or negligence of Tenant, its heirs and assigns, agents, guests, licensees,invitees or employees. Additionally, Tenant, his heirs and assigns releases and agrees toindemnify and hold harmless Landlord from any and all liability for, or loss or damage to theabove described property orthecontents thereof, due to thetheft, collision, windstorm, accident orlike causes. Landlord is not considered under this Agreement as an insurer of any Tenant'spropeity, and Tenant shall secure such insurance. Landlord wHl not be held responsible forcontents of the Vessel, such as fishing equipment, life preservers, ski or electronic equipment orany other items of personality left orstored in theVessel. Tenant isadvised to remove all itemsnot permanently attached to the Vessel while Vessel is in storage. Tenant hereby accepts theconditions of the premises ( including slip, dry storage area and Marina) "AS IS" and Tenantacknowledges that Landlord makes noexpress or implied warranty asto thecondition of theslip,the water, the depth of the water, the common areas, or any utilities, gangways, fences, doors,locks or any other aspectofthe Marina.

8) Access. It is theTenant's responsibility to control those persons using theVessel by maintainingkey security. Landlord has no needor desire to haveaccess to Tenant's keys and Landlord shallhave no liabilitywhatsoever related to any such keys.

9) Insurance. Tenant agrees to have the Vessel covered by a fttll marine insurance package (hullcoverage as well as indemnity and liability coverage) with liability insurance in an amount as maybe reasonably requested by Landlord from time to time but not less than $300,000.00. TheLandlord also requires that the Marina and Landlord be named as an additional insured onTenant's policy. Tenant shall be required to file in the office of the Marina a copy of thecertificate of insurance demonstrating compliance with the terms hereof. Such certification shallbe filedon or before the Commencement Date. Thereafter, Tenant shallbe required to maintain inthe office of the Landlord, a current, up-to-date copy of the certification of insurancedemonstrating compliance with the terms thereof. Said policies shall not be cancelled for anyreason unless and until Landlord is given thirty (30) days notice in writing by the insurancecompany. All such certifications shall be filed with Landlord, on orbefore theexpiration date ofthe previously filed certificate of insurance. Failure to provide such information upon five (5)days written noticeshall be a default hereunder and Landlord may remove the Vessel at Tenant'expense from the facility. In the event that Tenant's crew, passengers, or guests should make aclaim for anyinjury or loss whatsoever while moored at the Marina, theTenant shall present saidclaim to his/her insurance carrier.

I haveinsurance from my own insurance agent or company, (initial).Name ofCompany: Policy Number:Policy Expiration Date

10) Relationship between Parties. It ismutually agreed that Landlord shall not beheld liable inanymanner for the safekeeping or condition of the Vessel and is not responsible therefore aswarehousemen, liveryman orbailee, butthat therelationship between theparties is simply that ofLandlord and Tenant, and it is understood and agreed by Tenant that Landlord will not beresponsible or liable for any damage or loss to or of the said Vessel, its Tenant or inviteesoccasioned by anycause uponthePremises or the Marina.

11) Condition of Vessel and Equipment. Tenant warrants that Tenant will, at Tenant's expense,maintain its Vessel and equipment ina clean, seaworthy, sanitary and fiiUy operational conditionatall timesand that itsVessel will be regularly repaired and maintained. Tenant's Vessel shall beable to get underway under Vessel's own power with her crew, and shall not create a fire hazard,

24


eyesore, or sinking hazard. Tenant shall keep the Vessel properly moored and dry within at alltimes.

12) Assignment. This Agreement is for the use of Vessel storage for the above described Vesselonly. Tenant may not transfer or assign this Agreement or sublet the whole or any part of thePremises.

13) Endnngerment. All persons causing injury or damage to other persons, piers or other Vesselsshall be liable therefore, and violations of basin rules, disorder, or indecorous conducted by apatron, his crew or guest that might injure a person, cause damage to property, or harm (liereputation ofthe Marina and Landlord, is cause for immediate removal of the Vessel in questionfrom the Premises. Children and pets must be controlled by Tenant to ensure the peace andprivacyof other Marina guests. Tenant agrees that he/she will indemnify and hold harmless theLandlord, its agents and employees from and against any claims, damages, losses and expensesarising out of the acts caused in whole or hi partby the Tenant's negligent act or omission or thatofanyone employed by Tenantor forthosewhoseactsthe tenant may be liable.

14) Loss or Damage. MARINA IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THEVESSEL , INCLUDING, WITHOUT LIMITATION, SPEEDOMETER PICKUPS, DEPTHSOUNDER, TRANDSDUCERS, TRIM TABS, OR ANY OTHER ITEMS ATTACHED TOTHE BOTTOM AND/OR TRANSOM OF THE VESSEL. LANDLORD IS NOTRESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY VESSEL OR THEVESSEL'S COMPATIBLITY WITH MARINA VESSEL HANDLING EQUIPMENT ORSTORAGE SUPPORT SYSTEMS. Tenant further covenants and agrees that Landlord shall notbe liable to Tenant or his/her agents, guests, oremployees for any damage to themor their personsor propertyarising from, but not limited to theft, burglary, water, rain, snow, wind, hail, ice, sleet,fire, frost, storm, or accidents not the negligence of others that may cause damage of any kindwhatsoever. The Marina assumes no responsibility for personal injury or death to the owner, hiscrew, family, guests anywhere on the premises or docks. Damage allegedly occurring while theVessel was in storage or undergoing movement or repair must be immediately reported to theManager before the Vessel leaves the dock. Tenant acknowledges that the Vessel may incurminordamage as a resultof normal handling. Tenant further acknowledges that theft, vandalismand damage due to dock conditionsare problems inherent to Vessel storage and that the landlordneither guarantees or implies the security or condition of any stored craft or shall be held in anyway responsible for securityorcondition ofstored property

15) Equipment. Mechanical failure of Landlord's equipment at the Marina is sometimesunavoidable. Landlord will use commercially reasonable efforts to avoid unduedelay related toVessel's storage due to mechanical or personnel reasons.

16) Environmental. Tenant shaU keep the Premises and adjacent areas at the Marina clean andorderly and in a first classcondition. Tenant, its agents, employees, invitees, or guests shall notdump any solid waste (whether biodegradable or not) on the Premises or the Marina or in thewaters adjacent to the Marina. In addition, there shall be no dumping, generating or storing byTenant, oranyof it's agents, invitee'semployees or guests, ofany gasoline, oil, pollutants, or anyother hazardous materials. Tenant shall indemnify andsave Landlord harmless from and againstall costs, expenses, Injunctions, fines, penalties and attorney's fees imposed against and incurredby Landlord either directly or indirectly from breach of this Paragraph 14 by Tenant, its agents,employees, guests or invitees. Tenant shall not store or cause or permit to be stored anyflammable materials on the Premises or the Marina.

17) Vessel repairs. Neither Tenant nor any outside contractors, service organizations or individualswill be allowed to undertake any work on the Vessel in the Marina complex without the priorwritten consent ofLandlordand proof of$300,000.00 liability insurance.

18) Advertising. Advertising orsoliciting shall not be permitted on the Vessel otherthan Vessels thatmay be for salethrough the Marina and any such advertising shallbe subjectto Landlord's priorwrittenapproval.

19) Equipment Compatibility. Should a question arise whether or not a Vessel is rack storable/andor forklift movable, it shall be the Tenant's responsibilityto seek throughVessel manufacturer, ananswer to the question. Marina shall not be held responsible for damage to any Vessel notdeemed rack storable and/or forklift moveable and any such damage shall be at the sole cost andexpense ofTenant.

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20) Default. If one ormore of the following events ( herein called an "Event of Default" or"Eventsof Default") shall occur and shall be continuing at the time any notice required to be given isgiven as hereinafter provided, that is to say: (i) if Tenant shall fail to pay any rent or othermonetary amount within five (5) days after same is due in accordance with the terms of thisAgreement; or(ii) if Tenant shall fail tokeep orperform orabide by any other requirement, term,condition, covenant, oragreement of this Agreement orof theRules and Regulations nowineffector hereafter adopted or of any notice given Tenant by Landlord pursuant to the term's of thisAgreement and such default shaU continue for a period often (10) days after notice to Tenant ofsuch default; or (Hi) if Tenant's interest in this Agieement or the Premises shall be subjected toanyattachment, levy, or sale pursuant to any order or decree entered against Tenant in any legalproceeding and such order ordecree shall not bevacated within fifteen (15) days of entry thereof.Upon theoccurrence of an Event of Default, Marina, in addition to all other rights and remediesprovided by law shall have the right without notice ordemand and at the option of the Marina,immediately to terminate this Agreement, tore-rent the Premises, with orwithout terminating thisAgreement, and to collect from theTenant anydamages resulting from the default, including butnot limited to, reasonable attorney fees andLandlord shall have the right to accelerate any rentorother monetary amounts which would have been due over the remainder of the term of theAgreement. Upon any re-entry pursuant to this paragraph, Landlord may, without liability toanyone for trespass orconversion, remove theVessel and any other propeity located in or aboutthe Premises, whether belonging to the Tenant or otherwise and store suchVessel and/or propertyat theTenant's expense. The Vessel and/or property so removed or left upon the Premises shallbe deemed abandoned if the Tenant has made no written demand for it within ten (10) days of thetermination of this Agreement orTenant's paymentof expenses, ifany, incurred by the Landlordin removing andstoring theVessel and/or property. If theTenant, however, makes no demand orif the Tenant fails to remove the Vessel and/or property, Landlord shall be entitled to a lien andsecurity interest in the Vessel and any such propeity so removed securing the payment of anysums owed by the Tenant to Landlord under this Agreement. With respect to such securityinterest, Landlord shallhave all the rightsofa secured creditorunderapplicable law.

21) Limit of Liability. If, notwithstanding the limitations of liability contained in this Agreement,Landlord should be determined to be liable to Tenant for damages to person or propeity,Landlord's ability shall be limited to a sum equal to the reimbursement of Tenant's applicableinsurance deductible upon proofor payment by the Tenant. In no event shall Landlord be Uablefor consequential damages or economic loss regardless of cause of the loss or claim offorseeability.

22) Live aboard. Tenant agrees that the Vessel may not be used as a live aboard or otherwise as aplace ofresidence unless previously agree to in writing by the Landlord.

23) Amendment. Landlord reserves the right to amend this Agreement and/or the rules andregulations to be promulgated by Landlord from tune to time. Landlord shall provide Tenant withthirty(30)days prior written noticeofanychanges to same.

24) Vessel in Peril. Only pleasure Vessels, in good and seaworthy condition, and under their ownpower shall be permitted to enter the Premises. In the event an emergency occurs, Landlordreservesthe right but not the responsibility, to take such actionsas it deems necessaryand prudentto safeguard the Vessel, its Premises, adjacent Vessels, or propeity of Landlord. Landlord shallhavethe right, but not the obligation, to move and operate the Vessel during emergencies or forthe making of repairs when required, at the solediscretion of the Landlord. Landlord shall havethe right, but not the obligation to board the Vessel in order to pump out said Vessel if it isdetermined by the Landlord to be in danger ofsinking. Tenant shall reimburse Landlord for suchservices upon demand therefore, and Marina shall have the right to collect the same under theprovisions ofthis Agreement

25) Rules and Regulations. Any rules and regulations promulgated by Landlord and posted in aconspicuous place on the Marina or otherwise made known tothe Tenant including any additionalrules and regulations promulgated by Landlord concerning this tenancy and made known toTenant by conspicuous posting or otherwise, are made a part of this Agreement, and Tenant shallcomply atall times with such rules and regulations. Rules and regulations maybe amended fromtime to time by Landlord withoutprior writtennotice to Tenant.

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26) Non Waiver. No waiver of any breach of any obligation or promise contained herein shall beregarded as awaiver of future breach of thesame orofany other obligation.

27) Attorney's fees andJury Trial. In theevent of Tenant's breach hereunder, and Landlord retainsan attorney to represent it with connection with such breach, then Tenant agrees to pay toLandlord ail reasonable attorney fees incurred by Landlord in connection therewith. If Landlordbrings legal action in connection therewith, thenTenant shall pay to Landlord allcosts, expenses,and reasonable attorney fees in connection therewith. In the event ofany Htigation arising out ofthis Agreement, and in the event Landlord prevails, Landlord shall be entitled to recover all costsand attorney's fees incurred in addition to the relief granted. Landlord and Tenant waive theirrespective rights to trial by jury of any cause of action, claim, counter claim, or cross complaintbrought by either Landlord against Tenant orTenant against Landlord on any matter arising outof, or in any way connected with this Agreement, Tenant's use of the Premises, or any claimofbodily iqjury or property damage or the enforcement of any remedy under any law, statute orregulation.

28) disunity and Condemnation. If any part of the Premises or the Marina is damaged or destroyedby fire, storm, Act of God, or any other casualty, or if any partof the Premises or Marina is takeforany public or quasi-public use underany governmental law, ordinance, or regulation by riglitof eminent domain or by private purchase in lieu thereof, Landlord shall have the right toterminate this Agreement upon prior written notice to Tenant.

29) Compliance with Laws. Tenant shall comply with all requirements of any State or Federalstatute, law or local ordinance or regulation applicable to Tenant or its use of the Premises,adjacent waters, or entry onto the Marina and shall save Landlord harmless from penalties, fines,costs, expenses or damages resulting from failure to do so.

30) Notice. Any notice given by either party to this Agreement to or on the other shall be in writingand shall be personally delivered or forwarded by registered or certified mail, return receiptrequested, or by nationally recognized courier service providing written confirmation of delivery,to the addresses of the partiesspecified in this Agreement. Notice shall be deemed to have beengiven or served on the delivery date indicated by the United States Postal Service or courierservice on the return receipt or on the date such delivery is refused or marked "undeliverable"unless Tenant or Landlord (as the case may be) is served personally, in which event the date ofpersonal delivery shall be deemed in the effective date of notice. Either patty may be change itsaddress by providing written notice as specifiedherein; provided, however, all addresses providedmust be the actual street address ofa residence or business establishment.

31) Transfer of Landlord's Interest. The term "Landlord" as used in this Agreement means onlythe owner or the mortgagee in possession forthe time being of the land and building or the ownerof the lease of the building or of the land and building of which the Premises are a partso that inthe event of any sale or sales of land and building or said lease, or in the event of a lease of saidbuilding, or of the land and building, said Landlord shall be and hereby is entirely freed andrelieved of all covenants and obligations of Landlord hereunder and it shall be deemed andconstruedwithout furtheragreement between the parties or their successors in interestor betweenthe parties and the purchaser at any such sale or the lessee of the building or of the land andbuilding, that the purchaser or the lesseeof the building has assumed and agreedto carryout anyand all covenants and obligations of the Landlord hereunder. Landlord's assignment, sale ortransfer of the Agreement or of any or all of its rights herein shall in no manneraffect Tenant'sobligations hereunder. Tenant shall thereafter attorn and look to such assignee, as Landlord,provided Tenant has first received written notice of suchassignment of Landlord's interest.

32) Subordination. This Agreement is subject and subordinate to any first mortgage or first deed oftrust now or hereafter placed on the propeity of which the Premises is a part; provided, however,thatattheoption of the first mortgagee thisAgreement or portions ofthis Agreement canbe madesuperior to the first mortgage ordeed of trust; provided further that unless theentire Agreement ismadesuperior to such first mortgage ordeed of trust, theholderof said mortgage or the trustee ofsuch deed oftrust shall agreethat this Agreementshallnot be divested or in any way affected by aforeclosure or otherdefault proceedings under said mortgage, deed of trust or obligations securedthereby, so long as Tenant shall not be hi default under this Agreement; and Tenant agrees thatthis Agreement shall remain in full force and effect notwithstanding any default proceeding undersaid mortgage, deed of trustor obligation secured thereby, including foreclosure. Tenant fiirther

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agrees that it will attorn to themortgagee, trustee orbeneficiary of such mortgage ordeed oftrust,and their successors or assigns and to the purchaser or assignee at any such foreclosure. Tenantwill, upon request by Landlord, execute and deliver toLandlord, orto any other person designatedby Landlord, any instrument or instruments required to give effect to the provisions of thisparagraph.

33) Use of slip/relocation. The Landlord has the soleresponsibility for management and assignmentof docks, whether for members, their guests, members of other Marinas, or public guests.Landlord reserves the right to change slip assignments/storage spaces, as well as any access ways,parking and similar areas, as necessary, at landlord's sole discretion. Tenant may elect toterminate this lease ifTenant so notifies Landlord in writing within ten (10) days after notice ofthe change; providing, however, thatsuch termination shallnot affect any obligations ofTenant tothe Landlord as of the date of the notice. When not occupied by Tenant, Landlord and/or Marinamay utilize empty berths or slips, without accounting to Tenant. Landlord reserves the right tomove the Vessel at the Tenant's risk and expense. Undertaking to move the Vessel will not bedeemed an assumption or responsibility for the safety, security and care of the Vessel byLandlord, nor will Landlord be deemed a bailee.

34) Surrender of Slip. Upon termination of the Lease, Tenant shall suirender to Landlord thepremises in good, clean condition and remove the Vessel and all personal property associatedtherewith. Any personal property not removed at the date of termination may be disposed of bythe Landlord in any manner the Landlord decides and Tenant waives all claims against Landlordas a result thereof.

35) No Alterations. Tenant shall take good care of the Premises and, at the expiration or soonertermination of this Lease, surrenderand deliver the Premises to Landlord in as good condition nswhen received by Tenant from Landlord, reasonable wear and tear excepted. Tenant shall notmake any alterations, additions, or improvements in or to the Premises.

36) Tenant's Liability for Damage to Marina. In addition to all ofthe other liability and obligationsofTenant to Landlord set forth above and hereafter, Tenant agrees to pay to Landlord any and alldamages suffered by landlord as a result of any damage caused to Marina and/or Premises byTenant or Tenant's Vessel, includingbut not limited to damage to docks, pilings, bulkhead, utilitylines, and any other real or personal property in which Marina has an interest. As used herein,damages include all damages which Landlord may suffer including, but not limited to, propertydamage, business interruption damage, personal injury, and any other damages, includingincidental and consequential damages, be they direct or indirect and regardless of whether thedamage is aggravated or incurred hi whole or in partby the negligenceof Landlordor its agents,representatives, employees, invitees, partners or any otherperson, firm or entity.

37) Entire Agreement. This Agreement contains the entire agreementof the partieswith respect toits subject matter, and all prior or contemporaneous agreements, whether oral or written arehereby merged into this Agreement.

The parties have hereunto set forth theirhandsand sealsthis the dayof , 2009.

Tenant: Landlord:

Signature By:_Name:_Title:"

283/3/15 City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000C63ORA

Documents

Emails, letters regarding the Coffee Bluff Marina