September 16, 2024 Regular Meeting 125 South Main Street Swainsboro, GA 6:001 P.M.  EMANUEL COUNTY BOARDOFCOMMISSIONERS:  1812  HE  : GROW  Commissioners: Chairman Hughl Foskey, District3  County Administrator: LG. Singletary County Clerk: County Attorney: Richard McNeely  Vice Chairman. Jim Sherrod, District4 Kawame Coleman, Districtl Ricky" Thompson, District2 Timmy Oliver, District5  Haleil Lamb  General Business Agenda  ITEM Call to Order; Welcomel Media and' Visitors Invocation Pledge of Allegiance Minutes  RESOURCEI PERSONFACUITATOR Chairman Hugh Foskey County Attomey Richard McNeely Vice Chairman. Jim Sherrod Chairman Hugh Foskey  REFER  TABI  Discussion and/or Action: Toa approvet ther minutes oft the August 29, 20241 budget! hearing; the August 29, 2024 millage rate: adoption meeting; and the August 19,2024 regular meeting.  Public Comments None old Business None New Business Warranty Deed Approval Agreement Adoption Resolution Budget Adoption Resolution  Chairman! Hugh Foskey Chairman Hugh Foskey  Discussion: and/or Action: Property Transfer- Limited Liability County Administrator. L. Guy Singletary  TAB2 TAB3 TAB4 TAB5 TAB6 TAB7 TAB8 TAB9 TAB10  Discussion and/or Action: Bond Authorization Resolution Discussion and/or Action: Public Facilities Authority Lease  County Administrator L. Guy Singletary County Administrator L. Guy Singletary  Discussion and/or Action: FY2024-2025 General Fund Budget County Administrator L. Guy Singletary Discussion: and/or Action: FY2024-2025 Speciall Revenue Fund County Administrator L. Guy Singletary Discussion: and/or Action: FY2023-2024 Budget Amendments County Administrator L. Guy Singletary  Discussion: and/or Action: LRA Project Award Discussion and/or Action: DFCS Board Re-appointment and Vacancy Announcement Discussion: and/or Action: DBHDDI Board Appointment (Chase Sherrod) Comments None Executive Session IrNeeded Adjourn  County Administrator) L. Guy Singletary County Administrator L. Guy Singletary County Administrator L. Guy Singletary  Chairman Hugh Foskey    KAWAMEC COLEMAN, RICKY THOMPSON, HUGH FOSKEY, DISTRICTIIL JIMS SHERROD, DISTRICTIV TIMMY OLIVER, DISTRICTV  L.GUY SINGLETARY, COUNTY ADMINISTRATOR RICHARD MCNEELY, COUNTY ATTORNEY JUSTIN MORRIS, PUBLIC WORKS  CLERK  1812  EMANUEL COUNTY BOARD OF COMMISSIONERS:  HE L TO GROW  REGULAR, MEETING . MINUTES. September 16, 2024, 6:00 P.M.  Name  Position  Status  Hugh Foskey Jim Sherrod Kawame Coleman Ricky Thompson Timmy Oliver Richard McNeely L. Guy Singletary Halei Lamb  Chairman Vice Chairman Commissioner Commissioner Commissioner County Attorney County Administrator County Clerk  Present Present Present Present Present Present Present Present  Chairman Hugh Foskey greeted the guests and opened the meeting. County Attorney Richard McNeely gave the invocation. Vice Chairman Jim Sherrod led the Pledge of Allegiance.  A motion was made to approve the minutes of the August 29, 2024 budget hearing; the. August 29,2024 millage rate adoption meeting; and the August 19, 2024 regular meeting minutes.  MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Timmy Oliver  FAVORED: ALL INE FAVOR-- Vice Chairman Jim Sherrod, Commissioner/mmy Oliver, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner Ricky  Thompson NAYS: None ABSTAINED: None ABSENT: None  Doug Gebhardt gave a presentation on the behalf of Davenport concerning results and  recommendations ofa competitive bonds sale.  AI motion was made to approve a limited liability warranty deed which will transfer ownership of 2 specific properties to the Emanuel County Public Facilities Authority. (A copy of this deed will  be recorded with the minutes.)  MOTION: Vice Chairman Jim Sherrod  1/Page    SECOND: Commissioner: Kawame Coleman  FAVORED: FOUR. INFAVOR -- Vice Chairman Jim Sherrod, Commissioner Kawame Coleman, Commissioner Ricky Thompson, CommisionerTimmy, Oliver NAYS:ONEOPPOSED - Commissioner Hugh Foskey  ABSTAINED: None ABSENT: None  Amotion was made to adopt ar resolution to ratify the authorization of bonds by the Emanuel County Public Facilities Authority. A copy oft this bond authorization resolution will be recorded  with the minutes.  MOTION: Commissioner Ricky Thompson SECOND: Commissioner Timmy Oliver  FAVORED:FOUR INFAVOR: - Commissioner Timmy Oliver, Commissioner Ricky Thompson, Vice Chairman Jim Sherrod, Commissioner Kawame Coleman NAYS:ONE OPPOSED - Commissioner Hugh Foskey  ABSTAINED: None ABSENT: None  Amotion was made to adopt an agreement to lease back the 2 properties from the Public Facilities Authority. A copy of this lease agreement will be recorded with the minutes.  MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Ricky Thompson  FAVORED:. ALL INFAVOR - Vice Chairman. Jim Sherrod, Commissioner Ricky Thompson, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner  Timmy Oliver NAYS:None ABSTAINED: None ABSENT: None  Ar motion was made to accept a resolution to adopt the new general fund budget. A copy of the FY2024-2025 General Fund Budget Adoption Resolution will be recorded with the minutes. FAVORED:. ALL INI FAVOR - Commissioner Timmy Oliver, Vice Chairman Jim Sherrod, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner  MOTION: Commissioner Timmy Oliver SECOND: Commissioner. Jim Sherrod  Ricky Thompson NAYS:None ABSTAINED:None ABSENT: None  An motion was made to adopt the new special revenue fund budget. A copy oft the FY2024-2025 Special Revenue Fund Budget Adoption Resolution will be recorded with the minutes.  MOTION: Commissioner Ricky Thompson  2IPage    SECOND: Commissioner Kawame Coleman  FAVORED: ALL IN FAVOR: - Commissioner Ricky Thompson, Commissioner Kawame Coleman, Chairman Hugh Foskey, Vice Chairman Jim Sherrod, Commissioner  Timmy Oliver NAYS: None ABSTAINED: None ABSENT: None  A motion was made to approve amendments to the current year's budget. A copy of the FY2023-  2024 Budget Amendments will be recorded with the minutes. MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Kawame Coleman  FAVORED: ALLIN FAVOR- Vice Chairman Jim Sherrod, Commissioner Kawame Coleman, Chairman Hugh Foskey, Commissioner Ricky Thompson, Commissioner  Timmy Oliver NAYS: None ABSTAINED: None ABSENT:None  An motion was made to approve low bidder Sikes Brothers as the contractor for the 2024 Local Resurfacing Assistance (LRA) Project. A copy of the bid summary and contractor  recommendation letter will be recorded with the minutes. MOTION: CommissionerTimmy Oliver SECOND: Commissioner) Ricky Thompson  FAVORED: ALL IN FAVOR- CommissionerTimmy Oliver, Commissioner Ricky Thompson, Chairman Hugh Foskey, Vice Chairman Jim Sherrod, Commissioner  Kawame Coleman NAYS: None ABSTAINED: None ABSENT: None  An motion was made to re-appoint Martha Anders to the Emanuel County Department of Family and Children Services (DFCS) Board. A copy ofthe re-appointment resolution will be recorded  with the minutes. The board also announced a vacancy on this board.  MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Kawame Coleman  FAVORED: ALL INJ FAVOR - Vice Chairman Jim Sherrod, Commissioner Kawame Coleman, Chairman Hugh Foskey, Commissioner Ricky-Thompson, Commissioner  Timmy Oliver NAYS: None ABSTAINED: None ABSENT: None  3IPage    An motion was made to appoint Chase Sherrod to the Department of Behavioral Health and  Developmental Disabilities (DBHDD) Board. MOTION: Commissioner Ricky Thompson SECOND: Commissioner Timmy Oliver  FAVORED: FOUR INI FAVOR - Commissioner Ricky Thompson, Commissioner Timmy Oliver, Chairman Hugh Foskey, Commissioner Kawame Coleman ABSTAINED: ONE. ABSTAINED - Vice Chairman Jim Sherrod  NAYS: None ABSENT:None  There being no further business, the meeting was adjourned in good order.  Chairman_  County Administratof  -  Hgh Fky  4IPage    RETURN TO: RICHARDI M. MeNEELY,P.C. P.O.BOX 767 SWAINSBORO, GA3 30401  LIMITED WARRANTY DEED  GEORGIA, EMANUEL COUNTY.  THIS INDENTURE, Made and entered into this Ilday orpaskac22a, between EMANUEL COUNTY, A Political Subdivision of the State of Georgia, of the First Part, and EMANUEL COUNTY PUBLIC FACILITIES AUTHORITY, A Body Corporate and Politic and an Instrumentality of the State of Georgia, of the County of Emanuel, and State  ofGeorgia, of the Second Part: WITNESSETH:  That the said Party oft the First Part, for and in consideration ofthe sum OfOTHER GOOD AND VALUABLE CONSIDERATION AND TEN. AND NO/100 DOLLARS ($10.00) in hand paid, at and before the sealing and delivering of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Party oft the Second Part,  its heirs and assigns, all the following described property, to-wit:  TRACTONE: All that tract or parcel of land lying, situate and being in the City of Swainsboro, 53rd G.M. District, Emanuel County, Georgia, fronting One Hundred Forty-Six and Six-Tenths (146.6) feet on the East side ofNorth Main Street and extending back on the North boundary a distance of Two Hundred Twenty-Five and Eight One Hundredths (225.08) feet and on the South boundary a distance of Two Hundred Twenty-Five and    Twenty-Eight One-Hundredth. (225.28) feet along] East Main Street, and being One Hundred Forty-Five and One-Tenth, (145.01) feet wide in the rear. Said property is more particularly described by plat made by J.D. McLeod, Surveyor, dated April 16, 1974, which is recorded in the Office ofClerk, Emanuel Superior Court in Plat Book 8, page 65 to which reference is  made as a part oft this description.  Said tract of land is the same as that conveyed to Emanuel County, a political subdivision of the State ofGeorgia by Warranty Deed from the Citizens BankofSwainsboro dated April 23, 1974, which is recorded in Deed Book GI, page 555 of the Emanuel County  Deed Records.  TRACTTWO: All that tract or parcel of land lying, situate and being in the City of Swainsboro, 53rd G.M. District, Emanuel County, Georgia containing Eight and One-Half (8.5) acres, more or less, and bounded now or formerly as follows: Northwest by the right- of-way of West Moring Street, lands of Valley Realty Company, and lands of James L. Mason; Northeast by lands ofValley Realty Company, lands of James L. Mason, and South Green Street; Southeast by the Georgia and Florida Railroad right-of-way; South by lands  ofRural Housing Partnership, Inc.; and Southwest by Mary Ann Street.  Said tract ofland is the same as that conveyed tol Emanuel County Commissioners by deed from L-HAM Holdings, LLC dated June 8, 2021 which is recorded in Deed Book 518, page 505-507 of the Emanuel County Deed Records and by a series of quitclaim deeds from various grantors to the Emanuel County Commissioners recorded in Deed Book 518, pages  508-519.  TOHAVE AND TO HOLD the said above granted and described property, with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of the said Party of the Second Part, its heirs, executors, administrators and assigns, in FEE SIMPLE; and said Party oft the First Part specifically warrants the title to the said bargained property above described against the lawful claims of all persons claiming by, through  or under the Party of the First Part.    IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and  seal, and delivered these presents, the day and year first above written.  EMANUEL COUNTY  By: Attest  Signed, Sealed and Delivered in the Presence of: lailhe  'Witness  Baklat  Notary Public  FORINE TAR) Exp. CEme PUBL9 SON COU  CABINETDABIwORKNABYREALIESTATREC.ECPALWDdos    A RESOLUTION OF THE BOARD OF COMMISSIONERS OF EMANUEL COUNTY, GEORGIA (THE "COUNTY") RATIFYING A BOND RESOLUTION ADOPTED BY THE EMANUEL COUNTY PUBLIC FACILITIES AUTHORITY (THE "AUTHORITY") AUTHORIZING THE ISSUANCE OF ITS SERIES 2024 REVENUE BONDS; TO AUTHORIZE A LEASE CONTRACT WITH THE AUTHORITY; TO AUTHORIZE THE PROPER OFFICERS OF THE COUNTY TO TAKE SUCH ACTIONS RELATING TO THE ISSUANCE AND DELIVERY OF THE BONDS; AND WHEREAS, the County is a political subdivision of the State of Georgia and a governmental body as defined in the Revenue Bond Law of the State of Georgia, codified in Official Code of Georgia Annotated $ 36-82-60 through $ 36-82-85(the "Revenue Bond Law"); WHEREAS, the. Authority was created by an act oft the General Assembly oft the State of Georgia, Ga. Laws 2023, p. 3739 (the "Act"), which authorizes the Authority to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate manage and equip "projects" located on land owned or leased by the. Authority; such "projects" are defined in the Actt to includer real andj personal property, land, buildings, structures, sanitaryand surface water sewers, utilities,, including natural gas distribution, telecommunications, fiber, cable, and broadband services, and other public property determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of] Emanuel County, the Emanuel County School District, or any municipality or political subdivision located in Emanuel County, or the State ofGeorgia in the performance ofits governmental, proprietary, and WHEREAS, the County is authorized pursuant to Article IX, Section m, Paragraph Iof the Constitution ofthe State ofGeorgia, to contract for any period note exceeding 50 years with the Authority forj joint services, for the provision ofservices or for thej joint or separate use offacilities or equipment, provided such contracts deal with activities, services or facilities which the WHEREAS, at the request of the County, the Authority adopted a bond resolution on September 16, 2024 (the' "Bond Resolution")1 providing for thei issuance ofitsl EMANUEL COUNTY PUBLICFACILITIES. AUTHORITY REVENUE! BONDS (EMANUEL COUNTY PROJECTS), SERIES 2024, in the aggregate principal amount of $10,110,000 (the "Series 2024 Bonds"), to provide funds to finance the renovation, construction and equipping of governmental administrative buildings for use by the County, as more particularly described in the plans and specifications therefore on file with the County (the' "Projects"), and to pay the costs ofi issuance oft the Series 2024 Bonds; and WHEREAS, payment oft the Series 2024 Bonds shall be secured by a first and prior pledge ofand charge on the Basic Rent (as defined in thel Lease) tol bej paid henceforth by the County for the use of the Projects pursuant to the provisions of an intergovemmental lease contract to be entered into as oft the date of issuance and delivery of the Series 2024 Bonds (the "Lease"), the  FOR OTHER PURPOSES.  and  administrative functions; and  contracting parties are authorized by law to undertake or provide; and  form ofwhichi is on file with the County; and    WHEREAS, thel Lease provides fort thej payment by the County, asl Lessee, tot the Authority, or to its assignee for the account of the Authority, of the amounts to be set forth in the Lease sufficient to pay the principal of and interest due on the Series 2024 Bonds as the same shall WHEREAS, upon payment in full of the Series 2024 Bonds, any parity bonds or other obligations issued by the. Authority to finance the Projects, the Authority will convey title to the WHEREAS, in accordance with an Official Notice of Sale dated September 9, 2024, the Authority received electronic bids for the purchase of the Series 2024 Bonds on September 16, 2024, and the County Administrator, with the assistance of Davenport & Company LLC, as financial advisor to the County, reviewed the bids and determined that the best bid for the Series 20241 Bonds was submitted by StoneX Financial Inc., and said bid was verbally accepted onl behalf WHEREAS,iti is proper that thel Board ofCommissioners: ratify and approve the actions of the County Administrator and the actions oft the Authority in authorizing thei issuance oft the Series 2024 Bonds, and it is further necessary to authorize the Chairman or Vice Chairman to execute  become due and payable; and  Projects to the County without any further consideration; and  of the Authority and the City; and  and deliver the Lease. County as follows:  NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Emanuel 1. Thel Board lofCommisionerhehy approves and ratifies the actions ofthe County Administrator and the. Authorityi inj proceeding with financing the! Projects through the issuance of the Series 2024 Bonds as authorized by the Bond Resolution, including the acceptance of the bid for the Series 2024 Bonds submitted by StoneX Financial Inc., a copy of which is on file and of record with the County Clerk. Thel Bond Resolution, which is on file and ofrecord with the County Clerk, has been considered by the Board of Commissioners, and the issuance of the Series 2024 Bonds and the terms of the Series 2024 Bonds to be issued by the Authority arel hereby approved  in all respects.  2. TheBudofCommisionmi hereby approves the form oftheLease, and authorizes the Chairman or Vice Chairman of the Board of Commissioners, with the advice of the County Attorney, to finalize the terms ofthel Lease and the execution oft the Lease and such closing papers or other documents by the Chairman or Vice Chairman shall be conclusive evidence of such approval to provide for the issuance of the Series 2024 Bonds in accordance with the Bond  Resolution and to fulfill the obligations oft the County pursuant to thel Lease.  3. The Preliminary Official Statement having been deemed final by the County Administrator, the officials ofthe County are authorized and directed to provide such information as shall bei necessaryi in connection with the preparation and delivery ofthe final Official Statement  County Resolution 2    relating to the Series 2024 Bonds and the Chairman or Vice Chairman is authorized to execute the  final Official Statement.  4. The County hereby authorizes and approves the cxecution, delivery and performance by the officers ofthe County ofthe Continuing Disclosure Certificate, tol bc executed as oft the date of the issuance and delivery of the Series 2024 Bonds, the form of which is on file and ofr record with the County Clerk. The County hereby covenants for the benefit of the owners ofthe Series 2024 Bonds and the Underwriter to comply with its obligations under the Continuing  Disclosure Certificate.  5. The County hereby declares its official intent to reimburse original expenditures on the Projects in a principal amount not to exceed $10,110,000 with proceeds from the sale of the Series 2024 Bonds (to the extent permitted by S 1.150-2 ofthe U.S. Treasury Regulations). The County will pay original expenditures on the Projects from a construction or other account maintained by the County. The County will make its reimbursement allocations not later than 18 months after the later of(i) the date the original expenditure is paid or (ii) the date the Project is placedi ins service or abandoned, but in no event more than three years after the original expenditure  is paid.  6. The Chairman, Vice Chairman County Clerk, County Administrator, County Attorney and such other officers or agents of the County as may be required are directed to take such actions as are necessary to provide security for payment oft the Series 2024 Bonds, to fulfill the obligations of the County pursuant to the Lease, and to execute closing documents necessary for the issuance of the Series 2024 Bonds, as the same shall be delivered, supplemented, or amended, and to take such other actions as may be required in accordance with the intents and  purposes oft this resolution.  Adopted this September 16, 2024.  EMANUEL COUNTY, GEORGIA BomlrCommisiomer: Ey14hy -ugtnk  By:  County Resolution 3    COUNTY CLERK'S CERTIFICATE  NOW COMES the undersigned County Clerk ofEmanuel County, Georgia (the" "County"), keeper oft the records and seal thercof, and certifies that the foregoing is a true and correct copy of an resolution approved and adopted by the Board ofCommissioners of Emanuel County in public mecting properly and lawfully held and assembled on September 16, 2024, the original ofwhich resolution has been entered in the official records of the County under my supervision and is in  my official possession, custody, and control.  Ifurther certify that the mecting was held in conformity with the requirements ofTitle 50,  Chapter 14 of the Official Code ofGeorgia Annotated.  (SEAL EL E  County  Bepthak  812 MISSION    LEASE CONTRACT by and between  EMANUEL COUNTY PUBLICFACILITIES AUTHORITY  and  EMANUEL COUNTY, GEORGIA  Dated as of  2024  Relating to the issuance of  EMANUEL COUNTY PUBLICFACILITIES AUTHORITY REVENUE BONDS (EMANUEL COUNTY PROJECTS), SERIES 2024 in the aggregate principal amount of$10,110,000    TABLE OF CONTENTS ARTICLEI  DEFINITIONS; RULES OF CONSTRUCTION  Page  Section 1.01. Definitions of Certain Terms. Section 1.02. Rules ofConstruction  ARTICLEII  REPRESENTATIONS OF THE PARTIES  Section 2.01. Constitutional Authority for Lease Section 2.02. Creation and Powers of Authority Section 2.03. The Projects Section 2.04. Lease of Projects. Section 2.05. The Series 2024 Bonds  Section 2.06. Representations and Warranties of the. Authority. Section 2.07. Representations and Warranties by the Lessee.  ARTICLE II  ISSUANCE OF THE AUTHORITYSBONDS  Section 3.01. The Series 2024 Bonds Section 3.02. Date, Denomination, and Maturities. Section 3.03. Interest Payments. Section 3.04. Security for Bonds.  7  ARTICLEIV  ACQUISITION AND CONSTRUCTION OF PROJECTS  Section 4.01. Acquisition and Construction oft the Projects; Installation  ofl Improvements and Extensions by Lessee.  8  Section 4.02. Construction Fund.. Section 4.03. Agency ofLessee. Section 4.06. Costs of] Projects  Section 4.04. Modifications and Changes in Plans.. Section 4.05. Powers Vested in Authorized Lessee Representative. Section 4.07. Lessee to Provide Funds for Completion.. Section 4.08. Enforcement ofContracts and Surety Bonds.  ARTICLE' V  EFFECTIVE DATE AND TERM OF LEASE; RENTAL PROVISIONS  Section 5.01. Term ofLease. Section 5.03. Basic Rent. Section 5.04. Additional Rent.  11 11 11 12  Section 5.02. Possession; Quiet Enjoyment; Release ofl Property.  Lease Contract    Section 5.05. Rent as a Continuing Obligation of the Lessee.. Section 5.06. Prepayment of] Basic Rent.. Section 5.07. Call of Bonds for Redemption. Section 5.08. Basic Rent Deposited to Sinking Fund. Section 5.09. Lessee's Obligations Unconditional Section 5.10. Lessee's] Remedies. Section 5.11. Tax Levy to Pay Rent Section 5.12. Failure tol Levy Tax. Section 5.13. Prior Lien of Bonds. Section 5.14. Parity Bonds.  12 12 12 12 13 13 13 14 14 14  ARTICLE VI OF PROJECTS BY LESSEE  REPAIRS, MAINTENANCE, OPERATION, AND ALTERATION  Section 6.01. Use, Operation, Maintenance, and Repair. Section 6.02. Removal of] Equipment Section 6.03. Projects Free from Liens. Section 6.04. Alterations and Improvements to Projects.  15 15 15 16  ARTICLE VII INSURANCE AND INDEMNITY  Section 7.01. Insurance. Section 7.02. Notice of Cancellation Section 7.03. Deductible Amounts. Section 7.04. Damage or Destruction. Section 7.05. Condemnation. Section 7.06. Condemnation Proceeds. Section 7.07. Repair by Lessee. Section 7.08. Parties to Condemnation,  17 17 17 17 18 18 19 19 19  Section 7.09. Authority Indemnified; Immunity of Members of Authority.  ARTICLE VIII REMEDIES  Section 8.01. Events ofI Default. Section 8.02. Remedies on Default.. Section 8.03. Payment After Default. Section 8.04. Remedies Not Exclusive. Section 8.05. Attorneys' Fees and Expenses. Section 8.06. Waiver of Breach Limited.  .21 : .21 22 22 23 .23 23 23  Section 8.07. Lessee. Authorized to Cure Default of Authority. Section 8.08. Failure to Enforce. Agreement Not a Waiver.  Lease Contract ii    ARTICLEI IX TERMINATION OF LEASE  Section 9.01. Cancellation ofLease by Payment of Bonds. Section 9.02. Conveyance ofProjects to Lessee..  24 .24  ARTICLE. 4 X  MISCELLANEOUS PROVISIONS  Section 10.01. Bondowners as Third Party Beneficiaries. Section 10.02. Amendment ofLease Restricted.  .25 25 25 25  Section 10.03. Severability Section 10.04. Counterparts. Exhibit A -LEGAL DESCRIPTION Exhibit B - DEBT SERVICE SCHEDULE  Lease Contract iii    STATE OF GEORGIA EMANUEL COUNTY  ) ) )  LEASE CONTRACT  This Lease Contract (this "Lease"), made and entered into as of  2024, by  and between the EMANUEL COUNTYPUBLICFACILITIES AUTHORITY (the"Authority"), a political subdivision of the State of Georgia and a public corporation thereof, as Lessor, and EMANUEL COUNTY, GEORGIA (the "County" or the "Lessee"),a political subdivision oft the  State of Georgia, as Lessee.  WITNESSETH THAT:  WHEREAS, the Authority was created by an act oft the General Assembly of the State of Georgia, Ga. Laws 2023, p. 3739 (the "Act"), which authorizes the Authority to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate manage and equip "projects" located on land owned or leased by the Authority; such "projects" are defined in the Act to include real and personal property, land, buildings, structures, sanitary and surface water sewers, utilities, including natural gas distribution, telecommunications, fiber, cable, and broadband services, and other public property determined by the. Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Emanuel County, the Emanuel County School District, or any municipality or political subdivision located in Emanuel County, or the State ofGeorgia in the performance ofits governmental, proprietary, and  administrative functions; and  WHEREAS, the Act also provides for the issuance of revenue bonds by the Authority in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated (the "Revenue Bond Law") for the purpose of paying all or any part of the costs of a project and for the purpose ofrefunding revenue bonds or other obligations previously  issued; and  WHEREAS, pursuant to Article IX, Section II, Paragraph I(a) oft the Constitution of the State of Georgia, any municipality or political subdivision ofthe State of Georgia may contract for any period not exceeding 50 years with any public authority for joint services, for the provision of services or for the joint or separate use of facilities and equipment, provided such contracts deal with activities, services or facilities which the contracting parties are authorized by law to  undertake or provide; and  WHEREAS, the Board of Commissioners of Emanuel County, the governing body of the County, has requested that the Authority issue it revenue bonds to provide funds to finance the renovation, construction and equipping of governmental administrative buildings for use by the County (the "Projects"), as more particularly described in the plans and specifications therefore  on file with the County; and  WHEREAS, surveys, plans, and specifications for the Projects, and estimated costs of the Projects are on file in the offices of the County and, by this reference thereto, are incorporated herein and made aj part hereofas fully as if set forth herein in their entirety; and  Lease Contract 1    WHEREAS, the Projects are within the purposes of the. Act and the County is authorized to enter into a lease and/or intergovermental contract with the Authority for the financing of the Projects in accordance with the Act and other provisions ofthe Constitution and laws of the State  ofGeorgia; and  WHEREAS, the County and the Authority have determined that it would be in the best interests oft the citizens ofthe County for the Authority to finance the Projects and for the County  to operate and maintain the Projects; and  WHEREAS, the Authority adopted a bond resolution on September 16, 2024 (the "Resolution") which provides funds for the acquisition, construction, and equipping of the Projects through the issuance of the EMANUEL COUNTY PUBLICFACILITIES AUTHORITY! REVENUE BONDS (EMANUEL COUNTY PROJECTS), SERIES 2024, in the aggregate principal amount of $10,110,000 (the "Series 2024 Bonds") and further authorizes the entering into of this Lease to  secure the payment ofthe Series 2024 Bonds; and  WHEREAS, the County has directly or through its intermediaries conveyed to the Authority the parcels of real property on which the Projects are to be installed, constructed, and  equipped; and  WHEREAS, the County, as Lessee, is authorized to levy taxes, without limitation as to rate or amount, and to expend tax money of the Lessee and other available funds and to obligate the Lessee to make payment thereof to the. Authority of the amounts provided for in this Lease; and WHEREAS, the Act provides that revenue bonds issued by the Authority shall not be deemed to constitute a debt of the County, but the County and Authority may enter into intergovermental contracts and leases pursuant to which the County may obligate itself to make the payments required under such contracts from moneys received from taxes and from any other source without creating a debt within the meaning of Article IX, Section V, Paragraph I of the  Constitution of the State of Georgia.  NOW, THEREFORE, in consideration ofthe foregoing and the respective representations, covenants, and agreements hereinafter set forth, and in order to secure payment of the Series 2024  Bonds, and for other purposes, it is hereby agreed as follows:  Lease Contract 2    ARTICLEI  DEFINITIONS; RULES OF CONSTRUCTION  Section 1.01. Definitions of Certain Terms. All words and phrases defined in the Preambles to the Resolution and this Lease and in Section 101 of the Resolution shall have the  same meanings in this Lease.  Section 1.02. RulesofConstruction. Unless the context clearly indicates to the contrary: (a) "herein," ? "hereby," "hereunder," "hereof," "hereinbefore," ""hereinafter,": and other equivalent words refer to this Lease and not solely to the particular portion thereof in which any  such word is used.  (b) any pronoun used herein shall be deemed to cover all genders;  (c) all references herein to particular Articles or Sections are references to Articles or (d) the titles preceding each Section ofthis Lease are for convenience ofreference only and are noti intended to define, limit, or describe the scope ori intent of any provisions ofthis Lease.  Sections of this Lease;  [END OF ARTICLEI]  Lease Contract 3    ARTICLEII  REPRESENTATIONS OF THE PARTIES  Section 2.01. Constitutional Authority for Lease. The Constitution of the State of "[A]ny county, municipality, school district, or other political subdivision oft the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide." Section 2.02. Creation and Powers of Authority. Under the Act, the Authority is empowered to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate manage and equip "projects" located on land owned or leased by the Authority which are defined in the Act to include real and personal property, land, buildings, structures, sanitary and surface watersewers, utilities, including natural gas distribution, telecommunications, fiber, cable, and broadband services, and other public property determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Emanuel County, thel Emanuel County School District, or any municipality orp political subdivision located in Emanuel County, or the State of Georgia in the performance of its governmental,  Georgia, Art. IX,SI, I(a), provides that:  proprietary, and administrative functions.  Section 2.03. The Projects. For and in consideration oft the Authority issuing its revenue bonds to provide funds sufficient, together with other funds available to the County and the Authority, to finance the costs oft thel Projects, and in accordance with the foregoing constitutional and statutory power and authority, the County, as grantor, has convey to the Authority, as grantee, the real property more particularly described on Exhibit A. Said real property together with any and all buildings, improvements, equipment and facilities located thereon, and any and all buildings, improvements, equipment and other facilities constituting a part of the Projects which may be hereafter acquired, constructed and installed with proceeds oft the Series 2024 Bonds, shall immediately become subject to the provisions hereof, and the. Authority and the County will take such actions as are necessary to amend this Lease to reflect the inclusion of such property under  the provisions hereof.  Section 2.04. Lease of Projects. The Lessee has determined that it is in the best interest ofthe Lessee tol lease the Projects from the. Authority. The facilities comprising the Projects shall be acquired, constructed, and equipped substantially in accordance with the plans and specifications therefor which are on: file with the County, which plans and specifications havel been and, by the execution of this Lease by the parties, hereby are approved by the. Authority and the Lessee. The Authority and the Lessee may amend the plans and specifications to include or delete real property, facilities, and items of personal property and equipment sO that all such facilities actually comprising the Projects will be utilized for the most efficient operation of the Lessee, in the performance ofits govermental, proprietary, and administrative functions.  Lease Contract 4    Section 2.05. The Series 2024 Bonds. In order to pay the cost of the Projects, the Authority has authorized the issuance oft the Series 2024 Bonds, for which provision is made upon the terms set forth in the Resolution, a certified copy of which Resolution is on file in the records  ofthe Authority and the Lessee.  Section 2.06. Representations and Warranties of the Authority. The Authority makes the following representations and warranties as the basis fort the undertakings and covenants herein  contained:  (a) The Authority is authorized to enter into the transactions contemplated by this Lease and to carry out its obligations hereunder, has been duly authorized to execute and deliver this Lease, and will do or cause to be done all things necessary to preserve and keep in full force  and effect its status and existence as an instrumentality of the State;  (b) The acquisition, construction, and equipping of the Projects, the issuance and sale of the Series 2024 Bonds, the execution and delivery of this Lease and the Resolution, and the performance ofa all covenants and agreements of the. Authority contained in this Lease and of all other acts and things required under the Constitution and laws of the State to make this Lease a valid and binding obligation oft the Authority in accordance with its terms are authorized by law and have been duly authorized! by proceedings oft the Authority adopted atj public meetings thereof  duly and lawfully called and held; and  (c) There is no litigation or proceeding pending, or to the knowledge of the Authority threatened, against the Authority or any other entity which would have a material adverse effect on the right of the Authority to execute this Lease or the ability of the Authority to comply with  any ofits obligations under this Lease.  Section 2.07. Representations and Warranties by the Lessee. The Lessee makes the following representations and warranties as the basis for the undertakings and covenants herein  contained:  (a) The Lessee is aj political subdivision created under the laws oft the State of Georgia having power to enter into and execute and deliver this Lease, and, by proper action of its governing body, has authorized the execution and delivery of this Lease and the taking ofany and all such actions as may be required on its part to carry out, give effect to, and consummate the transactions contemplated by this Lease and the Resolution, and no approval or other action by any governmental authority, agency, or other person is required in connection with the delivery and performance oft this Lease by it except as shall have been obtained as oft the date hereof; (b) The proceeds of the Series 2024 Bonds to be deposited in the Construction Fund under the Resolution, together with the investment income thereon, and together with such other funds, if any, as may be necessary to be contributed to the Projects by the Lessee in accordance with this Lease, will be sufficient to pay the cost of acquiring, constructing, and equipping the Projects substantially in accordance with the plans and specifications and in ai manner suitable for  the intended operations thereof;  (c) The Lessee does not rely on any warranty of the Authority, either express or implied, except as provided herein, as to any title to or condition ofthel Projects or that the Projects  Lease Contract 5    or any portions thereof will be suitable to the Lessee's needs, and the Lessee recognizes that the Authority is not authorized to expend any funds for thel Projects other than rental revenue received by it therefrom or the proceeds of the Series 2024 Bonds or other funds granted to it for such  purposes;  (d) Theauthorization, execution, delivery, and performance by the Lessee ofthisL Lease and compliance by the Lessee with the provisions thereof do not violate the laws of the State of Georgia relating to the Lessee or constitute a breach of or a default under any other law, court order, administrative regulation, or legal decree, or any agreement or other instrument to which it  isa party or by which it is bound;  (e) All portions of the Projects which shall have been acquired by the Lessee prior to the execution and delivery ofthe Series 2024 Bonds and for which the Lessee ist to receive payment or reimbursement from Series 2024 Bond proceeds shall have been the subject of a resolution or declaration of official intent under Treasury Regulations $ 1.150-2 adopted by the Lessee not later than 60 days after the date the Lessee pays for such equipment or other facilities;  (f) There is no litigation or proceeding pending or, to the knowledge of the Lessee, threatened against the Lessee or any other entity which would have a material adverse affect on the right of the Lessee to execute this Lease or its ability to comply with any of its obligations  under this Lease; and  (g) The Lessee will comply with and carry out all oft the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Lease, failure of the Lessee to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default under Resolution or this Lease; however, any Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Lessee to comply with its obligations under the Continuing Disclosure Certificate. For purposes oft this Section, "Beneficial Owner" means any person which (a). has the power, directly ori indirectly, to vote or consent with respect to, or to dispose ofownership of, any Bonds (including persons holding Bonds through nominees, depositories, or otheri intermediaries),  or (b) is treated as the owner of any Bonds for federal income tax purposes.  [ENDOFA ARTICLEIIJ  Lease Contract 6    ARTICLEI III  ISSUANCE OF THE AUTHORITY'S BONDS  Section 3.01. The Series 2024 Bonds. In order to provide funds to pay the costs of the Projects, the. Authority willi issue its Series 2024Bonds, payable in accordance with the Resolution, and allofthe covenants, agreements, and provisions hereofshall be for the equal and proportionate benefit and security of the owners of the Bonds without preference, priority, or distinction as to the charge, lien, or otherwise of any one Bond over any other Bond, sO that every owner of the  Bonds shall have the same rights, privileges, and lien by virtue hereof.  Section 3.02. Date, Denomination, and Maturities. The Series 2024 Bonds shall be dated as of their date of issuance and delivery and will be issued originally in book-entry form. The Series 2024 Bonds shall mature on September 1 in the years and in the principal amounts and  shall bear interest per annum at the rates ofinterest shown as follows:  Year Principal Amount Interest Rate  Year Principal Amount Interest Rate  2025 2026 2027 2028 2029 2030 2031 2032 2033 2034  $295,000 255,000 270,000 280,000 295,000 410,000 430,000 455,000 475,000 500,000  5.000% 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000  2035 2036 2037 2038 2039 2040 2041 2042 2043 2044  $525,000 545,000 575,000 600,000 635,000 660,000 685,000 710,000 740,000 770,000  4.000% 5.000 5.000 5.000 4.000 4.000 4.000 4.000 4.000 4.000  Section 3.03. Interest Payments. Interest on the Series 2024 Bonds will be paid on each Interest Payment Date, beginning March 1, 2025, in the manner stated in the Series 2024 Bonds until the obligation with respect to the payment of the principal thereof shall be discharged. Section 3.04. Security for Bonds. In order to secure the prompt payment oft the principal ofand interest on the Series 2024 Bonds according to their tenor, purport, and effect and in order to secure the performance and observance ofall the covenants, agreements, and conditions therein and herein contained and in consideration ofthe purchase and acceptance ofthe Series 2024 Bonds by the Bondowners, for other good and valuable consideration to the Authority in hand paid at or before the sealing and delivering of these presents, the receipt and sufficiency whereof are hereby acknowledged, and for the purpose of fixing and declaring the terms and conditions upon which the Series 2024 Bonds are to be issued, authenticated, delivered, secured, and accepted by the Bondowners, the Authority has pledged to the payment of the Bonds all the Basic Rent to be derived from this Lease, together with other funds and proceeds described in Section 701 of the  Resolution.  [END OF ARTICLE! mJ  Lease Contract 7    ARTICLEIV  ACQUISITION AND CONSTRUCTION OF THE PROJECTS  Section 4.01. Acquisition and Construction of the Projects: Installation of (a) The Authority will cause the proceeds from the sale oft the Series 2024 Bonds tol be applied in accordance with Section 401 ofthe Resolution, and thel Lesseel has conveyed thel Projects  Improvements and Extensions by) Lessee.  to the Authority in accordance with Section 2.03 hereof.  (b) The Authority authorizes the Lessee, subject to the terms and conditions set forth in this Lease, to provide for the acquisition, construction, and equipping of the Projects substantially in accordance with the plans and specifications which have been approved by the parties, and, from and after the initial disbursements from the Construction Fund for which provision is made in Section 4.02, the Lessee, as the agent of the Authority for such purpose, will undertake and complete, on behalf of the Authority, the acquisition, construction, and equipping of the Projects, and payment therefor shall be made from the Construction Fund in accordance with the provisions of Section 404 of the Resolution. The Lessee, as such agent, will make all contracts and do all things necessary: for the acquisition, construction, and equipping ofthe Projects for public use by the Lessee upon the terms and conditions set forth in this Lease. The Lessee will acquire, construct, and equip the Projects with all reasonable dispatch and with due diligence to  completion, delays caused by force majeure only excepted.  Section 4.02. Construction Fund. At and upon the delivery ofand payment of the Series 2024 Bonds, the Authority will apply the proceeds received from the sale thereof in the manner set forth in Section 401 of the Resolution and after the payment of the money provided for in subparagraphs (a) and (b)ofSection 401 oft the Resolution, the. Authority will deposit the balance oft the proceeds from the sale of the Series 2024 Bonds in the Construction Fund.  Section 4.03. AgencyofLessee  (a) The. Authority, by the authorization and execution ofthis Lease and by the adoption of the Resolution, appoints the Lessee as its agent to contract for and complete the acquisition, construction, and equipping of the Projects, including specifically the acquisition of easements, rights of way or other interests in property by condemnation or through other means, and to authorize payment of the costs thereof from the Construction Fund in accordance with the provisions of the Resolution, and the Lessee, by the execution hereof, accepts such appointment and covenants that it will complete the acquisition and installation of all equipment and other  facilities constituting a part of the Projects with due diligence.  (b) The agency created by this Section shall be irrevocable and shall terminate only upon completion oft the Projects, and nothing contained in this Lease shall relieve the Lessee ofits obligation to pay Basic Rent and additional rent pursuant to the provisions hereof.  Section 4.04. Modifications and Changes in Plans. There shall be made only such modifications or changes in the plans and specifications as may be directed by the Authorized Lessee Representative. The Authority will enter into or accept the assignment of such contracts as  Lease Contract 8    the Lessee may request in writing signed by the Authorized Lessee Representative in order to  accomplish such acquisition and installation.  Section 4.05. Powers Vested in Authorized Lessee Representative By the authorization and execution of this Lease, the Lessee hereby vests the Authorized Lessee Representative with the power and authority to act on behalfofthel Lessee in all matters relating to this Lease and to the Projects, to give all directions and make all certificates, requisitions, and requests required or authorized to be given or made hereunder, and to do all things required or  authorized to be done by the Lessee hereunder.  Section 4.06. Costs of Projects. For the purposes of this Article, the costs of acquiring, constructing, and equipping the Projects to be paid from the Construction Fund shall include the costs shown in the plans and specifications, and which may, but shall not necessarily, include the purchase of various items of real and personal property, including easements, rights of way, or other interests in property; costs of construction and installation; costs of indemnity and fidelity bonds; premiums on insurance, if any, in connection with the Projects during the acquisition, construction, and equipping of the Projects; fees and expenses of engineers and architects for surveys, estimates, preparation of plans, specifications, and drawings and supervising of acquisition, construction and equipping, as well as for the performance of all other duties of such engineers and architects ini relation tot thel Projects; actual expenses ofadministration ofacquisition; telephone, telegraph, office, and legal expenses; audits; and all other costs of expenditures not herein specified incident to the acquisition, construction, and equipping of modern and efficient facilities, including the preparation, issuance, marketing, and printing of the Series 2024 Bonds, financing charges, and all expenses incident to the financing of the Projects; all other expenses preliminary to authorization and issuance of the Series 2024 Bonds and obligations incurred for labor and contractors, builders, suppliers, and materialmen in connection with the Projects and for  the placing of various facilities comprising the Projects into operation.  Section 4.07. Lessee to Provide Funds for Completion. In the event the assets in the Construction Fund available forj payment of the costs of the Projects shall not be sufficient to pay the costs thereofi in full, the Lessee will complete the Projects and, unless Parity Bonds are issued to fund such deficiency, as provided in Section 507 of the Resolution, will pay directly or pay to the Authority for deposit into the Construction Fund the amount required for completion of the Projects. The Authority does not make any warranty, either express or implied, that the funds which will be paid into the Construction Fund from the sale oft the Series 2024 Bonds and which, under the provisions hereof, will be available for payment of the costs of the Projects will be sufficient to pay all the costs which will be incurred therefor. In the event the Lessee shall be required to pay any of the costs of completion of the Projects pursuant to the provisions of this Section, the Lessee shall not be entitled to any reimbursement therefor from the Authority or the Bondowners, nor shall it be entitled to any diminution ofthe rents payable under the provisions of  Sections 5.03 and 5.04.  Section 4.08. Enforcement of Contracts and Surety Bonds. In the event of default of any contractor or subcontractor under any contract made in connection with the Projects or in the event ofal breach of warranty with respect to materials, equipment, workmanship, or performance inc connection with the Projects, the Lessee, in its own name ori in the name oft the. Authority, may proceed, either separately or in conjunction with others, to exhaust the remedies of the parties  Lease Contract 9    against the manufacturer, contractor, or party soi in default and against each oft their sureties for the performance of such contract and may, prosecute or defend any action or proceeding or take any other action involving any such manufacturer, contractor, party, or surety which the Lessee deems reasonably necessary, and in such event the Authority agrees to cooperate fully with the Lessee and to take all action necessary to effect the substitution of the Lessee for the Authority in any such action or proceeding. Any amounts recovered by way of damages, refunds, adjustments, or otherwise in connection with the foregoing prior to the completion of the Projects shall be paid into the Construction Fund and after such completion shall be used for the purchase or installation  ofreplacement facilities or equipment or paid into the Sinking Fund.  [ENDOF ARTICLEIV]  Lease Contract 10    ARTICLEV RENTAL PROVISIONS  EFFECTIVE DATE. AND TERM OF LEASE;  Section 5.01. Term ofLease.  (a) The Authority leases to the Lessee and the Lessee leases from the Authority, for the use ofthel Lessee for the purposes specified herein andi in the Constitution and laws oft the State ofGeorgia, all real and personal property constituting the Projects, such real property being more particularly described on Exhibit A, which is attached hereto and made aj part hereof, in accordance with the provisions hereof, at the rental covenanted by the Lessee in this Article to be paid and in accordance with the provisions of this Lease. This Lease shall be the binding obligation of the parties from and after its execution by the last party to execute the same. The term oft this Lease shall begin with the issuance and delivery by the Authority of the Series 2024 Bonds and shall continuei ini full force and effect until all thel Bonds, and any other obligations ofthe Authority with respect to the Projects, which shall have been issued and are outstanding and the interest thereon have been paid or provision for the payment thereof shall have been made in accordance with the provisions of the Resolution, but in no event shall the term hereofexceed 50 years. portions thereofhavel been or will be properly conveyed to the Authority by thel Lessee. Section 5.02. Possession; Ouiet Enjoyment: Release of] Property.  (b) The Authority covenants that it has acquired fee simple title to the Projects. All  (a) The Authority will deliver to the Lessee sole and exclusive possession of the (b) The. Authority will not take any action to prevent the Lessee from having quiet and peaceable possession and enjoyment oft the Projects during the term oft this Lease and will, at the request of the Lessee, and at Lessee's cost, to the extent that it may lawfully do so, join in any legal action in which the Lessee asserts its right to such possession and enjoyment.  Projects and the Lessee will accept possession ofs such facilities upon such delivery.  Section 5.03. Basic Rent.  (a) At least five business days prior to each March 1 and September 1 in each year, beginning March 1, 2025, until the principal of and interest on the Series 2024 Bonds shall have been paid or provision therefor shall havel been made in accordance with thel Resolution, thel Lessee will deposit, for the account of the. Authority, directly to the Sinking Fund, as Basic Rent for the Projects, a sum equal to the amount necessary to provide sufficient funds for the payment of all principal and interest coming due on the Series 2024 Bonds, whether by reason of maturity, scheduled mandatory redemption or otherwise. Each payment of Basic Rent under this Section will be in such amount as will create a balance in the Sinking Fund sufficient to pay the total amount of all interest and principal payable on eachl March 1 and September 1 ofe each such year, and if at any payment date the balance in the Sinking Fund is insufficient to make the required payments ofinterest or ofinterest and principal on such date, the Lessee shall thereupon deposit the amount of any such deficiency to the Sinking Fund. The debt service schedule for the Series  2024 Bonds is set forth on Exhibit B and incorporated herein by reference.  Lease Contract 11    (b) Ats such time as the amount held in the Sinking Fund shall be sufficient to pay, at the times required, the principal ofand interest on the Bonds, the Lessee shall not be obligated to (c) All payments of Basic Rent will be applied in the manner provided in the Section 5.04. Additional Rent. The Lessee shall also pay to the persons entitled thereto as additional rent hereunder, until the principal ofa and interest on the Bonds shall have been fully paid or provision of the payment thereof shall have been made in accordance with the provisions  make any further payments ofBasic Rent.  Resolution.  oft the Resolution:  (a) all utility rents, service fees, maintenance, and other charges incurred in connection  with the Projects or any part thereof;  (b) the fees of the Bond Registrar and Paying Agent; and  (c) any and all other fees, charges, expenses, and items of any kind or nature whatever that may become due and payable by the Authority or the Lessee in any way arising out of the Resolution or the Projects or out oft the issuance oft the Bonds or out oft this Lease.  Section 5.05. Rent as a Continuing Obligation of the Lessee. In the event the Lessee should fail to make any ofthe payments required ini its Article, the item ori installment due and not paid shall be a continuing obligation of the Lessee until the amount due shall have been paid in  full together with interest thereon borne by the Bonds.  Section 5.06. Prepayment of Basic Rent. The Basic Rent for which provision is made in this Article shall be subject to prepayment, in whole or in part, for the purpose of paying, at the option of the Lessee, all or part oft the Bonds in accordance with the provisions of the Resolution. TheLessee: shall pay all costs which may be incurred in connection with thej payment or defeasance  oft the Bonds.  Section 5.07. Call of Bonds for Redemption. No prepayment of any amount of) Basic Rent in accordance with thej provisions of Section 5.06hereofshall relieve thel Lessee to any extent from its obligations hereafter to make the full Basic Rent and additional rent payments required by the provisions hereof until all Bonds issued under the Resolution and the interest thereon and the charges of the Bond Registrar and Paying Agent, if any, have been paid in full. Upon any prepayment of Basic Rent, as authorized by Section 5.06, inj part, the amount ofs such prepayment shall be used for the purpose of paying or redeeming the Bonds. Upon the prepayment of such Basic Rent in whole the amount ofsuch prepayment shall be used toj pay orredeem all Outstanding  Bonds in the manner provided in the Resolution.  Section 5.08. Basic Rent Deposited to Sinking Fund. The Basic Rent for which provision is made in Section 5.03(a) shall be deposited by the Lessee directly to the Sinking Fund for the account of the Authority. The additional rent for which provision is made in Section 5.04 shall be paid directly to the persons entitled thereto, or, with regard to the reasonable charges and fees, if any, of the Bond Registrar and Paying Agent in the circumstances described in Section  509(a) and (b) ofthe Resolution, to the special fund described therein.  Lease Contract 12    Section 5.09. Lessee's Obligations Unconditional. The obligations of the Lessee to make the payments required in this Article on the dates and in the manner herein specified and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, regardless of any contingencies whatever and notwithstanding any circumstances orc occurrences that may arise or take place hereafter, and shall not be subject to diminution by set- off, counterclaim, abatement, or otherwise. Until such time as the principal of and redemption premium, ifany, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Resolution, together with all fees and expenses incident thereof, the Lessee (i) will not suspend or discontinue any payments of Basic Rent or additional rent, (ii) will perform and observe all of its other covenants and agreements contained in this Lease, and (ii) will not terminate this Lease for any cause including, without limiting the generality of the foregoing, impossibility or illegality of performance on the part of the Authority of any ofi its obligations hereunder or under the Resolution; failure to complete the Projects; any acts or circumstances that may constitute failure of consideration, eviction, or constructive eviction,force majeure, destruction of, or damage to the Projects or any part thereof; frustration of purpose; the unavailability for use by the Lessee on the date hereof or on any date hereafter ofthe Projects or ofanyi item ofe equipment, machinery, or other facility included therein; any change in the tax or other laws of the United States of America or the State or any political subdivision thereof; or any failure ofthe Authority to perform and observe any agreement, whether express or implied; or any duty, liability, or obligation arising out of or connected with this Lease or out oft the Resolution, including any failure oft the Authority to acquire or to. have acquired any portion of the equipment or other facilities covered or to be covered by this Lease on the date hereofor on any date hereafter. The Lessee will bear all risk of damage to, or destruction in whole or in part, oft the Projects or any part thereof, including without limitation any loss, complete or partial, or interruption in the use, occupancy, or operation thereofor any manner or thing which for any reason interferes with, prevents, or renders burdensome the use thereof or the compliance  by the Lessee with any ofthe terms oft this Lease.  Section 5.10. Lessee's Remedies. If the Authority shall fail to perform any of its agreements in this Lease, the Lessee may institute such action against the Authority as the Lessee may deem necessary to compel such performance sO long as such action shall not violate the Lessee's obligations to pay Basic Rent or additional rent. The Lessee shall at its own cost and expense, and ini its own name or in the name of the Authority, prosecute or defend any action or proceeding against third parties or take any other action which the Lessee deems reasonably necessary in order to insure the acquisition, construction, and equipping of the Projects and to secure or protect its rights of possession, occupancy, and use of the Projects under this Lease, in which event the Authority agrees to cooperate fully with thel Lessee andi to take all action necessary to effect the substitution of the Lessee for the Authority in any such action or proceedings ifthe  Lessee shall so request.  Section 5.11. Tax Levy to Pay Rent. The Lessee will exercise its power of taxation, which is not limited as to rate or amount, to the extent necessary to pay the amounts required tol be paid hereunder and will make available and use for the payment of its obligations incurred hereunder all such taxes levied and collected for that purpose together with funds received from any other source. As security for the payments required to bei made and the obligations required to bej performed by the Lessee hereunder, the Lessee hereby pledges to the Authority its full faith and credit and taxing power for such payment and performance. The Lessee, in order to make such funds available for such purpose in each fiscal year, will, in its general revenue, appropriation, and  Lease Contract 13    budgetary measures whereby its tax funds or revenues and the allocation thereofare controlled or provided for in each fiscal year during the term ofthis Lease, include sums sufficient to satisfy the payments required to be made under this Lease, whether or not any other sums are included in such measure, until all payments required to be made hereby shall have been made in full. The obligation of the Lessee to make the payments provided for pursuant to the terms of this Lease shall constitute a general obligation of the Lessee and a pledge of the full faith and credit of the  Lessee to provide the funds required to fulfill such obligation.  Section 5.12. Failure to Levy Tax. In the event for any reason any such provision or appropriation is not made as provided in the preceding Section, then the fiscal officers of the Lessee are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required toj pay the obligations called for under this Lease from its general funds. The amount of the appropriation in each fiscal year to meet the obligations of this Lease shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions hereof, and such appropriation shall have the same legal status as if the Lessee had included the amount of the appropriation in its general revenue, appropriation, and budgetary measures, and the fiscal officers of the Lessee shall make such payments for deposit to the Sinking Fundifforany reason such appropriation is not otherwise  made.  Section 5.13. PriorI Lien ofBonds. The. Authority will not hereafter issue any other bonds or obligations ofany kind or nature payable from or enjoying a lien on the revenue derived from the Projects superior to the lien herein created for the payment of the Bonds. Nothing contained herein, however, shall: restrict the issuance ofbonds or obligations from time to time payable from the revenue derived from the Projects and secured by a lien thereon junior and subordinate to the  lien created to secure the payment of the Bonds.  Section 5.14. Parity Bonds. Parity Bonds may be issued by the Authority, from time to time, ranking as to the lien on the revenue of the Authority derived from the Projects pari passu with the Series 2024 Bonds for the specific purpose of completing the financing of the Projects or financing further improvements or additions, real or personal, to the Projects, provided all the  provisions of Section 507 oft the Resolution are met.  [ENDOFARTICLEVI  Lease Contract 14    ARTICLE VI  lav  REPAIRS, MAINTENANCE, OPERATION, AND. ALTERATION OF PROJECTS BYI LESSEE  Section 6.01. Use, Operation, Maintenance, and Repair. The Lessee will operate and use the Projects only in furtherance of the lawful governmental, proprietary, and administrative purposes of the Lessee. The Lessee, at its own expense, at all times will maintain, preserve, and keep the Projects and every part thereof and all property used in connection therewith in good condition, repair, and working order and will: from time to time make all needed and properrepairs, replacements, additions, betterments, and improvements thereto so that the use oft the operations pertaining to the Projects and to every part thereof shall at all times be conducted properly. Section 6.02. Removal of] Equipment. Neither the Authority nor thel Lessee is under any obligation to renew, repair, or replace any inadequate, obsolete, worn out, unsuitable, undesirable, or unnecessary equipment or other personalty forming a part oft the Projects. In any instance where thel Lesseei ini its discretion determines that any items ofsuch equipment or personalty havel become inadequate, obsolete, worn out, unsuitable, undesirable, or unnecessary, the Lessee may remove such items of such equipment or personalty, in which event title to the same shall thereupon vest in the Lessee, and thel Lessee may sell, trade, exchange or otherwise dispose thereof, as a whole or inj part, without anyresponsibility or accountability to the Authority, and upon such determination  said equipment or personalty shall no longer be aj part oft the Projects.  Section 6.03. Projects Free from Liens. The Lessee will not permit, either in the operation, maintenance, repair, improvement, alteration, or modification of the Projects or any building, facility, or equipment constituting any part hereof, any lien, debt, pledge, assessment, encumbrance, or charge thereon, or on any part thereof, or upon the revenue derived therefrom, ranking equally with or superior to the charge or lien created upon, ort the pledge ofthel Basic Rent from thel Projects made by thel Resolution to secure the payment ofthe. Bonds, and alll lawful claims and demands for labor, materials, supplies, or other charges, assessments, or objects, which if unpaid might by law become a lien upon the Projects or upon the revenue therefrom, will be promptly paid or discharged, or adequate provisions willl be made to satisfy and discharge the same promptly after the same shall accrue; provided, however, that the Lessee may, ati its own expense and ini its own name and behalf or in the name and behalfoft the Authority, in good faith and by appropriate legal proceedings contest any such lien, charge or assessment and, in the event ofsuch contest, may permit such lien, charge, or assessment sO contested to remain unpaid during the period ofs such contest and any appeal therefrom unless, by nonpayment of any such item the lien created by the Resolution on the revenue from the Projects will be materially endangered or the Projects or the revenue therefrom will be subject to loss or forfeiture, in which event such lien, charge or assessment shall be paid promptly. The Authority will cooperate fully with the Lessee in any such contest, andi in the event thel Lessee shall fail topay any ofthe foregoing items required by this Section to be paid by the Lessee, the Authority may, but shall be under no obligation to, pay the same, and any amounts sO advanced therefor by the Authority shall become an additional obligation of the Lessee, which amount, together with interest thereon at the legal rate from the  date thereof, thel Lessee shall repay on demand.  Lease Contract 15    Section 6.04. Alterations and Improvements to Projects. The Lessee, from time to time, in its sole discretion and at its own expense, may make any additions, deletions, alterations, modifications, or improvements to the Projects, or to any buildings or other facilities constituting any part thereof, which it may deem desirable for its governmental or proprietary purposes. Portions of the real property constituting part of the Projects as described on Exhibit A may be deleted from the Projects description in the event that the final plans and specifications for the Projects do not use all of the real property shown on Exhibit A or portions of the Projects are located on other parcels which are added to the description oft the Projects. Portions of the Projects which the Lessee determines are no longer needed as part oft the Projects may be conveyed to the Lessee by the Authority upon request ofthel Lessee and shall no longer be subject to the provisions ofthis Lease. Any such conveyance shall not affect the obligations oft the Lessee to pay the Basic  Rent or additional rent due under the provisions oft this Lease.  [END OF ARTICLE VI]  Lease Contract 16    ARTICLE VII  INSURANCE AND INDEMNITY  Section 7.01. Insurance. During the acquisition, construction, equipping, and installation ofthel Projects and throughout the term ofthis Lease, thel Lessee shall carry comprehensive public liabilityinsurance (provided the same is available at ai reasonable premium) covering the Authority and the Lessee, insuring against liability arising out of the interests of the insured parties in the Projects and the acquisition thereofto the same extent as thel Lessee is covered byi insurance: against liability arising out ofi its interest in comparable facilities, and the Lessee shall keep the insurable portions of the Projects continuously insured in the same manner and with the same relative coverage as comparable facilities oftheLessee are insured and shall pay, as the same shall become due, all premiums with respect to such insurance. Lessee may in its discretion self insure against  its liability and the components ofthe Projects.  Section 7.02. Notice of Cancellation. All insurance policies hereby required shall contain, to the extent obtainable, an agreement by the insurer not to cancel such insurance without atl least 30 days prior written notice to each ofthe insured parties. Certificates ofall such insurance  shall be furnished by the Lessee to the Authority.  Section 7.03. Deductible Amounts. All insurance carried by the Lessee shall be maintained with generally recognized responsible insurance companies or other entity authorized and qualified under thel laws of the State to assume the risks thereofa against loss or damage thereto  from the following causes:  (a) all buildings and all machinery and equipment therein against loss or damage by (b) all other property against loss or damage by fire or lightning if the same is not fireproof, and against loss or damage from other causes customarily insured against by entitles  fire, lightning, tornado, or winds; and  engaged in similar enterprises.  Such coverage shall be selected by thel Lessee, andi may be written with deductible amounts comparable to those on similar policies carried by the Lessee. All policies evidencing such insurance shall provide for the payment of all losses to be made directly to the Lessee. All insurance herein required may be containedi in blanket policies now or hereafter maintained by the  Lessee.  Section 7.04. Damage or Destruction.  (a) If, prior to full payment of the Bonds or prior to provision for payment thereof having been made in accordance with the provisions of the Resolution, any building or other facility constituting any portion of the Projects is destroyed or damaged by fire or other casualty tosuch extent as to require the repair,rebuilding, or replacement thereof, the Lessee will continue to make the payments of Basic Rent and additional rent required hereby, and all proceeds of insurance resulting from the claim for any such loss, after deducting therefrom the legal and other expenses, ifany, incurred in obtaining such proceeds, shall be paid to and held by the Lessee in a separate trust account, whereupon the Lessee will proceed promptly to repair, rebuild, or restore  Lease Contract 17    the property damaged or destroyed to substantially the same condition as existed prior to the event causing such damage or destruction, with such changes, alterations, and modifications, including the substitution and addition of other property, as may be desired by the Lessee unless the Lessee determines that such replacement or repair is not in the best interest ofthe Lessee. Ifsuch property ist to be repaired, rebuilt, or restored, the Lessee will apply sO much as may be necessary of such net proceeds of insurance to payment of the costs of such replacement or repair, either on completion thereof or, at the Lessee's option, as the work progresses. In the event such net proceeds are not sufficient to pay in full the cost of such rebuilding, replacement, or repair, the Lessee will pay that portion of the costs thereofin excess of the amount ofsuch net proceeds. The Lessee will not, by reason of the payment ofs such excess costs, be entitled to any reimbursement  ort to any abatement or diminution of the rents payable hereunder.  (b) Any balance of such net proceeds remaining after payment of all the costs of such repair, rebuilding or restoration, or if it shall be determined that such repair, rebuilding, or restoration is not in the best interest of the Lessee, then and in that event all ofs such net proceeds shall be paid into the Sinking Fund and may, at the Lessee's option and to the extent practicable, be used for the payment of Bonds as provided in the Resolution or may be applied against payments of] Basic Rent. Ifall Bonds payable from the Sinking Fund and the interest thereon shall have been paid or ifs sufficient funds will, under the provisions of this subsection, be placed in the Sinking Fund for the payment and defeasance of all Bonds payable from the Sinking Fund, then the excess, if any, of such proceeds over the amount required for such payment and defeasance  shall be paid to thel Lessee.  Section 7.05. Condemnation. In the event that title to, or the temporary use of, the Projects, or any part hereof, shall be taken under the exercise of the power of eminent domain, the Lessee shall be obligated to continue to make the payments of Basic Rent and additional rent specified herein, and the Authority will cause the proceeds received by it from any award made in such eminent domain proceedings, after deducting therefrom the legal and other expenses, ifa any, incurred in obtaining such award, to be paid to and held by the Lessee in a separate trust account. All such proceeds received by thel Lessee referable to taking of all or substantially all the Projects, unless the Lessee by resolution ofi its governing body shall elect to have the proceeds applied in the manner provided in Section 7.07, shall be paid into the Sinking Fund, or, ifall Bonds payable from the Sinking Fund and the interest thereon shall have been paid or if sufficient funds will be placed in the Sinking Fund for the payment of all Bonds payable from the Sinking Fund by the payment of a portion of such condemnation proceeds, then the excess, if any, of such proceeds  over the amount required for such payment shall be paid to the Lessee.  Section 7.06. Condemnation Proceeds. All condemnation proceeds received by the Lessee referable to a taking of less than substantially all the Projects, or less than substantially all ofany facility constituting aj part thereof, shall be applied by the Lessee as follows:  (a) If the Lessee, by resolution of its governing body, determines that the efficient utilization of the Projects or the affected part thereof is not impaired by such taking, the net  condemnation award shall be paid to the Sinking Fund.  (b) Ifdetermination is not made by the governing body of the Lessee that the efficient utilization of the Projects or the affected part thereof is not impaired by such taking, the Lessee  Lease Contract 18    shall proceed promptly to use the proceeds of the net condemnation award to repair, rebuild, and restore, or to rearrange the Projects, or the portions thereofaffected by such taking, to a condition substantially comparable to that which existed prior to such taking insofar as may be possible, or the Lessee shall direct the Authority to use such proceeds, to the extent practicable, to acquire unencumbered titlet to other facilities suitable for thel Lessee's sj purposes, which facilities shall, upon such acquisition, become aj part oft thel Projects and shalll be available for use by thel Lessee without the payment ofany rent other than that herein provided, to thes same extent as ifsuch other facilities were specifically described herein and demised hereby, and any balance of the net condemnation award shall be paid into the Sinking Fund or, ifsuch repair, replacement, or rearrangement is not possible sO as to make the Projects and all portions thereof suitable for the use oft the Lessee, ori if the Lessee, by resolution of its governing body shall determine that such repair, rebuilding, replacement, or rearrangement would not be in the best interest of the Lessee, all the net condemnation award shall be deposited into the Sinking Fund, and the Lessee may apply such deposits to the payment of Basic Rent. If such property is to be repaired, replaced, or rearranged, the Lessee will apply sO much as may be necessary of such net proceeds of the condemnation award toj payment ofthe costs ofs such repair, replacement, or rearrangement, either on completion thereof or, at the Lessee's option, as the work progresses. In the event such net proceeds are not sufficient to pay in full the costs of such repair, replacement, or rearrangement, the Lessee will complete the work involved and will pay that portion ofthe costs thereofin excess of the amount of such net proceeds. The Lessee will not, by reason of the payment of such excess costs, be entitled to any reimbursement or to any abatement or diminution of the Basic Rent payable  hereunder.  (c) Ifall Bonds payable from the Sinking Fund and thei interest thereon shall have been paid orifsufficient funds will be placed in the Sinking Fund fort the payment and defeasance ofall Bonds payable from the Sinking Fund, together with the reasonable charges and fees, ifany, to the Bond Registrar and Paying Agent, by the payment therein of a portion of such condemnation proceeds, then the excess, if any, of such proceeds over the amount required for such payment  shall be paid to the Lessee.  Section 7.07. Repair by Lessee. If, in accordance with any oft the foregoing provisions of this Article, the property ist tol be repaired or replaced afters such damage, destruction, or taking, all proceeds from such insurance or compensation for such taking shall be paid into a special trust fundt tol bet then created. Such trust fund shall bel held! by the Lessee during suchi repairing, renewing, orI replacing, in accordance with and subject to, and thel Lessee, acting as trustee ofs said fund, shall  disburse the money held in such special fund.  Section 7.08. Parties to Condemnation. In the event proceedings shall be instituted for the exercise of the power of eminent domain, the Lessee shall be made aj party thereto and, ifn not made a party thereto by the condemnor, shall be brought into the proceedings by appropriate proceedings of the Authority sO that adjudication may be made of such damages, ifany, as are to  bej paid to the Lessee as compensation for loss ofi its rights in the premises.  Section 7.09. Authority Indemnified; Immunity of Members of Authority. (a) During the term of this Lease, the Lessee, at its own expense, shall handle to conclusion all claims and pay all judgments obtained against the Authority by reason of(i) any  Lease Contract 19    injury to or death of any person or damage to property occurring on or about any portion of the Projects occasioned by or growing out of or arising or resulting from any tortious or negligent act on the part of the Lessee, its agents or employees in connection with the operation, management, or maintenance of any part oft the Projects; (ii) any use, non-use, condition of, or defect in any part ofthe Projects; and (iri) any failure, breach, or default on the part ofthe Lessee in the performance ofor compliance with any ofthe obligations ofthe Lessee under the terms ofthis Lease; provided, however, that the indemnity provided by this Section shall be effective only to the extent that the amount ofliability arising from any such loss shall exceed the proceeds available therefor obtained  for insurance carried with respect to such loss.  (b) Notwithstanding the fact that iti is the intention of the parties that the Authority shall not incur any pecuniary liability by reason oft the terms ofthis Lease or the undertakings required ofthe. Authority hereunder by reason of the issuance of the Bonds, the adoption ofthe Resolution, or the performance of any act requested of the Authority by the Lessee, nevertheless, if the Authority should incur any such pecuniary liability, then it that event, the Lessee shall indemnify and hold the. Authority harmless against all claims, demands, or causes of action arising therefrom and all costs and expenses incurred in connection with any such claim or in connection with any action or proceeding brought thereon, and, upon notice from the. Authority, the Lessee shall defend  the Authority in any such action or proceeding.  (c) No recourse shall be had for the enforcement of any obligation, covenant, or agreement ofthe Authority contained in thisLease or in the Bonds or the Resolution for any claim based hereon or thereon against any member, officer, or employee, of the Authority or of any successor thereto, in his individual capacity, either directly or through the Authority whether by virtue of any constitutional provision, statute, or rule of law. This Lease, the Bonds, and the Resolution are solely corporate obligations, and no personal liability shall attach to, or be incurred by, any member, officer, or employee of the Authority or of any successor thereto, either directly or by reason of the obligations, covenants, or agreements entered into between the Authority and the Lessee, and all personal liability of any character against every such member, officer, and employee is, by the execution of this Lease, expressly waived and released. The immunity of members, officers, and employees of the Authority under the provisions contained in this Section shall survive the completion oft the acquisition, construction, and equipping oft the Projects and the  termination oft this Lease.  [END OF ARTICLE VIIJ  Lease Contract 20    ARTICLE VIII REMEDIES  Section 8.01. Events ofDefault. Each oft the following events shall be an event ofd default (a) Any payment of Basic Rent or additional rent herein contracted to be paid by the (b) Thel Lessee shall fail toj perform any oft the other agreements, conditions, covenants, or terms herein required to bej performed by the Lessee (other than as specified in (a) above) and such default shall continue for aj period of thirty days after written notice has been given to the Lessee by the Authority specifying such default and requesting that it be remedied (or within a greater number of days if such remedy has been undertaken and is being diligently pursued and more than 30 days is required for its completion) unless the Authority agrees in writing to an extension of such time prior to its expiration, provided, however, that if, by reason of force majeure, the Lessee is unable, in whole or in part, to perform the obligations on its part herein undertaken (other than the obligations relating to the payment ofl Basic Rent and additional rent, the payment of utility charges, the providing of insurance, and the indemnification of the Authority), the Lessee shall not be deemed in default during the continuance of such inability to perform. The term force majeure, shall mean, without limitation, acts of God; strikes, work stoppages, or similar disturbances; acts of public enemies; orders of any kind of the government ofthe United States of America or of the State or any oft their departments, agencies, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fire; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government andj people; civil disturbances; explosions; breakage or accident to machinery or equipment; partial or entire failure of utilities, or any other cause or event not reasonably within the control of the Lessee. The Lessee will, however, use its best efforts to remedy, with all reasonable dispatch, the cause or causes preventing the Lessee from carrying out such obligations, provided, that the settlement of strikes, work stoppages, and similar disturbances shall be entirely within the discretion of the Lessee and the Lessee shall not be required to make settlement of such disturbances by acceding to the demands oft the opposing party or parties when such course is, in  that is to say if:  Lessee shall not be made in full as and when the same shall become due and payable.  the judgment oft the Lessee, unfavorable to the Lessee.  (c) An event of default as described in the Resolution occurs and is continuing under  the Resolution.  Section 8.02. Remedies on Default.  (a) Whenever any event of default referred to in the preceding Section shall have  occurred and be continuing:  (1) The Authority may re-enter and take possession of all or such portions of the Projects as may be demanded without terminating this Lease and may operate or sublease such facilities for the account of the Lessee, holding the Lessee liable for the difference between net income or the rent and other amounts paid by such sublessee and  the Basic Rent and other amounts payable by the Lessee hereunder.  Lease Contract 21    ARTICLE VIII REMEDIES  Section 8.01. Events ofDefault. Each ofthe following events shall be an event ofdefault (a) Any payment of Basic Rent or additional rent herein contracted to be paid by the (b) TheLessee shall fail toj perform any ofthe other agreements, conditions, covenants, or terms herein required to be performed by the Lessee (other than as specified in (a) above) and such default shall continue for a period of thirty days after written notice has been given to the Lessee by the Authority specifying such default and requesting that it be remedied (or within a greater number of days if such remedy has been undertaken and is being diligently pursued and more than 30 days is required for its completion) unless the Authority agrees in writing to an extension of such time prior to its expiration, provided, however, that if, by reason of force majeure, the Lessee is unable, in whole or in part, to perform the obligations on its part herein undertaken (other than the obligations relating to the payment of Basic Rent and additional rent, the payment of utility charges, the providing of insurance, and the indemnification of the Authority), the Lessee shall not be deemed in default during the continuance of such inability to perform. The term force majeure, shall mean, without limitation, acts of God; strikes, work stoppages, or similar disturbances; acts of public enemies; orders of any kind of the government oft the United States of America or ofthe State or any of their departments, agencies, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fire; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident toi machinery or equipment; partial or entire failure of utilities, or any other cause or event not reasonably within the control of the Lessee. The Lessee will, however, use its best efforts to remedy, with all reasonable dispatch, the cause or causes preventing the Lessee from carrying out such obligations, provided, that the settlement of strikes, work stoppages, and similar disturbances shall be entirely within the discretion of the Lessee and the Lessee shall not be required to make settlement of such disturbances by acceding to the demands of the opposing party or parties when such course is, in  that is to say if:  Lessee shall not be made in full as and when the same shall become due and payable.  the judgment of the Lessee, unfavorable to the Lessee.  (c) An event of default as described in the Resolution occurs and is continuing under  the Resolution.  Section 8.02. Remedies on Default.  (a) Whenever any event of default referred to in the preceding Section shall have  occurred and be continuing:  (1) The Authority may re-enter and take possession of all or such portions of the Projects as may be demanded without terminating this Lease and may operate or sublease such facilities for the account of the Lessee, holding the Lessee liable for the difference between net income or the rent and other amounts paid by such sublessee and  the Basic Rent and other amounts payable by the Lessee hereunder.  Lease Contract 21    (2) The Authority may terminate this Lease as to all or such portion of the Projects as may be demanded and exclude the Lessee from possession of such facilities and use its best efforts to operate or lease the same to another for the account ofthel Lessee, provided, however, the Authority shall have no power to terminate the obligation of the Lessee toj pay Basic Rent hereunder, and the Lessee will continue to pay such Basic Rent (b) In the event demand is made, in accordance with the provisions oft this Section, for possession ofany portion oft the Projects, the Lessee will immediately surrender such possession, and the Authority may enter and take such possession, and the Lessee waives any and all right to recover or regain possession of such premises. Notwithstanding anything herein to the contrary, the. Authority will convey the Projects to the Lessee upon full payment of the Bonds or upon the making of! provision for payment thereofin accordance with the provisions oft the Resolution and  as and when the same shall become due.  Article IX ofthis Lease.  (c) The Authority may take whatever action at law or in equity may appear necessary or desirable to collect the Basic Rent then due and thereafter to become due, or to enforce the specific performance and observance of all obligations, agreements, and covenants of the Lessee  under this Lease, the Resolution, and the Bonds.  (d) Any funds obtained pursuant to action taken under this Section, less all costs and expenses involved in the obtaining of such funds, shall be paid into the Sinking Fund and applied in accordance with the provisions of the Resolution or, if the Bonds have been fully paid or provision for payment thereofhas been made in accordance with the provisions oft the Resolution,  to the Lessee.  (e) The Basic Rent and additional rent herein contracted to be paid by the Lessee shall remain payable until payment ofthe Bonds or provision for payment, in accordance with the terms  ofthis Lease and Resolution, has been made.  Section 8.03. Payment After Default. No receipt of money hereunder from the Lessee aftera any such event ofdefault shall operate to reinstate, continue, or extend the right ofpossession ofthe Lessee or affect in any way any notice theretofore given to the Lessee or operate as a waiver ofthe rights given hereby to enforce the payment ofany Basic Rent or additional rent then due or thereafter falling due or operate as a waiver of any right to recover possession of the Projects or any part thereofby proper suit, action, proceeding, or remedy and, after the service of such notice or after the commencement of any suit, action, or summary proceeding or any other remedy, or after a final order of judgment for the possession of the Projects or any part thereof, the Authority may demand, receive, and collect from the Lessee all money due or thereafter falling due without in any manner affecting such notice, proceeding, suit, action, order, or judgment.  Section 8.04. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the. Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall bei in addition to every other remedy given under this Lease or now or hereinafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to  Lease Contract 22    time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may bel herein expressly required. Such rights and remedies as are given to the. Authority hereunder shall also extend to the owners of the Bonds who shall be entitled to the benefits ofall  covenants and agreements herein contained.  Section 8.05. Attorneys' Fees and Expenses. In the event the Lessee should default under any of the provisions of this Lease and the Authority shall employ attorneys or incur other expenses for the collection of rent or the enforcement, performance, or observance of any obligation or agreement on the part of the Lessee herein contained, the Lessee will, on demand therefor, pay the amount of the reasonable fees and expenses of such attorneys and such other  reasonable expenses so incurred.  Section 8.06. Waiver of Breach Limited. In the event any agreement contained herein should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach SO waived and shall not be deemed to waive any other breach under  this Lease.  Section 8.07. Lessee Authorized to Cure Default of Authority. With regard to any default on the part ofthe Authority under this Lease or under the Resolution, the Authority hereby vests the Lessee with full power, for the account of the Authority, to perform any obligation in remedy of such default in the name and stead of the Authority with full power to do any and all things and acts to the same extent that the Authority could do and perform any such acts. Section 8.08. Failure to Enforce Agreement Not a Waiver. The failure oft the Authority to enforce any agreement, condition, covenant, or term of this Lease by reason of any default or breach by the Lessee shall not be deemed to void or affect the right to enforce the same agreement, condition, covenant, or term on the occasion ofany subsequent default or breach.  [END OF ARTICLE VI)  Lease Contract 23    ARTICLE IX TERMINATION OF LEASE  Section 9.01. Cancellation ofLease by Payment of Bonds. The Lessee shall have the option to cancel or terminate this Lease at any time prior to full payment of the Bonds, and any other obligations of the Authority for completion of the Projects, or prior to the making of provision for payment thereof in accordance with the provisions oft the Resolution, by depositing to the Sinking Fund an amount which, when added to the amount on deposit in the Sinking Fund, will be sufficient to pay and retire all Outstanding Bonds and the reasonable charges and fees, if any, ofthe Bond Registrar and Paying Agent, in accordance with the provisions ofthe Resolution. Section 9.02. Conveyance of Projects to Lessee. Upon full payment of the Bonds, and any other obligations of the Authority for completion of the Projects, or upon the making of provision for payment thereofin accordance with the provisions of the Resolution, the Authority thereupon will convey all real and personal property held by the Authority and constituting a part of the Projects to the Lessee without further consideration. As provided in Section 6.04, portions of the Projects may be conveyed by the Authority to the Lessee prior to the full payment oft the  Bonds.  [END OF ARTICLEIX]  Lease Contract 24    ARTICLEX  MISCELLANEOUS PROVISIONS  Section 10.01. Bondowners as Third Party Beneficiaries. This Lease, in addition to being made for the benefit oft the parties hereto, is made for the benefit of the owners from time to time of the Bonds issued in accordance with the Resolution and this Lease, and said owners shall succeed to any and all rights oft the. Authority in the manner provided in the Resolution.  Section 10.02. Amendment ofLease Restricted. Except as otherwise authorized hereby or by the Resolution, subsequent to the issuance of the Bonds and prior to their payment in full or prior to the making of provision for the payment thereof in accordance with the provisions of the Resolution, this Lease may not be amended, changed, modified, altered, or terminated except as  authorized hereby or by the Resolution.  Section 10.03. Severability. In case any one or more of the provisions of this Lease or of the Bonds issued hereunder and under the Resolution shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provisions hereof or of the Bonds unless expressly sO held, but this Lease and the Bonds shall be construed and enforced as it such illegal or invalid provisions had not been contained herein or therein, and if any provisions hereof conflict with any applicable provision of Georgia law, such law as adopted by thel legislature and as interpreted by the courts ofthe State shall prevail and shall be substituted for any provision hereofi in conflict or not in harmony therewith.  Section 10.04. Counterparts. This Lease may be executed concurrently in two or more counterparts, each of which shall be an original, and it shall not be necessary, in making proofof  this Lease, to produce or account for more than one such counterpart.  IENDOFARTICLEX)  Lease Contract 25    IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its corporate name and has caused its corporate seal to be hereunto impressed and attested and the Lessee has caused this Lease to be executed in its corporate name and its corporate seal to be hereunto impressed and attested, all by their respective duly authorized officers as ofthe day and  year first above written.  EMANUEL COUNTY PUBLICFACILITIES AUTHORITY  (SEAL)  By:.  Chairperson Attest:  Secretary  Signed, sealed, and delivered  this  day of  2024.  Witness  Notary Public (NOTARY SEAL)  (Authority's. Signature Page)  Lease Contract 26    EMANUEL COUNTY, GEORGIA  (SEAL)  By:.  Chairman, Board of Commissioners  Attest:  County Clerk  Signed, sealed, and delivered  this  day of  2024.  Witness  Notary Public (NOTARY SEAL)  (Lessee/County 's Signature Page)  Lease Contract 27    ExhibitA  Proceeds from the Series 2024 Bonds will be used to pay the costs of renovation, construction and eqpuipingofgovemmentl administrative buildings for use by Emanuel County, Georgia tol be renovated or constructed and installed on the following parcels ofr real property more  particularly described below.  LEGAL DESCRIPTION [Insert Legal Description]  Lease Contract A-1    Exhibit B  DEBT SERVICE SCHEDULE Principal Coupon  Payment Date 3/1/2025 9/1/2025 $ 295,000.00 3/1/2026! 9/1/2026: $ 255,000.00 3/1/2027: 9/1/2027 $ 270,000.00 3/1/2028 9/1/2028 $ 280,000.00 3/1/2029 9/1/2029 $ 295,000.00 3/1/2030 9/1/2030: $ 410,000.00 3/1/2031 9/1/2031 $ 430,000.00 3/1/2032 9/1/2032 $ 455,000.00 3/1/2033 9/1/2033 $ 475,000.00 3/1/2034 9/1/2034 $ 500,000.00 3/1/2035: 9/1/2035 $ 525,000.00 3/1/2036 9/1/2036 $ 545,000.00 3/1/2037 9/1/2037 $ 575,000.00 3/1/2038: 9/1/2038: $ 600,000.00 3/1/2039 9/1/2039: $ 635,000.00 3/1/2040 9/1/2040 $ 660,000.00 3/1/2041 9/1/2041 $ 685,000.00 3/1/2042 9/1/2042: $ 710,000.00 3/1/2043 9/1/2043 $ 740,000.00 3/1/2044 9/1/2044, $ 770,000.00 $10,110,000.00  Interest! Debt Service: 173,116.67 $ 173,116.67 5.000%! $ 229,125.00 $ 524,125.00 221,750.00 $ 221,750.00 5.000% $ 221,750.00 $ 476,750.00 215,375.00 $ 215,375.00 5.000% $ 215,375.00 $ 485,375.00 208,625.00 $ 208,625.00 5.000% $ 208,625.00 $ 488,625.00 201,625.00 $ 201,625.00 5.000%: $ 201,625.00 S 496,625.00 194,250.00 $ 194,250.00 5.000%: $ 194,250.00 $ 604,250.00 184,000.00 $ 184,000.00 5.000% $ 184,000.00 $ 614,000.00 173,250.00 $ 173,250.00 5.000%' $ 173,250.00 $ 628,250.00 161,875.00 $ 161,875.00 5.000% $ 161,875.00 $ 636,875.00 150,000.00 $ 150,000.00 5.000% $ 150,000.00 $ 650,000.00 137,500.00 $ 137,500.00 4.000%, $ 137,500.00 $ 662,500.00 127,000.00 $ 127,000.00 5.000% $ 127,000.00 $ 672,000.00 113,375.00 $ 113,375.00 5.000% $ 113,375.00 $ 688,375.00 99,000.00 $ 99,000.00 5.000% $ 99,000.00 $ 699,000.00 84,000.00 $ 84,000.00 4.000% $ 84,000.00 $ 719,000.00 71,300.00 $ 71,300.00 4.000% $ 71,300.00 $ 731,300.00 58,100.00 $ 58,100.00 4.000% $ 58,100.00 $ 743,100.00 44,400.00 $ 44,400.00 4.000% $ 44,400.00 $ 754,400.00 30,200.00 $ 30,200.00 4.000% $ 30,200.00 $ 770,200.00 15,400.00 $ 15,400.00 4.000% $ 15,400.00 $ 785,400.00 $5,384,291.67 $15,494,291.67  Lease Contract B-1    SECRETARY'S CERTIFICATE  The undersigned Secretary of the Emanuel County Public Facilities Authority (the "Authority") DOES HEREBY CERTIFY that the foregoing constitutes a truc and correct copy of a resolution adopted on September 16, 2024, by a majority of the entire membership of the Authority in a meeting duly called and assembled and open to the public at which a quorum of members was present and acting throughout, and that the original of said resolution appcars of record in the minute book of the Authority, which is in my custody and control.  (SEAL)  Habthnk  Secrolary  Emanuel County Public Facilities Authority    Emanuel County Board of Commissioners F/Y 2024-2025 General Fund Budget Resolution  The Board of Commissioners of Emanuel County meeting in REGULAR SESSION on September 16, 2024 and having sole statutory responsibility for the financial and fiscal affairs of Emanuel County do hereby establish and enact the following balanced budget for Fiscal Year  2024-2025 as ordered in O.C.G.A. $36-81-3.  General Fund 100 Total  Revenue Category General Property Taxes General Sales and Use Tax Selective Salesa and Use Tax Business Taxes Penalties andl Interest on! Del. Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Income Contributions. and Donations Miscellaneous Revenue Telephone Commissions Reimbursement for Damaged Prop. Other OtherF Financing Sources TOTALS  Expenditure Category  Total $3,832,500.00 $1,394,500.00 $6,236,060.00 $3,732,800.00 $452,290.00 $1,355,250.00 $575,620.00 $354,980.00 $17,934,000.00  $10,645,000.00 General Government $1,950,000.00 Judicial $145,000.00 Public! Safety $1,072,500.00 Publicl Works $135,000.00 Health and' Welfare $37,500.00 Culture/Recreation $257,000.00 Housinga and Dev. $2,157,000.00 OtherFinancing Uses $865,000.00 Total $475,000.00 $0.00 $135,000.00 $0.00 $0.00 $60,000.00 $0.00 $17,934,000.00  The legal level of control required by the Official Code of Georgia and Emanuel County Financial Policy is at the departmental level. The attached FY 2024-2025 Departmental Budget is hereby ordered and established by the Emanuel County Commissioners:  Soo ordeyed this 16th day of September 2024  at  FOSKEY,  ATTEST:  LGSNCITRAZOINTZANN SEEEN  SEAL AVEL CO      Emanuel County Board of/Commissioners F/Y 2024-2025 Special Revenue Funds Budget Resolution  The Board of Commissioners of Emanuel County meeting in REGULAR SESSION on September 16, 2024 and having sole statutory responsibility for the financial and fiscal affairs of Emanuel County do hereby establish and enact the following balanced budget for Fiscal Year  2024-2025 as ordered in O.C.G.A. $36-81-3.  Special Revenue Fund Revenue $1,000.00 $75,000.00 $15,000.00 $0.00 $911,850.00 $0.00 $310,000.00 $650,000.00 $40,000.00 $1,308,000.00 $0.00 $3,800,000.00 $890,000.00 $0.00 $0.00 $432,200.00  Fund  Expenditures $1,000.00 $75,000.00 $0.00 $0.00 $911,850.00 $0.00 $310,000.00 $650,000.00 $0.00 $1,308,000.00 $0.00 $3,917,000.00 $890,000.00 $0.00 $0.00 $432,200.00  Total  Juvenile Service Fund 202 Jail Fund 206 Drug Fund 212 Opiod Fund 213 E-911F Fund: 215 Multiple Grants Fund 250 Fire Fund 270 Development. Authority Fund 271 EIP Fund 275 LMIGI Fund 301 SPLOST6 6Fund 321 SPLOST7Fund: 322 TSPLOSTFund 335 Major Grants Fund 341 Local Resources Fund 350 Ariport Authority  $0.00 $0.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $40,000.00 $0.00 $0.00 -$117,000.00 $0.00 $0.00 $0.00 $0.00  The attached FY 2024-2024 Special Revenue Departmental Budgets are hereby ordered and  established by the Emanuel County Commissioners: So ordered this 16th day of September 2024  fabey GOSKEY, CHAIRMAN  HUGHG Hyk ATTEST:  L.G. SINGLETARY-COUNTY ADMIN E  SEAL  JEL CO  81 MISSION    Emanuel County Board ofCommissioners  Budget Amendment  The Board ofCommissioners of Emanuel County meeting in a REGULAR SESSION on September 16, 2024 and having sole statutory responsibility for the financial and fiscal affairs of Emanuel County do hereby establish and enact the following budget amendment for Fiscal Year  2023-2024.  *Amendments Listed on Following Page  The legal level ofcontrol required by the Official Code of Georgia and Emanuel County Financial Policy is at the departmental level. The FY: 2023-2024 departmental budget amendment is hereby ordered and established by the Emanuel County Commissioners:  So ordered this 16th of September, 2024  Hyh Hughfoskey Chairman  Attest:  Jahey  Administrator  ES  County    Budget Amendments General Fund  Department Taxes Investment Income Miscellaneous Revenue Charges for Services General Govt Buildings Elections Elections General Administration Fees Superior Court Superior Court State Court Sheriff Sheriff Jail Operations Rural Fire Animal Control Emergency Management Highways and Streets Solid' Waste Disposal Solid Waste Disposal Solid Waste Disposal Intergovemmental Payments Public Health Administration Senior Services Culture/Recreation Administration Forest Resources Code Enforcement Code Enforcement Economic Development Airport  Description Real Property-Curent Year Interest Income Miscellaneous Revenue Prisoner Housing Contingencies Dues And Fees General Supplies Jury Fees Payments To Other Agencies Regular Employees Regular Employees Overtime Inmate Meals Equipment And' Vehicle Parts Payments To Other Agencies Travel Equipment And' Vehicle Parts Contract Labor Equipment & Vehicle Parts Buildings Payments To Other Agencies Payments To Other Agencies Food Payments To Other Agencies Payments To Other Agencies Regular Employees Vehicle Lease Payments To Other Agencies Payments To Other Agencies  Line-Item 100-311100 100-361000 $ 150,000.00 100-389000 $ 130,000.00 100-342330 $ 40,000.00 100-9000-579000 $ 325,000.00 100-1400-523600 100-1400-531100 100-2150-523851 100-2150-572000 100-2300-511100 100-3300-511100 100-3300-511300 100-3326-531300 100-3500-531102 100-3910-572000 100-3920-523500 100-4200-531102 100-4530-523850 100-4530-531102 100-4530-541300 100-4960-572000 100-5110-572000 100-5520-531300 100-6110-572000 100-7140-572000 100-7450-511100 100-7450-581210 100-7520-572000 100-7563-572000  Dr. $ 111,000.00  Cr.  Repairs And Maintenance Facilities 100-1565-522201 $ 75,000.00  $ 1,500.00 $ 6,000.00 $ 20,000.00 $ 9,000.00 $ 4,000.00 $ 7,000.00 100,000.00 70,000.00 110,000.00 2,000.00 10,000.00 1,000.00 50,000.00 $ 75,000.00 $ 35,000.00 $ 60,000.00 $ 3,000.00 $ 9,500.00 $ 34,000.00 $ 80,000.00 $ 1,000.00 $ 6,000.00 $ 14,000.00 $ 3,000.00 120,000.00  Insurance Other Employee Benefits 100-1595-523100  Total Difference $  831,000.00 $ 831,000.00    1211 Merchant Way Suite 201 Statesboro, GA30458 Phone: (912)764-7022 Fax: (912)233-4580 www.emc-eng.com  Sunvey  S  September 13, 2024 L.G Guy Singletary, County Administrator Emanuel County 124 North Main Street Swainsboro, GA 30401 RE: EMCI PROJECT NO. 24-2051 Dear Mr. Singletary,  2024 EMANUEL COUNTY LRA - RESURFACING PROJECT  Proposals for the 2024 Emanuel County LMIG were opened September 12, 2024 at 10:00AM in the Emanuel County Chamber Office (102 South Main ST). Roads included in the project: Whippoorwill RD, Racket Town RD, Kelly Street, and  Kemp Road resurfacing. Those in attendance at the Bid Opening included:  Name Jared Darsey John Wickstrom Guy Singletary Daniel Chicola  Company The Scruggs Company Sikes Brothers, Inc. Emanuel County  Phone  Email  (478)934-2707 Ganeyeveretowes.con (912) 685-6328 Ohweskprotels.con (478) 237-3881 psingletary@emanuelco-ga.gov  EMCI Engineering Services, Inc. (912)764-7022 dan chicola@emc-eng.com  Bids were received from: Sikes Brothers, Inc. (Metter GA) & The Scruggs Company (Cochran, GA) as shown below:  THE SCRUGGS COMPANY  EMANUEL COUNTY 2024 LRAPROJECT WHIPPOORWILL RDI RESURFACING (3.00 MILES; 15,840-LF, 20' WIDE) $ RACKETTOWN RDI RESURFACING (3.31 MILES; 17,470-LF, 20' WIDE) $ KELLYS STREET RESURFACING (1.67 MILES; 8,860-LF, 21'WIDE) KEMP ROADI RESURFACING (4.77 MILES; 25,185.6-LF, 21' WIDE)  ENGINEERS ESTIMATE  SIKES BROTHERS  463,048.25 $ 439,823.65 $ 362,116.00 489,611.30 $ 491,597.18 $ 395,665.00 240,887.50 $ 253,152.63 $ 206,141.90 $ 1,157,428.00 $ 955,764.64 $ 892,395.35  $  CONSTRUCTION GRAND TOTAL: $ 2,350,975.05 $ 2,140,338.10 $ 1,856,318.25  The apparent low bidderi is Sikes Brothers, Inc. at $1,856,318.25. A review of the submitted bid found them to be free from errors. Based on the bid outcome and professional reputation; EMC Engineering Services recommends Sikes  Brothers, Inc. as the contractor to perform this work. Afull bid tabulation is attached to this letter. Pleasel let us knowi if you! have any questions or need anything else at this time.  Thank you, Aaa Daniel M. Chicola SR. Construction Manager EMC Engineering Services, Inc. Statesboro, GA  EMC Engineering Services, Inc. Albany - Atlanta - Augusta - Brunswick : Columbus - Savannah - Statesboro - Valdosta    BIDT TABULATION EMANUEL COUNTY: 2024 LRAF PROJECT EMC PROJECTNO.: 24-2051 EMANUEL COUNTY, GEORGIA prepared for: EMANUEL COUNTY BOARD OF COMMISSIONERS  EMCE Engineering Services, Inc. 1211 Merchant Way. Suite 201 Statesboro, GA3 30458 (912) 764-7 7022 WHIPPOORWILL RD RESURFACING (3.00 MILES;1 15,840-LF, 20' WIDE) NO. ITEMN NO. 150-1 1000 TRAFFIC CONTROL 210- 1000 SHOULDERI BACKFILLING (BOTH! SIDES), GRADE, 402-9901 RECYCLED ASPHALT CONCRETE PATCHING 424-6 6089 RECYCLED ASPHALT CONCRETE LEVELING 652-2501 SINGLE WHITE SOLID STRIPE, 5" PAINTED 652-2502 SINGLE YELLOW SOLID STRIPE, 5" PAINTED 652-3502 SKIP TRAFFIC STRIPE, 5" PAINTED YELLOW 9 413-1 1000 BITUMINOUS TACK COAT 10 653-1 1000 THERMO PLASTIC SOLID TRAFFIC STRIPE, 24 11 636- 9999 8" FLASHING SOLARI LED BEACON, AMBER, POST RACKET TOWN RDF RESURFACING (3.31 MILES;1 17,470-LF, 20' WIDE) NO. ITEM NO. 150-1 1000 TRAFFIC CONTROL 402-9901 RECYCLED ASPHALT CONCRETE PATCHING 424- 6089 RECYCLED ASPHALT CONCRETE LEVELING 652-2501 SINGLE WHITE SOLID STRIPE, 5" PAINTED 652-2502 SINGLE YELLOW SOLID STRIPE, 5" PAINTED 652-3502 SKIP TRAFFIC STRIPE, 5"F PAINTED) YELLOW 413-1 1000 BITUMINOUS TACK COAT 10 653-1 1000 THERMO PLASTIC SOLID TRAFFIC STRIPE,24 KELLYSTREETI RESURFACING (1.67 MILES; 8,860-LF, 21' WIDE) NO. ITEM NO. 150-1 1000 TRAFFIC CONTROL 402-9 9901 RECYCLED ASPHALT CONCRETE PATCHING 424- 6089 RECYCLED ASPHALT CONCRETE LEVELING 652-2501 SINGLE WHITE SOLID STRIPE, 5" PAINTED 652-2502 SINGLE YELLOW SOLID STRIPE, 5" PAINTED 652-3502 SKIP TRAFFIC STRIPE, 5"F PAINTED YELLOW 413-1000 BITUMINOUS TACK COAT660 KEMP ROAD RESURFACING (4.77MILES; 25,185.6-LF, 21'WIDE) NO.ITEM NO. 150-1 1000 TRAFFIC CONTROL 402- 9901 RECYCLED ASPHALT CONCRETE PATCHING 424-6 6089 RECYCLED ASPHALT CONCRETE LEVELING 317- 9999 PORTLAND CEMENT 100- 9999 TESTING AND CONSTRUCTION: STAKING- 652-2501 SINGLE WHITE SOLID STRIPE, 5" PAINTED 10 652-2502 SINGLE YELLOW SOLID STRIPE, 5" PAINTED 11_652-3502 SKIP TRAFFIC STRIPE, 5"F PAINTED YELLOW 12 652-9999 THERMOPLASTIC: STOP BAR, 24" WHITE 13 413-1000 BITUMINOUS TACK COAT 14 636-9999 8" FLASHING! SOLAR LEDE BEACON, AMBER, POST  9/13/2024  ENGINEERS ESTIMATE THE SCRUGGS COMPANY SIKES BROTHERS QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL LS $25, 000. .00 $ 25,0 ,000.00 $33, 000. 00 $ 33, ,000.00 $14, ,000.0 .00 $ 14,000.00 3 ML $12,000.00 $ 36,000.00 $15,000.0 00 $ 45,000.00 $ 6,500.00 $ 19,500.00 90 TN $ 250.00 $ 22,500.00 $ 174.35 $ 15,691.50 $ 155.00 $ 13,950.00 1,420 TN $ 150.00 $213,000.00 $ 122.42 $173,836.40 115.80 $164,436.00 6 LM $ 1,300.00 $ 7,800.00 $ 925.00 $ 5,550.00 $ 1,100.00 $ 6,600.00 4 LM $1,300.00 $ 5,200.00 $ 925.00 $ 3,700.00 $ 1,100.00 $ 4,400.00 4 LM $ 1,300.00 $ 2,600.00 $ 500.00 $ 1,000.00 900.00 $ 1,800.00 2 EA 220.00 $ 440.00 $ 200.00 $ 400.00 $ 350.00 $ 700.00 EA $6,500.00 $ 6,500.00 $ 6,800.00 $ 6,800.00 $ 7,300.00 $ 7,300.00 QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNITF PRICE TOTAL LS $27, ,000.00 $ 27,000.00 $40,000.00 $ 40,000.00 $14,000.00 $ 14,000.00 145 TN $ 250.00 $ 36,250.00 $ 210.00 $ 30,450.00 155.00 $ 22,475.00 1,555 TN $ 135.00 $209,925.00 $ 123.00 $191,265.00 115.80 $180,069.00 6.62 LM $ 1,300.00 $ 8,606.00 $ 925.00 $ 6,123.50 $ 1,100.00 $ 7,282.00 6.62 LM $ 1,300.00 $ 8,606.00 $ 925.00 $ 6,123.50 $ 1,100.00 $ 7,282.00 1 LM 1,300.00 $ 1,300.00 $ 500.00 500.00 $ 900.00 $ 900.00 2 EA 220.00 $ 440.00 200.00 400.00 $ 350.00 $ 700.00 QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL LS $10,000.00 $ 10,000.00 $25,000.00 $ 25,000.00 $12,000.00 $ 12,000.00 33 TN $ 250.00 $ 8,250.00 $ 184.43$ 6,086.19 170.00 $ 5,610.00 823 TN $ 150.00 $123,450.00 $ 123.28 $101,459.44 $ 117.80 $ 96,949.40 2.7 LM $1,300.00 $ 3,510.00 $ 925.00 $ 2,497.50 $ 1,100.00 $ 2,970.00 1.7 LM $ 1,300.00 $ 2,210.00 $ 925.00 $ 1,572.50 $ 1,100.00 $ 1,870.00 LM 1,300.00 $ 1,300.00 $ 500.00 $ 500.00 $ 900.00 $ 900.00 3.75$ 3,187.50 $ 3.87 3,289.50 $ 3.50 2,975.00 QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL LS $30,000.00 $ 30,000.00 $55,000.00 $ 55,000.00 $23,000.00 $ 23,000.00 21 TN $ 215.00 $ 4,515.00 $ 178.13 $ 3,740.73 170.00 $ 3,570.00 2,355 TN $ 125.00 $294,375.00 $ 124.72 $293,715.60 $ 117.80 $277,419.00 589 TN $ 275.00 $161,975.00 $ 250.00 $147,250.00 $ 260.00 $153,140.00 LS $1,500.00 $ 1,500.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 9.55 LM $ 1,300.00 $ 12,415.00 $ 925.00 $ 8,833.75 $ 1,100.00 $ 10,505.00 4 LM $ 1,300.00 $ 5,200.00 $ 925.00 $ 3,700.00 $ 1,100.00 S 4,400.00 2.5 LM 1,300.00 $ 3,250.00 $ 500.00 $ 1,250.00 900.00 $ 2,250.00 2 EA 350.00 $ 700.00 $ 200.00 $ 400.00 $ 350.00 $ 700.00 EA $ 6,500.00 $ 13,000.00 $ 6,800.00 $ 13,600.00 $ 7,300.00 $ 14,600.00  ITEM DESCRIPTION  424- 6089 DOUBLE SURFACE TREATMENT w/ SAND SEAL, 35,555 SY $ 3.90 $138,664.50 $ 4.20 $149,331.00 $ 3.50 $124,442.50  1,425 GL $ 3.75 $ 5,343.75 $ 3.87 $ 5,514.75  3.50 $ 4,987.50 362,116.00  BASE CONSTRUCTION TOTAL:  463,048.25 $  439,823.65  ITEM DESCRIPTION  210-1 1000 SHOULDER BACKFILLING (BOTH SIDES), GRADE, 3.31 ML $12,000.00 $ 39,720.00 $15,000.00 $ 49,650.00 $ 6,500.00 $ 21,515.00 424-6 6089 DOUBLE SURFACE1 TREATMENT w/ SAND: SEAL, 38,837 SY $ 3.90 $151,464.30 $ 4.14 $160,785.18 $ 3.50 $135,929.50  1,575 GL BASE CONSTRUCTION TOTAL: $  4.00 $ 6,300.00 489,611.30 $  4.00 $ 6,300.00 S 3.50 $ 5,512.50 491,597.18  395,665.00  ITEM DESCRIPTION  210-1 1000 SHOULDER BACKFILLING (BOTH SIDES), GRADE, 1.67 ML $4,000.00 $ 6,680.00 $17,000.00 $ 28,390.00 $ 6,500.00 $ 10,855.00 424-6089 DOUBLE SURFACE TREATMENT w/ SAND SEAL, 20,575 SY $ 4.00 $ 82,300.00 $ 4.10 $ 84,357.50 $ 3.50 $ 72,012.50  850 GL  BASE CONSTRUCTION TOTAL: $  240,887.50 $  253,152.63  206,141.90  ITEM DESCRIPTION  210-1 1000 SHOULDERI BACKFILLING (BOTH SIDES), GRADE, 2.5 ML $17,500.00 $ 43,750.00 $17,000.00 $ 42,500.00 $ 6,500.00 $ 16,250.00 424-6 6089 DOUBLE SURFACE TREATMENT w/S SAND: SEAL, 58,814 SY $ 4.00 $235,256.00 $ 3.89 $228, 786.46 432-0205 6" FULLI DEPTH RECLAIMATION (FDR) WITH8 8% 28,891 SY $ 12.00 $346,692.00 $ 5.10 $147,344.10 $ 5.85 $169,012.35  3.50 $205,849.00  1,200 GL BASE CONSTRUCTION TOTAL: $ CONSTRUCTION GRANDI TOTAL: $  4.00 $ 4,800.00 1,157,428.00 $ 2,350,975.05 $  3.87 $ 4,644.00 955,764.64 $ 2,140,338.10 $  3.50 $ 4,200.00 892,395.35 1,856,318.25    KAWAMEC COLEMAN. DISTRICTI RICKYT HUGHI FOSKEY, DISTRICTII JIMS SHERROD. DISTRICTIV TIMMY OLIVER, DISTRICTV  GUY  COUNTY HALEILAMB, COUNTY CLERK RICHARD MCNEELY, COUNTY ATTORNEY JUSTIN MORRIS, PUBLIC WORKS DIRECTOR  1812  EMANUEL COUNTY BOARD OF COMMISSIONERS:  THE PLACE TO GROW  RESOLUTION FORI REAPPOINTMENTTOTHE  EMANUEL COUNTY DEPARIMENT OF FAMILY AND CHILDREN SERVICES BOARD WHEREAS, there is a vacancy on the Emanuel County Department of Family and Children Services WHEREAS, it ist the responsibility oft the County Commission to appoint a successor when a vacancy  Board; and occurs; and  WHEREAS, the person(s) appointed will serve at term of(5)years;  NOW THEREFORE BE IT RESOLVED, the Emanuel County Board of Commissioners reappoint Martha Anders toi the Emanuel County Department ofFamily and Children Services Board with thisterm  of office to begin on January 1, 2025 and expire on December 31, 2029.  ADOPTED this 16th day of September, 2024.  EMANUEL COUNTY BOARD OF COMMISSIONERS  Ly1hy  ATTEST:  ucdank  County Clerk    KAWAMECOLEMAN, DISTRICTI RICKY HUGHF FOSKEY, DISTRICTIII JIMS SHERROD. DISTRICTIV TIMMYO OLIVER, DISTRICTV  LGUYS SINGLETARY, COUNTY HALEILAMB. RICHARD MCNEELY, COUNTY JUSTIN MORRIS, PUBLIC WORKS DIRECTOR  DISTRICTI  CLERK  1812  EMANUEL COUNTY BOARD OF COMMISSIONERS:  THE FLACE TO GROW  RESOLUTION FOR. APPOINTMENT TOTHE  DEPARTMENT OF BEHAVIORAL HEALTH & DEVELOPMENTAL DISABILITIES BOARD WHEREAS, there is a vacancy on the Department of Behavioral Health & Developmental Disabilities WHEREAS, it is the responsibility of the County Commission to appoint a successor when a vacancy  Board; and occurs; and  WHEREAS, the person(s) appointed will serve at term of(3)years;  NOW THEREFORE BE IT RESOLVED, the Emanuel County Board of Commissioners reappoint Chase Sherrod to the Department of Behavioral Health & Developmental Disabilities Board with this  term of office to begin on. January 1, 2025 and expire on December 31, 2027.  ADOPTED this 16th day of September, 2024.  EMANUEL COUNTY BOARD OF COMMISSIONERS  y Jaly  ATTEST:  auodank  County Clerk