Town Council

h Town of Summerville Council Meeting Council Chambers – 200 South Main Street, Summerville Thursday, October 8, 2020 - 6:00 p.m. AGENDA 1. Call to Order 2. Invocation and Pledge of Allegiance - Councilman Bob Jackson 3. Proclamation Presentation – Small Business Saturday 4. Approval of Minutes of Previous Meetings a. Town Council Meeting – September 10, 2020 b. Special Called Council Meeting – September 24, 2020 c. Special Called Council Meeting – September 28, 2020 d. Standing Committee Meetings – October 5, 2020 5. Public Comment – For items on the October 8, 2020 Town Council meeting agenda only Those wishing to speak must sign up on the third floor prior to entering Council Chambers. Due to limited seating, public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, October 8, 2020. 6. Petitions a. Request to rezone TMS# 130-00-00-008, located on N. Maple St., approximately 20.86 acres, and owned by Rosemary S. Harper Ward Trust from AC, Agricultural Conservation, to N-MX, Neighborhood Mixed-Use. (Council District 1) Planning Commission held a public hearing and made a recommendation for approval at their meeting on September 21, 2020. Planning and Development Committee voted unanimously to move the item to full Council with a recommendation for approval. 7. Pending Bills and Resolutions: a. Second and final reading of an ordinance to annex Berkeley County TMS# 232-00-02- 179 and Dorchester County TMS# 138-00-00-036 (approximately 4.70 acres total) located on Berlin G. Myers Pkwy.; currently zoned GC, General Commercial, in Berkeley County and CG, General Commercial, in Dorchester County, and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Town Council Agenda – October 8, 2020 b. Second and final reading of an ordinance to adopt the Comprehensive Plan Update, “Summerville: Our Town, Our Future.” c. Second and final reading of amendments to the Summerville Unified Development Ordinance, Chapter 8, Section 8.7.4, Maintenance. 8. Introduction of Bills and Resolutions: a. First reading of an ordinance to amend the Town of Summerville’s Code of Ordinances – Chapter 2 – Administration, Article II – Mayor and Council, Division 2 – Mayor, Section 2-62 – Direction of Executive Officers, Section 2-63 – Authority to set meeting agenda. b. First reading of an ordinance to amend the Town of Summerville’s Code of Ordinances Chapter 2 – Administration, Article IV – Officers and Employees, Division 2 – Town Administrator, Section 2-211 – Appointment, Section 2-213 – Supervision, Section 2-214, General duties, responsibilities, and delegation of authority, and Section 2-215 – Authority. c. First reading of an ordinance to amend the Summerville Unified Development Ordinance, Chapter 3, Section 3.4.8.A Drive-Thru/Drive-In Facility (UC- MX).Planning Commission held a public hearing and made a recommendation for approval at their meeting on September 21, 2020. Planning and Development Committee voted unanimously to move this item to full Council with a recommendation for approval. 9. Miscellaneous a. Consideration of a lease for 100 W. Richardson Avenue, Suite D. b. Consideration of Emergency Ordinance regarding electronic meetings for Council, committees, boards, and commissions. c. Consideration of South Laurel Street takeover from West Carolina to Central Avenue 10. Public Comment Those wishing to speak must sign up on the third floor prior to entering Council Chambers. Due to limited seating, public comments can be sent to publiccomments@summervillesc.gov before 4:30pm on Thursday, October 8, 2020. 11. Executive Session: Legal and Contractual Matters a. Legal matter regarding economic development project “Minshara” b. Legal matter regarding a proposed tax increment financing district c. Contractual matter regarding arrangement for downtown development services - DREAM d. Legal matter regarding Oolong Lane 12. Other Business a. Action to be taken by Council related to Executive Session 13. Adjourn  PLANNING AND DEVELOPMENT COMMITTEE REPORT for October 5, 2020 5:30 PM Town Council Chambers The Planning and Development Committee of Town Council met on October 5, 2020 immediately following the Parks and Recreation Committee Meeting at 5:30 PM. The meeting was in Town Council Chambers. Committee members present included Bill McIntosh, Council District 4, Bob Jackson, Council District 6, and Terry Jenkins, Council District 2. Staff members present included Rebecca Vance, AICP, Town Administrator; and other Town staff. The meeting was called to order at 5:45 PM by Mr. McIntosh. Rezoning: Mr. McIntosh introduced the request to rezone TMS# 130-00-00-008, located on N. Maple St., approximately 20.86 acres, and owned by Rosemary S. Harper Ward Trust from AC, Agricultural Conservation, to N-MX, Neighborhood Mixed-Use. (Council District 1). Ms. Vance stated that the Planning Commission held a public hearing and made a recommendation for approval at their meeting on September 21, 2020. Mr. McIntosh stated that it was his understanding that this property was previously brought into Town when the N. Maple Street project was first proposed with the understanding that it would eventually be rezoned once the road was built. Ms. Vance confirmed this, and explained that this property was proposed to be developed in conjunction with the Salisbury tract. The N-MX zoning would allow the developer to expand the commercial portion of that area. Mr. Jackson made a motion to forward this to full Council with a recommendation of approval, and Mr. Jenkins made the second. Mr. McIntosh called for the vote, and the motion passed unanimously. UDO Amendment: Ms. Vance introduced the last item on the agenda for the proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.4.8.A Drive-Thru/Drive-In Facility (UC-MX). She stated that Planning Commission held a public hearing and made a recommendation for approval at their meeting on September 21, 2020. She noted that this amendment was to address drive-thrus on corner lots, as this was not anticipated when the UDO was adopted. Mr. Brown asked if this amendment would only apply to fast food drive thrus, and Ms. Vance stated that it would apply to any drive-thru or drive-in facility. Mr. Jackson made a motion to recommend approval to full Council, and Mr. Jenkins made the second. Mr. McIntosh called for the vote, and the motion passed unanimously. Following no additional business or discussion, the meeting was adjourned at 5:51 PM on a motion by Mr. Jackson, and a second by Mr. Jenkins. Respectfully submitted, Jessi Shuler, AICP October 6, 2020 Director of Planning  COMMERCIAL LEASE AND DEPOSIT RECEIPT TENANT: JOHNSON & WILSON REAL ESTATE TERM: FIVE (5) YEARS, FIVE (5) MONTHS COMPANY, LLC DATE SIGNED: INITIAL MONTHLY RENT: $1,400.00 + $176.52 CAM EFFECTIVE DATE: OCTOBER 1, 2020 EXPIRATION DATE: FEBRUARY 28, 2026 RECEIVED FROM JOHNSON & WILSON REAL ESTATE COMPANY, LLC, hereinafter referred to as Tenant, the sum of THREE THOUSAND ONE HUNDRED FIFTY THREE and 04/100 DOLLARS ($3,153.04), evidenced by check, as rent which, shall be applied as follows: RECEIVED PAYABLE PRIOR OCCUPANCY Rent for the period from 3/1/21 - 3/31/21 $ 1,576.52 $___________________________ Last month's rental........................................ $ $ Security deposit............................................. $ 1,576.52 $___________________________ Key deposit.................................................. $ $ Cleaning charge............................................. $ $ Other……..................................................... $ $ TOTAL........................................................ $ 3,153.04 $___________________________ STATE OF SOUTH CAROLINA, COUNTY OF DORCHESTER THIS COMMERCIAL LEASE AND DEPOSIT RECEIPT (hereinafter referred to as the “Lease”) entered into this _____Day of September 2020, between JOHNSON & WILSON REAL ESTATE COMPANY, LLC, hereinafter referred to as Tenant, and THE TOWN OF SUMMERVILLE, hereinafter referred to as Landlord. WITNESSETH: 1. PREMISES. That Landlord, in consideration of rents, covenants and conditions mentioned herein, to be paid, kept, performed and observed by Tenant does hereby demise, lease and let unto Tenant, and Tenant does hereby lease from Landlord the premises known as: 100 W. Richardson Avenue, Suite D Summerville, SC 29483 Being a suite containing approximately 900 square feet within a multi-tenant building (hereinafter referred to as the “Leased Premises”). If there is any dispute, past, present or future, over the square footage of the Leased Premises, the monthly rent shall control. 2. TERM. To have and to hold said Leased Premises for the term of Five (5) Years, Five (5) Months, beginning October 1, 2020 and ending February 28, 2026 (hereinafter referred to as the “Lease Term”). Provided that Tenant is not in default under any of the terms and conditions of this lease, including payment, Tenant may have One (1), Three (3) Year option to lease the subject property. However, Tenant must give Landlord and/or Landlord’s Agent written notice of its intent to exercise said options at least sixty (60) days prior to the end of the original lease term or the first option period, whichever applies. Rent for the option periods shall increase by 1.5% per annum. Should Tenant miss the deadline for exercising its option to renew or choose not to exercise any of its options, then the lease shall become a month-to-month lease upon the expiration of the lease term, or any prior renewals thereof. If Tenant fails to exercise any of its options and the lease calls for a rent increase during any option period, then the rent increase(s) set forth in the option period(s) shall automatically take effect; however, the lease will still be on a month-to-month basis. 3. RENT. Tenant shall pay to the Landlord, a Monthly Base Rental and Additional Rent as follows: (A) MONTHLY BASE RENTAL. Tenant shall pay a Monthly Base Rental to Landlord for each calendar month during the term of this Lease or any renewal thereof, in advance on or before the first day of each succeeding month. The amount of the Monthly Base Rental for the initial of this Lease shall be ONE THOUSAND FOUR HUNDRED and 00/100 DOLLARS ($1,400.00). The Monthly Base Rental for the first month of the term of this Lease shall be paid at the date of the execution hereof. If the Effective Date of this Lease be other than the first day of the calendar month, such first rental payment shall be prorated for the period between the Effective Date of this Lease and the first day of the following month. Monthly Base Rental shall increase as follows: Year 1, October 1, 2020 – February 28, 2021, Monthly Base Rental shall be abated Year 1, March 1, 2021 – February 28, 2022, Monthly Base Rental shall be $1,400.00 Year 2, March 1, 2022 – February 28, 2023, Monthly Base Rental shall be $1,421.00 Year 3, March 1, 2023 – February 29, 2024, Monthly Base Rental shall be $1,442.32 Year 4, March 1, 2024 – February 28, 2025, Monthly Base Rental shall be $1,463.95 Year 5, March 1, 2025 – February 28, 2026, Monthly Base Rental shall be $1,485.91 In addition to the monthly base rent, Tenant shall pay to Landlord with the rent on the first day of each month, a CAM fee of $176.52 per month. This CAM fee will be used toward insurance, and common area maintenance for the subject property. The CAM fee will be reviewed annually and adjusted according to the actual insurance bills and cost of common area maintenance. Tenant will be billed annually for any underpayment of the CAM fee. However, Landlord’s failure to provide such CAM cost statement by January 31 of each year shall in no way excuse Tenant from its obligation to pay its pro rata share of CAM costs or constitute a waiver of Landlord’s right to bill and collect such pro rata share of CAM costs from Tenant in accordance with this clause. Tenant agrees to pay any bills received from Landlord within twenty days of the billing date. Additionally, should Tenant overpay the CAM charges, Landlord will reimburse any amounts due to Tenant. Landlord reserves the right to adjust the CAM fee as needed so that the Tenant does not have a large deficit at the end of the year. (B) ADDITIONAL CHARGES. Any charges due Landlord by Tenant, including but not limited to damage to premises, legal fees, cost of default by remedies, and past due charges for utilities, insurance, cleaning, maintenance and repairs, etcetera or for work done on the Leased Premises by order of Tenant, shall be considered as Additional Rent due (in addition to all other rent payable) and shall be included in any lien for rent. In the event any documentary stamp tax, or tax levied on rental or leasing of the Leased Premises is required, the cost shall be paid by the Tenant upon demand. The cost of a credit report on the Tenant, which may be requested at the Landlord's option, shall be paid by the Tenant. (C) APPLICATION OF PAYMENTS. Payments under the Lease shall be applied to Tenant’s account in the following manner: first to satisfy unpaid late charges, dishonored check service charges, legal fees, and other fees owed by Tenant; second to maintenance and repair costs chargeable to Tenant; third to outstanding utility bills that are Tenant’s responsibility; fourth to deposits or portions thereof due from Tenant; and fifth to rent. (D) PAYMENT OF RENTALS. The obligations of the Tenant to make the payments required in this Lease, and to perform and observe other agreements on its part contained herein shall be absolute and  unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Landlord. Any monies paid or expenses incurred by Landlord to correct violations of any of the Tenant’s obligations in this Lease becomes due with the next installment of Monthly Base Rental due after receipt of such additional rental notice from Landlord. 4. SECURITY DEPOSIT. Any Security Deposit required by Landlord and paid by Tenant shall be retained as security (interest free) for the faithful performance by Tenant of all terms, covenants, and conditions herein. Landlord may at any time apply said deposit or any part thereof against default by Tenant of any of the terms, covenants and conditions of this Lease. In such event, Tenant shall upon demand deposit with Landlord the amount so applied so that Landlord shall have the full amount of the deposit on hand at all times during the terms of this Lease. If Tenant is in default under the terms of this Lease more than three (3) times within any twelve (12) month period, irrespective of whether or not such default is cured, then, without limiting Landlord’s other rights and remedies provided for in this Lease or at law or equity, the Security Deposit shall automatically be increased by an amount equal to two months’ Monthly Base Rental at the rental rate at the time of the third default. Said additional Security Deposit shall be held by Landlord or its Agent until the Tenant has vacated the Leased Premises. Said additional Security Deposit may be used to cure any default by Tenant or for repairs to the Leased Premises upon Tenant’s vacating of the Leased Premises. Upon the expiration of this Lease the Tenant shall surrender possession of the Leased Premises as required in paragraph 24 herein. Landlord is given permission to deduct from said Security Deposit the cost of any unusual cleaning or repairs to the Leased Premises upon vacating of Tenant. The Security Deposit is not a part of the rental and subsequently cannot be deducted from the rent due for the last month of this tenancy. The Security Deposit or any remaining portion will be returned within 60 days after the termination of this tenancy or completion of the repairs necessitated by Tenant's misuse of the Leased Premises. In the event the Security Deposit is not sufficient to pay all charges due, Tenant shall pay said charges within three days after receiving written notice from the Landlord or the Agent. 5. TENANT'S UTILITIES. Tenant shall pay all charges for use of electric, water and sewer, cable/internet services, janitorial and pest control services to the Leased Premises, as well as all costs of scavenger services. 6. USE OF PREMISES. Tenant agrees to use the entire Leased Premises for a boutique real estate office and specialty treat shop, and for no other purposes. Pets, animals, or birds may not be kept on the Leased Premises without the Landlord's written permission. The Leased Premises may not be used for sleeping quarters or apartments, for games of chance or any form of gambling, immoral conduct or any other illegal activity. This shall include any and all of the following but shall not be limited to the same: adult arcade, adult book store or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, sexual encounter center and introductory service. 7. EXAMINATION OF PREMISES. Tenant has examined the Leased Premises and is familiar with its present condition. Tenant, relying solely on said examination, agrees to accept the Leased Premises in its present condition except for specific items listed herein or itemized on attached check-in list which must be signed by both Landlord and Tenant. 8. DELAY OF POSSESSION. If Landlord is unable to deliver possession of Leased Premises on the Effective Date of this Lease, by reason of the holding over of a prior tenant or for any other reason, this Lease shall not be affected or impaired in any way and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. The Effective Date of this Lease, however, shall not begin until the delivery of possession. 9. TENANT'S PARKING. The parking lot is not an extension of the Leased Premises being leased herein by Tenant, except for the parking of vehicles owned or operated by Tenant, Tenant's employees, or guests. Tenant shall not conduct any portion of its business in the parking lot, including storage of vehicles or other items. Parking is hereby limited, restricted or prohibited, as follows: None. Public street and garage parking. 10. LIABILITY INSURANCE. Tenant shall not carry any stock of goods or do anything in or about the Leased Premises which will in any way restrict or invalidate any insurance coverage of the Leased Premises. Tenant agrees to pay upon demand as Additional Rent any increase in premiums of insurance carried by the Landlord on the Leased Premises resulting from the Tenant's use or occupancy. Tenant shall keep in full force and effect, at Tenant's expense, insurance for plate glass, personal property, trade fixtures, and property damages, as well as a public/general liability policy in which both Tenant and Landlord shall be named as the insured with the following minimum coverage: $1,000,000.00. If for any reason Tenant’s general liability insurance policy is cancelled and another policy is not obtained by Tenant and proof thereof provided to Landlord and/or Landlord’s Agent, Landlord has the right to procure a general liability insurance policy in Tenant’s name in the amount required by Landlord and shall bill Tenant for the cost of same. Tenant shall reimburse Landlord the cost of said liability insurance policy within fifteen (15) days of the billing date for said premium. TENANT MAY NOT HAVE OCCUPANCY AND POSSESSION OF THE LEASED PREMISES UNTIL THE REQUIRED PROOF OF LIABILITY INSURANCE HAS BEEN PROVIDED TO LANDLORD IN PROPER FORM. 11. MAINTENANCE AND REPAIRS. Landlord shall repair and maintain only the foundation, roof, outer walls and structural members of the Leased Premises. Tenant shall, at Tenant's sole expense, make all of the repairs necessary to maintain the Leased Premises, both interior and exterior, ordinary and extraordinary, including window glass, plate glass, storefronts, doors, windows, screens, awnings, locks, keys, lights, ballasts, weather stripping and thresholds, as well as all interior walls, floors, ceilings, and floor coverings. Tenant shall be responsible for all types of pest control. Tenant's responsibility to maintain the Leased Premises shall also include the servicing, repair, maintenance of the plumbing, electrical, ventilating, heating and air conditioning systems, including all pipes, wiring, fixtures, filters, equipment, machinery, furnaces, compressors and appliances. If replacement is deemed necessary due to Tenant's (or Tenant’s guests, invitees or employees) neglect, then Tenant shall be responsible for the replacement of the plumbing, electrical, ventilating, heating and air conditioning systems, including all pipes, wiring, fixtures, filters, equipment, machinery, boilers, furnaces, compressors and appliances. Tenant shall also repair and be responsible for any damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines, or fixtures. If any part of the Leased Premises is damaged by the Tenant, or Tenant's employees, agents or invitees or by any breakage and entering of said Leased Premises, or by any attempt to break and enter the Leased Premises, Tenant shall provide Landlord with immediate written notification of all damages to the Leased Premises. After notification and approval of the Landlord, repairs shall be made promptly at Tenant's expense so as to restore said Leased Premises to its previous condition. If Tenant refuses or neglects to commence necessary repairs within 10 days after written demand, or does not complete such repairs within a reasonable time thereafter, Landlord may make said repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business or fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant's failure to pay shall constitute a default of this Lease. Repairs that are the Landlord's responsibility shall be made within a reasonable time after written notice from the Tenant. Tenant's failure to give or unreasonable delay in giving notice of needed repairs or defects shall make Tenant liable for any loss or damage resulting from delay of needed repairs. Tenant agrees to enter into a biannual maintenance contract with a reputable, licensed HVAC contractor for regular servicing of the HVAC systems. Tenant agrees to change all HVAC filters quarterly. Tenant shall supply Landlord with a copy of the maintenance/service agreement at commencement and at any renewals thereof. If HVAC replacement is deemed necessary, and replacement is not deemed necessary due to Tenant's (or Tenant’s guests, invitees or employees) neglect, then Landlord shall be responsible for the replacement of the HVAC. Landlord and/or Landlord's Agent(s) shall be held harmless for any reconfiguration of space in the Leased Premises (relocation or removal of walls, etc.) which would cause the HVAC system to not efficiently heat or cool the Leased Premises. Any redirecting of ductwork, vents, etc. in order to cause the HVAC to more efficiently heat or cool the Leased Premises shall be done at the expense of the Tenant. 12. REGULATIONS AND SANITATION. Tenant shall keep the Leased Premises clean, safe, sanitary and in compliance with laws, ordinances and requirements of any legally constituted public authority. Tenant shall keep broom clean all areas in and around Leased Premises that are not included in common area maintenance, such as front sidewalks and area behind building. Cleaning includes removing of any trash or refuse deposited on the Leased Premises or adjacent public area by Tenant, Tenant's customers, or anyone else. In the event of non- compliance by Tenant, Landlord shall have the right to have said areas cleaned, trash and refuse removed and charge the expense to Tenant as Additional Rent which shall be due and payable upon demand, and nonpayment of which shall constitute default of the Lease. If Landlord determines it is necessary, Tenant shall employ a reputable pest extermination company at regular intervals at Tenant’s expense. 13. ALTERATIONS. Tenant shall make no alterations, additions, improvements, or rewiring in or to the Leased Premises without the prior written consent of the Landlord. All additions, or improvements to the Leased Premises including carpeting, tile, other floor covering, wall covering, ceiling tile, etcetera, made with or without the Landlord's written consent shall become part of the Leased Premises, and the property of the Landlord upon installation. Trade fixtures and office furniture shall be installed so as to be readily removable without injury to the Leased Premises and any injury caused by said removal shall be repaired forthwith at Tenant's expense. Said trade fixtures shall be removed from the Leased Premises before the end of the Lease Term, or Renewal Term, if any, or shall become part of the Leased Premises and the property of the Landlord. Tenant shall not install or maintain any equipment, partitions, furniture, etcetera, which the weight or operation thereof would tend to injure or be detrimental to the Leased Premises or would unreasonably annoy or disturb other tenants. 14. ASSIGNMENT OR SUBLEASE. Tenant shall not, without prior written consent of the Landlord, in each case, assign, transfer, mortgage, pledge or otherwise encumber or dispose of this Lease, or sublet the Leased Premises or any part thereof, or permit the Leased Premises to be occupied by other persons. Such consent shall not be unreasonably withheld. If this Lease be assigned, or if the Leased Premises or any part thereof be sublet or occupied by any other person, firm, office or corporation with or without written permission of Landlord, it will not relieve the Tenant of any obligations under the terms of this Lease, and if sublet, assigned or occupied without the Landlord's permission, this Lease may, at the option of the Landlord, be terminated seven (7) days after Landlord gives Tenant written notice. In the event Tenant shall sublease the Leased Premises in accordance herewith for rentals in excess of those rentals payable hereunder, Tenant shall pay to Landlord monthly in advance as Additional Rent hereunder, one half of all such excess rent. Any proposed assignee that proposes to assume Tenant's obligations hereunder shall execute an assumption agreement satisfactory to Landlord before consent shall be given. 15. SIGNS OR AWNINGS. Tenant shall place no signs, notices, pictures, or advertising matter upon the exterior of the Leased Premises except with the prior written consent of the Landlord. Any and all signs placed on the Leased Premises by Tenant shall be maintained at Tenant's expense in compliance with rules and regulations governing such signs. The Tenant shall be responsible to Landlord for any damages by installation, use, maintenance or removal of said signs. Any electrical service needed for signs shall be installed at the Tenant's expense. Tenant shall remove all signage from windows and doors upon vacating the Leased Premises. Should Tenant use a sign panel on a monument sign or an installed sign, Tenant shall have the sign panel returned to a blank panel upon vacating the Leased Premises. 16. WAIVER OF RIGHTS. No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon Tenant's strict compliance with Tenant's obligations hereunder and no custom or practice of the parties of variance with the terms hereof shall constitute a waiver of the Landlord's right to demand exact compliance with the terms of this Lease at a future time. The rights and remedies of Landlord created by this Lease are cumulative and the use of one remedy shall not be taken to exclude the right to the use of another. 17. RULES AND REGULATIONS. Landlord reserves the right at any time to make further rules and regulations as in Landlord's judgement may be necessary for the safety, care, appearance, and cleanliness of the Leased Premises and the preservation of good order therein, and such other rules and regulations shall be binding upon the parties hereto with the same force and effect as if they had been contained herein at the time of execution hereof. 18. RIGHT OF ENTRY. Landlord without being liable for trespass or damages, shall have the right to enter the Leased Premises during reasonable hours to examine same or to make repairs, additions, or alterations as Landlord may deem necessary for the safety, comfort, appearance, or preservation thereof, or to exhibit said Leased Premises. Entry shall also be allowed to post "FOR RENT" notice, during the thirty days before the expiration of this Lease. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions which do not conform to this Lease. In accordance with this right, Tenant shall give Landlord a key to any and all locks, security systems and burglar alarms. Tenant shall not change or install new locks or security systems without the prior written consent of the Landlord. 19. LIENS. Tenant shall not create any liens of labor or materials against Landlord's interest in the Leased Premises. All persons contracting with the Tenant for the erection, installation, alteration, repair or demolition of any part of the Leased Premises, and all material suppliers, contractors, mechanics, and laborers are hereby charged with notice that they must look to the Tenant and to the Tenant's interests only in the Leased Premises to secure the payment of any bill for work done or material furnished during the Lease Term or any Renewal Term created by this Lease. In the event that liens are placed on record against the Leased Premises by contractors, mechanics, laborers, material suppliers, etcetera because of action by Tenant, it will constitute a default of this Lease. 20. DAMAGE OR DESTRUCTION OF PREMISES. If the Leased Premises are totally destroyed by fire or other casualty, this Lease shall terminate as of the date of such destruction and rental shall be accounted for as between Landlord and Tenant as of that date. If the Leased Premises are damaged but not wholly destroyed by fire or other casualty, rental shall abate in such proportion as use of the Leased Premises has been lost to the Tenant. Landlord shall restore the Leased Premises to substantially the same condition as prior to damage as speedily as practicable, whereupon full rental shall commence. 21. DAMAGE TO PERSONAL PROPERTY. All personal property, merchandise, fixtures and equipment placed or moved into the Leased Premises shall be at the risk of Tenant or the owners thereof, and Landlord shall not be liable for any damages, loss or theft of said personal property, merchandise, fixtures, or equipment, from any cause whatsoever. 22. CONDEMNATION. If the whole of the Leased Premises, or such portion thereof as will make said Leased Premises unusable for the purpose herein leased, be condemned by any legally constituted authority, this Lease shall terminate on the date when possession thereof is taken by public authorities, and rental shall be accounted for as between Landlord and Tenant as of that date. Such termination, however, shall be without prejudice to the rights of either Landlord or Tenant to recover from the public authority compensation for damage caused by condemnation. Neither the Tenant nor the Landlord shall have any rights in any award made to the other by any condemnation authority. In the event only such portion of the Leased Premises is acquired by condemnation as will leave the remaining premises, after alteration and repairs, in condition suitable for use by Tenant, the monthly rental payments from the day of such acquisition to the end of the original or any extended term of this Lease shall be reduced in proportion to the resulting loss of use of the Leased Premises by Tenant. In the event of such partial acquisition and reduction in rent, Landlord shall make promptly at Landlord's expense, all necessary alterations and repairs which shall be required, to restore the Leased Premises to a safe and usable condition. 23. INDEMNITY AND LIABILITY. The Tenant shall be solely responsible for and liable for any and all claims, damages, costs and expenses arising from the Tenant’s use and occupancy of the Leased Premises or arising as a result of the Tenant’s business conducted on the Leased Premises, whether directly or indirectly. The Tenant shall indemnify, defend, and hold harmless the Landlord from and against any and all losses, damages, demands, expenses, liabilities, claims, allegations, causes of action, prosecutions, lawsuits, matters of law or equity, debts or other obligations, including reasonable attorney’s fees, and including, without limitation, causes of action for negligence, breach of warranty, negligent misrepresentation, personal injury, property damage, and/or conversion arising on or about or regarding the Leased Premises at any time or times during the Lease Term, or any extension thereof. 24. REVERSION. Tenant shall surrender to Landlord at the end of the Lease Term, or Renewal Term, if any, of this Lease or upon cancellation of this Lease, said Leased Premises broom clean and in as good condition as the Leased Premises were at the beginning of the Lease Term of this Lease, ordinary wear and tear and damage by fire and windstorm or other acts of God excepted, or Tenant will pay Landlord all damages that Landlord may suffer because of Tenant's failure to do so. Tenant will indemnify and save Landlord harmless from and against all claims made by any succeeding tenant of the Leased Premises against Landlord because of delay in delivering possession of the Leased Premises, so far as such delay is occasioned by failure of Tenant to so surrender the Leased Premises. The Security Deposit may be withheld as payment or partial payment of repairs or unusual cleaning needed after Tenant vacates. 25. EFFECTIVE DATE OF LEASE. This Lease shall become effective as a binding agreement only upon the execution and delivery thereof by both Landlord and Tenant. If this Lease is signed by one party and submitted to the other party, then it shall constitute an offer to lease which is subject to revocation at any time prior to execution by the other party and delivery of a fully executed copy to the submitting party. 26. NOTICES. Tenant hereby appoints as Tenant's agent to receive service of all notices required under this Lease as well as all dispossessory distraint notices, the person in charge of the Leased Premises or occupying the Leased Premises, at the time notice is delivered. If no person is in charge, or occupying said Leased Premises, the service of such notice may be made by attaching the same in the main entrance to said Leased Premises. A copy of all notices under this Lease shall also be sent to Tenant's last known address, if different from said Leased Premises. 27. BANKRUPTCY. If Tenant shall be adjudicated bankrupt or as insolvent or take the benefit of any Federal reorganization or make a general assignment or take the benefit of any insolvent law, or if a Trustee in bankruptcy or a receiver be appointed or elected for Tenant, under Federal or State Law, this Lease at the option of the Landlord shall expire and end seven (7) days after Landlord gives Tenant written notice UNLESS the Tenant's Trustee immediately cures any default of Tenant hereunder and provides (in compliance with Federal and State laws) adequate assurance of future performance of Tenant's obligations hereunder. 28. BEYOND LANDLORD'S CONTROL. None of the acts, promises, covenants, or obligations on the part of the Tenant to be kept, performed or not performed as the case may be, nor the obligation of the Tenant to pay Monthly Base Rent, Additional Rent or other charges or payments shall be in any way waived, excused or affected by reason of the Landlord being unable at any time during the term of this Lease, to comply with the obligations on the part of the Landlord to be performed pursuant to this Lease, if the Landlord's inability or delay is caused by circumstances or events beyond the Landlord's control. 29. KEYS. Landlord shall provide Tenant with one key per lock, and the Tenant is responsible for accounting for all keys provided or duplicated and shall return all keys of the Leased Premises to the Landlord upon termination or cancellation of this Lease and/or Tenant's vacating the Leased Premises. Failure to return the keys to the Leased Premises within forty-eight (48) hours of vacating the Leased Premises shall result in a $10.00 per day charge for each day after the initial forty-eight (48) hours until the keys have been returned. Landlord shall have the right, if in the Landlord's sole judgment it is necessary, to require the Tenant at Tenant's expense to replace locks, and to supply Landlord with one key to the new locks. The Landlord shall retain a master key or pass key to the Leased Premises, including all security locks and systems. Tenant shall not change or install new locks or security systems without prior written approval from the Landlord. 30. ESTOPPEL CERTIFICATES. Tenant shall from time to time, within ten (10) days following written notice from the Landlord, execute, acknowledge and deliver to the Landlord a written statement certifying that this Lease is in full force and effect. This statement should also state whether or not the Landlord is in default in performance of any covenant or condition of this Lease. The failure of the Tenant to execute, acknowledge and deliver to the Landlord a statement in accordance with this covenant shall constitute an acknowledgment by the Tenant that this Lease is unmodified and in full force and effect, and shall constitute a waiver of any defaults of the Landlord which may have existed prior to the date of such notice. 31. PEACEFUL POSSESSION. Subject to the terms, covenants and conditions of this Lease, the Tenant shall have, hold, and enjoy possession of the Leased Premises, subject to the rights of the holders of any mortgage which now covers the Leased Premises or which may hereinafter be placed on the Leased Premises by Landlord. Tenant's rights are also subject to any underlying lease now or later covering the entire property of which the Leased Premises is part. Tenant shall execute any necessary lease subordination agreement at the Landlord's request. 32. DEFAULT/IF YOU DO NOT PAY YOUR RENT ON TIME. If Tenant fails to pay rent, including the Monthly Base Rental and Additional Rent, on or before the due dates as herein stated (TIME IS OF THE ESSENCE) this Lease shall be in default. THIS IS YOUR NOTICE. IF YOU DO NOT PAY YOUR RENT WITHIN FIFTEEN (15) DAYS OF THE DUE DATE, THE LANDLORD CAN START TO HAVE YOU EVICTED. YOU WILL GET NO OTHER NOTICE AS LONG AS YOU OCCUPY THE LEASED PREMISES. If Tenant shall be in default in performing any of the terms, covenants and conditions of this Lease other than the provision requiring the payment of rent, and fails to cure such default within fourteen (14) consecutive calendar days after the receipt of written notice of default from Landlord; or if the Leased Premises shall be abandoned or deserted for fifteen (15) days, or if this Lease is assigned to any other person, firm, office or corporation, without the written permission of Landlord as required in paragraph 14 herein, this Lease at the Landlord's option shall expire and terminate fourteen (14) days after the Landlord delivers written notice to Tenant of such condition or default and Tenant shall immediately quit and surrender said Leased Premises to Landlord. In the event of any such default or breach of performance, the Landlord without any further notice or demand of any kind to the Tenant, may terminate this Lease and re-enter and forthwith repossess the entire Leased Premises and without being liable for trespass or damage shall re-let, lease or demise the Leased Premises to another tenant without any hindrance or prejudice to Landlord's right to distrain for any past due rent, Additional Rent, and rent from the time of such default or termination until the Leased Premises were leased or rented to another tenant. 33. ASSIGNMENT OF CHATTELS. Tenant hereby pledges and assigns to Landlord all the furniture, fixtures, goods, equipment and chattels of Tenant which shall or may be brought or put on the Leased Premises as security for the payment of all rents due from Tenant, and Tenant agrees that said lien may be enforced by distraint or foreclosure at the election of the Landlord. It is understood and agreed that any merchandise, fixtures, furniture, or equipment left in the Leased Premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment, Tenant relinquishes any right or interest therein and Landlord is authorized to sell, dispose of or destroy same. 34. COMMENCEMENT OF ACTION. Any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations that preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereon, within six (6) months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense. 35. ATTORNEY'S FEE. In any legal action brought by either party to enforce the terms of this Lease or relating to the Leased Premises, whether based in contract or in tort, the prevailing party will be entitled to reasonable attorney’s fees, costs, and expenses incurred in connection with that action. 36. AGENT. Tenant acknowledges that RE/MAX Pro Realty – Robert Pratt is the leasing agent (hereinafter referred to as “Agent”) for the Landlord. Tenant shall pay all rent payable under this Lease to RE/MAX Pro Realty, 9209 University Blvd., Charleston, SC 29406. Phone: (843) 767-7777. 37. DEFINITIONS. "Landlord" as used in this Lease shall include the owner or owners of the Leased Premises and/or the aforementioned Agent, as well as the Landlord's heirs, representatives, assigns and successors in title to the Leased Premises. "Tenant" shall include Tenant, Tenant's heirs and representatives, and if this Lease shall be assigned or sublet, shall include also Tenant assignees or subleases, as to the portion of the Leased Premises covered by such assignment or sublease. “Agent" shall include partnership, entity or individual, as may fit the particular parties. 38. SPECIAL STIPULATIONS. Insofar as the following stipulations conflict with any of the provisions herein, the following stipulations shall control: A. Rent is due on the first (1st) of the month and is considered late if not received by the Fifth (5th) of each month. A ten percent (10%) late charge shall be incurred for any rents received after the fifth (5th) of the month. See paragraph 4 for additional penalties which may be assessed due to failure to pay rent on time. B. Robert Pratt of RE/MAX Pro Realty is the listing agent and Tiffany Johnson Wilson of Johnson and Wilson Real Estate Company, LLC is the leasing agent for this Lease and any renewals, expansions, or relocations thereof. Landlord to pay agent in accordance with listing agreement currently in effect. C. NOTICES: Landlord: RE/MAX Pro Realty 9209 University Blvd. N. Charleston, SC 29406 Phone: (843)-767-7777 E-mail: robert@robertpratt.com Tenant: Johnson & Wilson Real Estate Company Attn: Tiffany Johnson Wilson 100 W. Richardson Ave., Suite D Summerville, SC 29483 Phone: (843) 486-1600 E-mail: tiffany@johnsonandwilson.com Agent: RE/MAX Pro Realty ATTN: Robert Pratt 9209 University Blvd. Charleston, SC 29406 Phone: (843)-767-7777 E-mail: robert@robertpratt.com Agent: Johnson & Wilson Real Estate Company ATTN: Tiffany Johnson Wilson 1830 Savannah Highway Charleston, SC 29407 Phone: (843) 486-1600 E-mail: tiffany@johnsonandwilson.com D. Notwithstanding, anything contained herein to the contrary, Tenant shall take the Leased Premises in its "as is" condition. E. Tenant shall be responsible for its portion of all solid waste user fees incurred as a result of any trash, scavenger or dumpster services, stormwater management fees or any other fees enacted and charged by any governmental authority from time to time. F. Tenant shall be responsible for it’s own interior upfitting of the Leased Premises, to include but is not limited to installation of additional lighting, new floor coverings, fresh paint, remodeling of the existing restroom, and removal of a non-load bearing wall. Improvements shall also include addition of wall partitions to create 4 private offices with glass doors and glass transoms; addition of a small kitchenette (no stove to be installed), installation of data lines and additional electrical outlets, replacement of ceiling tile grid currently painted blue, replacement of interior doors and installation of live green wall and virtual screens. Tenant shall also pressure was the exterior and awning. Tenant shall use only licensed and insured contractors for completion of all interior upfitting. G. Landlord reserves the right to terminate the Lease Agreement at any time, provided Landlord submits written Six (6) Month notification of the termination to Tenant. Should Landlord exercise this Termination Option, Tenant’s Monthly Base Rental for the Six (6) Month period from notification to vacancy shall be abated in its entirety. 39. EXTENSION BEYOND LEASE EXPIRATION. Unless thirty (30) days’ written notice, as described herein, is given prior to the expiration of the Lease Term, or First Option Term, or Second Option Term, if any, of this Lease by the Landlord to the Tenant of Landlord’s desire to have possession of the Leased Premises or like notice given by the Tenant to the Landlord of the Tenant’s intention to vacate the Leased Premises after expiration of the Lease Term, or First Option Term, or Second Option Term, if any, of this Lease, then it is hereby agreed this Lease will be considered as extended and binding from the expiration of this Lease, subject to all provisions hereof, as a tenancy from month-to-month which may be terminated on the last day of any calendar month by written notice of not less than thirty (30) days. The monthly base rental rate shall be at the monthly base rental rate at the end of the Lease Term, or First Option Term, or Second Option Term, if any, multiplied by a factor of 1.03 {i.e. an increase of the monthly base rental rate in the amount of Three percent (3%)}. 40. AMERICAN DISABILITIES ACT. Both Tenant and Landlord have been advised that the American Disabilities Act guidelines, as it applies to the Leased Premises, may have provisions that affect public accommodations and employees of businesses located on the Leased Premises. Either party may obtain this information at: American National Standard Institute, 1430 Broadway, New York, New York, 10018. 41. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by a dated, written agreement signed by both Landlord and Tenant. No surrender of the Leased Premises or of the remainder of the Lease Term of this Lease shall be valid unless accepted by Landlord in writing. TIME IS OF THE ESSENCE IN THE LEASE. THIS IS A LEGALLY BINDING CONTRACT. TENANT IS ADVISED TO SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. TENANT ACKNOWLEDGES THE RECEIPT OF A COPY OF THIS LEASE. IN WITNESS WHEREOF, Landlord and Tenant have executed this instrument the day and year first above written. Tenant: JOHNSON & WILSON REAL ESTATE COMPANY, LLC ____________________________________ By:______________________________________ WITNESS: Name: ____________________ Its: ____________________ Date: ____________________  Landlord: TOWN OF SUMMERVILLE By:______________________________________ WITNESS: Name: ____________________ Its: ____________________ Date: ____________________ The undersigned hereby personally guarantees this Lease and all of the terms and conditions contained herein, including terms of payment, during the original Lease Term and for any amendments, options, extensions, renewals, relocations, or expansions thereof. _________________________________ ________________________________, Personally WITNESS Tiffany Johnson Wilson Home Address: _________________________________ Phone: ______________ E-mail: ___________________