HomeMy WebLinkAbout02-23-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Wednesday, February 23, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Wayne Cook, Vision Baptist Church in Alpharetta, Georgia
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 029)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the February 7, 2011 Regular Council Meeting Minutes.
(Agenda Item No. 11- 030)
(Sudie Gordon, City Clerk)
2. Approval of Closing Documents for the Purpose of Real Property Located at 13690
Highway 9, Milton, Georgia between the City of Milton and Wooden Cross Investments,
LLC.
(Agenda Item No. 11- 031)
(Chris Lagerbloom, City Manager)
3. Approval of a Facility Use Agreement between the City of Milton and Fulton
County Board of Education for the use of Birmingham Falls Elementary School.
(Agenda Item No. 11- 032)
(Cyndee Bonacci, Parks and Recreation Director)
Page 1 of 3
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.
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 23, 2011
Page 2 of 3
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.
4. Approval of a an Intergovernmental Agreement between the City of Milton and Fulton
County Board of Education for the use of Cogburn Woods Elementary School.
(Agenda Item No. 11- 033)
(Cyndee Bonacci, Parks and Recreation Director)
5. Approval of a an Intergovernmental Agreement between the City of Milton and Fulton
County Board of Education for the use of Hopewell Middle School.
(Agenda Item No. 11- 034)
(Cyndee Bonacci, Parks and Recreation Director)
6. Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation
Department.
(Agenda Item No. 11- 035)
(Cyndee Bonacci, Parks and Recreation Director)
7. Approval of a Memorandum of Understanding Between the City of Milton and North
Metro Miracle League, Inc. for the Fresh Grant Application.
(Agenda Item No. 11- 036)
(Cyndee Bonacci, Parks and Recreation Director)
8. Approval of a Lease Agreement with Georgia Power for the Acceptance of Street Lights
in the Crabapple Hills Subdivision.
(Agenda Item No. 11- 037)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION (None)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS
1. Approval of A Resolution to Authorize the Mayor and City Council to Approve the
Submission of a Grant Application to the Department of Homeland Security Fire
Prevention and Safety Grant Program.
(Agenda Item No. 11- 038)
(Matt Marietta, Fire Marshal)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 23, 2011
Page 3 of 3
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.
2. Approval of Resolution Allowing the City of Milton to Receive Funding Through the
Fresh Grant Utilizing North Metro Miracle League, Inc. as a Fiscal Agent
(Agenda Item No. 11- 039)
(Cyndee Bonnaci, Parks and Recreation Director)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (None)
15) ADJOURNMENT
(Agenda Item No. 11- 040)
The minutes will be
Provided
electronically
STATE OF GEORGIA
COUNTY OF FULTON
LIMITED LIABILITY COMPANY CERTIFICATION
In consideration of the sum of $10.00 and other good and valuable consideration, the
undersigned do hereby warranty and certify unto City of Milton, Georgia ("Purchaser''), the
following:
The undersigned, being all the Members of Wooden Cross Investments, LLC, a Georgia
limited liability company, (the "Company"), hereby certify and consent as follows:
WHEREAS, the Company desires to sell that real property located in Fulton County,
Georgia, as more particularly described in Exhibit "A" attached hereto (the "Property`); and
WHEREAS, the Members of the Company desire to consent to such action and to further
provide certain certifications and representations for the benefit of the purchaser of the Property and
the other parties identified herein, the Members hereby certify, represent, and consent as follows:
1. That attached hereto as Exhibit "B" is a true and exact copy of the Operating
Agreement of the Company ("Agreement").
2. That the Agreement is in full force and effect and has not been modified, amended
or cancelled.
3. That no actions are pending or threatened to remove any member or manager of the
Company, and no Events of Disassociation have occurred or exist under the Agreement.
4. The Members expressly consent to and authorize the sale by the Company of the
Property, and expressly authorize either James Brady Rogers or Jay Rogers, to take any and all
actions that may be required to sell said Property, including, but not limited to, negotiating the sales
price of the Property, executing any transfer or quit claim deed, and executing any and all other
documents as may be required to complete the sale, pursuant to such terms and conditions as said
Member shall deem appropriate, and that the Member's signature on said documents (the "Sale
Documents") evidencing such sale shall be sufficient to bind the Company without further consent
or action of the Members.
5. The Company is a duly organized and validly existing limited liability company in
good standing under the laws of the State of Georgia, and the Company has all requisite power and
authority to conduct its business, to own and operate it properties, and the Company has all
requisite power and authority to execute, deliver and perform all of its obligations under the Sale
Documents.
1
6. The execution, delivery and performance by the Company of the Sale Documents
have been duly authorized by all necessary action of the Company and do not and will not (a)
require any further consent or approval of Members of the Company or violate the Operating
Agreement of the Company, or (b) result in a breach of or constitute a default under any indenture
or loan or credit agreement or any other agreement, lease or instrument to which the Company is a
party or by which it or its properties may be bound or affected.
7. There are no actions, suits or proceedings pending or threatened against or affecting
the Company or the properties of the Company before any Court, arbitrator, or governmental
department, commission, board, bureau, agency or other instrumentality, state, federal or foreign,
which if determined adversely to the Company, would have a material and adverse effect on the
financial condition, properties or operations of the Company, or create a lien or encumbrance or
security interest on any property of the Company.
8. This Certification is given by the undersigned with knowledge that it will be relied
upon by any purchaser of the Property, any lender financing the purchase of the Property, any title
insurance company issuing owner's and/or lender's title insurance with respect to the purchase of
the Property, and any attorneys representing any of the foregoing.
IN WITNESS WHEREOF, the Members have hereunto set their hands under seal this 1:5 tk
day of February, 2011.
"MEMBERS":
vw�e,9.4Z(SEAL)
L es Brady Rog
'-� (SEAL)
J oge
2
Exhibit A
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898
& 903 of the 2nd District, 2nd Section, of Fulton County,
Georgia and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest
corner of Land Lot 898, thence proceed North 01 degrees 32
minutes 25 seconds East a distance of 83.78 feet to an iron pin
found on the western line of Land Lot 898; this being the TRUE
POINT OF BEGINNING.
THENCE proceed South 01 degrees 32 minutes 25 seconds West a
distance of 83.78 feet to a 0.5" OTP;
THENCE proceed South 00 degrees 40 minutes 26 seconds East a
distance of 151.04 feet to a #4 rebar with cap;
THENCE proceed North 89 degrees 33 minutes 07 seconds East a
distance of 910.50 feet to a PK nail set;
THENCE proceed North 03 degrees 00 minutes 40 seconds West a
distance of 236.80 feet to a #4 rebar with cap;
THENCE proceed South 89 degrees 26 minutes 15 seconds West a
distance of 897.60 feet to a #4 rebar being the TRUE POINT OF
BEGINNING.
Containing 4.90 acres of land (213,303 Square feet), more or
less, described on a survey by Frontline Surveying & Mapping,
Inc., job number 44754, dated 11/27/2010, last revised
01/25/2011, also being known as 13690 Alpharetta Highway in
Fulton County, Georgia.
RUUD
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898
& 903 of the 2nd District, 2nd Section, of Fulton County,
Georgia and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest
corner of Land Lot 898, thence proceed North 01 degrees 32
minutes 25 seconds East a distance of 83.78 feet to an iron pin
found on the western line of Land Lot 898; THENCE proceed North
89 degrees 26 minutes 15 seconds East a distance of 897.60 feet
to a #4 rebar with cap, being the TRUE POINT OF BEGINNING.
THENCE proceed South 03 degrees 00 minutes 40 seconds a distance
of 236.80 feet to a PK nail set in the asphalt; THENCE proceed
North 89 degrees 33 minutes 07 seconds East a distance of 14.28
feet to a PK nail set in the asphalt. THENCE proceed North 04
degrees 09 minutes 23 seconds West a distance of 237.08 feet to
an X scribed into the existing sidewalk; THENCE proceed South 89
degrees 26 minutes 15 seconds West a distance of 9.54 feet to a
#4 rebar with cap, being the TRUE POINT OF BEGINNING.
Containing 0.06 acres of land, more or less, described on a
survey by Frontline Surveying & Mapping, Inc., job number 44754,
dated 11/27/2010, last revised 01/25/2011, also being known as
13690 Alpharetta Highway in Fulton County, Georgia.
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ME
EXHIBIT
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OPERATING AGREEMENT OF
WOODEN CROSS NVESTMENTS, LLC
a Georgia Limited Liability Company
ARTICLE 1_
MEMBERS' INTEREST IN COMPANY
Section 1. Certificates of membership interest The company shall have the
power to issue certificates of membership interest in registered form representing
ownership of an interest in the company ("certificates"). The denominations of the
certificates shall correspond to the amount of capital contributed by the member to the
company. The certificate shall be transferable or interchangeable on presentation at the
office of the company, properly endorsed or accompanied by an instrument of transfer
and executed by the member or his or her authorized attorney, together with payment of
any tax or governmental charge imposed upon the transfer of certificates. The company
shall replace any mutilated, low stolen or destroyed certificate on proper identification,
indemnity satisfactory to the company and payment of any charges incurred in the
replacement. On a return of all or any portion of the capital of the company contributed
by a member holding a certificate, the member shall surrender the certificate or
certificates for appropriate adjustment prior to receipt of his or her capital contribution.
Section 2. Transfer of member's interest An ire r of a member in the
company may be tmansfcrred or assigned by (a) transfer of a certificate, if certificates
have been issued by the company, or (b) by any manner sufficient to transfer personal
property under applicable law. However, if all of the other members of the company
other than the member proposing to dispose of his or her interest do not approve of the
proposed transfer or assignment by unanimous written con=t, the transferee of the
interest of the member shall have no right to participate in the management of the
business and affairs of the company or to became a member. The bwuferce shall be
entitled to receive only the share of profits or other compensation by way of income and
the return of contributions to which that member otherwise would be entitled.
ARTICLE 1I.
MEMBER MEETINGS
Section 1. Anowd meetings. Unless otherwise decided by resolution
of the members, annual meetings of the members shall be held on the fust
TUESDAY of DECEMBER of each fiscal year of the comtpany if not
a legal holiday in the state in which the meeting shall be held, and if a legal
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holiday, then on the next business day following, beginning at 10:00am., or at any other
time and place as the members may decide by resolution and designate in the notice of
the meeting. If the annual meeting or the election of a manager is not held on the day
designated in this Section, the members shall conduct the election a meeting of the
members as soon as is convenient. The annual meeting shall be for the purpose of
electing a manager or managers and for transacting any other business which may
properly come before the meeting.
Section Z. Special meetings. Special meetings of the members, for any purpose
or purposes, unless prescribed by statue or by the Articles of Organization of the
company, shall be held when called for by a manager or when requested in writing by the
holders of not less than twenty-five percent of the then existing contributed capital of the
company-
Section
ompany-Section 3. Place. All meetings of the members shall be held within or without the
State of Georgia as shall be designated in the notice of meeting given pursuant to this
Article or in a drily executed waiver of notice of the meeting.
Section 4. Notice. Whenever members are required or authorized to take any
action at a meeting, a written notice of the meeting, stating the place, day and hour of the
meeting and the purpose or purposes for which the meeting is called, shall be delivered
no fewer than 10 nor more than 60 days prior to the date set for the meeting, either by
hand delivery or by first class mail, to each member entitled to vote at the meeting. If
mailed, notice shall be deemed delivered three days after deposit in the United States
mail addressed to the member at his or her address as it appears on the books of the
company, with first class postage prepaid. Written waiver by a member of notice of a
members meeting, signed by him or her, whether before or after the time stated on the
notice, shall be equivalent to the giving of the notice.
Section S. Consent& personal presence of a member shall not be required,
provided a written consent to or rejection of the proposed action is submitted to the
chairman of the meeting. Attendance by a member and voting in person at any meeting
shall revoke any written consents or rejections of the member submitted with respect to
action proposed to be taken at the meeting. Submission of a later dated written consent
or rejection with respect to any action shall revoke an earlier one as to the action. Every
consent or rejection must be signed by the member or his or her attorney-in-fact. All
questions regarding the validity of consents or rejections shall be determinW by the
manager or managers presiding over the meeting.
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Section 6- Action by written consent Any matter on which the members are
authorized to take action under law, the Article of Organization or these Regulations may
be taken by the members without a meeting assembled if written consents to the action by
the members are signed by the members entitled to vote on the action at a meeting and
who hold a majority in interest in the company as may be required by law, by the .Articles
Of Orgarnization or by these Regulations.
Section 7. Adjourned meeting. On a adjournment of a meeting, it shall not be
necessary to give any notice of the adjourned meeting, ,provided that the time and place to
which the meeting is adjourned are announced at the meeting at which the adjournment is
taken, and any business which might have been transacted on the original date of the
meeting may be transacted at the adjourned meeting. It however, after the adjournment,
the manager or managers fix a new record date for the adjourned meeting, a notice of the
adjourned meeting shall be given as provided in Section 4 of this Article to each member
of record on the new record on the new date entitled to vote at such meeting.
Section S. Member quorum and voting. The holders of a majority of the then -
outstanding contributed and not returned capital of the company ("majority in interest of
the members') entitled to vote, represented in person or by written consent, shall
constitute a quorum at a meeting of members, except as otherwise prescribed by law or
by the Articles of Organization of the company. All members present in person or
represented by written consent a the meeting may continue to do business until
adjournment, notwithstanding the withdrawal of enough members to leave Iess than a
quorum, except as prescribed by law or the Articles of Organization. If quorum is
present, the affirmative vote of a majority in interest of the members represented at the
meeting and entitled to vote on the subject matter shall be the act of the members unless
otherwise provided by law, these Regulations or the Articles of Organization of the
company. All questions regarding the qualification of voters and the acceptance or
rejection of votes shall be decided by the manager or managers presiding over the
meeting.
Section 9. Closing of trrraafer books or flung of record date. For the purpose
of determining members entitled to notice of or to vote at any meeting of members or any
adjournment or postponement of any meeting of members, or in order to matte a
determination of members for any other proper purpose, the manager or managers of the
company may provide that the transfer books shall be closed for a stated period, but not
to exceed, in any case, ten days. If the transfer books shall be closed for the purpose of
determining members entitled to notice of or to vote a meeting of members, the books
shall be closed for at least two days immediately preceding the meeting. In lieu of
closing the transfer books, the manager or managers may fix in advance a date as the
record date for any such determination of members, this date in any case to be not more
than one day and, in for any such determination of members is to be taken.
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If the transfer books are not closed and no record date is fixed for the determination of
members entitled to notice of or to vote at a meeting of members, or members entitled to
receive payment of a dividend, the date on which notice of the meeting is mailed shall be
the record date for the determination of members. When a determination of members
entitled to vote at any meeting of members has been made as provided in this section, the
determination shall apply to any adjournment or postponement of the meeting_
ARTICLE M.
MANAGEMENT
Section 1. Manager election, term, and responsibilities. The company shall be
managed by one or more managers. The members shall elect the manager or managers
annually at the annual meeting of the members, and each manager shall serve at the
pleasure of the members. The members shall replace any manager or managers whom
they remove with an interim manager or managers who shall serve until the next annual
meeting of members and until a replacement is qualified and elected. The respective
offices and responsibilities of the managers shall be qualified and elected The respective
offices and responsibilities of the managers shall be determined by resolution of the
members, which may be amended from time to time solely by the members. A manager
need not be a member of the company.
Section 2. Powers. The manager or managers shall have the right or power to do
any of the following "without a vote by the members approving the ads:
(a). Sell, assign, pledge, mortgage or otherwise encumber any of the property,
real, personal or mixed, of the company;
(b). Borrow money in the name of the company or utilize collateral owned by the
company as security for loans;
(c). Assign, transfer, pledge, compromise or release any of the claims of or debts
due the company except on payment in full, or arbitrate or consent to the arbitration of
any of the disputes or controversies between the company and third parties;
(d). Make, execute or deliver any assignment for the benefit of creditors, or any
bond, confession or judgment, chattel mortgage, deed guarantee, indemnity bond, surety
bond, or contract to sell or contract of sale of all or substantially all of the property of the
company; or
(c). Lease or mortgage any real estate of the company or any interest in the real
estate of the company or enter into any contract for any such purpose.
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Section 3. Transfer of company property. Real or personal property owned or
purchased by the company shall be held and owned. and conveyance shall be made, in
the name of the company. When authorized in accordance with Section 2 of this Article,
instruments and documents providing for the acquisition, mortgage, or disposition of
property of the company shall be valid and bind the company if they are executed by one
or more managers of the company_
Section 4. Compenution. The members shall have the authority to approve
reasonable compensation of the manager or managers and to approve reasonable
compensation for any member for the services actually rendered to this company. The
members may, by resolution, reimburse all members and managers for actual expenses
incurred in attending meetings of members.
Section S. Indemnification. The company may indemnify to the fullest extent
permitted by law any person who was or is a party or has threatened, pending or
completed action, suit or proceeding, whether civil, criminal, adrninistzative or
investigative, by reason of the fact that he is a manager of the company, or is or was
serving at the request of the company as a director. officer, employee or agent of any
other company, partnership, joint venture, trust or other enterprise.
ARTICLE W.
FISCAL MATTERS
Section 1. Capital account Each member shall have a capital accormi which
shall be increased by:
(a). The amount of money and the fair market value of property (net of liabilities
that the company assumes or take the property subject to) contributed by him or her to the
company; and
(b). The amount of any company income and gain allocated to him or her, and
shall be decreased by:
(c). The amount of money and the fair market value of property (net of liabilities
that the member assumes or takes the property subject to) distributed to him by the
=iiany; and
(d). Allocations to him or her of company expenditures that arc not deductible in
computing the company's taxable income and am not capital expenditures; and
(e). Allocations to him or her of company loss and deduction.
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A member shall not be entitled to any part of his or her capital account or to receive any
distribution from the company, except as may be authorized by the members or until the
full and complete winding up and liquidation of the business and affairs of the company.
No member shall be entitled or required to make any capital contributions to the company
other than as provided in these Regulations or in the Articles of Organization of the
company. No interest shall be paid on the initial or any subsequent capital contribution to
the company.
Section 2. Profits and Losses. An individual income account shall be maintained
for each member. The net profits or net losses of the company, after providing for the
expenses of the company, shall be distributable or chargeable, as the case may be, to each
of the members according to their pro rata interest in the company as determined with
reference to their respective capital accounts. Profits and losses shall be credited or
debited to the individual income accounts as soon as practicable after the close of each
fiscal year or otherwise as may be agreed to by the members. If there is no balance in a
member's income account, net losses shall be debited to the member's capital account if
the capital account of a member shall. have been depleted by the debiting of losses, future
profits allocable to that member shall not be credited to his or her income account until
the depletion in his or her capital account shall have been made up, but shall be credited
to his or her capital account.
Section 3. Loans. Any member may, but shall not be required to, make loans to
the company in an amount, at a time and on terms as may be approved by resolution of
the members. No loan in this manner shall be considered a contribution to capital. The
company shall not loan or advance funds to any member, nor permit its assets to be
encumbered to secure the obligations of a member, without the prior consent of each of
the other members.
Section & Distributions. Available cash shall be distributable to the members in
Proportion to their respective then existing non returned, contributed capital. Available
cash is (i) that sum of cash resulting from business operations, including sales revenues,
royalties, interest income and any other income derived from sale or use of products
developed by this company plus funds reserved in a previous fiscal year but released
without expenditure, less (ii) all cash wq=sditures, including, but not limited to, real and
personal property taxes, principal and interest payments on all loans made to the
company, insurance, capital requirements, accounting and legal fees and supplies, and
less any amount which the manager or managers may reasonably determine to be
necessary as a reserve for operating expenses, capital improvements, security deposits or
contingencies, but not including cost expenditures previously reserved against in a prior
fiscal year. Distributions of available cash shall be made no less often than annually, as
determined by the manager or managers.
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ARUCLE V.
FINANCIAL STATEMENTS AND BOOKS
Stenion I. Books of account The manager or managers shall keep adequate
books of account of the company which shall record and reflect all of the capital
contributions of the members to the company and all of the expenses and transactions of
the company. The books of account shall be kept at the principal place of business of the
company, and each member and his or her authorized representative shall have, at
reasonable times during normal business hours, free access to and the right to inspect
and, at his or her expense, copy the books of account and all records of the company,
including a list of the names and addresses and interests owned of each of the members.
All books and records of the company shall be kept on the basis of an annual accounting
period ending on DECEMBER 31, except for the final accounting period which shall end
on the dissolution or tcrnunation of the company without reconstitution.
Section 2. Bank accounts, funds, and assets. The company's fimds shall be
deposited in a bank or banks as the manager or managers deem appropriate. These fiords
shall be withdrawn only by the authorized persons as designated by the manager or
managers.
Section 3. Tax returns and reports. The manager or managers at the company's
expense, shall cause income tax returns and reports for the company to be prepared and
timely filed with the appropriate authorities. The manager or managers shall also, at the
company's expense, cause to be prepared and timely filed, with appropriate federal and
state regulatory and administrative bodies, all reports required to be filed with these
entities under then current applicable laws, rules and regulations. Any member shall be
provided with a copy of any such report on request without expense to him or her.
Section 4. Reports and financial statements. The manager.or managers shall, at
the company's expense, provide the following reports and financial statements to the
members:
(a). Within 90 days after the end of each fiscal year, (i) a balance sheet as of the
end of that fiscal year, together with related statements of income, members' equity, and
changes in financial position, (the balance sheet and statements to be prepared in
accordance with generally accepted accounting principles and applicable law and shall be
accompanied by an auditor's report containing an unqualified opinion of the independent
certified public accountants preparing such report), and (ii) a report of the activity of the
company for the fiscal year, and
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(b). Within 60 days after the cud of each fiscal quarter, a report of the period
containing an unaudited balance sheet, statement of income and statement of changes in
financial position and a report covering the activities of the company for the quarter; and
(e). As soon as practicable after the end of each fiscal year but not later than
March 15*", all information necessary for the preparation of a member's federal income
tax returns.
ARTICLES Vl.
DISSOLIMON AND LIQUIDATION
The company shall be dissolved on the death, retirement, resignation, expulsion,
benluuptcy or dissolution of a member or manager, or on the occurivnce of any other
event which terminates the continued membership of a member in the company, unless
the business of the company is continued by the written consent of all the remaining
members, provided there arc at least two remaining members. On the company's
dissolution, the members shall appoint a liquidating agent who, at the direction of the
members will proceed to make a full and general accounting of the assets and liabilities
of the company, liquidate the assets of the company, discharge its liabilities, and
otherwise wind up the affairs of the company. Profits and Iosses accruing during the
course of the liquidation will continue to be allocated among the member as set forth in
Section 2 of Article N. A reasonable time shall be allowed for the orderly liquidation of
the assets of the company and the discharge of liabilities to creditors so as to minimize
the normal losses attendant on a liquidation; provided, however, that in no event shall the
liquidation of the assets of the company, the payment of creditors, and the distribution of
company assets to the members occur more than 90 days after the occurrence of the event
causing the dissolution of the company. On completion of the liquidation of the
company's assets and the restahmncnt of the members' capital accounts pursuant to
Section l of Article IV, any member with a deficit capital account shall be required to
restore such deficit to the company in accordance with Internal Revenue Service,
Department of Treasury Regulations Section 1. 704-1(bx2)(t)(b)(3). Any assets of the
company remaining after liquidation shall then be applied as follows:
(a). First, to pay and discharge al) the company's debts and other liabilities not already
satisfied.
(b). Second, to establish a reserve for contingent liabilities of the company, if any, in an
amount agreed to by the members.
(c). Last, the balance to the members in proportion to their respective positive capital
accounts m accordaacc with Internal Revenue Service, Department of Treasury Reg,
Section 1.704-1; 1(b)(2)(ii)(b)(2).
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ARTICLE VII.
OPERATTNG AGREEMENT AMENDMENT
This Operating Agreement may be altered, amended, added to or repealed only by an
affirmative majority vote of the members at any special meeting of the members, if notice
of the proposed alteration, amendment, addition or repeal is contained in the notice of the
meeting. This Operating Agreement is intended to govern and teenage the affairs of the
limited liability company, and no provision of this Operating Agreement, amended or
otherwise, shall be inconsistent with law or the articles of organization.
This certifies that the preceding constitutes the Operating Agreement of WOODEN
CROSS INVESTMENTS, LLC. as adopted on AUGUST 25, 2005 by the members of the
company, all of whom sign below.
/��ERR, MR&MER
N
---'9-4�
BRAD OG S, MEMBER
BROKER ESTOPPEL LETTER
STATE OF GEORGIA
COUNTY OF FULTON
PERSONALLY appeared before the undersigned attesting officer, duly authorized by law
to administer oaths, Brian Patton, representing Capital Realty Advisors, LLC (hereinafter
'Broker"), who, being first duly sworn, deposes and says on oath as follows:
Broker is a licensed Georgia real estate broker who has rendered brokerage services to
Wooden Cross Investments, LLC, Seller, in connection with the management, sale, purchase, lease,
option or other conveyance of the real property being more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference and being the subject of a Warranty Deed of
even date from Seller to City of Milton, Georgia, Purchaser.
As an inducement to Jarrard & Davis to close the transfer of the subject property, and to any
title insurance company insuring any aspect of the subject matter transaction, the undersigned
Broker represents and warrants that said Broker has been engaged by Seller in connection with the
management, sale, purchase, lease, option or other conveyance of any interest in the subject real
estate related to the within transaction, and all compensation due or to become due to the
undersigned has been paid, and the undersigned has not filed or caused to be filed any lien or claim
of lien against the subject matter property.
Sworn to and subscribed before
the undersigned this the 15th
day of February, 2011.
>-? --7-7 � 07
Notary Public
My Commission Expires:
/I-2�-14
(N(
"BROKER"
Capital Realty Advisors, LLC
Brian Patton
(SEAL)
Exhibit A
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the
2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest corner of Land
Lot 898, thence proceed North 01 degrees 32 minutes 25 seconds East a distance of 83.78 feet to
an iron pin found on the western line of Land Lot 898; this being the TRUE POINT OF
BEGINNING.
THENCE proceed South 01 degrees 32 minutes 25 seconds West a distance of 83.78 feet to a
0.5" OTP;
THENCE proceed South 00 degrees 40 minutes 26 seconds East a distance of 151.04 feet to a #4
rebar with cap;
THENCE proceed North 89 degrees 33 minutes 07 seconds East a distance of 910.50 feet to a
PK nail set;
THENCE proceed North 03 degrees 00 minutes 40 seconds West a distance of 236.80 feet to a
94 rebar with cap;
THENCE proceed South 89 degrees 26 minutes 15 seconds West a distance of 897.60 feet to a
#4 rebar being the TRUE POINT OF BEGINNING.
Containing 4.90 acres of land (213,303 Square feet), more or less, described on a survey by
Frontline Surveying & Mapping, Inc., job number 44754, dated 11/27/2010, last revised
01/25/2011, also being known as 13690 Alpharetta Highway in Fulton County, Georgia.
.gyp
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the
2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest corner of Land
Lot 898, thence proceed North 01 degrees 32 minutes 25 seconds East a distance of 83.78 feet to
an iron pin found on the western line of Land Lot 898; THENCE proceed North 89 degrees 26
minutes 15 seconds East a distance of 897.60 feet to a #4 rebar with cap, being the TRUE
POINT OF BEGINNING.
THENCE proceed South 03 degrees 00 minutes 40 seconds a distance of 236.80 feet to a PK nail
set in the asphalt; THENCE proceed North 89 degrees 33 minutes 07 seconds East a distance of
14.28 feet to a PK nail set in the asphalt. THENCE proceed North 04 degrees 09 minutes 23
seconds West a distance of 237.08 feet to an X scribed into the existing sidewalk; THENCE
proceed South 89 degrees 26 minutes 15 seconds West a distance of 9.54 feet to a #4 rebar with
cap, being the TRUE POINT OF BEGINNING.
Containing 0.06 acres of land, more or less, described on a survey by Frontline Surveying &
Mapping, Inc., job number 44754, dated 11/27/2010, last revised 01/25/2011, also being known
as 13690 Alpharetta Highway in Fulton County, Georgia.
CLOSING STATEMENT
PURCHASER: City of Milton, Georgia
SELLER: Wooden Cross Investments, LLC
PROPERTY: 13690 Highway 9, Milton, Fulton County, Georgia
Tax Parcel No. 22-5250-0903-007-3
4.96 acres
DATE: February 15, 2011
Purchase Price $ 1,396,000.00
Earnest Money Payment $ 68,900.00
Broker's Commission (5.5%) Capital Realty Advisors, LLC $ 76,780.00
Seller's Prorated Estimated 2011 County Taxes $ 387.26
Seller's Prorated Estimated 2011 City Taxes $ 63.11
NET DUE SELLER S 1,249,869.63
Purchaser:
City 9,f Milton, Georgia
Seller:
4,2S.
idnes Brady Ro ers, ember
BUYER/SELLER CERTIFICATION
Buyer: CITY OF MILTON, GEORGIA
Seller: WOODEN CROSS INVESTMENTS, LLC
Settlement Agent: JARRARD & DAVIS, LLP
(678)455-7150
Place of Settlement: 13000 DEERFIELD PARKWAY, SUITE 107A
MILTON, GA 30004
Settlement Date: FEBRUARY 15, 2011
Property Location: 13690 HIGHWAY 9, MILTON, FULTON COUNTY, GEORGIA
TAX PARCEL NO. 22-5250-0903-007-3
4.96 ACRES
The Buyer and Seller this date have checked, reviewed and approved the figures appearing on
the Closing Statement. Seller acknowledges payment in full of the proceeds due Seller from the
settlement.
As part of the consideration of this sale, the contract between the parties is by reference
incorporated herein and made a part hereof, with the parties noting that, except as expressly
contained on said contract, Buyer's purchase of the property described therein is on an AS -IS,
WHERE -IS basis and WITH ALL FAULTS and that Seller's obligations to Buyer under said
contract, end upon delivery of the warranty deed contemplated therein, except as expressly set
forth in said contract.
I have carefully reviewed the Closing Statement and to the best of my knowledge and belief, it is
a true and accurate statement of all receipts and disbursements made on my account or by me in
this transaction. I further certify that I have received a copy of the Closing Statement.
CITY O T G ORGIA
BY: 0
C ris L erblo m, City Manager
WITNESS:
WOODEN CROSS INVESTMENTS, LLC
BY: i - - J
Jates Brady Rog e , Me er
To the best of my knowledge, the Closing Statement which I have prepared is a true and accurate account of the funds
which were received and have been or will be disbursed by the undersigned as part of the/settlement of this transaction.
JARRAR AVIS, KeP
Settlement Agent
REPRESENTATION/DISCLOSURE AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized by law to
administer oaths, James Brady Rogers, Member of Wooden Cross Investments, LLC (hereinafter
"Seller"), and Chris Lagerbloom, as City Manager, City of Milton, Georgia (hereinafter 'Buyer")
who, being first duly sworn, depose and say on oath as follows:
Buyer is the purchaser of that real property more particularly described in a Warranty Deed
of even date herewith from Seller to Buyer.
As an inducement Purchaser to close on the transfer of the subject property, and to any title
insurance company insuring any aspect of the subject matter transaction, and their respective
attorneys, the undersigned represent that the only broker which has been engaged by either party
with regard to the management, sale, purchase, lease, option or other conveyance of any interest in
the subject real estate is Capital Realty Advisors, LLC, representing Seller.
Seller and Buyer further represents that neither has received notice of any lien for services
as described herein.
Sworn to and subscribed
before me this 15th day
of February, 2011.
Notary Public
4 A M t,I
1000 to
16 x i
For Seller:
� 8.a�, 92X ;"-/
J es Brady Iger s, Member
1
'ity of Milton, GA
SELLER CERTIFICATION
DATE: February 15, 2011
Name
Wooden Cross Investments, LLC
Address
275 W. Haynes Road
Canton, Georgia 30114
I. Request for Taxpayers Identification
Social Security or Taxpayer 1. D. number: _20-3358836_
Certification — Under penalties of perjury, I certify that:
(1) The number shown on this form is my correct taxpayer identification number (or I
am waiting for a number to be issued to me), and
(2) 1 am not subject to backup withholding because: (a) I am exempt from backup
Withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am
subject to backup withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding.
II. Section 1445 Certification
1. Section 1445 of the Internal Revenue provides that a Purchaser of a U.S. real
Property interest must withhold tax if the Seller is a foreign person. To inform the
Purchaser that withholding of tax is not required upon this disposition of a U.S. real
property interest. The undersigned Seller hereby certifies the following:
a. Seller is not a nonresident alien for purposes of U.S. income taxation.
2. This certification may be disclosed to the Internal Revenue Service by Purchaser
and that any false statement made herein could be punishable by fine, imprisonment or
both.
3. Under penalties of perjury Seller declare that Seller has examined this
Certification and to the best of Seller's knowledge and belief it is true, correct and
complete.
III. Affidavit of Georgia Residency: (O.C.G.A. Section 48-7-128)
Seller(s) are exempt from withholding on the sale of this property because:
Wooden Cr2pbjnvestments, LLC
✓ Seller is resident of Georgia.
Seller is not a resident of Georgia, but is deemed a resident for purposes of withholding by virtue of
the following:
Seller is a nonresident who has filed Georgia tax returns for the
preceding two years; and
Seller is an established business in Georgia and will continue and will continue
substantially the same business in Georgia after the sale OR the seller has real
property in the State at the time of closing of equal or greater value that the
withholding tax liability as measured by the 100% property tax assessment of
such remaining property; and
Seller will report the sale on a Georgia Income Tax return for the current year and
file by its due date; and
If seller is a corporation or limited partnership, seller is registered to do business in
Georgia. Under penalty of perjury, I swear that the above certification and to the
best of my knowledge and belief, true, correct, and complete.
Seller's personal residence.
Brady
Notary Public
My commission expires
J
VSAM
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140%
10
Purchaser's Name: City of Milton, Georgia
Closing Date: February 15, 2011
AFFIDAVIT OF EXEMPTION FROM WITHHOLDING
Wooden Cross Investments, LLC
275 W. Haynes Road
Canton, Georgia 30114
Street Address
SS or Fed ID # 20-3358836
If seller is not exempt, 3% of the sales price or gain on the transfer must be withheld. Sellers are exempt only if the meet the
criteria outlined below. Seller is not required to withhold if this affidavit is submitted to the Department of Revenue in Lieu of a
withholding tax return. (INITIAL WHERE APPLICABLE)
1. RESIDENCE EXEMPTION:
Seller is exempt from withholding on the sale of property because:
(INITIAL WHERE APPLICABLE)
Seller is a resident of Georgia
Seller is a non resident of Georgia, but is deemed a resident for purposes of withholding by virtue of the following.
(ALL MUST APPLY)
Seller is a non resident who has filed Georgia Tax Returns for the preceding two years; and
Seller is an established business in Georgia and will continue substantially the same business in Georgia after the
sale of the seller has real property in Georgia at the of closing of equal or greater value than the withholding tax liability a
measured by the 100% property tax assessment of such remaining property ; and
Seller will report the sale on a Georgia Income Tax return for the current year and file by its due date; and
If seller is a corporation or limited partnership, Seller is registered to do business in Georgia.
2. OTHER QUALIFYING EXEMPTION:
This is to certify that the seller of this property is not a resident of Georgia, but is exempt from the withholding provisions of
O.C.G.A. 48-7-128 by virtue of the following:
The property being sold is the seller's principal residence.
The seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer of lieu
of foreclosure with no additional consideration.
The seller is an agency or authority of the U.S.A.
The seller is the Federal National Mortgage Association.
The seller is the Governmental National Mortgage Association.
The seller is a private mortgage insurance company.
The purchase price of the property is less than $20.00
The seller is subject to withholding under O.C.G.A. 48-7-129, and a composite return has been filed on the seller's
behalf.
3. AFFIDAVIT OF SELLER'S GAIN (IF NOT EXEMPT)
UNDER PENALTY OF PERJURY, I SWEAR THAT THE ABOVE INFORMATION IS, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, TRU , CORRECT, AND COMPLETE.
ptillif///#11, Wooden Cross vestm ts, LLC
Witness A�9:���� u..,✓„`/
Sworn and subscribed before me
This 15'' day of February, 2011.
Notary Public
- 00T�-J-". es Brady
Mb A
N".
ber
SELLER'S AFFIDAVIT
PERSONALLY appeared before the undersigned Notary Public, James Brady Rogers,
Member of Wooden Cross Investments, LLC (hereinafter "Seller"), who being first duly sworn,
deposes and says on oath as follows:
That he knows the facts contained herein of his own personal knowledge, is duly authorized
and is qualified to make this Affidavit, and makes this Affidavit for the purpose of inducing the City
of Milton, Georgia (hereinafter "Purchaser") to purchase from Seller the hereinafter described
property and for the further purpose of inducing a title insurance company of Purchaser's choice to
issue a policy or policies of title insurance on said property in favor of the Purchaser.
2.
Seller is the owner of the marketable fee simple title to real property (the "Property") located
in Fulton County, Georgia, which property is more particularly described in Exhibit "A" attached
hereto. Deponent avers that to the best of his knowledge said Property is free of all liens and
encumbrances other than those specifically set forth in Deponent's Exhibit "B" attached hereto.
3.
Seller has not contracted for, has not allowed, and is not aware of any improvements or new
construction on said Property nor any contracts entered into within ninety five (95) days for labor,
materials or services with respect to improvements or new construction which would be the basis of
a lien against said Property under Georgia law, including architect's fees, any such improvements or
new construction having been paid for in full at the agreed price, including payment for any
appliances or fixtures that are located upon said Property.
H
Seller further states that there are no outstanding or unpaid notes, security instruments or
financing statements covering appliances or fixtures located upon or affixed to said Property.
5.
Seller further states that, there are no outstanding or unpaid judgments, executions, alimony
decrees, bankruptcy or other insolvency proceedings against Seller anywhere in the United States
nor any tax assessments or liens of any kind other than current year taxes against said Property and
those items specifically set forth in Exhibit "A".
Seller further states that, to Seller's best knowledge, the lines and corners of said Property
are clearly marked and there are no disputes concerning the location of the lines and corners of the
subject Property. All improvements on said Property are located within the boundaries of said
Property and are not in violation of any applicable zoning regulations, covenants or restrictions.
7.
Seller further states that there are presently no persons or entities which have a possessory
right to said Property, or are in actual possession, other than Seller.
Seller further states that Seller is not surety on any bond that through default of the principal
therein a lien would be created on said Property.
a
Seller will deliver possession of said Property to Purchaser no later than day of closing.
10.
Seller acknowledges that the representations set forth in this affidavit are being relied upon
by Purchaser, Purchaser's attorney and any title insurance company providing title insurance to
Purchaser with respect to the Property.
Sworn to and subscribed
before me this 15th day
of February, 2011.
J?2Z-4—&J � 0"y
Notary Public Jar4s Brady Ro s
(NOTARY SEAL)
Exhibit A
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the
2nd District, 2nd Section, of Fulton County, Georgia and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest corner of Land
Lot 898, thence proceed North 01 degrees 32 minutes 25 seconds East a distance of 83.78 feet to
an iron pin found on the western line of Land Lot 898; this being the TRUE POINT OF
BEGINNING.
THENCE proceed South 01 degrees 32 minutes 25 seconds West a distance of 83.78 feet to a
0.5" OTP;
THENCE proceed South 00 degrees 40 minutes 26 seconds East a distance of 151.04 feet to a #4
rebar with cap;
THENCE proceed North 89 degrees 33 minutes 07 seconds East a distance of 910.50 feet to a
PK nail set;
THENCE proceed North 03 degrees 00 minutes 40 seconds West a distance of 236.80 feet to a
#4 rebar with cap;
THENCE proceed South 89 degrees 26 minutes 15 seconds West a distance of 897.60 feet to a
#4 rebar being the TRUE POINT OF BEGINNING.
Containing 4.90 acres of land (213,303 Square feet), more or less, described on a survey by
Frontline Surveying & Mapping, Inc., job number 44754, dated 11/27/2010, last revised
01/25/2011, also being known as 13690 Alpharetta Highway in Fulton County, Georgia.
Exhibit B
1. Reciprocal Easement Agreement between Wooden Cross Investments L.L.C. and Bethany
Ben Village, LLC, dated May 9, 2006, filed August 10, 2006 in Deed Book 43203, page 468.
2. Right of Way Deed to Department of Transportation filed April 3, 2007, in Deed Book
44750, page 203.
3. Right of Way Deed to Department of Transportation filed April 2, 2007, in Deed Book
44737, page 456.
4. Right of Way Easement to Southern Bell and Telegraph Company filed April 5, 1990 in Deed
Book 13319, page 328.
5. Boundary Line Agreement between Extra Attic, Windward, LLC, Wilbur M. Combs and
Myra B. Combs dated January 28, 2000 in Deed Book 28560, Page 134.
6. All matters and state of facts depicted on that plat of survey for City of Milton, dated
November 27, 2010, by Frontline Surveying & Mapping, Inc. under seal of Thomas Edward
Peay, Jr., GRLS No. 2402.
4
AFTER RECORDING. PLEASE RETURN TO:
Paul N. Higbee, Jr.
Attorney at Law
Jarrard & Davis, LLP
105 Pilgrim Village Drive
Suite 200
Cumming, Georgia 30040
WARRANTY DEED
STATE OF GEORGIA
COUNTY OF FULTON
THIS INDENTURE, made this 15th day of February, 2011, between Wooden Cross
Investments, LLC, a Georgia limited liability company (hereafter in this Indenture known as
"Grantor"), and City of Milton, Georgia (hereafter in this Indenture known and designated as
"Grantee").
WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars and other
valuable consideration to Grantor in hand paid, at and before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed
and does by these presents grant, bargain, sell and convey to Grantee, and Grantee's respective
heirs, successors and assigns, all of the following described land and interests in land, estates,
easements, rights, improvements, property, fixtures, equipment, furniture, furnishings, appliances
and appurtenances, (hereinafter collectively referred to as the "Premises):
(a) All that tract or parcel of land lying and being in Land Lots 898 and 903 of the 2nd
District, 2nd Section of Fulton County, Georgia being more particularly described in
Exhibit "A" attached hereto and made a part by reference hereof.
(b) All buildings, structures and other improvements now located on the Land; and
(c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys,
passages, sewer rights, water, water courses, water rights and powers, minerals, flowers, shrubs,
crops, trees, timber and other emblements now located on the Land or under or above the same or
any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements,
hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever,
in any way belonging, relating, or appertaining to the Premises or any part thereof, or which
hereafter shall in any way belong, relate or be appurtenant thereto, now owned by Grantor.
TO HAVE AND TO HOLD the Premises and all parts, rights, members and appurtenances
thereof, to the use, benefit and behoof of Grantee and the successors and assigns of Grantee, IN
FEE SIMPLE, forever; and Grantor covenants that Grantor is lawfully seized and possessed of the
Premises, as aforesaid, and has good right to convey the same, that the same is unencumbered,
except for those matters expressly set forth in Exhibit "B" attached hereto and by this reference
made a part hereof, and that Grantor does warrant and will forever defend the title thereto against
the claims of all persons, except as to those matters set forth in said Exhibit "B" attached hereto and
by this reference made a part hereof.
IN TESTIMONY WHEREOF, Grantor has hereunto set Grantor's hand and affixed
Grantor's seal the day and year first above written.
Signed, sealed and delivered
on the 15`h day of February,
2011, in the presence of:
Unofficial Witn s
,<m6 , /I
Notary Public
(NOTARY
2
Wooden Cross Investments, LLC
By: L(SEAL)
JanQes Brady ogers, Member
Exhibit A
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd
District, 2nd Section, of Fulton County, Georgia and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest corner of Land Lot
898, thence proceed North 01 degrees 32 minutes 25 seconds East a distance of 83.78 feet to an
iron pin found on the western line of Land Lot 898; this being the TRUE POINT OF
BEGINNING.
THENCE proceed South 01 degrees 32 minutes 25 seconds West a distance of 83.78 feet to a
0.5" OTP;
THENCE proceed South 00 degrees 40 minutes 26 seconds East a distance of 151.04 feet to a 44
rebar with cap;
THENCE proceed North 89 degrees 33 minutes 07 seconds East a distance of 910.50 feet to a
PK nail set;
THENCE proceed North 03 degrees 00 minutes 40 seconds West a distance of 236.80 feet to a
#4 rebar with cap;
THENCE proceed South 89 degrees 26 minutes 15 seconds West a distance of 897.60 feet to a
44 rebar being the TRUE POINT OF BEGINNING.
Containing 4.90 acres of land (213,303 Square feet), more or less, described on a survey by
Frontline Surveying & Mapping, Inc., job number 44754, dated 11/27/2010, last revised
01/25/2011, also being known as 13690 Alpharetta Highway in Fulton County, Georgia.
3
Exhibit B
1. Reciprocal Easement Agreement between Wooden Cross Investments L.L.C. and Bethany
Ben Village, LLC, dated May 9, 2006, filed August 10, 2006 in Deed Book 43203, page 468.
2. Right of Way Deed to Department of Transportation filed April 3, 2007, in Deed Book 44750,
page 203.
3. Right of Way Deed to Department of Transportation filed April 2, 2007, in Deed Book 44737,
page 456.
4. Right of Way Easement to Southern Bell and Telegraph Company filed April 5, 1990 in Deed
Book 13319, page 328.
5. Boundary Line Agreement between Extra Attic, Windward, LLC, Wilbur M. Combs and
Myra B. Combs dated January 28, 2000 in Deed Book 28560, Page 134.
6. All matters and state of facts depicted on that plat of survey for City of Milton, dated
November 27, 2010, by Frontline Surveying & Mapping, Inc. under seal of Thomas Edward
Peay, Jr., GRLS No. 2402.
4
UPON RECORDING, PLEASE RETURN TO:
Paul N. Higbee, Jr.
Attorney at Law
Jarrard & Davis, LLP
105 Pilgrim Village Drive
Suite 200
Cumming, Georgia 30040
QUIT CLAIM DEED
STATE OF GEORGIA
COUNTY OF FULTON
THIS INDENTURE, made this 15`" day of February, 2011, between Wooden Cross
Investments, LLC, a Georgia limited liability company, as party of the first part, (hereinafter
"Grantor"), and City of Milton, Georgia, as party of the second part, (hereinafter "Grantee").
WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration in hand paid, the receipt and legal sufficiency of which
are hereby acknowledged, has bargained, sold, and does by these presents sell, remise, convey and
forever QUIT CLAIM to Grantee, Grantee's successors and assigns, all of Grantor's interest in that
certain property and improvements and/or appurtenances thereunto attached or serving, to wit:
All that tract or parcel of land lying and being in Fulton County, Georgia, being
more particularly described in Exhibit "A" attached hereto and incorporated herein
by this reference.
TO HAVE AND TO HOLD the said described premises unto the Grantee so that neither the
said Grantor nor Grantor's successors or assigns, nor any other person or persons claiming under
1
Grantor shall at any time, by any means or ways, have claim or demand any right, title, or interest to
the aforesaid described premises or appurtenances, or any rights thereof.
The purpose of this deed is to convey any and all interest of Grantor in and to subject
property.
IN WITNESS WHEREOF, Grantor has hereunto set his/her hand and seal, the day and year
above written.
Signed, sealed and delivered
on the 15th day of February,
2011, in the presence of:
Unofficial Witne
No Pry ublic
(NOTARY SEAL)
M
E
Wooden Cross Investments, LLC
By: U(SEAL)
Jar4s Brady ers, ember
Exhibit "A"
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 898 & 903 of the 2nd
District, 2nd Section, of Fulton County, Georgia and being more particularly described as
follows:
TO FIND THE TRUE POINT OF BEGINNING, commence at the Southwest corner of Land Lot
898, thence proceed North 01 degrees 32 minutes 25 seconds East a distance of 83.78 feet to an
iron pin found on the western line of Land Lot 898; THENCE proceed North 89 degrees 26
minutes 15 seconds East a distance of 897.60 feet to a #4 rebar with cap, being the TRUE POINT
OF BEGINNING.
THENCE proceed South 03 degrees 00 minutes 40 seconds a distance of 236.80 feet to a PK nail
set in the asphalt; THENCE proceed North 89 degrees 33 minutes 07 seconds East a distance of
14.28 feet to a PK nail set in the asphalt. THENCE proceed North 04 degrees 09 minutes 23
seconds West a distance of 237.08 feet to an X scribed into the existing sidewalk; THENCE
proceed South 89 degrees 26 minutes 15 seconds West a distance of 9.54 feet to a #4 rebar with
cap, being the TRUE POINT OF BEGINNING.
Containing 0.06 acres of land, more or less, described on a survey by Frontline Surveying &
Mapping, Inc., job number 44754, dated 11/27/2010, last revised 01/25/2011, also being known
as 13690 Alpharetta Highway in Fulton County, Georgia.
191
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: February 14, 2011
Meeting Date: February 23, 2011
Agenda Item: Approval of a Facility Use Agreement between the City of Milton and Fulton
County Board of Education for the Use of Birmingham Falls Elementary
School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Due to the lack of parks and recreation facilities currently
available in Milton, the City has elected to enter into agreements with Fulton County Board of
Education for the use of facilities at various schools here in Milton.
Discussion:
We began discussions with FCBE regarding the use of various schools last June. They have been
through a long process of consolidating and simplifying their IGA process with several cities
throughout Fulton County. Due to this revamping, it has taken several months to reach the
point of a finalized template for IGAs between the City of Milton and FCBE. We have now
reached a mutually agreed upon template and will begin with IGAs for the use of two schools
including Cogburn Woods and Hopewell Middle School. Because Birmingham Falls
Elementary School has a new principal, we have elected to begin a relationship through a
standard Facility Use Agreement. We hope to finalize an IGA with BFES in the coming weeks.
This Facility Use Agreement will allow us to utilize field space at BFES for the new i9 Sports
coed youth flag football program on Sundays from noon to 5 p.m.
Attachments:
A Facility Use Agreement between the City of Milton and Fulton County Board of Education
for the Use of Birmingham Falls Elementary School
BOARD OF EDUCATION Linda Schultz, President Linda P. Bryant, Vice President Julia C. Bernath • Gail Dean Catherine Maddox • Linda McCain • Katie Reeves Cindy Loe, Ph.D., Superintendent FACILITIES SERVICES DEPARTMENT 5270 Northfield Boulevard College Park, Georgia 30349. 404-765-7157• www.fultonschools.org Rules Governing Use of Facilities by Outside Organizations Outside Organizations shall follow these additional rules governing use of school facilities 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion, creed, sex , national origin or disability. 2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees are not permitted to give their building keys to an outside organization. 3. Gen eral Liability Insurance in the amount of $1 million (minimum ) combined single limit coverage is required. $1 million (minimum) Auto Liability coverage is required . Worker’s Compensation coverage is required , if applicable . A Certificate of Insurance must be provided at the time the contract is signed. Fulton County Board of Education must be listed as an “Additional Insured” on the policy. 4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office. 5. Signs, banners, permits, etc ., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and only if such displays do not deface school property. 6. Adequate supervision, as approved by the principal, must be present for activities involving children. 7. Parking is permitted only in designated areas. 8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 11. All activities must be orderly and lawful, and must comply with all federal, state and local laws. 12. Use of lighted athletic fields must end by 10:00 p.m. 13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the principal and written approval from the Fire Marshall. 14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement. The organization is responsible for cleanup for all areas used. 15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 16. The use of tobacco products is prohibited in school facilities and on school property. 17. School facilities that are av ailable for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens (System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concessi on facilities, media centers, conference rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school principal. Use of System personnel may be required at the principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case -by-case basis. 18. Outside organizations may use tables and chairs if requested in advance. A set -up fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, technical or laboratory equipment. 19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case -by-case basis by the Rental Office , in consultation with the building supervisor. 20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems , or to the structure or grounds of the facility. 21. Outside organizations may not sublease school facilities to other organizations or individuals , or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities. 23. School facilities shall not be used for anything other than use(s) approved in the use agreement. 24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found. 25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay a ll applicable fees at leas t three working days prior to use. Revised 1/24 /1 1
BOARD OF EDUCATION Linda Schultz , President Linda P. Bryant, Vice President Julia C. Bernath • Gail Dean Catherine Maddox • Linda McCain • Katie Reeves Cindy Loe, Ph.D., Superintendent FACILITIES SERVICES DEPARTMENT 5270 Northfield Boulevard College Park, Georgia 30349. 404 -765-7157• www.fultonschools.org FULTON COUNTY PUBLIC SCHOOLS USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education. 1. Name of Organization _____City of Milton______________________________________________________________________________________ 2. Responsible Representative ___Cyndee L. Bonacci ______________________________________Director of Parks and Recreation ________________ Print name of authorized agent/representative Title Address ____13000 Deerfield Parkway, Suite 107 A, Milton, Georgia 30043 __________________________________________________________ Phone (W) ____678 -242 -2489 ________________ (H) ____770 -825 -3095 _____________________ Fax _____678 -242 -2499 ___________________ 3. School Requested (name) _Birmingham Falls Elementary School ___Type of Activity/Purpose __Youth Flag Football Recreational Program _______ 4. Date (s) and Time Requested __Sundays, March 13 –May 29, 2011__________________________a.m. __12_ p.m. UNTIL _____a.m. __5____ p.m. Areas to be Leased _Multipurpose/Play Field _, ______________________, ______________________, _______________________________ 5. Number of persons expected to attend ______100 -150 ____________________________________________________________________________ 6. Organization’s Policy Number ___MI-6____________________________Policy Limit (minimum $1 million) $_1,000,000 _____________________ Auto Liability Coverage (minimum $1 million) $_1,000,000 _________. Worker’s Compensation, if applicable $____________________________ 7. Do you want to charge an admission fee? No If yes , in what amount? Adult $ ____________Child $___________ Other $____________________ NOTE: Prior approval of Rental Office is required in order to charge admission. 8. Will this activity be a fundraiser? _No____If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination letter to application. 9. Do you want to serve refreshments? __No _____NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and beverages are not allowed in school buildings except in the cafeteria. A clean -up fee/deposit may be charged if food and/or beverages are served. 10. The Organization’s Representative (s) ha s/have read and agrees to the facility use terms and conditions on the back of this agreement. 11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS ” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m. FEE SCHEDULE OTHER NOT - FOR - PROFIT YOUTH LEASED AREAS Mark Leased Area with X Minimum Fee (2 hours) Hourly Rate above Minimum Minimum Fee (2 hours) Hourly Rate above Minimum Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00 Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00 Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00 Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00 PE Multi -Purpose Room $32.00 $16.00 $16.00 $8.00 Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00 Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00 Cafeteria, High School $46.00 $23.00 $24.00 $12.00 Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00 Theate r/Auditorium $62.00 $31.00 $32.00 $16.00 Media Center, Elementary School $32.00 $16.00 $16.00 $8.00 Media Center, MS or HS $46.00 $23.00 $24.00 $12.00 Classroom $16.00 $8.00 $8.00 $4.00 Concession Stands $16.00 $8.0 0 $8.00 $4.00 Non -Stadium Field, no light use $24.00 $12.00 $12.00 $6.00 Non -Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00 Stadium Field, no light use $32.00 $16.00 $16.00 $8.00 Stadium Lighting adder $52.00 $26.00 $26.00 $13.00 Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00 Track, High School $32.00 $16.00 $16.00 $8.00 Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00 Parking Lot $16.00 $8.00 $8.00 $4.00 Teaching Museum $62.00 $31.00 $32.00 $16.00 ADDITIONAL CHARGES: STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup. To be completed by School: Custodial overtime required? Yes ___No ___; Custodial Overtime $______per hour (include fringe benefits). Total Custodial Costs - Hours worked ______ x $_______ = $_________. Technician (for Theater) $___________ per hour (include fringe benefits) Security Personnel $___________ pe r hour (include fringe benefits). School Bathroom Products utilized (paper towels , toilet tissue, soap, etc). TOTAL COST $_____________________. ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Princi pal on a case-by-case basis) such as deposit, extraordinary utility use, and maintenance charge. CHARGE FOR USE: Facilities $ ________________ + Additional Charges $____________________ = Total Charges $ ______________________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from the organization’s use of Sc hool Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use. The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to inde mnify FCBE against any liability whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does not intend to and does not hereby create any right of rem edy in any third person. _____________________________________________________ _________________________________________________________________ Organization Representative’s Signature Date Principal’s Signature Date FULTON COUNTY BOARD OF EDUCATION Reason for Denial: (If Applicable) *Time Conflict __________ _________________________________________________________________ *Unsatisfactory previous experience w/group _______ Rental Office /Land Management Coordinator Date *No employee available for security, custodial, etc. ___________ * Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the a mount of $_________per (check one) ____day ; ______week; ________month; _______Year
City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: February 14, 2011 Meeting Date: February 23, 2011 Agenda Item: Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Cogburn Woods Elementary School Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Due to the lack of parks and recreation facilities currently available in Milton, the City has elected to enter into agreements with Fulton County Board of Education for the use of facilities at various schools here in Milton. Discussion: We began discussions with FCBE regarding the use of various schools last June. They have been through a long process of consolidating and simplifying their IGA process with several cities throughout Fulton County. Due to this revamping, it has taken several months to reach the point of a finalized template for IGAs between the City of Milton and FCBE. We have now reached a mutually agreed upon template and will begin with IGAs for the use of two schools including Cogburn Woods. Two to three other IGAs should follow shortly once details are finalized. The standard IGA will be for a term of five years with the City agreeing to make certain improvements, most in year one, and maintaining spaces at the schools. Through these agreements we will be able to secure field space for current and future programs as well as have access to indoor space for select programs. Attachments: An Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Cogburn Woods Elementary School
BOARD OF EDUCATION Linda Schultz, President Linda P. Bryant, Vice President Julia C. Bernath • Gail Dean • Catherine Maddox Linda McCain • Katie Reeves Cindy Loe, Ph.D., Superintendent LAND MANAGEMENT 5270 Northfield Blvd., College Park, Georgia 30349 • 404-669-8980 • www.fultonschools.org Cogburn Woods Elementary School INTERGOVERNMENTAL LEASE AGREEMENT THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as “City”) and the FULTON COUNTY BOARD OF EDUCATION , a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as “FCBE”). Background Information A. FCBE owns certain real property located at 13080 Cogburn Road, Milton, Ga (the “Elementary School Property”), on which Cogburn Woods Elementary School (the “Elementary School”) is located. The Elementary School Property is hereinafter referred to as the “School Property.” The Elementary School is also referred to herein as a “School.” B. A multi -purpose field (exterior School Facilities) and gymnasium and cafeteria (interior School Facilities) (the “Elementary School Facilities”) are located on the Elementary School Property. The Elementary School Facilities hereinafter referred to as the “School Facilities,” as identified on Exhibit A.1 and A.2. C. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: 1. Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: a. FCBE expressly reserves priority to use the interior School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 6:30 p.m., Monday through Friday, during each Academic Year and reserves priority to use the exterior School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year and during the Term of the Agreement. FCBE and City expressly agree that during such times, the School
Facilities may be used for the activities of any Fulton County School. As used herein, the term “Academic Year” shall be defined by FCBE on an annual basis. b. City shall have no right to use the School Facilities during Regular School Hours unless the principal (the “Principal”) of the School on which such Facilities are located or his or her designee consents to such use in such Principal’s sole and absolute discretion. As used herein, the term “Regular School Hours” shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic Year during the Term of the Agreement. c. City may request the use of the interior School Facilities after Regular School Hours when FCBE has priority to use such interior School Facilities (i.e., from 3:00 p.m. until 6:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. City may request the use of the exterior School Facilities after Regular School Hours when FCBE has priority to use such exterior School Facilities (i.e., from 3:00 p.m. until 5:30 p.m. Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. d. During each Academic Year, City shall have first priority use of the exterior School Facilities Monday through Friday from 5:30 p.m. until dark and from 6:30 p.m. until 9:00p.m. for the interior School Facilities. The City shall have first priority use of the School Facilities Saturdays from 9:00am until 5:00pm, and Sundays from 12:00pm until 5:00pm. City shall also have first priority use of the School Facilities during the Non-Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The times for use of the School Facilities during the Non-Academic Year shall be the same as times for use during the Academic Year. The City may request additional time for the use of the School Facilities during the Non-Academic Year through the School’s Principal. The Principal shall use reasonable efforts to accommodate such request. The City may request to use a classroom for a summer camp during the Non Academic Year for a period of time which shall be mutually agreed upon by both the Principal and the City. The City will pay the rental charge on an hourly basis pursuant to the Facility Use Fee Schedule referenced in Exhibit C. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non-Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of 30 days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the multi-purpose field for a period of no less than thirty (30) days during the Non-Academic Year in order to maintain the quality of the turf.
e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School facilities may be used for the activities of any Fulton County School. f. City and FCBE acknowledge that non-City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (a) such groups qualify, in FCBE’s or its representative’s sole discretion, to use the School Facilities under FCBE’s policy governing use of school facilities; (b) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (c) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (d) the use does not interfere in any way with the conduct of City’s recreational activities; (e) the activity does not conflict with any previously scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (g) such non-City sponsored groups agree in writing to the following: (g.1 )provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (g.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (g.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (g.4) maintain the exterior or interior School Facilities during the period of use; and (g.5) pay the required “usage” fees, if any, as referenced in Exhibit C. When non-City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non-City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The principal shall use reasonable efforts to accommodate such request. g. City shall (i) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (ii) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (iii) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. h. City shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. i. City’s use of the School Facilities is expressly subject to and conditional upon City’s compliance with Fulton County Board of Education Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control.
j. No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of March, 2011, and ending on the 29th day of February, 2016, provided that the Board of Education may cancel this agreement if City fails to timely remedy any non-compliance with this Agreement within thirty days of written notice of FCBE’s intention to cancel the Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the ext erior Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the initial term, more specifically during the period recognized as the Non-Academic Year and the said initial improvements shall be completed prior to the next Academic year. The City shall pay for all usage fees associated for the use of any interior and exterior School Facilities. The usage fees shall be assessed on the basis of the Facility Use fee schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use fee schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 5 below) solely as a result of the use of FCBE’s Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City’s continued use of such Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. a. In addition to the obligations contained in subsection 1.g. above, during the Academic Year, each party shall, at such party’s expense, maintain the School Facilities in good condition and repair in relation to each party’s use of the Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the Facilities. City agrees that it will maintain and repair the irrigation systems for the Playing Field at its own cost, which repairs and maintenance shall conform to FCBE specifications for such irrigation systems, and agrees to keep them in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation systems for the Playing Field during the term of this Agreement and any renewal terms. Such payment shall be due within 60 days of receipt of invoice based upon an estimate of annual water costs to be provided by Lessor or its designee with a final accounting (and payment or refund) once the actual cost has been determined.
Periodic inspections may be performed by FCBE or its agents or employees of the field improvements and / or field conditions. Any problems (and origin thereof, if identifiable) are to be reported to the offices of the FCBE. FCBE shall provide notice to the City to make the appropriate repairs and / or corrections to the field. City shall maintain, at City’s sole expense, the Playing Field in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re-seeding, and making such improvements as may be necessary or reasonably requested by FCBE subject to those conditions noted in Paragraph 2. As used herein, the term “routine custodial services” shall include without limitation, the collection of litter and debris from the Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. b. Notwithstanding the terms of subsection 5.a. above, during the Term of the Agreement, the City shall maintain the exterior School Facilities during the period of the Non-Academic Year. The City shall also maintain the interior School Facilities, in relation to its use of such Facilities, during the Non-Academic Year. c. Neither party shall have the right to construct any improvements on the property owned by the other party without such other party’s consent, which may be withheld in such other party’s sole discretion. During the Term, neither party shall demolish any of the facilities located on such party’s property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water and electricity charges for the maintenance of the exterior School Facilities. FCBE shall pay all water and electricity charges for the interior School Facilities. 6. Insurance. The City shall maintain $1 million general liability and property damage insurance covering the School Facilities owned by FCBE and shall maintain $1 million automobile general liability insurance. Each party shall have the right to self-insure. Any third party using the School Facilities or performing work on the School Facilities shall be required to maintain $1 million general liability and property damage insurance covering the Facilities and shall maintain $500,000 automobile general liability insurance, naming both FCBE and City as additional insureds. The types and amounts of coverage required of such third parties shall be reasonably acceptable to FCBE and City. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the Facilities. 8. Casualty. If any of the Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, the party that owns such Facilities may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the other
party, then the owner may elect to rebuild or restore the damaged or destroyed Facilities subject to reimbursement by the other party pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the Facilities shall exist because of any action or inaction by either party or such party’s independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City’s behalf shall remain with the School Facilities. (b) In the event either party defaults in the performance of any of its obligations under this Agreement, the non-defaulting party shall, in addition to all other rights and remedies available to such non-defaulting party at law or in equity, have the right to (i) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (ii) cure such default at the expense of the defaulting party. The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (i) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non-defaulting party, the non-defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. a. Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party’s property, pursuant to this Agreement or otherwise, without
the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party’s Property. All keys held by a party for the Facilities located on the other party’s Property shall be returned to the other party within a reasonable time. 13. Notice . Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by (i) certified mail, return receipt required or (ii) delivered personally, including by courier or expedited mail service, address as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315 With a copy to: David Knotts, Land Agent Fulton County Board of Education 5270 Northfield Boulevard College Park, Georgia 30349 If to City: Chris Lagerbloom City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Ga 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. 14. Miscellaneous. a. This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall, without the prior written consent of the other party, which consent may be withheld in the other party’s sole discretion, assign its interest in this Agreement or any interest hereunder. Consent to any assignment shall not destroy this provision and any later assignments shall be made likewise only upon the prior written consent of the other party. Any assignee of either party, at the option of the party, shall become directly liable to the other party for all obligations of the assigning party hereunder, but no assignment by either party shall relieve such party of any liability hereunder to the other party. b. If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party (“Force Majeure”), the delayed party shall
not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party’s mailing which affects the physical delivery of the payment. c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON THE FACILITIES OWNED BY THE OTHER PARTY AT ANY TIME DURING ITS USE OF THE FACILITIES OWNED BY THE OTHER PARTY. d. This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. e. Time is of the essence for each and every provision and stipulation of this Agreement. f. Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. g. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. h. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON By:________________________________ _______________________ Witness Name: _________________ Title: _____ Notary Public FULTON COUNTY BOARD OF EDUCATION By:________________________ ______________________ Name: Patrick Burke Witness Title: Chief of Operations By:________________________ ______________________ Name: Cindy Loe Notary Public Title: Superintendent Exhibit A.1 Exhibit A.2 Exhibit B Exhibit C Exhibit D
Exhibit A.1 (Inventory Drawing of Interior School Facilities-Floor Plan)
Exhibit A.2 (Site Plan of Exterior School Facilities)
Exhibit B The parties agree and consent to the following initial improvements to take place during the term of this Agreement: The City shall install an irrigation system on the existing multi-purpose field, and seed and / or sod the multi-purpose field on the Facilities and install a water meter.
Exhibit C (Facility Use Fee Schedule)
Exhibit D (Policy KG and Procedure KG)
Page is too large to OCR.
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean
Catherine Maddox • Linda McCain •
Katie Reeves
Cindy Loe, Ph.D., Superintendent
FACILITIES SERVICES
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fultonschools.org
Rules Governing Use of Facilities by Outside Organizations
Outside Organizations shall follow these additional rules governing use of school facilities
1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion,
creed, sex, national origin or disability.
2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees
are not permitted to give their building keys to an outside organization.
3. General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage
is required. Worker’s Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed.
Fulton County Board of Education must be listed as an “Additional Insured” on the policy.
4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to
FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office.
5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and
only if such displays do not deface school property.
6. Adequate supervision, as approved by the Principal, must be present for activities involving children.
7. Parking is permitted only in designated areas.
8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes.
9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing.
10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments.
11. All activities must be orderly and lawful, and must comply with all federal, state and local laws.
12. Use of lighted athletic fields must end by 10:00 p.m.
13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall.
14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement.
The organization is responsible for cleanup for all areas used.
15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.
16. The use of tobacco products is prohibited in school facilities and on school property.
17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens
(System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference
rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel
may be required at the Principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case
basis.
18. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System
personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers,
technical or laboratory equipment.
19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in
consultation with the building supervisor.
20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the
electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility.
21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities.
23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement.
24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found.
25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three
working days prior to use.
Revised 2/7/11
FULTON COUNTY PUBLIC SCHOOLS
USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES
Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be
processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education.
1. Name of Organization ______________________________________________________________________________________________________
2. Responsible Representative __________________________________________________________________________________________________
Print name of authorized agent/representative Title
Address _________________________________________________________________________________________________________________
Phone (W) ________________________________ (H) ____________________________________ Fax ___________________________________
3. School Requested (name) __________________________________Type of Activity/Purpose ____________________________________________
4. Date (s) and Time Requested ____________________________________________________a.m. ______ p.m. UNTIL _____a.m. _______ p.m.
Areas to be Leased _________________________, ______________________, ______________________, _______________________________
5. Number of persons expected to attend _________________________________________________________________________________________
6. Organization’s Policy Number ________________________________Policy Limit (minimum $1 million coverage) $__________________________
Auto Liability Coverage (minimum $500,000 coverage) $___________________. Worker’s Compensation, if applicable $______________________
7. Do you want to charge an admission fee? If yes, in what amount? Adult $ ____________Child $___________ Other $________________________
NOTE: Prior approval of Rental Office is required in order to charge admission.
8. Will this activity be a fundraiser? _______If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination
letter to application.
9. Do you want to serve refreshments? _________NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and
beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served.
10. The Organization’s Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial _____
11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m.
FEE SCHEDULE
OTHER NOT - FOR - PROFIT YOUTH
LEASED AREAS
Mark
Leased
Area
with X
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00
Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00
Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00
Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00
PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00
Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00
Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00
Cafeteria, High School $46.00 $23.00 $24.00 $12.00
Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00
Theater/Auditorium $62.00 $31.00 $32.00 $16.00
Media Center, Elementary School $32.00 $16.00 $16.00 $8.00
Media Center, MS or HS $46.00 $23.00 $24.00 $12.00
Classroom $16.00 $8.00 $8.00 $4.00
Concession Stands $16.00 $8.00 $8.00 $4.00
Non-Stadium Field, no light use $24.00 $12.00 $12.00 $6.00
Non-Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00
Stadium Field, no light use $32.00 $16.00 $16.00 $8.00
Stadium Lighting adder $52.00 $26.00 $26.00 $13.00
Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00
Track, High School $32.00 $16.00 $16.00 $8.00
Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00
Parking Lot $16.00 $8.00 $8.00 $4.00
Teaching Museum $62.00 $31.00 $32.00 $16.00
STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup.
To be Completed by School: Custodial Time required? Yes ___No ___ Custodial Time = $35 per hour (includes fringe benefits).
Total Custodial Costs = Hours worked ______ x $35/Hr = $_________.
Technician (for Theatre) $28 per hour (includes fringe benefits). Security Personnel $40 per hour (includes fringe benefits).
ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit,
extraordinary utility use, and maintenance charge.
School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee $_____________________.
CHARGE FOR USE: Facility Fees $ ___________ + Staffing Fees $___________ + Additional Charges $____________= TOTAL CHARGES $ _______________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed
above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or
property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from
the organization’s use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use.
The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability
whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does
not intend to and does not hereby create any right of remedy in any third person.
_____________________________________________________ _________________________________________________________________
Organization Representative’s Signature Date Principal’s Signature Date
FULTON COUNTY BOARD OF EDUCATION
Reason for Denial: (If Applicable)
*Time Conflict __________ _________________________________________________________________
*Unsatisfactory previous experience w/group _______ Rental Office/Land Management Coordinator Date
*No employee available for security, custodial, etc. ___________
* Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the amount of
$_________per (check one) ____Day; ______Week; ________Month; _______Year
The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: February 14, 2011 Meeting Date: February 23, 2011 Agenda Item: Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Hopewell Middle School Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Due to the lack of parks and recreation facilities currently available in Milton, the City has elected to enter into agreements with Fulton County Board of Education for the use of facilities at various schools here in Milton. Discussion: We began discussions with FCBE regarding the use of various schools last June. They have been through a long process of consolidating and simplifying their IGA process with several cities throughout Fulton County. Due to this revamping, it has taken several months to reach the point of a finalized template for IGAs between the City of Milton and FCBE. We have now reached a mutually agreed upon template and will begin with IGAs for the use of two schools including Hopewell Middle School. Two to three other IGAs should follow shortly once details are finalized. The standard IGA will be for a term of five years with the City agreeing to make certain improvements, most in year one, and maintaining spaces at the schools. Through these agreements we will be able to secure field space for current and future programs as well as have access to indoor space for select programs. Attachments: An Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Hopewell Middle School
BOARD OF EDUCATION Linda Schultz, President Linda P. Bryant, Vice President Julia C. Bernath • Gail Dean • Catherine Maddox Linda McCain • Katie Reeves Cindy Loe, Ph.D., Superintendent LAND MANAGEMENT 5270 Northfield Blvd., College Park, Georgia 30349 • 404-669-8980 • www.fultonschools.org Hopewell Middle School Elementary School INTERGOVERNMENTAL LEASE AGREEMENT THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as “City”) and the FULTON COUNTY BOARD OF EDUCATION , a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as “FCBE”). Background Information A. FCBE owns certain real property located at 13060 Cogburn Road, Milton, Ga (the “Middle School Property”), on which Hopewell Middle School (the “Middle School”) is located. The Middle School Property is hereinafter referred to as the “School Property.” The Middle School is also referred to herein as a “School.” B. A multi -purpose field, baseball/softball field, track, outside basketball courts and tennis courts (exterior School Facilities), gymnasium and cafeteria (interior School Facilities) (the “Middle School Facilities”) are located on the Middle School Property. The Middle School Facilities hereinafter referred to as the “School Facilities,” as identified on Exhibit A.1 and A.2. C. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: 1. Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: a. FCBE expressly reserves priority to use the School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreem ent. FCBE and City expressly agree that during such times, the School Facilities may be used for the
activities of any Fulton County School. As used herein, the term “Academic Year” shall be defined by FCBE on an annual basis. b. City shall have no right to use the School Facilities during Regular School Hours unless the principal (the “Principal”) of the School on which such Facilities are located or his or her designee consents to such use in such Principal’s sole and absolute discretion. As used herein, the term “Regular School Hours” shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic Year during the Term of the Agreement. c. City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. d. During each Academic Year, City shall have first priority use of the exterior School Facilities Monday through Friday from 5:30 p.m. until dark and from 5:30 p.m. until 9:00p.m. for the interior School Facilities. The City shall have first priority use of the School Facilities Saturdays from 9:00am until 5:00pm, and Sundays from 12:00pm until 5:00pm. City shall also have first priority use of the School Facilities during the Non-Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The times for use of the School Facilities during the Non-Academic Year shall be the same as times for use during the Academic Year. The City may request additional time for the use of the School Facilities during the Non-Academic Year through the School’s Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non-Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of 30 days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the multi-purpose field for a period of no less than thirty (30) days during the Non-Academic Year in order to maintain the quality of the turf. e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School facilities may be used for the activities of any Fulton County School. f. City and FCBE acknowledge that non-City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (a) such groups qualify, in FCBE’s or its representative’s sole discretion, to use the School Facilities under FCBE’s policy governing use of school facilities; (b) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (c) the use
does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (d) the use does not interfere in any way with the conduct of City’s recreational activities; (e) the activity does not conflict with any previously scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (g) such non-City sponsored groups agree in writing to the following: (g.1 )provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (g.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (g.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (g.4) maintain the exterior or interior School Facilities during the period of use; and (g.5) pay the required “usage” fees, if any, as referenced in Exhibit C. When non-City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non-City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The principal shall use reasonable efforts to accommodate such request. g. City shall (i) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (ii) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (iii) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. h. City shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. i. City’s use of the School Facilities is expressly subject to and conditional upon City’s compliance with Fulton County Board of Education Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. j. No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This agreement shall be for a term commencing on the1st day of March, 2011, and ending on the 29th day of February, 2016, provided that the Board of Education may cancel this agreement if City fails to timely remedy any non-compliance with this Agreement within thirty days of written notice of FCBE’s intention to cancel the Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior Facilities.
Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the initial term, more specifically during the period recognized as the Non-Academic Year and the said initial improvements shall be completed prior to the next Academic year. The City shall pay for all usage fees associated for the use of any interior and exterior School Facilities. The usage fees shall be assessed on the basis of the Facility Use fee schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use fee schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 5 below) solely as a result of the use of FCBE’s Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City’s continued use of such Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. a. In addition to the obligations contained in subsection 1.g. above, during the Academic Year, each party shall, at such party’s expense, maintain the School Facilities in good condition and repair in relation to each party’s use of the Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the Facilities. City agrees that it will maintain and repair the irrigation systems for the Playing Field at its own cost, which repairs and maintenance shall conform to Lessor’s specifications for such irrigation systems, and agrees to keep them in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation systems for the Playing Field during the term of this Agreement and any renewal terms. Such payment shall be due within 60 days of receipt of invoice based upon an estimate of annual water costs to be provided by Lessor or its designee with a final accounting (and payment or refund) once the actual cost has been determined. Periodic inspections may be performed of the field improvement by Lessor or its agents or employees of the field improvements with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. Lessee shall maintain, at Lessee’s sole expense, the Playing Field in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re-seeding, and making such improvements as may be necessary or reasonably requested by Lessor subject to those conditions noted in Paragraph 2. As used herein, the term “routine custodial services” shall include without limitation, the collection of litter and debris from the Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal.
b. Notwithstanding the terms of subsection 5.a. above, during the Term of the Agreement, the City shall maintain the exterior School Facilities during the period of the Non-Academic Year. The City shall also maintain the interior School Facilities, in relation to its use of such Facilities, during the Non-Academic Year. c. Neither party shall have the right to construct any improvements on the property owned by the other party without such other party’s consent, which may be withheld in such other party’s sole discretion. During the Term, neither party shall demolish any of the facilities located on such party’s property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water and electricity charges for the maintenance of the exterior School Facilities. FCBE shall pay all water and electricity charges for the interior School Facilities. 6. Insurance. The City shall maintain $1 million general liability and property damage insurance covering the School Facilities owned by FCBE and shall maintain $1 million automobile general liability insurance. Each party shall have the right to self-insure. Any third party using the School Facilities or performing work on the School Facilities shall be required to maintain $1 million general liability and property damage insurance covering the Facilities and shall maintain $500,000 automobile general liability insurance, naming both FCBE and City as additional insureds. The types and amounts of coverage required of such third parties shall be reasonably acceptable to FCBE and City. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the Facilities. 8. Casualty. If any of the Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, the party that owns such Facilities may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the other party, then the owner may elect to rebuild or restore the damaged or destroyed Facilities subject to reimbursement by the other party pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the Facilities shall exist because of any action or inaction by either party or such party’s independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party.
11. Termination. (a) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City’s behalf shall remain with the School Facilities. (b) In the event either party defaults in the performance of any of its obligations under this Agreement, the non-defaulting party shall, in addition to all other rights and remedies available to such non-defaulting party at law or in equity, have the right to (i) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (ii) cure such default at the expense of the defaulting party. The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (i) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non-defaulting party, the non-defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. a. Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party’s property, pursuant to this Agreement or otherwise, without the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party’s Property. All keys held by a party for the Facilities located on the other party’s Property shall be returned to the other party within a reasonable time. 13. Notice . Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by (i) certified mail, return receipt required or (ii) delivered personally, including by courier or expedited mail service, address as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315
With a copy to: David Knotts, Land Agent Fulton County Board of Education 5270 Northfield Boulevard College Park, Georgia 30349 If to City: Chris Lagerbloom City of Milton 13000 Deerfield Parkway, Suite 107A Milton, Ga 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. 14. Miscellaneous. a. This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall, without the prior written consent of the other party, which consent may be withheld in the other party’s sole discretion, assign its interest in this Agreement or any interest hereunder. Consent to any assignment shall not destroy this provision and any later assignments shall be made likewise only upon the prior written consent of the other party. Any assignee of either party, at the option of the party, shall become directly liable to the other party for all obligations of the assigning party hereunder, but no assignment by either party shall relieve such party of any liability hereunder to the other party. b. If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party (“Force Majeure”), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party’s mailing which affects the physical delivery of the payment. c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON THE FACILITIES OWNED BY THE OTHER PARTY AT ANY TIME DURING ITS USE OF THE FACILITIES OWNED BY THE OTHER PARTY. d. This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. e. Time is of the essence for each and every provision and stipulation of this Agreement.
f. Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. g. No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. h. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON By:________________________________ _______________________ Witness Name: _________________ Title: _____ Notary Public FULTON COUNTY BOARD OF EDUCATION By:________________________ ______________________ Name: Patrick Burke Witness Title: Chief of Operations By:________________________ ______________________ Name: Cindy Loe Notary Public Title: Superintendent Exhibit A.1 Exhibit A.2 Exhibit B Exhibit C
Exhibit A.1 (Inventory Drawing of Interior School Facilities-Site Plan)
Exhibit A.2 (Site Plan of Exterior School Facilities)
Exhibit B The parties agree and consent to the following initial improvements to take place during the term of this Agreement: The City shall install an irrigation system on the existing multi-purpose field, and seed and / or sod the multi-purpose field on the Facilities, install infill material at the baseball/softball field, build dug-outs and install a water meter. In the year 2012, specifically the fall season, the City will install landscaping in the amount of $2500 at the direction of the Principal.
Exhibit C (Facility Use Fee Schedule)
Exhibi t D (Policy KG and Procedure KG)
' "`„' za eases” iee ia� +
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean
Catherine Maddox • Linda McCain •
Katie Reeves
Cindy Loe, Ph.D., Superintendent
FACILITIES SERVICES
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fultonschools.org
Rules Governing Use of Facilities by Outside Organizations
Outside Organizations shall follow these additional rules governing use of school facilities
1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion,
creed, sex, national origin or disability.
2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees
are not permitted to give their building keys to an outside organization.
3. General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage
is required. Worker’s Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed.
Fulton County Board of Education must be listed as an “Additional Insured” on the policy.
4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to
FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office.
5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and
only if such displays do not deface school property.
6. Adequate supervision, as approved by the Principal, must be present for activities involving children.
7. Parking is permitted only in designated areas.
8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes.
9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing.
10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments.
11. All activities must be orderly and lawful, and must comply with all federal, state and local laws.
12. Use of lighted athletic fields must end by 10:00 p.m.
13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall.
14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement.
The organization is responsible for cleanup for all areas used.
15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.
16. The use of tobacco products is prohibited in school facilities and on school property.
17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens
(System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference
rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel
may be required at the Principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case
basis.
18. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System
personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers,
technical or laboratory equipment.
19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in
consultation with the building supervisor.
20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the
electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility.
21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities.
23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement.
24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found.
25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three
working days prior to use.
Revised 2/7/11
FULTON COUNTY PUBLIC SCHOOLS
USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES
Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be
processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education.
1. Name of Organization ______________________________________________________________________________________________________
2. Responsible Representative __________________________________________________________________________________________________
Print name of authorized agent/representative Title
Address _________________________________________________________________________________________________________________
Phone (W) ________________________________ (H) ____________________________________ Fax ___________________________________
3. School Requested (name) __________________________________Type of Activity/Purpose ____________________________________________
4. Date (s) and Time Requested ____________________________________________________a.m. ______ p.m. UNTIL _____a.m. _______ p.m.
Areas to be Leased _________________________, ______________________, ______________________, _______________________________
5. Number of persons expected to attend _________________________________________________________________________________________
6. Organization’s Policy Number ________________________________Policy Limit (minimum $1 million coverage) $__________________________
Auto Liability Coverage (minimum $500,000 coverage) $___________________. Worker’s Compensation, if applicable $______________________
7. Do you want to charge an admission fee? If yes, in what amount? Adult $ ____________Child $___________ Other $________________________
NOTE: Prior approval of Rental Office is required in order to charge admission.
8. Will this activity be a fundraiser? _______If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination
letter to application.
9. Do you want to serve refreshments? _________NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and
beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served.
10. The Organization’s Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial _____
11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m.
FEE SCHEDULE
OTHER NOT - FOR - PROFIT YOUTH
LEASED AREAS
Mark
Leased
Area
with X
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00
Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00
Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00
Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00
PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00
Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00
Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00
Cafeteria, High School $46.00 $23.00 $24.00 $12.00
Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00
Theater/Auditorium $62.00 $31.00 $32.00 $16.00
Media Center, Elementary School $32.00 $16.00 $16.00 $8.00
Media Center, MS or HS $46.00 $23.00 $24.00 $12.00
Classroom $16.00 $8.00 $8.00 $4.00
Concession Stands $16.00 $8.00 $8.00 $4.00
Non-Stadium Field, no light use $24.00 $12.00 $12.00 $6.00
Non-Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00
Stadium Field, no light use $32.00 $16.00 $16.00 $8.00
Stadium Lighting adder $52.00 $26.00 $26.00 $13.00
Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00
Track, High School $32.00 $16.00 $16.00 $8.00
Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00
Parking Lot $16.00 $8.00 $8.00 $4.00
Teaching Museum $62.00 $31.00 $32.00 $16.00
STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup.
To be Completed by School: Custodial Time required? Yes ___No ___ Custodial Time = $35 per hour (includes fringe benefits).
Total Custodial Costs = Hours worked ______ x $35/Hr = $_________.
Technician (for Theatre) $28 per hour (includes fringe benefits). Security Personnel $40 per hour (includes fringe benefits).
ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit,
extraordinary utility use, and maintenance charge.
School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee $_____________________.
CHARGE FOR USE: Facility Fees $ ___________ + Staffing Fees $___________ + Additional Charges $____________= TOTAL CHARGES $ _______________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed
above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or
property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from
the organization’s use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use.
The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability
whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does
not intend to and does not hereby create any right of remedy in any third person.
_____________________________________________________ _________________________________________________________________
Organization Representative’s Signature Date Principal’s Signature Date
FULTON COUNTY BOARD OF EDUCATION
Reason for Denial: (If Applicable)
*Time Conflict __________ _________________________________________________________________
*Unsatisfactory previous experience w/group _______ Rental Office/Land Management Coordinator Date
*No employee available for security, custodial, etc. ___________
* Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the amount of
$_________per (check one) ____Day; ______Week; ________Month; _______Year
The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: February 11, 2011 Meeting Date: February 23, 2011 Agenda Item: Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation Department Background: A revised parks and recreation fee schedule was most recently approved on September 20, 2010. Additional fees have been added to support the continued efforts of the parks and recreation department. Discussion: In addition to the fees previously included and approved, I have added other fees that would take effect for other programs and services offered by the department. These additions include a daily rate for the rental of the Bethwell Community Center; fees for Camp Bethwell and Camp Joyful Soles; and sponsorship and vendor fees for the Earth Day Festival. As the Parks and Recreation Department expands its offerings and services, I will continue to use this fee schedule as a base and add to it as needed. These revisions have been reviewed by the two Finance Committee members of the Parks and Recreation Advisory Board, Mark Reed and Sandy Sheley. Attachments: Revised Fee Schedule for the City of Milton Parks and Recreation Department
City of Milton 13000 Deerfield Parkway Suite 107A Milton, GA 30004 MILTON PARKS AND RECREATION FEE SCHEDULE Submitted by: Cyndee L. Bonacci, Director First Approved: July 19, 2010 Revised: September 20, 2010 Revised: February 23, 2011 Field Rental Rates* ** Bell Memorial Park 1 Field/2 hours $50 With Lights $75 1 Field/Day $175 With Lights $225 For Special Event/Day $500 Birmingham Park For Special Event/Day $500 Security Deposit $100 Facility Rental Rates* ** Bethwell Community Center (Available Spring 2011) 4 blocks/day (7-10 a.m., 11 a.m.-2 p.m., 3 -6 p.m., 7-10 p.m.) Per 3-hour block $125 Daily $350 Security Deposit $50 Camp Bethwell Registration Fee per week $110 Non-refundable, Non-transferable Deposit per week $50 Camp Joyful Soles Registration Fee per week $125 Non-refundable, Non-transferable Deposit per week $50 *Corporate rates for Milton businesses increase by 20%. **All rates for non-residents of Milton and businesses outside of Milton increase by 50%. Milton Roundup Sponsorship Golden Horseshoe $1,500 Pardner $1,000 Buckaroo $500 Milton Roundup Vendor Booths Vendor/Non-sponsor (For-profit) - 10’x12’ $100 Vendor/Non-sponsor (Non-profit) - 10’x12’ $25 Food Vendor – Tent – 10’x15’ $150 Food Vendor – Trailer – 12’x20’ $250
City of Milton 13000 Deerfield Parkway Suite 107A Milton, GA 30004 Earth Day Sponsorship Earth Partner $500 Green Partner $200 Earth Day Vendor Booths Vendor/Non-sponsor (For-profit) - 10’x12’ $75 Vendor/Non-sponsor (Non-profit) - 10’x12’ $15 Food Vendor – Tent – 10’x15’ $100 Food Vendor – Trailer – 12’x20’ $150 Miscellaneous T-shirts – Adult $10 T-shirts – Child $8 Administrative Fee Approved Refunds/Cancellations $15 Independent Contractor Commissions (Paid to City of Milton) At the discretion of the Parks and Recreation Director based on services provided and fees charged, not to be less than 10% and not to be greater than 30%
City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: February 14, 2011 Meeting Date: February 23, 2011 Agenda Item: Approval of a Memorandum of Understanding Between the City of Milton and North Metro Miracle League, Inc. for the Fresh Grant Application Background: Camp Joyful Soles is one of our newest recreation offerings. This camp will serve youth ages 12-18 with mild disabilities. This camp will mirror the camp offered by the City of Alpharetta for youth ages 6-12 called Camp Happy Hearts. Camp Happy Hearts has received funding through the FRESH Grant with the North Metro Miracle League, Inc. serving as a fiscal agent. This grant provides funding for programs that serve special needs groups. Discussion: Recently we were contacted by representatives with the City of Alpharetta regarding the FRESH Grant application. The due date for the grant application is February 25 and so while interested, we did not feel that we would be able to meet the deadline this year. However, Alpharetta has offered to include us in the grant application with them. Because our programs mirror each other and serve the same community, we felt the application and funding could benefit both programs. North Metro Miracle League, Inc. will serve as the fiscal agent for the FRESH Grant. We are required to execute a Memorandum of Understanding (MOU) with them. We will provide our required information and funding request to the City of Alpharetta to be included in the application. The application with then be reviewed, approved and submitted by the North Metro Miracle League, Inc. on both cities’ behalf. The requested funding will be used to cover expenses associated with field trips and other fees. Attachments: A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MILTON AND NORTH METRO MIRACLE LEAGUE, INC. FOR THE FRESH GRANT APPLICATION
MEMORANDUM OF UNDERSTANDING – FISCAL SPONSORSHIP This Memorandum of Understanding (the “MOU”) is made this ____________ day of ______________, 2011, by and between North Metro Miracle League, Inc. (“Sponsor”) and the City of Milton, Georgia (“City”). WHEREAS, Sponsor is a not-for-profit corporation exempt from federal taxation and under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, that provides, among other things, adapted sports programs for children and adults with disabilities ; and WHEREAS, the City operates a recreational summer camp program for children with disabilities and special needs, which program is known as “Camp Joyful Soles” (the “Program”); and WHEREAS, the Program is consistent with the organizational purposes of Sponsor; and WHEREAS, the City has requested that Sponsor act as City’s fiscal sponsor in conjunction with the application for a Fulton Round Table Expanded Service Headquarters (“FRESH”) grant to partially fund the Program; and WHEREAS, Sponsor has agreed to act as City’s fiscal sponsor, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Grant Application. City shall provide all necessary and required information for the FRESH grant to the City of Alpharetta to prepare the FRESH grant application on behalf of Sponsor, and Sponsor, subject to review and approval of the application by the City and the City of Alpharetta, shall submit the grant application to the granting authority. In the event that the grant application is approved and funds are provided to the Sponsor, Sponsor shall immediately make the grant funds available to the City for funding of the Program. Sponsor shall perform its obligations under this MOU in compliance with all applicable laws, regulations and agreement related to the FRESH grant. 2. Use of Funds. City agrees to use any and all funds received from the Sponsor solely for legitimate expenses of the Program and to fully account to the Sponsor for the disbursement of these funds. City agrees to maintain books and financial records for the Program in accordance with generally accepted account principles and to provide this information to the City of Alpharetta to prepare on behalf of Sponsor, subject to Sponsor’s review and approval, all interim and final reports required to be submitted to the grant authority. 3. Protection of Tax Exempt Status. City agrees not to use any funds received from the Sponsor in any way which would jeopardize the tax exempt status of Sponsor. City agrees to comply with any reasonable written request by Sponsor that it cease activities which might jeopardize the Sponsor’s tax exempt status. Any changes in the purpose for which grant funds are spe nt must be approved in writing by Sponsor before implementation. Sponsor retains the
right, if the City breaches this MOU, or if the Program jeopardizes Sponsor’s legal or tax exempt status, to withhold, withdraw, or demand immediate return of grant funds. 4. Indemnification. City hereby agrees, to the extent if any permitted by law, to defend, indemnify and hold harmless Sponsor, its officers, directors, trustees, employees, and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees), directly or indirectly, wholly or partially arising from or in connection with any act or omission of the City or the City’s employees or agents, in implementing and operating the Program, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of Sponsor, its officers, directors, trustees, employees or agents. 5. Term. This MOU shall commence on the date of execution and shall terminate upon the completion of the Program; provided, however, that City’s obligation to provide required reports and indemnifications shall survive the termination of this MOU. This MOU shall terminate absolutely and without any further obligation on the part of the City on Decemb er 31, 2011, provided that, absent the City providing at least thirty (30) days written notice of termination to Sponsor prior to December 31, 2011, this MOU shall automatically renew on January 1 , 2012 and shall terminate on September 30, 2012 . 6. Miscellaneous. This MOU will supersede any prior oral or written understanding between the parties, and may not be amended or modified except in writing signed by both parties. This MOU shall be governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed entirely within such state. IN WITNESS WHEREOF, the parties have hereunto executed this Memorandum of Understanding on the day and year first above written. North Metro Miracle League, Inc. By: __________________________ Attest: __________________________ [AFFIX CORPORATE SEAL] City of Milton, Georgia By: __________________________ Joe Lockwood, Mayor APPROVED AS TO FORM: _____________________________ Ken Jarrard, City Attorney
City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: February 9, 2011 for the February 23, 2011 Council meeting Agenda Item: Approval of a Street Lighting Lease Agreement with Georgia Power for the acceptance of street lights in the Crabapple Estates Subdivision Background: The Crabapple Estates subdivision has requested that the city assume the monthly payments for four (4) streetlights within the subdivision. Crabapple Estates is an eight lot subdivision off of Freemanville Road and the road within the subdivision, Crabapple Road, is a publicly dedicated road. Discussion: In accordance with Section 50-188 (d) (3) of the City of Milton Code of Ordinances, lighting within a newly developed subdivision may be turned over to the city when at least 50 percent of the dwelling units have been occupied. Also, Section 48-564 (d) (1) of the City of Milton code of ordinances states, in part, that the city shall pay utility bills for streetlights on public rights-of -way. As indicated on the attached agreement the monthly fee for the street lighting is $56.40. Staff has determined that at least 50 percent of the dwelling units within the Crabapple Estates subdivision are occupied and the road is a public road; therefore, staff recommends approval of the lease agreement. Legal Review: Lighting Services-NESC Standard Lease Agreement – Paul Higbee, Jarrard & Davis on 2/2/2011 Attachments: Lighting Services-NESC Standard Lease Agreement
I . Linhtlna Equipment Lease. Georgia Pourer Company ("GPC") will lease to Customer the "Equipment" described on Page 1 of this Lease Agreement ("Agreement") for
use at She "premises" (the "Service Address" shown on Page 1) and vitt provide electric service to operate, the Equipment. Customer grants a license and right of access to
GPC (and to GPC's representatives and contractors) to enter the Premises to install, connect, inspecl, matniain, lest, replace, repair, or remove the Equipment; to remove or
disconnect pre-existing equipment as noted; to provide electric service for the Equipment; or to conduct any other Agreement -related activity (collectively, the "GPC
Activitles" ). Customer acknowledges that the Equipment, though attached to real property, will atways remain the exclusive personal property of GPC and that GPC may
remove the Equipment when ibis Agreement ends. Customer also acknowledges that regulatory change during the Agreement term may require GPC to modify or replace
same Equipment.
2. Term. The "initial Term" of this Agreement is the period slated on Page 1, calculated from the date of the first monthly bill. After the Initial Term, the Agreement will
automatically renew on a month-to-month basis until terminated by either Customer or GPC by providing written notice of intent to terminate to the other party at least 30 days
before the desired termination date. GPC's address fornetice Is 1790 Montreal Circle, Tucker, GA 30084.6841; Customers address for notice is the Mailing Address shovm on
Page 1.
3. P• ayment. GPC will invoice Customer per the terms slated an Page 1. Customer acknowledges that the electric service charge +Mil wary as dictated by the Georgia Public
Service Cornmission. Customer agrees to pay the amount billed by the due date (20 days alter billing date). it there Is a balance outstanding past the due date, Customer
agrees to also pay a 1.5% tale lee on the unpaid balance and also acknowledges that Customer may be required to pay a deposit of up to two times the Estimated Monthly
Charge in order to continue service. CUSTOMER ACKNOWLEDGES THAT GPC MAKES NO REPRESENTATION OR WARRANTY REGARDING TREATMENT OF THIS
TRANSACTION BY THE INTERNAL REVENUE SERVICE OR THE STATUS OF THIS AGREEMENT UNDER ANY FEDERAL OR STATE TAX LAW; CUSTOMER ENTERS
INTO THIS AGREEMENT IN SOLE RELIANCE UPON CUSTOMER'S OWN ADVISORS,
4. Eoulnment Protection. Throughout this Agreement's term, Customer Wilt Inlorm its personnel (and any contractor or person performing construction at the Premises or
digging near the Equipment) of the Equipment's presence. Either Customer or the other parry must provide notices and locate requests to the Georgia Utilities Protection
Canter and must coordinate all activities with the Ulillties Protection Center and with all utility facility owners or operators as required by the then -current Georgia UIllily Fac itity
Projection Act (C.C.G.A. § 25.9.1 of seq.) or High-voltage Safety Act (O.C.G.A. § 46.3.30 of seq.). As between Customer and GPC, Customer will bear all costs erising from
failure to comply with these laves or for Equipment damage caused by anyone other than GPC (or GPC's representatives or contractors). IF THE EQUIPMENT IS DAMAGED,
CUSTOMER WILL REPORT THE DAMAGE TOGPC AS SOON AS POSSIBLE BY CALLING (868) 660.5890.
S. Maintenance. During this Agreement's term, GPC will maintain the Equipment and will bear the cost of routine repair or replacement. Customer must notify QPC of any need
for Equipment repair by either catling {888) 660-6890 or reporting the need online(hllo:doufdear_liighting.aeorgiapower.com}. If the Equipment damage was caused by
Customer or a third party, Customer will reimburse GPC for the repair or replacement cost.
8. Safety; Damages CUSTOMER ACKNOWLEDGES SOLE RESPONI31BILiTY FOR THE SAFEfY OF THE PF3EMISES AND ACKNOWLEDGES THAT GPC NEITHER HAS,
NOR ASSUMES, ANY OBL113ATION TO ENSURE THE PREMISES' SAFETY. GPC MAKES NO COVENANT, WARRANTY, OR REPRESENTATION OF ANY KIND
(INCLUDING WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY) REGARDING THE EQUIPMENT OR ANY GPC ACTIVITY UNDER
THIS AGREEMENT. Customer will not be anli11ad to Indirect or consequential damages Irom GAC of any kind (Including loss of revenue, loss of actual or anticipated pro Ids,
loss of capital costs, I ass of business reputation, or puni8ve damages) arising from any damage or delay Involving the Equipment or this Agreement.
7. indemnity. No member, official, or employee of Customer Wit be personally liable to GPC or to any successor in interest in the event of a de lautt or breach by Customer or For
any amount due to GPC or to a successor or on any obligation under this Agreement- Likewise, GPC'S performance under this Agreement wig not subject GPC's individual
employees, officers, or directors to personal liability. The Parties agree that their sole and exclusive remedy, claim, demand, or suit swill be directed or asserted only against
GPC or Customer, respectively, and not against any employee, officer, director, or elected or appointed offtciaf.
S. Default. Customer will be In default it any amount owed under this Agreement Is not paid within 45 days of billing. GPC's waiver of any past default will not waive any other
default. II default occurs. GPC may, at its discrelron, immediately terminate this Agreement, collect all past due amounts and all amounts due for the Equipment during the
Agreement's remaining term, remove the Equipment from tha Premises, and seek any other avai'able remedy.
9. Entire Agreement. This Agreement contains the parties' entire agreement relating to the Equipment and replaces any prior agreement., written or oral. This Agreement may
be modified on;y by an amendment signed by each party, except that updated contact information (e.g., address, phone, websila) maybe provided at any time by written notice
to the aihsr party. This Agreerientvill be governed by Georgia law. If any provision Is ruled invalid or unenforceable, the Agreement as a whole will not be affected, in This
Agreement, 'tincluding" means "including, but not limited to."
10. Pole Attachments. If Customer desires to altaoh anything to any Equipment (poles, light fixtures, etc.), Customer must first obtain GPC's writlon permission. Customer must
call GPC Lighting Services Business Unit at 1.888-788.8458 to obtain the proper pole attachmenT auihwizallon.
11. Georgia Security Immigration, and Compliance Act (Applicable Only if Customer is a Georgia_ Governmental Entity). Customer is a "public employer as defined by
O.C.G.A. § 13.14-91 and this Agreement is a contract lot physical performance of services within the Slate of 4eorgia. Compliance with the requirements of O.C.G.A. § 13-10-
81 and Flute 300-10-1-.02 Is a condition of this Agreement and is mandatory. OPC's compliance with O.C.G.A. § 13.10-91 and Rule 300.30.1--02 will be altesled by execution
of the conlractor's affidavit attached as Exhlbil "1" and made apart of this Agreement. GPC agrees that, If it employs or contracts with any subcontractor(s) in connection wHh
thrs Agreement, GPC will secure from each subcontractor attestation of the subconlraotor's compliance with O.C.O.A. § 13-10-g1 and Pula 304.10.1-.02 by execution of a
subcontractors affidavit In the form attached as Exhibit "2." The affidavit will become a part of the 0PClsubcontractor agreement and GPC Wit maintain records of the
affidavits for inspection by Customer.
12. Customer Regresentations. Customer represents to GPC that: (t) Customer is expressly authorized by all Premises owners (and any other party Wlh rights In the Premises)
to enter Into this Agreement and to authorize the GPC AcGvilios (including the use of vehicles, equipment, tools, and materials as necessary); Qi) alt Premises property lines are
clearly and accurately marked; and (ill) the Premises' final grade will vary no more than six Inches from the grade existing at the Time e1 Equipment installation.
(a) Customer Duty. If GPC agrees to allow Customer to perform any part of the Equipment Installation (Including trenching) itself or through a third party, Customer
warrants that its work will meet GPC s installation specifications (which will be provided to Customer and are incorporated by this role Fence). Customer will bear all
reasonable additional costs arising from Customer's non-compliance with GPC's specifreallens or lack of timely (i.e., 10 days') notice to GPC that GPC's portion of the
Equipment instatlatfon can commence.
(b) Underground FEcil itiegl0bstructions, Because GPO's Activities may require excavation or digging, Customer acknowledges that Customer must mark all
underground obstructions and private utilities and facilities (e.g., gas lines, water lines, sewer lines, Irrigation facilities, tow voltage data or communication
cables or lines, etc.) at the Premises. Customer warrants either that: (1) all underground obsiruclions and private utilities and facilities have been marked or will be
marked before GPC commences Equipment installation or other GPC Activities fnvofving excavation or digging; or (ilk there are no underground obs1mclions or private
utilities or facilities at the Premises.
(c) Unleresean Condlttons, ff Customer fails to properly mark or identify a private utility or facIIilyor of her underground obstruction, and damage occurs in ccnneclian with
GPC's Activities, Customer agrees that, as between Cuslomar and GPC, Customer will bear sole responsibility and that GPC will have no liability for any damaga or
resulting delay. Cuslomeralso acknowledges that the estimated charges shown on Page 1 Include no allowance for any subsurface rock, weliands, underground stream,
butted waste, unsuitable or unstable soil, underground obstmvtlon, are he ofogical artifact, burial ground, threatened or endangered species, hazardous substance, eta, not
properly identified and marked by Customer ("Unforeseen Condition"). if an Unforeseen Condition Is encountered, GPC, in its sole discretion, may stop all GPC
Activity until Customer either remedies the Unforeseen Condition or agrees to reimburse all GPC expensas arlsing from the Unforeseen C,pridition. Customer will bear all
costs of any Equlpmsnl modillcation or change requested by Customer or dictated by Unforeseen Condit( s or circumale non ou
t PC's control.
CUSTOMER REPRESENTATIONS ACKNOWLEDGED BY CUSTOMER: nitials
Page 2 of 2
Lighting Services - NESC 4 Standard Lease Agreement (non -std term,- & condiuGns)
Ref 4#
Fief #
Lead #
DVVE it LAMP #
Customer Name: City of Milton _
Service Address: 13260 Freemanville
fvraar, apt $. rip, arcj
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POWER
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Milton, GA 30004
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Type Customer: Commercial ❑ Industrial El Residential ® New Account ® Customer Choice ❑
Conversion? Yes ❑ No ® Type of Construction: New ❑ Existing
Descriplion at Business (Apartment Complex, Car Dealer, etc.): SID
® Governmental ❑ Non-Governmontal
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Estimate
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Action
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Type .
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Equipment .':
Fixture f?ecriptian : ': Amount �$} ::.
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Wattage {HPS, 'eta..
...
Char a $)
Charge ($
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COOPED GENERATION[ POST TOP UG UM $31.40
$25.00
$56.40
FIXTURES
Monthly T
$66.-.: q
Estimated Regulated Charge is subject to change at anytime as dictated by the Georgia Public Service Commission.
"Estimated Monthly Charge" is the
sum of "Equipment Amount" and "Estimated Regulated Charge" and will vary with the Regulated Charge. Excludes
any applicable sales tax
Pro'ect dotes: This account is being transferred out of Steve Powell Homes' name into the City of Milton's name -
Crabapple Estates aha Crabapple Hill S/D
New Account
Initial term starts on the date billing begins
Initial Term of Agreement: 1 Months
Customer agrees to tease the Equipment described above from Georgia Power Company on the attached terms and conditions.
CComer's Authorized Signature: Georgia Power Company:
ure: Date: Signature: [Date:
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Title:
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Name: William Canady
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Title: Account Executive
40 NESC is a federally registered trademark of IEEE Page i of 2
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Matt Marietta, Fire Marshal
Date: Submitted on January 28, 2011 for the February 23, 2011 Council Meeting
Agenda Item: Approval of a grant application to the Department of Homeland Security for the
Fire Prevention and Safety Grant through the Assistance to Firefighters Grant
program sponsored by FEMA
City Manager’s Office Recommendation:
Adopt the attached resolution approving the submission to the Department of Homeland
Security’s Fire Prevention and Safety Grant) grant program authorizing the request for funding
of general fire prevention and safety materials, including a portable “fire safety house,” funding
for training four fire investigators, and authorizing the Mayor to execute all required grant
documents should the grant be awarded.
Background:
The purpose of the Fire Prevention and Safety Grant is to award grants directly to fire
departments to enhance their abilities to conduct community outreach and other prevention-
related activities, including training in fire and life safety skills essential to any prevention
program. The primary goal and the intent of the program is to assist local fire departments
through the provision of funds to purchase essential supplies and attain training in support of
public education activities and other fire mitigation measures.
Discussion
The Fire Prevention and Safety Grant is administered through the Federal Emergency
Management Agency and is intended to support local fire departments and non-profit
organizations in the preparation and presentation of life and fire safety education and in
promoting training in critical prevention areas. These activities are an essential component of
any hazard mitigation program, focusing on teaching the community (most specifically, its youth)
different common causes of residential fire and injury and how to prevent such dangerous
events.
One of the essential functions of the fire department is the response to fires that are in progress
or have already occurred. In such cases, we need fully trained investigators on each shift to
support full investigations by the fire marshal’s office. This will ensure that a cause and origin of
each fire is determined and that the appropriate steps are taken as a result of the fire (e.g.
product recalls, prosecution in the case of arson). Part of this grant application is to attain
professional training for four of our firefighters to ensure that there is a qualified investigator on
duty at all times.
1
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
However, in addition to investigations and suppression activities, the City of Milton can best
ensure the safety of its citizens not by saving them from a catastrophic situation, but instead by
giving them the skills and insight necessary to prevent such events from occurring. Public
education programs are often focused on youth since this represents the most vulnerable
portion of our population as well as the most receptive to educational programs. The second
(and larger) part of the grant request would provide the Fire Department with funds to purchase
general prevention materials (including pamphlets, stickers and other such items) as well as
“Fire Safety House.” The Safety house consists of a portable 31 foot trailer that simulates a two
story home and features a severe weather response package, and a fire safety and escape plan
training (including simulated smoke). The grant request also includes various and sundry other
basic educational props and program support items, including a wheelchair accessible ramp
and a multimedia station. The trailer and educational materials provided by this grant would be
used to supplement our already active community education program. The trailer would be
deployed to schools, community events and at citizen’s request to support the prevention
program and enhance our City-Community relationship.
Funding and Fiscal Impact:
The request for federal funds of $48,795 to fund the described programs and a city match of
$5,421 on the part of the City of Milton. This match amount may be specifically funded by the
council FY 2012 (based on the timeline, the grant will most likely not fund until after the new
budget year). Recurring costs for this program are relatively small and include the
maintenance of the trailer, the purchase of supplies (such as the “Fog Fluid” which produces the
smoke effect in the trailer at $145 a case) and registration of the trailer through the state as well
as all other legal compliance measures.
The Fire Prevention and Safety grant is a one-time grant and does not require any continuing
financial match contribution beyond the first year.
Alternatives:
We could continue to conduct outreach activities without these props to serve as an educational
platform, thereby establishing the program primarily in fire personnel speaking to classes and
community groups without the practical aids provided for in this grant application.
Concurrent Review:
Robert Edgar, Fire Chief
Chris Lagerbloom, City Manager
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 FIRE PREVENTION AND SAFETY GRANT PROGRAM WHEREAS, the Department of Homeland Security makes available funding under the Fire Prevention and Safety grant program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to present life and fire safety education programs to the community; and WHEREAS, the primary goal of the Fire Prevention and Safety grant program is to provide funds in support of community safety education and fire and injury prevention activities essential to a progressive and safe community environment; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the funding, if awarded, shall be utilized to purchase prevention and safety training materials including a 31 foot “fire safety house” trailer to serve as an educational platform, and to provide prevention-related training to our City’s firefighters. NOW, THEREFORE BE IT SO RESOLVED, this 23rd da y of February, 2011, by the Mayor and Council of the City of Milton that the submission of an application to the Department of Homeland Security’s “Fire Prevention and Safety Grant” program 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 the 23rd day of February, 2011. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal)
City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: February 14, 2011 Meeting Date: February 23, 2011 Agenda Item: Approval of a Resolution Allowing the City of Milton to Receive Funding Through the Fresh Grant Utilizing North Metro Miracle League, Inc. as a Fiscal Agent Background: Camp Joyful Soles is one of our newest recreation offerings. This camp with serve youth ages 12-18 with mild disabilities. This camp will mirror the camp offered by the City of Alpharetta for youth ages 6-12 called Camp Happy Hearts. Camp Happy Hearts has received funding through the FRESH Grant with the North Metro Miracle League, Inc. serving as a fiscal agent. This grant provides funding for programs that serve special needs groups. Discussion: Recently we were contacted by representatives with the City of Alpharetta regarding the FRESH Grant application. The due date for the grant application is February 25 and so while interested, we did not feel that we would be able to meet the deadline this year. However, Alpharetta has offered to include us in the grant application with them. Because our programs mirror each other and serve the same community, we felt the application and funding could benefit both programs. North Metro Miracle League, Inc. will serve as the fiscal agent for the FRESH Grant. We are required to execute a Resolution when applying for or receiving grant funding. We will provide our required information and funding request to the City of Alpharetta to be included in the application. The application will then be reviewed, approved and submitted by the North Metro Miracle League, Inc. on both cities’ behalf. The requested funding will be used to cover expenses associated with field trips and other fees for Camp Joyful Soles. Attachments: A RESOLUTION ALLOWING THE CITY OF MILTON TO RECEIVE FUNDING THROUGH THE FRESH GRANT UTILIZING NORTH METRO MIRACLE LEAGUE, INC. AS A FISCAL AGENT
STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO APPROVAL OF A RESOLUTION ALLOWING THE CITY OF MILTON TO RECEIVE FUNDING THROUGH THE FRESH GRANT UTILIZING NORTH METRO MIRACLE LEAGUE, INC. AS A FISCAL AGENT WHEREAS, Grant funding is available through the Fulton County Housing & Human Services Department; and WHEREAS, this funding is called the Fulton Roundtable Expanded Services Headquarters (FRESH) Grant; and, WHEREAS, an applicant for or sponsor of the FRESH Grant must be a not-for-profit corporation exempt from federal taxation and under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, that provides, among other things, adapted sports programs for children and adults with disabilities; and WHEREAS, the North Metro Miracle League, Inc. meets this grant application requirement; and WHEREAS , the City operates a recreational summer camp program for children with disabilities and special needs, which program is known as “Camp Joyful Soles”; and WHEREAS, Camp Joyful Soles is consistent with the organizational purposes of the North Metro Miracle League, Inc.; and WHEREAS, the City of Milton has requested that North Metro Miracle League, Inc. act as City’s fiscal sponsor in conjunction with the application for a FRESH grant to partially fund the Camp Joyful Soles; and WHEREAS, North Metro Miracle League, Inc. has agreed to act as City’s fiscal sponsor, subject to the terms and conditions mutually agreed upon and contained in an executed Memorandum of Understanding, NOW, THEREFORE BE IT SO RESOLVED, this 23rd day of February, 2011, by the Mayor and Council of the City of Milton that the submission of an application by the North Metro Miracle League, Inc. on behalf of the City of Milton for funding through the FRESH Grant is hereby approved; and if funding is approved the City of Milton will maintain all required financial records with regard to the disbursement of these funds. SO RESOLVED, ON THIS 23RD DAY OF FEBRUARY 2011. Joe Lockwood, Mayor Attest: (Seal) Sudie Gordon, City Clerk