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07-06-11 Packet
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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Wednesday, July 6, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Nancy Evans, Community of Christ Church, Milton, GA 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- 138) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 16, 2011 Regular Minutes. (Agenda Item No. 11- 139) (Sudie Gordon, City Clerk) 2. Approval of the May 25, Special Called Work Session Minutes. (Agenda Item No. 11- 140) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 6, 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. 3. Approval of a Parks and Recreation Event License Agreement between the City of Milton and Eagle Stix Lacrosse, Inc. to Offer a Girls Youth Lacrosse Program. (Agenda Item No. 11- 141) (Cyndee Bonacci, Parks & Recreation Director) 4. Approval of a Construction Services Agreement between the City of Milton and Horticultural Gardens for the Embankment Restoration Project at Bell Memorial Park in the Amount of $9,107.00. (Agenda Item No. 11- 142) (Cyndee Bonacci, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing July is Parks and Recreation Month. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Approval of a Resolution of the City of Milton, Georgia Establishing a Moratorium on the Enforcement of the Telecommunications Operating License Fee Associated with Annual Registration for Owners and Users of Telecommunications Facilities. (Agenda Item No. 11- 143) (Lynn Tully, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Approval of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 11-133) (First Presentation at June 20, 2011 Regular Council Meeting ) (Ken Jarrard, City Attorney) 2. Approval of an Ordinance to Amend Chapter 7, Alcoholic Beverages, of the City of Milton Code of Ordinances to Authorize the Package Sales of Malt Beverages, Wine and Distilled Spirits by Certain Retail Package Licensees during Certain Hours on Sundays; to Provide for the Repeal of Conflicting Ordinances; to Authorize a Referendum on the Package Sale of Alcoholic Beverages on Sundays; and for Other Lawful Purposes. (Agenda Item No. 11-134) (First Presentation at June 20, 2011 Regular Council Meeting ) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 6, 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. 11) NEW BUSINESS 1. Approval of City of Milton Strategic Plan 2012 to 2015. (Agenda Item No. 11-144) Discussed at Work Session of May 9 and June 13, 2011 (Chris Lagerbloom, City Manager) 2. Approval of the Purchase of Property at 15690 Hopewell Road, Milton, Georgia 30004. (Agenda Item No. 11- 145) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11-146) The minutes will be Provided electronically 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: June 23, 2011 Meeting Date: July 6, 2011 Agenda Item: Approval of a Parks and Recreation Event License Agreement between the City of Milton and Eagle Stix Lacrosse, Inc. to Offer a Girls Youth Lacrosse Program Background: The Parks and Recreation Department is eager to begin offering programs and additional services to the citizens of Milton. Many of these programs may be offered by outside providers through a license agreement with the City of Milton based on a submitted program proposal rather than offering these programs through a paid independent contractor or a paid employee of the City. Discussion: Eagle Stix Lacrosse, Inc. is a local non-profit organization founded by members of the Milton community approximately 5 years ago. They have grown to over 200 Milton female athletes and 30 Milton coaches. As you know, lacrosse is a growing, popular sport here in Milton. Until now, the program has been hosted in various places around Milton, but they have not had a permanent home in Milton. The program consists of recreational level play as well as advanced play opportunities from grades K-12. They approached the City in late 2010 and provided an initial partnership proposal in January 2011. Since then, we have been working through various documentation and a location for the program. Northwestern Middle School is the proposed site for the program. We are still working on an IGA for Northwestern. Field improvements are planned at Northwestern this summer and Eagle Stix will help contribute to those improvements. If for some reason, Northwestern is not available, we will find space for them at one of the other IGA schools. We are moving forward now so that registration may get underway for the fall lacrosse season. We have reviewed the proposal, held meetings, checked credentials and references, and received a copy of their license and liability insurance coverage. Tom and I agree that this girl’s youth lacrosse program would be an asset to the Parks and Recreation Department. Once this agreement is approved, registration would begin immediately. A commission of 10% of all registration fees will be paid to the City of Milton each season because Eagle Stix will also cover improvements and maintenance for the field(s). Non- resident fees will be collected by Eagle Stix at a rate of 50% more. Attachments: A Parks and Recreation Event License Agreement between the City of Milton and Eagle Stix Lacrosse, Inc. to Offer a Girls Youth Lacrosse Program 1 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT In consideration of the mutual promises made herein, this License is entered into on this _____ day of __________________, 2011 by and between, the City of Milton, Georgia (hereinafter the “City”) and Eagle Stix Lacrosse, Incorporated (hereinafter “Licensee”): 1. Licensed Use: The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use Northwestern Middle School, 12805 Birmingham Hwy, Milton, Georgia 30004 (the “Premises”), for a youth recreation program known as Eagle Stix Lacrosse (the “Event(s)”) for Fall 2011, Winter 2011-2012, Summer and Spring 2012 beginning on July 7, 2011 and ending on May 31, 2012. The parties agree that in the event Northwestern Middle School is not available, this License shall be amended in writing to provide for an alternative premises. This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License immediately for convenience at any time by providing a written notice of termination to Licensee. a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by reference. As further consideration for this License, Licensee shall pay to the City 10% of all registration fees received by Licensee. Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee. b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security matters at the Premises and with all pertinent rules and regulations (including all Rules and Regulations of the Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the Premises by Licensee and guests of the Event(s). c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from: i. Any and all loss and/or damage to the Premises or any property located thereon caused by the Licensee and/or by any guest of the Event(s); ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s); 2 and iii. Any other occurrence that results from the Event(s). 2. Miscellaneous Provisions: a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform under this License. b. The Licensee shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent, reckless or intentional acts or omissions of the Licensee. c. Time is of the essence. d. This License shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City: _______________________________ Joe Lockwood, Mayor For the Licensee: ___________________________________ David Winsness, President, Eagle Stix Lacrosse, Incorporated Attest: _____________________________ David Smith, Secretary [AFFIX CORPORATE SEAL] 3 CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT Exhibit “A” Licensee: Eagle Stix Lacrosse, Incorporated Term: Beginning July 7, 2011, Ending May 31, 2012 (The parties may renew this License annually in writing executed by both parties); Registration may begin upon execution of this agreement Program/Activity/Event: Girls Youth Lacrosse (Grades K-12th) Location: Northwestern Middle School (Per City FUA and/or IGA with Fulton County Schools) or another mutually acceptable location Time(s): 5:30 p.m. to 8:30 p.m. (Weeknights) 9 a.m. to 5 p.m. (Saturdays) 12 p.m. to 5 p.m. (Sundays) Day(s): Monday-Sunday Registration Process: www.eaglestixlacrosse.com Fees Charged By Licensee: LEAGUE: $190 (Resident Discount) $285 (Fee) Rate Paid to City of Milton: 10% of all registration fees received by Licensee for Leagues & Camps held at Northwestern Middle School (In addition: Mutually agreed upon improvements made at Northwestern Middle School through FUA and IGA with Fulton County Schools) Payments Made: Two weeks after the end of registration Reporting Documentation Required: Participant rosters including address, age, along with fee paid Limitations: Space and time available for use; Field(s) must have at minimum one (1) day with no use, two (2) is preferred Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent Verification, References, Experience, Certifications, Background Checks and Correspondence The City of Milton will market this program partnership on its website under Parks and Recreation, Programs and Activities. 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: June 29, 2011 Meeting Date: July 6, 2011 Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Horticultural Gardens for the Embankment Restoration Project at Bell Memorial Park in the Amount of $9,107.00 Background: The City of Milton is constantly evaluating improvements for Bell Memorial Park. Several small improvement projects have been performed within the past year. The embankment along the third base side of Field 1 has been eroding for some time and has become unsightly and is causing runoff issues for the area along the third base side of Field 1. A retaining wall has been identified as the best solution for this area. Discussion: The City received three complete written quotes to address the erosion along the bank. Mark Law was instrumental in working with the three companies to obtain the quotes. Horticultural Gardens was the best quote received. Now is the time to perform the work because HYA is in between seasons and no usage will be interrupted. Once the agreement is approved, work should be completed within 14 days, weather permitting. This project will be paid for with money set aside in Parks and Recreation Capital from HYA Reinvestment Funds. The City will address the grading below the new retaining wall once this project is complete. Attachments: A Construction Services Agreement between the City of Milton and Horticultural Gardens for the Embankment Restoration Project at Bell Memorial Park in the Amount of $9,107.00 City of Milton SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS This Services Agreement (the "Agreement") is made and entered into this day of , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and HORTICULTURAL GARDENS (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A - SCOPE OF WORK EXHIBIT B — INSURANCE EXHIBIT C — CONTRACTOR AFFIDAVIT AND AGREEMENT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as installation of a 27" high retaining wall at 236'long including gravel, drain, fill, grading behind wall and groundcover seed mat. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 14 days of the "Notice to Proceed". Section 4, Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed9 1$ 07.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of Ci : Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 2 1. Meeting: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warran : Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immuni . Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibits "C" and "D" that it and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. Compliance with the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation, as applicable, is mandatory. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [CONTRACTOR'S NAME] Signature: Title: [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: 3 EXHIBIT "A" Scope of Work Horticultural Gardens Office. 404-955-4260 Email. ®� wev. t�aa�•tiis: a�1::a� ral��ard es.z3 et Po. Box41143,C umming,GA,3 0068 City of Milton 11011 Park CUm111u pity House 1.) Modular wail, at 27" height, at 236 .Lon-. Fall sits on 18"w lay 12" Deep 0174. 77 gravel, with 957 gravel, Back fill. Wall includes Compaction of new fill (City of Milton) Supplies, at 6 to 12 Wards. Also includes 4" Slotted pipe French drain behind wall....:$8140.00 2.)A11 Grading behind wall 15' to side wally included 3.Y♦eseue Seed Haat, at 2800 sal feet.....965.00 Grand total................................................................$9107.0€l Paywent due u[g) t completion of project,witla in 30days. Warranty" 5 Year Warranty Structural and Mod u[ar wail(#1) City of Milton X. Date llortieultural Gardens Rep. X mate EXHIBIT "B" Insurance JUN -23-2011 16:44 FROM:101 INSURANCE 7708892507 Td:678E42E550 P.1 THE POLICIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INAICATED, NOTWITHSTANDIN ANY REQUIREMENT, TERGA OR CCNDTYION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY INE POLIC15 DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUS1i3NS AND COND17ICNSOF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HSR POLICY EFFEC7IYE POLICY EXPIRATION Ljmr TYPE DF iNSDRAHCE POLICY HIIMHER �1 r1 11 EACH OCCURRENCE i � ,ODD,000 GENERALLIABILITY iC OCMMERCIALGENERAL LIABILITY FIRE CAMA EE (My one Bley i A cu1MSµADE occuR OUS009022480 5117111 5117112 IdEDExP[Anyaneparaonl s5.000 PERS9 NAL &ADV INJURY S l 000 Odfl GEN -1 AGGREQATE LIMN APPLIES PER: I POWCY FITAT n LOU AUTOMOBILE LIAIRUTY ANY ROTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NPN�OWHEO AUTOS ANY AUTO EXCESS LIABILITY OCCUR 1:1 CLAIMS MADE DEDUCTIBLE RETENTION 3 WORKERS OOMPEHSATION AND EMPLOYERS LiABILTTY OTHFR DESCRIPTION OFaPERA'nCNSIWOCAVONSNEHICLESreXCI.USIOSS ASDEO BY EN66RSEMFNTISPECIAL PROVISIONS LANDSCAPE GARDENING CITY OF MILTON MARK LAW 13000 DEERFEILD PARKWAY, SUITE 107 MILTON, GA 30004 FAX:678-242-2550 CARO 25•S (7157) E COMBINE D%KaLE L1 MIT i (Ea amwen9 RUDELY INJURY i [Pal person] BODILY INJURY = (Per HDdAknil PROPERTY DAMAGE _ AuTOONLY-EA ACCIDENT i OTHER THAN EA ACC f AUTO ONLY: AGO i EACH OCCURRENCE i hmmulrnATE i E.L.. EACH ACCIDENT _ ,� f .._.. .. - SHOULD ANY OF THE ABOVE DESCRISEDPOLICIES BE CANCELLED BEFORE THE E1[PI 7ION DATE THEREOF, THE ISSUIND INSURER WILL ENDEAVOR TO MAIL �6yq ITTEN NOTICE. TO THE CEFI'PnCATE HOLDl7i NANF.D TO THE B F AE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Y -K D E INSURER. RS AGENTS OR nFp REBENTATIVFS. AUTHORIZED REPRESENTATI erriuo CORPORATIbN 1988 FOR STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned fiu-ther agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [INSERT CONTRACTOR NAME] Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: 0 JULY IS PARKS AND RECREATION MONTH WHEREAS, parks and recreation facilities and programs are an integral part of communities throughout this country, including the City of Milton, Georgia; and WHEREAS, parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well- being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community’s economic prosperity by creating desirable places to live, work, play and visit, thereby contributing to increased property values, increased tourism, attraction and retention of businesses, and crime reduction; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, produce habitat for wildlife and provide a place for children and adults to connect with nature; and WHEREAS, parks and recreation activities and special events provide opportunities for citizens to come together and experience a sense of community and fellowship; and WHEREAS, the City of Milton strives to enhance and preserve the quality of life for Milton residents by providing recreational programs and services, both passive and active in nature, with respect for our City’s rural heritage and its natural beauty; and WHEREAS, the City of Milton recognizes all of the benefits derived from parks and recreation resources, NOW, THEREFORE, We, the Mayor and City Council hereby proclaim July 2011 as “Parks and Recreation Month” in the City of Milton and encourage all citizens to join us in celebrating and supporting our ongoing parks and recreation initiatives. Given under our hand and seal of the City of Milton, Georgia on this 6th Day of July, 2011. _____________________________________ (Seal) Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: June 22, 2011, Submitted for the July 6, 2011, City Council Regular Meeting for First Presentation. Agenda Item: Moratorium on Enforcement of Chapter 54, Telecommunications of the City of Milton Code of Ordinances, Section 54-8(c), Maintenance of Facilities CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached moratorium on enforcement of Chapter 54, Telecommunications of the City of Milton Code of Ordinances Section 54-8(c). Background: Implementation of our current telecommunications ordinance includes a provision for a telecommunications operating license for each tower and antennae within the city. These licenses are due by July 31 annually. Discussion: As staff was preparing the information to implement notices and begin requiring the telecommunications operating licenses, it came to our attention that one of the jurisdictions we modeled our ordinance after has pending litigation regarding this specific provision of their ordinance. In addition, we have been made aware of the telecommunication industry’s intent to follow our implementation with litigation as well. Therefore, it was deemed prudent to enact a moratorium until such time as the Liberty County litigation is completed and the findings held up to judicial scrutiny. Alternatives: The Mayor and City Council may choose to continue with enforcement as outlined in the code and the expected litigation. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney ] 1 STATE OF GEORGIA COUNTY OF FULTON RES NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA ESTABLISHING A MORATORIUM ON THE ENFORCEMENT OF THE TELECOMMUNICATIONS OPERATING LICENSE FEE ASSOCIATED WITH ANNUAL REGISTRATION FOR OWNERS AND USERS OF TELECOMMUNICATION FACILITIES WHEREAS, the City of Milton, Georgia has been and continues to be a thriving municipality in an area where the demand for wireless telecommunication services is continuing unabated; and WHEREAS, as a result of the demand for cellular telecommunication devices, information delivery devices and other wireless products, the City of Milton has experienced an increased interest by the telecommunications industry in the siting and construction of towers and tower accessory structures for the provision of telecommunications services (together “Tower” or “Towers”); and WHEREAS, the Mayor and City Council presently have in effect a regulatory framework set forth in Chapter 54 of the City of Milton City Code (“City Code”) wherein pr ivate entities may apply for and receive permits to construct and utilize telecommunications Towers; and WHEREAS, in accord with this framework, section 54-8(c) requires owners or users of new or existing telecommunications facilities to annually register and obtain a “telecommunications operating license,” for which the City has established a fee of $1,000 (“telecommunications license fee”), in order to collect current information regarding telecommunication permit holders and to cover the costs of inspecting and documenting the condition of permitted towers, antennae, and other telecommunications facilities; and WHEREAS, the Mayor and City Council are aware that representatives of the telecommunications industry have expressed an intention to challenge the enforcement of the City’s telecommunications license registration and fee; and WHEREAS, the Mayor and City Council are aware that similar regulations of telecommunications facilities imposed by Liberty County, Georgia are currently the subject of litigation as to the enforceability of the regulations (“Liberty County litigation”); and WHEREAS, the Mayor and City Council of the City of Milton find and believe that the public health, safety and welfare is best served by awaiting a determination from the Liberty County litigation before attempting to enforce the telecommunications license fee in the face of potential legal challenges; and WHEREAS, the Mayor and City Council find that adopting a moratorium on enforcement of the telecommunications operating license registration and fee until a final decision is rendered in the Liberty County litigation, but in no event longer than nine months, is narrowly tailored and the least restrictive means available to address the City of Milton’s needs and interests both in terms of the time period described herein and in terms of the moratorium’s narrow impact of only affecting collection of telecommunications license fees; and 2 WHEREAS, the Mayor and City Council find adopting a moratorium on enforcement of the telecommunications operations license registration and fee until a final decision is rendered in the Liberty County litigation, but in no event longer than nine months, to be in the best interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: The Mayor and City Council do hereby adopt a moratorium on the enforcement of the requirement for registering and obtaining an annual telecommunications operations license and paying the telecommunications license fee beginning immediately upon the adoption of this moratorium and ending upon the earlier of: 1) the final conclusion of the Liberty County litigation; or 2) nine months from the adoption of this moratorium; at which time the Mayor and City Council may consider whether further extension of the moratorium is reasonable and in the interest of the public health, safety, and welfare. The moratorium adopted herein does not limit the ability of property owners to develop their land as currently zoned, nor does this moratorium prohibit consideration of permit applications, nor does it prohibit the construction of telecommunication Towers where a permit has already been issued; This Resolution shall be effective after public hearing upon a majority vote by the City Council as ratified by the Mayor of the City of Milton. SO RESOLVED, the public’s health, safety, and welfare demanding it. This ___ day of __________________, 2011. _________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon City Clerk (Seal) GEORGIA FULTON COUNTY: THIS AGREEMENT entered into between the City of Milton, a municipal corporation lying wholly or partially within the County of Fulton, Georgia, hereinafter referred to as "City", and FULTON COUNTY, a political subdivision of the State of Georgia hereinafter referred to as "County". WITNESSETH: WHEREAS, City in the performance of its governmental functions will hold the election hereinafter described; and, WHEREAS, under the provisions of the Georgia Municipal Election Code, particularly Section 21-2-45(c) of the Official Code of Georgia, Annotated, City may by ordinance authorize County to conduct such election and City has heretofore adopted such an ordinance: NOW, THEREFORE, in consideration of the premises contained herein, it is hereby agreed as follows: 1. This contract shall govern the conduct of the following election hereinafter referred to as "election," City of Milton General Election to be held on November S, 2011 and the City of Milton General Runoff Election to be held on December 5, 2011. 1 2. The Fulton County Board of Registration and Elections shall operate as the "Superintendent" of the aforementioned election and shall perform. any and all functions of the City or any of its officials in connection with the conduct of such election or runoff thereof, except as hereinafter provided. 3. The cost of such elections shall be in accordance with the budget attached hereto as Exhibit "A" and made a part hereof by reference. City agrees to pay County the original sum of L42,746.00 forthe City of Milton General Election and 136,593.00 forthe City of Milton General Runoff Election, to be maintained in a separate election account with all expenses and charges in connection with the election to be recorded and paid from said account. City shall remit said funds to County upon execution of this contract by all parties involved. Within ane hundred twenty (120) days after the date of the election or any run-off election related thereto, whichever is fast to occur, County shall furnish to City a complete statement showing ail costs and expenses incurred in the election and refund any excess in the election account or collect any deficit which may be in said account. After this time, all other invoices (reasonably incurred with respect to the election) received will be forwarded to the City for payment. 2 EI The County shall not be financially responsible for any liability resulting from or furnishing of any services in the form of legal opinions or defenses in connection with any litigation arising by reason of the election. All legal services and defenses of litigation required by any Board or person arising from the afore -mentioned election(s) under this contract shall be furnished by the City Attorney for the City. Should the City Attorney for any reason fail to provide the legal services referred to in this paragraph, the Superintendent shall have authority to engage the Fulton County Legal Department at the expense of the City; provided, however, that all requests for legal assistance by the County from the City Attorney to provide such service shall be communicated in writing before the City will be obligated to pay for legal services under this paragraph; provided, further, that the failure of the City Attorney's office to respond to a request made hereunder, within a reasonable time, shall be deemed to be a refusal to furnish such services. County shall notify City in writing of its determination that the City has failed to respond as contemplated hereinabove before incurring legal fees on its own behalf for which the City shall be responsible. 5. All decisions concerning the qualifications of candidates shall be determined by the Clerk of Council of the City of Milton in accordance with the provisions of the Municipal Election Code and the Code of Ordinances of the City. 3 .1 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals pursuant to resolutions of their governing bodies duly adopted and entered on the Minutes thereof. CITY OF MILTON (Seal) Mayor APPROVE© AS TO FORM: City Attorney 4 Attest: City Clerk FULTON COUNTY Attest: CONTRACTNOVI1.MELT (Seal) Chair, Board of Commissioners Clerk to Commission APPROVED AS TO FORM: County Attorney (Seal) Fulton County Board of Registration & Elections 5 PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2011 EXHIBIT A 350-265-2683-1001 SALARIES - OVERTIME (prorated) Information Technology, Registration & Elections -----_.. .................. ........ $2,563 350-265-2683-1004 SALARIES-TEMPORARY(prorated) Admin. Aides, Poll Wrkr Instructs, Drivers, etc....... . ............ ............ $18,923 Total Temporary Salaries .......................... .............. $18,923 350-265-2683-1010 SOCIAL SECURITY (salaries) ............ . . . . .. .. $21,486 350-265-2683-1011 SOCIAL SECURITY -MEDICARE....... $21.486 350-265-2683-1060 UNEMPLOYMENT INS .................... $21,486 350-265-2683-1120 RENTAL EQUIPMENT (prorated) Vans, Tables, Radios, Chairs Cell Phones .................... $1,403 TOTAL LEASES............ .. . .. .............................. 350-265-2683-1121 RENTAL BUILDINGS Public and Private Facilities TOTAL RENTAL. .......................................... .... ........... ........ ....... 350-265-2683-1159 HOURLY FEE PERSONNEL Pali Workers 2 Dual Manager @ $275 .............. $550 7 Chief Mgrs @ $250 .......................................... $1,750 18 Asst Mgrs @ $200 .......................................... $3,600 20 Clerks @ $175.., $3,500 PW Trng. Class (47 @ $301ea).. $1,410 Total Poll Workers...... ........................ $10,810 Election Night Workers (@ variable rates (prorated) ...... ............... $1,406 $1,330 $310 $40 $1,403 $1,000 TOTAL HOURLY FEE PERSONNEL ........................ ............................... $12,220 350-265-2683-1160 PROFESSIONAL SERVICES (prorated) AttorneyFees ........................................................................... .. $28 350-265-2683-1178 FEES (prorated) 5 Members @ $50/meeting (prorated)... ............. $47 350 -265 -2683 -1345 -MILEAGE (prorated) SAD Election Day Mileage.................................................................. $180 350-265-2683-1452 VEHICLE SUPPLIES (prorated) Gasoline...... ............................................ $841 350-265-2683-1456 POSTAGE (prorated) Absentee Ballots letters to voters, candidates, poll workers; other............................................................ ............ $170 BALANCE CARRIED FORWARD..... . ....... I ...........1....... 1. $39,055 PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2011 EXHYBITA 35O'2O5'2O83-145QPRINTING & BINDING (pronated)...................................... $825 350-265-2683-1461 PHOTOCOPIES (prorated) $206 36O-286-28B3'1482OFFICE SUPPLIES (prooabad) Miscellaneous Office Supplies ............................... $330 Ballot Cards @ $4OO/K8(1`8OO)+set up fee/shipping. $1.283 350-285-2883-1501 lNSURANCE-HEALTH' --.'----- — '—' S280 350-265-2683-1605 INSURANCE LIFE --------- -------' $20 35O-2G5-2G83'151OINSURANCE -DENTAL .--'-----....................... $30 35O-2G5-2883-1512INS-VISION .................................................................. $10 35D-2G5-2G83'1522-RET|REMATCH.................................................... -- $78 35O-205-2083-1525PENSION EMPLOYEES ------- ............ ............................ $460 35D'2O5-20034527OC-CNTR'EPLR........ ----........ --------- $102 85O-285'2M83-152SDC-CNTR-2%----------------------------------------------------------------------------- $25 PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2011 EXHIBIT A MILTON GENERAL RUNOFF - DECEMBER 6, 2011 350-265-2684-1001 SALARIES - OVERTIME (prorated) Information Technology, Registration & Elections ----------- ........................... S2,574 350-265-2684-1004 SALARIES - TEMPORARY (prorated) Admin. Aides, Drivers; etc....... --------- -------------- ...................... $16,242 (prorated) 350-265-2684-1010 SOCIAL SECURITY Poll Workers (salaries) ....... ..................................... $18,816............... $1,170 350-265-2684-1011 SOCIAL SECURITY -MEDICARE....... $18,816 --------------- $270 350-265-2669-1060 UNEMPLOYMENT INS .................... $18,816 ............... $40 350-265-2684-1120 RENTAL EQUIPMENT (prorated) $9,400 Election Night Workers (@ variable rates (prorated)- --- ------------------ Vans, Radios, Tables, Chairs and Cell Phones. .............. $1,918 TOTAL LEASES. ........ ............. . ............................ $1,918 350-265-2684-1121 RENTAL BUILDINGS Public and Private Facilities -------------------------------- --------- $1,000 TOTALRENTAL...... ................................................. ............. $1,000 350-265-2684-1159 HOURLY FEE PERSONNEL Poll Workers 2 Dual Manager @ $275 ......................................... $550 7 Chief Mgrs @ $250. ........ $1,750 18 Asst Mgrs @ $200------------------------------------------ $3,600 20 Clerks @ $175 ...................... $3,500 Total Poll Workers.................................................................... $9,400 Election Night Workers (@ variable rates (prorated)- --- ------------------ $1,041 TOTAL HOURLY FEE PERSONNEL............................................................ $10,440 350-265-2684-1160 PROFESSIONAL SERVICES (prorated) Attorney Fees........ ....... .. .... ..... . ... .. 350-265-2684-1178 FEES (prorated) 5 Members @ $501meeting. ................................... ............................... $64 350 -265 -2684 -1346 -MILEAGE (prorated) SAD Election Day Mileage.................................................................. $248 350-265-2684-1452 VEHICLE SUPPLIES (prorated) Gasoline......................................................................................... $759 350-265-2684-1456 POSTAGE (prorated) Absentee Ballots letters to voters, candidates, poll workers. other................................................................................. $116 350-265-2684-1459 PRINTING & BINDING (prorated) --------------------------------- - $0 350-265-2684-1461 PHOTOCOPIES (prorated) .............................................. $13 BALANCE CARRIED FORWARD.... ....................... ..... .............. $34,893 PROJECTED COST MILTON GENERAL ELECTION NOVEMBER 8, 2011 EXHIBIT A BALANCE BROUGHT FORWARD......... ................... ........... ------------------ $34,893 350.265-2684-1462 OFFICE SUPPLIES Miscellaneous Office Supplies (prorated) ................ $45 Ballot Cards @ $4001M (900)+ set up feelshipping.... $630 TOTAL SUPPLIES .................... -- --------- $680 350-265-2684-1475 STOCKPAPER (prorated) ................................................ $17 350-265-2684-1501 INSURANCE - HEALTH ------------------ ------------------------------- $280 350-265-2684-1505 INSURANCE - LIFE ....................................................... $20 350-265-2684-1510 INSURANCE - DENTAL.. ................ ....... ....................... $30 350-265-2684-15121NS-VISION.................................................................. $10 350-265-2683-1522- RETIREMATCH................................... .................... $76 350-265-2684-1525 PENSION EMPLOYEES ................................................. $460 350-265-2683-9527 DC-CNTR-EPLR............................................................ $102 350-265-2683-1529 DC-CNTR-2%...................................................................... ... .. $25 TOTAL MILTON RUNOFF ELECTION........................................................................ $36,593 TOTAL MILTON GENERAL AND RUNOFF ELECTIONS ............................................... 79 339 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, OF THE CITY OF MILTON CODE OF ORDINANCES TO AUTHORIZE THE PACKAGE SALES OF MALT BEVERAGES, WINE AND DISTILLED SPIRITS BY CERTAIN RETAIL PACKAGE LICENSEES DURING CERTAIN HOURS ON SUNDAYS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO AUTHORIZE A REFERENDUM ON THE PACKAGE SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS; AND FOR OTHER LAWFUL PURPOSES WHEREAS, Chapter 7 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages within the City of Milton; and WHEREAS, the members of the 2011 Session of the Georgia General Assembly adopted Senate Bill 10, which authorizes Sunday package sales of alcoholic beverages by licensed package retail dealers under certain conditions and subject to a local referendum; and WHEREAS, the package sale of alcoholic beverages is currently lawful in the City of Milton during certain hours on Monday through Saturday; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the provisions of this Ordinance in accordance with the provisions of Senate Bill 10 to permit the package sale of alcoholic beverages during certain hours on Sundays subject to a referendum. THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the ___ day of ________, 2011 at 6 p.m. as follows: SECTION 1. That this Ordinance relating to amending Chapter 7 Alcoholic Beverages of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 7, Article 4, Section 2 (codified as Section 4-189) of the Alcoholic Beverages Ordinance shall be modified by deleting the existing subsection (a) and replacing it with the following new subsection (a): (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except: (i) between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday; and (ii) on Sundays between the hours of 12:30 p.m. and 11:30 p.m. Chapter 7, Article 5 (codified as Chapter 4, Article 4, Division 3) of the Alcoholic Beverages Ordinance shall be modified to include the following new Section 4-213: Section 4-213. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except: (i) between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday; and (ii) on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. All other portions of the Alcoholic Beverages Ordinance shall remain undisturbed and are hereby reaffirmed. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance is conditioned upon approval in a referendum to be held on November 8, 2011. The election superintendent shall call the election and submit to the qualified voters of the City the question set forth in Section One (O.C.G.A. § 3-3-7(q)(2) of Senate Bill 10. If more than one-half of the votes cast on the question are for approval, this Ordinance shall become effective on November 19, 2011 if the City has declared the certified election results by that date . If the question is not so approved, this Ordinance shall not become effective and shall be deemed repealed without further action of the Mayor and Council. ORDAINED this the _____ day of __________, 2011. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk (Seal) As of 6/14/2011 City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 June 14, 2011 To: The Citizens of the City of Milton and City Staff: It is with great pride that I present to you the City of Milton’s first strategic plan, the result of literally hundreds of hours of hard work, spirited debate and valuable input from residents, volunteers, staff and my fellow elected officials. A special thank you goes out to Alysin and Frank Foster of the Centre for Strategic Management for their calm and measured guidance throughout this process. I’d like you to notice a few things about this document as you read through it to give you a deeper understanding of this process and end product. 1. The purpose of a strategic plan is to provide city staff a road map for successfully navigating the priorities agreed upon (in as much as that is possible) by the community. It gives large sign posts and directions – but doesn’t trace every step. Thus, you’ll notice this plan is not incredibly specific about how the strategies outlined will be fully implemented into City Hall culture. This will be the purpose of departmental plans, which will be created for the next three budget years based on this document. I think you’ll find in the next three years that what we set out to accomplish in this plan will come to fruition, and that this document won’t simply gather dust. 2. This strategic plan covers three years: 2012 to 2015. If you do not see an issue covered extensively in the document, it is likely that goal could not be accomplished in this specific time frame. The strategic plan also doesn’t supersede those long-term issues – rather, these shorter spans of work will often complement those bigger tasks. Traffic is a good example. We know traffic is an issue in many parts of Milton. However, this long- term issue is covered extensively in the City of Milton Comprehensive Transportation Plan and tangentially in the City of Milton Comprehensive Plan (both available online). By identifying that we want to “Provide Responsive and Responsible Government” over the next three years, we are committing ourselves to executing those long term plans, which represent community desires. 3. The stakeholders outlined in the plan were identified by myself and the City Council as those most affected by our work in the next three years. Exclusion of a specific group does not mean they are not vital components to the health of Milton, rather that they likely would be more affected by longer-term planning documents. With that said, please take a few minutes to see what our hard-working moderators, volunteers and staff have created. I think everyone can agree that most, if not all, of the strategies included in the plan are what’s best for our city. And remember – it doesn’t end here. There’s always work to be done, and I’m confident our city will always provide the great minds to see it completed. Sincerely, Joe Lockwood Mayor, City of Milton City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: The Citizens of the City of Milton, Georgia The Honorable Mayor Joe Lockwood and Members of Council City Staff Longer-term planning is important so that direction can be set – and progress can be documented. It is for this reason we challenged ourselves to complete and deliver Milton’s first strategic plan. The result is a plan I am honored to deliver to the City of Milton. Throughout the Strategic Planning process, we often asked ourselves the question, “Why plan?” The answer always came back to two tenets: direction and vision. This plan has purpose if it brings value to the key stakeholders and is utilized to promote the direction and vision agreed upon by citizens and elected officials. It is for that reason our work isn’t done. Instead, we must remain vigilant that our operations align with the mission, vision and values of the City of Milton outlined in this plan. As we undertake this mission, I am excited for the opportunity to: challenge the status quo; figure out ways in which we can work smarter; understand the paths to engage and communicate with each other better; and find ways to build upon the success of the last couple years. The City of Milton is committed to executing the strategies outlined in this plan. This document, and others, will directly tie into future budgeting and decision making. The Milton management team supports this plan’s direction and looks forward to delivering on its promise. I want to take the time to thank the Strategic Planning Team. Hours of hard work, solid debate, open dialogue and willingness to accept feedback brought this process to where it is today. I especially want to take the opportunity to offer a special thanks to the citizen volunteers who gave of their time and talents to work on this plan. Rita, Mike, Carrie, Jack and Cliff – thank you! So, I say, we have a plan, let us move forward. Sincerely, Christopher J. Lagerbloom City Manager Table of Contents Introduction 1 Executive Summary 2 Strategic Management Process 4 Strategic Planning Team 5 Strategic Plan 6 Appendix Current Critical Issues 14 Current Sources/Uses of Funding 18 Current State Assessment 20 Key Success Measure Glossary 24 Strategic Direction Alignment Matrix 27 Epilogue 29 1 INTRODUCTION It is truly a unique opportunity in the State of Georgia to be able to create a new city. The City of Milton, along with two other North Fulton County cities, was able to do just that recently. With any start-up effort of this magnitude, there is a need for much planning. Over the last four years, the City of Milton has laid much of that ground work with the development of many plans that the City has completed or will be completing very soon. Comprehensive planning, transportation planning, pavement management planning and planning to meet the safety needs of the community are also very much a part of how we look toward the future. By design, each of these plans work in concert to chart a true direction for Milton. With a need to somehow tie all of these various plans together, The Milton City Council held a Strategic Focusing Retreat on 4/23/10 with the facilitation assistance of Alysin and Frank Foster of the Centre for Strategic Management to set the future strategic direction for the City for the next 3-5 years. At their Retreat, the Council considered the City’s many stakeholders – all were important and all had compelling needs. Knowing that they could not meet every stakeholder’s needs effectively with there being only so much time, energy and resources they could devote, they asked themselves, “To whom can the City of Milton bring the greatest value over the next three years?” After much discussion and deliberation, the Council officially identified the following stakeholders as the key focus of the City’s time, energy and resources for their 2012-2015 Strategic Plan: - Families (including youth) - The Business Community - The Equestrian Community The Council also validated the Vision that was created during the early formation of the City, and passed it along to the Planning Team to craft a Mission and a roadmap of priorities to achieve the Council’s desired strategic direction for the next 3-5 years. 2 EXECUTIVE SUMMARY Under the leadership of the City Manager, the City of Milton held its first Strategic Planning session on 11/17/10. The Strategic Planning Team selected by the Council to develop the Plan was comprised of several city staff members, joined by citizen representatives who advocated for the various stakeholder groups. The Planning Team met for approximately 6 months to create a strategic roadmap for 2012-2015 as the Council had requested. During the six months of meetings, the Team systematically, through a Strategic Management Process, laid out their steps to the Plan, including: - Scanning the internal and external environment for current trends, clues, and indications of events or factors that might have an impact on the successful execution of the Strategic Plan. - Validating the identified key stakeholders’ needs and requirements and how the successful achievement of the Plan could add value to each of these stakeholders over the next three years. - Validating the Council’s Vision and crafting a Mission which helps set the future direction for the Plan, and ultimately for the City. - Conducting comparison research of other cities across the nation to learn from and which “Best Practices” could be gleaned. - Looking at themselves honestly and assessing their current strengths, weaknesses, opportunities and threats for achieving their desired Vision and Mission. - Crafting 5 Core Strategies that would mobilize the City to action and that would close the gap between where the City is today and where they aspire to be in the future to achieve the Vision and Mission they see. - Identifying the necessary high level Strategic Actions that would make the strategies come alive and engage the City and community in executing them. - Adopting a set of Core Values which will help guide the City’s day-to-day behavior, decision- making, and interactions with others. - Identifying areas for strategic measurement that establish the baselines for their measures. This management tool assists the Council and Administration in gauging whether they are on track for achieving their Vision and Mission, adding value to the key stakeholders, and holding themselves accountable. - Soliciting feedback on whether the evolving Plan was on track and gathering new input into the Strategic Plan through stakeholder focus groups, namely the Home Owners’ Association Presidents, the Horse Council, The Business Alliance, City-appointed Boards & Committees, and the employees of the City of Milton. They also held a feedback and input session for the Community-at-Large. All input was considered by the Planning Team. Those contributions 3 that were strategic in nature were incorporated into the Strategic Plan and those that were more about day-to-day operations will be considered and detailed in the development of the various Department Plans of the City Administration. - Setting the stage for resource decisions for a multi-year budget process so the City can be held accountable for outcomes involving the expenditure of taxpayer funds. - Presenting the Mayor and Council with drafts of the Plan to review and provide feedback. As a second step to this process, operational plans defining the “how to’s” will be detailed and completed within the individual city departments. A Plan is only as good as its execution. To keep the outcomes of this Strategic Plan dynamic, viable, relevant, and continually adding value, its implementation will include detailed Departmental Plans, regular Council review and Administration monitoring, and periodic on-going feedback from key stakeholders. 4 Strategic Management Process The Strategic Management Process Strategic Thinking is about clarifying the Direction and Vision of the whole organization – and its success measures and goals. It asks Five Strategic Thinking Questions – in sequence: PHASE A: Where do we want to be? PHASE B: How will we know when we get there? PHASE C: Where are we now? PHASE D: How do we get there? PHASE E: Ongoing: What will/may change in your environment in the future? The City’s Core Planning Team gave very thoughtful consideration to each one of the 5 phases of the Strategic Management Process as graphically depicted in the model below: Property of the Centre for Strategic Management and all Rights are Reserved -2011 5 2012 – 2015 Strategic Planning Team City Council Members Joe Lockwood – Mayor Karen Thurman – District 1 Julie Zahner Bailey – District 2 William C. “Bill” Lusk – District 3 Burt Hewitt – District 4 Joe Longoria – District 5 Alan Tart – District 6 Core Planning Team Members Community Members Jack Flowers – Milton Citizen, Member of Horse Council Clifford Jones – Principal, Milton High School Michael McAlpin – Milton Citizen Carrie Schwimmer – Milton Branch Manager, RBC Bank U.S.A. Rita Young – Milton Citizen; All About Developmental Disabilities, Inc. City Administration Chris Lagerbloom – City Manager Cyndee Bonacci – Director, Parks and Recreation Robert Edgar – Fire Chief Deborah Harrell – Police Chief Stacey Inglis – Director, Finance Carter Lucas – Director, Public Works Sam Trager – Director, Human Resources Lynn Tully – Director, Community Development Jason Wright – Communications Manager Sudie Gordon – City Clerk Linda Matthews – Executive Aide Strategic Plan Facilitators Alysin & Frank Foster – Centre for Strategic Management 6 City of Milton 2012 – 2015 Strategic Plan (Revised Draft – 05/22/11)) Vision: “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character. “ Mission: “The City of Milton will provide opportunity and value in a responsive and responsible environment through active partnerships with the community and its stakeholders.” Key Stakeholders for the 2012 – 2015 Strategic Plan: • Families (including youth) • The Business Community • The Equestrian Community The City of Milton Council, Administration and Staff embrace the following Core Values that they will strive to live by, incorporate into their decision making and keep in the forefront in the way they treat their stakeholders. The City of Milton’s Strategic Direction is established in its Vision and Mission Statements. They define the City’s focus and the value they want bring over the next three years. The City Council gave careful consideration to all of those who have the greatest stake in the Plan’s success and identified three key stakeholders for the next three years. It is important to note there are many other important stakeholders who make our community complete, but given a finite amount of time, energy and resources they can be committed for the life of this short, three-year plan, the following Key Stakeholders were identified. 7 Core Values: The City of Milton’s core values: Innovation: We proactively explore new modes and models of conducting public service and utilize, among other avenues, partnerships with local governments, schools and community groups, all while remaining committed to providing cutting-edge, budget-conscious solutions to community needs. Quality: We take the time and effort to produce results that reflect and perpetuate the community’s pride in Milton’s natural beauty and standard of living in all aspects of local government, from staff’s daily interactions with residents, to large-scale building projects, to long-range planning and policy decisions. Integrity: We conduct all business according to the most stringent ethical standards, manifesting the public’s need for honest, open representation and service. Transparency: We are motivated by the desire to improve the lives of residents and, in order to promote participation by the citizens and accountability in our actions, committed to maintaining a visible and predictable environment. Respect: We conduct each citizen and staff encounter with esteem for the sense of worth or excellence deserving of the individual in order to build better communication and stronger relationships. Fiscal Responsibility: We maintain a balanced budget that exhibits a continuing commitment to accurately and ethically generating revenue, maximizing resources and monitoring spending. Professional Development: We place the needs, welfare and well-being of our employees in the highest regard because we recognize people are our most precious and vital resource. 8 Core Strategies: Strategy: Build Relationships Strategy Definition: Build lasting relationships that create and maintain Milton’s sense of community. Strategy Champions: Jason Wright & Cyndee Bonacci Strategic Action Items: Strengthen Public Relations • Increase marketing and promotion: o Market the City as a reprieve from other local areas. o Create campaign to claim and identify with Milton. o Promote Milton to Milton (internal to Milton). o Implement a Milton “claim to fame” (attract controlled growth). o Continue to promote city’s attractiveness to citizens (what we are doing well). o Keep citizens informed of Milton’s actions. o Promote community events – art shows, concerts, lectures, and family-oriented activities. • Increase communication: o Promote and develop opportunities for citizen communication. o Communicate city’s goals at non-city/community events. o Create feedback loops. • Send out “How are we doing” surveys yearly. • Create comment cards and place them in city hall. After conducting a Current State Assessment, the Planning Team was able to identify “gaps” between the value they want to bring to their stakeholders and where they assess their current ability to deliver on that value. The Current State Assessment (S.W.O.T.) revealed Strengths that could be built upon over the next three years, Weaknesses they might have to overcome, Opportunities they may want to leverage, and/or potential Threats that may get in the way of the City being able to successfully achieve its Plan for their stakeholders. The following Strategies and Strategic Action Items were identified to help “close the gap” between where they are now and the value they want to bring their stakeholders. They focused on the “critical-few” strategies that would have the greatest impact and over which they had the most control or ability to influence. These Strategies will be assessed on an on- going basis to ensure they are continuing to be effective, efficient and having the intended impact. Strategy Champions have been identified to ensure the implementation of each strategy keeps moving forward. 9 o Communicate better between groups – community and employees. o Hold Open Houses at City Hall and other locations. o Engage citizens through common social networks. o Create a Milton “welcome” package through partnership with the Business Alliance. Bolster Community Collaboration • Foster and explore new and existing relationships with private entities to deliver services. • Foster and explore new and existing public partnerships. o Develop joint use, recreation areas, and facilities with schools. • Develop relationship with areas that might be under-represented, i.e. high density areas. • Publish partnerships with local non-governmental agencies and other governments. • Continue outreach to horse community and other groups that enhance Milton’s unique nature. Citizen Engagement • Develop programs to keep volunteer base engaged. • Develop a Citizens Academy to educate on the function and capabilities of government o Department workshops. • Continue to encourage diverse perspectives. • Implement Hometown Heroes program. Strategy: Promote the Equestrian Lifestyle Strategy Definition: Supporting both equestrian culture and community through preservation and promotion. Strategy Champions: Robert Edgar & Jason Wright Strategic Action Items: Promote and Retain the Equestrian Culture and Community • Increase awareness of equestrian community. • Include equestrian uses in the city-wide trail plan. • Co-sponsor equestrian-related events. • Establish infrastructure requirements and development standards that are equestrian-friendly. Strategy: Protect and Preserve Open Space Strategy Definition: Actively promote the rural character of Milton through protection, preservation and acquisition of open space. 10 Strategy Champions: Lynn Tully & Deborah Harrell Strategic Action Items: Open Space Protection • Begin a “Greenspace Fund” for purchase of greenspace properties. * • Study the implementation of Conservation Subdivision Regulations. * • Define a Rural Protection Area. * Open Space Preservation • Create an Open Space Preservation Plan. * • Develop a Transfer of Development Rights Policy. * * These were extracted from the Comprehensive Plan Strategy: Provide Responsible and Responsive Government Strategy Definition: Provide quality services in a fiscally responsible environment while maximizing resources. Strategy Champions: Carter Lucas & Sam Trager Strategic Action Items: Engage in Proactive Planning • Review and update existing ordinances. • Study Best Practices of other organizations. • Follow the Comprehensive Plan. * o Implement the Transportation Master Plan on schedule. ** o Avoid density in rural areas and encourage development in areas identified by the Comprehensive Plan. * o Build upon the positive attributes of the different areas of Milton. * • Continue to evaluate City facilities. • Develop and implement a Parks and Recreation Comprehensive Master Plan. • Update and begin implementation of city-wide trail plan. • Develop programs, activities, and events based on the 2010 Parks and Recreation Needs Assessment. • Develop and implement an infrastructure needs plan. ** o Implement continuous road improvements. o Improve transit opportunities. o Coordinate with state on traffic issues. 11 o Utilize technology infrastructure to add efficiency. Provide Quality Services • Emphasize customer service. • Make services easily accessible and efficient. • Determine service standards for each department. o Develop, track and publish benchmarking statistics. o Develop corresponding levels of staffing. o Recruit and retain highly qualified staff. o Provide professional development opportunities • Ensure open access to all government documents. Seek Innovative Funding Strategies • Research new grant opportunities. • Evaluate current fee structure and study user fees. • Identify sustainable revenue sources. • Evaluate revenue enhancement opportunities. • Plan capital improvements funding source. * These were extracted from the Comprehensive Plan. ** These were extracted from the Transportation Master Plan Strategy: Structure Economic Growth Strategy Definition: Create a climate for economic success. Strategy Champions: Stacey Inglis & Lynn Tully Strategic Action Items: Plan for Sustainable Growth • Conduct business development outreach. • Plan for appropriate growth. • Track and publish appropriate growth statistics. • Provide initiatives to promote development of commercially zoned areas that are vacant in accordance with the Comprehensive Plan.* Promote and Support Local Businesses • Promote Milton businesses to Milton residents and other Milton businesses. o Publish and distribute “Shop Local” guides. 12 • Promote the city for business and real estate opportunities. * These were extracted from the Comprehensive Plan Key Success Measures: • Growth in business receipts • Organizational cost to serve per citizen • Average scores from Satisfaction surveys, for each of the following stakeholders: o Families (Including Youth) o Business owners o Equestrian community • Number of business permits • Annual participation rate in official City/Partner sponsored events (Festivals, Concerts, etc.) • Number of new business start-ups • Amount of protected “Greenspace” acreage To assess whether they are on track with their Plan and continuing to add value to its stakeholders in terms of the services and processes as outlined, the City of Milton established its Key Success Measures. They are quantifiable expression of the outcomes of the Mission Statement. These measures were developed from the perspective of four critical areas: Financial, Key Stakeholders, Employees and Business/Process Improvement. They will be continuously monitored on a regular basis throughout the 2012-2015 Strategic Plan horizon. 13 APPENDIX 14 Current Critical Issues 15 Critical Current & Future Issues for the City of Milton The Strategic Planning Team considered the current and future issues impacting the City of Milton. In doing so, the Team was able to be more anticipatory and have a better grounding in what the stakeholders will need and want from them going forward. These considerations could have a bearing on the successful achievement of the Strategic Plan and the delivery of value for the stakeholders. • Identity of Milton – what is Milton? / Old Milton-New Milton / 2 Milton’s (East & West) – what can be the balance between the 2/ random boundaries / the transition has been smooth, have not noticed any change in service level since became a city / lack of architectural consistency / citizens sleep here, but how many work, shop, do their daily business in Milton? / level of service expectations / Dynamic tension between the various parts of Milton – common ground • High expectations of citizens • Preservation of true agricultural areas – rural, pastoral / passionate about conservation • Traffic patterns • Transportation – no major thoroughfares • Zoning • Council support for the Plan • Construction of a new City Hall • Parks & Recreation – create & build / trails • Greenspace • Sustainability – environmental, economic, community, organizational / not at top of city’s agenda • Creating a downtown 16 • Economic development – few commercial areas – Crabapple, Birmingham Crossing / empty commercial and retail buildings / lengths of commutes to work / impact on ISO rating / no local Chamber or Rotary • Equestrian community – who are they? Number of farms, number of horses and amount of money they bring to the community / what percentage of the population do they represent? / what are their needs: how similar, how different / what is their true nature? • Definition of “growth” – “0” growth / density / encroachment on the equestrian areas / diversity • Education – co-exist / partner / implications of having a 2nd high school / shared resources • Length of planning processes – e.g. (3) years on the Comprehensive Plan / feeling a little “planned out” • Public safety – implications of future development on resources / implications for community planning /expansion of services / resources, e.g. special events • Creation of Milton County • Financial status of the city – need for critical infrastructure improvements, e.g. roads, bridges / not prepared for growth it has experienced / budget constraints / preserve what we have / no utilities / will hit a “cap” on the number of partners we can partner with • Technology – need to be technology-friendly as a community / demand and requirements for more data / more people using it / more complex / new entrants will want access to their business, City Hall / greater access from home & their cars / need for more power lines / sun- setting of old technology / outgrown current & wear and tear / ability to expand capabilities to accommodate new technologies, e.g. fiber optics, VOIP, cell towers, Wi-Fi coverage • Shift in pace – scrambling / patching / start-up mode vs. taking stock of what we have / finally feeling settled • Input participation – high expectations / how really representative was the input on the Comprehensive Plan? • City Administration – lean / smart / talented / technically skilled / hard-working / a tad cautious / good stewards / competitive pay and benefits / no real morale issues / not rooted in tradition, e.g. the way we have always done it / attracted by the challenge of its newness / 17 opportunity to be “pioneers” / co-located / good collaboration between departments / cohesive / make sacrifices for one another • Coordination of plans – strategic plans with Comprehensive Plan / Transportation Plans / Trail Plans, etc. 18 Current Sources/Uses of Funding 19 Current Sources/Uses of Funding Sources of Funding Uses of Funding Current State Assessment (S.W.O.T.) Current State Assessment Property Taxes 8,663,691$ 49.8% Other Taxes Local Option Sales Tax 3,540,000 Franchise Fees 1,700,000 Insurance Premium Tax 850,000 Business & Occupation Tax 578,000 Motor Vehicle Tax 450,000 Alcohol Beverage Excise Tax 281,000 Intangible Tax 160,000 Real Estate Transfer Tax 37,000 7,596,000 43.7% Licenses & Permits 263,750 1.5% Charges for Services 318,000 1.8% Fines & Forfeitures 502,500 2.9% Investment Income 15,000 0.1% Miscellaneous Revenue 37,802 0.2% Total Revenue 17,396,743$ 100.0% Mayor & Council 166,912 1.0% City Clerk 224,741 1.3% City Manager 297,343 1.7% General Admin 548,694 3.2% Finance 517,011 3.0%Legal 240,000 1.4% IT 525,571 3.0% HR 238,606 1.4% Risk Mgmt 175,621 1.0% PI & Mktg 85,371 0.5% Court 226,604 1.3% Police 2,524,380 14.5% Fire 4,196,653 24.1% EMS 136,881 0.8% Public Works 1,513,980 8.7% Parks & Rec 357,374 2.1% Comm Dev 652,724 3.8% Debt Service 716,543 4.1% Other Financing Uses 4,051,734 23.3% Fire 4,196,653$ 24.1% Other Financing Uses 4,051,734 23.3% Police 2,524,380 14.5% Public Works 1,513,980 8.7% Debt Service 716,543 4.1% Community Development 652,724 3.8% General Administration 548,694 3.2% IT 525,571 3.0% Finance 517,011 3.0% Parks & Recreation 357,374 2.1% City Manager 297,343 1.7% City Clerk 224,741 1.3% Legal 240,000 1.4% Human Resources 238,606 1.4% Municipal Court 226,604 1.3% Risk Management 175,621 1.0% Mayor & Council 166,912 1.0% EMS Operations 136,881 0.8% Public Info & Marketing 85,371 0.5% Total 17,396,743$ 100.00% 20 Current State Assessment 21 City of Milton Strategic Planning Current State Assessment S.W.O.T. Updated 02-23-11 By conducting a Current State Assessment, the Planning Team was able to identify “gaps” between the value they want to bring to the stakeholders and where they assess the City’s current ability to deliver on that value. The Current State Assessment (S.W.O.T.) revealed Strengths that could be built upon over the next three years, Weaknesses they might have to overcome, Opportunities they may want to leverage, and/or potential Threats that may get in the way of the City being able to successfully achieve its Plan for its stakeholders. The Current State Assessment helps the Team to identify Strategies and Strategic Action Items that will help “close the gap” between where the City is now and the value they want to bring its stakeholders in the future. STRENGTHS • The City of Milton doesn’t needlessly waste money • Fiscally conservative • Being geographically located next to established amenities, so we don’t have to provide everything • Demographics • Lack of development • One of last open spaces in metro area • There is a good mix of housing in the City. Just about any type housing someone is looking for is available. • Schools • Low Crime • Citizen Involvement • Uniqueness/Different • Access to 400 • City is located near just about anything a resident could need. Shopping, highways, restaurants and reasonable access to a major airport. • Current political climate • Strong governmental leadership (elected officials and employees) • Senior staff is capable • Willingness to address community needs • Willingness to seek out input from the community • Partnerships with schools, communities and other governments • Open local government • The organization is small enough that it is easy to distinguish who is in charge • Focus on planning first • Relatively new residential infrastructure 22 • Personal contact with citizens • Services offered by the City seem to be viewed positively by the community • Staffing is adequate to address identified priorities • City staff has good motivation from an energized public. • We try to provide good customer service – response to citizens. • Compared to other municipalities, Milton municipal taxes are relatively low. WEAKNESSES • Limited funding and revenue • Greenspace, parks and roads aren’t funded to full potential because of lack of funding • Lack of recreation opportunities (though that is now changing) • Difficult for city to increase millage rate • Traffic • Main arteries of city are through other jurisdictions – can't control traffic • Lack of downtown community/identity • There is no central district, place to gather. Sometimes unable to understand conflicting community priorities • Some view the Fulton County taxes as high • Not able to always provide level of service expected • There are expectations from residents for a higher level of service than provided by Fulton County pre-incorporation. Millage rate set to provide same level of services provided by Fulton County • Not actively attracting commercial businesses • Lack of mass transit options • Required legal and legislative process slows things. • Perceived as not being business-friendly • Current ordinances unable to protect greenspace, identified as a priority OPPORTUNITIES • Modest growth • Growth space and open land • Need to keep moving forward • The City is still young – can plan for future and change direction • Willing volunteers • Public trust • Have time to think through growth • Need to have citizen buy-in • Use of strong staff • Receptive council • New facilities • New parks • Planned developments • Partnerships 23 • Technology THREATS • Economy • Weak tax base • Urban sprawl • Disconnect among groups may create community friction • Lack of revenue sources • Budget • Comparisons to adjoining municipalities • Each group may have different needs - diversity may pit groups against each other. Example: equestrian vs. non-equestrian • Unknown changes in the political climate • Differing views for what is considered “progress” • Perception of government • Changes at State Capitol • Inability for the city to raise taxes • Changing leadership of elected officials • Potential loss of public support for the new city • Regulatory mandates • Increased demands on the city and staff with a constrained budget Additional Reflections from Comparison City Research and Team Reflections • There is no draw to come to Milton unless you live here • There are some who don’t want to make it easy to get through Milton, e.g. as a pass-through on your way to one of the neighboring cities • There is no historic attraction in Milton • We are here, but people don’t know we are / we lack an identity • We lack a centralized equestrian “voice” • Where is Milton’s end-game? / What does it want to end up being? • Use our growth as a strength • We have great proximity to GA 400 and other amenities / we are conveniently located no further than 6 miles from everything; thus we may not be able to draw people here; it may be sufficient to just have access to these amenities) 24 Key Success Measure Glossary 25 City of Milton 2012 – 2015 Strategic Plan Key Success Measure Glossary The “Key Success Measure Glossary” describes how the Key Success Measures are being defined, what the targets or trends will be, if known, how the data is being calculated to determine the measure, and the source from which that data will be drawn. Success Measure Target / Trend Calculation Source of Data Financial Success Measures 1. Growth in Business Receipts • Year 2012 - 20131 • Year 2013 – 20142 • Year 2014 – 20153 Occupational tax revenue Community Development Data 2. Organizational Cost to Serve per Citizen • Year 2012 - 20131 • Year 2013 – 20142 • Year 2014 – 20153 Projected spending vs. Actual spending General fund budget divided by population • Budget • 2010 Census data adjusted annually based on Community Development estimates Key Stakeholder Measures 1. Average Scores from Satisfaction Surveys: • Families (including youth) • Business Owners • Equestrian • Year 2012 - 20131 • Year 2013 - 20142 • Year 2014 - 20153 Percentages from surveys Survey results 26 community Internal Business/Process Improvements 1. Number of Business Permits • Year 2012 - 20131 • Year 2013 - 20142 • Year 2014 - 20153 Net number of new business permits Community Development Data 2. Annual participation rate in official City/Partner sponsored events (Festivals, Concerts, etc.) • Year 2012 - 20131 • Year 2013 - 20142 • Year 2014 - 20153 Track separately the number of events and estimated number of attendees Parks & Recreation Data 3. Number of “New Business Startups” • Year 2012 - 20131 • Year 2013 - 20142 • Year 2014 - 20153 Number of new business (non- renewal) permits issued Community Development Data 4. Amount of protected “Greenspace” acreage • Year 2012 - 20131 • Year 2013 - 20142 • Year 2014 - 20153 Total acres of protected common or public greenspace – whether public or private ownership Community Development & GIS data Foot Notes: • Year 2012 - 20131 - Baseline to be established in the first Plan year • Year 2013 - 20142 - Target to be determined once baseline has been established • Year 2014 - 20153 - Target to be determined based upon target/trend established the previous year 27 Strategic Direction Alignment Matrix 28 Strategic Direction Alignment Matrix For the 2012-2015 Strategic Plan horizon, the following “Strategic Direction Alignment Chart” further details the City of Milton’s Vision, Mission and how they align with each of the Strategies and the Key Success Measures. Our Vision Statement: “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character.” Our 3 Year Mission Statement: “The City of Milton will provide opportunity and value in a responsive and responsible environment through active partnerships with the community and its stakeholders.” Build Relationships Protect and Preserve Open Space Provide Responsible and Responsive Government Promote the Equestrian Lifestyle Structuring Economic Growth Build lasting relationships that create and maintain Milton’s sense of community Strengthen Public Relations Bolster Community Collaboration Citizen Engagement Key Success Measures • Average Scores from Satisfaction Surveys: o Families (including youth) o Business Owners o Equestrian Community • Annual participation rate in official City/Partner sponsored events • Number of “New Business Startups” Actively promote the rural character of Milton through protection, preservation and acquisition of space Open Space Protection Open Space Preservation Key Success Measures • Average Scores from Satisfaction Surveys: o Families (including youth) o Business Owners o Equestrian Community • Amount of protected “Greenspace” acreage Provide quality services in a fiscally responsible environment while maximizing resources Engage in Proactive Planning Provide Quality Services Seek Innovative Funding Strategies Key Success Measures • Organizational Cost to Serve per Citizen • Average Scores from Satisfaction Surveys: o Citizen o Business Owners o Equestrian Community Supporting both equestrian culture and community through preservation and promotion Promote and Retain the Equestrian Culture and Community Key Success Measures • Average Scores from Satisfaction Surveys: o Equestrian Community • Amount of protected “Greenspace” acreage Create a climate for economic success Plan for Sustainable Growth Promote and Support Local Businesses Key Success Measures • Growth in Business Receipts • Average Scores from Satisfaction Surveys: o Citizen o Business Owners • Number of Business Permits • Number of “New Business Startups” 29 Epilogue It has been an honor and a privilege to have worked with the City of Milton on its first Strategic Plan. As the City closes out this phase of its work, we are reminded of a famous quote: “The only limits to our realization of tomorrow will be our doubts of today. Let us move forward.” Franklin D. Roosevelt We wish the City of Milton well as it embarks upon the journey of implementation towards the realization of its desired outcomes. Regards, Alysin & Frank Foster Centre for Strategic Management Conyers, GA (678) 458-4780 After recording, ploase rehurn to: Dickenson Gilroy LLC 3780 Mansell Road, Suite 140 Alpharetta, Gcorgia , 0022 AL11.00321/City ofMiltol,l STATE OF GEORGIA COUNTY OF FUL"1TON DINT GN GILRGY LLC Jun 21 R11 fl:4?Pm PROM LIM[ITEJ) WARRA.NTY))E4 ED THIS INDENTURE, made this /-P*5y of June, 2011, betwecjl BRANCH BANDING AND TRUS7C COMPANY (hereinafter the "Grantor"), and CITY" OF MILTON, a political ,SLlbdlvision of the State of Georgia (hereinafter the "Graptee") (the wgrds "Grantor" and "Grantee" to include their respective legal representatives, successors, and a,5signs where the context requires or pe:rmits). WITNESSETH that Grantor, for and in consideration of the slim of TEN AND N0/100 ($1.0.00) DOLLARS in hand paid at and before the sealing acid delivery of these presents, and caller good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby actmowledged, has granted, bargained, sold, aliened, conveyed and coll-firmed, and by these presents does grant, bargai», sell, alien, coiivey and confirm unto Grantee, to wit: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 4.03 of the 2`1 District, 2"" Section, Fulton County, Georgia, and being more particularly described in Exhibit "A" attached hereto and incorporatedby this reference Herein.; TOGE.17.1=1ER with any and all easern.ents, rights-of-way, appurtenan.ccs, or rights appertaining or in aziywisc belonging thereto ijiclud.ing, without limitation, any portion of the property lying within the right-of-way of any publicly dedicated street, roadway or alleyway; and TOGETHER with any and all improvements, structures or fixtures located therein or thereon (the "Pro crt "). Jun 21 R11 fl:4?Pm PRUE TO 1-1AVE AND TO MOLD the Property, with all and singular the rights, members, and appurtenaiwes thereof, to the same being, belonging, or in anywise appertaining, to elle only proper use, benefit, and behoof of the said Grantee forever in ,FEE; S1Mf'LIS, SUBJECT, IIOWEVER, to those items expressly referenced in Exhibit "B" attached hereto and incorporated herein by reference (the ".Permitted Title Excey,ioiYs"). AND THE SAID Grantor will warrant and forever defend the right mid title to the Property unLo the said Grantee against the claims of all persons claiming by, through, or under Grantor, except as to claims ftrising under the Nmaitted Title Exceptions. IN WITNESS WIIEREOF, Granter bras signed and sealed this deed the day, month, and year first above written. QRA.NTOR; BRANCI T BANJUNG AND TRUST COlVIPA1�Y +:}' iii r l l Signed, sealed Laid delivered o I in the presence of; Nance, Cindy L M mior Viet P'J/Prgjccts/jLD7 CAy of Milton 2 Decd, Grant and Convcya.ncc acccptcd. by: Sighed, sealed and delivered ill the presellce OF. Jun 21 R11 fl:4?pm PE/M GRAN'Tr.E: CITY OF MILTON, a Pod tical Subdivision of the State of Georgia By: Uil (SEAL) Tit1c: Notary Public m 4 qttpj99lY1ldpy�� Commission .Expiration Date: y .��,pMMlS4���+•rQ �� f ol.� [NOTARIAL SEAL] w 94 A. Purstiant to and in accordance With �l-1a � � '��7.1catioll ofPurcliase and Sale A.greeme.m between t17c City of Milton, Georgia and Branch Banking Ind Trust Compauy, dated April. 25, 2011, by the City County of the City of Milton, Georgia, Agenda Item No. 11-086. P,//PCojculs/J LD/City of M ilton DINIGN GILRQY LLC Jun 21 R11 fl:4?Pm PQM/M EXHIBIT "A" LEGAL DESCRIPTION All tliat tract or parcel of land lying and being in Land Lot 403 of the 2"' District, 2"' Section, Fulton County, Georgia, and being more parlicularly described as .follows: The find the TRUE POT NT OF BEGINN.I.NG, commence at an iron pin found at the point of intersection of the northeasterly right-of-way line of Birmingham Road (60 foot .right -of way) with thQ northwesterly right -of -wily line of Hopewell Read (50 foot right-of-way), continuing thence along said right -of: -way line of Bin..ingham Road, North 41 degrees 29 minutes 33 seconds West a distance of 169.14 ieet to an iron. pin found, said iron. pin being the TRUE POINT OF BEGTN..M. G. From the TRUE POINT OF BEGINNING thus established, leaving said right -of: - way line of Birmingham Road, thence running North 31 degrees 54 minutes 19 seconds East a distance of 356,10 feet to a point, thence running South 39 degrees 51 minutes 26 seconds East a distance of 231,03 feet to a point, said point being on the northwesterly right-of-way line of Hopewell Road, thence rLwning along said right-of-way line of IIopewell Road along the arc of a curve to the left having a radius of 881.82 feet an arc distance of 177.14 feet (saidare being subtended by a chord bearing South 44 degrees 26 minutes 20 seconds West, a chord distance of 176.84 -feet) to a point, thence running South 38 degrees 41 minutes 02 seconds West a distance of 1212 feet to a point, thence leaving said right-of-way line of Hopewell Road., rt7nrrning North 41 degrees 29 minutes 33 seconds West a distance of 149.40 feet to a point, thence rurming Solid. 38 degrees 41 minutes 02 West a distance of 148.50 feet to a point on fhe tlortheasterly right-of-way line of Birmingham Road, thence running along said right-of-way line of Birmingham Road, North 41. degrees 29 minutes 33 seconds West a distance of 19,74 feet to an iron. pin found and the TRUE POINT OF BEGINNING. AND: All. that tract or parcel of land lying and being in land Lot 4,03 of: the 2"� District, 2"d Section, Fulton County, Goorgia and being more particularly described as follows: Beginning at an iron pin found at the point of intersection of the northeasterly right-of-way line of Birmingham Road (60 foot right -of; -way) with the northwesterly right-of-way line of Hopewell Road (50 foot right-of-way); thence running North 4.1 degrees 29 rniuiates 33 secol)ds Nest a distance of 149.40 Meet to a point; tbence running North 38 degrees 41 m:irmtes 02 seconds Fast a distance of 148.50 feet to a point; thence running South 41 degrees 29 n1iiiLr(Qs 33 seconds East a distance of 149.40 feet to a point on the northwesterly right-of-way line of Hopewell Road; thence continuing along said right-of-way line of Hopewell Road, SnUth 38 degrees 41 minutes 02 seconds West a distance of 148.50 feet to an iron pin foLmd on [lie northeasterly right-of-way line of Birmingham Road and the point of beginning. The above described parcel contains .5019 tures of land as disclosed by a survey prepared for JT Adams by Bates -Long & Associates, dated ALrgUA 29, 2007, NNIND GILROY LLC Jun 21 R11 fl:4?Pm PROM AND: All that tract or parcel of huad lying gild being hi Land Leat 403 of the 2"`i District, 2°`i Section!, Fulton County, Georgia and being more particularly described as follows: The 'find the triuc point of beginning, comunencc at an iron pin found located at the point of intersection of the northeasterly right-of-way line of Binruingha n Road (60 foot right-o,f way) with the northwesterly right-of-way line of Hopewell Road. (50 foot right-of-way), continuing thence: North 38 degrees 4.1 minutes 02. seconds Fast along said northwesterly right-of-way line of Hopewell Toad a distance of 160.62 feet to a poilit; continuing thence along said right-of-way line of Hopewell Road and along the arc of a curve to the right having a radius of 881,.$2 feet, an arc distance of 1.77.14 feet (said arc being subtended by a chord bearing North 44 degrees 26 minutes 20 seconds East a chord distance of 176.84 feet) to a point; said point being the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING thus established, leaving said right-of- way line of IIopewell Road; thence runniug North 39 degrees 51 minutes 26 seconds West a distance of 231.03 feet to a point; thence running North 31 degrees 54 minutes 19 seconds Fast a distance of 37.30 feet to ail iron pili found; thence running South 76 degrees 12 minutes 00 seconds East a distalice of 93.42 feet to an iron pin found; thelia running North 80 degrees 08 minutes 22 seQmids Last a distance of 217.05 feet to an iron pin found; thenec running South 20 degrees 36 minutes 08 seconds 'East a distance of 100.00 feet to an iron pin set on the northwesterly riglit-of= wa.y lino of Hopewell Road; thence running in a southwesterly direction along said right-of-way line of Hopewell Roadthe following courses and distauces: South 65 degrees 07 minutes 03 seconds West a distance of 31.53 -feet; South 62 degrees 28 minutes 39 seconds West a distance of 71.56 feet; South 58 degrees 17 minutes 51 seconds West a distance of 33,84 feet to an iron pin found; thence along the are of a curve to the left having a radius of 581,82 feet, an are distance of 1. 12.24 fect (said arc being subtended by a chord bearing South 53 degrees 50 loinutes 23 seconds 'Vilest a chord distance of 112.16 feet) to a point and the true POINT OF BEG.I.NNING. The above dcscribed parcel contains 1.00 acres of land as disclosed by a survey prepared for U, Adams by Bates -Long & Associated, dated. August 29, 2007. P:l/Prnjge 0LD/Cify of Mil1'ou DINT ON GILROY LLC Jun 21 N11 fl:4?Pm PROM EXHIBIT "B„ PERMITTED E XCEPTIONS All taxes for the year 2011, liens not yet due or payable, and subsepent years, and away additional Mixes which result from a rebilling or reassessment of the subject property. 3, Riparian rights incident to the premises. 4. All matters as shown in plat recorded in Deed Book 4.5662, Page 357, Fulton Cotmty, Georgia, Real Estate records. 5. Eascmcnt for Tngress and Egress from Wilda Boyette to l;l;arry E. Coop and Marion A, Cook, elated May 28, 1993, filed Bor record June 16, 1993, and recorded in Deed Book 1.6795, Page 307, aforesaid records. P;//PvgJQCtSiJ LD/City of M ilfoi} Jun 21 R11 fl:*m PHAN INFORMATION FOR R. A14 INSTATE 1099-S .REPORT F11JNG as Required by the Internal Revenue Service Section 6045 of the Internal Revenue Code, as mnended by the: 'Tax Reforria Act of 1986, requires the reporting ot'cert:ain information on every real estate transaction. From the inforination you provide below, a Form 1099-S will be produced, and a copy o:f:'.it will be 1 LKrnisbed to the I.R.S. and to you no litter than January 31 of the next year. If you fall to furnish adequate information (in partic-Likir, a. taxpayer J[D m i nber), then you will be subject to all I.R.S. Regulations, including the possible withholding of twenty percent (20%) of the. ctirrem sales price. FILE NUMBER: �- ALI 100321 SELLER'S NAME: Branch 1 anIcing and Trust Conapany SELLER'S MAILING ADDRESS:, 1302 West Spring Street Monroe, Georgia 30655 FEDERAL TAX I,1) NO: 56-1074313 CLOSING DATE: June 2011. PROPERTY ADDRESS: ,.SA.1�laS 15690 I°lopewell Road Milton Georgia 30004 PRICE: $250,000,00 WAS THIS YOUR PRINCIPAL RESIDENCE? Yes No X PURCHASER'S NAME: City of Milton, a. political subdivision of the State of Georgia I certify that the above information is correct and I understand that it will appear on a Form 1099 that will be sent to me and to the Internal Revenue Service, Dated: Rine 1 11 *011 P-//Pm10CIS 0,p115690 1 [opmoll Rd SELLER: BRANCH BANIUNG AND TRUST COMPANY Sys Name: Circ .y L. McGol I' Title: Senior Vice Pres' -n NNIND GILRQY LLC Jun 21 R11 fl:*m PRUE AFFIDAVIT OF SFraIXR'S RE, SIDENCE This form is provided to be cxccatcd by Cindy L..M.cGoldric;k ("Affiant") as Senior Vice President of Branch Banking and Trust. Company ("Seller„) and delivered to City of Milton, a political subdivision of the State of Georgia ("Buyer") co estkebliSh Georgia rQside.ncy so that the proceeds of the sale of Property are not subject: to the wichlinlding laws ol'O:C.G.A, §48-7-1.2$. Seller is not subject to withholding :from the proceeds of sale if Sclit:r either resides in Georgia or Seller is deemed to be a Georgia resident by virtac of the 'fiiut that SQ11cr has tilled Georgia tax returns In the preceding two years, does business or owns property in Georgia, intends to tile: a Georgia tax return 'l:or the current: year, and, if a. corporation or lirnitod parr ers.hip, Is registered to do business in this state. Buyer is not required to withhold if this affidavit (Ur elle in substantially the sante form) is Submitted to the Department in lira of a withholding tax return. Seller is to c:xc:cutc this affidavit by checking the blanks preceding the statements which apply. A. Sellcr is 4xempt :from withholding on the gale of property becauSU: Seller is a resident of Georgia. 13, Seller is not a resident of Georgics, but is &&rued a resident for purposes of withholding by virtuir Of the; following (all of the below must: be met): Seller is a nonresident who has filed Georgia tax 1-l`wm.,, for the preceding two years. Seller is an established business in Gcorgia and will continue Substantially the Salm business in Georgia after the sale of the: property OR the Seller has real property remaining in the statc at the: time of closing of qual or greater value than the withholding tax liability as lnmi&ired by the 100% property tax assessment of such remaining property. Seller will report the stile on a Georgia Income Tax return fbr the current year and file the return by its due date. 1:f Seller is a m-poration or limited partnership, Seller is registered to do business in Georgia. Under penalty of perjury, 1 swear that the above information is, to the best of my knowledge and belief, true, correct and complete. Sworn to and subscribed before me this _ Clay Uf June, 2171 AFFIANT: AU F FfANT: . Notary Public Name; Cindy 1✓. r olcir1 � flll,y�fTitle: Ct11D1' ViGL' Pr 'iClOrl (NOTARY SEAL) �is�; IS „p� _ My collunission expires;^ P:IIJLI}lCi1y ul'Milipri STATE Of GEORGIA COUNTY OF r ULTON DINIGN GILRQY LLC Jun 21 R11 fl:*m PHAN SLLLF,,.R'S AFFIDAVIT Personally appeared before me, the undersigned. officer, Cindy L. McGoldrick, as Senior Vice President for BRANCII BANKING AND TRUST COMPANY, who being Aly sworrl according to law, del)oses and stays, to the best of Deponent's lulowledge and belief, an oath as follows: 1. That Braasch Banking and Trust Company is the Owner of real property with improvements heated tliereon being more particularly described as follows: Attached at .Exhibit "A" and incorporated herein by reference, 2. Tbat Owner is authorized to transaction business under the laws of the State of Georgia. 3, That Owner .is in possession of said property and that there is no other party in possession of, or with any right to possession of, the property, 41. That there is no outstanding indebtedness incurred by 'the Owner for eq-iipinent, appliances, or other fixtures attached to the Property. 5. That the lines and corners ofthe Property are clearly marked., and there are no encroacbments, overlaps, boundary line disputes or ether adverse matters which would be disclosQd by an accurate Survey and inspection of the property disclosed to Purchaser, except as may be revealed by that certain survey prepared for City of Milton, a political subdivision of the: State of Georgia, dated May 4, 2011, prepared by Frontline Surveying and Mapping, under the seal and certification of Thomas Edward Peay, Jr., Georgia. Registered Land Surveyor No. 2402, which has been provided to Purchaser. 6. That there are no actions, proceedings, judgments, executions, liens or bankruptcies of any kind pending against the Owner in any coxirt whatsoever that could in any way a('fect the title to said lands or constitute; a lien thereon, nor, to the knowledge of Owner, fire there any Loan Deeds, Security Deeds, Trust Deeds, mortgages, or other liens of -,my nature or kind whatsoever unsatisfied against the Property. 7. Owner l i.rther status and declares that the Owner is not a sLirety on the bond of any county official or any other bond that through default of the principal therein a lien might be created superior to any conveyance executed by Owner S. Owner further state thm all tenants in possession are in possession as tenants only with no options to purchase: or rights of first refusal. P://Pt'0jcw1s/JLD/Ci1:y al' Mlltw Jun 21 R11 fl:*m W/O 9. That no work has been -performed on the property and no materiels have been delivered to the: property within the lest ninety (90) days or all work which has been dine during that tiiric has been completed on the, property and all materials have; been delivered, and that the agreed price or reasouable valve o('the labor, services, or materials has been paid in full to all laborers or suppliers of said materials. This affidavit is executed ptirsua.nt. to O,C.G.A. Section 44W 14-361.2(x.). 10. Deponent makes this statement for the express purpose of inducing the title insurance company that is insuring this transactim to insure title to said property to be free from adverse clai m; or benis not herein stated, and Ibr enabling said Owner to receive the consideration for sale, lease or mortgage of said property. Deponent guarantees and warrantsthe; statements of fact herein, which shall be construed as a continual contractual obligation in favor of said title insurance conip�Any. 11. That in consideration of the issuance of title insurance; by said title insurance company, as aforesaid, the undersigned agrees to Indetmnl'l:y and hold harmless said title insurance company against all lass or expense on account of any matter or thing omitted from the foregoing factual statement. 12. This affidavit is given as part of a bona bide sale, a loan secured by real property, or given together with final disbursement to a contractor. Sworn to and subscribed before me, this _I U _day of lune, 201.1 Notary PL11711 My Commission Expires P;//Prajcctgi.)LD/City nl' Millss,, BRANCH BANKING AND TRUST COMPANY Name: Cindy h. oldrick Title: Senior icz- e:side nt NNIND GILRQY LLC Jun 21 R11 fl:*m PE/0 SURVEY AFFIDAVIT STATE; OF GEORGIA COUNTY OF FULTON BEFORE ME, the undersigned authority, personally appeared tllc I.Gnelcis; me d, Cindy L. MQCToldrick, �eninr Vice Prewident of Branch Banking and Trust Company ("Affiant"), who, first being duly sworn, on oath, depose and say: That the Affiant herein holds fee -simple title to the real prQperty described on Exhibit "A" attached Hereto and made a. part hereof (hereafter rerferred to as property); 2. That the survey, incorporated herein by reference, was certified to City of Milton, Dickenson Gilroy, LLC, Chicago Title Insurance Company, dated May 4, 2011, under the seal and certification of Thomas Edward Peay, Jr., Georgia Registered Land Surveyor No. 2402. 1 That Affiant: herein has examined said survey. 4. That no improvements have been constructed on the property since the date of said survey. 5. Since the date of said survey, no improvements ?ave been constructed on adjoinJ)ig lands that encroach onto the property. 6. That this Affidavit is made for the purpose of inducing Chicago Title Insurance Collapany to rely upon said survey and issue its policy of title insurance without the standard survey exception in connection with the sale of property to the City of .Milton, a political subdivision of the State of Georgia in the Amount of Two Hundred Fifty Thousand and No/l00s Dollars ($250,000,00). 7. That to the hest of the knowledge of Affiant herein, its hairs, administrators, executors, sLicccssors and assigns shall defend, hold hainiless, and indemnify said title insurance company, its successors and assigns, of and from all loss, damage, cost, liability or expense, which it may Sustain, suffer or be put to under its policy or policies of title insurance on account of any inaccuracies corit4tincd within this Affidavit. $, Affiant further states that he is familiar with the nature of an oath; and with the penalties provided by the laws of the State of Georgia for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that he has read, or has heard read to hien, the: full facts of this Affidavit, and understands its context. l.signatafes appear un loiloWiny page] DIC I ON GILROY LLC Jun 2] RII fl:*m PRON BRANCH BANKING ANDTRUST COMPANY By: Cindy' McGoldrick - Titic: Senio - Vic President r Sworn to and subscribed b6bre me, this U day of unc 201 1 , ci11 7 �s4on exr'iration date: ;A ACKNOWLEDGEMENT The undersigned officer of Branch Banking and Trust Company, Cindy L. McGoldrick, hereby acknowledges on behalf of Seller and pursuant to his/her corporate authority, that Chicago Title 1rISUraiace Company is relying upon a survey prepared for City o.fMilton, together with this Survey A1fiaciavit from Seller, to isst;ie its policy of title insurance without the standard survey exception in connection with the, purchase and sale of the Property in the Eunount of Two Hundred Nifty Thousand and No/100s Dollars ($250,000.00). Jun 2] RII fl:*m PF/M AS SI QiE- Nr TI-D.S fSSICN\CN1', made this .... ... day of .lune, 2011, by Branch Banking and Trust Conpany (licrcinafter referred to as "Assignor") to City of Miton, a pot i t i cal subdi vi s i ori of the; State of C or gi a ( her ei naPt er referred to as "Ass] gnee") WI TNESSpTH rCRA I N CCI\SI M -'R rI C of the s urn. o (` Teri and M/ 100 Ibl l a.r s ($10.00), the purchase by Assignee of the real. property described on Exhibit "W' attached hereto and incorporated herein (horei.naftcr referred to as the "Property"), and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby grant, bargain, sell, assign, transfer and convey to Assignee, its successors, successors-inmtill e and assigns, all right, tit 1 e, interest, estate and benefit of Assignor in, or, to and ender the f of I owi ng: I., All guarantees and warranties, express or i npl i e;d, heretofore given with respect to the Property, any inprovemiats located thereon, or any fixtures, equi piTant, personal property or supplies used in connection with the operation of the .Property, or givers with respect to the perforiran.ce, quality of ,�orluulnsllip or quality of nut cri a.l s rendered or supplied in connection Vi t h the Cons[ ruct 1 011, installation or sale thereof, 1ncluding sped Fi Cally, wa t houL l 1 111 t cat 1 on, all such guaranties and 11la.rr an't 1 es given of nude with respect to the i nproverlent s located on the Property; and 2. Al 1 pl ans , s peci f i cat i ons, wor ki ng dr awi n.gs and surveys of or relating to the Property or to the cons t raact i on of the buildings and related i npr ovenr�nt s located thereon, or to the construction r equi r enent s of tenants occupying portions of said bui 1 di ngs and i nproverrent s; and 3. All governnent al consents, approvals, 1 i ceases, peri t s, certificates Of Occupancy, zon.i ng approval s and si iii 1 gar docununt s rel at i ng t o or i n any Vay appl i cabl e t o or connect ed wl t h ( a.) t he const rust 1 on, devel opimilt , owners Ili p, nui nt enance, operation and rental of any and all i npr overwnt s located on the Pr oper t y, and (b) the cons t r uct i on, ownership, niai nt enance and operation of all fixtures, equipnwnt, 1personaI property and supplies used in connection vath the operation of the Property; and 4. A] tornite inspection reports, express or i npl i cd, heretofore given or nald.e i npr ovenent s located on the Property, P;1/Prgjea(8ffl, ZLydMIon bonds , war r ant i es or guar alit ] es, with respect to any or all of the Jun 21 R11 f3:44pm PRUE TDIRVf AN) TOFMD said right, title, interest, estate Lind benefit unto Assi pe,(e, its successors, successors -hi -title and assigns, forever. IN W:INESS 1f1GRKF, Assignor and Assignee have signed and sealed tl}i s As s i gmient on t he day aid year f r s above: w i t t on. ASsI [3: BC#, °1 RAM NU AND TRLST 0CMIANIZ T1 t l e: M G0 President h�y1i5f` [ `—tea ANY SE! ] i�;II S'I'ofCUINiJ LI7ICIly c}�' ELgLI 2 h, Jun 21 R11 fl:*m PRON BROKER RECEIPT AND LIEN WAIVER Before nae, the undersigned, on this � y of Jane, 2011, personally appeared Julie Brown, of Grubb & Ellis ("Broker"), who, after first being duly sworn, deposes andsays the .following: Pursuant to that certain Purchase and Salo Agroemera.t; . dated April 5, 2011, by and between Branch Banking and Trust Company ("Seller"), and City of Milton, a political subdivision of the State of Georgia (collectively, "Purchaser"), Seller has agreed to sell and Purchaser has agreed to purchase the Property (as hereinafter defined). 2. Simultaneously herewith, Seller has sold its fee simple interest in the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") to Buyer. 3, Braker has received a commission in the amount of $ S-60 which accurately reflects all compensation due or to become due under the listing, agezacy, or other brokerage agreement executed by Seller and Buyer relating to this transaction, and all sun -is due thereunder have been paid in full, the receipt of which is acknowledged by Broker, and no written notice has been sent due for brokerage compensation, and Broker under O.G.C.A. §44-14-600, et seq. regarding any rntpaid or disputed amounts hereby waives its right to a broker's Iien 4. This affidavit is given for the purpose of inducing Fidelity Title Insurance Corporation to issue its title insurance policy or policies without exception for any and all liens created by 0,G.C.A,. §44-14-600, el {seq. Swore to and subscribed before ane this 15�'ay of June, 2011. C d� Com. t Public My Coramissi.on Expires, BItOK1!;: A. Settlement Statement U. -Department of Housing OMB No. 2502-0265 an Urban Development B TXRe of Loan I. ❑ Fhn 2. ❑ Fmi-€A 3. CJ COnv L"ins 6. File Nur her 7. Loren Number 8. Moi tbage Ills Case Number 4. 0 VA 5. ❑ Conv Ins_ 6. ❑ Selinr Finance ALI 10032 7_ Fly CASH SALE C. Nutt: This form is tuntished ip give you statcruc:^.tai actual se. nxent aUSCi. Amounts paid ro and by the snt[]amcnr uoart arc shown, hems marktd were paid oursidc the Clo5in�; they arc shown iter far mfwmati;-A] urpuaes and arc not included in d. WWI.. D. Nnmc & Address of Sorrower E_ Nn roc & Wdress of Sclicr F. Name &: Address of Lender City of Milton n political subdivision of the Branch Ba Icing and Trust Company Cash Purchase State of Georgia 11650 Alp recta Idighway, 2nd Floor 13000 Deerfield Parkway Roswell, G 30076 Miltoh, CA 30(104 G. Propvrty Location Li. 403, Intl D, Fulton !l 224W0403037 , GA 3 ll Road Milton, Milton, O t 30004 8. ScttlemmL Agent Nome Dickenson Gilroy LLC Place of Settlement I, Settlement bate 3780 Mansell Rd., Ste 140 6!1712011 Alpharetta, GA 30022 Fund: 611712011 J. SUMMARY OF BORROW'ER'S TRANSACTIO-tiN K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FRONT BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Conroe[ Saics Price S2 1000.00 1401. Contract Sales Price $250,0110.00 102. Personal Pra city 402. Personal Property 103. Settlement Charges to borrower 1,821.001.:403:: 104. 404 105. 405. ADJUSTMENTS FOR 1TENIS FAIL} BY SELLER IN AD NCE ADJUSTMENTS FOR ITE -AS PAID BY SELLtR IN ADVANCE 106. City properly [sacs 406. City property taxes 107. County property takes 407. County property taxes 108. 1408. 109, 1409. 110. 1410. 1I1. 411 .., 112 41:2:: 113. 413, 114. 414_ 115. 415. 116. 416, 120. GROSS ANIOUNTDUE FROM BORRONVER S241,921.00 420. GROSS AMOUNT DUE TO SELLER $250,000.00 200, AMOUNTS PAID BY OR IN BERALF OF BORROW R 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201_ Dcposit or earnest money ,060,00 50€. ExctssDeposit 202. Principal amount of new ]clan(%) 502. Sctticmcnl Charges to Seller (line 1400 S15,275,00 203. Existing loan(5) taken sub<ect to =:.503:. Lxisting L.oan(s)'L'akea Sab'ect to 204. Proceeds from 2n6 Mortgage 504: Payoff of first rnoqgage loan 205. 505. Payoff of second mortgage Inan 206• 506. Ne Otren Liens 207, 507, 2010 CIty Taxcs Thru 71111 z 5755.28 _ 205. SO& 204. 509. Lawn Maintenance 5400.011 ADJUSTMEN'T'S FOR ITFNIS UNPAID BY SELLER ADJUST iMENTS FOR ITEMS UNPAID BY SELLER 210. City proe;ty taxes 01;0111 i thru tit,117/i i $268.28 310. City pro e taxes 01/01/11 thru 06/17111 $268.28 211, County pro city taxes S L.646-34 511. County property taxes 0lffll1ll rhru 0&N/l l $1,646.34 212. 512, 213. 513. 214. J 514. 215. 1515_ 216. ] 516. 217. 517. 218. 518. 219. _.........--------.... 1 514. Z20. TOTAL PAID BYIFOR BORROWER S2 014,62T52VrOTAL REDUCTION AMOUNT DTJ-E S LERI $18,344,90 300. CASH AT SETTLEMENT FROMITO BORROWER 6D0. GASH AT SETTI.EMBP T `1'O(FROM SELLER 301. Grass Amount due from borrower {Eine 120) 525 821.D0 641. Gross Amount due to s Ilar (line 420) $250,600.00 302. Less amounts paid bylfor borrower (line 220) $2 ,914.62 1602. Less reductions in amr due seller (line 52C) 518,344.90 303. Cash From Borrower1 $22 .906.38 603. Cash To Seller $231,655.10 SUBSTITUTE FOPCM 1094 SELLER STATEMENT: The intoe anon cnntuincd herein is ImporGtut Wx inforusation and is being furnished to the Internal Rt:venuc Service. Ifyau are required to file a return, a ncglonce pcualry t r other sanction will he imposed on you if this item is required to he reported and the IRS determines that it has not been rcpnrtcd. The 1 otdrnct Sales Priec described on Line 401 above constitutes the Gross Proceeds of tins transaction_ SELLER INSTRUCTIONS; To determine Iryou have to report t sate or exchange of your primary residence on your tax return, see the Schedule D {Form 1040} irtstruerions. If file rep€ estato was not your primary re donee, complete tike applicable parts of Form 4797, Form 6252, andror ScLeduic D (Form 1040). You are required bylaw to prv> idc the settlement stgrnt with your o< 7recttaxpiyer idcntiDcatian number. Ft' yuu du not provide your correct [nxpaycr Identification number, you may be subject to civil or criminal penult s imposed by iaw. Under penalties of perjury, I certify that the number shown on this stxtcmcnt is my correct taxpayer ldeutificption number. Editions arc Page 1 form HUD-] Handbook 1006_ File No. ALI100321 L. SETTLE4IEN1' CHARGES er month 50,00 700. Total Salesltlroker`s Cammi9Siaa based . trice S2 U,ODU.44 C6 °!o = 515,000.00 Divisioa of Comrhi5sion (line 700} as 1follows 701. 57,500.00 to Harry Nor n Renitors- Atlanta North (HNBH14)1 (less 525000,00 a rnest money 70?. 57,500.00 to Grahb & El is Paid From Borrower's Fonds at Settlement Paid From Seller's Funds at Settlement 7R3, 50,00 515,000.00 800. ITEMS PAYABLE EN C9NIti%C iON WIFH LOAN months per mania &01- Loan 06 ination Fee °!a to 105 1. Aggregate Ad ustrncnt 802, Loan Discount % to 803. Appraisal Fcc 10 804. Credit Re ort to €101. Sartlemcnt or closing fee 805. Inspection Fee to 806. MortgfEgc Insurance Application to 1102. Abstract or title Search to 807_ Yield $prca Premium to 804, Tali Saviee Pei: to to 13nilgcTrui 809 Flood Certification to $282.40 1104. Title insurance binder-geview feo 810. Georgia Residential Lon Fee to Dickenson 4 ilro LLC 811. UndcrwritingFcc to 1105. Power of Attorney to 812. Processing Fee w ifro Uc 900. iTE14IS RE UIRED BY LENDER TO BE PAIS] 1N A VANCE to Dickeoson 4 901. Interest from 6117/2011 to 7/112011 e $O/da 1107. Attorney's fees 902. Wrtgagc Insurance Prerrium for to months Dickenson i ilrp I tiC;= r', rz 903. HaEard 1=rancc f1mmium for years to Not Rec ui edlkot lt'e ireSte[J (includes above items numbers; 904. Hazard Expiration Date to ) 1000. Reserves Deposited With Lender i6 BridgeTrns Title Group 1001. f[azard insurance months per month $0.00 1002, Mcr[g'dgc insurance momths t per month $4.00 1003. City properzy [axes months ,r 50.00 per month 50.00 1004_ County property taxes months r $0,00 per month $0.00 1005, rnonthsk per month $0.00 1006_ months . er month 50,00 1007. months -,z :: : 3'.: "'. -t,... ^i; -Per month 50.00 to0s. months per mania 50.00 105 1. Aggregate Ad ustrncnt 1100. TITLE CHARGES €101. Sartlemcnt or closing fee to 1102. Abstract or title Search to 1103.'Title examination to 13nilgcTrui Tittc Gran $282.40 1104. Title insurance binder-geview feo to Dickenson 4 ilro LLC 1105. Power of Attorney to Dickenson 4 ifro Uc 1105. Addicioaal Title Clearance Fee to Dickeoson 4 i€rp LLC 1107. Attorney's fees to Dickenson i ilrp I tiC;= r', rz $450.00 (includes above items numbers; ) 1108. Tile insurance i6 BridgeTrns Title Group 59fi0.00 (includes above items numbers: 110), I.emdeYs Gavera a $0.001$0.00_ 1110. Ownes coverage s250,1)00.00/596 00 111€. Tax Rcport/Ciearance Fac to BridgeTrus Title Group $15.00 1112_ Undcrwriting/Rcvicw Fee to BridgeTrus TitleGroup 5100.00 1113. Title Review/Clearance Fec to Dickenson Gilroy LLC 5275,00 1200. GOVERNMENT RWORDING AND TRANSFER ClARGES 1201. Recortling Feu Decd 514,00 ; Mottgaga ; RCI to Clerk of Superior Court 314.00 1202. Intangibic Tax Deed ; Mortgage Clcrk of Superior Court 1203. State: tEutlstamps Decd ; Mortgage Clerk of Superior Court 1204_ Assignment Recording Fcc to Clerk of$u erior Court 1205. Power of Attorney Rccording Fcc to Clerk of So derier Court 1206. Cancellation Fuc [o Clerk of Su er€or Court 1300, ADDITIONAL $ETTLEMENT CHARGES 1301. Survay to Not Reques d/Not Required 1302. Pest Inspection to Nat Rogues d/Not Required €303. PackagcHandling Foe to 11 1344- Horne Buycrs Warranty to 1305, to ons are Obsolete Pages 2 - -.. _. form IiUD 1landbook 1. The Earnest Money Due Seller las been transferred to Seller in accordance with the Purchase and Sale Agreement, dated April 5, 2011 (the "Agreement"). 2. Buyer and Seller have on thisdate checked, reviewed, and approved the figures appearing; on this Closing Statement, an each acknowledge receipt of a copy of same- The Buyer and Seller agree to make appro riate adjustments and payments between them with respect to any inaccuracies or omissions each are discovered after the date hereof. 3. This Closing Statement may be constitute an original, but all of whit instrument. Each party shall be entitle Statement signed by the other party. The be appended or attached to any other c( shall have executed a counterpart hereof, the parties notwithstanding the fact that any onp single counterpart. �cutcd in multiple counterparts, each of which shalt taken together shall constitute one and the same to rely upon the facsimile receipt of the Closing ecuted signature pages of any counterpart hereof may riterpart hereof, and, providc',d that all parties hereto is Closing; Statement shall be valid and binding upon e execution of all parties may not be reflected upon 4- Buyer and Seller hereby ackno ]edge and agree that all covenanr5, representations, watl•anties and agreements set forth in the Agreenrent which specifically survive closing shall survive the consummation ofthe purchase and sale referenced herein. Capitalized terms used but not otherwise defined herein shall have th meaning given to such terms in the Agreement. 5. Seiler and Buyer hereby acknowle representation of the disbursement Of fun to the disbursement of finds in accordai Firm hereby agrees to make the disburse Seller and Buyer agree that the person ex is acting on behalf of such party and is du ,e and agree that the foregoing is a true and complete in the transaction, and hereby authorize and consent herewith by Dickenson Gilroy, Ll -C (the "Firm")- ents shown on this Closing Statement. Furthermore, .Iting these Notes to Closing Statement for such party authorized to execute the same for such party. 6. County Tuxes_ Pursuant to the in rmation provided by the Tax Commissioner of Fulton County, Georgian, State and County adv Orem real property taxes for calendar year 2010 were paid in the amount of $3,576.87, on Parce ID 22-4860-0403-053-7. 7. Proraawd County Taxes -- 2011, because the 2011 Fulton County tax bill is not yet available, the prorated amount of county ad valor= taxes credited to Buyer and debited from Seller is calculated on the Base Arnowit 42010 County Taxes, $1,646.34, as follows; $3,576-87- 365 days = $9M per #iean x 168 days of Seller Ownership = $1,646.34 8. City Taxes: Pursuant to the infori4ation provided by the City Tax Department, Georgia, City ad valorem, real property taxes for cle:ndar year 2010 were paid in the amount of $5$2.$6, on Parcel 1D 22-4860-0403-053-7. 9. Prorated City Taxes — 2011. Be( prorated amount of city ad valorem taxes on the Base Amount of 2010 City Taxes, P:NProjccTiJJLD/Chy of Vlilwn Luse the 2011 City tax bill is not yet available, the :redited to Brayer and debited From Seller is calculated 268.28, as follows: $582.86 - 365 days = $1.60 per d 10. Buyer and Seller acknowledge tN paid in full at sculernent based on carr estimates using the prior year's tax bill o Of inlprcavements in place as of January AGREE THAT PRORATIONS, JNCL FOR ANY AND AUL 'TAXES CONDOMINIUM ASSOCIATION A: OTHER CHARGES AGAINST THE P STATEMENT AND EXECUTED BY and Seller understand and acknowledge resulting froth increased or amended ass{ all outstanding taxes and assessments not x 168 clays of Seller ownership = S268,28 where real estate taxes and other assessments are not nt actual bills, such amounts etre prorated based on if recently improved property, using; estirrated value L of the current tax. year, BUYER. AND SELLER DING WITHOUTLIMITATION, ION, PRORATIONS FEES, UTILITIES, HOMEOWNERS OR 3ESSMENTS AND .DUES AND ANY AND ALL :OPERTY REFLECTED IN THE SETTLEMENT 'HE BUYER AND SELLER ARE FINAL. Buyer hat there may be additional real property taxes due sments which are not yet available. The payment of aid at settlement is asscnned by Buyer. 11, The Net Proceeds Due to Seller s ould be wired to Seller its accordance with the wire instructions sec forth in Exhibit A aitacheci hereto. 12. Buyer and Seller hereby acknowIfell(er dgand agree that Firm, Christopher R. bane, Esq., specifically, is serving as the attorney for and sloes not represent the Buyer in arty capacity. The Firm is not providing legal advicer services or other advice or services to Buyer, and Buyer is not entitled to rely, and should not rely upon Firm for any such advice, services or representation. 13. Buyer and Seller hereby the Closing Statement are reasonable c required to record the; dOCelmCTIN beim' documents related to this transaction. T charged on the Closing Statement, and thii that Buyer and Seller will not be respons reflect expenses incurred by Settlement and canceling these documents in ore acknowledge that Settlement Agent make Or past due wetter, sewage or other utility ti 14. Buyer and Seller hereby aclmowl+ corporation has been retained by Sellei pertaining to purchase and sale; of the Simultaneous herewith, Harry Norman R Lien Waiver forma in compliance; with C acknowledge and agree that Grubb & El with regard to the provision of brokerage which is subject to that certain Agreemt corporation has delivered a Broker's Lic 600, cat secq, [remainder of', P;//ProjtrWA.D/Cizy of Milcoa dge that the recording/cancellation fees collected on imates of actual fees and expz:nses which will be executed by the parties, as well as any additional ese fees may be higher or lower than those being any overage: will be retained by Settlement me nt Agent and )le for any shortage, if any, Said estimates may also gent in delivering, couriering, processing, recording r to complete the transaction, Buyer and Seller no representations as to the status of any outstanding rvices applicable to the property. lge; and agree that Harry Norman. Realtors, a Georgia with regard to the provision of brokerage services 'operty which is subject to that certain Agreement. cltors, a Georgia corporation has delivered a Broker's ,G.A. §44-14-600, c_t seq. Buyer and Seller hereby s, a Georgia corporation has been retained by Buyer ;rvices pertaining to purchase and sale of the property t. Simultaneous herewith, Grubb & Ellis, a Georgia Narver form in compliance with O.C.G.A. X44-14- imentionally left blank] SELLER: 1.4 =a r4ru MAN dKoNTO 6W1,16 ki By - Name: Cindy L. McGolp Title: Seiiior Vice Pr4id'S4 P 1!1'ruac�uJT BJC Ziy of Mi]ioir BUYER: CITY OF MILTON a political subdivision of the State of Georgia By:; Title: ly_1lT,roj,!cLz Jl_LVCiiy 01 -Millon PJ/FTUjacts/JLDICI[V of Millan E THIS FIRST AMENDM NT TO _ URCHASE AND SALE AGREEMENT (this "First Amendment") is entered into to be effecti we as of the day of Mime, 2011, by and between Branch Barnking and Trust Company (col tively, " Seller") and the Coity of Milton, a political subdivision of the State of Georgia LjIN -,SETH: WHEREAS, Seller and Purchaser c'ntered into that certain Purchase and Sale Agreement dated April 5, 2011 (the "Contract"), for he purchase and sale of certain property commonly known as 1569011opewell Road, Milton, eorgia; and WHEREAS, Seller and Purchaser j1desire to Modify and amend the: Contract in certain respects, as more particularly hereinafter s4 forth. NOW, THEREFORE, for and in onsideration of the sum of Teti and No/100 Dollars (x,10.00), the premises, and other good ad valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowl dged by Seller and Purchaser, Seller and Purchaser covenant and agree as follows: 1. Defined Terms. Whersevedefined terms and wards of art are used herein, as indicated by the initial capitalization these f, such defined words and terms of art, if Dot defined herein, shall have the same meanings ascri ed thereto in the Contract. 2. fed 1...L7cscri tion. The gal description attached to the Contract is hereby amended to include all three parcels of lanji which, taken together, collectively form the Property which is commonly referred to as 15690 qopewell Road, Milton, Georgia. The legal description is hereby amended to read as described a Exhibit "A" attached hereto and incorporated herein by reference. 1. 3. Binding Effect. This An4ciment shall inure to the benefit of and be binding upon Seller and Purchaser and their respec ve successors, legal representatives and assigns. 4. Ratification, As expressly modified by this First Amendment, the Contract is hereby ratified and confirmed by Seller a d Purchaser. if there are any conflicts between the terms and provisions of the Contract and t is First A7mendrnent, the terms and provisions of this First Amendment shall control to the exten of any such conflict. 5. C`-ounte arts• Facsimile Si ature. This First Amendment may be executed in multiple counterparts, each of which shall onstitute an original, but all of which taken together shall constitute one and the same: agr eemei t. For purposes of this First Amendment, a facsimile signature shall be deemed an original signa ure. Cr. Authority, EaOi party repr stints that the person executing this Amendment for such party is acting on behalf of such part and is duly authorized m execute this A.rnendnem for such party. IN WITN IHSS WHEREOF, Seller 4td Purchaser have caused this First Amendment to be executed and sealed to be effective as of th day, month and ycar first above written. SELLER: BRANCH BANKING AND TRUST COMPANY Name: Cindy L. McO Brick Title. Senior Vice( si t L.' 1J L' R ITY OF MILTON political subdivision of the Stag of Georgia P:f/PmjCCt3/JU3/City sof M i T01) {r A >, All that tract or parcel of land lying and being in Sand Lot 403 of tbe, 2"' District, 2°`� Section, Fulton County, Georgia, and being more p rticulariy described as follows: The find the TRUE POINT OF BEGIN',, intersection of the northeasterly tight -of - with the northwesterly right-of-way line thence along said right-of-way line of I seconds West a distance of 169.14 feet POINT OF BEGININNG. From the TRL said right-of-way line of Birmingham Rc seconds last a distance of 336.10 feet to a seconds Fast a distance of 231.03 feet to; way line of Hopewell Road, thence runnin the are of a curve to the left having a radiu beim subtended by a chord bearing Sou distance of 176.84 feet) to a point, thence a distance of 12.12 feet to a point, them running North 41 degrees 29 minutes 32 thence running South 38 degrees 41 mints northeasterly right-of-way line of Birming of Birmingham Road, North 41 degrees 2 an iron pin found and the TRUE POINT O AND: NG, con==rice at an iron pin found at the point of ,ay line of Birmingham Road (60 fooi right -of way) ,f Hopewell Road (50 foot right-of=way), continuing; inningbatn Road, North 41 degrees 29 minutes 33 D an iron pin found, said iron lain being tbtc TRUTH' POINT OF BEGINNING thus established, leaving id, thence running North 31 degrees 54 minutes 19 point, thence running; South 39 degrees 51 minutes 26 paint, said point being on the northwesterly right -of - along said right-of-way line of Hopewell.Road along of 881.82 feet an arc distance of 177.14 feet (said are h 44 degrees 26 ininutes 20 seconds West, a chord tinning South 38 degrees 41 minutes 02 seconds West e leaving said right-of-way line of Hopewell Road, seconds West a distance of 149.40 feet to a point, ;s 02 West a distance of 14$.50 feet to a point on the atn Road, thence running along said tight -of -way line minutes 33 seconds West a distance of 19.74 feet to BEGINNING. All Haat tract or parcel of land lying and ,ing in band Lot 403 of the 2" d District, 2nd Section, Fulton County, Georgia and being more pafticularly described as follows: Beginning at an iron pita found at the poit of Binningham Road (60 foot right -of Hopewell Road (50 foot right-of-way); th West a distance of 149.40 feet to a poi seconds last a distance of 148.50 feet to a seconds East a distance of 149.40 Feet 1 I-lopewell Road, thence continuing along degrees 41 minutes 02 seconds West a northeasterly right-of-way line of Burning] of intersection of the northeasterly right-of-way line lay) with the northwesterly right-of-way line of ce gunning North 41 degrees 29 minutes 33 seconds thence running North 38 degrees 41 minutes 02 pint; thence running South 41 degrees 29 minutes 33 a paint on the northwesterly right-of-way line of aid right-of-way line of Hopewell Road, South 38 stance of 148.50 feet to an iron pin found on the rn Road and the point of beginning. The above described parcel contains .5011 acres of land as disclosed by a survey prepared for J.T. Adams by Bates -Long & Associates, d uted August 29, 2007. AND; All that tract or parcel of land lying and Fulton County, Georgia and being more f The Find the true: point of beginning, co intersection of the northeasterly right-of- with ight-ofwith the noilhwesterly right -o# -way line thence North 38 degrees 41 minutes 02 sf of Hopewell Road a distance, of 160.62 fe, line of Hopewell Road and along the are c arc distance of 177.14 feet (said are beim minutes 20 seconds East a chord distance POINT OF BEGINNING; from. the TRL said right-of-way lige of Ilopewell Roa seconds Nest a distance of 231,03 feet tc 19 seconds East a distance of 37.30 feet t 12 minutes 00 seconds East a distance of 80 degrees 08 minutes 22 seconds East i running South 20 degrees 36 minutes 08 s on the northwesterly right-of-way line o direction along said right-of-way line of South 65 degrees 07 minutes 03 second minutes 39 seconds West a distance of 71. a distance: of 33.$4 feet to aa iron pin fora radius of 881.82 feet, an arc distance of 1 South 53 degrees 50 eminates 23 seconds 1 true POINT OF 13EGINNFNG. The above described parcel contains 1.00 Adams by Bates -Long & Associated, date in Land Lot 403 of the 2"'t District, 2°d Section, ly described as follows: i.mence at an iron pin found located at the point of ray Iine of Birmingham Road (60 foot right -of --way) �f Hopewell Road (50 foot right-of-way); cominuing -ands Last along said northwesterly right-of-way line k to a point; continuing thence along said .right-of-way a curve to the right having a radius of 881.52 feet, an subtended by a chord bearing North 44 degrees 26 of 176.84 feet) to a point; said paint being the TRUE 3 POINT OF BEGINNING thus established, leaving I; thence running North 39 degrees 51 minutes 26 a point; thence running North 31. deg=s 54 minutes an iron pin found; thence running South 76 degrees )3A7 feet to an iron pin found; thence running North distance of 217.05 feet to an iron pin found; thence: coeds East a distance of 200,00 feet to an iron pin set Hopewell Road; thence running in a southwesterly 4opewell Road the following courses and distances: West a distance of 31.53 feet; South 62 degrees 28 ;6 feet; South 58 degrees 17 minutes 51 seconds West d; thence along the arc of a curve to the left having a L24 feet (said arc being, subtended by a chord bearing 'est a chord distance of 112.16 feet) to a point and the of land as disclosed by a survey prepared for 3_T, August 29, 2007. 1. The Earnest Money Due Seller hs • been transferred to Seller in accordance with the Purchase and Sale Agreement, darted April , 2011 (the "Agreement''). 2. Buyer and Seller have on this c ate checked, revicwe;d, and approved the figures appearing on this Closing Statemmnt, and ach acknowledge r=ipt of a copy of same. The Buyer and Seller agree to make approp to adjustments and payments between them with respect to any inaccuracies or omissions wh ch are discovered after the date hereof. 3. This Closing Statement may be e? constitute: an original, but all of which instrument, Each party shall be entitled Statement signed by the other party. The e. be appended or attached to any other cot shall have; executed a counterpart hereof; t. the parties notwithstanding the fact that tI any one single counterpart. Wed ir€ multiple counterparts, each of which shall iken together shall constitute one and the same r rely upon the facsimile receipt of the Closing :uteri signature pages of any counterpart hereof may erpart hereof, and, provided that all parties hereto Closing Statement shall be valid and binding upon execution of all parties may not be reflected upon 4. Boyer and Seller hereby aclmowl'dge and agree that all covenants, representations, warranties and agreements set forth in the Al reemem which specifically survive closing shall survive the consummation of the purchase • nd sale referenced herein, Capitalized ternis used but not otherwise defined herein shall have the meaning given to such teiTns in the Agreement, 5. Seller and Buyer hereby ack owled; representation of the disburs=ent of fixnd� to the disbursement of funds in accordanc Firm hereby agrees to make the disbu.rsern Seller and Buyer agree that the person exec is acting on behalf of such party and is duly e and agree that the foregoing is a true and complete in the transaction, and hcrcby authorize and consent herewith by Dickenson Gilroy, LLC (the :nts shown on this Closing Statement. Furthermore, ting these Notes to Closing Statement for such party nithorized to execute the same for such party. 6. County Taxes: Pursuant to the info atiorn provided by the Taut Commissioner of Fulton County, Georgia, State and County ad valo ern real property taxes for calendar year 2010 were paid in the amount of $3,576.87, on Purcel Ib 22-4860-0403-053-7. 7. Prorated County Taxes — 2011. B cause the 2011 Fulton County tax krill is not yet available, the prorated amount of county a# valorem taxes credited to Buyer and debited from Seller is calculated on the Base Amount of 4010 County Taxes, $1,646.34, as follows,- $3,576.87 ollows: $3,576.87 = 355 days = $9.80 per S. City Taxes: Pursuant to the inforn- City ad valorem real property taxes for ca on Parcel ID 22-4860-0403053-7. ). Prorated Citv Taxes — 2011. Be prorated amount of city ad valorem taxes on the Base Amount of 2010 City Taxes, P:/iPr'jjwsfJLU/City ar Milian x 168 clays of Seller ownership � $1,646.34 provided by the City Tax Department, Georgia, year 2010 were paid in the amount of $582,86, e the 2011 City tax bill is not yet available, the lited to Buyer and debited from Seller is calculated US, as follows: $582.86 365 days = S 1.60 per 10. Buyer and Seller acknowledge that paid in full at settlement based on curret estimates using the prior year's tax bill or, of improvements in place as of Janizary i AGREE THAT PRORATIONS, INCLU FOR ANY AND ALL TAXES, CONDOMINIUM ASSOCIATION ASS OTHER CHARGES AGAINST THE PR STATEMENT AND EXECUTED BY T and Seller understand and acknowledge tl resulting from increased or amended asses: all outstanding taxes and assessments not p= 11. The Net Proceeds Due to Seller s instructions set forth in Exhibit A attached x 168 days of Seller ownership = S26828 vhete teal estate taxes and other assessments are not actual bills, such amounts are prorated based on f recently improved property, using estimated value of the current tax year. BUYER AND SELLER ING WITHOUT LIMITATION, PRORATIONS FEES, UTILITIES, HOMEOWNERS OR ,,SSMENTS AND DUES AND ANY AND ALL VERTY REFLECTED IN THE SETTLEMENT Il± BUYER AND SELLER ARE FINAL. Buyer it there may be additional real property taxes Clue rents which are not yet available. The payment of d at settlement is assumed by Buyer. ld be wired to Seller in accordance with the wire 12. Buyer and Seller hereby aclmowle e and agree that Firm, Christopher R, Lane, Esq„ specifically, is serving as the attorney for Se ler and does not represent the Buyer in any capacity_ The f=irm is not providing legal advice or services or other advice or services to Buyer, and Buyer is not entitled to rely, and should t rely upon Firm for any such advice, services or representation. 13_ Buyer and Seller hereby aeknowlec the Closing Staternent are reasonable est: required to record the documents being i documents relatod to this transaction, Thi charged on the Closing Statement, and that i that Buyer and Seller will not be responsib reflect expenses incurred by Settlement A; and canceling these documents in orde: acknowledge that Settlement Agent makes or past dura water, sewage or other utility ser 14. Buyer and Seller hereby acknowle, corporation has been retained by Seller pertaining to purchase and sale of tate p Simultaneous herewith, 1•larry Norman Re Lien Waiver form in compliance with 0, acknowledge and agree that Grubb & EII; with regard to the provision of brokerage s which is subject to that certain Agreerner corporation has delivered a Broker's Lier 600, e_ t seg. [remainder oj, P /JProjixlsl]LD/City cif Milton w that the recording/cancellation fee-, collected on .ates of actual fees and expenses which will be eeuted by the parties, as well as any additional s fives may be higher or lower than those being y overage will be retained by Settlement Agent and for any shortage, if any, Said estimates may also at in delivering, couriering, processing, recording to complete the transaction. Bayer and Seller representations as to the status of any outstanding ces applicable to the property. e and agree that Harry Norman: Realtors, a Georgia ith regard to the provision of brokerage services perty which is subject to that certain Agreement, ors, a Georgia corporation has delivered a Broker's C'].A, §44-14-600, ct seq. Buyer and Seller hereby a Georgia corporation has been retained by Buyer prices pertaining to purchase and sale: of the property Simultaneous herewith, Grubb & Ellis, a Georgia Vaiver form in compliance with O.C.G.A, §44-14- intcnlionully left blank] SELLER: BRANCH BANKING AND TRUST COMPANY gy: _ t� Name: Cindy i .Nidal Title: Senior Vice Pre ide PJlPrcjcusYJLa'City of Milton BUYER: CITY OF MILTON a political subdivision of the Stag of Georgia I • f Name: Title: P:fll?fojett�lj(,Dlcity of Milloo P )TrajcctsldLf]/City of M i lion