CITY OF HOSCHTON CITY COUNCIL  THURSDAY, FEBRUARY 8, 2024AT 6:00PM HOSCHTON COMMUNITY CENTER 65CITYSQUARE, HOSCHTON  HOSCHTON  WORK SESSION AGENDA  CALLTOORDER AGENDAAPPROVAL OLD BUSINESS  REPORTS BY MAYOR, COUNCIL, AND. STAFF  1. Garland Contractors, Inc. Public' Works Building Estimate  NEW BUSINESS  1. Creekside Townhomes Elevations Approval 2. Resolution 24-03: City of Civility Designation  3. Resolution 24-04: Property Acquisition from Bobby L. Blankenship and Dianne S. 4. Resolution 24-05: Awarding Construction Contract for the South Water Tank Project 5. Resolution 24-06: Awarding Contract for Phase 1B Water Distribution System  Blankenship  Improvements  6. Resolution 24-07: Updating Authorized Signers on Bank Accounts  7. Resolution 24-08: A Resolution Accepting from KH Twin Lakes, LLC, the Dedication of 0.027 acre of right of way along the southeast side of Peachtree Road. 8. Resolution 24-09: A Resolution Accepting from Hog Mountain Properties, LLC, the Dedication of 0.092 acre of right of way along the southeast side of Peachtree Road. 9. Resolution 24-10: Al Resolution Accepting from Hog Mountain Properties, LLC, the Dedication of right of way along the northwest side of Peachtree Road.  10. Resolution 24-11: A Resolution Accepting from DCH Montebello, LLC, the Dedication of  right of way along the northwest side of Peachtree Road.    11. Request that the Hoschton City Council initiate an application for variance (V-24-01)to the Hoschton zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, "Dimensional Requirements for Non-Residential Zoning Districts," to reduce the required front building setback of Peachtree Road Extension right ofv way (east property line) from 151 feet to 5 feet for property (Map/Parcel 120/0131; 1.54 acre) fronting on the east side of SR! 53 and the south side of Towne Center Parkway) on behalf of the property owner (Towne Center  53, LLC, Property Owner) (C-2 zoning)  CITIZEN INPUT ADJOURN  EXECUTIVE SESSION (IF NEEDED)    MONTHLY  DEPARTMENTAL  REPORTS    CITY MANAGER REPORT JANUARY 2024  Met with our Engineering team to discuss capital projects  Met with Brewer Engineering to discuss the layout for the public park at 153 Mulberry Street  Met with the department heads to discuss dayt to day projects fort themselves and their department for 2024. Bidding for Water Line Upgrade for Phase 2  Department heads, human resource and myself met with all employees individually andi reviewed goals  Met with Councilmember Dave Brown, Water/Sewer Superintendent Brett Day, Mayor Debbie Brown, Jerry Hood, Engineer and myself to review capital projects for water and sewer and concerns at Deer Meeting with Senator Frank Ginn along with other counties and cities to discuss future water supply Mayor and myself met with GDOT and discussed the upcoming Q&A that they will present. City Manager, Water Supervisor, Mr. Brett Day and Mr. Greg Bennet and our Engineering team met with Water/ /Sewer Supervisor, Mr. Brett Day met with the GA EPD to conduct a water audit. This is ar routine inspection of the water: system they perform about every threey years to ensure the cityi isi in compliance with all the rules and regulations of the GA Safe Drinking Water Act and that we are following the guidelines of our State issued' Water system permit and GA Groundwater Permit. City Manager met with Councilmember Tina Brown, President of Hoschton Historic Preservation, Ms. Karen' Wittrya along with Ms. Carol Tanner to discuss the renovation needs for thel home at 153 Mulberry Our Team met with Kolter and our well exploring teami to determine! if their would be good well sites on thel Kolter Development Site. We hope tol have ar report back to share with all Mayor and Council soon. Mayor Martin, Councilmember Dave Brown, City Manager, City engineer, Mr.. Jerry Hood and' Water Supervisor, Mr. Brett Day met with Barrow County' Water Supervisor, Mr. Chris Yancyt to discuss Mayor and City Manager set upi interviews with 7i individuals that have shown interest in being apart of the Planning and Zoning Committee on March: 31, 2024. 30 mini interviews between 9am-  Creek. project.  contractor to discuss finalizing the last steps for Phase 1 Water Update  Lane.' Wel lookt forward to sharing this report with Mayor and Council soon.  infrastructure for future needs of more capacity.  12:30pm. Mayor Martin will have updates for all Council.  Best Regards, Jennifer Harrison City Manager    Police Department Report 01/31/2024  1. Reports and Citations- The Police Department generated right at 250 incident numbers since Jan. 1a and wrote 58 citations in the month of  January.  2. Court- We will have court again on February 15th at City Hall.  3. Training- Officer Kesler has been on light duty and has completed several online courses this month including community policing, use of force,  human trafficking and several others.    PW Department Activity Report-January 2024  A. Week 1 (1.1.24)  a. Removed Christmas lights and decorations  b, Removed trash along Josh Pirkle, WestJefferson, and  East. Jefferson  C. Set-up speed limit sign in front of WJES d. Weekly trash pick-up-City Hall/City Square e. Weekly set-up at community center  f. Weekly check of all streets signs for damage and  maintenance  g. Weekly check for illegal R-0-W signs  B. Week 2 (1.8.24)  a. Remove debris from Deer Creek Cross Drain b. Check all city storm system during storm event of C. Cleared storm drain at 94 Deer Creek Trail  1.9.24  d. Removed trash along Town Center Pkwy, New Street,  Broad Street  e. Weekly trash pick-up-City Hall/City Square f. Weekly set-up at community center  g. Weekly check of all streets signs for damage and  maintenance  h. Weekly check for illegal R-0-W signs  i.  C.V Week 3 (1.15.24)  a. Weekly Truck checks Maintenance and tools) b. Weekly trash pick-up-City Hall/City Square C. Weekly set-up at community center    d. Weekly check of all streets signs for damage and  maintenance  e.V Weekly check for illegal R-0-W signs f. Removed trash along Hwy 53, Nancy Blvd, and  Jackson Trail  D.V Week 4 (1.22.24)  a. Weekly Truck checks Maintenance and tools) b. Assisted W/S with jetting Brook Glen sewer lines C. Started reshaping Nancy ditches and removed debris  from storms  d. Weekly trash pick-up-City Hall/City Square e. Weekly set-up at community center  f. Weekly check of all streets signs for damage and  maintenance  g. Weekly check for illegal R-O-W signs h.F Removed trash along Peachtree road i.N Monthly Safety and MS4 staff meeting  E. Week 5 (1.29.24)  a. Weekly Truck checks Maintenance and tools) b. Weekly trash pick-up-City Hall/City Square C. Weekly set-up at community center  d. Weekly check of all streets signs for damage and  maintenance  e. Weekly check for illegal R-O-W signs f. Assisted W/S by taking chemicals to wells  g. Unloaded sewer rings and lids donated by dirt works h. Located sewer manholes along Bell Ave., Board Street, West Jefferson, and hall street for clean-up    SAFETY & MS4 MEETING ATTENDANCE SIGN IN  HOSCHTON  Date:1.26-34  Department: aowwr/ALCwN  Safety Topic: Excavahun SaReH  MS4 Topic: Ilics Sbmwher Osulvge  Attendees!  Sae Hes hn Fonls Derik Elhaege Joek Iww auyne Crniz SlVAEeS Ja5on Buches EANV Wheder  eki ah  CAE  -  BWub  M  1  Safety Coordinator:    EXCAVATION SAFETY II Utility Color Codes  Volume 1 Fast 100 Issue 11C-2  Hazards posed by striking buried underground utilities include property In addition to OSHA rules, workers should be aware that there may be specific state, municipal, or local rules for "Call before you dig" where the > Always respect the markings and flags placed by the locating service. OSHA Standard 1926.651(b)(1) states that the estimated location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation.  damage, injury, electrocutions, and even explosions.  work is being done.  Call 811 from anywhere in the country a few days prior to working on excavations or trenches and the call will automatically be routed to the  local one call center.  Prior to excavation and calling before you dig some states require contractors to "white line" the area proposed for "White line" the area by painting arrows, dashes, dots, or lines in the area the crew will be digging before the locate service arrives. OSHA Standard 1926.651(b)(2) says that utility companies or owners shall be customary local response times, advised of the proposed work, and asked to establish the location of the utility underground installations prior to the  COLOR CODE FOR MARKING UNDERGROUNDUTILITIES PROPOSED EXCAVATION TEMP SURVEY MARKINGS ELECTRIC- POWER GAS-OIL-STEAM TELCO ( COMMUNICATIONS  excavation.  contacted within  established or  POTABLEWATER RECLAIMEDWATER SEWER- DRAINI LINES  start ofactudlexcavation.  Not for resale or unauthorized redistribution. For all1 terms & conditions that apply, please visit www.weekysalety.com:  OW Weeklysafety.com, LLC  WeeRlysarety.com    HOSCHTON  January 2024 Monthly Report  Water  Daily water route check of connections, water tank and random sample sites  Daily checks and operations of both city wells  Daily water sampling Weekly well cleanings  Monthly Meter high usage and non-read meter reading Pulled monthly Reporting EPD: Samples Pulled monthly Bacteriological samples throughout water system Replenished Chemicals at both Wells Daily utility locates, 272 water/sewer locates for the month of. January Recorded all daily, weekly, and monthly Data Completed and Submitted Monthly Water Reports to EPD Repaired Well vent at Cabin Drive Well Repaired chemical leak at Cabin Drive Well Deep Cleaned Both Well Buildings Repaired 3 water leaks in system Flushed Sampling stations around town  EPD came and completed a Sanitary Survey Inspection on the Water System  Repaired Water Sampling station in WildFlower subdivision  Meeting with Emory & Garrett and Kolter about potential well sites, walked the  property  Met with Barrow County again regarding Purchase Water Had Bid Opening for South Water Tank Had Bid Opening for Water System Improvements phase 1B  Inc depth truck inventory was Completed and updated the Monthly/weekly Checklists    Installed 11 new water Meters  The Village Sidewalks were repaired from Decembers Water leak Repair  Wastewater  Daily Plant check of equipment and processes Daily sampling andi testing of plant Effluent Daily Instrument calibrations Daily lab equipment temperature checks Weekly process control lab work Weekly Automatic samplers turned on and checked Pulled' Weekly permit samples Performed weekly permit Lab testing Recorded all daily, weekly, and monthly Data Performed Maintenance on Dewatering Belt Press Performed Weekly and monthly Maintenance on Clarifiers Performed Weekly Sewer pump station and generator check Ran Belt Press weekly to remove excess solids in Plant Weekly Washdown and cleaning of tanks, troughs, and filter Daily utility locates, 272 water/sewer locates for the month of January Completed and Submitted Monthly' Wastewater Report (DMR) tol EPD Finished New Pump Station Startup (Twin Lakes #2) Removed trash barrels from Lift Stations Oliver Electric repaired Sludge pump issue Replaced level Transducer for EQ Pond Jetted sewer Backup in Brook Glen subdivision Clean/jetted several sewer lines in Brook Glen Started Sewer line/Right of Way inspection and Cleaning Found several older and buried Sewer Manholes Raised three Manholes to make visible and West. Jefferson Street.  Met with EMI and done a field evaluation of the grinder pump system at Panther court  Oliver Electric Repaired Decant Valve on Digester Tank Fixed Driveway at Towne Park Lift Station  Inc depth truck inventory was Completed and updated the Monthly/weekly Checklists    OLD BUSINESS  ITEM #1  Garland Contractors, Inc. Estimate-  Public Works Building    Garland Contractors, Inc.  General Contractors OFF 770)725-9000 FAX (770)725-8900  PO Box 370 Bogart, GA 30622  Hoschton Public Works Project 374 Cabin Dr, Hoschton GA 30548  Budget Site & Building Estimate Summary Based on preliminary drawings by DuSouth and Garland  January 3, 2024 $ 2,500.00 $ 91,700.00 $ 80,500.00 $ 28,500.00  Mobilization  2 Site clearing, gravel pad, dumpster pad, concrete apron  building pad grading, safety fence 3 Earthwork- grading Erosion Control  Water- 1.5" PVC waterline tap/meter by the owner Sanitary Sewer- does not inlcude pump station  By owner $ By owner $  Storm Sewer I Landscaping  $ 8,500.00  allowance $ 15,000.00  9 Survey, layouts and as- builts 10 Pre-engineered building material PEMB roof and wall insulation Labor to erect PEMB Building Details: 58' x6 66' x21' high eave Design Loads- IBC2018 20 PSF live load, 108 MPH wind load Standard gutters & downspouts Roof material 24 gauge standing seam galvalume Wall material 26 gauge exposed fastener with standard finish  $ 5,200.00 $ 75,548.00 6,700.00 34,000.00  Joshua 24:15  Commercial e Industrial e Design/Build    Garland Contractors, nc.  General Contractors OFF (770)725-9000 FAX( (770)725-8900 60,657.00  PO Box 370 Bogart, GA: 30622  11 Concrete building footings and slab 6"concrete slab with 3,000 PSI concrete Pier estimated to be confirmed with PEMB reactions 12 HVAC-r restroom HVAC and warehouse heat Restroom exhaust fans, warehouse exhaust fans No! low voltage. No service lateral included. Sanitary waste and vent piping in schedule 401 PVC Provide and install floor drains in shop Provide andi install one water heater Provide andi installi fixtures as shown on the plan  $ 12,000.00 $ 35,000.00 $ 34,000.00  13 Electrical- per plans 14 Plumbing  15 Overhead doors (4): 14'x14'doors (3) 10'x10' doors 16 Painting 17 Personel Doors  $ 36,420.00  $ 2,500.00 $ 2,500.00  18 Fencing. allowance only for perimeter fencing if needed  Allowance $ 16,450.00  19 Office and bathrooms Framing, insulation and drywall Restroom accessories  $ 7,000.00 2,215.00 > 15,000.00 129,000.00 9,600.00  20 Architectural, structural and MEP Design Cost (No engineer stamp on MEP bys subcontractor) 21 Supervision, Travel, Tools, Equipment Temporary Toilet, Utilities  22 Insurance  Joshua 24:15  Commercial e Industrial e Design/Build    Garland Contractors, mc.  General Contractors OFF (770)725-9000 FAX(770)725-8900  PO Box 370 Bogart, GA: 30622  23 Testing and special inspections 24 Final Clean Up 25 Permits & Fees  Allowance $ 10,000.00  $ 2,500.00 by owner 15,905.00  26 Payment and Performance Bond  Total Building Cost: $ 738,895.00 G.C. Overhead 6 6% $ 44,333.70 GC Profit- 4 4% $ 29,555.80  $ 812,784.50  NOTES 1 No building signage 2 No contingency money has been included. 3 No low voltage or security 4 No fire alarm system 6 No interior liner panels 7 No pipe bollards  5 No painting ofe exposed roof and wall steel structure 8 No shop equipment including racks, tools, lifts, etc.  Joshua 24:15  Commercial e Industrial e Design/Build    MW        137  BENCH  STORAGE RACKS  0  RIGHT  Garland &e ocint Contrnctors, Inc. GENERAL CONTRACTORS 1020GarlandDr.- Suite400 POBox370 Bogari, GA30622 wwwg gerlandconkaciom.com  Phone: Fax: Desiga/Build    Garland de Contraotors, Inc. GENERAL CONTRACTORS 1020GarlandDt.- Phone:7 POBOK370 Fax: Bogart, GA3 30622 wwwg garland-c com Commercial- Industrial- DesignBuild    XXXXXXXR25 &  Garland d Aesocintes Contraotorm Inc. GENERAL 1020G GarlandDr.- Suite400 POBox3 370 Bogart, GA30622 wwgaandeniasiescon  Phone:? Fax: Design/Build    Garland & Amsocintes Contractors, Ino. GENERAL CONTRACTORS 1020 GarlandDr,- Suile 400 POBox3 370 Bogart, GA30622 wowandonindwnc. Commercial- Indusirial- DesignBuils  Phone: 770-725-9000 Fax:    AP  I  Garland & GENERAL CONTRACTORS 1020GarlandDr.- Suite400 POBOX370 Bogarl, GA30822 wwwg garland-ontacioss.om  Contractors. Inc. Phone: Fax: DesignBuild  3    E  D  Garland & sociates Contractors, Inc. GENERAL CONTRACTORS 1020G GarlandDr.- Suile400 POBoN3 370 Bogari, GA3 30622 www.g garland-conirecke  Phone: 770-725-9000 Fax: DesigBuild    2  Garland & GENERAL CONTRACTORS 1020G GarlandDr.- Sulle400 POBox3 370 Bogart, GA3 30622  Contractors. Ino. Phone: 770-725-9000 Fax:    HSREEE NE8 pa SNR F a NBE : Sa : a  Garland & GENERAL CONTRACTORS 1020GarlandDt,- Suile400 POBOx370 Bogarl, GA3 30622  Contrnotors, Ino. Phone: 770-725-9000 Fax: Indusiral Design/Build  m    B O0@  ea  @ge  00  00  0O  OGE  e 9 E  12'TALL WD0D &  @ e  e  Garland &e Amsocintes Contractors. Ino. GENERAL CONTRACTORS 1020GarlandDr.- Suile400 POBOx370 Bogari, GA3 30622 wwwg gartendconliacioscom.  33  Phone: Fax: DesignBuild    NEW BUSINESS  ITEM #1  Approval of Creekside Townhomes Elevations    Jerry Weitz &Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404) 502-7228 E-Mail: weiz@belsouth.net  Growth Management Comprehensive Planning Zoning &1 Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Items: Request to Approve Architectural Elevations of proposed fee-simple townhouses (Creekside Village Towns) (Final Plat for Creekside Village Towns, 31 lots on 3.03 acres fronting the south side of Eagles Bluff Way, along Creekside Commons Drive (Mixed Use  Zoning)  As a condition of final plat approval, the applicant agreed to submit architectural elevation drawings for city council approval prior to building permits being issued. The proposed elevation drawing and photos of similar dwellings have already been made a part of the county package. The Hoschton zoning ordinance has the following code requirement for the architectural Exterior material finishes. For any unit in a fee simple townhouse development that is preliminary platted after June 3, 2021, no less than 50% of all building sides, excluding windows and doors, shall be comprised of brick (masonry), stone, brick veneer and/or natural stone veneer. The remainder of the exterior walls shall be finished with fiber cement siding and other trim or accent materials approved by the zoning administrator. This provision shall not apply to fee simple townhouses authorized per a PUD, Planned Unit Development zoning district master Based on this code section and the elevation drawings submitted, the proposal does not meet code requirements. It appears that some of the front elevation is proposed to be brick buti it is not 50%. Also, the rear elevation (the ones facing SR 53) do not have an brick or stone Staff recommends that the applicant provide revised architectural elevation drawings that meet the code, or that City Council approve the request subject to full compliance with Sec. 6.55 of  material finishes for fee simple townhouses:  plan approved prior to June 3, 2021. (Sec. 6.55, zoning ordinance).  proposed).  the zoning ordinance regarding approved material finishes.  1    Memo, Architectural Elevations, Creekside Village Townhouses  Proposed Front Elevation  D BED BED BEO BEB B  -  -  Proposed Rear Elevation  2    Memo, Architectural Elevations, Creekside Village Townhouses  BO1 016A  119 022  119AECOM7  &  119 004M2  119 0040  G02 004  02  Property Location Map  3    18X24 PAPER  CREEKSIDE VILLAGE TOWNS WE PLAN ELEVATION-BLD LAYOUT  HOMES    Ao  pnE  a  - PO EE  CREEKSIDE VILLAGE TOWNS FIRST FLOOR-BLD LAYOUT HOMES  3  WE PLAN    CREEKSIDE VILLAGE TOWNS WE PLAN SECOND FLOOR-BLD LAYOUT HOMES        AASAAL        NEW BUSINESS  ITEM #2  Resolution 2024-03: City of Civility    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 24-03  ARESOLUTION PLEDGING TO PRACTICE. AND PROMOTE CIVILITY IN THE CITY OF HOSCHTON  WHEREAS, the City Council of the City of Hoschton (the "Council"), the governing body of the City of Hoschton, Georgia (the "Municipality"), recognizes that robust debate andi the right to self-expression, as protected by the First Amendment to the United! States Constitution, aret fundamental rights ande essential WHEREAS, the Council further recognizes that the public exchange of diverse ideas and viewpoints is necessary to the health of the community andi the quality of governance in the Municipality; and WHEREAS, the members of the Council, as elected representatives oft the community: and stewards oft the publict trust, recognize their special rolei in modeling open, free and vigorous debate while maintaining the WHEREAS, City Council meetings are open to the public and thus how City officials execute their legal WHEREAS, civility by City officials in the execution of their legislative duties and responsibilities fosters respect, kindness and thoughtfulness between City officials, avoiding personal ill will which results in WHEREAS, civility between City officials presents an opportunity to set a positive example of conduct and promotes thoughtful debate and discussion of legislative issues, resulting in better public policy and a more informed electorate while also encouraging civil behavior between residents; and WHEREAS, civility between City officials is possible if each member of the elected body remembers that they represent not only themselves, but the constituents oft their district and city; and WHEREAS, in order to publicly declare its commitment to civil discourse andi to express its concern fort the common good and well-being of all ofi its residents, the Council has determined to adopt this resolution.  components of democratic self-governance;and  highest standards of civility, honesty and mutual respect; and  duties is on public display; and  actions being directed to issues made in the best interests of residents; and  NOW, THEREFORE, BE ITI RESOLVED AS FOLLOWS:  SECTION ONE  The City of Hoschton pledges to practice and promote civility within the governing body as a means of  conducting legislative duties and responsibilities.  SECTION TWO  The elected officials of the City Council enact this civility pledge to build a stronger and more prosperous community by advocating for civil engagement, respecting others and their viewpoints, and finding  solutions for1 the betterment of the City of Hoschton.  SECTION THREE  This pledge strives to ensure that all communication be open, honest, and transparent as this is vital for  cultivating trust and relationships.    SECTION FOUR  This pledge strives to show courtesy by treating all colleagues, staff and members of the public in a professional and respectful manner whether in-person, online or in written communication, especially  when we disagree.  SECTION FIVE  This pledge strives to ensure mutual respect to achieve municipal goals, recognizing that patience, tolerance and civility are imperative to success and demonstrates the Council's commitment to respect different opinions, by inviting and considering different perspectives, allowing space for ideas to be  expressed, debated, opposed, and clarified in a constructive manner.  SECTION SIX  This pledge demonstrates our commitment against violence and incivility in all their forms whenever and  wherever they occuri in all our meetings andi interactions.  SECTION SEVEN  The City of Hoschton expects members of the public to be civil in its discussion of matters under consideration by and before the City Council, with elected officials, staff, and each other.  ADOPTED this day of  2024.  Debbie Martin, Mayor  Christina Brown, Councilmember  David Brown, Councilmember  Scott Courter, Councilmember  Jonathan Jackson, Councilmember  James Lawson, Councilmember  Fredria Sterling, Councilmember  ATTEST: City Clerk    NEW BUSINESS  ITEM #3  Resolution 2024-04: Property Acquisition  from Blankenships    Ryes  PETES  a  ISRINM  nu  CKesmIGARo  guung  dowv istaun  Amaranth,Tal    001 049,  3Q  8 HO1 041  003R  120 010A  120    RESOLUTION 2024-04  Property Acquisition from Bobby L. Blankenship and Dianne S. Blankenship WHEREAS, the City of Hoschton (the "City") has a desire to continue its efforts to provide parks and recreational opportunities to the citizens oft the City and surrounding areas; and WHEREAS, the City has identified a tract of real property owned by Bobby L. Blankenship and Dianne S. Blankenship, as more particularly described in the attached Real Estate Purchase and Sale Agreement, First Amendment to Real Estate Purchase and Sale Agreement, and Second Amendment to Real Estate Purchase and Sale Agreement (hereinafter collectively WHEREAS, the real property described in the Agreement is hereinafter referred to as "the  referred to as "the. Agreement'); and  Property," and  WHEREAS, the governing body for the City desires to purchase the Property.  NOW, THEREFORE, BE IT RESOLVED THAT the governing body for the City does hereby adopt the Agreement and does hereby authorize the purchase of the Property and directs the Mayor, the City Manager and the City Attorney to execute all such documents that may be necessary to complete the closing of the purchase oft the Property pursuant to the Agreement.  Adopted this  day of  2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk of the City of Hoschton. As such, I keep its official records, including its minutes. In that capacity, my signature below certifies this resolution was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Kidd-Harrison, City Clerk  4891-57332127,V.2  Page 1 of1    STATE OF GEORGIA COUNTY OF JACKSON  REAL ESTATE PURCHASE AND SALE AGREEMENT  This Real Estate Purchase and Sale Agreement (this "Agreement") is made and entered into by and between Bobby L. Blankenship and Dianne S. Blankenship (collectively the' "Seller"), and The City of Hoschton, Georgia (the Purchaser"); WHEREAS, Seller is the owner of that certain parcel of real property '( located in Jackson County, Georgia, being tax parcel numbers: (1) H01 050A; (2) HO1 049; and (3) 120 009A, which properly is more particularly described as set forth in those deeds WHEREAS, Purchaser desires to purchase the Property and Seller desires to NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of whlch is hereby acknowledged, Seller and Purchaser hereby agree as follows: 1.1 Agreement of Purchase and Sale. Purchaser agrees to purchase and the Seller agrees to sell, subject to the terms and conditions set forth in this Agreement, the 1.2 Purchase Price. The purchase price to be paid by the Purchaser to the Seller for the Property shall be One Million Two Hundred Thousand and no/100 (1,200,000.00) Dollars (the "Purchase Price") and shall be paid by Purchaser to Seller by payment of $290,000 at closing, with the remaining balance due in equal monthly installments of  attached hereto as Exhibit' "A" (collectively the "Property").  sell the Property pursuant to the terms and conditions of this Agreement;  WITNESSETHE  Property.  $8,000. No interest shall be charged on the purchase price.  1.3 NTENTOMALIYOMITTED, alli inspections set forth below.  1.4 Purchaser's obligations are contingent upon satisfactory completion of any and 1.5 Effective Date. The parties hereto agree that for all purposes of this Agreement, the Effective Date of this Agreement shall be the date that this Agreement is executed 1.6 Inspection Period, Purchaser, at Purchaser's sole cost and expense shall have the right to conduct an inspection of the Property for a period from the effective date, through and including that date which is ninety (90) days after the Effective Date (the  by Purchaser.    "Inspection Period"). The inspection may include economic, engineering, financing, environmental, regulatory and any other factor relating to Purchaser's use of the Property. During the Inspection Period, and thereafter if Purchaser does not terminate this Agreement, Seller shall give Purchaser and Purchaser's agent and representatives reasonable access to the Property during normal business hours for purposes of inspecting and conducting such tests as are reasonable and necessary for Purchaser to determine if the Property is satisfactory for Purchaser's intended use In the event that Purchaser's inspection during the Inspection Period reveals issues which lead Purchaser to desire to conduct Phase Il testing, then Purchaser shall have the right to extend the Inspection Period for an additional ninety (90) days. Purchaser shall ensure that: (a) ail of its affiliates, employees, advisors, contractors, representatives or agents Representatives? who enter the Property shall have adequate, commercially reasonable insurance; (b) no liens shall be placed on the Property or levied against Seller as a result of Purchaser's inspection; and (c) the Property is restored to the same or similar condition as existed prior to any entry. Purchaser expressly agrees that the results of any environmental investigation, review, sampling or analyses obtained by Purchaser in the course of or in connection with the inspections conducted hereunder shall remain confidential to Purchaser and its Representatives through the date of Closing and shall not be disclosed to Seller, the Georgia Environmental Protection Division, any other governmental entity or to any other third parties prlor to Closing. These confidentiality obligations shall survive the Purchaser shall indemnify, hold harmless from and defend Seller, and his agents, affiliates, successors and assigns, from and against any and all liabilities, claims, causes of action, damages, losses, penalties, forfeitures, suits, costs and expenses (including without limitation, investigation costs, costs of defense, settlement and reasanable attorneys' fees) incurred or arising in connection with Purchaser's or any Representative's breach of the confidentiality and other obligations set forth in this Contract, entry onto the Property or enforcement of this indemnity. All Indemnification obligations contained herein shall survive the Closing and any termination of this  termination of this Contract.  Contract.  "ASIS"PURCHASE  To the maximum extent permitted by applicable law and except for Seller's representations and warranties specifiçally set forth above ("Seller's Warranties"), the transactions contemplated by this Contract are made and will be made without representation, covenant, or warranty of any kind (whether express, implied, or, to the maximum extent permitted by applicable law, statutory) by Seller, As a material part of the consideration for this Contract, Purchaser agrees to accept the Properly on an "AS    IS" and WHERE IS" basis, with all faults and any and all latent and patent defects, and without any representatton or warranty, all of which Seller hereby disclaims, except for Seller's Warranties. Except for Seller's Warranties, no warranty or representation is made by Seller as to (a) fitness for any particular purpose, (b) merchantability, (c) design, (d) quality, (e) condition, () operation or income, (g) compliance with drawings or specifications, (h) absence of defects, () absence of hazardous or toxic substances, G)a absence of faults, (k) flooding, or () compliance with laws and regulations including, without limitation, those relating to health, safety, and the environment. Purchaser acknowledges that Purchaser has entered into this Contract with the intention ofr making and relying upon its oWII investigation of the physical, environmental, economic use, compliance, and legal condition of the Praperty and that Purchaser is not now relying, and will not later rely, upon any representations and warranties made by Seller, respectively, or anyone acting or claiming to act, by, through or under or on Seller's From and after the date of Closing, Purchaser, for itself and its Representatives, successors-n-title, successors and assigns, hereby releases, indemnifies, holds harmless and forever discharges Seller and his agents, affiliates, successors and assigns (collectively the "releasees") from any and all rights, claims and demands, damages and losses at law or in equity, whether known or unknown at the time of this Contract, which Purchaser has or may have in the future, arising out of the physical, environmental, economic or legal condition of the Property, including, without limitation, all claims in tort or contract and any claim for indemnification or contribution arising under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601, et seq.) or any similar federal, state or local statute, rule or 1.7 Right of Termination. If Purchaser discovers any matter during the Inspection Period that is unacceptable to Purchaser for any reason, in Purchaser's sole discretion, Purchaser may terminate this Agreement by giving Seller written notice thereof (the Termination Notice") at any time prior to the expiration of the Inspection Period. If Purchaser fails to timely give the Termination Notice prior to the expiration of the Inspection Period, upon expiration of the Inspection Period, Purchaser shall be deemed to have waived its rights to terminate this Agreement If the Purchaser provides the Termination Notice prior to the expiration of the Inspection Period, the parties shall have no further right or obligation hereunder; provided however, Purchaser shall be obligated to comply with its restoration and indemnification obligations set forth in this Section. 1.8 Seller's Documentation, Delivery Not later than 5:00 P.M., on the seventh (7h) day after the Effective Date, Seller shall deliver to Purchaser and Purchaser's attorney any and all such documents concerning the title and condition of the Property as are known to Seller, including but not limited to all deeds, plats, surveys, maps, drawings, plats, title insurance policies, title reports, environmental reports, soils analysis, engineering reports, appraisals, tax bills, tax assessment notices, declaratlons of covenants or conditions in effect on the Property, any permits applicable to the Property, and the reports of any other kind or nature. Seller will additionally deliver a full  behalf concerning the Property, except for Seller's Warranties.  regulation and any and all matters affecting the Property.  Time is oft the essence in regard to termination as set forth herein.    copy of any and all current leases, together with any amendments or extensions thereof, and rent roles for the property. Purchaser may provide a list of additional requested documentation to Seller and Seller agrees to deliver all such available documents within seven (7) days. The information, other than matters of public record orn matters generally known to the public, furnished to, or obtained through inspection of the Property by, Purchaser, its affiliates, lenders, employees, attorneys, accountants and other professionals or agents relating to the Properly, will be treated by Purchaser, its affiliates, lenders, employees, agents, and current and prospective investors as 1,9 Condition of Properly. Seller represents that at the closing any and all improvements located thereon will be in the same condition as they are on the Effective Date of this Agreement. Seller shall convey title to the Properly to Purchaser via 1.10 Permitted Exceptions. Title to the Property shall be free and clear of liens and encumbrances, except for: () zoning: (i) current year's and future ad valorem taxes and assessments affecting the Property which are not yet due and payable; (ii) any liens, encumbrances or other title exceptions approved or waived by Purchaser as provided in 1.11 Title Examination. Purchaser will complete its examination of the title to the Properly during the Inspection Period, As part of this examination, Purchaser will obtain, and Purchaser will pay for at closing, a title insurance certificate and commilment showing Seller's title to the Property to be marketable in fact. Purchaser shall notify Seller in writing of any objections or defects to the title. f Purchaser delivers notice of any such objections or defects, then Seller, within ten (10) days after receipt of such notice, shall either elect: (i) not to cure any such defects or (i) to promptly altempt too cure any such defects before Closing. Seller's failure to send written notice to Purchaser within such ten (10) day period electing to either not cure or attempt to cure such defects shall be deemed an election by Seller not to cure such defects, If Seller refuses to cure such defects, then, no later than ten (10) days after receipt of Seller's notice refusing to cure, or the deemed refusal to cure, Purchaser shall elect as its sole remedy to either: () terminate this Agreement by giving written notice thereof to Seller, inw which event: (a) this Agreement shall thereupon be of no further force and effect; (b) no party hereto shall have any further rights, duties or obligations hereunder; and (c) Seller shall return the balance of the Earnest Money to Purchaser; or () accept the title tot the Properly subject to the defects without adjustment to the Purchase Price and proceed to Closing as set forth herein. At closing, the Purchaser is to pay all premiums necessary to convert the title insurance commitment to a Purchaser's title insurance 1.12 Survey. Purchaser may obtain at its expense, as soon as practical after the Effective Date, an ALTAIACSM Survey according to Purchaser's specifications, complete with utilities, and showing the Property and the total acreage to the nearest 1/100th acre. Purchaser shall notify Seller in writing of any objections or defects to the Property revealed by the Survey. If Purchaser delivers notice of any such objections or defects, then Seller, within ten (10) days after receipt of such notice, shall either elect:  confidential.  general warranty deed.  Section 1,11.  policy in the full amount of the purchase price.    () not to cure any, such defects or (i) to promptly attempt to cure any such defects before Closing. Seller's failure to send written notice to Purchaser within such ten (10) day periad electing to either not cure or attempt to cure such defects shall be deemed an election by Seller not to cure such defects. If Seller refuses to cure such defects Purchaser shall elect as its sole remedy to either: () terminate this Contract by giving written notice thereof to Seller, in which event no party hereto shall have any further rights, duties or obligations hereunder; or (i) accept the survey to the Property subject to the defects without adjustment to the Purchase Price and proceed to Closing as set  forth herein,  1.13 INTENTIONALLY OMITTED  1.14 Utilities. Purchaser shall confirm the availability of any and all utilities servicing the Property, including, without limitation, public water, sanitary sewer, storm sewer, electric, natural gas, and telephone and that each such utility service has sufficient 1.15 Existing Leases. Seller will not amend, modify, extend, alter or terminate any existing lease, contract or agreement affecting the Property, or enter into any new lease, contract or agreement affecting the Property during the term of this Agreement. Notwithstanding: this prohibition, Seller will be permitted to extend any expired or 1.16 Flood Determination. Purchaser shall confirm that the Properly is not within the  capacity to serve the intended use by Purchaser.  expiring lease on a month-to-month basis. 100-year flood plain as established by FEMA. 1.17 INTENTIONALLY OMITTED the Inspection Period.  1.18 Closing Date. Closing shall be on or before thirly (30) days following the end of 1.19 Closing Location. Closing shall take place at Hulsey, Oliver & Mahar, LLP or at 1.20 Title. There shall be çonveyed at closing, good and marketable, fee simple title tot the Property by general warranty deed. Good and marketable fee simple title is hereby defined as title which is insurable by First American Title Insurance Company at its standard rates on an ALTA Owner's Policy. The Property shall be described 1.21 Seller's Obligations at Closing. At Closing, Seller, at its sole cost and expense, a) Generai Warranty Deed in recordable form conveying good, marketable and  such other location as chosen by Purchaser.  according to survey obtained pursuant to Section 1.12 above.  shall deliver to the Purchaser the following: insurable title to the Property; b) Al Non-Foreign Affidavit;    c) Seller's Affidavit acceptable to Purchaser's title nsurance company; d) Affidavit allowing Purchaser to properly comply with 1099 reporting requirements; e) Certification that there are no existing leases encumbering all or any portion of f) Written confirmation that any and all management and service contracts have been terminated, or assigned to Purchaser, at Purchaser's sole election; 9) An executed closing statement (the "Closing Statement") setting forth in reasonable detail the financial transaction contemplated by this Agreement, including without limitation the Purchase Price, all prorations, the allocation of costs specified herein, and the source, application and disbursement of all funds. Purchaser shall be 1.22 Purchaser's Obligations at Closing. At Closing, Purchaser, at its sole cost and a) Immediately available funds payable to the Seller representing the cash portion oft the Purchase Price, prorations and other items reflected on the closing statements; b) Such documents as are reasonably required to fully authorize the purchase of the Property by Purchaser and execution of all Closing documents; 1.23 Costs. Purchaser shall pay all costs and fees related to any title policy, title commitment, survey, appraisal, environmental audits and the recording of the deed. Seller shall pay any real estate transfer tax associated with the conveyance that may be imposed on the transaction, Seller and Purchaser shall pay the fees of their own attorneys for services related to the preparation and negotiation of this Agreement 1.24 Prorations Ad valorem taxes on the Properly for the year of closing shall be prorated at Closing, effective as of the Closing Date, based on actual amounts, if known, and if not, then on the best available estimates thereof, Provided that Seller receives the Purchase Price, the date of closing will be attributable to Purchaser, If tax assessments for the Property for the current year are unavailable as of the Closing Date, said ad valorem taxes shall be prorated or adjusted based upon the immediately preceding tax year figures. The parties shall cooperate to transfer all utility services to the Property, effective as of the Closing Date; provided, hawever, Seller will be responsible for all charges applicable to the period prior to the Closing Date, and Purchaser shall be responsible for all charges applicable to the period from and after the Closing Date. All taxes, assessments and charges due and payable with respect to the Property after Closing shall be the responsibility of Purchaser. The provisions of this Article shall survive closing. Additionally, any and all rents and other operating 1.25 General Obligations of Purchaser and Seller. At Closing the Seller and Purchaser shall cause to be delivered such other instruments and documents as may be reasonable, necessary and appropriate to complete the Closing of this transaction.  the Property;  responsible for preparing the Closing Statement. expense, shall deliver to Seller the following:  c) The Closing Statement.  and the purchase and sale of the Property.  expenses, if any, will be pro-rated at closing.    1.26 Possession. Seller agrees to deliver possession of the Property to Purchaser on the Closing Date and after consummation and funding of the transaction described 1.27 Defaull by Purchaser. If Purchaser fails to perform any of its obligations under this Agreement for any reason other than Seller's default or the permitted termination of this Agreement by either Seller or Purchaser as hereln expressly provided, Seller shall be entitled, as its sole remedy, to terminate this Agreement and receive the Earnest Money deposited by Purchaser as liquidated damages for the breach of this Agreement, itbeing agreed between the parties that the actual damages to Seller in the event of such breach are impractical to ascertain and the amount of the Earnest Money is a 1.28 Defauit by Seller. In the event that Seller fails to perform any of its oblIgations under this Agreement for any reason other than Purchaser's default or the permitted termination of this Agreement by Seller or Purchaser as herein expressly provided, Purchaser shall be entitled, as its sole remedy to seek to enforce specific performance of Seller's obligation to do all things reasonably necessary to execute the documents required by this Agreement and to convey title to the Property to Purchaser, Purchaser shall be deemed to have elected to terminate this Agreement if Purchaser fails to file suit for specific performance against Seller on or before thirty (30) days following the 1.29 Condemnation. If, at any time prior to the Closing, any action or proceeding is filed or threatened under which the Properly, or any portion thereof, may be taken pursuant to condemnation, then, at the option of Purchaser: (a) this Agreement shall terminate and the balance of the Earnest Money shall immediately be returned to Purchaser, and no party hereto shall have any further rights, liabilities or obligations hereunder; or (b) this Agreement shall remain in fuil force and effect, and Seller, at the time of closing hereunder, shall transfer and assign to Purchaser all of Seller's right, title and interest in and to any proceeds received or which may be received by reason of such taking, or a sale in lieu thereof, said option to be exercisable by Purchaser by delivering to Seller written notice of such exercise on or before the fifteenth (15th) day following the date on which Purchaser receives from Seller written notice that such suit has been filed or is threatened, but in no event later than the date of closing hereunder. IfF Purchaser fails to exercise sald option within said fifteen (15)-day period, then Purchaser shall be deemed to have elected the alternative set forth in subsection (a) 1.30 Commissions, Purchaser and Seller each warrant and represent to the other that such parly has not employed a real estate broker or agent in connection with the transaction contemplated hereby. Each parly agrees to indemnify and hold the other harmless from any loss or cost suffered or incurred by it as a result of the other's representation herein being untrue, This provision shall survive the Closing or any  herein.  reasonable estimate thereof.  date upon which Closing was to have occurred,  above,  termination of this Agreement.    1.31 Assignment. Neither parly may assign this Agreement without the prior written consent of the other. Any such prohibited assignment shall be void. Notwithstanding the foregoing Purchaser shall entitled to assign the rights of Purchaser to another entity controlled by the same owners created for the purpose of this transaction, 1.32 Entire Agreement. This Agreement embodies the entire. agreement of the parties hereto and can be modifled or varied only by a written instrument subscribed to by all  parties hereto.  1.33 Time of Essence. Time is of the essence of this Agreement.  1.34 Notices. Any notice, request, demand, instruction, or other communication to be given to either party hereunder, except those required to be delivered at Closing, shall be in writing, and shall be deemed to be delivered upon receipt, if hand delivered or delivered by overnight delivery service, or upon deposit in certifled mail, return receipt  requested, addressed as follows:  Iftot the City:  City of Hoschton Attention: Jennifer Harrison 79 City Square Hoschton, GA 30548 Phone 706-654-3034 Emall: Adediypliochen.em Hulsey, Oliver and Mahar, LLP Attention: Abbott S. Hayes, Jr. 200E. E. Butler Parkway Gainesville, GA 30501 Phone: 770-532-6312 Email: ash@homlaw.com Bobby P. and Dlanne S. Blankenship 140 Mulberry Street Hoschton, GA 30542  With a copy to:  Ifto Seller:  1.35 Change of Address. The addresses and addressees for the purpose of this Article may be changed by either party by giving notice of such change to the other  party in the manner provided for giving notice.    1.36 Captions. The captions used in connection with the paragraphs of this Agreement are for convenience only and shall not be deemed to construe or limit the meaning of the language contained in this Agreement, or be used as interpreling the 1.37 Severability, In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable In any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and thls Agreement shall be construed as ifs such invalid, illegal, or unenforceable 1.38 Responsibility to Cooperate. All parties agree to take all actions and do all things reasonably necessary to fulfill the terms and conditions of this Agreement in good faith and in a timely manner. Purchaser and Seller shall execute and deliver such certifications, affidavits, and statements as are required at closing to meet the 1.39 Construction. The parties acknowledge that their attorneys have reviewed and negotiated the provisions of this Agreement; therefore, the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 1.40 Governing Law. This Agreement shall be construed and Interpreted under the laws of the State of Georgia, without regard to any conflicts of law doctrine of such 1.41 Counterparls. This Agreement may be executed in any number of counterparts 1.42 Special Stipulations. The following Special Stipulations, if conflicting with any exhibit, addendum or preceding paragraph (including changes thereto made by the A. Seller shall retain a life estate as to that portion of the Property that Includes the house in which Seller resides, as well as a reasonable portion of the Property surrounding said house, which portion of the Properly is shown approximately as that outlined in red in the attached Exhibit "B." During the Inspection Period, the parties hereto shall work together to survey that portion of the Property to be retained as a life estate, and said survey shall be done IN WITNESS WHEREOF, this instrument has been executed in multiple copies of the dates set forth below, and each executed copy shall be deemed an original for all  meanings and provisions hereof.  provision had never been contained herein.  requirements of any lender(s) and of federal and state law.  state,  which together shall constitute the Agreement of the parties.  parties), shall control:  at the expense of the Purchaser,  purposes. Purchaser:    CITY OF HOSCHTON  By:. Allost  hn dn damesLawson, Acting Mayor lh  Date: 16/90/25  OM SBAL)  CITY SEAL Approved as tot form:  Abbott S. Hayes, Jr., Cily Attorney  Seller:  Date: 0-PErRt Date: Dehbaczs, 202-3  Dienne Blankenship ASHAW286785 4094-4023-2319,V.2  f    38CCCA.arg- mnigol Index  MpshorolapoowoghalgprMisViwmr.mpaH-554.  DN DoisCD ucarded 12414 I:SAM W thoras ClukipalorCau, SAGNSONCa, 0h mLAA9AW 470  ARp AMAELAIPAMMAAYALP POBDX3IP INMOMMOA JOHE NINHA 16A14 BATEC on GLORGIA COUNIVOFTATLOW,  QUMYCLAIM) pRRD  AB INDBNKURY; Atado Ihl 6Lws L. haks Lanyaen) nojy 1: MLANHNALUY, ofJackion Caunly. drol PAIY0 Ofilolmgan ohalaro gillvd' Jionfol", snd noDx) X MTANICENAUP pnd DTANNIP PYANIGKNUITP, ofJackou CouAy, Jaorla, pallos oftha spoond pAl, herolafer calltl' OIMlesy" (ho waidy Unuty!" air" Qjantca" (o Inoludo, thole toiposilyololrs,t SSOSAIDIA AndaslpIAy whorothod conlextrequin orpamlu). 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THOAgOIy,LLO A7FIS Sltool loschion, GA 30540, 708-860-2301 AEOIDIAT TAWIAFEAT TAK  OAIE 2:3/93 STATBOFOEORGIA MECAPNIG CLEAKOFC COURI COUNTYUPJACKHON JACKSONGU,OA WADRANTYDHUD TN MNp dDliesd. aratoruid alintiplaoigaal, WINISBUTH asuspufhammefhaat 4, rul, bugah, OR PARCIL OPA LAND LYTNO ANDI OMD, No. 107, AHD pung PARYU HnoR, SUDJHCTT TOe esA/0en44, tod bu, bNeNfs DAyMLe ipniilaln PSOMPLI, HXBCVTWDDdar (badatorbow, Rigard, alidaaiwlvand4, prtrevann Inetlylany Amyilany Al WA.tinyia Vlo CoimplslonDapke (NOTANIALSBAL) Alersscondlag, ehanslor Moigenittraat Hate,LC 7PiuBeva) Hoichtoq0A10348  N3D. dayeroalobes, 200Jb balwico GARY OLKEON PROVIRTIS,  G, O:oigla Luhed thbly oNyAy claftr collectyay ahred 6 a Cnlan) sl! obcit 1. the od fkkny wharer uo! harly, aswlidgud, hAE panles bupladd, vok, alkard, tonveyd and 111 VILLAGB AT HOSCHION EUDDIVISION) MIDCH' OUr PARCI" 1s AAPLICID ON TIN PLATO OP AIMDIVBIONI POR nm VILAOR ATH HOSCHTONE RECORDBDI INZ PLAYY nooK 61, PAON 1451 TAEKBON COUNTY, GHOROIA HBCORDS, WCNE RBCORDBD PLATI N DY TIUS REPBNUINCBI INCOIPONTID TUIAVIA AND1 701 JOUDD th lant, wih lad Agulri pu-ww AND GAMOR WILLWAMIANT! aad fpaverd delodu thorightsad Milotot thol Landu ualo Canie sgalal  ea: GnAva") Arcvtres, shnlalihetnts, Iglipietifvnl whalawaimnin Gisakel cny OF HOSCITON, CHURKIA,  AB7 mm our VARCIE ADIACIONNY TOLOTS 14 AND 150P  BOLHOMPNOPRITMN,Ue  TK PREIdNE  TAA louG  1:'1  lofl  9/15/2023, 8:13 AM    qPublic.net Jackson County, GA  Overview  Legend Parcels Citylabels Roads  0ODO 062  ParcelID H01049 Class Code Residential Taxing! District HOSCHTON Acres 7.17 -- Dalecreated: 10/13/2023 LastDataUploaded: 10/12202360243PM CASehele.  Owner  BLANKENSHIPBODBODBYLEDIANNE Last2Salos POBOX213 HOSCHTON.GA3050213  Date Price Reason Qual 10/6/2016 0 QC U nia 0 IVa nla  PhysicalAddress 140MULBERRYSTREET Assessedy Value Valuo$307620  to be feserved for  Subject Proparhy  their use 1s octlardin Red. Approxinatily  3.72  acies.  Exha.? B    STATE OF GEORGIA COUNTY OF JACKSON  FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT This First Amendment to Real Estate Purchase and Sale Agreement ("First Amendment) is made and entered into by and between Bobby L. Blankenship and Dianne S. Blankenship (collectively the "Seller"), and The City of Hoschton, Georgia WHEREAS, Seller and Purchase entered Into a Real Estate Purchase and Sale WHEREAS, the Property was defined in the Agreement as including that certain real property located in Jackson County, Georgia, being tax parcel numbers: (1) H01 050A; (2) HO1 049; and (3) 120 009A, which properly is more particularly described as set forth In those deeds attached to the Agreement as Exhibit "A;" and WHEREAS, Purchaser and Seller desire to expand the definition of the Property to include Jackson County, Georgia tax parcel number 120 009B, which property Is more particularly described as set forth in those deeds attached to the Agreement as  (the' "Purchaser);  Agreement with an Effective Date of October 30, 2023 ("Agreement");  Exhibit"A."  WITNESSETH:  NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree as follows: The Property, as that term is defined in the Agreement, Is hereby expanded to include Jackson County, Georgia tax parcel number 120 009B, which property is more particularly described as set forth in those deeds attached to the Agreement as Exhibit  "A."    IN WITNESS WHEREOF, this instrument has been executed in multiple copies of the dates set forth below, and each executed copy shall be deemed an original for all  purposes. Purchaser: CITY OF HOSCHTON  SEAL f  By: Attests  fan daa James Lawson, Acting Mayor alls  Date: 1123  City Clerk  CIWYSEAL  Apprpyeda  Abbott S. Hayes, Jr., City Attorney 73  Seller:  AAKp D3Blayale  Date: 113.23 Date: Nbv.3,2623  Bobby L.E Blankenship Dianne S. Blankenship 4860-0278-7726,V.2    STATE OF GEORGIA COUNTY OF JACKSON  SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE. AGREEMENT This Second Amendment to Real Estate Purchase and Sale Agreement ("Second. Amendment") is made and entered into by and between Bobby L. Blankenship and Dianne S. Blankenship (collectively the "Seller"), and The City of Hoschton, Georgia WHEREAS, Seller and Purchase entered into a Real Estate Purchase and Sale Agreement with an Effective Date of October 30, 2023, and a First Amendment to Real Estate Purchase and Sale Agreement dated November 3, 2023, by Seller and WHEREAS, Purchaser and Seller desire to clarify the definition of the Properly, as well as the definltion of the life estate to be retained by Seller, as set forth herein; WHEREAS, Purchaser and Seller wish to extend the Inspection Period, as that  (the. Purchaser");  November 7, 2023, by Purchaser ("Agreemen!');  and  term is defined in the Agreement.  WITNESSETH:  NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree as follows: The Property," as that term is defined in the Agreement, is hereby defined to include that 17.109 acres of real property shown as Tract 1 and Tract 2 on that plat of survey for Seller dated January 9, 2024, prepared by Warren S. Wood, Georgia Registered Land Survey No, 2849, a true and correct copy of which is attached hereto Special Stipulation 1.42(A) of the Agreement is hereby amended by striking it in its entirety and replacing it with the following: "Seller shall retain a life estate to that 3.733 acres of real property shown as Tract 1 on that plat attached hereto as Exhibit The "Inspection Period," as that term is defined in the Agreement, is hereby  as Exhibit "C."  "C."  defined to include that period of time through February 21,-2023: 2024.    IN WITNESS WHEREOF, this instrument has been executed in multiple copies of the dates set forth below, and each executed copy shall be deemed an original for all  purposes, Purchaser: CITY OF HOSCHTON By: S  Dobbje Martin, Mayor  Attest. Cilyo CITY'SEAL  "  Date: Mpal  RCHTON SEAL   Abbott S. Hayes, Jr., City Attorney A45  hy  Seller:  Date: R  Diann Dianne S. Blankenship 4862-1935-5806,V.3  Date:  Dlaahpslap  Ciyga    NOINDSOH do ALI3 JHL a600 aer NvGaar nzE vose rou' 'spo FOHS13ONVA  RIOISIAN  I  er    NEW BUSINESS  ITEM #4  Resolution 2024-05: South Water Tank  Construction Contract    RESOLUTION NUMBER 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOSCHTON, GEORGIA AWARDING THE CONSTRUCTION CONTRACT FOR' THE SOUTH WATER STORAGE TANK PROJECT ARC GRANT NUMBER GA-21051 SAID RESOLUTION ALSO AUTHORIZES THE MAYOR AND CLERK TOI EXECUTE APPROPRIATE DOCUMENTS FOR IMPLEMENTATION OF THE PROJECT  WHEREAS, the City of Hoschton, Georgia has planned a project for improvements to its water WHEREAS, the City ofHoschton, Georgia has authorized their Engineers to prepare detailed WHEREAS, the City has applied for and received project funding assistance from the Appalachian  supply system consisting of a new elevated water storage tank; and  plans and specifications for the project; and  Regional Commission ; and  WHEREAS, all required rights and permits have been secured for the project; and WHEREAS, plans and specifications were prepared for the project; and WHEREAS, the project was appropriately advertised for bids; and WHEREAS, bids were duly opened by the City on January 10, 2024; and WHEREAS, the Consulting Engineers have evaluated all bids received; and  WHEREAS, said plans were approved by the Georgia Environmental Protection Division; and  WHEREAS, an appropriate review of the bids indicates that the most qualified firm and the best bid for the project ist that of Phoenix Fabricators and Erectors, LLC of Avon, Indiana for the alternative 750,000 Gallon Tank, int the amount ofThree Million, Fifteen Thousand, Nine Hundred Six and 0/100  Dollars ($3,015,906.00).  NOW THEREFORE be it resolved by the City Council oft the City ofHoschton to award the Water Storage Improvement Project to Phoenix Fabricators and Erectors, LLC of Avon, Indiana in the amount ofThree Million, Fifteen Thousand, Nine Hundred Six and 0/100 Dollars ($3,015,906.00).  BE IT FURTHER RESOLVED to authorize the Honorable Debbie Martin, Mayor, and City Manager/Clerk, Jennifer Kidd-Harrison, to execute the construction contracts and other appropriate  documents on behalfofthe City.  THIS RESOLUTION READ AND PASSED BY. A QUORUM OF THE CITY COUNCIL OF  THE CITY OF HOSCHTON, GEORGIA, ON THE HAS NOT BEEN RESCINDED IN ANY WAY.  DAY OF  2024 AND  By:  By:  Debbie Martin, Mayor  Jennifer Kidd- Harrison City Manager/ Clerk  (Seal)  22017BP4    ENGINEERING MANAGEMENT Experlence . Trust a Solutions  EM  January 29, 2024 Honorable Debbie Martin, Mayor City of Hoschton City Hall, 61 City Square Hoschton, Georgia 30548 Number GA21051 Dear Mayor Martin:  Civil and Environmental. Engineers  Re: Report on Bids Received, City of Hoschton South Water Storge tank, ARC Project  Following completion of plans and permitting for the subject project, the City duly advertised construction bids fort the required four weeks. Theproject was posted locally, on thel EMI website, and the project was advertised in the Georgia Procurement Registry. Direct invitations for bids Bids were officially opened at City Hall on January 10, 2024, at 2:00 PM. The City received two valid bids from qualified contracting firms. The City received bids for a I million gallon elevated water storage tank and several alternatives, as shown on the attached certified bid tabulation. We have reviewed the bids as prepared by the Contractors, and they are qualified, have adequate references and were responsive. Typically, wel have received three or less bids for this size tank in The lowest responsive responsible bidder for the 1 Million gallon tank is that of Phoenix Fabricators and Erectors, LLC of Avon Indianna, in the amount of $3,841,831.00. Construction costs for every type of water and sewer utility have accelerated rapidly during the past threey years. Evaluation of alternatives is recommended for this water tank project. We have attached several Thel last project cost estimate for this facility was made on May 17, 2022, with ai total project cost indicated of $3,800,000.00. Considering a $1 million ARC grant the City's local share was The post bid analysis indicated the total project cost, based on the lowest bid price, would be $4,225,000.00. This would require an increase ini the local share of 425.00010.53225.0000 Ini the alternative, the City could consider awarding the contract based on a 750,000 gallon water tank. There is some loss ofs storage, but the City would still have substantial and adequate storage The total project cost for this alternative is $3,349,075, which is $875,925.00 less than the 1  were also sent out to licensed Water Tank Contractors.  Georgia during the past 20 years.  cost comparison documents to this report.  budgeted at $2,800,000.00  for many decades to come. Million gallon tank.  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 . Fax 770.962.8010 . www.eminc.biz Follow us on Linkedin-http://ww.lnkedin.com/companyeny/engineering-management-inc    Honorable Debbie Martin, Mayor City of Hoschton Report on Water tank Bids January 29, 2024 Page Two  The City has numerous other capital improvement projects in the planning stages, and we believe that this alternative will provide adequate water storage for many years and result in substantial Therefore, we recommend that the City consider awarding the Water Tank Contract to Phoenix Fabricators and Erectors, LLC of Avon Indiana for the Alternative 750,000 gallon tank in the amount of three million, fifteen thousand, ninel hundred and six and cpcpoalm(0is90a00, Ift this award recommendation is acceptable to the City, please find enclosed a copy ofa a Notice of Award and a suggested Resolution of Award. Ifs satisfactory to the City, please sign and return the Resolution and Notice of Award to us for inclusion in the Contract Documents. Following that action, the Contractor will be notified, and completion of contract documents may proceed, followed by the scheduling of a preconstruction conference and issuance of a notice to proceed  savings.  with construction.  We sincerely appreciate our association with the City ofHoschton.  Sincerely,  ENGINBERINGMANAGEMENT, INC: Project manager AR767 Enclosures  C:Ms. Jennifer Kidd- Harrison, City Manager kdd@clyoloshoncen Ms. Tiffany Wheeler, Finance Director whecler@cityothoschton.com Mr. Brett Day, Superintendent, Bday(@cltyolhoschton. com Ms. Jen Williams, Assistance City Clerk Wiliams@eityothoschton.com  ZAPROJECTS12212222017-Hoschion-soulhvalertank Bid PhnselBP4-Engrs Recommendation of Award-Budget Amalysialmarinward  reconmend 01262024.docx BP4  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 F Fax770.962.8010 . www.eminc.biz Follow us on Linkedin- ttp:/www.lnkedin.com/company/engineering.management-inc  Engineering Management, Inc.    City of Hoschton  01/12/2024  Elevated Water Storage Improvements South Multi-Columned Water Storage Tank Post Bid Evaluation 750,000 Tank Units QTY Unit Cost Total Cost  Water Tank and. Facilities. 0.75 MG Elevated Tank: 175'1 to o'flow Site Grading and Fencing Telemetry (electrical Panel) 12" Diameter Waterline Fire hydrant Connect to Existing Waterline Erosion Control and NPDES Monitoring Tank Logo & Misc. Miscellaneous TOTAL ESTIMATED CONSTRUCTION COST Project Support Costs: Preliminary Engineering Survey and Design Engineering Water Model Update Permitting EPD Permitting -LDA Permitting -NPDES Erosion Control Plan Bid Phase Management Construction. Observation Land and Acquisisiton Legal and Administration Contingencies TOTAL  ARC  Local  LS 1 LS 1 LS 1 LF 171 EA 1 EA 1 LS 1 LS 1 LS 1  $2,792,849 $2,792,849 $93,610 $15,000 $257 $11,500 $5,000 $9,500 $40,000 $4,500  $93,610 $15,000 $43,947 $11,500 $5,000 $9,500 $40,000 $4,500 $3,015,906 $1,000,000 $9,000 $181,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $75,669 $3,349,075 $1,000,000  $2,015,906 $9,000 $181,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $75,669 $2,349,075  ZPROECI5V2222017 Hoschton South' Water Storage FacilityBid Phase/BP2-Engineer'sEstimate122017Hoschton Water Storage  Improvements post bid budget 750 000 gallon tank 011 12: 2024.xisx  Option 1ARCO costs    Option 1-City of Hoschton Elevated Water Storage Improvements South Multi-Columned Water Storage Tank Probable Cost Estimate Units. QTY Unit Cost Total Cost  05/17/2022  Water Tank and Zoning 1.0 MG Elevated Tank 175' to o'flow Site Grading and Fencing Telemetry 12" Diameter Waterline 12" Gate Valve Connect to Existing Waterline Erosion Control and NPDES Monitoring Tank Logo & Lighting Grassing TOTAL ESTIMATED CONSTRUCTION COST Project Support Costs: Preliminary Engineering Survey and Design Engineering Water Model Update Permitting -EPD Permitting -LDA Permitting NPDES Erosion Control Plan Bid Phase Management Construction Observation Land and Acquisisiton Legal and Administration Contingencies TOTAL  ARCI  Local  LS 1 LS 1 LS 1 LF 100 EA 3 EA 1 LS 1 LS 1 LS 1  $3,100,000 $3,100,000 $30,000 $40,000 $75 $8,000 $6,500 $3,000 $40,000 $1,000  $30,000 $40,000 $7,500 $24,000 $6,500 $3,000 $40,000 $1,000 $3,252,000 $1,000,000 $9,000 $195,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $276,500 $3,800,000 $1,000,000  $2,252,000 $9,000] $195,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $276,500 $2,800,000  ZAPROJECIS2222017 Hoschton South Water Storage FadlilyfundingstagelF54-Preimiary Engr Report/22017 Hoschton Water! Storage  mprovements Cost Estlmate 05172022.KIsx  Optlon 1ARCcosts    City of Hoschton Elevated Water Storage Improvements South Multi-Columned Water Storage Tank Post Bid Evaluation Units QTY: Unit Cost Total Cost  01/12/2024  Water. Tank, and. Façilities 1.0 MG Elevated Tank 175' to o'flow Site Grading and Fencing Telemetry (electrical Panel) 12" Dlameter Waterline Fire hydrant Connect to Existing Waterline Erosion Control and NPDES Monitoring Tank Logo & Misc. Miscellaneous TOTAL ESTIMATED CONSTRUCTION COST Project Support Costs: Preliminary Engineering Survey and Design Engineering Water Model Update Permitting -EPD Permitting -LDA Permitting -NPDES Erosion Control Plan Bid Phase Management Construction Observation Land and Acquisisiton Legal and Administration Contingencies TOTAL  ARC  Local  LS 1 LS 1 LS 1 LF 171 EA 1 EA 1 LS 1 LS 1 LS 1  $3,618,774 $3,618,774 $93,610 $15,000 $257 $11,500 $5,000 $9,500 $40,000 $4,500  $93,610 $15,000 $43,947 $11,500 $5,000 $9,500 $40,000 $4,500 $3,841,831 $1,000,000 $9,000 $231,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $75,669 $4,225,000 $1,000,000  $2,841,831 $9,000 $231,000 $6,500 $3,000 $3,000 $3,000 $2,500 $4,500 $35,000 $10,000 $75,669 $3,225,000  ZAPROJECTSV2220171 Hoschton South Water Storage fadliylidPhase/2tnemerststimatelz 017 Hoschton! Water Storage  Improvements post bid budget 01 122 2024.xlsx  Option 1 ARCcosts    NOTICE OF AWARD City of Hoschton South Elevated Water Storage Tank ARC Grant No: GA-21051  TO: Phoenix Fabricators and Erectors, LLC 182 South County Road 900 E Avon Indiana,46123  Projcct Description  Thes sitc oft thcj proposed work isi in the Cilyo ofHoschton, Gcorgia. They project consists of, buti is not limited Construction of one 750,000 gallon elevated water storage tank, installation of approximately 1711 L.F.of12-inch DIP,1f firehydrant: assembly,444 feet of chain link fencing, 12' wide sliding CONTRACTOR agrees to commence work on or before a date to be specified in a writlen "Nolice to Proceed" oft the OWNER and to fully complete all work associated with this project in a total construction time ofThree Hundred and Sixty (360) consecutive calendar days from the date oft the' "Notice to Proceed" The OWNER has considered the Bid submitled by you for the above-described WORK in response to its You are hereby notified that your Bid has been accepted for the Contract Pricc of $3.015.906.00 for the750,000 Gallon Elevated Water Storage Tank project which is based on the Unit and Lump Sum You are required by the Information for Bidders to executc the Agreement and furnish the required CONTRACTORS Performance and Payment Bonds and Certifiçates ofl Insurance within ten (10) calendar Ifyou fail to execute said Agreement and to furnishs said) Bonds within ten (10) calendar days from the datec of thisl Notice, said OWNER willl be entitled to consider all your rights arising out ofthe OWNER's acceplance You are required to return an acknowledged copy of thisl Notice of Award to the OWNER.  to,t the following major elements:  gate, concrete retaining wall, and associated appurtenances.  from the OWNER.  Advertisement for Bids and has decided to award you the Contract.  Prices shown on the Bid Form (Scction 00300).  days from the date of this Notice.  ofyour Bid as abandoned and as a forfeiture as may be granted by law.  Dated this  day of  2024.  CITY OF HOSCHTON.GEORGIA  OWNER  BY:  Debbie Marlin, Mayor  22-017/03-21  (Notice of Award) 00500-1    ACKNOWLEDGEMENT OF NOTICE Phoenix Fabricators and Erectors, LLC  CONTRACTOR  BY: DATE: TITLE:  END OF SECTION  22-017/03-21  (Notice of Award) 00500-2    3R    NEW BUSINESS  ITEM #5  Resolution 2024-06: Phase 1B Water  Distribution System Improvements Contract    RESOLUTION NUMBER 2024-06 A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF HOSCHTON, GEORGIA AWARDINGTHE CONSTRUCTION CONTRACT FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS, PHASE IB SAID RESOLUTION ALSO AUTHORIZES THE MAYOR AND CLERK TO EXECUTE APPROPRIATE DOCUMENTS FOR IMPLEMENTATION OF THE PROJECT  WHEREAS, the City of Hoschton, Georgia has planned a project for improvements to its water WHEREAS, the City ofHoschton, Georgia has authorized their Engineers to prepare detailed WHEREAS, all required rights and permits have been secured for the project; and WHEREAS, plans and specifications were prepared for the project; and WHEREAS, said plans were approved by all appropriate agencies; and WHEREAS, the project was appropriately advertised for bids; and WHEREAS, bids were duly opened by the City on January 17,2024; and WHEREAS, the Consulting Engineers have evaluated all bids received; and  distribution system, consisting ofr new 12" water mains and appurtenances, and  plans and specifications for the project; and  WHEREAS, an appropriate review oft the bids indicate that the most qualified firm and the best bid for the project is that of Griffin Bros., Inc. of Maysville, Georgia in the amount ofr nine hundred forty-eight  thousand, four hundred thirty-one and 84/100 Dollars ($948,431.84).  NOW THEREFORE bei it resolved by the City Council of the City ofHoschton to award the Water Distribution System Improvements, Phase IB to Griffin Bros., Inc. of Maysville, Georgia in the amount of nine hundred forty-eight thousand, four hundred thirty-one and 84/100 Dollars ($948,431.84). BE IT FURTHER RESOLVED to authorize the Honorable Debbie Martin, Mayor, and City Manager/Clerk, Jennifer Kidd-Harrison to execute the construction contracts and other appropriate  documents on behalf oft the City.  THIS RESOLUTION READ AND PASSED BY A QUORUM OF THE CITY COUNCIL OF  THE CITY OF HOSCHTON, GEORGIA, ON THE. AND HAS NOT BEEN RESCINDED IN ANY WAY.  DAY OF  2024  By:  By:  Ms. Debbie Martin, Mayor  Ms. Jennifer Kidd- Harrison City Clerk  (Seal)  18054/waterlines BP4    ENGINEERING MANAGEMENT Experience . Trust . Solutions  EM  CivilandE Environmental Engineers  January 29, 2024 Honorable Debbie Martin, Mayor City ofHoschton City Hall, 61 City Square Hoschton, Georgia 30548  Re: Report on Bids Received, City of) Hoschton Water Distribution System Improvements  Phase 1B, EMI Project Number 18-054  Dear Mayor Martin:  Following completion of plans and permitting for the subject project, the City duly advertised for construction bids for the required four weeks. The project was posted locally, on EMI's website, and was advertised in the Georgia Procurement Registry. Direct invitations to bids were sent out Bids were duly opened at City Hall on January 17, 2024, at 2:00 PM. The City received seven valid bids from qualified contracting firms, as indicated in the enclosed bid tabulation.  to licensed utility Contractors.  The bids are well within the budgeted funds, as we understand.  We have reviewed the bids as prepared by the Contractors, and they are qualified, have adequate The lowest responsive responsible bidder is that of Griffin Bros., Inc. of Maysville, Georgia with The City and EMI have worked with Griffin Bros., Inc. on past projects, and they have provided quality and professional work. We have reviewed their qualifications and references and all have Based on the detailed review of the bids and contractor qualifications, we see no reason not to Ifthis award recommendation is acceptable to the City, please find enclosed a copy ofal Notice of Award and as suggested Resolution of Award. Ifsatisfactory to the City, please sign and return the Resolution and Notice of Award to us for inclusion in the Contract Documents. Following that action, the Contractor will be notified, and completion of contract documents may proceed, followed by the scheduling of a preconstruction conference and issuance of a notice to proceed  references and were responsive. al low bid price of $948,431.84.  been favorable.  award the contract to Griffin Bros., Inc. in the amount of $948,431.84.  with construction.  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 Fax 770.962.8010 . www.eminc.biz    Honorable Debbie Martin, Mayor January 29, 2024 Page 2of2  Please feel free to contact us at any time should you have questions. We truly appreciate our  association with the City ofHoschton.  Sinçerely,  ENGINEERING MANAGEMENT, ,INC.  88 Greg Bennett, P.E. gbennett@eminc.biz Enclosures  cc: Ms. Jennifer Kidd-Harrison, City Manager Ms. Tiffany Wheeler, Finance Director Ms. Jen Williams, Assistant City Clerk Mr. Brett Day, Public Utilities Director Mr. Jerry Hood, EMI  AVROECISIBIBUSA818054-Hoschon-wy 53 Water Tank Water Lines'Bid Phase'BP4-Engr's Recommendation of Award-Budget  AnalysisiDMartin awardr recommendation Water Sys Imp Ph 1B01-29-24.docx BP4  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 Fax7 770.962.8010 . www.eminc.biz    NOTICE OF AWARD Cityo ofHoschton Water Distribution System Phase 1B  TO: Griffin Brothers, Inc. 103 Griffin Drive Maysville, GA: 30558 (706)677-3549 Project Description following major elements:  The site ofthej proposed worki isi int theo ofHoschton, Georgia. Thej project consists of, buti isi notl limited to, the  Installation ofappronimately3.765LFofl2-inch waterline, 145LFofj jack and bores, abandonment of existing waterlines, reconnection to existing waterlines, meter reconnections, fire hydrants, valves and associated appurtenances.  CONTRACTOR agrees to commence work on or before a date to be specified in a written "Notice to Proceed" oft the OWNER and to fully complete all work associated with this project in a total construction time of One Hundred and Eighty (180) consecutive calendar days from the date ofthe' "Notice to Proceed" The OWNER has considered the Bid submitted by you for the above-described WORK in response to its You are hereby notified that your Bid has been accepted for the Contract Price of $948,431.84 for Water Distribution System Improvements Phase 1B project which is based on the Unit Prices shown on the Bid You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance and Payment Bonds and Certificates ofI Insurance within ten (10) calendar Ifyou fail to execute said Agreement and toi furnish said] Bonds within ten (10) calendar days from the date of this Notice, said OWNER willl be entitled to consider all your rights arising out ofthe OWNER's acceptance You are: required to return an acknowledged copy oft this Notice of Award toi the OWNER.  from the OWNER.  Advertisement for Bids and has decided to award you the Contract.  Form (Section 00300).  days from the date of this Notice.  of your Bid as abandoned and as ai forfeiture as may be granted by law.  Dated this day of  2024.  CITY OF HOSCHTON. GEORGIA  OWNER  BY:  Debbie Martin, Mayor  18-054/01-22  (Notice of Award) 00500-1    ACKNOWLEDGEMENTE OF NOTICE  Griffin Bros.. Inc. CONTRACTOR  BY: DATE: TITLE:  END OF SECTION  18-054/01-22  (Notice of Award) 00500-2            NEW BUSINESS  ITEM #6  Resolution 2024-07: Update to Bank  Account Signers    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-07  AF RESOLUTION AUTHORIZING SIGNERS ON CITY BANK ACCOUNTS  WHEREAS, the City of Hoschton recognizes the need to have multiple officials who are authorized to sign checks and other bank documents int the regular course of business; and  WHEREAS, the City of Hoschton desires to update the authorized signers on all city-owned bank  accounts.  NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Hoschton hereby authorizes Mayor Debbie Martin, Mayor Pro Tem David Brown, and City Manager Jennifer  Harrison to act as signers on all city-owned bank accounts.  SO RESOLVED this 20th day of February, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk of the City of Hoschton. As such, I keep its official records, including its minutes. Ini that capacity, my signature below certifies this resolution was adopted  as stated and will be recorded in the official minutes.  ATTEST:  City Clerk    NEW BUSINESS  ITEM #7  Resolution 2024-08: Right-of-Way Dedication along Peachtree Rd. from KH Twin Lakes, LLC    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)5 502-7228 E-Mail: weiz@bellsouth.net  Growth Management Comprehensive Planning Zoniny & Land Use Regulatlons Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUMI  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Items: Resolutions 24-08, 24-09, 24-10 and 24-11 (Acceptance of Additional Right of Way along Peachtree  Road)  There is a deceleration lane constructed on Peachtree Road at the entrance of Gateway Crossing Parkway, which leads to the new Publix site (under construction). This is also the location where there is a multi-use path crossing of Peachtree Road. Additional right of way is needed for the deceleration lane and for the crossing area. Two resolutions have been prepared, Resolution 24-08 and 24-09, that would if approved formally accept these proposed additional right of way dedications. Upon approval by council, the proposed right of way deeds In addition to the two right of way dedications proposed in Resolution 24-08 and Resolution 24- 09 (prepared and part of the agenda package), there are additional right of way dedications proposed on the west side of Peachtree Road between Alma Farms subdivision and SR53 (see attached graphic). Southeastern, the group working on the Kroger property assemblage, isi in the process of dedicating additional right of way to the Georgia Department of Transportation and is required to provide additional right of way to the city to accomplish the intersection improvement proposed at State Route 53, Peachtree Road, and the proposed Peachtree Road Extension. There are two resolutions proposed (24-10 and 24-11) because there are two different property owners (Hog Mountain Properties and DCH Montebello LLC) along the road segment, from which right of way is needed. Southeastern has arranged for these property owners to agree to dedicate the additional right of way at no cost to the city. Staff recommends approval of these resolutions. The city attorney will have final review authority over the form and content oft the deeds of dedication. The property descriptions are in for the dedications on the west side of Peachtree Road are in the process of being prepared by the land surveyor for Southeastern. Staff considered it appropriate to request these other right of way dedications be added to the February 8th agenda, because there were already other dedication resolutions on the agenda and because Southeastern desires that the acceptance of  will be authorized to be recorded.  the right of ways by the city be expedited.  1    Memo, Dedication Resolutions, February gth City Council Work Session agenda items  AI-RRANE .A437597 POP-XCAReRA  2  GRADING EASEMENTS BY PROPERTY OWNERS OWNCNE IaTN IFEEI ICPPST vowr..8  AINEAWEMOPAANT  AREAISF 2P1A 121P a  DIMENSIONED R/W AREAS  ORAPHICSCALE  A  B  Right of Way Dedication Exhibit for R-24-10 and R-24-11)  2    MMXOMINY  UEVARI  LAKES  GATEWAY CROSSING SHOPPING CENTER HOSCHTON, JACKSON COUNTY,GA GATEWAY CROSSING FOR: GAINESVILLE, GA30501  DULUTH.G 371DONAVLLEST 30096 PHONE: 404-567-5701 FAX 404-567-5703  BDG AFORESITE GROUP COMPANY  HOSCHTON, LLC    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-08  ARESOLUTION. ACCEPTING FROM KH TWIN LAKES, LLC, THE DEDICATION OF 0.027 ACRE OF WHEREAS, KH Twin Lakes, LLC is the owner of property on the south side of Peachtree Road; and WHEREAS, the owner desires to dedicate 0.027 acre ofl land tot the City of Hoschton for additional right WHEREAS, the owner has prepared and submitted a right of way deed for purposes of conveying the  RIGHT OF WAY ALONG THE SOUTH! SIDE OF PEACHTREE ROAD  of way for Peachtree Road; and  land to the city;  Now, therefore, IT IS RESOLVED by the City Council of Hoschton as follows:  Section 1. Section 2.  The right of way, described by metes and bounds in Exhibit A of this resolution, is hereby accepted. The city attorney is authorized to record the right of way deed transferring ownership of the subject  property to be dedicated to the city.  SO RESOLVED this 20th day of February, 2024.  Debbie Martin, Mayor  This is to certify that lam City Clerk of the City of Hoschton. As such, Ik keepi its official records, including its minutes. In that capacity, my signature below certifies this resolution was adopted as stated and will  be recorded in the official minutes.  ATTEST:  City Clerk  APPROVED ASTO FORM:  Abbott S. Hayes, Jr., City Attorney    Resolution 2024-08 Peachtree Road Right of Way Dedication  EXHIBIT "A" LEGAL DESCRIPTION  Legal Description: KH Twin Lakes, LLC-F Right-of-Way Dedication  All that tract or parcel of land lying and beingi in G.M.D. 1407, City of Hoschton, Jackson County, Georgia Beginning ati the intersection of the southeastern right-of-way of Peachtree Road, a.k.a. Hog Mountain Road (R/W varies) and the southwestern right-of-way of State Route 53 (100' R/W); thence along the Right-of-Way of said Peachtree Road the following courses and distances: South 38°59'33" West, a distance of 484.94 feet to a point; thence 383.49 feet along the arc of a curve to the right having a radius of 5217.39 feet and a chord bearing and distance of South 39'14'57" West 383.40 feet toi the True Point of Beginning; thence leaving said right-of-way and along the property now or formerly belonging to Hog Mountain Properties, LLC North 81°54'11" East, a distance of 31.84 feet to a point; thence into the property now or formerly belonging to KHTwin Lakes LLC South 39°49'27" West, a distance of 21.46 feeti to a point; thence South 54°53'39" West, a distance of 94.09 feet to a point on the: southeastern right-of-way ofs said Peachtree Road; thence 88.74 feet along the arc of a curve to the left having a radius of 5217.39 feet and a chord bearing and distance of North 41°50'32" East 88.74 feet to the True  and being more particularly described as follows:  Point of Beginning.  Said tract contains 0.027 acre or 1,172 square feet.    Prepared by: Walker, Ball & Dimo, LLC Carla. J. Walker, Esq. 340. Jesse Jewell Parkway, Suite 650 Gainesville, GA: 30501 carla@wbdlawfim.com STATE OF GEORGIA, COUNTY OF. JACKSON  RIGHT-OF-WAYI DEED  THIS CONVEYANCE is made and executed the.  day ofJanuary, 2024.  WITNESSETH that KHTwin Lakes, LLC, the undersigned (hereinafter referred to as "Grantor"), is the owner of a tract of land in JACKSON COUNTY, GEORGIA, on Peachtree Road, and is hereby granting to the CITY OF HOSCHTON, additional right-of-way for said Peachtree Road.  NOW THEREFORE, in consideration of the benefit to said property by the construction and maintenance ofsaid roadway, and in consideration ofONE DOLLAR ($1.00), in hand paid, the receipt and sufficiency whereof are hereby acknowledged, Grantor does hereby sell, remise, release and forever quitclaim to said CITY OF HOSCHTON, and their successors in office, additional right-of-way for said  roadway, being more particularly described as follows:  ALL THAT TRACT or parcel of land lying and being in GMD 1407, City of Hoschton, Jackson County, Georgia, and being more particularly described on Exhibit"A": attached hereto and made aj part hereof by this reference. Said right-of-way is hereby conveyed, containing 0.027 acres, more or less, is shown as the "cross- hatched" area on the Overall Site Plan for Gateway Crossing Hoschton, LLC dated February 7, 2023, prepared BDG al Foresite Group Company, said site plan being attached hereto as Exhibit "B" and madea  part hereof by this reference.  Page 1 of5    TOHAVE. AND TOI HOLD the said conveyed premises ini fee simple, sO that neither Grantor, nor any other person or persons claiming under Grantor, shall at any time claim or demand any right, title or  interest to the aforesaid described premises ori its appurtenances, or any rights therein. representative(s) with its corporate seal affixed, the day and year first above written.  IN WITNESSETH WHEREOF, Grantor has caused this deed to be executed by its duly authorized  Signed, sealed and delivered in the presence of:  KHTwin Lakes, LLC, aG Georgia limited liability company  By: Name: Its:  [SEAL]  Witness  Notary Public My commission expires: [NOTARY SEAL]  Signature, page to R/W deed for deceleration lane, Peachtree Road, January, 20241  Page 2 of5    CONSENT AND ACKNOWLEDGMENT  City of Hoschton, Georgia does hereby consent to the foregoing right-of-way deed and  accepts such areai for public dedication. Signed, sealed and delivered in the presence of: Witness Notary Public My Comm. Expires:  City ofHoschton, aGeorgia municipal corporation  By: Attest:  County Manager City Clerk  (Notary Seal)  (City Seal)  Approved as toj form:  Abbott S. Hayes, Jr., City Attorney  Page3 of5    EXHIBIT "A" LEGAL: DESCRIPTION  Legal Description: KH Twin Lakes, LLC- Right-of-Way Dedication  All that tract or parcel ofland lying and beingi in G.M.D. 1407, City ofHoschton, Jackson County, Georgia Beginning at the intersection of the southeastern right-of-way of Peachtree Road, a.k.a. Hog Mountain Road (R/W varies) and the southwestern right-of-way of State Route 53 (100" R/W); thence along the Right-of-Way ofs said Peachtree Roadi thei following courses and distances: South 38959'33" West, a distance of484.941 feet to aj point; thence 383.49 feet along the arc ofa curve tot the right having ai radius of5217.39 feet and a chord bearing and distance of South 39°14'57" West 383.40: feet to the' True Point ofl Beginning; thence leaving said right-of-way and along the property now or formerly belonging to Hog Mountain Properties, LLC North 81954'11" East, a distance of31.84 feet to a point; thence into the property now or formerly belonging to KH Twin Lakes LLC South 39049'27" West, a distance of21.46 feet to a point; thence South 54053'39" West, a distance of 94.09 feet to a point on the southeastern right-of-way ofs said Peachtree Road; thence 88.74 feet along the arc ofa curve to the left having a radius of: 5217.39 feet and a chord bearing and distance ofl North 41950'32" East 88.74 feet to the' True. Point of Beginning.  and being more particularly described as follows:  Said tract contains 0.027 acre or 1,172 square feet.  Page 4 of5    EXHIBIT B" Overall Site Plan  Page 5 of5    NEW BUSINESS  ITEM #8  Resolution 2024-09: Right-of-Way Dedication along Peachtree Rd. from Hog Mountain Properties, LLC    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: welz@belsoutn.net  Growth Management Comprehensive Planning Zoning &Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Items: Resolutions 24-08, 24-09, 24-10 and 24-11 (Acceptance of Additional Right of Way along Peachtree  Road)  There is a deceleration lane constructed on Peachtree Road at the entrance of Gateway Crossing Parkway, which leads to the new Publix site (under construction). This is also the location where there is a multi-use path crossing of Peachtree Road. Additional right of way is needed for the deceleration lane and for the crossing area. Two resolutions have been prepared, Resolution 24-08 and 24-09, that would if approved formally accept these proposed additional right of way dedications. Upon approval by council, the proposed right of way deeds In addition to the two right of way dedications proposed in Resolution 24-08 and Resolution 24- 09 (prepared and part of the agenda package), there are additional right of way dedications proposed on the west side of Peachtree Road between Alma Farms subdivision and SR 53 (see attached graphic). Southeastern, the group working on the Kroger property assemblage, isi in the process of dedicating additional right of way to the Georgia Department of Transportation and is required to provide additional right of way to the city to accomplish the intersection improvement proposed at State Route 53, Peachtree Road, and the proposed Peachtree Road Extension. There are two resolutions proposed (24-10 and 24-11) because there are two different property owners (Hog Mountain Properties and DCH Montebello LLC) along the road segment, from which right of way is needed. Southeastern has arranged for these property owners to agree to dedicate the additional right of way at no cost to the city. Staff recommends approval of these resolutions. The city attorney will have final review authority over the form and content oft the deeds of dedication. The property descriptions are in for the dedications on the west side of Peachtree Road are in the process of being prepared by the land surveyor for Southeastern. Staff considered it appropriate to request these other right of way dedications be added to the February 8th agenda, because there were already other dedication resolutions on the agenda and because Southeastern desires that the acceptance of  will be authorized to be recorded.  the right of ways by the city be expedited.  1    Memo, Dedication Resolutions, February gth City Council Work Session agenda items  SMAURIRAPSESANA ADEYIPSTTAN MIR.DArNGPISGI  Mw  GRADING EASEMENTS BY PROPERTY OWNERS OWMGS HSVN RED ICPAG;  I:S#POTAtT  AREAISF 2916 121P :  DIMENSIONED R/W AREAS  ORAPHIC SCALE  B  C  Right of Way Dedication Exhibit for R-24-10 and R-24-11)  2    GATEWAY CROSSING! SHOPPING CENTER HOSCHTON, JACKSONCOUNTY, GA GATEWAY FOR: GAINESVILLE, GA3 30501  3471:DONAVILEST DULUTH,G GA30096 PHONE:4 404-567-5701 FAX:4 404-567-5703  BDG AFORESITE GROUP COMPANY  CROSSINGI HOSCHTON,LLC    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-09  ARESOLUTION. ACCEPTING FROM HOG MOUNTAIN PROPERTIES, LLC, THE DEDICATION OF 0.092. ACRE OF RIGHT OF WAY ALONG THE SOUTH! SIDE OF PEACHTREE ROAD WHEREAS, HOGI MOUNTAIN PROPERTIES, LLCi is the owner of property on the south side of Peachtree WHEREAS, the owner desires to dedicate 0.092 acre ofl land to the City of Hoschton for additional right WHEREAS, the owner has prepared and submitted a right of way deed for purposes of conveying the  Road; and  ofv way for Peachtree Road; and  land toi the city;  Now, therefore, IT IS RESOLVED by the City Council of Hoschton as follows:  Section 1. Section 2.  The right of way, described by metes and bounds in Exhibit A oft this resolution, is hereby accepted. The city attorney is authorized to record the right of way deed transferring ownership of the subject  property to be dedicated to the city.  SO RESOLVED this 20th day of February, 2024.  Debbie Martin, Mayor  This is to certify thatlam City Clerk of the City of Hoschton. As such, Ikeepi its official records, including its minutes. In that capacity, my signature below certifies this resolution was adopted as stated and will  ber recorded ini the official minutes.  ATTEST:  City Clerk  APPROVED. ASTO FORM:  Abbott S. Hayes, Jr., City Attorney    Resolution 2024-09 Peachtree Road Right of Way Dedication  EXHIBIT "A" LEGAL DESCRIPTION  Legal Description: Hog Mountain Properties, LLC-F Right-of-Way Dedication  Alli that tract or parcel of land lying and beingi in G.M.D. 1407, City of Hoschton, Jackson County, Georgia Beginning ati the intersection oft the southeastern right-of-way of Peachtree Road, a.k.a. Hog Mountain Road (R/W varies) and the southwestern right-of-way of State Route 53 (100' R/W); thence alongt the Right-of-Way of said Peachtree Road the following courses and distances: South 38°59'33" West, a distance of 484.94 feet to a point; thence 170.04 feet along the arc of a curve to the right having a radius if 5217.39 feet and a chord bearing and distance of South 38°04'38" West 170.04 feet to the True Point of Beginning; thence leaving said right-of-way: and into the property now or formerly belonging to Hog Mountain Properties, LLC: South! 50°46'45" East, a distance of 20.00 feet to a point; thence. South 39°49'27" West, a distance of 190.00 feet to a point; thence along the property now or formerly belonging to KH Twin Lakes LLCS South 81°54'11" West, a distance of 31.84 feet to a point on the southern right-of-way of said Peachtree Road; thence along said right-of-way 213.45 feet along the arc ofa curve to the right having a radius of 5217.39 feet and a chord bearing and distance of North 40'10'58" East 213.43 feet and a radius of 5217.39 feet to the True Point of Beginning.  and being more particularly described as follows:  Said tract contains 0.092 acre or 4,006: square feet.    Prepared by: Walker, Ball & Dimo, LLC Carla. J. Walker, Esq. 340. Jesse. Jewell Parkway, Suite 650 Gainesville, GA3 30501 carla@wbdawfimm.com STATE OF GEORGIA, COUNTY OF JACKSON  RIGHT-OF-WAY DEED  THIS CONVEYANCE is made and executed the  day ofJ January, 2024.  WITNESSETH that HOG MOUNTAIN PROPERTIES, L.L.C., the undersigned (hereinafter referred to as "Grantor"), is the owner ofai tract ofland in JACKSON COUNTY, GEORGIA, on Peachtree Road, and is hereby granting to the CITY OF HOSCHTON, additional right-of-way for said Peachtree  Road.  NOW THEREFORE, in consideration of the benefit to said property by the construction and maintenance ofsaid roadway, and in consideration ofONEI DOLLAR ($1.00), in hand paid, thei receipt and sufficiency whereof are hereby acknowledged, Grantor does hereby sell, remise, release and forever quitclaim to said CITY OF HOSCHTON, and their successors in office, additional right-of-way for said  roadway, being more particularly described as follows:  ALL THAT TRACT or parcel of land lying and being in GMD 1407, City of Hoschton, Jackson County, Georgia, and being more particularly described on Exhibit"*A": attached hereto and made a part hereof by this reference. Said right-of-way being hereby conveyed, containing 0.092 acres, more or less, is shown as the "cross-hatched" area on the Overall Sitel Plan for Gateway Crossing Hoschton, LLC dated February 7,2023, prepared BDG al Foresite Group Company, said site plan being attached hereto as Exhibit "B" and madea  part hereofby this reference.  Page 1 of5    TOHAVE AND TO HOLD the said conveyed premises ini fee simple, sO that neither Grantor, nor any other person or persons claiming under Grantor, shall at any time claim or demand any right, title or INWITNESSETH WHEREOF, Grantor has caused this deed tol be executed by its duly authorized  interest to the aforesaid described premises or its appurtenances, or any rights therein. representative(s) with its corporate seal affixed, the day and year first above written.  Signed, sealed and delivered int the presence of:  HOG MOUNTAIN PROPERTIES, L.L.C., aGeorgia limited liability company Name: William A. Brogdon Its: Executive Vice President  By:  [SEAL]  Witness  Notary Public  [NOTARY SEAL] My commission expires:  Signature page to RW deedj for deceleration lane, Peachtree Road, January, 20241  Page 2 of5    CONSENT AND ACKNOWLEDGMENT  City of Hoschton, Georgia does hereby consent to the foregoing right-of-way deed and  accepts such area for public dedication. Signed, sealed and delivered in thej presence of: Witness Notary Public My Comm. Expires:  CityofHoschton, ac Georgia municipal corporation  By: Attest:  County Manager City Clerk  (Notary Seal)  (City Seal)  Approved as toj form:  Abbott S. Hayes, Jr., City Attorney  Page 3 of5    EXHIBIT"A" LEGAL DESCRIPTION  Legal Description: Hog Mountain Properties, LLC-1 Right-of-Way Dedication  Allt that tract or parcel ofland lying and being in G.M.D. 1407, City ofHoschton, Jackson County, Georgia Beginning at the intersection of the southeastern right-of-way of Peachtree Road, a.k.a. Hog Mountain Road (R/W varies) and the southwestern right-of-way of State Route 53 (100' R/W); thence along the Right-of-Way ofsaid Peachtree Roadi thei following courses and distances: South: 38°59'33" West, ac distance of484.941 feet to aj point; thence 170.04 feet along the arc ofa curve to the right having a radius if5217.39 feet and a chord bearing and distance of South 38°04'38" West 170.04 feet to the' True Point of Beginning; thence leaving said right-of-way and into the property now or formerly belonging to Hog Mountain Properties, LLC South 50°46'45" East, a distance of20.00 feet to aj point; thence South 39049'27" West, a distance of 190.00 feet to aj point; thence along the property now or formerly belonging tol KHTwin Lakes LLCSouth 81°54'11" West, ac distanceof31.84 feet toapoint on thes southern right-of-way ofsaid) Peachtree Road; thence along said right-of-way 213.45 feet along the arc ofa a curve to the right having ai radius of 5217.39: feet and a chord bearing and distance ofNorth 40°10'58" East 213.43 feet and a radius of 5217.39  and being more particularly described as follows:  feet toi the' True Point ofl Beginning. Said tract contains 0.092 acre or 4,006 square feet.  Page 4 of5    EXHIBIT "B" Overall Site Plan  Page 5 of5    NEW BUSINESS  ITEM #9  Resolution 24-10: Right-of-Way Dedication along Peachtree Rd. from Hog Mountain Properties, LLC  Documentation to follow on 2/7/24)    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404) 502-7228 E-Mail: weiz@belsoutn.ner  Growth Management Comprehensive Planning Zoning &L Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Items: Resolutions 24-08, 24-09, 24-10 and 24-11 (Acceptance of Additional Right of Way along Peachtree  Road)  There is a deceleration lane constructed on Peachtree Road at the entrance of Gateway Crossing Parkway, which leads toi the new Publix site (under construction). This is also the location where there is a multi-use path crossing of Peachtree Road. Additional right of way is needed for the deceleration lane and for the crossing area. Two resolutions have been prepared, Resolution 24-08 and 24-09, that would if approved formally accept these proposed additional right of way dedications. Upon approval by council, the proposed right of way deeds In addition to the two right of way dedications proposed in Resolution 24-08 and Resolution 24- 09 (prepared and part oft the agenda package), there are additional right of way dedications proposed on the west side of Peachtree Road between Alma Farms subdivision and SR53 (see attached graphic). Southeastern, the group working on the Kroger property assemblage, isi in the process of dedicating additional right of way to the Georgia Department of Transportation and is required to provide additional right of way to the city to accomplish the intersection improvement proposed at State Route 53, Peachtree Road, and the proposed Peachtree Road Extension. There are two resolutions proposed (24-10 and 24-11) because there are two different property owners (Hog Mountain Properties and DCH Montebello LLC) along the road segment, from which right of way is needed. Southeastern has arranged for these property owners to agree to dedicate the additional right of way at no cost to the city. Staff recommends approval of these resolutions. The city attorney will have final review authority over the form and content of the deeds of dedication. The property descriptions are in for the dedications on the west side of Peachtree Road are in the process of being prepared by the land surveyor for Southeastern. Staff considered it appropriate to request these other right of way dedications be added to the February 8th agenda, because there were already other dedication resolutions on the agenda and because Southeastern desires that the acceptance of  will be authorized to be recorded.  the right of ways by the city be expedited.  1    Memo, Dedication Resolutions, February gth City Council Work Session agenda items  mPIRIPNEA 1.80.95795 Mw nOr *GNS-Aw  2  GRADING EASEMENTS BY PROPERTY OWNERS OWMCRE IBTN BAAT5VEXMAW3: 1FEL ICPRIS-T;  patrw2,-SS M3FMEIT  AREAISFI 2PIA 121D 3  DIMENSIONED R/W AREAS  ORAPHIC SCALE  B  Right of Way Dedication Exhibit for R-24-10 and R-24-11)  2    NEW BUSINESS  ITEM #10  Resolution 24-11: Right-of-Way Dedication along Peachtree Rd. from DCH Montebello, LLC  Documentation to follow on 2/7/24)    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404) 502-7228 E-Mail: welz@belisouth.net  Growth Management Comprehensive Planning Zoning & Land Use Regulations Land Development. Applications Expertl Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Items: Resolutions 24-08, 24-09, 24-10 and 24-11 (Acceptance of Additional Right of Way along Peachtree  Road)  There is a deceleration lane constructed on Peachtree Road at the entrance of Gateway Crossing Parkway, which leads toi the new Publix site (under construction). This is also the location where there is a multi-use path crossing of Peachtree Road. Additional right of way is needed for the deceleration lane and for the crossing area. Two resolutions have been prepared, Resolution 24-08 and 24-09, that would if approved formally accept these proposed additional right of way dedications. Upon approval by council, the proposed right of way deeds In addition to the two right of way dedications proposed in Resolution 24-08 and Resolution 24- 09 (prepared and part of the agenda package), there are additional right of way dedications proposed on the west side of Peachtree Road between Alma Farms subdivision and SR 53 (see attached graphic). Southeastern, the group working on the Kroger property assemblage, is in the process of dedicating additional right of way to the Georgia Department of Transportation and is required to provide additional right of way to the city to accomplish the intersection improvement proposed at State Route 53, Peachtree Road, and the proposed Peachtree Road Extension. There are two resolutions proposed (24-10 and 24-11) because there are two different property owners (Hog Mountain Properties and DCH Montebello LLC) along the road segment, from which right of way is needed. Southeastern has arranged for these property owners to agree to dedicate the additional right of way at no cost to the city. Staff recommends approval of these resolutions. The city attorney will have final review authority over the form and content of the deeds of dedication. The property descriptions are in for the dedications on the west side of Peachtree Road are in the process of being prepared by the land surveyor for Southeastern. Staff considered it appropriate to request these other right of way dedications be added to the February 8th agenda, because there were already other dedication resolutions on the agenda and because Southeastern desires that the acceptance of  will be authorized to be recorded.  the right of ways by the city be expedited.  1    Memo, Dedication Resolutions, February 8th City Council' Work Session agenda items  PIMAIETOHAIACAS CIH, MGPVPPSTIN pAMe.OArGVAaMN  2  GRADING EASEMENTS BY PROPERTY OWNERS DWNDG HAGVTN OKHTENEXCNANS: 1REN ICPFIGAI;  MD4W47,55F BAM3FAEEMFNT  4REAISF 7I 11   DIMENSIONED R/W AREAS  ORAPHIC SCALE  A  B  C  Right of Way Dedication Exhibit for R-24-10 and R-24-11)  2    NEW BUSINESS  ITEM #11  Request to Initiate Variance Application for property fronting Towne Center Pkwy/Hwy 53  (related to obtaining right-of way for the new Peachtree Road Ext. to be built as part of the  larger Kroger development    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: weiz@belsouth.net  Growth Management Comprehensive Planning Zoning & Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry Weitz, Consulting City Planner  February 2, 2024  February 8, 2024 City Council Work Session Agenda Item (requested addition): Request that the Hoschton City Council initiate an application for variance (V-24- 01) to the Hoschton zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, Dimensional Requirements for Non-Residential Zoning Districts," to reduce the required front building setback of Peachtree Road Extension right of way (east property line) from 15 feet to 51 feet for property (Map/Parcel 120/0131; 1.54 acre) fronting on the east side of SR 53 and the south side of Towne Center Parkway) on behalf of the property owner (Towne Center 53, LLC, Property Owner) (C-2zoning)  This request originates with the planning staff based on discussions with the group (Southeastern) working on the Kroger commercial development assemblage. The group is moving ahead with plans to eventually build and dedicate a new road and right of way referred to as the "Peachtree Road Extension." The Council has already established policy to acquire this road right of way via conditions of zoning and conditional use approval for the Kroger project and also by adopting via Resolution 23-14 the Peachtree Road Extension as part of the The group (Southeastern) controls all of the land needed to dedicate the full right of way to the city, with the exception of % of the right of way (the western portion) at the proposed road's intersection with Towne Center Parkway (shown as a solid blue line on the attached graphic). There is currently a 44-foot-wide access easement, 22 feet of which is off-site and owned by Towne Center 53, LLC. Southeastern has been in contact with Towne Center 53, LLC in an effort to get that owner to voluntarily dedicate the small remainder of right of way needed to Southeastern communicated to staff yesterday that Town Center 53, LLC's major concern with dedicating the requested right of way (25 feet from the current property line) is that doing sO would create a building setback of 15 feet from the new right of way line, and that any such additional setback may make it more difficult to place a building on the site. Accordingly, planning staff suggested that this concern could be alleviated if a variance was granted to reduce the building setback abutting the east property line (or the right of way oft the proposed Peachtree Road extension) from 151 feet to 5 feet. It is staff's belief that approval of such a variance will be sufficient to get the owner to agree to dedicate the right of way.  city's official corridor map (attached is a map excerpt).  make the Peachtree Road extension a public street/ right of way.  1    Request to Initiate Variance Request V-24-01 Front building setbacki in C-2zoning district  1Z0013K  HOI N  IZo of70  HOI 0248  Izo 030  SRS3  50' road RW 20' path RW North Not to scale  OFFICIAL CORRIDOR MAP City of Hoschton, Georgia Comprehensive Plan  Jerry Weitz &A Assoclates, Inc. Planning & Development Consultants  2    Request to Initiate Variance Request' V-24-01 Front building setback in C-2zoning district  UIMENSIONED w REAS  Mi  The proposal is therefore that the city council initiate the request for variance under its own name and waive the application fee. Consulting planner recommends approval of this request to initiate the variance application. Ifa approved by Council, it will be scheduled for public hearing at the March, 2024 city council work session. The variance requested would only apply to the east property line and would not authorize a reduction of the required minimum building setback line  from SR 53 and Towne Center Parkway.  3    Request to Initiate Variance Request' V-24-01 Front building setback in C-2: zoning district  420 013C  120 O03E  420 013D  032 033 H01  RERATNE    TOMNIE  120 0131  (01 039  Hoschton  120 0133  H01, 023  120 00000  GDN  0100 02  Tax Map of Subject Property  4