John Sifonios, individually and as agent for William Rempfer and Gary Sedlack, Appellant,
Town of Surfside Beach, Respondent
Heard November 3, 2014.
Appeal From Horry County. Paul M. Burch, Circuit Court Judge. Appellate Case No. 2013-001960.
Robert H. Gwin, III, of Gwin Law Offices, LLC, of Myrtle Beach, for Appellant.
Michael Warner Battle, of Battle Law Firm, LLC, of Conway, for Respondent.
MCDONALD, J. WILLIAMS and GEATHERS, JJ., concur.
[414 S.C. 271] MCDONALD, J.:
John Sifonios appeals the circuit court's grant of summary judgment in favor of the Town of Surfside Beach (the Town) as to the validity of a lease agreement. Although the Town never signed or delivered the lease agreement, Sifonios asserts that sufficient signatory and delivery acts occurred when the Surfside Beach Town Council (Town Council) approved the proposed form of the lease and posted the minutes recording this approval on its website. We affirm.
FACTS AND PROCEDURAL HISTORY
The Town sought proposals from prospective tenants to operate and maintain a restaurant on the Surfside Beach pier off Ocean Boulevard. On or about February 14, 2011, Sifonios, together with William Rempfer and Gary Sedlack, submitted a letter of intent (Letter of Intent) to the Town. James Cole, an associate broker with Century 21 Strand Group, signed the Letter of Intent on behalf of an undisclosed principal. The Letter of Intent proposed the formation of a corporation to operate a restaurant on the Surfside
Beach pier once there was a " meeting of the minds" as to the lease terms. At a special council meeting on March 4, 2011, Town Council accepted the terms of the Letter of Intent and authorized the Town Administrator, Jim Duckett, to present a proposed lease agreement (Lease Agreement) for Town Council approval. On April 15, 2011, Duckett presented the Lease Agreement to Town Council. The Lease Agreement contained the following requirements:
20.8 No Option
[414 S.C. 272] The submission of this Lease for examination does not constitute a reservation of or option for the Premises, and this Lease shall become effective only upon execution and delivery hereof by both parties.
20.9 No Modification
This Lease can be modified only by a writing signed by the party against whom the ...