2018 and ends at 7:00 p.m. on August 12, 2018. There is no fee associated with thePermit. The City m
ust leave the area in the same condition as it was found.Request authorization to execute the Amendment to Lease Agreement whereby thelease term for the mobile unit used as a Police training classroom is extended to May
31 , 2021. (TMS: 466-00-00-001; 1950 Milford Street)Approval of a Temporary Access and Sand Disposal
Agreement and Permanent JettyAccess Agreement with South Carolina State Ports Authority for stabilization of MorrisIsland Jetty (TMS: 450-00-00-013)Update on acquisition related to the Clements Ferry Road Fire Station location. Actionmay or may not be taken.
h. Executive Session: Discussion relating to the City's purchase of real properties (primaryresidenc
es) damaged during the storms and flooding that led to a Federal EmergencyManagement Agency (FEMA) Major Disaster Declaration in October 2015 andsubsequent Grant Program Funding. Action may or may not be taken.In accordance with the Americans with Disabilities Act, people who need alternative formats, ASL (AmericanSign Language) Interpretation or other accommodation please contact Janet Schumacher at (843) 577-1389or email to schumacheriacharleston-sc.eov three business days prior to the meeting.
ACTION REQUEST:TO enter into a Special Use Permit with the U.S. National ParkService for the First D
ay Festival at Liberty Square. The Permitbegins at 5:00 am on August 10, 2018 and ends at 7:00 pm onAugust 12, 2018. There is no fee associated with the Permit;City must leave the area in the same condition as it was found.The request has been coordinated with:
A II supporting documentation must be includedSi natureDepartment HeadLegal DeptReal Estate Mgmt. Di
rectorFUNDING: Was funding needed? Yes NoIf yes, was funding previously approved? Yes No*If approved, provide the following: Dept/DiV.AttachmengBalance in AccountAmount needed for this itemNEED: Identify any critical time constraint(s).rded at the RMC's Office?•Commercial Properw and Community & Housing Development have anadditional form.
DAY FESTIVAL BEGINNING ON AUGUST 10, 2018 AT LIBERTY SQUARE.Request approval of Special Use Permit w
ith the U.S. National ParkService for the First Day Festival at Liberty Square. The Permit beginsat 5:00 am on August 10, 2018 and ends at 7:00 pm on August 12,2018. There is no fee associated wüh the Permit; City must leave thearea in the same condition as it was found.
843.8602233hem-by to folEVhg landLiberty Square, including shade shelters and one set Ofthe parallel
walkways that lead beWeen the parking and the memorialfountain. NO equpment set-up is approved for locations directly in front Ofthe Fort Sumter Visitor Center or South Carolina Aquarium.The area to its the theThe Wmit begin at 5:00 am/ pm on 08/102018 The permit exøresat7:OOO am 035212018
13.(permittee irit•i)This may not be tmnsferred or assigned VRhout the prior Mittm of7ho pern*tøe ex
erclse this eubject to suparvSion of Superintendent or designee, and shall comply all applicableFederal, State, county and mmicjpal ordinance, egulators. eodes. and the terms and conditions olthis permit. to JO so may resultthe immediate suspens\on of the permitted activity or the revocabon of permit. All costs clean damape •airs
a the Of(permittee initial)The perrnittee is responsile for mekhg contacts æ-rmgemenb State, and bca
l *tiesInspections, pemils, Iiænses. etc.(peminee ingThe area associated wsth this remain open and tc durirÜ pad visitm hours. This pemlt gzanteeexclusive use of an area. Permit Rdivtues not undub' inteftre Wth other park VSSitom' use of the area.(permitteeThis perrnit may be revoked at the of upon 24(permiNee inlial)This may revoked if to or threatened. anyof the permit 10 the cantrzry.(pemtteeThis permit made upon express that Mie Unded Slates. its agents employee shag be fee from Gabübes and claims fordamages and/or suits for or by reason any injuries, ar death to e ny person or *'sans Or property Of an/ Whatsoever. toperson property o: the Pemäiee, its agents or ernployees, or th%d padies. from any cause or causes or upon seld premisesany the term Of permit or by occupancy or Of premBes o' any —med by thePemiuee In connection herevMh. aitsSecPermittee agrees to general "wurance against claims occasiM1ed by the adlon or omissions of permit* agentsemployees in carrying out the activities opentiong by The the amount OfOccurrence, Aggregate and under-vattten by a United States company narnlng the United States of Arnerice as additionalThe permittee Superintendent a Of the proper prior 10 the datepen-nit.(perminee S—u-Permittee agres to deposit wth the park a bend in the Of frun an authorized bondhg or in the fomi of orCash to that to the park(pemittee initial)Costs irrurred by par* as a result of aæepting and the application and manage-.g and monitoring per-milted activny beby he permiüee. Adminlstrath•e costs and estimated costs 'm site must be when the permit is approved. If anyadditional COS15 are by the the paidactual casts Incuned; the difference be returned to the permittee.(pen-nitlee initial)The person(s) named on pernn as in Nrge of the permitted adivity orWte must have ft.n auttnriy to make any declsiorw abu theand must remain avalable at be —ponsiNe all indivüals, grot»s. vendors. involved wah theNothing Shall binding the 10 year my made byCongress or administratively 'cr the purpose of this permit for hscal year, or to involve tie Service In any contract or other obigationfor the further Of in Of such approprtauons Or(permittee initial)If any provislm Of shall be to be invalid or unenforceable, the remainder of this pennil not be affeded and theof permit shall vat" and be enforæd to the ftNIest extent permMed by law.(pernüttee
BELONGING TO THE NATIONAL PARK SERVICEAdivüles not have a ne"ive Impact the visiting (i.e. walkways
crwaysides). along with eÜment and mated*used be sub-eM to approval on the day of event by NPS omcial.The maximum rumber Of appmmately _ÅQ—•(p ematee initial)(penttee inu)All permitted must be done in a manner that does not damage or deface par* property. Penatee is responSIE& for a' damage The areamust be In the same condition as it wag found. All trash. debris and support must be 7:00pm on Sunday. Agust 12.201bEvent vehides, in,euding motonzed carts and/or UTVs be utilized for support serv#a The aquarium road is to be tzed for loadingand NO parking permitted.(permittee iniial)NPS Form 10.930 (Rcv 03/2016)OMBcmtml No.Expiration 0B'31n016
plies. generatcrs. and mede equipment. The set-up and break-down will be provided by City of Charleston: no setupassistance or will be provided by National SeNiæ. City of Charleston coordinate the Nünal Part Servze onsetup Naming *Bide Liberty Square(perm 'Eee Initial)NPS assume no liablity be responsIbEe for any toremoved as a 01 permitee's failure abide by fie coMuons ofthls The permittee for any dunage duringwo resparslble for any
30.darnage to Federal pmperty.shay remove an rash and lecvding vaste generated by he event Liberty S
quare.(pemittee i nlial)In the case of an inczent per-mite should dial 911 for emergencies and all Inddenu shnld be reparEd to NPS at (843) 998-2738.is 2S long the FOR and d not Cityof Charleston noise ordlnancæ.(pemÄtee Initial)Permittee is authoüed to printed that it is not cmnmexial Advertising. means message-bearingmaterials. Distributed itm' must given away free Of any expeeflons Such as paymerl. membemhb, or businßg.Can in areas.(Rrmittee Iritial)Fort Sumter Netiond Momrnent a zero toinnce to be ded arresM.Cogs must be kept physical at an or a leash nol to exceed Six feet in(Penn I ttn initial)at FM by AS anyof anima& is(perm Mee Initial)
a. During the term of the Special Use Permit, the City ofCharleston shall keep in force at itsexpens
e, public liability insurance (provided by the South Carolina Insurance Resewe Fund orother insurance provider chosen by dle City) with a limit not to exceed the amounts listed belowfor damages as the result of any one occurrence including damages for care and loss of services,because Of personal injury sustained by one or more persons, because of all property damagesustained by one or more persons or organizations, or by any combination ofpersonal injury orproperty damage sustained by one or more persons ora)
TMS: 210-00-00-171PROPERTY OWNER: Alumax of South Carolina, Inc.ACTION REQUEST: Request authorizatio
n to execute the Amendment to Lease Agreementwhereby the lease term for the mobile unit used as a Police trainingclassroom is extended to May 31 , 2021.ORDINANCE: Is an ordinance required? Yes NoCOORDINATION: The request has been coordinated with;All supporting documentation must be includedDepartment HeadLegal DepartmentChief Financial OfficerDirector Real EstateManaaementWas funding needed? Yes NoIf yes, was funding previously approved? Yes NOAttachmentself approved, provide the following: Dept/Div.Acct:Balance in AccountAmount needed for this itemNEEP: Identify any critical time constraint(s).*Commercial Property and Community & Housing Development have anadditional form.
ACTION REQUEST:Alumax Of South Carolina, Inc.Request authorization to execute the Amendment to Lease
Agreementwhereby the lease term for the mobile unit used as a Police trainingclassroom is extended to May 31 , 2021.ORDINANCE: Is an ordinance required? Yes NoWhat action is being taken on the Property mentioned?SellerACQUISITION (Property owner)
AMENDMENTWilliam ScotsmanLessee:City Of CharlestonThe Lease shall be extended to May 31, 2021. The r
ental rate shall beTerms:$950 per month.Improvement of PropertyOwner:Terms:BACKGROtJND CHECK: tf Property Action Request is for the sale or lease Of cityproperty, has a background check been completed?Yes NO NIAResults:Signature:Director Real Estate ManagementADDITIONAL: Please identify any pertinent detail (Clauses, Agreement Terms,Repeals, etc.) regarding City Property.NEED: Identify any critical time constraint(s).AM s
531 2021 (the "Lease Renewal Term"),The rental rate per month during the Lease Renewal Tenn shall be
$950.00 plus applicable taxes,which Lessee agrees to pay Lessor in advance On the 1st day of each month during the LeaseRenewal Term.Knockdown and return freight shall be at Lessor's prevailing rate at the time the Equipment isreturned unless otherwise specified hereinAll other Terms and Conditions of the original Lease Agreement shall remain the same and in fullforce and effect.
ACTION REQUEST:HR Charleston IX, LLCRequest authorization to execute the Amendment to Lease Agreemen
twhereby the lease term for the mobile unit used as a Fire trainingclassroom is extended to May 31, 2021.ORDINANCE: Is an ordinance required? Yes NoCOORDINATION: The request has been coordinated with:All supporting documentation must be includedSi natureDepartment HeadLegal DepartmentChief Financial OfficerDirector Real EstateManaaementFUNDING: Was funding needed? Yes NoIf yes, was funding previously approved? * YesAttachments*If approved, provide the following: DepUDiv.Acct:Balance in AccountAmount needed for this itemNEED. Identify any critical time constraint(s).*Commercial Property and Community & Housing Development have anadditional form.
ACTION REQUEST:HR Charleston LLCRequest authorization to execute the Amendment to Lease Agreementwhe
reby the lease term for the mobile unit used as a Fire trainingclassroom is extended to Mav 31, 2021.ORDINANCE: Is an ordinance required? Yes NOWhat action is being taken On the Property mentioned?SellerACQUISITION (Property owner)
AMENDMENTThe Lease shall be extended to May 31, 2021. The rental rate shall beTerms:$950 per month.I
mprovement of PropertyOwner:Terms:RACKQROUND CHECK: If Property Action Request is for the sale or lease of cityproperty, has a background check been completed?YesResults:Signature:Director Real Estate ManagementADDITIONAL: Please identiW any pertinent detail (Clauses, Agreement Terms,Repeals, etc.) regarding City Property.NÉQ. Identify any critical time constraint(s).
4.The rental term for the equipment identified above, shall be renewed from 6, I '2018 through5/31 2
021 (the "Lease Renewal Term").The rental rate per month during the Lease Renewal Term shall be $950.00 plus applicable taxes,which Lessee agrees to pay Lessor in advance on the St day of each I-nonth during the LeaseRenewal Term.Knockdown and return freight shall be at Lessor's prevailing rate at the time the Equipment isreturned unless otherwise specified herein.
3.The City is the owner of record of TMS parcel number 450-00-00-013, the same beingportion of Morri
s Island (herein the "Property").The SCPA is the non-federal sponsor of the United States Army Corps of Engineers'("Corps") federal navigation project to deepen Charleston Harbor, known as theCharleston Harbor Post 45 Deepening Project (the "Pmject"). As part of the reviewrequired by the National Environmental Policy Act, a Final Integrated Feasibility Reportand Environmental Impact Statement and Record Of Decision was issued. A FinalSupplemental Environmental Assessment and Finding of No Significant Impact forBenefit Use Alternatlves was also conducted that identified, by way of geotechnicalsampling, an area of the channel of Charleston Harbor near the Property where thedredged material was not contaminated and had a 65% sand content (the "SandMaterial"), a content suitable to assist in the stabilization of the Property, as the Project isimplemented. It is estimated that approximately 350,000 cubic yalds of this SandMaterial could be placed on the Property, providing a one-time opportunity to for theProject to contribute to stabilizing the Property.The SCPA requires access to, and occupancy Of, a portion of the Property to facilitate theProject and curb erosion Of the Propefiy. Specifically, SCPA seeks to use a portion of theProperty for the following activities: to construct a berm comprised of Sand Material,approximately 250 feet on either side of an existing stone jetty, elevated to a level ofapproximately 9 ft NAVD88 at the highest level, and sloping to an elevation Ofappmximately 5 ft NAVD88, with a continual gradual slope to the sea at an approximate1-on-20 slope; and to perform maintenance work on an existing Jetty (the
4."Improvements"). The portion of the Property upon with the Improvements are to beconstructed is ou
tlined on Exhibit A in black, and extends from the top of the berm to theMean High Water mark (the "Sand Material Disposal Area").The City agrees to allow temporary access to and occupancy of the Sand MaterialDisposal Area, and permanent access to the Jetty, subject to the following conditions:a.c.d.Temporary access and occupancy of the Sand Material Disposal Area, asoutlined on Exhibit A, is authorized for a period of four (4) months, following
a two-week written notice from the SCPA to the City of the commencementOf the installation Of the Im
provements (the "Notice Of Commencement");pmvided however, the Notice Of Commencement must be given no later thanDecember 31, 2018 or this Agreement shall be deemed null and void. Accessto the Sand Disposal Area shall be from the ocean-side of the Property.Permanent access to the Jetty, as shown on Exhibit A, is granted solely for thepurpose Of maintaining the Jetty in a condition such that it functions toaccommodate efficient navigation and to prevent adverse impacts to thenatural environment of the Property. The area Of access is delineated onExhibit B (the "Jetty Access Area"). In the absence of an emergency, accessto the Jetty for maintenance work requires a 30-day written notice to the City,which notice shall delineate the scope of work to be performed and the timerequired to perform the work (the "Jetty Maintenance Notice"). In the eventOf an emergency, the SCPA shall provide the City a Jetty Maintenance Noticeas soon as is reasonably feasible. The City reserves the right to review thescope of work and approve the means of its implementation, to assure as littledisruption of public access to the Property as possible.Temporary access and occupancy is limited to and for the installation Of theImprovements within the Sand Material Disposal Area. Access to the JettyAccess Area is limited to maintenance of the Jetty as is limited to maintainingthe functionality of the Jetty to further efficient navigation and to preventadverse impact to the natural environment Of the Property,The costs of installing the Improvements and maintaining the Jetty shall be thesole responsibility of the SCPA.The SCPA shall remove all equipment and personal property from the SandMaterial Disposal Area on or before the expiration of the four-monthoccupancy authorized by this Agreement. SCPA shall leave the Sand Materiale.f.g.h.Disposal Area and the Property in a clean condition, free of rubbish or otherdebris, in as good or better condition than that as of the date of this Agreementand freely and safely accessible to the general public for their use andenjoyment. SCPA shall promptly repair any damage done to the SandMaterial Disposal Area or the Pmperty by itself, any of its agents orsubcontractors, to include the revegetation of any areas outside the SandMaterial Disposal Area disturbed in the process of constructing theImprovements.The SCPA shall remove equipment and related personal property from theJetty Maintenance Area on or before the time represented in the JettyMaintenance Notice. SCPA shall leave the Jetty Maintenance Area and theProperty in a clean condition, free of rubbish or Other debris, in as good orbetter condition than that as of the date of entry, and freely and safelyaccessible to the general public for their use and enjoyment. The SCPA shallpromptly repair any damage done to the Jetty Maintenance Area or theProperty by itself, any of its agents or subcontractors, to include therevegetation of any areas outside the Jetty Maintenance Area disturbed in theprocess of constructing and implementing the scope of work.The SCPA acknowledges its responsibility for negligent acts Of its official andemployees in accordance with S.C. Code Ann. 15-78-10, et seq, the SouthCarolina Tort Claims Act. The SCPA shall carry and maintain in full forceand effect throughout the duration of this Agreement or any extension of it all
a commercial general liability insurance policy with limits meeting orexceeding the liability caps u
nder the South Carolina Tort Claims Act.The City makes no representation as to the condition of the Propefty, the SandMaterial Disposal Area or the Jetty Maintenance Area. The SCPA agrees toaccess and accept the Property and the Sand Material Disposal Area and theJetty Maintenance Area in an AS IS, WHERE IS condition at all times duringthis Agreement and at all times upon entry to the Jetty Maintenance Area.Notwithstanding anything in this Agreement, the SCPA is not undertaking orassuming responsibility or maintenance of Morris Island, the Jetty, or theImprovements other than as specifically stated and set forth in this Agreement.The SCPA shall not place upon the Property, the Sand Material Disposal Areaor the Jetty Maintenance Area any hazardous substance or toxic materials,substances Or wastes ("Hazardous Materials") now Or hereafter regulated underfederal, state and local environmental laws and regulations, including but notlimited to the CompJehensive Environmental Response, Compensation and
1986 ("SARA"), Public Law No. 99-499, 100 Stat. 1613 (collectively, the"Environmental Laws"), and in
any and all events SPA shall be solelyresponsible to the City for any and all damages, fines liens, suits. liabilities,costs, and expenses (including reasonable attorneys' fees), that maybe incurred by the City, to remediate or otherwise render the Property, the SandMaterial Disposal Area and the Jetty Maintenance Area compliant withEnvironmental Laws. In the event the SCPA introduces any HazardousMaterials on the Property, the Sand Material Disposal Area or the JettyMaintenance Area, the SCPA shall diligently undertake the removal orremediation of same to completion so as to render the Property, the SandMaterial Disposal Area and the Jetty Maintenance Area compliant withEnvironmental Laws.All notices, demands and requests which may be given or which are required to be givenby either party to the Other under this Agreement, and any exercise ofa right oftenninationprovided by this Agreement, shall be in writing and shall be deemed effective when either:(i) delivered in person to the address set forth below for the party to whom the notice wasgiven; (ii) three (3) business days after having been sent, by certified mail, return receiptrequested, addressed to the intended recipient at the address specified below; or (iii) atnoon of the business day next following after having been deposited into the custody Of anationally recognized overnight delivery service, addressed to such party at the addressspecified below. Any notice sent as required by this Section and refused by recipient shallbe deemed delivered as of the date of such refusal. For purposes Of this Section, theaddresses of the parties for all notices are as follows (unless changed by similar notice inwriting given by the palticular person whose address is to be changed):Ifto CITY:City Of CharlestonAttention: Real Estate Management
151 Meeting Street, Suite 325Charleston, SC 29401Any counsel designated above or any replacement cou
nsel which may be designatedrespectively by either party or such counsel by written notice to the other party is herebyauthorized to give notices hereunder on behalf of its respective client.This Agreement is only assignable by the SCPA to the Corps with written notice to theCity. The City understands and acknowledges that the Corps is the contracting authorityfor the Project and that the Project contractors will undertake the workThe Property was acquired with Charleston County Greenbelt Funds, and is restricted topublic recreational use. Notwithstanding anything herein to the contrary, this Agreementis subject to the approval of Charleston County.This Agreement shall be governed by the laws of the State Of South Carolina.
ASSEMBLEDSection IAs an incident to the adoption of this Ordinance, City Council Of Charlestonfinds
the following facts to exist:A) Section 5-3-150, Code of Laws of South Carolina (1976) as amended, provides amethod of annexing property to a city or town upon a Petition by all persons Owning real estate in thearea requesting annexation.3) The City Council of Charleston has received a Petition requesting that a tract of land inCharleston County hereinafter described be annexed to and made a part of the City of Charleston,which petition is signed by all persons owning real estate in the area requesting annexation.
C)The area comprising the said property is contiguous to the City of Charleston.Pursuant to Section
5-3-150, Code of Laws of South Carolina (1976) asamended, the following described property be and hereby is annexed to and made part of the City ofCharleston and is annexed to and made part of present District 7 of the City of Charleston, to witSAID PROPERTY to be annexed, 1144 Crull Drive, (0.28 acre) is identified by theCharleston County Assessors Office as TMS# 351-16-00-086, (see attached map)shown within the area annexed upon a map attached hereto and made a part hereof.Section This ordinance shall become effective upon ratification.Attest:Ratified in City Council thisday ofin the Year of Our Lord,Year of the Independence Of theUnited States of America.John J. TecklenburgMayorVanessa Turner MaybankClerk of CouncilAnnexation ProfileParcel Address:Owner Names:
96Council District: 7Within UGB: YesPolicePublic ServiceSa nitationStorm WaterStreets and SidewalksT
raffic and TransportationSignalizationSignagepavement MarkingsCharleston Water SystemsnningUrban Growth LineCity Plan (Century Five)Located in existing service area - Team 4Located in existing service area - Station 11Located in existing service area. One additional stop.Contiguous to existing service area.NO additional City-maintainedNoneNoneNoneCWS service area.Property is a developed site within the line.Development and zoning are consistent with the City Plan.Already being served.pa rks
WHEREAS, SECTION 5-3-150 (3) Code of laws of South Carolina provides for theannexation Of an area or
property which is contiguous to a City by filing with the municipalgoverning body a petition signed by all persons owning real estate in the area requestingannexation, andWHEREAS, the undersigned are all persons owning real estate in the area requestingannexation, andWHEREAS, the area lequesting annexation is described as follows, to wit:SAID PROPERTY, located in West Ashley (approximately 0.28 acres) to be annexed isidentified by the Charleston County Assessors Office as Property Identification Number:
ASSEMBLEDAs an incident to the adoption Of this Ordinance, City Council Of CharlestonSection 1.finds
the following facts to exist:A) Section 5-3-150, Code Of Laws of South Carolina (1976) as amended, provides amethod of annexing property to a city or town upon a Petition by ail persons owning real estate in thearea requesting annexation.The City Council Of Charleston has received a Petition requesting that a tract of land in
B)Charleston County hereinafter described be annexed to and made a part of the City Of Charleston,wh
ich petition is signed by all persons owning real estate in the area requesting annexation.C) The area comprising the said property is contiguous to the City of Charleston.Pursuant to Section 5-3-150, Code of Laws of South Carolina (1976) asSection 2.arnended, the following described property be and hereby is annexed to and made part of the City ofCharleston and is annexed to and made part of present District 5 of the City of Charleston, to wit:SAID PROPERTY to be annexed, 347 Swift Avenue, (0.34 acre) is identified by theCharleston County Assessors Office as TMS# 350-13-00-047 (see attached map)shown within the area annexed upon a map attached hereto and made a part hereof.Section 3This ordinance shall become effective upon ratification.Ratified in City Council this day ofin the Year of Our Lord,201B. in theYear of the Independence of theUnited States of America.By:John J. TecklenburgMayorVanessa Tumer MaybankClerk of CouncilAnnexation ProfileParcel Address:Owner Names:
347 Swift AveAddress:Charleston, SC 29407City Area:West AshleySubdivision:Council District: 5Within
UGB: YesPolicePublic ServiceSa n itationSto rm Wa terStreets and SidewalksTraffic and TransportationSignalizationSignagepavement MarkingsCharleston Water SystemsPla nUrban Growth LineCity man (Century Five)Number Of Units:Number Of Persons:Race:Acreage:Current Land Use:Current Zoning:Requested Zoning:Recommended Zoning:Appraised Value:Assessed Value:Stormwater Fees:Located in existing service area - Team 4Located in existing service area - Station 1 1
WHEREAS, SECTION 5-3-150 (3) code oflaws ofSouth Carolina provides for theannexation Ofan area or pr
operty which is contiguous to a City by filing with the municipalgoverning body a petition signed by all persons owning real estate in the area requestingannexation, andWHEREAS, the undersigned are ail persons owning real estate in the area requestingannexation, andWHEREAS, the area requesting annexation is described as follows, to wit:SAID PROPERTY, located in West Ashley (0.34 acre) to be annexed is identified by theCharleston County Assessors Office as Property Identification Number: TMS# 350-13-00-047(347 Swift Avenue).NOW, THEREFORE, the undersigned petition the City Council of Charleston to annex theabove described area into the municipal limits of the City of Charleston.