MINUTES Monday, May 6, 2024 5:00 P.M.  CITY COUNCIL REGULAR CALLED MEETING G.L. Gilleland Council Chambers on 2nd Floor  1. CALLTO ORDER: Mayor Walden called the meeting to order at 5:00 p.m.  2. ROLL CALL: Present were Councilmember William Illg, Councilmember Sandy Sawyer, Councimember Mark French, Councimember Caleb Phillips, City Attorney Kevin Tallant, City Manager Bob Bolz, City Clerk Beverly Banister, Public Works Director Trampas Hansard, Utility Director Jacob Barr, Downtown Development Director Amanda Edmondson and Finance Director Robin Gazaway. Stacy Harris wasi in attendance for Planning and Zoning. 3. INVOCATION. AND PLEDGE: Invocation and pledge were led by Councimember Phillips. 4. ANNOUNCEMENTS: Gospel ini the Park will be held this Saturday, May 11, 2024 from 1:00-6:00 5. APPROVAL OF THE AGENDA: Motion to approve the agenda as presented made by W. Illg; second 7. CONSENT AGENDA: Motion to approve the consent agenda for the following items (a) made by M.  p.m. at Main Street Park. 6. PUBLIC INPUT: None  by S. Sawyer. Vote carried unanimously in favor.  French; second by C. Phillips. Vote carried unanimously in favor.  a. Approve Minutes  Regular Meeting and' Work Session held April 15, 2024 Executive Session held April 15, 2024  8. INTRODUCE DCSO PATROL CAPTAIN JOHNNY HOLTZCLAW: Captain Holtzclaw introduced himself andLt. Taffar. They willl be overseeing the deputies assigned to the City and they look forward 9. INTRODUCE NEW EMPLOYEES: City Manager Bolz introduced David Medina and Caleb Reece, who are working in the Public Works Department and Kenneth Smith who is working part-time in the 10. PROCLAMATIONS: Mayor Walden read the following proclamations and thanked the staff for their  tov working with the City.  Planning & Zoning Department.  hard work.  WATER PROFESSIONALS APPRECIATION WEEK, MAY5-11, 2024  MUNICIPAL CLERKS WEEK, MAY5-11, 2024  BUSINESS  11. CREATION OF NEW POSITION: ASSISTANT CITY MANAGER: Motion to table the item until after the executive session made by S. Sawyer; second by' W. Illg. Vote carried unanimously in favor. 12. REVISED ORGANIZATION CHART: Motion to table thei item until after the executive session made 13. NTERGOVERNMENTAL AGREEMENT: BURT CREEK ROAD IMPROVEMENT PROJECT: Motion to approve the Intergovernmental Agreement with Dawson County as presented made by M. Councimember Illg stated hei is looking forward to attending Gospel in the Park on Saturday. Mayor Walden stated he heard Food Truck Friday was a success and appreciates all the residents who At 5:15 p.m. a motion to close regular session and go into executive session for potential/pending litigation, land acquisition and personnel was made by M. French; second by W. Illg. Vote carried  by S. Sawyer; second by C. Phillips. Vote carried unanimously in favor.  French; second by C. Phillips. Vote carried unanimously in favor. (Exhibit"A")  MAYOR AND COUNCIL REPORTS:  came out. The next event is Friday, June 7, 2024.  EXECUTIVE SESSION  unanimously int favor.  Page 1 of2    MINUTES Monday, May 6, 2024 5:00 P.M.  CITY COUNCIL REGULAR CALLED MEETING G.L. Gilleland Council Chambers on 2nd Floor  At 5:55 p.m. a motion to close executive session was made by W. Ilg; second by C. Phillips. Vote Motion to resume regular session was made by M. French; second by W. Illg. Vote carried ITEM 11. CREATION OF NEW POSITION: ASSISTANT CITY MANAGER: Motion to approve the new position of Assistant City Manager with the removal of the wording "is appointed by the City Council" under Supervisory Controls in thej job description made by S. Sawyer; second by M. French. ITEM 12. REVISED ORGANIZATION CHART: Motion to approve the revised organization chart as presented made by C. Phillips; second by' W. Illg. Vote carried unanimously ini favor. (Exhibit "B") CONSIDERATION OF PROPERTY SALE TO DAWSON COUNTY: Attorney Tallant explained Dawson County approached the City regarding purchasing a portion of the 17-acre property the City Motion to approve the sale of approximately two acres from the City in the amount of $67,000 per acre contingent upon the agreement of the terms and conditions contained within the final contract At 5:59 p.m. a motion to adjourn the meeting was made by S. Sawyer; second by M. French. Vote  carried unanimously in favor. unanimously in favor.  RESERVED FOR POTENTIAL ACTION ON EXECUTIVE SESSION ITEMS  Vote carried unanimously in favor.  recently acquired to build a new Health Department.  made by' W. Illg; second by C. Phillips. Vote carried unanimously in favor.  ADJOURNMENT  carried unanimously int favor.  Approved this 20th day of May 2024 By: CITY OF DAWSONVILLE AWE John Walden, Mayor Caleb  Pllp/Pouncimember William Illg,   Post1  Counciimember Post3 3 Councimember  E    Mark Frènch,  Post 4  Attest  a baig Benister, City Clerk  Beverly A.  Page 2 of2    STATE OF GEORGIA COUNTY OF DAWSON  AFFIDAVIT OF THE CITY OF DAWSONVILLE MAYOR AND COUNCIL  Mayor John Walden, Councilmember Caleb Phillips, Councilmember William Illg, Councilmember Sandra Sawyer and Councilmember Mark French; being duly sworn, state under oath that the following is true and  accurate to the best of their knowledge and belief:  1. The City of Dawsonville Council meti in a duly advertised meeting on May 6, 2024. 2. During such meeting, the Board voted to go into closed session.  3. The executive  515  session was called to order at  p.m.  4. Thes subject matter oft the closed portion of the meeting was devoted to the following matter(s) within  the exceptions provided in the open meetings law: (check all that apply)  Consultation with the City Attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the City or any officer or employee or in which the City or any officer or employee may be directly involved as provided in O.C.G.A. S 50-14-2(1); Discussion of tax matters made confidential by state law as provided by O.C.G.A. S 50-14- Discussion of future acquisition ofr real estate as provided by O.C.G.A. S 50-14-3(b)(1); Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating ofa a City officer or  2(2) and  employee as provided in O.C.G.A. S 50-14-3(b)(2);  Other_  as provided in:  This 6th day of May 2024; By the City of Dawsonville, Mayor and Council:  Walden, Mayor A LL CalebP Phillps, Councilmember Post#1  Bakhsay Sandra Sawyer, Councilmember Post#3 Mark French, Councilmember Post#4 a  William Illg,  Sworn to and subscribed before me this day of_ muy ,2024 a.L buger  ER A. S4 PART MY COMMISSION EXPIRES 2/18/2028 COUNTE GE  2  Signature, Nôtary Public  My Commission expires: Fcbo 16_,2028    STATE OF GEORGIA COUNTY OF DAWSON  INTERGOVERNMENTAD AGREEEMENT BETWEEN DAWSON COUNTY AND' THE CITY OFI DAWSONVILLE REGARDING ACROSS-JURISDICTIONAL ROAD IMPROVEMENT PROJECT  (Burt Creek Road)  (from SR 136 to Dawson/Lumpkin County Line)  THIS AGREEMENT, effective as of M6j lle  2024, is by and between  DAWSON COUNTY, aj political subdivision of the State of Georgia ("Dawson"), and the CITY OF DAWSONVILLE, a Georgia municipal corporation ("Dawsonville"). Individually, Dawson and Dawsonville may be referred tol herein as a "Party," 'and, collectively, as the "Parties." WHEREAS, pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, cities and counties are authorized to contract with each other for a period not exceeding 50 years for the provision of services, or for the joint or separate use of facilities or equipment, so long as such contracts deal with activities, services, or facilities which such cities WHEREAS, pursuant to Article IX, Section II, Paragraph III of the Constitution of the State of Georgia, Dawson and Dawsonville are authorized, jointly and severally, to exercise powers and provide services related to street and road construction maintenance, including curbs, sidewalks, street lights, and devices to control the flow oft traffic on streets and roads constructed WHEREAS, pursuant to Article IX, Section II, Paragraph III of the Constitution of the Stateo of Georgia, Dawson is] prohibited from exercising these powers orj providing any such: service inside the boundaries of] Dawsonville except by contract with Dawsonville; and WHEREAS, pursuant to O.C,G.A. $ 32-4-62(d), Dawson has the authority provided in O.C.G.A. $32-4-112(b) to contract with Dawsonville and expend funds for work on public roads WHEREAS, a portion of Burt Creek Road between State Route ("SR") 136 and the Dawson/Lumpkin County line lies within Dawsonville's jurisdiction and a larger portion of that WHEREAS, Dawson and Dawsonville are parties to that certain Settlement and Release Agreement effective on May 20, 2021, wherein Dawson agreed as aj part of such setllement to repave, as) part ofi its road and culvert improvements projects, Burt Creek Road from SR 1361 to the WHEREAS, following further inspection ofthat portion ofl Burt Creck Road to ber repaved, thel Parties agree that repavingi is no longer a viable, long-term solution and additional work beyond  and counties are authorized by law to undertake or provide; and  by counties and municipalities or any combination thereof; and  within Dawsonvylespurisaicion: boundary; and  section of Burt Creek Road lies within Dawson'sj jurisdiction; and  Dawson/Lumpkin County line; and  1  ExhibitA    just repaving the road (e.g., deep patch and resurfacing and/or full depth reclamation) should be WHEREAS, in accordance with the applicable state law requirements, Dawson has conducted a competitive bid solicitation which will result in an agreement between Dawson and a paving company (the "Contractor"), which agreement scope will include deep patch and resurfacing work to be completed on that portion of] Burt Creek Road lying within Dawsonville's WHEREAS, Dawsonville has agreed to pay the difference between the bid price associated with the base repaving work for the Project and the bid price of the deep patch and resurfacing work to be completed on the roadway within Dawsonville's.t jurisdiction; and WHEREAS, the Parties agree that coordination of construction efforts for cross- jurisdictional road improvement projects, including thel Project herein, provides cost savings and efficiencies that are in the best interest oft thc citizens of both Dawson and Dawsonville. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgment and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties  completed to extend the life of the road; and  jurisdiction (the "Project"); and  mutually agree to the above recitals and as follows:  1. Agreement.  a. Dawson's Duty to Manage the Project. The Parties agree that Dawson shall assume primary responsibility for management oft thel Project, including completion of the Work (described below), and its public road construction'maintmance b. General Description of the Work. The work to be performed pursuant to this Agreement consists of deep patch and resurfacing of approximately 2,635 linear feet of Burt Creek Road lying within Dawsonville's jurisdiction (the "Work"). Dawson shall complete the Work using the services of the Contractor. C. Timing. Dawson estimates that it will issue a Notice to Proceed to the Contractor before the end of June 2024 and that the Work shall be substantially completed d. Cost Allocation. The Work to be completed within Dawsonville's jurisdiction (deep patch and resurfacing) is estimated to cost $44,383.23, which is calculated as the difference between the base repaving work ($112,733.12) (which remains Dawson's responsibility) and thei increased cost associated with the deep patch and resurfacing work ($157,116.35) (see Bid Tabulations Sheet attached marked "Exhibit A"). Dawsonville agrees to pay $44,383.23 towards the completion of the Work and Dawson agrees to pay the remainder ($112,733.12). The Parties agree  agreement with aj paving company (the "Contractor").  before the end of) December 2024.  2  Exhibit. A    that Project costs are based on estimated quantities and that actual contract quantities will not be known until the Project is complete. The Parties agree that upon completion ofthel Project, when actual contract quantities are final, thel Parties agree to split additional costs incurred above the estimated amount referenced above such that the County will fund 72% of the additional costs and the City will fund 28% oft the additional costs (same percentage split as allocated above). Except for any reasonably disputed amounts (which shall bej paid promptly uponi resolution of the dispute), Dawsonville shall pay all amounts due under this IGA to Dawson Dawsonville's Right and Duty to Review the Work. Dawsonville shall have the right and duty to review the Work and to advise Dawson of any observed discrepancies or potential problems so that these can be timely addressed with the Contractor. Dawsonville. may, but shall not be required to, test or inspect the Work for compliance with applicable technical standards. Dawsonville acknowledges that its remedies against the Contractor for defective Work may be limited to those remedies available to Dawson in its contract with the Contractor to the extent such remedies can be enforced by Dawson, Dawsonville shall respond in a timely manner to any issue that may arise during the Work that requires its input. The Parties shall make reasonable and good-faith efforts to coordinate their oversight oft the Work and proactively address any issues that may arise. Disputes with the Contractor. Dawson shall address with the Contractor any issues or concerns. raised by Dawsonville concerning the Work and, subject to the limitations below, Dawson shall make good faith efforts to enforce the contract with the Contractor for the benefit of Dawsonville. Except as separately agreed between thel Parties, Dawson shall not! bei required to write any demand letter or file any lawsuit against the Contractor or take any other similar formal legal action Change Orders. Dawson will discuss any proposed change orders that operate to increase the cost ofthe Project for the Work to bej performed within Dawsonville's jurisdiction with Dawsonville: in advance of approving such change orders with the Contractor. Upon Dawsonville's approval of any such proposed change order, Dawsonville agrees to timely pay all costs associated therewith in accordance with h. Contractor) Insurance and Contract Provisions. Dawson shall make ag good faith effort to include ini its contract with Contractor, or to execute an amendment to such contract, a requirement that: (1) Dawsonville is named as an additional insured on any liability policies covering the Work, (2) Dawsonville is named as an intended third-party beneficiary of such contract, and (3) the Contractor be required to give notice to the County within a reasonable time after discovering that the actual  within thirty (30) days of request.  arising out oft the Work.  subsection d. hereinabove.  3  Exhibit A    contract quantities for the Work within Dawsonville's jurisdiction will exceed the estimated quantities, which notice the County will provide to the City upon receipt. 2. Agreement Term. This Agreement shall commence upon execution by the Parties and shall expire upon completion of all duties and obligations provided herein, provided that 3. Termination for Convenience. Either Party may terminate this Agreement for convenience by providing written notice oftermination tot the other Party. IfDawsonville terminates this Agreement for convenience: (a). Dawson shall promptly (but in any event, not later than fourteen (14) calendar days following receipt of a termination notice from Dawsonville) terminate the Work in its contract with the Contractor (but only that portion ofthe Work that is within Dawsonville'sj jurisdiction); and (b). Dawsonville shall reimburse Dawson for all reimbursable costs incurredi through the date of termination oft thel Dawson- 4. Assignment or Transfer. The rights, privileges and obligations under this Agreement shall not be assigned or transferred by either Party without the prior written consent ofthe 5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, Ifany action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws oft the 6. Public Procurement Requirements. Each Party agrees that it will comply with all public road work procurement requirements under any applicable state or federal law related to any construction, improvements, or services contemplated by this Agreement. 7. E-Verify and Title VI. Each Party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each Party agrees that any contracts let for the Project and/or the Work shall contain all required E-Verify and Title VI requirements under applicable law, 3. Coopcration. Each Party shall, at the request of the other, make, execute and deliver or obtain and deliver all instruments and documents and shall do or cause to be done all such other things which either Party may reasonably require to effectuate the provisions and 9. Authority tol Execute. Each oft the individuals executing this Agreement on behalf ofhis orh her respectivel Party agrees and represents that! he or shei is authorized to do sO and further agrees and represents that this Agreement has been duly passed upon by the required  the term oft the. Agreement shall not exceed fifty (50): years,  Contractor contract.  other party.  State of Georgia will control.  intention of this Agreement.  4  Exhibit A    governmental agency or board in accordance with all applicable laws and spread upon the 10. Force Majeure. In case by reason of force majeure, any Party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement, then if such Party shall give notice and full particulars of such force majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on, the obligation of the Party giving such notice, sO far as it is affected by such force majeure, shall be suspended during the continuance oft the inability then claimed, but for no longer period. Such Party shall endeavor tor remove or overcome suchi inability with allt reasonable dispatch. The term "force majeure," as employed herein, shall mean (a) any cause beyond the Party's reasonable control; (b) any act(s) of God; (c) any change in applicable governmental rules ot regulations rendering the performance of any portion of this Agreement legally impossible; (d) strikes, lockout(s) or other labor disputes or industrial disturbance(s); (e) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, pandemiclepidemic, invasion or act(s) of a public enemy; (f) order(s) ofany kind of the Government of the United States or the State of Georgia or any civil or military authority; and (g) natural disaster, catastrophe, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, or explosions, or breakage or accidents outside the Party's control which prevent performance under this 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes andi replaces any and all other agreements, eitheroral ori in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained int this Agreement. shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of all Parties with appropriate 12. Waiver. No failure by either Party to enforce any right or power granted under this Agreement, or to insist upon strict compliance, and no custom or practice of either! Party at variance with the terms and conditions oft this Agreement shall constitute a general waiver of any future breach or default or affect a Party's right to demand exact and strict compliance with the terms and conditions oft this Agreement. Further, no express waiver shall affect any term or condition other than the one: specified in such waiver, and that one 13. Severability. Should any provision of this Agreement or application thereofto any person or circumstance be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to any person or circumstance, other than those to which itis held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the full extent permitted by law.  minutes thereof.  Agreement.  authorization.  only for the time and manner specifically stated.  5  Exhibit A    14. Agreement Jointly Drafted by the Parties. Each Party represents thati ith has reviewed and become familiar with this Agreement andl has notified the otherl Party ofany discrepancies, conflicts or errors herein. The Parties agree that, if any ambiguity or question ofi intent or interpretation: arises, this Agreement ist to be construed asi ifthel Parties had draftedi litjointly, as opposed to being construed against a Party because it was responsible for drafting one 15.] Records. Each Party shall maintain records relating to matters covered by this Agreement as required by law and by any additional requirements in this Agreement. Such records shall be maintained for at least a period of three (3) years following the termination or 16. Notices. All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been properly given or served and shall be effective on being deposited or placed in the United States mail, postage prepaid and registered or certified with return receipt requested to the addresses appearing  or more provisions oft the Agreement.  expiration ofthis Agreement.  below, or when delivered by hand to the addresses indicated below:  Ifto Dawsonville: City ofDawsonville, Georgia Administrative Offices 415 Highway 53 East, Suite 100 Dawsonville, GA: 30534 ATTN: City Manager  Iftol Dawson: Dawson County, Georgia Administrative Offices 25. Justice Way Dawsonville, GA 30534 ATTN: County Manager  17. Settlement Agreement Satisfaction. Thel Parties hereto agree that Dawson's obligations regarding the repaving of Burt Creek Road as described under that certain Settlement and Release Agreement effective on May 20, 2021,acopy ofwhich is attached hereto marked "Exhibit B," including the timing requirements stated therein, shall be fully and finally  satisfied upon completion of thel Project described herein.  (remainder oft this page intentionally left blank)  (signature page follows)  6  Exhibit A    IN WITNESS WHEREOF, thel Parties hereto, acting! by and through their duly authorized officials and officers pursuant to appropriate ordinances and resolutions hereinbefore duly and properly adopted by each, have caused this Agreement to be executed in duplicate counterparts and the official seals of each Party properly affixed, each delivering to the other one of said  duplicate counterparts, the day and year first above written.  CITY OF DAWSONVILLE, GEORGIA, DAWSON COUNTY,GEORGIA, by and  by and through its City Council RLE  through its Board ofCommissioners L  By: Billy"  Mayor  Chairman  abater Attest  Beverly Bayfister, CllyCleyk  Kacy  Approved as 104 Kily Ariorpes  ApproyedastoF CbuntylAttorney Z  7  Exhibit/ A    EXHIBITA BID TABULATIONS  BURT CREEK ROAD FROM: SR1 1367 TO NORTHERN TERMINI OF CITYLIMITS  Basel Bid Line Item Description leveling and Resurfacing- -Burt Creek Road- TASK2: Appro. 2,635 feet 2.1 Traffic Control, Shoulders, Striping, Signagea and Mobllization 2.2 9.5mm 135ibs/SVT IP1 1/HMix SPA Asphalt Topping 20'wide  Estimated Quantity 1 450  Unit Lumps sum TN Subtotal  UnitCost Total Estimated Cost $38,600.12 $164.74 $112,733.12  $38,600.12 $74,133.00  Alternate Bids  Alternatel BURT CREEKF ROADF FDR-Approx.: 2635 feat Alternate 1.11 Trafficc Control, Shoukders, Striping, Sigriageand Mobitization Alternate 1.2 1o" Cement Reclaimed Base! (Includest temp raisedi laner markers)2 20f footv wide Akternate 1.3portlandc Cement- 551 Ib/SV Altemmate) 1.4 B-MODA Asphalt Binder 2"D Depth, 20'v wide Alternates 1.5 9.5n mm 135ibs/SVT TP 1/HMIxSP Asphalt Topping 20' wide Alternate #2 Bidf for Task2 BURT CREEKF ROADDeep Patchand Alternatel Resurfachng-Approx.: 2635 feat Akernate 1.1, Traffic Contral, Striping, Signagea and Mobilization Altemate 1.2) 9.5n mm 1351 Ibs/SY TP1 1/HMix SPA Asphalt Topping? 20'y wide Aiternatei 1.3 Deepr Patchz 2inchd depth andreplace withB- MODA AsphaltB Binder  Lump Sum SY TN TN TN  $44,488.76 $5.33 $286.93 $154.39 $164.74 $304,097.64  $44,488.76 $31,207.15 $46,195.73 $108,073.00 $74,133.00  5855 161 700 450  TOTAL COSTS FOR ALTERNATE#1  Lump Sum TN TN  $33,871-39 $164.74 $245.56 $157,116.35  $33,871.35 $74,133.00 $49,112.00  450 200  TOTAL COSTS FOR/ ALTERNATE#1  8  Exhibit/ A    EXHIBITB  SETTLEMENT AND RELEASE. AGREEMENT  This Settlement and Release. Agreement (hereinafter, the' "Agreement"): is made ande entered the' "County"),ap political subdivision ofthe State ofGeorgia, and the City ofDawsonville, Georgia (the' "City"), ar municipal corporation (County and City, collectively, the' "Parties").  into this Zo dayof May  2021, by: and between! Dawson County, Georgia (hereinafter  RECITALS  WHEREAS, City has asserted claims against County relating tot the SPLOST approved by voters on March 16, 2021 (the "SPLOST") and filed al lawsuit in Dawson County Superior Court WHEREAS, County denies the validity of such claims, has asserted the legality of the WHEREAS, rather than litigate the validity of the claims, the Parties desire to fully and finally settle any claims, as well as all remaining differences, legal disputes, claims, actions, causes ofaction, charges, or complaints between and among them, arising out oft the SPLOST. NOW THEREFORE, in consideration oft the mutual promises and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the signatures below, andi intending to be legally bound, thel Parties hereby agree  (2021-cy-0151)to challenge the SPLOST (the "Lawsuit"); SPLOST, and has filed a motion to dismiss the Lawsuit; and  as follows:  I. NO ADMISSION OF LIABILITY  The execution ofthis Agreement andt the consideration given by each Party hereunder shall not be deemed to be an admission of liability or wrongdoing by any ofthel Parties, and each Party expressly denies for itself any liability or wrongdoing. Notwithstanding the foregoing, the City shall issue a press release wherein it states the following concepts: (1) the City in good faith challenged certain aspects of the SPLOST; (2)t the County in goodi faith asserted the validity ofthe SPLOST and filed a motion to dismiss thel Lawsuit; and (3) thati inc order to move the besti interests of the citizens of Dawson County and the City of Dawsonville forward, the City and County worked together to reach an agreement that allows their dispute to end and the SPLOST to go forward without any further challenge. The County may. join in the City's press release, or may  issue its own addressing the same points. II. COUNTYPROJECTS  The County shall develop thet following projects in accordance with thej provisions set forth below. The County may use SPLOST funds or other available funds to complete the projects.  1  ExhibitA    A. Road Repaving, The County shall repave the following roads as part of its road and  culvert improvements projects:  i. Shoal Creek Road from the Historic Courthouse to State Route 136. This improvement shall be completed within the time provided for completion of ii. Burt Creek Road: from Statel Route 136to1 the Dawson Coumty/LampkinCounty line. This improvement shall be completed within two calendar years from  projects under the SPLOST. execution of this Agreement.  B. Sheriff Patrol Vehicles. The City, the Dawson County Sheriff, and the County are finalizing a separate. IGA (the' "SheriffIGA") for the City to fund certain aspects of the law enforcement budget so as to provide additional services for the incorporated area of Dawson County, The Sheriff IGA contemplates the addition of two Sheriff's deputies to serve the incorporated area of Dawson County. Based on the requirement that SPLOST funds must be spent on capital assets, the County shall: fund the one-time purchase of the fixed (capital) assets necessary to initially equip the two deputy positions contemplated by the Sheriff IGA, consisting of: two patrol vehicles for use by the Dawson County Sheriff, and the uniforms, vests, body cameras, firearms, and similar capital equipment associated with thet two deputy positions. Itis understood by the Parties that the County's requirement to fund expenses under this paragraph is contingent upon the City, the Dawson County Sheriff, and the County finalizing and entering into the Sheriff IGA, In the event the Agreement between the City, the Dawson County Sheriffand the County is not entered into by the Parties, the County's C. Contribution Toward Mutually Beneficial Projects. The County shall contribute $125,000.00 toward any City project or projects which reasonably benefit the citizens ofboth the City and the unincorporated County. By way ofexample and notl limitation, it would not be appropriate to utilize the funds provided fori ini this paragraph in order to resurface a street within ai residential subdivision development. The County shall fund such project(s) as a reimbursement of incurred costs. The City may request County confirmation that the particular project(s) selected by the City are consistent with this paragraph, which confirmation shall notl be unreasonably withheld or delayed. Reimbursement willl be made within thirty (30) days ofr receipt ofinvoices fori incurred  obligations under this provision shall cease,  costs,  2  Exhibit. A    II. IGA FORI PARKING  The City and County will enteri intos an IGA, wherein the County shall make County-owned parking lots within the City available for City uses after-hours and on weekends. This will apply to parking spots at all County facilities in) Dawsonville, including any future County facilities (e.g. Health) Department): that may, in the County's discretion, be constructed within the corporate. limits of the City of Dawsonville, The term of the IGA shall be for the term of SPLOST VII, with an option to renew (upon approval by both parties) for additional terms off five years after the initial term. The IGA shall include reasonable notice requirements when either party has ai major event that would require significant parking needs, and City must promptly clean up thej parking lot after its major events. Nothing in the IGA will prevent the County from relocating or modifying any  facility or parking area ini its sole discretion, IV. IGA FORSPLOST  The Parties agree to enter into a SPLOST Intergovermmental Agreement ("SPLOST Agreement"), promptly after approval of this Agreement, reflecting the SPLOST that was approved by voters on March 16, 2021. The. Agreement will also specify that after the collection of the first $8,500,000.00 (to be used for Level II County Wide Projects), the City shall receive the next $1,500,000.00, which amount shall be counted towards its overall 12% oft the SPLOST proceeds after the collection of the $8,500,000.00. The IGA shall provide, after the City has received its $1,500,000.00, for the County to have an accelerated payment period, wherein the collections are balanced to the City/County respective 12%/88% parameters, and after such balance is achieved, the remainder of the SPLOST proceeds will be collected based upon those  same percentages (12% and 88%).  V. RELEASE. AND DISMISSAL OFLAWSUIT  With the execution of this Agreement and the separate IGAS called for inj paragraphs III and IV, except for the County's obligations set forth in this Agreement, City, on behalf of itself and its agents, assigns, employees, and officers, does hereby forever release and discharge the County and each of its agents, assigns, employees, and officers, and any others who may have acted in concert with the County, from any and all charges, complaints, claims, counterclaims, third-party claims, liabilities, obligations, promises, agreements, controversies, demands, damages, expenses, actions, causes of action or suits ofa any kind or nature, known or unknown, direct or indirect, arising out of the SPLOST, including without limitation any claim that the SPLOST is invalid or improper, that the County violated any of the City's rights in connection with the SPLOST, or that the Cityi is entitled to any share of SPLOST proceeds not set forthi in the SPLOST Agreement. (Nothing herein shall constitute: a waiver or release ofa any claim by the City that the County has not complied with the terms of the SPLOST Agreement or this Settlement Agreement.) Within threel business days after complete execution ofthis Agreement and thel IGAs called fori inj paragraphs III and IV, the City shall dismiss the Lawsuit with prejudice and file an accompanying final case disposition form. Each Party shall bear its own legal fees and costs  associated with the Lawsuit and thet negotiation ofthis Agreement.  VI. MISCELLANEOUS PROVISIONS  3  Exhibit A    A. Effective Date by all Parties hereto.  This Agreement shall become effectivei immediately upon the execution ofthis Agreement  B. Entire. Agreement  This Agreement contains the entire agreement oft the Parties and no waiver, modification, or amendment ofthis Agreement shall be valid unless iti is by an express writing and signed by the  Parties.  C. Construction of Agreement  The Parties acknowledge and agree that this Agreement and the full and final settlement memorialized herein have been negotiated between and among the Parties. In the event ofa dispute about the meaning, construction, ori interpretation oft this Agreement, no presumption shall applys so as to construe thel language ofthe Agreement: for or against either Party. This Agreement shall bel binding upon and inure to the benefit ofall of the Parties and upon their administrators, representatives, executors, successors andj permitted assigns. This Agreement may be executed in multiple counterparts and all such counterparts shall be taken together so that they may constitute a completely executed agreement among the Parties. This Agreement shall not be construed to confer upon: any third person or entity not al Party any rights or privileges, or toi impose upon any of the Parties any obligations or responsibilities to third persons or entities not Parties. If any provision oft this Agreement is held to be illegal or invalid in any suit, action or proceeding by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted for purposes of such suit, action or proceeding only, unless otherwise ordered by such court, and neither such provision nor its severance and deletion shall affect the validity of the remaining  provisions.  D. Authority to Sign  Thei individuals signing this Agreement hereby represent and warrant that he/she has all of the requisite power, authority and competency to execute and enter into the Agreement for the Party represented. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all ofwhich shall constitute one and the same agreement.  IN WITNESS WHEREOF, City and the County have executed this Agreement,effective  as of the date first above written.  [SIGNATURES ONI FOLLOWING PAGES]  4  Exhibit A    City of) Miké Eason Mayor  M5   Attesk dwhohuge Print pakayAfansk  Its: CityClerk  Dawson County, Georgia: Chairman, Board of Commissioners 1  Billy  Abib-Chw By: Krishen Clswd Its: County Clerk  5  Exhibit A