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HomeMy WebLinkAbout08-03-09 PacketPage 1 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, August 3, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Michael York from Alpharetta Presbyterian Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 09-902) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the July 20, 2009 Regular Meeting Minutes. (Agenda Item No. 09-903) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 2. Approval of the following plats: 1) Curtis Mills Minor Plat Subdivide into 2 lots 2) Hayfield Subdivision Final Plat Subdivide into 12 lots 3) Perkins Re-Plat Combine 2 lots of a 4 lot subdivision 4) Braeburn Phase I Plat Plat only commercial portion on (Agenda Item No. 09-904) Birmingham Hwy (Alice Wakefield, Community Development Director) 3. Approval of a contract with Gardner’s Roof Repair for the reconstruction of the roof for the Bethwell Community House. (Matt Marietta, Assistant to the City Manager) (Agenda Item No. 09-905) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 3, 2009 – 6:00 PM Page 2 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of a contract between the City of Milton and Amusement Masters for the Roundup. (Linda Blow, Project Coordinator) (Agenda Item No. 09-906) 7) REPORTS AND PRESENTATIONS 1. Special recognition and presentation of Medal of Valor to Officer Nathan Allen and Officer Andrew Phillips. (Presented by Joe Lockwood, Mayor) 2. Recognizing the City of Milton as a “Heart Ready City” by the American Heart Association. (Presented by Michael Willingham, American Heart Association, Senior Director of EMS and Senior Director, Mission: Lifeline) 3. Presentation of the Final Report from ADA Consultant. (Presented by Marie Latta, ADA Consultant) 8) FIRST PRESENTATION 1. Approval of an Ordinance Authorizing the Exchange of Easements on the Crabapple Community Center Property. (Agenda Item No. 09-907) (Presented by Carter Lucas, Principal Engineer) 9) ZONING AGENDA (none) 10) UNFINISHED BUSINESS (none) 11) NEW BUSINESS 1. Approval of a Resolution approving a grant application to the Department of Homeland Security for the Assistance to Firefighters Station Construction grant program sponsored by FEMA. (Presented by Matt Marietta, Assistant to the City Manager) (Agenda Item No. 09-908) 2. Discussion on Homeowners Tax Relief Grant funding possibilities. (Presented by Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (If needed) 15) ADJOURNMENT (Agenda Item No. 09-909) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: July 27, 2009 for Submission onto the August 3, 2009 City Council Meeting – Consent Agenda Agenda Item: Approval of Subdivision Plats CMO (City Manager’s Office) Recommendation: To approve the subdivision related plats and revisions stated below Background: The Milton Subdivision Regulations requires that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions, and Minor Plats once the matter has been reviewed and certified by the Community Development Director in according with the Subdivision Regulations. Discussion: The following Final Plats, Final Plat Re-recording, Revisions, and Minor Plats have been reviewed and certified by the Community Development Director in according with the City’s Subdivision Regulations: Name of Development Action Comments Curtis Mills Minor Plat Subdivide into 2 lots Hayfield Subdivision Final Plat Subdivide into 12 lots Perkins Re-Plat Combine 2 lots of a 4 lot subdivision Braeburn Phase 1 Plat Plat only commercial portion on Birmingham Hwy Alternatives: Concurrent Review: Chris Lagerbloom, City Manager City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta, Assistant to the City Manager Date: Submitted on July 24, 2009 for the August 4, 2009 Regular Council Meeting Agenda Item: Approval for the execution of a contract with Gardner’s Roof Repair for the reconstruction of the roof of the Bethwell Community House City Manager’s Office Recommendation: Consent to the execution of a contract with Gardner’s Roof Repair Company for the reconstruction of the dilapidated roof on the Bethwell Community House. Background: One of the City of Milton’s parks-recreation assets is the Bethwell Community House located on the northwest corner of the intersection of Hopewell Rd and Francis Rd. The building’s roof is in need of repair. Discussion Three bids have been solicited and received for this project, taking into account the replacement not only of the shingles, but also supporting members where necessary. The most complete and economical bid was provided by Gardner’s Roof Repair. The company is a local contractor (Birmingham Crossroads area) and has provided documentation that includes references and insurance. Funding and Fiscal Impact: The quote from Gardner’s Roof Repair is $7577.40. Alternatives: Allow the roof to fail and assume the consequences of this as part of the long term plan for Milton parks. Concurrent Review: Chris Lagerbloom, City Manager amusementmasters Contract #: 101709MILTONkss Contract June 10, 2009 Date: Client Name: City of Milton Contact Name: Tiffanv Allen Cell#: Address: City: State : 13000 Deerfield Pkwy Milton GA Event Date: October 17, 2009 Phone#: (770) 754-4674 Zip Code: 30004 Event 12 Noon to T 00prn Time: Setup Date October 16, 2009 Time -.(TBD) -as arranged with Strike Following Event @ 7PM &Time: client Time: Vent Milton High School Location: Amusement Masters Production, Inc. agrees to provide the following items for your event: One (1) Teacups Ride, with staff One (1) Hard Rock Wall, with staff One (1) Mechanical Bull, with staff One (1) Two Piece Obstacle Course, with staff One (1) Dual Lane Slide, with staff One (1) Monkey Madness, with staff Four (4) Generators One 1 Event Manager Client is responsible for the following item as agreed upon by the signing of this document: Client is responsible for any additional electrical needs as well as any facility fees, union fees, and drayage costs. Minimum time for set up will apply and vary depending upon equipment selected. Amusement Masters Productions, Inc. must be allowed to stake into ground for inflatable(s) stability and safety. Water barrels are an alternative option. Water source(s) must be within 100 feet of attractions. Adequate truck/trailer access is required. Adequate load in/out access for equipment is also required. This includes, but is not limited to, no stairs, double door/gate access, and adequate sized elevator. Client is required to provide security (police officers) and/or a secure area for equipment from time of set up lnitials� Date - Page 1 of 4 amusementmasters Rental Agreement This Rental Agreement ("Agreement"), Contract Number 101709MILTONkss is made by and between Amusement Masters Production, Inc., d.b.a. AMPI [hereinafter referred to as "Lessor"} and City of Milton,13000 Deerfield Pkwy, Milton, GA, 30004 (hereafter referred to as "Lessee") on this June 10, 2009 Whereas, Lessor is engaged in the business of leasing interactive games, amusements, novelties and other such related items on a short term basis to customers for use at shows, events, and other exhibitions; Whereas, Lessee wishes to rent from Lessor such items as interactive games, amusements, novelties and other such related items for use at a show, event or exhibition; Therefore, it is mutually agreed as fotlows: LEASE: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the interactive game equipment and any other personal property of Amusement Masters, more particularly listed on the contract agreement. The Rental of the Equipment shall be in accordance with the terms and conditions of the original Sales Quote. The items of equipment listed on this contract agreement, together with any repairs, replacements, or other substitution of parts, are hereinafter referred to as "Equipment'. This Agreement shall constitute a rental Agreement and shall be Minding when duly executed by the parties, their successors, legal representatives and permitted assigns. 2. RENTAL: The Lessee agrees to pay to the Lessor, or its duly authorized representative, the rental fee of $7,400.00 as listed on the invoice dated and referenced with the same contract # as this contract. 3. The rental fee shall be paid as follows: A 50% deposit in the amount of $3,700-00 shall be due upon execution of this agreement and the balance of $3,700.00 shall be due upon setup of event and rental items. All items listed on this agreement shall be paid in full by the event date listed on this contract. All deposits are nonrefundable. All credit cards are submect to a 3.5% non-cash transaction fee. Any discounts given on package prices become null and void if payment terms are not met as agreed upon by lessee. Should discount become void due to default on payment terms, additional monies due will be paid with balance of any other monies due and payable to Lessor. Should lodging be required by Lessor, Lessee agrees to provide suitable and adequate housing for Lessor's staff. Should for some reason unrelated to Lessor, the Event is cut short or terminated early, no refunds will apply or be issued. 4. DELIVERYISET-UP: Lessor shall deliver and set-up the Equipment at the place designated by the Lessee (hereinafter referred to as the "Facility"). Lessee is solely responsible to insure that there is adequate access to the Facility- Specifically, Lessee shall insure that the Facility is adequately equipped with the necessary freight elevators freight doors and dock high accommodations. There will be a special handling charge, in addition to the rental char ed in the event that the Facilit 's accommodations do not contain the necessaa freight elevators freight doors andlor loading docks. Lessee shall be liable for the full rental and handling charges should the Lessor not be able to make delivery of the Equipment should the Facility not have the required accommodations. initials. Date: Page 2 of 4 amusement masters 5. SITE INSPECTION OPTION: For an additional charge, Lessor shall inspect the facility to determine whether it has adequate accessibility and accommodations, and shall become responsible for the delivery, set-up and dismantling of the Equipment, and shall thereby release Lessee from its duties under Paragraph 4, entitled "DELIVERY/SET-UP 6. DUTIES OF LESSOR: Lessor is responsible for providing_ Equipment that is safe functional, and in good condition. Lessor will complete deliver set-uand clean-up of all Equipment at no additional cost to Lessee. 7. DUTIES OF LESSEE: Lessee is responsible for arranging adequate power to operate Equipment and any drayage and/or union labor required at no cost to Lessor. There arrangements must be made directly with the Facility. All Equipment is supplied with standard three -prong grounded cords that extend no further than the base of the Equipment. 8. RENTAL PERIOD: Lessee acknowledges and agrees the rental period shall be for the specified time in accordance with the information listed this contract. 9. REPLACEMENT OF MALFUNCTIONING 1 DAMAGED EQUIPMENT: Jf the Equipment becomes unsafe or is in disrepair as a result of normal use, Lessee agrees to discontinue use and notify Lessor immediately, who will then replace the Equipment with similar Equipment in good working order, if available. Equipment that is damaged due to misuse and J or abuse by Lessee guests, employees, patrons during terms of agreement will be repaired / replaced at Lessee expense based on fair market value. Equipment that is damaged due to misuse and/or abuse by Lessor or its agents and employees will be repaired at the Lessor's expense. If Equipment cannot be replaced before the end of the Event, the Lessor wilt refund a pro rated percentage of the total rental fee to the Lessee or deduct the same from any repair or replacement costs if Equipment was damaged by the Lessee's guests, employees, or patrons. 1o. INDEMNITY: Lessee shall indemnify and hold Lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses. damages and liabilities, including reasonable attorney's fees arising out of, in the possession, use, or operation of the Equipment during the Event. 11. OWNERSHIP: The Equipment is and shall at all times be and remain the sole and exclusive property of Lessor and the Lessee shall have no right, title, or interest therein or thereto except as expressly set forth in the Agreement, 12. MISCELLANEOUS: The Agreement shall be governed by the laws of the State of Georgia. Time is of the essence of this Agreement. This writing constitutes the entire Agreement between the parties and may not be changed or modified except by a writing signed by each of the parties. This Agreement shall be binding upon and shall insure to the benefits of, and be enforceable by, the respective heirs, transferees, successors, and assigns of the parties hereto. The Lessee shall not assign this Agreement without prior written consent of the Lessor. Lessor will add Lessee as additional insured on Lessor's insurance if requested. 13. PAYMENT: Lessee will pay a 50% deposit in the amount of $3.700.00 which shall be due upon the execution of this agreement; and the balance of $3,700.00 shall be due upon setup of event and rental equipment. 14, OVERTIME CHARGE: If event extends past contracted event time due to request by Lessee or circumstances governed by Lessee decision, Lessee will agree to pay minimum overtime charges of Initials: Date: Page 3 of 4 amusement masters $1,200.00 per hour or amount determined be Lessor due to event circumstances. Upon agreement of total amount of overpayment by Lessee and Lessor the overtime payment will be paid in full within 10 days of contracted event. There will be no overtime charge for extensions due to the time needed to clean-up all Equipment, delays by the Lessor, adverse weather conditions or other natural events, or emergency situations necessitating the presence of law enforcement, fire and rescue or emergency medical personnel, IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute and deliver this Agreement under seal as of the date and year first above written. LESSEE LESSOR COMPANY: City of Milton AMUSEMENT MASTERS PRODUCTIONS, INC d.b.a. AMPI BY: BY: xa� 8.,u,l _ (digital signature) NamerTitle Kelly Smink President Initials: Date: Page 4 of 4 Special Recognition and presentation of Medal of Valor to Officer Nathan Allen and Officer Andrew Phillips. On May 10, 2009, at 5:11 p.m. Milton Police Officers Nathan Allen and Andrew Phillips responded to an Automobile Accident with injuries on Hopewell Road. Upon their arrival they located the vehicle which was overturned and on fire. The officers then removed an unconscious victim from the crash site and transferred him to medical personnel. The victim that was assisted by these two officers was dangerously close to the burning vehicle and the officers had to combat the smoke and high heat as well as the difficult terrain to rescue him. These officers performed with professionalism and courage in the face of significant personal risk to assist a citizen. As such they are being given the departments first ever Medal of Valor in recognition and appreciation of their fine efforts. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Principal Engineer Date: July 20, 2009 for the August 3, 2009 Council meeting Agenda Item: An Ordinance Authorizing the Exchange of Easements on the Crabapple Community Center Property Background: At the special called City Council meeting on Saturday, January 31, 2009, City Council tasked Public Works with reviewing the existing ingress/egress easement on the Community Center property for accessing the Statham parking and accessing Sally Rich Kolb’s property. This easement currently does not line up with the concrete apron at Broadwell Road, the easement does not connect to Sally’s property at the location she is currently using to access her property, and the centerline of the easement goes through 2 specimen trees. Discussion: Staff has worked with Sally Rich Kolb on relocating the existing ingress/egress easement on the Community Center Property and accommodating the current access points to her property. The City procured a complete existing conditions survey of the Community Center property and the exact proposed easement area was determined based upon locations of existing site features. A proposed ingress/egress plat and legal description were created for the easement. Legal Review: Paul Higbee, Jarrard & Davis, on 7/10/09 Attachments: An Ordinance Authorizing the Exchange of Easements Exhibit “A” Quitclaim Deed Exhibit “B” Easement Agreement for Ingress and Egress Exhibit A (Attached) Proposed Ingress/Egress Easement Plat and Legal Description STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. _________ AN ORDINANCE AUTHORIZING THE EXCHANGE OF EASEMENTS The Council of the City of Milton hereby ordains while in regular session on the ______ day of ______________________, 2009 at _:00 pm.: WHEREAS, Ms. Sally Rich-Kolb f/k/a Ms. Sally P. Rich (“Ms. Rich”) currently owns property abutting property owned by the City and enjoys certain easement rights (the “Easement”) over said property owned by the City; and, WHEREAS, the City desires to change the location of the Easement over the City’s property; and, WHEREAS, Ms. Rich is agreeable to such change in the location of the Easement, and, WHEREAS, the City is authorized by O.C.G.A. § 36-37-6(g) to sell and convey easements over narrow strips of land to abutting property owners. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF MILTON this ______ day of ______________, 2009, that the City shall accept from Ms. Rich that Quitclaim deed attached hereto and incorporated herein by reference as Exhibit “A,” and that upon the City’s receipt of said Quitclaim deed properly executed by Ms. Rich, and properly witnessed and notarized, the Mayor shall be authorized to execute that Easement Agreement for Ingress and Egress attached hereto and incorporated herein by reference as Exhibit “B.” Approved: ____________________________ Mayor Attest: _____________________________ City Clerk (Seal) EXHIBIT “A” ----------------------------------- [Space Above Provided For Recording Data] --------------------------- After Recording Return To: Paul N. Higbee, Jr., Esq. Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 STATE OF GEORGIA COUNTY OF FULTON QUITCLAIM DEED THIS INDENTURE, dated and effective as of the _____ day of August, 2009, between SALLY RICH-KOLB f/k/a SALLY P. RICH, as party of the first part (hereinafter referred to as “Grantor”), and the CITY OF MILTON, GEORGIA, as party of the second part (hereinafter referred to as “Grantee”)(the words “Grantor” and “Grantee” to include the respective heirs, executors, legal representatives, successors and assigns of said parties where the context requires or permits); W I T N E S S E T H: THAT Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does bargain, sell, remise, release and forever quitclaim unto said Grantee, all the right, title, interest, claim or demand which the said Grantor has, or may have had, in and to the following described property, to-wit: All right, title, and interest of Grantor in and to that easement for ingress and egress lying and being in Fulton County Georgia and being more particularly described as a “gravel drive” in that plat recorded at Plat Book 151, Page 103 and that Warranty Deed recorded at Deed Book 10718, Page 238 in the real estate records of the Clerk of Superior Court of Fulton County. TO HAVE AND TO HOLD the said described premises unto the said Grantee, so that neither the said Grantor, nor any other person or persons claiming under Grantor shall at any time claim or demand any right, title or interest to the aforesaid described premises or its appurtenances. IN WITNESS WHEREOF, Grantor has executed this instrument under seal, as of the date first above written. GRANTOR: Signed and sealed in the presence of: _______________________________ By:_________________________ Sally Rich-Kolb f/k/a Sally P. Rich ______________________________ NOTARY PUBLIC [Notary Seal] EXHIBIT “B” After recording, return to: Paul N. Higbee, Jr. Jarrard & Davis, LLP 105 Pilgrim Village Drive Suite 200 Cumming, Georgia 30040 EASEMENT AGREEMENT FOR INGRESS AND EGRESS THIS EASEMENT AGREEMENT FOR INGRESS AND EGRESS (hereinafter referred to as this "Agreement') is made this ______ day of August, 2009, by and between the CITY OF MILTON, GEORGIA, (hereinafter referred to as the “Grantor"), and SALLY RICH-KOLB, of Fulton County, Georgia (hereinafter referred to as the "Grantee"). W I T N E S S E T H: WHEREAS, Grantor is the owner of certain property in Fulton County, Georgia described as “N/F The City of Milton, Georgia” in Exhibit “A,” attached hereto and incorporated herein by reference (hereinafter referred to as “Grantor’s Property”); and WHEREAS, Grantee owns certain property (“Grantee’s Property”) abutting Grantor’s Property and shown as “N/F Sally P. Rich” on Exhibit “A”; and WHEREAS, Grantee desires an easement for ingress and egress to Broadwell Road (60’ R/W) over Grantor’s Property; and WHEREAS, Grantor has agreed, upon the terms and conditions hereinafter set forth, to grant said easement, constituting 0.049 acre, to Grantee over and upon certain portions of Grantor’s Property as more particularly shown/described as “Proposed Ingress Egress Easement” on Exhibit “A” (hereinafter referred to as the “Easement Property”); and WHEREAS, the easement is hereby intended to provide Grantee, her successors and assigns, access to the Grantee’s Property over the Easement Property from Broadwell Road. FOR AND IN CONSIDERATION OF the above premises and the sum of TEN AND NO/100 DOLLARS ($10.00) in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee do hereby agree as follows: 1. Grant of Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a non-exclusive easement of access, ingress, egress, passage and use over the Easement Property subject to the conditions enumerated herein. 2. Conditions and Obligations with Respect to the Easement. The easement granted herein and Grantee's use thereof are subject to the following terms and conditions: (a) Grantee covenants and agrees to abide by all applicable City of Milton Ordinances. (i) In performing any repair and/or maintenance activities permitted hereunder, Grantee shall minimize any damage to the Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Easement Property and shall immediately restore the Easement Property to its condition prior to the commencement of the work. (ii) All repair and maintenance activities conducted on the Easement Property shall be done by Grantee in a good and workmanlike manner. Grantee shall obtain all necessary permits, if any, required for said work, and any such work shall be at Grantee's sole cost and expense, and shall comply with all applicable statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers. (iii) Grantee shall not permit any liens to attach to or about the Easement Property by reason of the performance of any work or the purchase of any material by any party in connection with such repair or maintenance work. In the event any such liens do attach, Grantee shall bond against or shall pay and discharge the same within ten (10) days after notification of the filing of such lien. (b) Grantor reserves the right to use the Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the use, maintenance and repair of the Easement Property. (c) Grantor shall have the right to terminate the easement upon the provision to Grantee of sixty (60) days prior written notice of termination. 3. Easement for Benefit of the Grantee. The easement created herein is solely for the benefit of the Grantee, and her successors and assigns, subject to and in accordance with the terms and conditions hereof, and no third-party beneficiary rights are created or inferred. 4. Successors and Assigns. The easement contained herein shall run with and be appurtenant to the Grantee’s Property and shall run with title to and burden the Easement Property and shall be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, successors, assigns and successors-in-title of Grantor and Grantee. All obligations of Grantor and Grantee hereunder shall be binding upon their respective successors-in-title and assigns. 5. Taxes. Grantor and Grantee acknowledge and agree that notwithstanding the existence of this Agreement, Grantee shall pay all real estate taxes and assessments, if any, levied against the Easement Property. 6. Breach and Remedies. This Agreement shall create a privity of contract and/or estate with and between Grantor and Grantee. In the event of a breach or default, or attempted or threatened breach or default by any party hereto of any of the terms, covenants and conditions hereof, which shall not have been cured within thirty (30) days following receipt by the other party of written notice from the complaining party, the complaining party shall be entitled to: (a) full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequence of such breach or default; and (b) the right to cure any breach or default hereunder. All costs and expenses of any such suit or proceeding and all costs of curing such breach or default shall be assessed against the offending, breaching party. 7. Notice. All notices shall be in writing and shall be deemed to have been properly given on the earlier of: (i) when delivered in person; (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certified mail with return receipt requested, to the appropriate party at the address set out below; or (iii) when deposited with Federal Express, Express Mail or other overnight delivery service for next day delivery, addressed to the appropriate party at the address set out below. Grantee: Sally Rich-Kolb 808 Lakeshore Drive Duluth, GA 30096 Grantor: City Manager City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 With a copy to: Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Fax No.: (678) 455-7149 Attention: Ken E. Jarrard, Esq. Rejection or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party or parties at least ten (10) days prior notice of the changed address. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived or discharged except by instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9. Severability. The validity of any one of the covenants, agreements, conditions or provisions of this Agreement or any one of the covenants, agreements, conditions or provisions of this Agreement or any portion thereof shall not affect the remaining portions thereof or any part thereof and this Agreement shall be construed as if such covenant, agreement, condition or provision had not been inserted herein. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the GRANTOR: presence of: ______________________________ City of Milton, Georgia Witness ______________________________ By:____________________________________ Joe Lockwood, Mayor My commission expires:___________ Attest:_________________________________ City Clerk [AFFIX NOTARIAL SEAL OR STAMP] Signed, sealed and delivered in the GRANTEE: presence of: ______________________________ Sally Rich-Kolb Witness ______________________________ ______________________________________ Notary Public My commission expires:___________ [AFFIX NOTARIAL SEAL OR STAMP] EXHIBIT A (ATTACHED) D <) j N F �1 PEARL G rSTATHAM F_ PROPOSED INGRESS EGRESS EASEMENT ipo LINE APPROX. L1 LOCATION L2 EASEMENT FOR INGRESS AND L3 EGRESS L4 L5 DB 10718/P 238 L5 --+--"+ Cs PB 151/P 103 L6 L3 CRNN. 1 C6 ■ PROPOSED INGRESS EGRESS EASEMENT AREA = 2151 SQ. FT. OR 0.049 AC.f N /F THE CITY OF MILTON, GEORGIA N /F ALAN R. & LISA I. TOMLIN 50 25 ❑ 50 SCALE IN FEET L7 LEGEND POC - POINT OF COMMENCEMENT POB --- POINT OF BEGINNING R/W - RIGHT OF WAY IPF - IRON PIN FOUND , BEARING BEARING LENGTH N 20'49'57" W 21.41' N 22'21'46" W 12.14' S 88'23'15" W 20.05' `. N 01'55'42" W 16.00' N 88'23'15" E 20.13' S 22'21'46" E 12.14' S 20'49'57" E 67.04' CURVE BEARING CHORD ARC DELTA RADIUS C1 N 46'00'31" W 17.87' 18.44' 49'52'21" 21.19' C2 N 51'48'15" W 20.58' 21.62' 61'56'36" 20.00' C3 N 5234'10" W 36.22' 37.96' 60'24'47" 36.00' C4 N 5659'15" W 22.73' 24.17' 69'14'58" 20.00' C5 S 5659'16" E 40.91' 43.51' 69'14'59" 36.00' C6 S 6824'17" E 28.79' 32.14' 92'05'01 " 20.00' N /F SALLY P. RICH N 24'49'57" W � ¢oa POC S 86'02'22" W 3,873.74' N/F SALLY RICH-KOLB FULTON COUNTY GPS MONUMENT F-312 NAD83 GA WEST ZONE N 1,487,874.990 E 2,248,282.837 PROPOSED INGRESS/EGRESS EASEMENT at Crabapple Community Center for The City of Milton, Georgia Located In Land Lot 1134 — 2nd District — 2nd Section City of Milton — Fulton County, Georgia SCALE — 1" = 50' 7-6—Og Engineering & Inspection Systems, Inc. 625 Hembree Porkwoy Suite S Roswell, Georgia 30076 (770) 343-8800 LEGAL DESCRIPTION - INGRESS/EGRESS EASEMENT ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 1134, 2nd District, 2nd Section, City of Milton, Fulton County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at Fulton County GPS Monument F--312; thence, leaving said GPS Monument and running South 86 degrees 02 minutes 22 seconds West, a distance of 3,873.74 feet to an iron pin found; thence, North 20 degrees 49 minutes 57 seconds West, a distance of 39.89 feet to a point, and THE TRUE POINT OF BEGINNING. Thence, running along an arc of curve to the right (which has a radius of 21.19 feet, a central angle of 49 degrees 52 minutes 21 seconds and a chord distance of 17.87 feet, along a bearing of North 46 degrees 00 minutes 31 seconds West), an arc distance of 18.44 feet to a point; thence, North 20 degrees 49 minutes 57 seconds West, a distance of 21.41 feet to a point; thence, along an arc of curve to the left (which has a radius of 20.00 feet, a central angle of 61 degrees 56 minutes 36 seconds and a chord distance of 20.58 feet, along a bearing of North 51 degrees 48 minutes 15 seconds West), an arc distance of 21.62 feet to a point; thence, along an arc of curve to the right (which has a radius of 36.00 feet, a central angle of 60 degrees 24 minutes 47 seconds and a chord distance of 36.22 feet, along a bearing of North 52 degrees 34 minutes 10 seconds West), an arc distance of 37.96 feet to a point; thence, North 22 degrees 21 minutes 46 seconds West, a distance of 12.14 feet to a point; thence, along an arc of curve to the left (which has a radius of 20.00 feet, a central angle of 69 degrees 14 minutes 58 seconds and a chord distance of 22.73 feet, along a bearing of North 56 degrees 59 minutes 15 seconds West), an arc distance of 24.17 feet to a point; thence, South 88 degrees 23 minutes 15 seconds West, a distance of 24.65 feet to a point, said iron pin being located on the east right-of-way of Broadwell Road, having a 60 foot right-of- way; thence, running northwesterly, along said Broadwell Road right-of-way, North 01 degrees 55 minutes 42 seconds West, a distance of 16.00 feet to a point; thence, leaving said right-of-way and running North 88 degrees 23 minutes 15 seconds East, a distance of 20.13 feet to a paint; thence, along an arc of curve to the right (which has a radius of 36.00 feet, a central angle of 69 degrees 14 minutes 59 seconds and a chord distance of 40.91 feet, along a bearing of South 56 degrees 59 minutes 16 seconds East), an arc distance of 43.51 feet to a point; thence, South 22 degrees 21 minutes 46 seconds East, a distance of 12.14 feet to a point; thence, along an arc of curve to the left (which has a radius of 20.04 feet, a central angle of 92 degrees 05 minutes 01 seconds and a chord distance of 28.79 feet, along a bearing of South 68 degrees 24 minutes 17 seconds East), an arc distance of 32.14 feet to a point; thence, South 20 degrees 49 minutes 57 seconds East, a distance of 67.04 feet to a point, and THE TRUE POINT OF BEGINNING. Said tract of land comprising 2,151 square feet, or 0.049 acres, more or less, and being more particularly described on a Proposed Ingress/Egress Easement at Crabapple Community Center for the City of Milton, Georgia, by Engineering & Inspection Systems, Inc., dated July 06, 2009. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt L Marietta Date: Submitted on July 21, 2009 for the August 3, 2009 Council Meeting Agenda Item: Approval of a grant application to the Department of Homeland Security for the Assistance to Firefighters Station Construction grant program sponsored by FEMA. City Manager’s Office Recommendation: Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program for fire station construction. Background: The American Recovery and Reinvestment Act of 2009 has added a new program to the AFG family of firefighter’s assistance grants. Consistent with the desire to create jobs through funding projects, this new program funds both the replacement of existing fire stations and the construction of entirely new facilities to expand fire departments’ coverage areas. Discussion The purpose of this grant application is to attempt to correct the environmental and operational difficulties posed by the oldest station (which is located on Thompson Rd in the City of Milton, Georgia). This station was constructed in the late 1970’s and was used largely as a volunteer facility until only recently. The construction, wiring, environmental conditions and maintenance of the facility show signs of thirty years of volunteer’s tinkering with the building (including wires that are spliced then wrapped with medical tape and vents that open into the attic instead of the outside of the building). The result is a fire station that is inhabited 24/7 by three to four firefighters and their engine that is clearly not consistent with NFPA or OSHA standards, beside the emotional effect on the firefighters who find themselves coming to work in a rusting, run- down volunteer station from 1978. This grant request will outline the countless safety, environmental and logistical problems associated with this station and will make the case that, due to the building’s age, it is in the advantage of the City to demolish the existing structure and build a new facility in its place. The new facility would be more in keeping with the equestrian style of the City and will be better configured to meet the needs of its residents and the surrounding community. Funding and Fiscal Impact: The program does not delineate a specific financial commitment on the part of the City, but instead asks what we can expect to contribute to the overall project. In the spirit of meeting City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 FEMA’s grant funds with an in-kind commitment on the City’s part, I have outlined both the contribution of land and the planned amount (approximately $40,000) that we would need to spend in sheer baseline maintenance and upkeep of the facility. Our financial impact is therefore minimal compared to the cost of building the facility. Alternatives: MDPS could continue to use the existing building and budget for its own replacement (or complete overhaul) in the coming years. Concurrent Review: Chris Lagerbloom, City Manager Robert Edgar, Fire Chief STATE OF GEORGIA RESOLUTION NO. _____ COUNTY OF FULTON A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FIRE STATION CONSTRUCTION BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the ____ day of August 2009 at 6:00 pm. as follows: WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program and Recovery Act of 2009 funding for the construction of fire stations; and WHEREAS, such funds are awarded directly to fire departments to correct deficiencies in the distribution of fire apparatus throughout the City and the habitability of said fire stations; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments in ensuring the safety and well-being of their firefighters and thereby the community; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the funding, if awarded, shall be used to replace the volunteer fire station on Thompson Rd; and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this ___day of August, 2009, by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant for Station Construction application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. RESOLVED this ____day of August 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal)