Emails, Letters Regarding The Coffee Bluff Marina

ihjavamiaft
OFFICE 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 Golden
Marina has been forwarded to me for a response. 1 am enclosing responsive documents
which have been Bates-stamped CITYOOOOOIORA to CITY000015ORA.
Very truly yours.
JENNIFER N. HERMAN
ASSISTANT CITY ATTORNEY
/lea
Enclosure
Cc: Mr. Bret Bell
P.O.Box 1027. 6 East Bay Street. Gamble Bldg.. 3rJ Floor, Savannah.GA 31401
912 525-3092 office
912 525-3267 fax
jliertuaiEffsavannaliga.gov
Lois Adams
From:
Jennifer Herman
Sent:
To:
Tuesday, January27,201511:23 AM
tmahoneyjr@ranitzlaw.com
Cc:
Joe Shearouse; LoisAdams
Subject:
Golden Marina
HiTom-
To follow up our conversation last week, staff was unable tomeet at the marina as planned on Friday due tothe
weather. Iam preparing toleave the office for the rest ofthe week toattend Savannah-Chatham Day. Iwill be in touch
next week with a response to Mr.Golden'sdemands.
Thanks.
-Jen
Jennifer N. Herman
Assistant City Attorney

Cityof Savannah
6 East Bay Street
Gamble Building, 3rd Floor

P.O. Box 1027
Savannah, GA 31402
jherman@savannahaa.gov
912.525.3092
912.525.3100x8804
912.657.1031 (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 Enterprises
14915 Coffee BlulT Road
Savannah. GA 31419
Thomas Ray Golden

123 Rose Dim Way
Savannah. GA 31419
Re: Notice of I)elinqnenl Rent and I)emand to Cure ColTec Bluff Marina
Dear Mr. Golden:
The October 2014 Agreement between the Cityand Golden Marina Enterprises ("GME")
obligates GME to make monthly rental payments in the amount of$2,000. Rent isdue
by the I5,h day ofeach month. (*.'6.l) To date. GME has failed to remit monthly
payments for December 2014 and January 2015. Accordingly, pursuant to Paragraph
17.1. the City hereby notifies you of the $4,000 deficiency and demands that within ten
days of your receipt of this letter GME pay all past due sums.
Failure to cure in full the rental deficiency will result in the City exereising itsrights
pursuant to the Agreement and at law. which may include termination thereof, institution
ofdispossessory proceedings and/or claims for monetary damages.
Very truly yours,
Jracph'C. Shearouse
Bureau Chief
cc: Stephanie S. Culler, City Manager

Jennifer N. Herman. Asst. City Attorney
Thomas Mahoney HI. Esq.

P.O. UOX IOJ
. SAVANNAH. CM W."-"
mHI ifU.Jp.jS'j; ||.|.9I2.6$I.670J US 9t2.3fl.5S4S 5AYAKKAMCA.GOV
3/3/15
Cily of Savannah Responsive Documentation to Open Record Request of 3/2/15
CITY000003ORA
OFFICE OF THE
FEB 2 3 2015
Mahoney & Mahoney, p.c.
CITY ATTORNEY
attorneys at law
110 Oglethorpe avenue East

THOMAS J. MAHONEY, JR. (OA&SC)
THOMAS J. MAHONEY HI
Post Office box 786
DENNIS PIERCE (1906-1979)
Savannah. Georgia 31402
JOHN F. M. RANITZ, JR. (1922-1999)
February 19:2015
Mr. Joseph C. Shearouse

Bureau Chief
City of Savannah Leisure Services Bureau

Post Office Box 1027
Savannah. GA
31402
Re:
Your letter dated February 12, 2015
Dear Mr. Shearouse:
This is in response to your February 12 letter directed to Golden Marina Enterprises

and Thomas Ray Golden and in which you have stated that rent is due to the City of
Savannah 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 and
does not wish to respond to the institution of litigation by the City in an effort to dispossess
Captain Golden and/or Golden Marina Enterprises from the Coffee Bluff Marina.
The problem in the Operator of the Marina paying rental without a functioning
marina seems to me to be like paying rent on a house that has the doors locked and entry
prevented. Until wc can explore a resolution of existing issues, wc suggest there be a
moratorium 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 non
functioning marina were set forth in the letter given to you by Captain Golden at your last
meeting, which you ended by stating it was now a legal matter.
Thereafter, I called Jennifer Herman and was assured by her that the City would
respond with its position to the points raised in Ray Goldcn's letter. 1have since called
Mrs. Herman a number of times only to be told she was out of the office and I have left my
name and number, but to date, have received no return call or response to the items which
were raised in Captain Goldcn's letter.
TELEPHONE(012) 233-7061
3/3/15
Facsimile (91a) 349-2248
www.ranitzlaw.com
City ofSavannah Responsive Documentation to Open Record Request of3/2/15
CITY000004ORA
. BureauChief
February 19,2015
You and other persons within your Department and within the City of Savannah are
well aware ofthe feet that the Goldens have invested personal funds into the rebirth and
"beautiful facility" thatthe City originally said would open inJune or July of2012, but yet
did notopen until August 9,2014.
Captain Golden acknowledges, and the City records will agree, that he was paid by
the City tocompensatehim for the loss ofrevenue for certain ofthe months that the City
had the facility closed. However, there remains atthis time funds that were to be paid, but
which have notbeen paid by theCity.
There also remains unpaid bythe City rent for two police boats placed in prime
slips attheMarina atthe insistence ofour CityManager.
Golden Marina Enterprises and Ray and Amy Golden want very much to operate
this Marina and to do soasprofessionals with experience. The Marina is notoperational
orfunctional without the installation ofshore power, the movement of the pumps tothe
outride to attract larger boats to obtain fuel, themovement oftire pump-out station to the
outride along withthe feel pumps. The Marina musthavethe sufficient number ofcleats.
One extremely urgent and veryunsafe situation mustbe addressed by theCitynow.
Thehandicap ramp which RayGolden has advised theCity onatleast four occasions was
not bolted down and which the City has sent engineersout to examine. It has remainedin
an unsafe condition and was one ofthethings which Captain Golden was trying to point
outto Pearson DeLoach when heinvited Pearson tocome to tire Marina last Monday or
Tuesday. Last night, thisramp has fallen offtire platform and it wasindeed fortunate no
onewasonthe ramp atthe timeorthey wouldhavebeenkilledor seriously injured. We
requesttireCity address this now.
There are other items dealing withdry storage and boat storage, aswellasa
resolution offunds owedby the City to the Operator.
I therefore respectfully request thataltparties involved, including Brooks Stillwell
orJennifer Herman and myself; meetwithout delay to tryand listen to all tire issues
involved and to seek a final resolutionwhich will allow the Coffee BluffMarina to flourish
for yearsto come.
3/3/15
City ofSavannah Responsive Documentation toOpen Record Request of3/2/15
CITY000005ORA

Bureau Chief
February 19,2015
I would respectfolly request a response andsuggested datesfor such a meeting.

With best wishes, I am
Sincerely,
THOMAS J. MAHONEY, JR.

FOR THE FIRM
TJMjr/dml
cc
Mr. Brooks Stillwell, CityAttorney, City ofSavannah

PostOffice Box 1027,Savannah, GA 31402
Mrs. JenniferN. Herman, Assistant City Attorney
City ofSavannah, Post OfficeBox 1027, Savannah, OA 31402
3/3/15
CITY000006ORA
February 25, 2015

OVERK'KiLITnm.lVEKY
Golden Marina Enterprises

14915 Coffee BluffRoad
Savannah. CiA 31-119
VIA OVERNIGHT DELIVERY
Mr. Thomas Kay Golden

123 Rose Dim Way
Savannah, 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 notice
ofdelinquent rent and demand to cure pursuant 10 Paragraph 17-1 ofdie lease agreement. You
have Tailed to make any rent payments under lite lease, including a payment that was due on
February 15. 2015. Accordingly, flic Mayor and Aldermen of the City of Savannah demand
immediate possession of the Leased Premises.
IT you Tail to fully vacate the Property, removing all of your personal property and
leaving 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 such
instance, the City intends to immediately proceed with an eviction lawsuit. It will seek recovery
ofall damages available by law including, without limitation, recovery ofpast due rem. future
rent and all attorneys' Tecs incurred by the City arising Trom your .stubborn refusal to vacate the
Leased Premises.
Please contact Joe Shearouse to coordinate a "walk-through" of the Leased Premises
and return all keys to him before the close of business on Wednesday. Please direct all
communications regarding this matter, ifany, to this office.
Verv truly yjfflH$,
tiNNlFlillR HfiKM AN
ASSISTANT CITY A ITOKNI-Y
JNH/lea
c:
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. (via overnight delivery)

P.O. Bx HI27. (> East lilt) Street, Gamble lilt!".. 3,J Floor, Savannah. GA 51401
91J 5J5-.MI72 otitic
3/3/15
> 13525-3167 Tax
iliri uiaii ViAax :iiinali;:.i."oy
City of Savannah Responsive Documentation to Open Record Request of 3/2/15
CITY000007ORA
February 25, 2015

VIA OVERNIGHT DELI VERY
'Thomas Mahoney. Jr.. Esq.

Mahoney& Mahoney, P.C,
11(1 Oglethorpe Avenue Fast
P.O. BOS 786
Savannah, GA 31402
Re:
Demand for Possession - Coffee Bluff Marina
Golden Marina EiUcrpriscs'Tlioinas Rav Golden

Dear Tom:
litis will acknowledge receipt of your February 19, 2015 letter to Joe
Shearouse proposing a moratorium on rent charges pending negotiation with the City
regarding taxpayer-funded enhancements Mr. Golden seeks to have installed at Col fee
Bluff Marina. Please accept my apologies for not responding sooner: however. I had
been led to believe that Mr. Golden had agreed to preserve the status quo. which turned
out not to he the ease. Consequently, and the cure period having now passed, the City is
left with no choice but to pursue obtaining possession ofllie premises.
Mr. Goldcn's characterization of the marina as non-functioning is simply
inaccurate. The City acknowledges that he litis demanded installation of certain

improvements, such as shore power, added fuel pumps and more cleats. While
incorporation of those features may enrich the facility, their absence docs not render the
marina inoperable. Moreover. I note that Mr. Golden renegotiated his lease agreement
with the City in October, following the reopening of the marina and which occurred at a
time he was certainly acquainted with its status. Had they been as critical as Mr. Golden
would now have the City and others believe, surely they would have been featured in
those negotiations and incorporated into the contract. Yet. they were not. To date, the
City has gone to great lengths to aceoinmodate Mr. Golden, including rent abatement for
October and November 2014 and substantial payments to compensate him for alleged lost
revenues. These are matters of public record. The City cannot continue to subsidize bis
operations, nor can it continue a relationship with someone who refuses to abide by his
contractual 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 his
demands. 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 3M0I
3/3/15
City a&MM&Rsh/JBb58iiMfio i&BMBRB&&Mfa5
CITY000008ORA
slate of affairs, in the best interests of all concerned it is the City's hope that Mr. Golden
will peacefully and timely vacate the premises.
Very irulv yours.
JENNIFER N. HERMAN
.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)
P.O. ItOX In:". 6 I \M DAY Ml:l I I. CtAMttl I HUM I UNO. JKlt HOOK. SAVANNAH. CIA JI.JOI
nIS1 9IZ.f2S.)092 ina9i2.6fI.67O2

3/3/15
MX9f2.f2f.J267 l'.:iiK\c!L'..i\Ji:n.i!i!-.j.;;iiv
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 your
offices.
Specifically, we are requesting:

All correspondence betweenthe city and Ray Golden, or Golden Marina
Enterprises, regarding the Coffee BluffMarina since August 1,2014.
We are prepared to pay reasonable search and retrieval fees, ifnecessary, but
would first request access to view the requested materials. Pleaseadvise us ofthe
costs before they are incurred. If possible, please providerequested information
electronically.
If our request is denied in whole or in part, we ask that you justify all deletions by
reference to specific exemptions of the Georgia Open Records Act. I will also
expect you to release all segreable portions of otherwise exempt material.
Please feel free to call or email me if you 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 reporter
(912)652-0312
Eric.curl(a).savannahnow.com
3/3/15
CITY000010ORA
Lois Adams
From:
Jennifer Herman
Sent:
To:
Cc:
Subject:
Tuesday, March 03, 2015 11:22 AM

Tom Mahoney III
Thomas Mahoney, Jr.; Lois Adams; Brooks Stillwell; Joe Shearouse; William Shearouse
Re: Coffee Bluff Marina
Dear Tom:
To follow up our telephone conversation this morning, recognizing the cost, expense and uncertainty
associated with litigation, the City is willing to meet with Mr. Golden and his representatives to
discuss, 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. In
the meantime, while preserving all rights to proceed with dispossessory proceedings, the City agrees
to 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

912.525.3092 (office)
912.657.1031 (cell)
Sent from my iPad
On Mar 2, 2015, at 1:09 PM, Tom Mahoney III <TMahonev@RanitzLaw.com> wrote:

Jennifer,
As we discussed earlier, Capt. Golden is willing to meet with City officials to work
through disagreements rather than proceed with litigation. We are anxious to receive
the City's response as to whether we can maintain the status quo while negotiating a
resolution acceptable to both parties.
In response to your earlier concerns about media coverage, I did want to clarify that
Capt. Golden did not involve the media in this dispute. Rather, the media has
persistently contacted Capt. Golden seeking interviews, and he has avoided these
persistent requests. Indeed, the media is contacting Capt. Golden again today, but he
has not responded.
Please let me know whether the City is willing to talk. Additionally, please call me if you
have any questions.
Tom
3/3/15
CITY0000110RA
Thomas J. Mahoney III

Mahoney & Mahoney, P.O.
Post Office Box 786
Savannah, Georgia 31402

(912) 233-7961
Confidentiality Notice: This electronic mail transmission Is privileged and confidential

and is intended only for the review of the party to whom itis addressed. Only the party
to whom thistransmission is addressed may rely on its contents. If you have received
this transmission in error, please immediately return itto the sender. Unintended
transmission 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:
Tom Mahoney III <TMahoney@RanitzLaw.conr
Sent
Tuesday. March 03.2015 12:07 PM
____
To:
Jennifer Herman
Cc
Subject:
Thomas Mahoney, Jr.; Lois Adams; Brooks Stillwell; Joe Shearouse; William Shearouse
RE: Coffee Bluff Marina
Jen,
Capt. Golden and I can be available next Tuesday, Wednesday and Thursday.
Tom

Mahoney & Mahoney, P.C.
Post Office Box 786

(912) 233-7961
Confidentiality Notice: This electronic mail transmission is privileged and confidential and is intended
only for the review of the party to whom it is addressed. Only the party to whom this transmission is
addressed may rely on its contents, if you have received this transmission in error, please
immediately return it to the sender. Unintended transmission shall not constitute waiver of the
attorney-client or any other privilege.
From: Jennifer Herman fmailto:3Herman@Savannahaa.Gov]
Sent: Tuesday, March 03, 2015 11:41 AM
To: Tom Mahoney III
Cc Thomas Mahoney, Jr.; LoisAdams; Brooks Stillwell; Joe Shearouse; William Shearouse
Subject: Re: Coffee Bluff Marina
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 received
an Open Records Act request for correspondence related to the issue, which will be released today.
Jennifer N. Herman

912.525.3092 (office)
912.657.1031 (cell)
Sent from my iPad
On Mar 3,2015, at 11:38 AM, Tom Mahoney III <TMahonev@RanitzLaw.com> wrote:

Thank you, Jen. I will let you know our availability.
Since the news media is calling, would the City object if Capt. Golden responded simply
as follows: We are working with the City to resolve the matter amicably, and we do not
want to discuss the matter at this time?
3/3/15
CITY0000130RA
Tom

Post Office Box 786

(912)233-7961
Confidentiality Notice: This electronic mail transmission is privileged and confidential

and is intended only for the review of the party to whom it is addressed. Only the party
to whom this transmission is addressed may rely on its contents. Ifyou have received
this transmission in error, please immediately return it to the sender. Unintended
transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Jennifer Herman rmailto:JHerman<g)Savannahaa.Govl
Sent: Tuesday, March 03,2015 11:22 AM
To: Tom Mahoney III
Cc: Thomas Mahoney, Jr.; Lois Adams; Brooks Stillwell; Joe Shearouse; William Shearouse
Subject: Re: Coffee Bluff Marina
Dear Tom:
To follow up our telephone conversation this morning, recognizing the cost, expense
and uncertainty associated with litigation, the City is willing to meet with Mr. Golden and
his representatives to discuss, 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. In the meantime, while preserving all rights to proceed with dispossessory
proceedings, the City agrees to 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

912.525.3092 (office)
912.657.1031 (cell)
Sent from my iPad
On Mar 2,2015, at 1:09 PM, Tom Mahoney III <TMahonev@RanitzLaw.com> wrote:

Jennifer,
As we discussed earlier, Capt. Golden is willing to meet with City officials
to work through disagreements rather than proceed with litigation. We are

anxious to receive the City's response as to whether we can maintain the
status quo while negotiating a resolution acceptable to both parties.
3/3/15
City of Savannah Responsive Documentation to OpenRecord Requestof 3/2/15
CITY0000140RA
In response to yourearlier concerns about media coverage, Idid want to

clarify thatCapt. Golden did not involve the media inthis dispute. Rather,
the media has persistently contacted Capt. Golden seeking interviews,
and he has avoided these persistent requests. Indeed, the media is
contacting Capt. Golden again today, but he has not responded.
Please let me know whether the City is willing to talk. Additionally, please
call me if you have any questions.
Tom

Post Office Box 786

(912) 233-7961
Confidentiality Notice: This electronic mail transmission is privileged and

confidential and is intended only for the review of the party to whom it is
addressed. Only the party to whom this transmission is addressed may
rely on its contents. If you have received this transmission in error, please
immediately return it to the sender. Unintended transmission shall not
constitute waiver of the attorney-client or any other privilege.
3/3/15
CITY0000150RA
<hjavamM/l
(1FPICF
OFFICE
n
F
OF
CITY ATTORNEY
ATTORNFY
CITY
March 3, 2015
Mr. Eric Curl
In re:
Siipplemental response
Open Record Act Request of March 2, 2015
Dear Mr. Curl:
Your recent Open Record Act request seeking correspondence concerning Golden
Marina has been forwarded to me for a response. In addition to our earlier responsive
materials please see the enclosed supplemental responsive documents which have been
Bates-stamped CITY000016ORA to CITY000063ORA.
Very truly yours.
JENNIFER N. HERMAN
/lea
Enclosure
Cc: Mr. Bret Bell
P.O. Box 1027. 6 East Bay Street.Gamble Bldg., 3,d Floor. Savannah. GA 31401
912 525-3092 office
912 525-3267 fax jherman@savannahga.gov
Pearson Deloach
From:
Pearson Deloach
Sent:
Monday, December29,20141:56 PM
To:
raygoldenl@comcast.net
Cc:
Joe Shearouse
Subject:
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 AM

To: Pearson Deloach
Cc: Pearlette Shuman
Subject: RE: Meetingw/Ray Golden

I have a Civic Center staff meeting at 11:00.1 could meet with Rayat 11:45
3/3/15
City of Savannah Supplemental Responsive Documentationto 3-2-15 Open Record Request CITY0000160RA
Pearson Deloach
Sent:
Ray Golden <raygoldenl@comcast.net>

Monday, December 29,2014 2:24 PM
To:
Pearson Deloach
Subject:
Re: Meeting w/Ray Golden
From:
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 AM

To: Pearson Deloach
Subject: 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 Deloach
Sent:
Monday, January 05,20151:43 PM
To:
Subject:
FW: Meeting w/Ray Golden
Ray -REMINDER - Please bring all your Monthly Reports with you tomorrow Thanks/P
From: Ray Golden |rnq|ito:rayqoldenl(a)comcast.nen

Sent: Monday, December 29, 2014 2:24 PM
To: Pearson Deloach
Subject: Re: Meeting w/Ray Golden

Will see you then.
Ray
Sent from my iPhone

On Dec 29,2014, at 1:55 PM, Pearson Deloach <PDeloach@Savannahga.Gov> wrote:
Ray:
Joecanmeet@11:45 AM next Tuesday, the 6,h Jan - Can you make that ? Here in Daffin of course
P
From: Joe Shearouse
Sent: Monday, December 29, 2014 11:49 AM

To: Pearson Deloach
Subject: RE: Meeting w/Ray Golden

3/3/15
City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY0000180RA
Pearson Deloach
Pearson Deloach
From:
Cc:
Wednesday, Februaiy 11,2015 11:36 AM

Douglas Patten;Joe Shearouse
Subject:
Artificial Reef
Sent:
To:
Ray -
You made mention a while back that you wanted to putan Artificial Reef EAST of the Fishing Pier to prevent casting on
the east side of the dock - Your suggestion madea lotof sensesince it would protectthe PRIVATE PROPERTY Inthat
area and cut down on fishing luresgoing astray - What haveyou decidedyou want to do ? You mentionedthat DNR
would haveto be included in your proposal but that you feltthat it should not be a problem - If you feel that you're
ready to pursue thisproject please let me know-As I mentioned before whenyouand Italked we can purchase the
material 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
1
3/3/15
City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY0000190RA
Pearson Deloach
From:
Pearson Deloach
Sent:
To:
Wednesday, February 11,201512:14 PM

Subject:
Monthly Report
Hey-
When you get a chance Ineed theJanuary 2015 Monthly Report(P&L)for Coffee BluffThanks/P
3/3/15
CHy of Savannah Supplemental Responsive Documentationto 3-2-15 Open Record Request CITY000020ORA
Pearson Deloach
From:
Sent:
Friday, February 13,201512:27 PM
To:
Pearson Deloach
Subject:
Re: Artificial Reef
Pearson,
I received your email on Wednesday regarding the "Artificial Reef", and apologize for the delay in
response. I was searching through our notes from our meeting that you, Mr. Shearouse, and Mr.
Patten had with Amy and me on Wednesday, September 17m, 2014, to jog my memory ofthe details
in 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's
private dock. The artificial reef that Georgia DNR has used in the past includes PVC pipe cut and
placed together like Christmas trees. Ifyou can envision the beaches of Normandy on D-Day, the
Christmas trees would look like that, and strung from the land separating the pier and Dr. Case's dock
out 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 keep
anglers from casting over onto Dr. Case's dock. Any angler that cast over the reef would lose their
tackle as it would get hung up upon retrieve; however, a critical part of this equation would be to place
proper signage on the east facing rail of the pier. My suggestion would be to do a sign that is
interpretive, explaining the importance of artificial reefs for fish habitat, even with pictures of the manmade reef and how it attracts fish. It would be informative to the pier anglers, and they would soon
realize 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 on
Dr. Case's dock since the opening of the pier, and I applaud him for his cool demeanor. It would drive
me to the point of insanity, but Dr. Case takes it in stride. His main focus is the functionality of the
marina, and he would rather see funds and efforts diverted to that effect before a solution is found to
his problems. As his neighbor and friend, I would rather see him taken care of first, but herein lays the
problem.
While sitting on the Finfish Advisory Panel with Georgia Dept. of Natural Resources, I learned a great
deal about how and why things work in that system. It is integral and complex, for certain. They do
have programs for what I have just typed, but I am not sure where to begin or how to begin. Itwould
certainly take time to figure out. As soon as I left the meeting with your department on September
17th, Icontacted Kathy Knowlton at DNR and explained oursituation, and she put it to staff to see if
there 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 another
alternative, such as a cedar planked fence or railing above the east side railing to prevent casting in
that direction until DNR has been notified of our intention. It may be as simple as communicating with
them our intention and be given the green light immediately, but it will take at least a few days to
determine. I will be at the marina all day Monday and Tuesday, and I can tract down the parties
involved. (Monday is a holiday).
i
3/3/15
CHy of Savannah Supplemental Responsive Documentation to 3-2-15Open RecordRequest CITY000021ORA
Pearson Deloach
From:
Sent:

Tuesday, February 17,2015 10:22 AM
To:
Pearson Deloach
Subject:
Pearson,
Mr.Walkercompleted the work on his boat from the lack of springline cleats on the dockSaturday morning, February
14th. 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 he
could store tools and a power source since power is lackingon the docks. Mr. Walker stated that Mr. Shearouse told him
he could keep it there for "a week or two" for Mr. Walkerto complete his repairs. Thisis the first time I have heard of
any dates being applied, whether it be Feb. 6 or Feb. 8. Regardless, Mr. Walker has completed his repairs and has moved
his 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 my
customers to remove the tags. In the past, license plates have been stolen on a regular basis. I have had 2 tags stolen
from my trailers.
Unfortunately, City Hall must prepare themselves for 1 of 2 complaints. One, someone may wish to have any boat on the
property licensed, and if not, they are going to complain. Two, Ican ask customers to put their tag on their trailer (there
is only 1 trailer without a tag), and when they get stolen, there will be complaints about lack of police presence or crime
prevention video cameras.
I understand as a matter of law that tags must be on trailers, so I will contact George Lukas and have him bring his tag
and put it on his trailer. Then ail trailers on the lot will be properly licensed, and City Hall can address the crime
problems when they begin popping up.
Ray
Sent from my iPhone
On Feb 17,2015, at 9:33 AM, Pearson Deloach <PDeloach@Savannahea .Gov>wrote:
Ray - Hasthis POD been moved yet - City Hall is now involved -
Owner Promised to move it February 6th, Joe allowed him togoto Feb 8th after speaking with him -
From: Joe Shearouse
Sent: Tuesday, February 17,2015 9:24 AM

To: Shirley Smlth02
Cc: Pearson Deloach
Subject: FW: Coffee Bluff Marina

l
3/3/15
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Pearson Deloach
From:
Sent:
To:
Subject:

Thursday, February 19,201510:19 AM
Thomas Mahoney; Douglas Patten; Pearson Deloach; TonyThomas
Coffee Bluff Marina
Mi*. Mahoney,
Last August I alerted the city about the handicapped ramp not being secure. All party's involved (engineer,
marine builder, and contractor)came down. Nobody would accept responsibility. Their solution was to take a
black 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 up
the ramp and reposition everything. They again took their black crayon 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 to a big spring tide. They sent out the
engineering firm that was awarded the contract. Amy showed him everything...he asked her for her advice. She
just stared at him with a "You're kidding 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 warn
them ofan impending 12 foot tide swing last night. They responded with a Demand Letter for past due rent.
This morning their mangled ranip nose dived. Fortunately,nobody got hurt. This is a situation that could have
seriously 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
Sent from my iPhone

Sent from my iPhone
3/3/15
CHy of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000023ORA
Then- solution was to take a black crayon and outline the platform legs to monitor movement. No
person evercame 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 up the ramp and reposition everything. They again took their black
crayon 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. They
sent out the engineering firm that was awarded the contract. Amy showed him everything...he
asked her for heradvice. She juststared at him with a "You're kidding me" look. He assured her
it couldn't fall.
Last Friday I sent anemail requesting an audience with Leisure Services to show them some
concerns and warn them of an impending 12foot tideswing last night. They responded with a
Demand Letter for past due rent.
This morning their mangled ramp nose dived. Fortunately, nobody got hurt. This is a situation
that could have seriously injured or killed somebody.
Inmyprofessional opinion, which is a result of20+years inthis business, Coffee BluffMarina

is unsafe, unsound, and most certainly nonfunctional.
Capt. Ray Golden
Sent from my iPhone

Sent from my iPhone
3/3/15
Pearson Deloach
From:
Pearson Deloach
Sent:
To:
Subject:
Thursday, February 19,201512:03 PM

'RayGolden'
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 out offrustration, however, You may have bitthe hand that took careofyou andAmy for
over twoyears -As Isaid Iwasyour best friend and contact and always looked out foryou to the best of myability Sometimes RESULTS aren't always what you want - As Isaid this AM, I'm not an engineer, Ido, though, pass along
engineering Information to those who are in the engineeringfield ifa problem is recognized -
Ialways valued your input knowing your 20 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 Government
Contract -
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.net1

Sent: Thursday, February 19,2015 10:19 AM
To: Thomas Mahoney; Douglas Patten; Pearson Deloach; TonyThomas

Subject: Coffee BluffMarina
Mr. Mahoney,
Last August I alerted the city about the handicapped rampnot being secure. All party's involved (engineer,
marine builder,and contractor) came down. Nobody would accept responsibility. Their solutionwas to take a
black crayon and outline the platform legs to monitor movement. No person ever came to monitor movement.
On November7. as I was plumbingmy bait tanks alongthis ramp, the roller balls came off and the ramp fell,
but caughton a lip. I was inches from the ramp. Again, everybody came. They used hydraulic pumps tojack up
the ramp andreposition everything. Theyagain took their black crayon 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 to a big springtide. They sentout the
engineering firm that was awarded the contract. Amyshowed him everything...he asked her for her advice. She
just stared at him with a "You'rekidding me" look. He assured her it couldn't fall.
Last Friday I sent an email requesting an audience with Leisure Services to show them some concerns and warn
l
3/3/15
City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000025ORA
Pearson Deloach
Sent:
Ray Golden <raygoldenlcorneast.net>

Thursday, Februaiy19,20151:13 PM
To:
Pearson Deloach
Subject:
From:
Pearson,
I most humbly beg your forgiveness for the manner in which I spoke to you this morning. Please understand
that it was not frustration that motivated me, but rather the knowledge that my wife and I are losing cash like a
stuck pig based on empty promises that are nowhere near being fulfilled. You said so yourself that Coffee Bluff
Marina 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 of
shorepower, and an indeterminable amount based on lost fiiel sales due to the pumps being
inaccessible to larger boats,just to name a few of the many items.
Regardless, if I lose every dime in my pocket, at least I am still married to my best friend, best
soulmate, and best life partner that I could ever find.
The knowledge thatshe could have been on that ramp when it went down, cracking her head,
and falling in 40 degree water with nobody around to help is too much for a manlike me to
accept. Especially when you consider that, as a Professional Marine Operator, I fulfilled myduty
to report a maintenance issue on4 different occasions, and the only proof that I can ascertain as
to the Professional Engineers fulfilling their responsibilities lay on the concretethis cold
Februarymorning.
I will,of course, continue to keepyouabreast of any issues thatarise in the future.
Sincerely,
1
3/3/15
CHy of Savannah Supplemental Responsive Documentation to 3-2-15 OpenRecord Request CITY000026ORA
Pearson Deloach
From:
Sent:
RayGolden <raygoldenl@comcast.net>
Monday, February 23,201512:02 PM
To:
Pearson Deloach
Subject:
Re: Coffee bluff Marina - DockCleats
Pearson,
I will 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 <PDeloach@Savannahga.Gov> wrote:

RAY-
Please see the message below -
Can you or someone be available in the AM to showour crew where you want the remainderof the
cleats positioned on the docks Thanks/p
From: Alan Waters
Sent: Monday, February 23,2015 11:38 AM

To: Pearson Deloach
Cc: Wayne Holland; Joe Shearouse

Subject: 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 should
we meet on site at around 8am?
From: Pearson Deloach
Sent: Monday, February 23, 2015 11:20 AM

To: Alan Waters
Cc: Wayne Holland; Joe Shearouse
Subject: FW: Coffee bluff Marina - Dock Cleats

Alan + Wayne-
Joe wants you to go ahead with installing theremainder ofthecleats on the Marina Docks -Will need a
small generator -
Thanks/P
l
3/3/15
Mahoney & Mahoney, p.c.

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

THOMAS J. MAHONBY III
AT
LAW
110 oolbthorpb avenue east

Post Office Box 786
DENNIS PIERCE (1906-1979)

JOHN F. M. RAN1TZ, JR. (1922-1999)
February 19,2015

Bureau Chief
City of Savannah Leisure Services Bureau

Post Office Box 1027
Savannah, GA 31402
Re:
Your letter dated February 12,2015
Dear Mr. Shearouse:
This is in response to your February 12 letter directed to Golden Marina Enterprises

and Thomas Ray Golden and in which you have stated that rent is due to the City of
Savannah in theamount $2,000.00.per month beginning December 1,2014.
Golden Marina Enterprises, Inc. is prepared to pay rent at the agreed upon rateand
does not wish to respond to the institution of litigation by the City in an effort to dispossess
Captain Golden and/orGolden Marina Enterprises from the Coffee. Bluff Marina.
The problem in the Operator of the Marina paying rental withouta functioning
marina seems to me to be like paying rent on a house that has the doors lockedand entry
prevented. Until we can explore a resolution of existing issues, we suggest there be a
moratorium 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 non
functioning marinawere set forth in the lettergiven to you by Captain Golden at your last
meeting, which you ended by stating it was now a legal matter.
Thereafter, I called Jennifer Herman and was assured by her that the City would
respond with its position to thepoints raised iu Ray Golden's letter. I have since called
Mrs. Herman a number'"of timesonly to be told she was out of the office and I have lefr.my
name and number,'but to date, have received no return call or response to the items which
...
were raised in Captain Golden's letter.
telephone (912) 233-7961

3/3/15
Facsimile (912) 349-2248
www.ranitzlaw.com
Bureau Chief
February 19,2015
You and other persons within your Department and within the City of Savannah are
well aware of the fact that the Goldens have investedpersonal fiinds into the rebirth and
"beautiful facility" that the City originally said would open in June or July of2012, but yet
did not open until August 9,2014.
Captain Golden acknowledges, and theCity records will agree, that he was paid by
the City to compensate him for theloss of revenue forcertain of the months that the City
had the facility closed. However, there remains at this time fiinds that were to be paid, but
which have not been paid by the City.
There also remains unpaid by the City rent for two police boats placed in prime
slips at the Marina at the insistence of our City Manager.
Golden Marina Enterprises and Ray and Amy Golden want very much to operate
this Marina and to do so as professionals with experience. The Marina is not operational
or functional without the installation of shore power, the movement of the pumps to the
outside to attract larger boats to obtain fuel, the movement of the pump-out station to the
outside along with the fuel pumps. The Marina must have the sufficient number of cleats.
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 was
not bolted down and which the City has sent engineers out to examine. It has remained in
an unsafe condition and was one of the tilings which Captain Golden was trying to point
out to Pearson DeLoach when he invited Pearson to come to the Marina last Monday or
Tuesday. Last night, this ramp has fallen off the platform and it was indeed fortunate no
one was on the ramp at the time or they would have been killed or seriously injured. We
request the City address this now.
There are other items dealing with dry storage and boat storage, as well as a
resolution of fiinds owed by the City to the Operator.
I therefore respectfully request that all parties involved, including Brooks Stillwell
or Jennifer Herman and myself, meet without delay to try and listen to all the issues
involved and to seek a final resolution which will allow the Coffee Bluff Marina to flourish
for years to come.
3/3/15
Bureau Chief
February 19,2015
I would respectfiiUy request a response andsuggested dates for such a meeting.

With best wishes, I am
Sincerely,
THOMAS J. MAHONEY, JR.

FOR THE FIRM
TJMjr/dml
cc
Mr. Brooks Stillwell, City Attorney, City of Savannah

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

City of Savannah, Post Office Box 1027, Savannah, GA 31402
3/3/15
Thomas Ray Golden

Golden Marina Enterprises, Inc.
123 Rose Dhu Way
Savannah, GA 31419
Mr. Joe Shearouse
City of Savannah
Dept. of Leisure Services

PO Box 1027
Savannah, GA 31402
In)H0WC1 R\
In] ^
J
" UJm i!' %*$ W

LEISURE SERVICES
ADMINISTRATIVE OFFICES
Dear Mr. Shearouse,
It brings no pleasure for me to issue this Letter of Demand to you, as well as other
representatives of The City of Savannah; however, due to the inability to effectively

operate a failed design of what could be a wonderful opportunity along our coast, the
time has come to either complete the functionality of Coffee BluffMarina, or move on
toward another opportunity for my wife and me.
When I was approached by Alderman Tony Thomas after the city budget meetings in
November, 2010, regarding the allotted investment in rebuilding Coffee Bluff Marina, I
was at first hesitant, but agreeable, to shut down and allow the city to demolish the
existing marina and rebuild a new site that would be "thecrown jewel of Savannah". I
did, thereafter, think it was unusual for Alderman Larry Stuber's former company, EMC
Engineering, being awarded the contract to oversee the project at a time when he was
still a sitting Alderman.
EMC's first act was to sub-contract H&K Engineering, led by Mr. Bill Hoffman, for the
actual design work of the marina facilities. Mr. Hoffman's design was criticized from the
beginning by my wife and me, as well as many neighbors, as non-functional, but we
were assured that our ideas would be implemented, and that Mr. Hoffman had vast
experience with marinas. Unfortunately, those experiences did not include areas with 910 foot tidal swings. As evidence of this, i believe the City of Savannah is currently
pursuing legal action against H&K Engineering near the amount of$600,000, butthat
amount varies depending on who is discussing this item with me.
The portion of the idea of rebuilding the new marina that bothered me the most was the
news.coverage byWTOC and WSAV that showed our Alderman, Alderman Tony
Thomas, stating that this was the city's plan all along when they purchased the property.
These planswere neverdiscussed with my wife and me when we put forth a proposal to
operate the marina in February, 2009. Surely, we wouldn't have spent the $60,000 of
3/3/15
CHy of Savannah Supplemental ResponsiveDocumentation to 3-2-15 Open Record Request CITY000031ORA
our own monies to repair the damaged and inoperable docks, not to mention all the
sweat equity, had we known that we would be shut down in less than 3 years for a
rebuilding project that was originally suppose to take 6-8 months, but wound up taking
nearly 3 years start to finish. I have the clips from both of these news coverage
channels Ifyou wish to see for yourself what I mean.
At the point that Golden Marina Enterprises, Inc. was agreeable to the rebuilding
project, there were 3 critical factors that went into our decision. 1) The amount of time
required to complete the job, 2) the amount of monies that we would receive to cover
our lost income, and 3) the functionality of the new marina. I would like to discuss each
of 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 condemned
in September, 2011, by the very man who the City of Savannah is pursuing legal action
against for his inability to effectively design and implement a viable marina on Georgia's
coast, the bureau chief, Mr. Joe Shearouse, approached us for a reimbursement of lost
income 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 the
construction, PLUS 60 days to get us back on our feet and running. This was the
formula designed by the Department of Leisure Services. Our concern was that the
project might take longer than anticipated, and we were assured that ifthe completion
date extended beyond the contract that Weimar Construction had with the City of
Savannah, then Weimar Construction would be liable for the lost income to my
company. 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 open
its 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 Services
desired of us to continue to stay open despite the fact that no business would be
coming through our doors. Their formula to replace our lost income included the
operating expenses of my company, Golden Marina Enterprises, Inc. My wife and I sold
our beloved house, the old Byrd Cookie Company house, to reduce our expenses, so
that the City of Savannah could reduce the amount of payments to us for our livelihood
during the construction phase. Itwas my wife and me who called Leisure Services to
reduce 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 happily
agreed to by the Department of Leisure Services. Unfortunately, as stated above, these
monies ceased in April, 2014, leaving my wife and me to survive on our own funds
through the remainder of the construction phase.
3/3/15
#3 The functionality of the new marina-1 would gladly bring to the City of Savannah
anyone they desire to meet within the marina business to discuss the inability to
function at a profit withoutthe required necessities that a marina MUST possess, one of
which is shore power. We have already turned away more than $5,500 per month of
business based on the reckless decision to eliminate shore power from the marina
when 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 fire
suppressant system that will never be used since no boats exist in the marina basin
since we have no shore power. These budget decisions were made without even the
slightest inclination to discuss with the marina operators their opinion of what should
stay and what should go. Coffee Bluff Marina has become a $5 million goose egg, with
no apparent way to correct the fallacies unless an effort is made to immediately correct
the 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 Bluff Marina and it is impossible for
anyone to continue to operate this marina without these three issues being immediately
resolved. Since it appears we cannot resolve them and based on those conditions set
forth 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 lost
income representing the months of May, June, July, August, and September, 2014 (the
remaining months we were shut down PLUS the 60 days that the Department of Leisure
Services promised to my company)
#2) An amendment to our contract with the City of Savannah that places a moratorium
on any rents due until the marina becomes fully functional, PLUS60 days to give us
time to build back the business that we have lost.
#3) An agreeable time table that shore power can be installed at Coffee Bluff Marina at
the City of Savannah's expense.
If these conditions cannot be agreed to by February 2nd, 2015, then Iwill instruct our
attorney, Mr. Thomas Mahoney, Jr., to pursue legal action against the City of Savannah
and any other parties that may be held liable for the conditions set forth above.
Please instruct the City of Savannah's Attorney to contact Mr. Thomas Mahoney, Jr. at
the following address and phone number to set up an appointment to meet with me and
my counsel prior to seeking litigation:
3/3/15

Attorneys at Law
110 Oglethorpe Avenue East
PO Box 786
Savannah, GA 34102
(912) 233-7961
Ifyou have any questions, or wish to discuss this matter further with me, feel free to
contact me at:
Thomas Ray Golden

123 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 and
the items listed above are non-negotiable, in an effort to keep this out of the public's
eye, I will grant the City of Savannah 5 days to consider my request. However, on
Monday morning, January 12th, 2015, at 9am, Mr. Mahoney, Jr. will send tothe City of
Savannah the required ante-litem notice, notifying the City of Savannah that we will
pursue legal action on February 2nd, 2015.

~Thm H W^^
Thomas Ray Golden
President
Golden Marina Enterprises, Inc.
3/3/1 s
OCT 08 ?0f4
LEISURE SERVICES BUREAU
"'
(:''V MAMAG-R'S offic:
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 lease
agreement with Golden Marina Enterprises, Inc. that have been have been
executed by Thomas Golden. The agreement was reviewed by the City
Attorney.
Please sign and return both copies to my office.
P.O. IIOX 1027, SAVANNAH, GA .U402
PIIOMf.9ia.35i.j837 1Di> 9i2.45i.6702
3/3/15
IAX 9l2.351.j8.(8 SAVANNAHGA.GOV
City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000035ORA \
STATE OF GEORGIA
COUNTY OF CHATHAM
)
)
)
AGREEMENT
COFFEE BLUFF MARINA
This Agreement madeand enteredinto this 1st day of October, 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 forth herein;
WHEREAS, Operator has agreed to 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 marinawhich shall be open to the public in the same manneras ifthe City
operated and managed it directly;
WHEREAS, Operator agrees to improve themarina andperform capital
improvements upon the premises and provide maintenance services; and
1
3/3/15
CHyof Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000036ORA
NOW THEREFORE, in considerationof the mutual covenants contained 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 this Agieement, the real 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 of Contractual Relationship
This Agreement is not to be construed as creating a lease or an estatefor years,

but rather as an operating and management agreement.
2.
USE OF PREMISES
Operator agrees it will use thepremises solely for theoperation ofa public marina
and otheractivities customarily associated withthe operation 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,
3/3/15
2
ordhiances, rules and regulationsapplicable to the premises or the business conducted 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 of this 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
3
3/3/15
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
the City at theaddress listed for theCity hereinafter, a management fee as follows:
ANNUAL RENT
YEAR
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 prices will be posted on the premises at thoselocations where
such fees are normally paid. Rental fees and service fees shall not exceed those set forth
in the attached Exliibit A. Operator mayapply for fee adjustments, in writing, to the City
Manager or his designee.
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6.2
Marina Operations
Operator shall observe and comply with all ofthe City's management policies
described in Exhibit B attached hereto and by reference made 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: The Operator shall have anexperienced manager or

managers on thepremises at all times. Should anyvacancy occurin the position of
manager, Operator will advise the City in writing fifteen (15) days in advanceof hiringas
to the identity and the qualifications of any person whom the Operator intends to place in
such vacant position. The City reserves 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 the City
upon request. Employment of any 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 shall observe the graces of personal glooming.
7. UTILITIES
Operator will pay before delinquency all charges for utilities, including electricity,
gas, heating, cooling, cableand telephone on the premises. The City will pay charges for
water, sewer, and refuse.
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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 the grounds, landscaping, Picnic Shelter & Playground,
and fishing pier.
8.2
Code Compliance
It is the City's intention to ensure that the premises are in full and complete
compliance with allapplicable governmental codes, ordinances and regulations,

including without limitation, building, plumbing, electrical, heating, ventilating and air
conditioning, fire, health andsafetyand zoning codes. To the extentit 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 of contract execution of the nature ofthe non-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.
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3/3/15
TheOperator shall, to the satisfaction of the City, provide normal and routine daily
maintenance of thefacilities, designed to keep the premises and equipment in a good
state of repair, free from hazardous conditions and deterioration.
9. CITY'S COOPERATION
City recognizes and acknowledges that Operator will need theassistance and
cooperation of City in order 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
terms of this Agreement and all applicablelaws.
10 INSURANCE
Operator shall maintain throughout the term ofthis Agreement the types and
amounts of insurance coverage described in thissection 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
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registered mail to the City by the insurance company. Operator shall be solely responsible
for payment of premiums. Certificates evidencing the existence ofall insurancepolicies

r
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
under this Agreement may be included as part of any blanketor other policy 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 or usebyOperator shall be maintained inaccordance with applicable
Georgia law.
Marine General Liability: general aggregate up to $2,000,000 to include

Commercial General Liability to cover the premises, andall person property and
equipment
Hull & Protection & Indemnity (forany boats owned and/ or leased by the
marina)
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 contractor

or sub-contractor will needto provide a Certificate of Insurance with:
1.) coverages atleast equal to those the Operator iscarrying

2.) naming The City ofSavannah asanadditional insured include wavier of
subrogation in favor of The City.
3.) certificate provided before any work begins
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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 City as 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 the employment 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,
3/3/15
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 to coverage 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 to create 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 the repairs or reconstruction to be had.
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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 or credited 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.
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11
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 ofthe 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.
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This report shall include a monthly statement of gross revenue and will besubject to
audit by the City Management and Auditing Department.
An annual report ofthe Marina activities, revenue, improvements and conditions

will be prepared bythe Operator 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 and accounts. 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.
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13.8
Closinc Facilities:
If closure of the facilities is due to fire
damage, flood, civic disorder, acts of God, 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
by a creditapplied to the monthly payment.
14.
EMINENT DOMAIN
If atany 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
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3/3/15
CHy of Savannah Supplemental 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 ofthe 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 of such assignment or
lease. In the event that any such assignment or lease is approved by City, the assignee or
lessee shall agree, hi writing, to be bound byall of the covenants of this Agreement.
17.
BREACH AND REMEDIES

17.1
Breach
i
The following conditions will constitute a breach ofthis Agreement and a

default thereunder:
(a) If Operator fails to pay 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.
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3/3/15
(b) If either party fails to perform 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 ifthe 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, orif Operator's interest inthis Agreement shall pass by operation of
law toany person other than Operator and such adjudication, appointment or order 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 occurand the party in
default does not sure the defect, the non-defaulting partymay elect to terminate this
Agreement immediately and seek all remedies as provided under law and equity.
18.
NOTICES AND CONSENTS
All notices, demands, requestsor replies provided for or permitted by this
Agreement shall beinwriting and may bedelivered byany one ofthe following
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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) by prepaid telegram: or (4) by deposit withan overnight express
delivery service. Notice deposited with theUnited States Postal Service in themanner
described above shall be deemed effective three (3) business days afterdeposit with the
Postal Service. Notice by telegram or overniglit express delivery service shall be deemed
effective one (1) business day after transmission to the telegraph company or after
deposit with the express delivery service. Notice bypersonal delivery shall bedeemed
effective at the time of personal delivery.
For purposes ofnotice, demand, request, reply or payment, theaddress of City

shall be:
City Manager
City of Savannah
P.O. Box 1027
Savannah, GA. 31402
With a copy to:

City Attorney
P.O. Box 1027
Savannah, GA. 31402
Address of Operator shall be:

Golden Marina Enterprises.
14915 Coffee Bluff Road,
Savannah, GA 31419
With a copyto:
Thomas Ray Golden

123 Rose Dhu Way
Savannah, GA 31419
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Each party shall have the right todesignate a different address within the United
States of America by the giving of notice in conformity with thissection.
Whenever theterms of thisAgreement require Operator to obtain the consent of
the City, a request for such consent shall bemade in writing to the City through foe City
Operator or his designee at the address specified herein. Operator shall beadvised of the
City's decision by written response mailed to Operator's address specified herein within a
reasonable time.
19.
GOVERNING LAW
This Agreement and therights and liabilities of the parties to theAgreement shall
be governed by the laws of theState of Georgia. If anyprovision of this Agreement is
invalidated byjudicial decision or statutory enactment, the invalidity of any such
provisionwill not affect foe validity of any other provisions of the Agreement.
20.
CAPTIONS
Captions in this Agreement are included for convenience only and are not to be
taken into consideration in any construction or inteipretation of this Agreement or any of
its provisions.
3/3/15
18
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.
THE MAYOR AND ALDERMAN OF THE

CITY OF SAVANNAH
BY: yJtdfr 'Ca.1^- \^'CftXc-i

CITY MANAGER
(SEAL)
WAU
COUNCIL
GOLDEN MARINA ENTERPRISES, INC.
BY:
THOMAS RAY GOL
(SEAL)
ATTEST:
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3/3/15
EXHIBIT A
Rental/Service Fees & Increases
Vessel Hoist - $20.00 In-Out- Add$1.00 per foot for over20 Feet. The use ofspreader
bare 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 month

Short term (month to month) $13 per foot per month with unlimited boat hoist use
$11 ifpaid by the 5th ofthe month

Transient $1 per foot per day
o Rates are based on foe measured length of the vessel including boat, 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 parking is $5.00 per night. A maximum of ten (10) boats may be
stored overnight, (on the west side of foe parking lot)
Kayak Launching
$5 per kayakper day

In addition, it is our desire to bring shore power back to the docks by the end of 2014. At
that time, we will allow for electrical rental in the following format:
30 amps
50 amps
100 amps
$40 per monthor $3 daily

$60 per month or $5 daily
$90 per month or $10 daily
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Exhibits
STANDARD OPERATING PROCEDURES
1. Hours ofOperation: May Is' thiough Labor Day 6:00 am to 8:00 pm seven days
per week. From the Tuesday after Labor Day until October 3lsl daylight until
6:00 pm seven days per week. From November lsl through February 28th 7:00 am
to 5 pm six days per week as the marina will be closed on Wednesday. From
March Is' through April 30,h daylight until 6:00 pin seven days per week. The
marina will be closed on Thanksgiving and Christmas.
2. Only boat owners and their guest will be allowed on the docks. Any children
under the age of 10 must weara lifejacket whileon the docksand be supervised
by an adult.
3. No loitering or trespassingafter business hours except for tenants.

4. Restroomswill only be open during business hours.
5. No smoking is permitted within any structure within 100feet of fuel pumps or

associated apparatus.
6. Any vessel put in by the marina's boathoist and requiring to be liftedout foe
sameday must return to the hoistat least30 minutes prior to close ofbusiness
hours. Any vessel that has not returned by this time will be subjectedto an
overnight docking fee hi accordance to transient wet slip rentals.
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WET SLIP RENTAL AGREEMENT

Annual Lease
GOLDEN MARINA ENTERPRISES, INC

D/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:
Vessell Name:
Beam:.
State Registration No.

Manufacturer:
Vessel Color:
Cell Phone:
Length:
Year:
Model:
(the "Vessel").
In consideration of the rents and covenants hereinafter set forth,
, as landlord
hereunder ("Landlord") leases to Tenant, and Tenant leases from Landlord, the Premises ( as defined in
Paragraph 2 herein) upon the terms and conditions of this Vessel Storage and Lease Agreement (this
Agreement) entered into and dated asof:
, Year:
(the "Effective Date").
This agreement must be accompanied byeither a credit card or bank debit authorization unless other credit
terms are mutually agreed upon between Landlord and Tenant. Tenant hereby authorizes Landlord to
charge the credit or debit card identified below for all purchases, when they occur, and all rental storage
charges, on the first day of each month. Authorization willbe cancelled on thesame date Tenant's Vessel
is removed from the Marina (as defined in Paragraph 2 of this Agreement) and (herequired advance notice
isgiven by theTenant to Landlord and Tenant hasmet all theterms of this Agieement:
CREDITCARD
Visa( ) MC( )
Amex( )
Card Number:
Exp:
Cardholder Name:
Cardholder Signature:.
1) Term. The term of this Agreement shall begin as of

"Commencement Date") and expires on
, Year
LEASE
AGREEMENT
WHICH
SHALL
BE
, Year
(the
. THIS ISAN ANNUAL
AUTOMATICALLY
RENEWED
FOR
ADDITIONAL PERIODS OF ONE (1) YEAR EACH, UNLESS TERMINATED BY EITHER

PARTY, GIVING AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO THE
OTHER PARTY, PRIOR TO THE END OF ANY ONE (I) YEAR TERM.
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3/3/15
2) Premises. Tenant hereby leases from Landlord that certain (boat slip/storage space) property
owned by Landlord and called Marina (the "Marina") which storage space shall be hereinafter
referred 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, which
amount shall be subject to change by Marina commencing on the 1" anniversary of the
Commencement Date and continuing at any time thereafter upon 30 days prior written notice to
Tenant.
If the aforementioned beginning date is other than the fust day of the calendar month, then the rental
shall be prorated for the first month from such beginning date.
_(B) Tenant shall pay Landlord such annual rent which is divided into twelve equal monthly
installments 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 the
calendar month, then the rental shall be prorated for the first month from such date. First month's rent
is S
prorated from the Commencement Date. Rent shall be subject to change by
Marina commencing on the l" anniversary of the Commencement Date and continuing at any time
thereafter 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's
violation of any Rules and Regulations or in the event of risk to public safety or health. If the
Vessel remains at the Marina following the termination of this Agreement, and without limiting
the rights of Landlord, Tenant will be obligated to pay theapplicable daily fee until theVessel is
removed from property. Annual Contracts terminated by Occupant prior to annual renewal date
will be charged a penalty figured as follows: the number of months remaining on the contract
multiplied by 150% times the monthly rate. Tenant authorizes Inndlord to charge Tenant's
credit 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 $
per
month, which amount may be adjusted by Landlord to account for any increase in the
cost 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 the rent is unpaid. Furthermore, if Tenant
fails to pay any rent or other sums whendue hereunder, Landlord shall have the riglit to
prohibit Tenant's access to the Premises and its Vessel until such time as Tenant pays
any overdue rent or other monetaryamount.
6) Lien. Tenant acknowledges that Landlord has, and shall have, a lien upon the Vessel and her
appurtenances and contents, for unpaid sums due Landlord for the useof (he Premises and other
facilities/services at the Marina, or for damage caused or contributed to/by the Vessel or the
Tenant, his guests, invitees or agents, to any docks, or other property at the Marina or any other
person at the Marina, in accordance with the lien law of the State in which the Marina is located
and 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 in
favor oft ( Name and Address)
7) Use & Conditions. Subject to all laws applicable to the Premises, Tenant shall have the right to
use the Premises as a Vessel storage space only. The Premises is to be used at the sole risk of
Tenant. Tenant, his heirs or assigns, hereby waives any and all claims against and releases
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3/3/15
Landlord from any and all liability or responsibility to Tenant or anyone claiming through or
under Tenant for any loss or damage for personal injury loss of life, to the Vessel and any other
propeity 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 Its
faciUties, and Tenant, his heirs and assigns, shall protect, defend indemnify and save Landlord
harmless from any and all claims, penalties, or demands, including court costs and attorney fees,
including appeals, whatsoever arising, directly or indirectly, out of or from (a) the use or
occupancy of the Premises or the Marina by Tenant, its heirs and assigns, guests, employees,
invitees or agents; (b) any breach or default 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 to
indemnify and hold harmless Landlord from any and all liability for, or loss or damage to the
above described property orthecontents thereof, due to thetheft, collision, windstorm, accident or
like causes. Landlord is not considered under this Agreement as an insurer of any Tenant's
propeity, and Tenant shall secure such insurance. Landlord wHl not be held responsible for
contents of the Vessel, such as fishing equipment, life preservers, ski or electronic equipment or
any other items of personality left or stored in theVessel. Tenant is advised to remove all items
not permanently attached to the Vessel while Vessel is in storage. Tenant hereby accepts the
conditions of the premises ( including slip, dry storage area and Marina) "AS IS" and Tenant
acknowledges 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 the Vessel by maintaining
key security. Landlord has no needor desire to have access to Tenant's keys and Landlord shall
have no liabilitywhatsoever related to any such keys.
9) Insurance. Tenant agrees to have the Vessel covered by a fttll marine insurance package (hull
coverage as well as indemnity and liability coverage) with liability insurance in an amount as may
be reasonably requested by Landlord from time to time but not less than $300,000.00. The
Landlord also requires that the Marina and Landlord be named as an additional insured on
Tenant's policy. Tenant shall be required to file in the office of the Marina a copy of the
certificate of insurance demonstrating compliance with the terms hereof. Such certification shall
be filed on or before the Commencement Date. Thereafter, Tenant shall be required to maintain in
the office of the Landlord, a current, up-to-date copy of the certification of insurance
demonstrating compliance with the terms thereof. Said policies shall not be cancelled for any
reason unless and until Landlord is given thirty (30) days notice in writing by the insurance
company. All such certifications shall be filed with Landlord, on or before the expiration date of
the 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 a
claim for any injury or loss whatsoever while moored at the Marina, theTenant shall present said
claim to his/her insurance carrier.
I haveinsurance from my own insurance agent or company, (initial).

Name of Company:
Policy Number:
Policy Expiration Date
10) Relationship between Parties. It is mutually agreed that Landlord shall not be held liable inany
manner for the safekeeping or condition of the Vessel and is not responsible therefore as
warehousemen, liveryman orbailee, butthat therelationship between theparties is simply that of
Landlord and Tenant, and it is understood and agreed by Tenant that Landlord will not be
responsible or liable for any damage or loss to or of the said Vessel, its Tenant or invitees
occasioned by any cause uponthe Premises 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 condition
at alltimesand that itsVessel will be regularly repaired and maintained. Tenant's Vessel shall be
able to get underway under Vessel's own power with her crew, and shall not create a fire hazard,
24
3/3/15
eyesore, or sinking hazard. Tenant shall keep the Vessel properly moored and dry within at all
times.
12) Assignment. This Agreement is for the use of Vessel storage for the above described Vessel
only. Tenant may not transfer or assign this Agreement or sublet the whole or any part of the
Premises.
13) Endnngerment. All persons causing injury or damage to other persons, piers or other Vessels
shall be liable therefore, and violations of basin rules, disorder, or indecorous conducted by a
patron, his crew or guest that might injure a person, cause damage to property, or harm (lie
reputation ofthe Marina and Landlord, is cause for immediate removal of the Vessel in question
from the Premises. Children and pets must be controlled by Tenant to ensure the peace and
privacy of other Marina guests. Tenant agrees that he/she will indemnify and hold harmless the
Landlord, its agents and employees from and against any claims, damages, losses and expenses
arising out of the acts caused in whole or hi partby the Tenant's negligent act or omission or that
ofanyone employed by Tenantor forthose whoseactsthe tenant may be liable.
14) Loss or Damage. MARINA IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE
VESSEL , INCLUDING, WITHOUT LIMITATION, SPEEDOMETER PICKUPS, DEPTH
SOUNDER, TRANDSDUCERS, TRIM TABS, OR ANY OTHER ITEMS ATTACHED TO
THE BOTTOM AND/OR TRANSOM OF THE VESSEL.
LANDLORD IS NOT
RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY VESSEL OR THE
VESSEL'S COMPATIBLITY WITH MARINA VESSEL HANDLING EQUIPMENT OR

STORAGE SUPPORT SYSTEMS. Tenant further covenants and agrees that Landlord shall not
be liable to Tenant or his/her agents, guests, or employees for any damage to them or their persons
or 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 kind
whatsoever. The Marina assumes no responsibility for personal injury or death to the owner, his
crew, family, guests anywhere on the premises or docks. Damage allegedly occurring while the
Vessel was in storage or undergoing movement or repair must be immediately reported to the
Manager before the Vessel leaves the dock. Tenant acknowledges that the Vessel may incur
minor damage as a result of normal handling. Tenant further acknowledges that theft, vandalism
and damage due to dock conditions are problems inherent to Vessel storage and that the landlord
neither guarantees or implies the security or condition of any stored craft or shall be held in any
way responsible for securityor condition ofstored property
15) Equipment. Mechanical failure of Landlord's equipment at the Marina is sometimes
unavoidable. Landlord will use commercially reasonable efforts to avoid undue delay related to
Vessel's storage due to mechanical or personnel reasons.
16) Environmental. Tenant shaU keep the Premises and adjacent areas at the Marina clean and
orderly and in a first classcondition. Tenant, its agents, employees, invitees, or guests shall not
dump any solid waste (whether biodegradable or not) on the Premises or the Marina or in the
waters adjacent to the Marina. In addition, there shall be no dumping, generating or storing by
Tenant, or anyof it's agents, invitee's employees or guests, of any gasoline, oil, pollutants, or any
other hazardous materials. Tenant shall indemnify and save Landlord harmless from and against
all costs, expenses, Injunctions, fines, penalties and attorney's fees imposed against and incurred
by 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 any
flammable materials on the Premises or the Marina.
17) Vessel repairs. Neither Tenant nor any outside contractors, service organizations or individuals
will be allowed to undertake any work on the Vessel in the Marina complex without the prior
written consent of Landlord and proof of$300,000.00 liability insurance.
18) Advertising. Advertising or soliciting shall not be permitted on the Vessel otherthan Vessels that
may be for salethrough the Marina and any such advertising shall be subjectto Landlord's prior
writtenapproval.
19) Equipment Compatibility. Should a question arise whether or not a Vessel is rack storable/and
or forklift movable, it shall be the Tenant's responsibilityto seek throughVessel manufacturer, an
answer to the question. Marina shall not be held responsible for damage to any Vessel not
deemed rack storable and/or forklift moveable and any such damage shall be at the sole cost and
expense ofTenant.
25
3/3/15
20) Default. If one ormore of the following events ( herein called an "Event of Default" or"Events
of Default") shall occur and shall be continuing at the time any notice required to be given is
given as hereinafter provided, that is to say: (i) if Tenant shall fail to pay any rent or other
monetary amount within five (5) days after same is due in accordance with the terms of this
Agreement; or(ii) if Tenant shall fail to keep or perform orabide by any other requirement, term,
condition, covenant, oragreement of this Agreement orof theRules and Regulations nowineffect
or hereafter adopted or of any notice given Tenant by Landlord pursuant to the term's of this
Agreement and such default shaU continue for a period often (10) days after notice to Tenant of
such default; or (Hi) if Tenant's interest in this Agieement or the Premises shall be subjected to
any attachment, levy, or sale pursuant to any order or decree entered against Tenant in any legal
proceeding 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 remedies
provided by law shall have the right without notice or demand and at the option of the Marina,
immediately to terminate this Agreement, to re-rent the Premises, with orwithout terminating this
Agreement, and to collect from theTenant any damages resulting from the default, including but
not limited to, reasonable attorney fees and Landlord shall have the right to accelerate any rent or
other monetary amounts which would have been due over the remainder of the term of the
Agreement. Upon any re-entry pursuant to this paragraph, Landlord may, without liability to
anyone for trespass or conversion, remove the Vessel and any other propeity located in or about
the Premises, whether belonging to the Tenant or otherwise and store such Vessel and/or property
at the Tenant's expense. The Vessel and/or property so removed or left upon the Premises shall
be deemed abandoned if the Tenant has made no written demand for it within ten (10) days of the
termination of this Agreement or Tenant's payment of expenses, ifany, incurred by the Landlord
in removing andstoring theVessel and/or property. If the Tenant, however, makes no demand or
if the Tenant fails to remove the Vessel and/or property, Landlord shall be entitled to a lien and
security interest in the Vessel and any such propeity so removed securing the payment of any
sums owed by the Tenant to Landlord under this Agreement. With respect to such security
interest, Landlord shallhave all the rightsofa secured creditorunder applicable 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 applicable
insurance deductible upon proofor payment by the Tenant. In no event shall Landlord be Uable
for consequential damages or economic loss regardless of cause of the loss or claim of
forseeability.
22) Live aboard. Tenant agrees that the Vessel may not be used as a live aboard or otherwise as a
place ofresidence unless previously agree to in writing by the Landlord.
23) Amendment. Landlord reserves the right to amend this Agreement and/or the rules and
regulations to be promulgated by Landlord from tune to time. Landlord shall provide Tenant with
thirty(30) days prior written noticeofanychanges to same.
24) Vessel in Peril. Only pleasure Vessels, in good and seaworthy condition, and under their own
power shall be permitted to enter the Premises. In the event an emergency occurs, Landlord
reservesthe right but not the responsibility, to take such actionsas it deems necessaryand prudent
to safeguard the Vessel, its Premises, adjacent Vessels, or propeity of Landlord. Landlord shall
have the right, but not the obligation, to move and operate the Vessel during emergencies or for
the making of repairs when required, at the sole discretion of the Landlord. Landlord shall have
the right, but not the obligation to board the Vessel in order to pump out said Vessel if it is
determined by the Landlord to be in danger ofsinking. Tenant shall reimburse Landlord for such
services upon demand therefore, and Marina shall have the right to collect the same under the
provisions ofthis Agreement
25) Rules and Regulations. Any rules and regulations promulgated by Landlord and posted in a
conspicuous place on the Marina or otherwise made known tothe Tenant including any additional
rules and regulations promulgated by Landlord concerning this tenancy and made known to
Tenant by conspicuous posting or otherwise, are made a part of this Agreement, and Tenant shall
comply atall times with such rules and regulations. Rules and regulations maybe amended from
time to time by Landlord without prior writtennotice to Tenant.
26
3/3/15
26) Non Waiver. No waiver of any breach of any obligation or promise contained herein shall be
regarded as a waiver of future breach of thesame orofany other obligation.
27) Attorney's fees and Jury Trial. In theevent of Tenant's breach hereunder, and Landlord retains
an attorney to represent it with connection with such breach, then Tenant agrees to pay to
Landlord ail reasonable attorney fees incurred by Landlord in connection therewith. If Landlord
brings 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 of
this Agreement, and in the event Landlord prevails, Landlord shall be entitled to recover all costs
and attorney's fees incurred in addition to the relief granted. Landlord and Tenant waive their
respective rights to trial by jury of any cause of action, claim, counter claim, or cross complaint
brought by either Landlord against Tenant orTenant against Landlord on any matter arising out
of, or in any way connected with this Agreement, Tenant's use of the Premises, or any claim of
bodily iqjury or property damage or the enforcement of any remedy under any law, statute or
regulation.
28) disunity and Condemnation. If any part of the Premises or the Marina is damaged or destroyed
by fire, storm, Act of God, or any other casualty, or if any part of the Premises or Marina is take
for any public or quasi-public use under any governmental law, ordinance, or regulation by riglit
of eminent domain or by private purchase in lieu thereof, Landlord shall have the right to
terminate this Agreement upon prior written notice to Tenant.
29) Compliance with Laws. Tenant shall comply with all requirements of any State or Federal
statute, 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 writing
and shall be personally delivered or forwarded by registered or certified mail, return receipt
requested, or by nationally recognized courier service providing written confirmation of delivery,
to the addresses of the parties specified in this Agreement. Notice shall be deemed to have been
given or served on the delivery date indicated by the United States Postal Service or courier
service 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 of
personal delivery shall be deemed in the effective date of notice. Either patty may be change its
address by providing written notice as specified herein; provided, however, all addresses provided
must be the actual street address of a residence or business establishment.
31) Transfer of Landlord's Interest. The term "Landlord" as used in this Agreement means only
the owner or the mortgagee in possession forthe time being of the land and building or the owner
of the lease of the building or of the land and building of which the Premises are a partso that in
the event of any sale or sales of land and building or said lease, or in the event of a lease of said
building, or of the land and building, said Landlord shall be and hereby is entirely freed and
relieved of all covenants and obligations of Landlord hereunder and it shall be deemed and
construed without further agreement between the parties or their successors in interest or between
the parties and the purchaser at any such sale or the lessee of the building or of the land and
building, that the purchaser or the lessee of the building has assumed and agreed to carryout any
and all covenants and obligations of the Landlord hereunder. Landlord's assignment, sale or
transfer of the Agreement or of any or all of its rights herein shall in no manner affect Tenant's
obligations 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 of
trust now or hereafter placed on the propeity of which the Premises is a part; provided, however,
thatatthe option of the first mortgagee thisAgreement or portions ofthis Agreement canbe made
superior to the first mortgage or deed of trust; provided further that unless the entire Agreement is
madesuperior to such first mortgage or deed of trust, the holderof said mortgage or the trustee of
such deed oftrust shall agreethatthis Agreement shall not be divested or in any way affected by a
foreclosure or otherdefault proceedings under said mortgage, deed of trust or obligations secured
thereby, so long as Tenant shall not be hi default under this Agreement; and Tenant agrees that
this Agreement shall remain in full force and effect notwithstanding any default proceeding under
said mortgage, deed of trustor obligation secured thereby, including foreclosure. Tenant fiirther
27
3/3/15
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. Tenant
will, upon request by Landlord, execute and deliver to Landlord, orto any other person designated
by Landlord, any instrument or instruments required to give effect to the provisions of this
paragraph.
33) Use of slip/relocation. The Landlord has the soleresponsibility for management and assignment
of 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 to
terminate this lease if Tenant so notifies Landlord in writing within ten (10) days after notice of
the change; providing, however, thatsuch termination shallnot affect any obligations ofTenant to
the Landlord as of the date of the notice. When not occupied by Tenant, Landlord and/or Marina
may utilize empty berths or slips, without accounting to Tenant. Landlord reserves the right to
move the Vessel at the Tenant's risk and expense. Undertaking to move the Vessel will not be
deemed an assumption or responsibility for the safety, security and care of the Vessel by
Landlord, nor will Landlord be deemed a bailee.
34) Surrender of Slip. Upon termination of the Lease, Tenant shall suirender to Landlord the
premises in good, clean condition and remove the Vessel and all personal property associated
therewith. Any personal property not removed at the date of termination may be disposed of by
the Landlord in any manner the Landlord decides and Tenant waives all claims against Landlord
as a result thereof.
35) No Alterations. Tenant shall take good care of the Premises and, at the expiration or sooner
termination of this Lease, surrender and deliver the Premises to Landlord in as good condition ns
when received by Tenant from Landlord, reasonable wear and tear excepted. Tenant shall not
make 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 obligations
ofTenant to Landlord set forth above and hereafter, Tenant agrees to pay to Landlord any and all
damages suffered by landlord as a result of any damage caused to Marina and/or Premises by
Tenant or Tenant's Vessel, includingbut not limited to damage to docks, pilings, bulkhead, utility
lines, 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, property
damage, business interruption damage, personal injury, and any other damages, including
incidental and consequential damages, be they direct or indirect and regardless of whether the
damage is aggravated or incurred hi whole or in part by the negligenceof Landlord or its agents,
representatives, employees, invitees, partners or any other person, firm or entity.
37) Entire Agreement. This Agreement contains the entire agreementof the parties with respect to
its subject matter, and all prior or contemporaneous agreements, whether oral or written are
hereby merged into this Agreement.
The parties have hereunto set forth theirhands and sealsthis the
Tenant:
day of
, 2009.
Landlord:
Signature
By:_
Name:_
Title:"
28
3/3/15
City of Savannah Supplemental Responsive Documentation to 3-2-15 Open Record Request CITY000C63ORA

Emails, Letters Regarding The Coffee Bluff Marina

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Emails, Letters Regarding The Coffee Bluff Marina

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ihjavamiaft

OFFICE OF CITY ATTORNEY

Savannah Morning News

Open Record Act Request of March 2, 2015

Dear Mr. Curl:

Very truly yours.

Cc: Mr. Bret Bell

912 525-3267 fax

Joe Shearouse; LoisAdams

Assistant City Attorney

Gamble Building, 3rd Floor

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

Thomas Ray Golden

Very truly yours,

cc: Stephanie S. Culler, City Manager

Thomas Mahoney HI. Esq.

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

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

Mahoney & Mahoney, p.c.

110 Oglethorpe avenue East

Post Office box 786

DENNIS PIERCE (1906-1979)

Savannah. Georgia 31402

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

Mr. Joseph C. Shearouse

City of Savannah Leisure Services Bureau

Your letter dated February 12, 2015

Dear Mr. Shearouse:

This is in response to your February 12 letter directed to Golden Marina Enterprises

Facsimile (91a) 349-2248

City ofSavannah Responsive Documentation to Open Record Request of3/2/15

Mr. Joseph C. Shearouse

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

Mr. Joseph C. Shearouse

I would respectfolly request a response andsuggested datesfor such a meeting.

THOMAS J. MAHONEY, JR.

Mr. Brooks Stillwell, CityAttorney, City ofSavannah

City ofSavannah, Post OfficeBox 1027, Savannah, OA 31402

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

OFFICE OF CITY ATTORNEY

February 25, 2015

Golden Marina Enterprises

Mr. Thomas Kay Golden

Dear Mr. Golden:

Please contact Joe Shearouse to coordinate a "walk-through" of the Leased Premises

Ms. Stephanie Cutler (via email)

Thomas Mahoney. Jr.. Esq. (via overnight delivery)

> 13525-3167 Tax

iliri uiaii ViAax :iiinali;:.i."oy

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

OFFICE OF CITY ATTORNEY

February 25, 2015

'Thomas Mahoney. Jr.. Esq.

Demand for Possession - Coffee Bluff Marina

Golden Marina EiUcrpriscs'Tlioinas Rav Golden

inaccurate. The City acknowledges that he litis demanded installation of certain

City a&MM&Rsh/JBb58iiMfio i&BMBRB&&Mfa5

Ms. Stephanie Culler (via email)

W. Brooks Stillwell III. Esq. (via email]

William Shearouse. Esq. (via email)

nIS1 9IZ.f2S.)092 ina9i2.6fI.67O2

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

Specifically, we are requesting: