TOWN OF SURFSIDE BEACH ENCROACHMENT PERMIT FOR PIER DECK aE eo APPLICANT INFORMATION Business Name DBA): Atlantic Restaurant Group, LLC | Primary Contact(s). Bill Howard and Shawn Roth Business Owners Name: Bill Howard and Shawn Roth Home Mailing Address: PO Box 7231 Business Mailing Address: PO Box 7231 City: Myrtle Beach State: SC. Zip Code: 29572 : Myrtle Beach State: SC Zip Code: 29572 Telephone #: (843) 315-4008 or (843) 997-0100 ‘Telephone #: (843) 315-4008 or (843) 997-0100 Property Owners Name: N/A GENERAL Will the restaurant offer alcoholic beverages for consumption on tea deck? fs. No Approximate Dimensions of deck area: 62 ( fx Number of Tables: o —_Nanterg cae “ane A. petiole, o/lgughes Stedy may be pleerct alone, prepesh Nada APPLICATION SUBMITTAL REQUI NTS 1 A copy of a valid Town of Surfside Beach business license to operate the business. Proof of current general liability insurance and, applicable, alcohol liability insurance issued by one or more insurance companies licensed to do business in the state of SC, protecting the licensee and the Town from all claims for damage to property and bodily injury, including death, which arise from operation under or in connection with the encroachment permit. Such insurance shall name to Town as an additional insured, shall include an indemnification policy shall not terminate or be canceled prior to the expiration date without 30 days? advance written notice to the Town. Each policy shall be for a minimum of one million dollars coverage. The indemnification agreement shall include provisions requiring the applicant to indemnify and save harmless the ‘Town from any claim of liability, and associated defense costs, that arise out of the applicant's use of the deck ‘area, and shall preserve the right of the Town to its choice of defense counsel. A sketch, to scale, of the proposed location, showing the layout and dimensions of the existing public area and adjacent private property must be attached. Proof of any required LOP license, health permits or other state petmits for the business involved. Photographs, drawings or manufacturers’ brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the business. FORM AND CONDITIONS OF PIER ENCROACHMENT PERMIT. 1. Terms of this encroachment permit will begin on the date approved by the Town (as noted on page 3 of this document) and continue through December 31, 2013 2. Appropriate signage must be placed to ensure non-patrons recognize that pier seating on the deck is for Surf Diner patrons only. AU proposed signage, (temporary or permanent) must be preapproved by the Town prior to placement. 3, There shall be no outdoor bar; outdoor bars are prohibited by Town Ordinance. Food and beverages, however, may be dispensed through windows or doors. 4, ‘The permit issued shall be personal to the permittee only and shall not be transferable in any manner.5. The permit may be suspended by the Permit Administrator when necessary to clear the public property for public safety. 6. The Permit Administrator may require the temporary removal of items within the encroachment area when common area or utility repairs necessitate such action. 7. The permit shall be specifically limited to the area shown on the diagram attached to the permit application. As a condition of approval, the Town may reduce and otherwise reconfigure the proposed area and the number of requested chairs, tables, and items within the encroachment area to comply with code and/or Town Ordinance. 8. No additional outdoor seating authorized under this permit shall be used for calculating seating requirements pertaining to location of, application for or issuance of an LOP license for any establishment, or be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claiming exemption from such requirements under the provisions of any Town ordinance or state law. 9. The issuance of a permit does not grant or imply vested rights to the use of the area by the permittee. The Town setains the right to deny the issuance of a permit or the renewal of a permit for any reason, 10. Tables, chairs, umbrellas and any other objects placed within the encroachment area shall be maintained with a clean and attractive appearance and shall be kept safe and in good repair at all times. 11. A clean and sanitary area shall be maintained at all times. Litter shall be removed promptly. 12. The Pier deck must be accessible and detectable per American with Disabilities Act (ADA) guidelines. © PB&Z is responsible for reviewin; i. ADA access in the public place around the permitted area; ADA access from the public place into the permitted area; Fencing is detectable by cane; Furniture is movable and not permanently affixed 13, Clear Path of Pedestrian Travel © A minimum of six (6) feet of clear path of travel is required through and onto permitted area from public area and from fixed building exit. (© The pedestrian path of travel should be straight and not involve sharp or jagged turns that would impair pedestrian circulation © Blecttical cords or strings of lights may not be placed on the pedestrian path of travel 14, Potted plants, planter boxes or other landscaping must be contained within the footprint of the approved permitted area dimensions. Landscaping may be no higher than 42 inches and may not encroach on the clear path of travel required in item #14 above. Any landscaping elements are subject to the same removal requirements as the rest of the permitted area footprint. 15, The encroachment permit is a temporary license, which may be denied, suspended or revoked for any conduct which is contrary to the provisions of the Town Code or for conduct of the business in such a manner as to create a public nuisance or constitute a danger to the operator’s or the public’s health, safety or welfare. No property right is created by this encroachment permit, and the decision of the Town Administrator shall be final IMPROVEMENTS ‘© Lighting may be purchased by the business owner and installed on deck with approval and permitting by the ‘Town Planning, Building & Zoning Department prior to installation. (AIL lighting must be certified as turtle friendly), Poles may be installed at comers to affix above mentioned lights with approval and permitting by the Town Planning, Building & Zoning Department prior to installation. ‘+ Install one- foot lip from the railings in the east and south sides where diners could be seated at bar stools with preapproval and permitting by the Town Planning, Building & Zoning Department. ‘+ Additional signage may be installed in accordance with the Town Sign Ordinance and must be approved and permitted by the Town Planning, Building & Zoning Department prior to installation.All improvements shall be approved by the Town of Surfside Beach prior to installation. The Town reserves the right to deny any improvements that are not considered to be aesthetically pleasing or do not comply with code or Town Ordinance. Any improvements approved aud completed by the business owner shall become permanent fixtures of the building and may not be removed without written consent of the Town of Surfside Beach. FEES AA fee of $4000 (four thousand) shall be collected, covering the time from which this permit is approved by the Town until December 31, 2013. Encroachment permit payments shall be made according to the following schedule: June 30, 2013 - $1,333 July 31, 2013 - $1,333, August 31, 2013 - $1,334 Fees for the ensuing year shall be determined by Town Council and tenant at a later date. As the applicant, I am responsible for conforming with the provisions of the Town of Surfside Beach Ordinances pertaining to the uses and restrictions of the pier deck in conjunction with the ‘restaurant, Additionally, the of said deck shall be in conformity with all applicable town and state laws, ordinances and regulations concerning protection of public health and safety, the dispensing, serving or consumption of alcoholic beverages and sanitation, I further understand the restaurant deck encroachment is a temporary encroachment only and shall not be valid until approval of the permit application has been granted by the Town. The encroachment approval by the Town to the applicant is temporary; any improvements/additions to the deck area must be approved and permitted by the appropriate staff prior to placement. Improvements/additions shall be considered permanent and shall not be removed by the business owner in the event the deck encroachment permit is not renewed without the express written consent of the Town of Surfside Beach. ee a ae Applicant’s Signature Date yen P4— s-[) = ye Date Authorized By: Gi eM ___wli2lia ‘Town AdministratorDI rece Th ( 7 IPS jaro ‘Shastt z 2 ol QD 01/10/2012 2:52 PM ‘STATE OF SOUTH CAROLINA LEASE AGREEMENT COUNTY OF HORRY ee le (hereinafter referred to as "Lessor", the Atlantic Restaurant Groupf{ereinalter referred to a3 "Lessee"), Bill Howard and ‘Shawn Roth (hereinafter referredto collectively as “Guarantors” and each individually & “Guaraator”); This Lease ‘Agreement is specifically contingent upon Lessee obtaining all necessary permits to operate a restaurant on the demised premises described below. In the event Lessee isnot able to obtain all necessary permits within thirty (30) days from the date ofthe execution of this Lease Agreement, Lessee may give Lessor notice of termination of this Lease Agreement and neither party shall any further liability hereunder. \WITNESETH: In consideration ofthe rents hereinafter reserved and the covenants and agreements hereinafter expressed on the parts ofthe parties to be performed, the Lessor leases unto the Lessee and the Lessee leases from the Lessor the premises in its "as condition hereinafter described on the terms and conditions stated, to-wit 1) DEMISED PREMISES: The Demised Premises are described or identified on the property legally described on Exhibit "Al and A2 attached hereto. The property has the adéress of TMS# 195-04-09-001, 115 HWY 17 N, Lot A Block H, 11 Ocean Boulevard, Surfside Beach, SC 29575. 2) TERM: Lessee shall have and hold the Demised Premises for aterm of five (5) years, commencing on. ‘and ending at midnight on a 2) Option to Extend, Provided Lessee is notin default under this Lease, Lessee shall have the option to extend this Lease for three consecutive periods of five (5) years each, Lessee shall exercise such option by giving Lessor ‘written notice thereof not later than one hundred eighty (180) days prior tothe expiration of the expiring term. The extension shall be under the same terms and conditions as tated in the Lease, except that for each extension term, rent shall be modified as sot out in Section 3 below. The inital term and extension terms are hereinafter collectively referred to as the "Term". 3). RENT: During first and second Term, the Lessee shall pay tothe Lessor for the Demised Premises rent per annum. Rent") as follows: 4) Forthe year 2012 the Rent shall be $50,000 payable upon the execution ofthis Lease Agreement as three (3) equal installments ofthe balance each due on June 30:h 2012, July 30th 2012 and August 30th 2012. For the year 2013, the Rent shall be $52,500 payable as three (3) equal installments of the balance each due on June 30th 2013, July 30th 2013 and August 30th 2013. For the year 2014 the Rent shall be $55,000 payable as three (3) equal installments of the balance each due on June 30th 2014, July 30th 2014 and August 30th 2014. For the year 2015 the Rent shall be $57,500 payable as three (3) equal installments ofthe balane each due on June 30th 2015, July 30th 2015 and August 30th 2015, For the year 2016 the Rent shall be $60,000 payable as tree (3) equal installments of the balance each due on Sune 30th 2016, July 30th 2016 and August 30th 2016. For the year 2017 the Rent shall he $62,500 payable as three (3) equal instaliments of the balance each due on June 30th 2017, July 30th 2017 and August 30th 2017. For the year 2018 the Rent shall be $65,000 payable as three (3) equal installments ofthe balance each due on June 30th 2018, July 30th 2018 and August 30th 2018. For the year-2019 the Rent shall be $67,500 payable as three (3) equal installments of the balance each due on June 30th 2019, July 30th 2019 and August 30th 2019, For the year 2020 the Rent shall be $70,000 payable as three (3) equal installments of the belance each due on June 30th 2020, July 30th 2020 and August 30th 2020. For the year 2021 ‘the Rent shall be $72,500 payable as three (3) equal installments of the balance each due on June 30th 2021, July 1|Page Ge) hl wad ot1/10/2012. 2:52 PM 30th 2021 and August 30th 2021. +b) Rent for Thitd and Fourth Extension Terms. For the third and fourth extension terms, if exercised, rent shall be ‘computed as an amount equal tothe fair market rental rate ofthe Demised Premises based on its use during the last Lease Year ofthe then-current term, but calculated as ifthe Demised Premises were vacant with Lessor’s standard building ft-up installed Lessor and Lessee shall employ the procedure and timetable described below for the purpose of computing the fair market rental rate of the Demised Premises and the Rent promptly payable during each Extension Tent 4) Lessors Notice. No later thas the one hundred seventieth (170th) day prior tothe expiration of the then-current term (the "Expiration"), Lessor shall deliver to Lessee notice of its proposed Rent forthe ‘Demised Premises during such Extension Term. fi) Lessee's Notice, No lter than the one hundred sisty-fifh (165th) day prior to Expiration, Lessee shal send to Lessor notice of its proposed Rent forthe Demised Premises. In the event Lessee does not send Lessor notice ofits proposed Rent as required above, then the Rent proposed by Lessor pursuant to (i) above shall be ‘deemed the Rent for such Extension Term. it) igat Negotiation. Inthe event the parties nogotiate and agree to Rent and have executed a writen agreement establishing same on or before the one hundred fifty-fifth (155th) day prior to Expiration, then said Rent shall be binding upon the parties commencing with the first (Ist) lease Year of such Extension Term iv) Lessee's Appraiser. In the event the parties have failed to execute such an agreement by said date, then Lessee shall engage an appraiser, who is a member of the American Insitute of Real Estate Appraisers (an "MAT Appraiser") on or before the one hundred fiftieth (150th) day prior to Expiration, and shall notify Lessor ‘thereof. In the event Lessee does not engage an MAI Appraiser as required above, then the Rent last proposed by Lessor shall be deemed the Rent for such Extension Term, ‘v)_Lessee's Apprnser’s Determination, Not later than the one hundred thirtieth (130th) day prior to Expiration, Lessee shall deliver to Lessor a copy of its appraiser's determination ofthe fair market renal as aforesaid. In the event Lessee does not deliver a copy of aforesaid, then the Rent last proposed by Lessor shall be deemed the Rent for such Extension Term, ‘vi) Second Negotiation. In the event the parties negotiate and agree toa Rent, and have executed a written ‘agreement establishing the same on or before the one hundred fifteenth (I1Sth) éay prior to Expiration, then said Rent shall be binding upon the parties commencing with the first (Ist) Lease Year of such Extension Term, vii) Lessors Appraiser. In the event the parties have failed fo execute such an agreement by said date, then Lessor shall engage an MAI Appraiser, on or before the one hundred tenth (110th) day prior to Expiration, and shall notify Lessee thereof. Inthe event Lestor does not engage an MAI Appraiser es required above, then the Rent proposed by Lessee's appraiser shall be deemed the Rent for such Extension Term. viii) Lessor’s Appraise’s Determination, Not later than the ninetieth (90th) day prior to Expiration, Lessor stall deliver to Lessee a copy ofits appraise’ determination of the fur market rental as aforesaid. Inthe event Lessor does not deliver a copy as aforesaid, then the last proposed by Lessec's appraiser shall be deemed the Rent for such Extension Ter. ix). ‘Third Negotiation. In the event the partes negotiate and agree to @ Rent, and have executed a written ‘agreement establishing the same on or before the seventy-fiflh (75th) day prior to Expiration, then ‘hall be binding upon the partes commencing wit the fist (Ist) Lease Year of such Extension Term. x) Third Appraiser. In the event the partes have failed to execute such an agreement by said date, then the two (2) MAI Appraisers shall choose a third (rd) MAI Appraiser and notify Lessor and Lessee of said choice. Each party shal bear the cost of ts appointed MAI Appraiser and shall share equally the ost of the third (3rd) MAL Appraiser. In the event that stid two (2) MAI Appraisers cannot agree onthe choice ofa third (3rd) MAI 2\Page t Rent1/10/2012 2:52 PM Appraiser and notify te parties thereof by the sixty-fifth (65th) day prior to Expiration, them the President of, the Horry County Board of Realtots shall choose third (3rd) MAT Appraiser on or before the fifty-fifh (Sth) day prior to Expiration. xi) ‘Third Appraisers Determination. Not later than the forty-fifth (45th) day prior to Expiration, the third (3ed) ‘appraiser shall determine the fair market rental rate of the Demised Premises based on its use during the last Lease Year of the then-current term, but calculated as if the Demised Premises were vacant with Lessors standard building fit-up installed, by selecting as such fair market rental rate either (A) the fair market rental rate proposed by Lessee's MAI Appraiser or (B) the fair market rental rate proposed by Lessor's MAL ‘Appraiser and submitting such determination to each party in writing. Based on said third (Grd) MAT Appraisers determination, Lessor and Lessee shall promply thereafter exeoute a written agreement establishing the aforesaid Rent, which rent shall be binding upon the parties commencing withthe first (Ist) Lease Year of such Extension Term. ©) Extension of Time for Performance. In the event that any ofthe dates set forth in paragraph (a) above occurs on a ‘Saturday, Sunday, or holiday, then the time for performance shall be extended to the next business day. 4) Lessee’s Revocation Right: Notwithstanding anything to the contrary contained in paragraph (b) above, Lessee shall have the right revoke its exercise ofthe option to extend by giving Lessor notice of such revocation within four (4) days after the date the third rd) MAI Appraiser submits its determination of the fair market rental rate of the Demised Premises to the parties, or four (4) days after Lessor or Lessee, as the case may be, fils to meet its obligations under paragraph a(11), (iv) (v) (vi), oF (vii above. If Lessee shall filo 60 exercise such right of revocation within such fou (8) day period, such right shall be totally extinguished andthe Lease shall be extended, as described in paragraph (a) above. I the event Lessee shall so exercise such right of revocation, Lessee shall surrender the Demised Premises to Lessor upon the expiration of the then-current term, and Lessr shall be relieved ofall liability created by such option o extend and any subsequent option to exten, All references herein to Rent shall be deemed to refer to per annutn amounts unless otherwise specified. A late payment charge of ten (10%) percent of any rental installment not received on or before the tenth day after ‘same shall be duc, shall be due and payable with such rental installment to cover administrative expenses and shall be deemed additional rent 4) MAINTENANCE: Beyond the inital terms of the build out period, see Exhibit “b”. Lessee accepts all improvements located on the Demised Premises in "as is" condition. Subject to Lessors repair and restoration obligations described herein, Lessee shall, tits cost, during the Term maintain, repair and/or replace, in good condition, ordinary wear and tear excepted, each and every portion of the Demised Premises, including, without limitation, maintenance, repairs andlor replacements to the heating, ventilation and air-conditioning system (the "HVAC"). Landlord shall be responsible, at its sole cost and expense, for any and all maintenance, repairs and/or replacements tothe slab, foundation and structure ofthe Demised Premises, including, without limitation, repairing any cracks or other damage thereto, and any and all maintenance, repairs and/or replacements to the roof of the Demised Premises including painting ofthe exterior walls. Any necessary maintenance and repairs shall be performed in & workmanlike manner utilizing proper contractors, sub-contractors and material men. Lessee shall be solely responsible forthe cost of such maintenance and repairs and shall save Lessor harmless from any claim for labor and/or materials utilized in the ‘performance of such maintenance and repairs. Lessee will obtain, at Lessee's sole cost, all utility installations including ‘water and sewer taps, construction permits and licenses forthe construction ofthe improvements and shall comply with all local, state and federal laws and regulations concerning the development thereof, and the construction and ‘maintenance of the improvements. All permanent structural improvements shall belong to the Lessor and become a part of the Premises upon the termination or expiration of this Lease. Nothing contained herein shall be deemed to 3[Page hg Ww a1/10/2012 2:52 PM 3) 6) o) make Lessee or any of Lessee's employees or agents (including any contractors, sub-contractors or suppliers of materials) the agent or employee of Lessor nor give rise to any lien agains! the fee ownership of the Demised Premises of Lessor. DAMAGE: Should the building or improvements constructed on the Premises herein demised be wholly or partially destroyed by fire or other casualty, the Lessee wil: (1) with all due diligence, utilizing insurance proceeds, repair or restore the same so that thereafter the property shall be substantially in its same condition as immediately prior to such ‘damage; or (2) terminate this Lease and assign all insurance proceeds to Lessor. Lessor shall not be required to expend ‘any funds other than insurance proceeds received for the repair and or restoration ofthe Premises. The Lessee shall be ‘tesponsible for any additional construction costs above insurance proceeds reveived. Ifthe damage or destruction shall ‘occur within the last two (2) years of the intial term or any extension term, Lessor may, a its option, tenminate this Lease and all proceeds of insurance on the real property payable to either or both parties as a result of, oF in connection ‘with, such damage or destriction of the building shall be the sole property of the Lessor and paid to Lessor, unless Lessee agrees to exercise the next five (5) yee option period. Inthe event the damage or destruction shall occur within the last two (2) years ofthe ast option period, Lessor may, at is option, terminate this Lease and all proceeds of insurance on the rel property payable to ether or both parties as a result of, or in connection with, such damage or destruction of the building shall be the sole property of the Lessor and paid to Lessor. ‘The rental and any other charge referred to heretofore shall continue during the period in which the Demised Premises are not suitable forthe conduct of the Lessee’ business and until the Demised Premises shal! have been restored tothe cotiition which they were in immediately prior to the destruction or damage, it being Lessee's duty and responsi to cary such insurance for business interruption as it may deem advisable. Proceeds of insurance on damaged or destroyed personal property of Lessee shall belong solely o Lessee. IMPROVEMENTS; Inia capital improvements are to be determined by building code. The capital improvements during the build out period shall be accessed as a eduction ofrent to offset the cost ofthese capital improvements. See Exhibit “B", Lessee, at Lessee’ own expense, may from time to time during the Term of this Lease make any alterations, additions ‘and improvements in and tothe improvements upon the Demised Premises which Lessee deems necessary or desirable, 50 long as such alterations or additions in no way diminish the aesthetic effect of the original building or structures and the prior written approval of Lessor has been obtained, which approval shall not be unreasonably withheld. The addition of an outdoor deck would be amenable to the Lessor, if Lessee first obtained all necessary permits trom local, state and federal agencies and department, All permanent structural improvements shall belong tothe Lessor and, ‘become a part ofthe Premises upon the termination of expiration ofthis Lease. At the end of the term of this Lease, the Lessee shall have the right to remove eny equipment, signs, counters, shelving, trade fixtures and other items of personal property which Lessee has installed during the term of this Lease; it being understood and agreed between the parties thatthe same shall, stall times, remain the property of the Lessee. In the course of removing the said items as hereinabove enumerated, the Lessee shall repair or reimburse Lessor forthe cost of repairing any damage to said improvements resulting from the installation or removal of such items. Lessee acknowledges thet the Premises, including all improvements located thereon, have boen fully inspected and that Lessee accepts the Demised Premises UTILITIES: During the term ofthis Lease Agreement, the Lessee shall be responsible for and shall pay forall clecticity, heat, air conditioning, water, sewage, janitor service, garbage disposal and other utilities or services required by Lessee in the use ofthe improvements constructed upon the Demised Premises. In no event shall Lessor be liable for any interruption ot failure inthe supply of any utilities to the Demised Premises on and after the Occupancy Date. 4|Page Kes A4PP uf o. . 1/10/2012 2:52 PM 8) TAXES: Lessee also agrees to pay directly to the various taxing authorities any and all taxes attributable to Lessee's fariture, fixtures and improvements that may exist onthe Demised Premises during the term of this Lease. Lessee also agrees to pay directly to the various taxing authorities any and al taxes attributable to Lessee's furniture, Fixtures and, improvemenis that may exist on the Demised Premises during the term of this Lease. a restaurant 9) USE.OF Demised Premises: The Demised Premises shall be used by Lessee forthe purpose of ope and related uses and for no other purpose or purposes. In the event any governing authority having jurisdiction over the Demised Premises should bring an action for nuisance under Section 15-43-10, Code of Laws of South Carolina (1976), Anaotated, or under any other applicable ordinance, ‘such event shall constitute an event of default under this Lease Agreement entitling Lessor to immediately declare this Lease Agreement in default and terminated. Lessee covenants not to perform any act on or about the Demised Premises prohibited by law nor omit to perform any act required by law in connestion with the use or operation of the Demised Premises; nor to use or maintain the Demised Premises in such a manner as to constitute an actionable nuisance to Lessor or any third party; and not to commit or permit waste of the Demised Premises. Lessee shall comply svith and ‘observe all easements and all restrictive covenants and conditions placed on the Demised Premises by Lessor that may affect or apply tothe Demised Premises, or any portion thereof, from time to time, which covenants and conditions hhave previously been made known to Lessee in writing, Except as otherwise provided herein, Lessee shall procure, at its sole cost and expense, all permits and licenses required forthe transaction ofthe Permitted Use in the Demised Premises and shall otherwise comply with all applicable laws, ordinances and governmental regulations. Upon termination ofthis Lease, Lessee shall surrender the Demised Premises in a broom clean condition and in as good a condition and state of repair as existed on the Commencement Date, excepting only reasonable wear and tear Lessee shall not use or oceupy or permit the leased property or any part thereof tobe used or occupied for any unlawful business, use or purpose, for any business, use or purpose deemed disreputable or extra hazardous, or for any purpose ‘or in any manner which is in violation of any present or Future governmental laws or regulations, including, without limitation, the provisions of Title 21 ofthe United States Code of Laws,$801, etseq. (1976 ed, as amended). Lessee shall, promptly after discovery of any such unlawful, disreputable or extra hazardous use, take all necessary legal and ‘equitable steps to compe! the discontinuance of such use and to oust and remove any occupants or other persons guilty of such unlawfl, disreputable or extra hazardous use. Lessee shall indemnify Lessor agains all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands, including attorneys fees, arising ‘out of any violation of or default in these covenants. 10) INDEMNIFICATION: The Lessee hereby agrees and covenants to indemnify the Lessor and hold it harmless, and by this instrument does hereby indemnify and bold the Lessor harmless from any and all ability for any injury to the public arising out ofthe use ofthe Demised Premises by the Lesse, Lessee's employees or any member of the public using the Demised Premises as an invitee or otherwise, and futher, the Lessee covenants and agrees that any member ofthe public entering on the Demsed Premises enters thereon asa vite of the Lessee and not of the Lessor. Further, Lessee agrees and covenants to indemnify the Lessor and hold it harmless agains! the cost of any and all improvements on the Premises, and does hereby old and shall hold Lessor harmless against any clin arising by reason ofthe construction thereof, especially including but not limiting the generality of mechanic's lien or public liabilty, 11) INSURANCE: Lessee agrees to procure and maintain a policy or policies of insurance, at Lessee's own cost and expense, insuring Lessee, with Lessor named as an additional insured, from all claims, demands or actions for injury to ‘or death of a person, or for damage to property, in an amount of not ess than one million dollars (1,000,000) and one millon dollars (1,000,000) for any, (1) one occurrence one million dollars (1,000,000) and one million dollars (1,000,000) as a policy year general aggregate, with respect to products/completed operations lisbility, made by or on S|Page ayer yh an4/10/2012 2:52 PM behalf of any person or persons, fim or corporation arising from, related to, or connected withthe conduct and operation of Lessee's business in the Leased Premises. Lessor may requit,in its sole discretion, thatthe amount of liability insurance be increased from time to time, subject to the standard of reasonableness. Lessee shall keepin force workers’ compensation or similar insurance to the extent required by law. {tis further agreed that the Lessee is solely responsible for insuring Lessee’s own furniture, fixtures and equipment to the extent Lessee deems desirable; and that this insurance, if applicable, will be caried under a separate policy and in the Lessee's name. Prior to the sale, storage, use or giving away of alcoholic beverages on or from the Leased Premises by Lessee or any other person, Lessee, at Lessee’ own expense, shall obtain a liquor liability policy or policies of insurance issued by an ‘acceptable insurance company and in a form and amount reasonably acceptable to Lessor saving harmless and protecting Lessor and the Leased Premises against any and all damages, claims, liens, judgments, expenses and costs arising under any present or future law, statute or ordinance ofthe State of South Carolina or other govemmental authority having jurisdiction of the Premises, by reason of any such storage, sale, use or giving away of aleoholic beverages on or from the Premises. Lessce shall deliver copies of sai policies or certificates thereof to Lessor within ten (10) days of the commencement of the term hereof. Inthe event Lessee’ insurance hereunder is cancelled or terminated, Lessee shall cease business ‘operations on the Demised Premises until such time as th insurance as required hereunder isin full force and effect. 12) NOTICES: All notices required to be given to Lessor hereunder shall be sent by registered or certified mail, and all rent payments shall be delivered by hand to the Town Administrator, Town of Surfside Beach, Highway 11 Nort, Surfside Beach, SC 29575, ‘All notices required to be given to Lessee shall be sent by registered or cetitied mail to Lessee at 150 Avenue of the Palms, Myrtie Beach, SC 29579, or to such other address as Lessee may direct from time to time by written notice forwatded to Lessor by registered or certified mail or hand delivered to the Town Administrator at Surfside Beach ‘Town Hall. 13) DEFAULT AND TERMINATION: If Lessee shal fail to pay any installment of rent, insurance or property taxes ‘prompily on the day same shall become due and payable hereunder, and shall continue in such default for a period of ten (10) days after written notice thereof by Lessor, or if Lessee shall fail 1o promptly Keep and perform any other ‘affirmative covenants ofthis Lease, strictly in accordance with the terms ofthis Lease, and shall continue in default for period of thiety 20) days afer written notice thereaf by Lessor of default and demand of performance, then and in any such event and as often as any such event shal occur, Lessor may: (a) declare the said term ended, and enter into the said Leased Premises, or any part thereof, either with or without process of law, and expel Lessee or any person ‘occupying the same in or upon said Premises, using such force as may be necessary, and to repossess and enjoy said Premises as in Lessors former estate; or (b) re-let the Premises, applying said rent from the new lessee on this Lease, and the Lessee shall be responsible for no more than the balance that may be due forthe balance of the lease term, should a balance exist. However, i any default shall occur, ether than inthe payment of money, which cannot with due diligence be cured within a period of thiry (30) days, and Lessee, prior tothe expiration of thirty (30) days fom and. after the giving of notice as aforesaid, commences to eliminate the cause of such default and proceeds diligently and ‘with reasonable dispatch to undertake efforts required to cure such default, then Lessor shall not have the right t0 declare the said term ended by reason of such default, Provided that should Lessor give notice of default for the same breach (ie. payment of rent) during any calendar year, such right to notice and right to cure shall terminate, 6 [Page dba 7 v Ke41/10/2012 2:52 PM 14) BANKRUPTCY: The Lessee futher covenants and agrees that if, at anytime, Lesse is adjudged bankrupt or insolvent under the laws ofthe United States or of any Stato, or makes a general assignment fo the benefit of creditors, or if reaziver of al the property of the Lessee is appointed and shall not be discharged within ninety (90) days efter such Sppointment, then the Lessor may, ats option, declare the terms ofthis Lease Agreement at an end and shall forthwith be entitled to immediate possession ofthe said Premises. 15) CONDEMNATION: Ifthe Demised Premises, r any pat thereof, shall be taken in any proceeding by public tuthorties by condemoation or otherwise, or be acquired for public or quasi-public purpose, the Lessee shall have the tight to terminate this Lease, in which case any unearned ret shall be refunded tot, Inthe event that only portion of the Demised Premises shall be taken by condemnation or other proceedings, and the remaining part of the Premises shal be reasonably usable by the Lessee, and ifthe Lessee elects not to tenminate this Lease, then the rent shall be hated in proportion to that part ofthe Demised Premises so taken, and all ther conditions and provisions of this Lease ‘Agreement shall remain infil foree and effec. Provided, however, utility easements, et., which do not restrict the Demised Premises from parking, landscaping, ee. ‘hall not be considered a condemnation for purposes of cancellation or rent abatement Inany such proceedings whereby all or prt of said Premises are taken, whether or not the Lessee elects to terminate this Lease, all parties shall be fee to make claim against the condemning party forthe amount of the actual provable damage done to each of them by such proceeding. 1 shall belong to the Lessor and Lessee as their Any proveeds received from a condemnation of the Demised Pret interests may appear. 16) SUBORDINATION/ASSIGNMENT OF LEASEHOLD: Lessce will upon written request by Lessor subordinate is Tights hereunder othe lien of any bona fide mortgage given to secure a loan made to Lessor; provided, however, that such subordination shall be made only upon the expressed written condition that Lessee will not be disturbed inthe use ‘or enjoyment of the premises so long 2s it does not continue a default in the performance of any ofits covenants hereunder according to the terms and conditions herein contained. ‘Lessor may at any time during the term hereby assign Lessors interest in tis Lease Agreement without consent of Lessee, Provided, however, Lessor agrees to subordinate any liens for rental, distress or otherwise on Lessee's personaly, equipment, ventory and ade Gxtures (and any additions thereto and/or replacements thereof in favor of fogalfnancialinsttution loaning money to Lessee to be used for improvements fo the Demised Premises, Lessor shall not be obligated to mortgage or in any way subordinate its interest in the Demised Premises for financing obtained by Lessee, 17) HAZARDOUS MATERIALS: Lessee warrants that no substances or materials which are or may be governed oF regulated by any governmental authority as hazardous waste, hazardous substances, pollutants or contaminants willbe tsed on, stored on, or deposited onthe leased premises. Further Lessee warrants that Lessee does not and ill not tenzage in any activity Which would involve the use of the Premises forthe storage, use, treatment, transportation or tisposal of any chemical, material or substance which is regulated as toxic or hazardous or exposure to which is prokibitd, limited or regulated by any federal, state, county, regional, loca or other governmental authority. Lessee Shall, and does hereby agree to, bold harmless and indemnify Lessor fom all actions, claims, lability, toss and/or damage, including easonable attorney's fees, arising from the breach of warranties contained in this Aicle, These provisions shall survive the date of temrination of the Leese, 7|Page1/10/2012 2:52 PM 18) COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT: Lessee shall comply with al of the applicable provisions ofthe Anvercans with Disabilities Act and shall not discriminate against anyone on the basis of. disability. The fail shal be accessible individuals with disabilities so that an individual shall have fll and equal enjoyment ofall gods and services ifthe individual doesnot pose direct threat to the ealth or safety of others. ‘Additonaly, al alterations must be made accessible to people with disabilities tothe maximum extent feasible. Tn the event any claims, grievances, complaints or concems ae made tothe Lessee alleging a failure to comply with the ‘Americans with Disabilities Ac, th Lessce shall immediatly notify the Lessor. Lexse shall indemnify and hold harass the Lessor from all mates relating tothe Americans with Disabilities Act including any and al claims, actions, or proceedings involving the Lessor. The Lessee shal indemnify Lessor for all expenses, charges, ines, penalties, damages, judgments, attorney's fes, expert fes, witness fees, compliance costs and expenses, and anyother expenses incurred by the Lessor as a result of any matters associated withthe Americans with Disabilities Act. 19) HOLDING OVER: Ifthe Lesse shall remain in possession of the Demised Premises, or any part thereof, after the expiration ofthe txm ofthis Lease with the Lessors acquiescence and without any agreement ofthe parties, the Lessee shall be only a tenant at will, and there shal be no renewel ofthis Lease or exercise of an option by operation of lw. During such holding over period, Lessee shall pay rent (including taxes and other charges hereunder) atthe highest ‘monthly rate provided herein, 20) REMEDIES CUMULATIVE NON- WAIVER: No remedy herein or otherwise conferred upon or reserved to Lessor or Lessee shall be considered exclusive of aay other remedy, but the same shall be distinet, separate and cumulative and shall bein addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statue: and every power and remedy given by this Lease to Lessor or Lessee may be exercised from time to time as often as ‘occasion may arise or as may be deemed expedient. No delay or omission of Lessor or Lessee to exercise any right or power arising from any default on the part of the other shall impair any such right or power, or shall be construed to be ence therein. ‘waiver of any such default, oran acqui 21) SHORT FORM LEASE: Upon the commencement ofthe term ofthis Lease, the partes hereto shall execute a ‘memorandum or short form Lease Agreement, in recordable form, specifying the commencement and termination dates ofthe term hereof and including any such other provisions hereof as either party may desire to incorporate therein, Provided, however, that the expense of recordation shall be borne by the party desiring to record, 22) PARTIAL INVALIDITY: (any term or provision ofthe Lease or the epplication thereof to any person or circumstances shall to any extent, be invalid or unenforceable, the remainder ofthis Lease, or the application of such term oF provision to persons of circumstances other than those as to which itis held invalid oF unenforceable, shall not be affected thereby; and each term and provision of this Lease shall be valid and be enforced tothe fullest extent permitted by law. 23) NATURE AND EXTENT OF AGREEMENT: This Lease Agreement creates only the relationship of Lessor and Lessee between the parties herein as to the Demised Premises alone; and nothing herein shal in any way be construed to impose upon either party hereto any obligations or restrictions not herein expressly sot forth. 24) AMENDMENTS: No waivers, alterations or modifications of this Lease or any agreements in connection therewith shall be valid unless in writing, duly exeeuted by both Lessor and Lessee herein, 25) GOVERNING LAWS: All questions with respect to this Lease Agreement and the rights end liabilities ofthe Lessor ‘and the Lessee shall be governed by the laws of the State of South Carolina. 8|Page vit w- Kev1/10/2012 2:52 PM 26) ATTORNEY FEES: Should either party find it necessary to resort to legal action o enfore the provisions of this Lease ‘Agreement, the unsuccessful party in such proceedings shall reimburse the successful party forall cost of such action ineluding a reasonable atiomey's fee. Lessee expressly agrees to pay tothe Lessor all expenses, including a reasonable attorney's fee, incurred in procuring a late rental payment or curing any other default under this Agreement, 27) QUIET ENJOYMENT: Subject to the following conditions, Lessee, upon paying the rent and all sums and charges to be paid by Lessee as herein provided, and observing and keeping all covenants, warranties, agreements and conditions ‘ofthis Lease on its part to be kept, shall quietly have and enjoy the Demised Premises during the term of this Lease ‘without hindrance or molestation by Lessor or any other persons or entities claiming any interest inthe property. The “Lessee understands that the pier, the entry ramp, the parking lot and the restrooms are all shared aspects of the pier 28) ACCORD AND SATISFACTION: No payment by Lessee or receipt by Lessor of lesser amount than the rent or other ‘amounts herein stipulated shall be deemed to be other than on account of the stipulated rent and amounts de, nor shall any endorsement or statement on any check or any letter accompanying any check or payment thereof be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessors right to recover the balance of such amounts or pursue any other remedy provided inthis Lease. 29) BINDING EFFECT: This Lease Agreement shall be binding upon and shall inure to the benefit ofthe Lessor avd Lessee hereunder and their respective hers, suecessors, assign exceutors and administrators 30) WRITTEN AGREEMENT: This Lease shall be binding only upon the execution hereof ofboth Lessor and Lessee. The ‘acceptance of rent and/or security deposit prior to such execution shall not constitute acceptance by Lessor. Any amendments hereto must also be in writing and executed by Lessor and Lessee. The lease and conditions thereof must be personally guaranteed by the principal shareholders or members of the Lessor’s corporation or LLC. 31) PARKING: The Town reserves the right to adopt or amend parking regulations forthe good ofthe Town without regard tothe terms, conditions, rights and obligations of this lease 32) PERSONAL GUAI FE. ‘S MEMBERS: Each Guarantor individually and the Guarantors collectively, jointly and severally covenant and agree to personally guarantee the performance by Tenant of the terms, conditions and obligations of this Lease Agreement and have joined in the execution hereof to evidence their guarantee. g|Page Ae te «1/10/2012 2:52 PM IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as ofthe day and year first above writen, GUARANTORS: oem. “Bal Morn Bill Howard 10|Page ah LAR ae ee1/10/2012 2:52 PM EXHIBIT "AI" "The Demised Premises includes an exclusive leasehold interest in and to that certain restaurant bl ‘onthe south side of the northwestern end of the Surfside Beach Pier, as depicted on the within E contains approximately 1,963 square fect. fing or structure situated ‘A2”, The building “The within estaurant building is situated upon the real property that is more particularly deseribed as All and Singular, ll that certain piece, parcel or lot of land situate, together with the improvements thereoa, ying and being inthe city of Surfside Beach- Horry County, SC and being more particularly described as TMS# 195-04-09-001, 115 HWYI7N, Lot A Block H, 11 Ocean Boulevard, Suriside Beach, SC 29575. “The Demised Premises also includes a non-exclusive license to utilize the walkways, ramps, stars and parking facilities associated with the Surfside Beach Pier, which non-exclusive license is and shall remain subject any rules and regulations adopted or amended from time to time by Landlord to regulate use ofthe pier amenities. a|Page Q Hh &3/10/2012 2:52 PM eXHIBIT “Az” 12|Page avy uht KR1/10/2012 2:52 PM EXHIBIT "B" CAPITAL IMPROVEMENTS BY LEASEE “The total actual cost ofthe structural build out (nonmoveable additions) will be named asa leasehold improvement. Leasee shall have the right to conduct required capital improvements to the property to bring the property into current code ‘compliance, also for other improvements to roofing, HVAC, plumbing, windows, exterior decking, electrical and flooring. Leasee shall receive prorated annual oreit of the taal cost ofthe lease hold improvements over a ten (10) year tem, not fo exceed $162,500 as shown inthe table below. In the event thatthe second term extension is not enacted, the remaini annual capital improvement adjustments from years six through ten credited from lessor are then forfeited by the lessee. Year | Bollar Amount rts 27,500 aaa. 25,000 seas 22,500 41s 20,000 s [$s 47,500 eames 15,000 _| Tales 12,500 so 4$ 10,000 gametes 7,500 a0 | $ 5,000 Total | $ 162,500 13 [Page vhf serMAYOR K, Allen Deaton TOWN ADMINISTRATOR Jim Duckett CLERK Debra {lerrmann TOWN COUNCIL Vicki Blair Bob Childs Ann Dodge Mark Johnson Douglas F. Samples Rod Smith TOWN OF SURFSIDE BEACH Thursday, January 12, 2012 ‘To Whom It May Concern: The Atlantic Restaurant Group, LLC has been made aware by the Town Administrator that there is a lawsuit pending on the Surfside Beach Pier Restaurant space. segs bok Aim Duckett Town Administrator Set l LP es Bill Howard Member, Atlantic Restaurant Group, LLC z Dedicated people providing quality and responsive service to our community 15 US Highway 17 North, Surfside Beach, SC 29575-6034 - www.surfsidebeach.org. Telephone: (843 913-6111 Facsimile: (843) 238-5432 - Email: [email protected]MAYOR 2 TOWN COUNCIL Douglas F. Samples ‘Ann Dodge INTERIM ADMINISTRATOR 7 Mark Johnson Micki Fellner ba Mary Beth Mabry * Rod Smith ‘CLERK ti cl Debra Herrmann OUT oo Randle Stevens Thy cre’ TOWN OF SURFSIDE BEACH Thursday, May 24, 2012 Reference: Term of Lease between Atlantic Restaurant Group LLC and the Town of Surfside Beach ‘To Whom It May Concern: ‘The total term of lease between Atlantic Restaurant Group LLC and the Town of Surfside Beach for the Surfside Pier Restaurant space extends from January 16, 2012 through January 15, 2032. Please do not hesitate to contact me should you have any further questions. incerely, Via Micki Fellner Interim Town Administrator veal bt (ono Debra Herrmann, Town Clerk Dedicated people providing quality and responsive service to our community. 115 US Highway 17 North, Surfside Beach, SC 29575-6034 - www.surfsidebeach.org ‘Telephone: (843 913-6111 » Facsimile: (843) 238-5432 - Email: [email protected]Tony Kyzer, PE Structural Engineer 461 Heritage Road Loris, SC 29569 October 10, 2016 To: Surfside Beach building official Re: Structural inspection Surf Diner & Pier Outfitters Memo: These business that are located on the landside end of the Surfside Beach Pier are structurally sound. This includes the access ramp from the parking area, the buildings themselves, and the exterior seating for restaurant patrons. ‘The remainder of the pier was not inspected by me, but it has sustained obvious damage. Tony Kyzer, PE TestyLETTER OF TRANSMITTAL i To: Chris Stout Welland Project Manager SC DHEC—OCRM 927 Shine Avenue Myrtle Beach, South Carolina 29577 PIN: 10.15133E Cc: Midd Feliner, Town Administrator Re: Town of Surfside Beach Pier Buildings Expansion Horry County, SC Critical Area Permit ‘OCRM P/N: OCRM-09-538-S Date: February 22, 2016 ‘Town of Surfside Beach John Adair, Public Works Director Town of Surfside Beach Eric Sanford, P.E,; DDC Engineers, Inc. Permit File ‘Additional Critical Area Permit Exhibits 1) Existing Site Layout (1R of 4R) 1 | 2102/2016 | - | 2) Proposed Site Layout (2R of 4R) 3) Pier Building Surumary (3R & 4R of 4R) 1 | 12/03/2015 | - - | OCRM Email to Town of Surfside Beach 71 | 100972014} - | Aerial Photograph of Surfside Beach Pier + | 29/2010 | - _ | Original OCRM Critical Area Permit for Expansion of Existing Pier ‘These are Transmilted as Checked Below: = For Approval ‘Submit ) Copies of Dist For Your Use ‘See Above Descriptions Prints Returned After Loan to Us ‘As Requested For Review & Comment Resubmit(_) Coples for Approval |__| For Bids Due ‘Comments: This information Is being sent fo OCRM in an effort to determine the maximum allowed square footage of buildings associated with the Surfside Beach Pier. The dimensions of the existing pier were determined by study of the Beasley Land Surveying, Inc., PLAT for PIER PROPERTIES, INC., dated July 17, 2008 and actual measurements taken with a tape measure and rolling wheel on December 11 & 12, 2015, We are prepared to meet with OCRM fo discuss in more detail. If you have any questions at this time, please give us an email or call. JR From the desk of: John P. Ryder, ASLA, PWS Environmental Project Manager DDC Engineers, Inc. 1298 Professional Drive Myrtle Beach, SC 29577 843.692.3200 phone; 843.692.3210 fax Signe Se [email protected] emailNote: "THIS DRAWING IS FOR PEROAITTING PURPOSES ONLY AND IS NOT TO BE USED FOR ENGINEERING DESIGN OR DEVAL. EXISTING PIER FOOTPRINT y 4 é 8 8 z 1 + 1 F 3 F- enone | oeox a + i =: . soiow . - ox ove arene OCRM PERMIT # OORM.09-530-5 "APPLICANT: TOWN OF SURFSIDE BEACH SITE ADDRESS: $ OCEAN BOULEVARD ‘SURFSIDE BEACH, SC SUBDIVISION: N/A MUNICIPALITY: TOWN OF SURFSIDE BEACH COUNTY: HORRY COUNTY “TS #:195-04-09-001 WATER@ODY: ATLANTIC OCEAN ‘ORIGINAL DATE: 22/2016 REVISED DATE: SCALE: = sneer oF R DC PN: 15139PROPOSED PIER FOOTPRINT (OCRM BASELINE PROPERTY LINE nore: THIS DRAWING IS FOR PERUITTING. PURPOSES ONLY AND IS NOT TO BE USED FOR ENGINEERING DESIGN OR DETAL. +} ocr seraack Line sasocaP RAM so r rani pune [ . 4 u 8 I a = I SeocaTON TR | 1 oxox | \sTorsce i i Sw aa osc . . 7 — paTUM: (OCRM PERMIT # OCRM-09.598-S "APPLICANT: TOWN OF SURFSIDE BEACH SITE ADDRESS: $ OCEAN BOULEVARD ‘SURFSIDE BEACH, SC SUBDIVISION: N/A MUNICIPALITY: TOWN OF SURFSIDE BEACH COUNTY: HORRY COUNTY “TMS #;195-04-09-001 WATERBODY: ATLANTIC OCEAN ORIGINAL DATE: 22/2016 REVISED DATE: ScALe: "#80 sHeerZR oF ER ‘ DG PN: 15193 SURFSIDE PIER MODIFICATION PROPOSED SITE LAYOUT DDC naeSURFACE AREA OF PIER 41). Main Entrance Ramp Area a. Area Landward of the OCRM Setback Line 12 ft width x 16 ft. length = 192s. b._Aroa between OCRM Baseline and OCRM Setback Line 42 ft. width x 35 ft length = 420 s.f. @ _Aroa between OCRM Basoline and Landward Comer of Existing Buildings 42 ft width x 17 ft. length = 204 sf. Total «81664. 2), Pler Area Between Buildings a. Pler Area Between Landward Comers of Buildings “A” and Building “B" to Property Line Located at Seaward Edge of Second Overhang on Building “B”. 42 fe. width x 52 ft. length = 624 sf. b. Pier Area Seaward of Building “A” "28 ft. width x 34 ft. longth = 952 s. Pier Area Seaward of Proposed Building “ "28 f. width x 15 ft. longth = 420 s.f. d._ Plar Area Between Building “B” & Proposed Building "C” ‘12 ft width x 28 length = 336 sf. Total 2,392 31 9). Main Fishing Pier Area a. Plor Area Seaward of Property Line at Building “B" (located at second overhang) to Landward Side of First Bump Out 16 ft. width x 370 ft length = 5,920 s.f "20 sf. (inctuded in footprint of Bg. 8") 900 s.f First Bump Out 720 ft, width x 14 ft length = 280 s.f ‘c _ Area from Seaward Side of First Bump Out fo Landward Side of Second Bump Out 124 f. width x 206 ft length = 4,944 s.. Second Bump Out ‘30 ft width x 15. length = 450s. e. Area from Seaward Side of Second Bump Out to Seaward End of Pier 136 ft. width 88 ft. length = 39,1688. Total 14,7428 4). Area of Existing Bulldings “A” & “B" 3. Baiding “A* 36 ft. width x 60 f. length = 2,160 sf. |B. Building “B” 30 ft. width x 62 ft. length = 1,860 s.f. baron: OCRM PERMIT# OGRM-08:598-6 APPLICANT: TOWN OF BURFSIOE BEA 'SURFSIDE PIER MODIFICATION SITE ADDRESS: $ OCEAN BOULEVARD ‘SURFSIDE BEACH, SC SUBDIVISION: N/A MUNICIPALITY: TOWN OF SURFSIDE BEACH ‘COUNTY: HORRY COUNTY SCALE:N/A, ‘TMS #: 195:04-09-004 see BRoGR WATERBODY: ATLANTIC OCEAN DOC PN: 151336 ‘SUMMARY (1 OF 2) oricinaLoate: 22206 =DDC REVISED DATE: nore: ‘pals ORAWING IS FOR PERMITTING PURPOSES ONLY AND IS NOT TO BE USED FOR ENGINEERING DESIGN OR eran. | | |Nore: ‘SUMMARY OF PIER SURFACE AREA lS DRAWING IS FOR PERMITTING PURPOSES ONLY AND IS NOT TO BE Main Entrance Ramp Area 816 sf. USED FOR ENCINEERING DESIGN OR Pier Area Between Buildings 2,356 sf. DETAL. Main Fishing Pier Area 14,742 8. ‘Area of Existing Buildings “A"&"B" 4,020 s.f Grand Total 21,9348. 35% of 21,934 sf. = 7,677 s.f. of Total Building Area Allowed in Association with Pier 4,020 s.f. of Existing Buildings on Pier 3.657 s.f of Total Additional New Building Area Allowed on Pier Notes: 1e measure and! a rolling measuring wheel on December 12, 2015. Some: 1), Existing surface areas measured using tap iced drawing titled “Plat for Pler Properties, inc.” produced by Beasley Land dimensions varled from those shown on the referen ‘Surveying, Inc. and dated July 17, 2008. 2). The area of the pier head with an open roof covering was not considered an existing structure. The square footage of tho ‘rea of the pler decking under the roof covering was Included in the Grand Total of the surface area of the existing pier. 3). The square footage of the Universal Access Ramp associated with Building “B" and the additional Universal Access Ramp associated wit the area between Building “B” and Building “C” is not included in the pior square footage. PROPOSED ADDITONAL BUILDING AREAS ON PIER (8,857 sf. maximum) Additions to Existing Building “A” at 45 ft. width x 51 ft. length = 765 sf. AZ 45 f. width x 60 ft. length = 900 s.f. Total 1,065 s.f. Proposed Building “C” Proposed Building “C™ (wlo square footage of common areas) ‘34 ft. width x 58.5 ft. length = 1,989 s.f. 120d Building Summar Total Additions to Existing Building “A” = 1,665 s. Proposed Building “C” = 1,989 o. Grand Total 3,654 s.f. Additional Common Areas of Proposed Building “C'" Town Visitor Education Center Bathroom Maintenance Storage ft, width x 12 longth = 96 s.f. Blen and Women Restrooms 20 ft. width x 22 ft. length = 440 s.f. 12 ft. width x 12 ft. length = 144 sf. DATUM: OCRM PERMIT # OCRM.09.598.5 ee ee ee SURFSIDE PIER MODIFICATION SITE ADDRESS: $ OCEAN BOULEVARD ‘SURFSIDE BEACH, SC ‘SUMMARY (2 OF 2) | susomsion: 1A muncraury: Tonmor sunrsinescacn | ORIGINAL DATE:22n018 = DDC REVISED DATE COUNTY: HORRY COUNTY SCALE: NIA | TMS #: 195.04-09-001 secciRo GR WATERBODY: ATLANTIC OCEAN ne PN: 181336 ieSURFSIDE BEACH PIER BUILDING SUMMARY “Town of Surfside Beach; Horry County, SC OCRM Permit Number: OCRM-09-538-S; DDC P/N: 10.15133E February 2, 2016 SURFACE AREA OF PIER 4). Main Entrance Ramp Area a. Area Landward of the OCRM Setback Line 12 ft. width x 16 ft. length = 192 sf. b. Area between OCRM Baseline and OCRM Setback Line 12 ft. width x 35 ft. length = 420 sf. c. Area between OCRM Baseline and Landward Corner of Existing Buildings 12 ft. width x 17 ft. length 104 s. Total 2). Pier Area Between Buildings a Pier Area Between Landward Corners of Buildings “A” and Building “B” to Property Line Located at Seaward Edge of Second Overhang on Building “B”. 12 ft. width x 52 ft. length = 624 s.f. b. Pier Area Seaward of Building “A” 28 ft. width x 34 ft. length = 952 sf. c. Pier Area Seaward of Proposed Building “A-2” 28 ft. width x 15 ft. length = 420 d. Pier Area Between Building “B” & Proposed Building “cr 42 ft. width x 28 ft. length = 336 sf. Total 2,332 s.f 3). Main Fishing Pier Area a. Pier Area Seaward of Property Line at Building “B” (located at second overhang) to Landward Side of First Bump Out 16 ft. width x 370 ft. length = 5,920 s, included in footprint of Bldg. “B”) b. First Bump Out 20 ft. width x 14 ft. length = 280s. «. Area from Seaward Side of First Bump Out to Landward Side of Second Bump Out 24 ft. width x 206 ft. length = 4,944 sf. | | |‘Surfside Beach Pier Building Summary February 2, 2016 d. Second Bump Out 30 ft. width x 15 ft. length = 450s.f. e. Area from Seaward Side of Second Bump Out to Seaward End of Pier 36 ft. width x 88 ft. length 3,168 s. Total 14,742 s.f. 4). Area of Existing Buildings “A” & “B” a. Building “A” 36 ft. width x 60 ft. length = 2,160 s.f. b. Building “B” 30 ft. width x 62 ft. length = 1,860 sf. Total 4,020 s-f. SUMMARY OF PIER SURFACE AREA Main Entrance Ramp Area 816 sf. Pier Area Between Buildings 2,356 s.f. Main Fishing Pier Area 14,742 sf. ‘Area of Existing Buildings “A” & "B” 4,020 s.f. Grand Total 21,934 sf. 35% of 21,934 s.f. = 7,677 s.f. of Total Building Area Allowed in Association with Pier -4,020 s.f. of Existing Buildings on Pier 3,657 sf. of Total Additional New Building Area Allowed on Pier Notes: 1). Existing surface areas measured using tape measure and a rolling measuring wheel ‘on December 12, 2015. Some dimensions varied from those shown on the referenced drawing titled “Plat for Pier Properties, Inc.” produced by Beasley Land Surveying, Inc. and dated July 17, 2008. 2). The area of the pier head with an open roof covering was not considered an existing structure. The square footage of the area of the pier decking under the roof covering was included in the Grand Total of the surface area of the existing pier. 3). The square footage of the Universal Access Ramp associated with Building “B” and the additional Universal Access Ramp associated with the area between Building “8” and Building “C” is not included in the pier square footage.Surfside Beach Pier Building Summary February 2, 2016 PROPOSED ADDITONAL BUILDING AREAS ON PIER (3,657 s.. maximum) Additions to Existing Building “A” Ad 15 ft. width x 51 ft. length = 765 s.f. A2 15 ft. width x 60 fit. length = 900 s.f. Total «1,665 sf. Proposed Building “C” Proposed Building “C” (w/o square footage of common areas) 34 ft. width x 58.5-ft. length = 1,989 sf. Proposed Building Summary Total Additions to Existing Building “A” = 1,665 s.f. Proposed Building “C” 989 5. Grand Total 3,654 sf. ‘Additional Common Areas of Proposed Building “C” Men and Women Restrooms Town Visitor Education Center 20 ft. width x 22 ft. length = 440 sf. 12 ft. width x 12 ft, length = 144 s.f. Bathroom Maintenance Storage B ft. width x 12 length = 96 s.f.From: Stout, Christopher [mailto:[email protected]] Sent: Thursday, December 03, 2015 11:57 AM Tot Micki Fellner; [email protected] Ce: Wiliams, Blair N. Subject: Pier Statute Language ‘Micki and John {As 2 follow-up from our discussions earlier today, below Is the language from the Coastal Tidelands and ‘Wetlands Act that | was referencing. SECTION 48-39-290. Restrictions on construction or reconstruction seaward of the baseline or between the baseline and the setback line; exceptions; special permits. “However, no permit is required under this chapter for associated amenity structures constructed on fishing piers if local governmental bodies having | responsibility for the planning and zoning authorize construction of hove amenity structures. Associated amenity structures do not include those employed as overnight ‘accommodations or those consisting of more ‘than two stories above the pier decking. Associated amenity structures, éxcluding restrooms, handicapped access features, and observation decks, may occupy no more Shan thirty-five percent of the total surface area ofthe fishing pier or be constructed ata location further seaward than one-half of the length of the fishing pier as measured from the baseline." The percentage that we could not collectively remember is 359%, This means that amenity structures, excluding those listed above, constructed on the pier cannot take up more than 35% of the pier footprint and they cannot be constructed more than half-way out on the pier from the Baseline to the terminal end over the ocean. Something to just keep in mind. Currently, the pier has a footprint consisting of approximately 19,175 square feet within the OCRM beachfront jurisdiction. 35% of that area would be 6,711 square feet. The existing Pier Outfitters store and Surf Diner comprise 1,911 square feet and 2,233 square feet, respectively, for a total of 4,144 square feet. Again these square footages are approximates based on measurements from aerial photos in Google Earth. Regards, Chris Christopher M. Stout Wetland Section Project Manager South Carolina Department of Health and Environmental Control 927 Shine Avenue Myrtle Beach, SC 29577 P: 843-238-4528/ F: 843-238-4526 stoutem @dhec.sc.govSOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ‘OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT CRITICAL AREA PERMIT & COASTAL ZONE CONSISTENCY CERTIFICATION Pexmittee(s): ‘Surfside Beach Town Of . ee io omems | SEE SPECIAL cate rinse CONDITIONS) ‘Expinition Date: February 19, 2015 Locati¢ ‘On and adjacent to Atlantic Ocean at ‘Surfside Dr & Ocean Blvd, Surfside Beach, Horry County, South Carolina ‘This permit is issueil under the provisions of S. C. Code Ans, Section 48-29-10, et seq. and 254, S& Gate aun: Regs. 36-1 through 30-18 (Supp. 2005). Pleas carefully read the project description and any Special conditions tt may appear on tis pesmitfeetifiction a they will affect the work a it allowed. Faia convo special conditions, then the work is suthorized as described in the project description and ae tified by the general conditions. The general conditions are also pat ofthis penitcertifienion ae anatld be readin their eniely. ‘The S. C. Contractor's Licensing Act of 1999, enacted as 8.C. Code aaa motion a0’ 1-5 through 430, requires that all constuction with a toal cost of $5,000 or more be ‘performed by a licénsed contractor with a valid contractor’ license for marine class ‘construction, except aeeroreacton performed by a private landowner for strictly private purposes. Your signature on anit enoptanee of this permit denotes your understanding of the stated law regnrding use of licensed aero “Ail ised spectal and general conditions wil remain in effect for the life of the project if ink commences duting the life of the permit. ‘This applies to permittee, future property ownersy ‘or permit assignees. DESCRIPTION OF THE PROJECT, AS AUTHORIZED “the work as authorizéd and shown on the attached plans consists of expanding the existing terminal end of the pies, Specifically the applicant seeks to expand the terminal End of the pier by adding a 5x 87 addition to both the northern and southern sides. ‘The Spplicant tlso request to add stairs and handrails to convert an existing covered area into ePPbecrvation deck. ‘The purpose of the authorized activities are increase public access and to provide storage for public use. SPECIAL CONDITIONS 4. Provided that the enclosure is removed as itis a non-water dependent feature and would be located over the active beach, which is prohibited under current ‘OCRM Critical Area Permitting Regulations. 2. Provided that an as-built survey of the dock must be submitted to the Department Zot L ‘within 90 days of the expiration date of the final construction placard. The smvey Just be performed by a registered land surveyor, must show all components of the Tock, and must list the starting and ending coordinates of the dock walkway in the RECEIVED FEB 24 2010 BHEC-OCRMSEE SPECIA SC State Plane Coordinate System, which can be obtained CONBFION i) Positioning System equipment. 4, Provided that in the event that archacological or paleontological remains 2% found Gazing the course of work, the applicant should notify the South Carona “ostitute of | sree ology and Anthropology (Mr. Tames Spek at 803-777-8170) porswant aa Oe a Underwater Antiquities Act of 1991, (Article 5 Chapler 7, Tile 54, Sere Faw of South Carolina, 1976) Archaeological remains consist of any cote ot avi or altered by man, which remain from past historic or prehistorie {ines (iy older than 50 years). Examples include old pottery fragments, metal, vores Mrowheads, stone implements or tools, Inuman tusials, histor docks wo eer wienregent vessel resins. Paleontological remains consist of old sett somains, orginal or fossilized, such a teeth tusks, bone, or entire skeletons. PERMITTEE’S ATTENTION 1S DIRECTED TO GENERAL CONDITIONS NUMBERS POUR (4) AND FIVE ().. BY ACCEPTANCE OF THIS PERMIT, PERMITTEE IS PLACED ON ROTICS THAT THE STATE OF SOUTH CAROLINA, BY ISSUING THOS PERMIT, DOBS NOT WAIVE ITS RIGHTS TO REQUIRE PAYMENT OF A REASONABLE FRE FOR USE OF STATE LANDS AT A FUTURE DATE IF SO DIRECTED BY STATUTE. ‘THB PERMETER, BY ACCEPTANCE OF THIS PERMIT AGREES TO ABIDE BY THE TERMS AAD CONDITIONS CONTAINED HERBIN AND TO PERFORM 7% WORK IN STRICT ‘ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ‘ATTACHED HERETO AND MADE A BAR HEREOF. ANY DEVIATION FROM THESE CONDITIONS, ‘TERMS, PLANS AND SeECIFICATIONS: SHALL BE GROUNDS FOR REVOCATION: SUSPENSION OR MODIFICATION OF THIS PERMIT AND THE INSTITUTION OF SUCH ‘LEGAL PROCEEDINGS ‘AS THE DEPARTMENT MAY CONSIDER APPROPRIATE. it Number: OCRM-09-538-S. Permit Your signature below, a8 ates that you accept and agree to IVEPD yon ee fis pennl a FEB 24 2010 DHEC- » le zos6. BReS een (PBRMITTEE(S)) (ATE) "Lown Of Surfside Beach ‘is permit res effect when the State official, desi mated to act for the ‘Ocean and ‘Coastal Resource Manas ‘has signed below, (fubhe GP — ALY AO (WETLAND SECTION PROJECT MANAGER) (DATE) Christopher Stout Or his Designee Other Authorized State Official( ( GENERAL CONDITIONS: Sisk: Qs SEE SPECIA! ONS) "This construction and use permit is expressly contingent upon the following oe ONE ‘ont 1. ‘That the permittee, in iocepting this permit covenants and agrees to comply with ‘onditons berein end nssumes all esponsibility and lability and agrees 4 save OCRM and the State of South, ceeatia its employocs or representatives, harmless from al claims of damage arising out of opetatons conducted porsuont to this pert. 2, Phun if tho activity auorized here is not constracted or competed within five yeas of the date of issuance, this emt shallaulomalizally expire A eet, in writing for anextecsion of time sal be made-ot les than thirty dys prior to the expiration dae, +3, “Thar alleuthotized work shall be conducted ina manner that minimizes any adverse impact om fish, wildlife and water 44, That tis pemit does nt slieve the permittee from the requirements of obtaining a permit from tho U. . Army Cores af Bnginvers or any other applicable federal agency, nor fom the necesity of complying with al applicable fecal laws, crdiresces, and soning regulations. This permnitis granted subject to the rights ofthe State of South Carolina in the Stvigable wetore and shal be subject, further, o all rights held by the State of South Carolina under che public trast doctrine as well a3 any oti fight the State may have in tho waters and submerged! lands of the coast. 5. That this permit does not convey, expreselyor impliedly, any property rights in real estate or material nor ny, ‘relusive privileges; aor docs if euthorze the permite to alienate, dinish infringe upon or otherwise restict the Jroperty right of any ther person oho public; aor sal this pent be interpreted as appropriating public properties for private use. 6. That the permiltee shall permit OCRM ofits authorized gens or represcniatives to make periodic inspections at any Tne deesned necessary in order to ensure thatthe activity being performed i in accordance with the terms ancl ‘conditions ofthis permit. +7, That any abandonmedt of tie permitted activity wil require restoration of the area to satisfactory condition as determined by OCRM. ‘That this permit may not be transfered to third party without prior writen notice to OCRM, either by the ransfere<’s ‘Futten agreement fo comply with all etms and conditions of this permit or by the transferee subscribing to this permit and thereby agreeing to comply. ‘9, ‘That ifthe display of lights and signals on any structure or work authorized herein is not otherwise provided fox by Law, ara lights ant special signal as may be prescribed bythe United States Coast Guatd shal be installed end maintained by and atthe expense of the pexmites. 10. ‘That the permilconsruction placard ora copy of the placard shall be posted ina conspiewoos place atthe project site daring the entite period of work. 11, That ie structure or work authorized herein shell bo in accordance with the plans dnd drawing attached hereto, and ‘Ball be snaintained in good condition. Failure to build in accordance with tho plans andl drawings attached hereto, or failure to maintain the structure in good conditioa, shall result in the revocation ofthis permit 12. ‘That the authorization for activities or structures herein constitutes a revocable Ticense. OCRM may require the parle to modify etvities or remove sutures authorized herein itis determined by OCRM tht sch setvity oF Potures violates the public's health, safety, or welfare, or if any activity is inconsistent with the publi trust docteine, artiication or removal under this condition shall be ordered only after reasonable notice stating the reasons therefore na provision tothe permtes of the opportnity to respond in writing, When the Permit i notified that OCRM jnters to revoke the permit, Permittee agrees to immediately stop work pending resolution of the revocation. 13, ‘That OCRM shal have the right to revoke, suspend, or modify this permit in the event i is determined the permitted ‘Zeusture (1 signifieany impacts the public health, safety and welfare, andor is violation of Section 48-39-150, (2) auversclyiinpacts public rights, (3) that the information and data which the pernittee oF aay her agencies aye Provided in connestén withthe permit application is ether fale, incomplete or inaccurate, or (4) tat th neiviy er iiveomnpliance with the drawings submited by the applicant. That dhe permittee, upon receipt of OCRM’s writen jntent to revoke, suspend, or modify the permit bas the right to a hearing, Prior to revocation, stspension, or eeiifiction ofthis permit, OCRM shall provide written notification of intent to revoke to the permite, and permittee aasvecpond with a ween explanation to OCRM. (Sonth Carolina Code Section 1-023-370 shall govern the procedure for revocation, suspension or modification herein described). 14, ‘That any modification, suspension of revocation of this permit shall not be the basis of sny claim for damages seainst ‘OCRM or the State of South Carolina or any employee, agent, or representative of OCRM or the Stat of South Carolina 415, ‘Tho all activities authorized herein shal, if they involve a discharge or deposit into navigable waters or Ocean Waters, Feat all Gaes consistent with all applicable water quality standards, effluent limitations and standards of performance, prokibitions, and pretreatment standards established pursuant to applicable federal, stato and loca lov, 16, Mat extreme care shal be exercised fo prevent any adverse or undesirable effects from this work on the property oF ‘thers This permit authorizes no invasion of adjacent private property, and OCRM assumes no responsibility OF Tabilty from any claims of damage eising out of any operations conducted by the permittee pursuant 10 this permit: WLIS LOBTORA ual ‘NUS Q ¥, e Hee HSV Sn S| VAIS a) Fis P UgPesan tareoarmcxwanrcasamoncon | we —S. aa Wy Wy, My es f fe amy _ a g La i a 1 S SS V2 ye Mi hN tt FTO MLW. [nena oro Fronte = EART! KS pcossises te) setan oa geneft PROPOSED 1"X6t BREAK AWAY E BOARDS. TOBEACH ‘ # See Sital Cnbhion #1 TOOCEAN BLVD CONSTRUCTION NOT FOR [= PROPOSED UNDER PIER ENCLOSURE PROFILE exert 0 S389 ye earD. Cc Ginter Commisoner Promoting rotting bl f epublica teen vironmeenk Notice of Appeal Procedure ‘The following procedures are in effect beginning July 1, 2006, pursuant to 2006 Act No. 387: L 1 ‘This decision of the S.C. Department of Health and Environmental Control (Department) becomes the final agency decision 15 days after notice of the decision has been mailed to the applicant or respondent, unless a writen request for final review is filed with the Department by the applicant, pecmittee, licensee, or affected person. ‘An applicant, permitte licensee, or affected person who wishes to appeal this decision must file ‘a waitton réquest for final review with the Clerk of the Board at the following address or by facsimile at 803-898-3393. Clerk of the Board SCDHEC +2600 Bull Street Cofumbia, SC 29201 ‘The request for final review should include the following: ‘a. the grounds on which the Department's decision is challenged and the specific changes sought in the decision '. a statement of any significant issues or factors the Board should consider in deciding how to handle the matter ©. a copy of the Department's decision or action under review In order to be timely, a request for final reviow must be received by the Clerk of the Board within 15 days after notice of the decision has been mailed to the applicant or respondent. If the 15th day occuts‘on a weekend or State holiday, the request is due to be received by the Clerk of the ‘Board on the next working day, ‘The request for final review must be received by the Clerk of the Board by 5:00 p.m. on the date itis due, I€-a timely request for final review is filed with the Clerk of the Board, the Clerk will provide additional information regarding procedures. “The Boned of Health and Environmental Control has 60 days from the date of receipt of a request for final review to conduct a final review conference. ‘The conference may be conducted by the Board, its designee, ot a commitice of three members of the Board appointed by the chair. If a final review conference is not conducted within 60 days, the Department decision becomes the final agency decision, and a party may request a contested case hearing before the ‘Administrative Law Court within 30 days after the deadline for the final review conference, ‘The above information is provided as a courtesy; patties are responsible for complying with all applicable legal requirements. UTE ROLINA DEPARTMENT OF HEAL ND ENVIRONMENTAL CONT ‘Goean and Coastal Resource Management Chatleston Office - 1362 MeMillan Avenve, Suite 400 - Charleston, SC 29405 ‘Phan: 843.953.0200 + Fax: 843-953-0201 + wwwscdhee. govSCDHEC- Office of Ocean aud ~~ CONSTRUCTION AUTHORIZATION Coastal Resource Management Permittee! Expiration Property Ownér: Town Of Surfside Bench Date: February 19, 2015 Address of Permittee! 115 Hwy 17N. Permit Property Owner: Surfside Beach, SC 29575 Number: OCRM-09.538-S Contractor’s Name: Date (ifmone provided, then property Issued: January 30, 2013 ‘owner name) Location: Surfside Dr & Ocean Blvd Contractor's License #: ‘Authorized Work: To expand the terminal end of the er by adding a 5"x 87 addition to both the northern aera ee fd southem sides, and todd stsis and lnndrail to convert an existing covered area into an observation COS es fude Wendi deck, Also to construct a 6” x 132’ wooden ramp with Jandings for ramp access and 1014 square feet of handicapped parking, Also authorized is a wooden pier 34” adjacent to the existing pior Christopher Stout January 30, 2013 >This Notice Must Be Conspicuously Displayed at the Work Site <July 22,2016 ATTN: Town of Surfside Beach FROM: Atlantic Restaurant Group Dba The Surf Diner REF: Option to Extend This letter is to notify you that we are exercising our second option to extend our lease agreement made January 16, 2012, page 1, paragraph 2 (Term). Respectfully, Bill Howard pies bee bt“ oth