City of Hogansville City Council Work Session Meeting Agenda Monday, February 3, 2025 -5:30 pm HOGANSVILLE GEORGIA Meeting will be held at Hogansville City Hall Mayor: Jake Ayers Council Post: 1: Michael Taylor, Jr 2025 Council Post 2: Jason Baswell Council Post 3: Mandy Neese * Council Post 4: Mark Ayers Council Post 5: Kandis Strickland 2027 2025 2025 2027 2027 City Manager: Lisa E. Kelly Assistant City Manager: Open City Attorney: Alex Dixon Chief of Police: Jeffrey Sheppard City Clerk: LeAnn Lehigh - Mayor Pro-Tem WORK SESSION - 5:30 pm ORDER OF BUSINESS 1. Granite Street Variance 2. LG Smart Poles 3. Citizen Appointments Discussion 4. McGee Field Park Plan Discussion 5. DDA T-Mobile Grant Funding 6. Donation of Property 7. Tennis Courts/School Campus Meeting to be held at Hogansville City Hall, 111 High Street, Hogansville Ga. 30230 CITY COUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post1 Mathew Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 City! Manager- - Lisal Kelly Assistant City! Manager- Niles Ford Cily Clerk- -L LeAnn! Lehigh City Attorney- Alex Dixon 111Highs St Hogansville GA 30230-1196 s/82lchphagamsliog HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: January 21,2025 AGENDA TITLE: Variances for Granite Street SUBMITTEDI BY: Dhayna Porilly CLASSIFICATION (City Attorney must approve all ordinances, resolutions, and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only X Discussion/Action Public Hearing Other BACKGROUND (Includes description, background, and justification) Property owner and applicant CBD Investments, LLC is requesting a variance for three properties on Granite Street, identified as Tax Mapl Parcel Nos. 0213B004015B, 0213B004015G, and 0213B004015D. The variance seeks to reduce the required minimum lot sizei in thel ES-R: zoning district from 14,000: sq ft to 13,806 sq ft, 13,600 sq ft and 13,394 sq Nearby lots sizes with existing houses range from 10,018 square feet to 13,500 square: feet. Access to the properties Ati its regular meeting on December 19, 2024, thel Hogansville Planning Commission voted to recommend that the City ft. would be via Granite Street. Council approve thej proposed variances. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) No budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Staff recommends that the City Council approve the lot size reduction variance request fort these three properties, as unanimously recommended by the Hogansville Planning Commission on December 19, 2024. 1of1 HOGANSVILLE City of Hogansville, GA Application for Zoning Variance GEORGIA Property Owner Name Address CBDI Investments, LLC 434 Green Street Gainesville, GA Zip. 30501 Phone 770-842-6635 Email slovett@nortoncommercial.com, Troup Tax Map No. 0213B004015B, 0213B004015C 0213B004015D Address for which. variance is requested Granite Street Hogansville Zip_ 30230_ Nature of Variance Requested - Please be as specific as possible. Reducing the required minimum lots size to conform with the size oft the existing lotf from 14,000 minimum square feett tot hhe lot sizes A5 shovn OA fe apprd plat retarled Tnuary 3, 0006 in Troup Genaly Reurds PlatBak 71 Page/M(Lot 2-13,806 GF)(+3-1360s S.E) adl (ot4s B,344 5.F). You can attach a separate sheet to explain whyt this variance is necessary. Attach as simple sketch of the property: showing thet following: X General location of the existing structures and property lines. Present zoning of adjacent property. Existing use of adjacent property. Locations of proposed buildings and land use. Alegal description of the property. Setback distances. Parkings spaces, ifapplicable. Icertify that thet foregoingi information is true and correct, this day of December Vat2024 Applicant's Signature E Ballal (Affix Raised: Seal Here) Notary Pubhg UBLIS COU HOGANSVILLE City of Hogansville, GA Zoning Variance Checklist GEORGIA Property Owner Name CBD Investments, LLC_ Address for which. Granite Street, Hogansville, GA 30230 variance is requested By 2 9 9 DP DP @p Date 246 2-16 12-6 (2-16 N-6 12-16 Application received Application feer received Conditions described (Seei instructions) Complete property sketcha attached Statement(s) from adjacent property owners Scheduled for Planning Commission action Planning action taken City Council action taken DP 14 City decision Approved Denied HOGANSVILLE GEORGIA Owner Authorization Form CityofHogansville This is a written request from CBD Investments, LLC the legal owner of Property: Lots 2,3and4 14_, Hogansville, Troup County, Georgia and the Tax Parcel Numbers 0213B004015B, 0213B004015C, 0213B004015D property be considered for a variance for the following reason: At this time, we are requesting that the said Hardship of the lot sizes not conforming to latest code and houses were built on Lots 5 and 6. Esta es una peticiôn escrita de el duefio legal del la Propiedad: Hogansville, Condado de Troup, Georgia y el Numero de Parcela Fiscal En este momento, estamos pidiendo que se considere la propiedad para tener una variacion por la siguiente razon: JA-wholse. Name/Nombre Signature/Firma Decenlour 13,2024 Date/Fecha HOGANSVILLE GEORGIA Zoning Variance Application Instructions A variance willl be authorized upon application tot the City of Hogansville Planning Commission in: specific cases where such variance will not be contrary to the publici interest and when owing tos special conditions a literal enforcement oft the provisions of the Zoning Ordinance willl result in unnecessary hardship. An application fora a variance must be completed and: signed byt the applicant and submitted to City Halla atl least 7 days before the next regularly scheduled Planning Commission meeting. Attach thef following tot the application: 1) An application fee of $150. 2) As statement outliningt ther reasoni for the request listing what extraordinary ande exceptional conditions exist witht the propertyi in question because ofl Its size, shape or topography, or that a literal enforcement oft the ordinance would create an unnecessary hardship, ort that there: are pecullar conditions involved and thati ifthe variancei is granted it would not cause as substantiai detriment to the publice good. See Requirements for Varlances, below. 3) Asketch oft the property showing all thei items outlined on the: application. 4) Statements from adjacent property owners ins support of the variance. 5) Property Authorization Form The Planning Commission will consider the application at its next regular meeting. Itisi important that the petitioner attend both the Planning Commission meeting and City Council meeting to answer questions that may ariset from the Planning Commission or City Council. Iti is the practice of the Commission to deny any application where the applicant is not present. Witnesses may be called, and the applicant hasi ther right to question any witness. The Commission may, at its sole discretion, include any condition, requirement or limitation toa variance which may be necessary to protect adjacent property owners andi the publice good. Ifa at any time after the variancel has beeni issue, the zoning administrator or building inspector finds that the conditions imposed and the agreements made have not been or are not being fulfilled byt the holder of the variance, the variance shall be terminated. Thet final decision to grant a zoning ordinance shall be made byt the Hogansville City Council after hearing the recommendation of the Planning Commission. Any appeals oft the City Council's decision shall be taken to the proper courts. REQUIREMENTS FOR) VARIANCES: Please fill the following questions tot thel best of your ability. 1. The variance request arises from ac condition that is unique and particular to thel land, structures andl buildings involved. a. Yes, thel lot is recorded with the current limitation. 2. The variance is necessary! because of the particular physicals surroundings, size, shape or topographical condition of thes specific property involved that would result in unnecessary hardshipi for the applicant; as distinguished! from a merei inconvenience, ifthep provisions of the Unified Development Ordinance (UDO) were a. Ves, thej provision of the UDO categorizes thel lot as non-confirming lots and unbuildable without: a literally enforced. variance. 3. The condition requiring requested relief is not ordinarily found In properties with thes same zoning district a. No, there are other lots int this area that have similar dimensions includingi Lots 5&6 60 on ther recorded plat that were built oni in: 2005. The very same approved plat. The application isf for lots 2,3 and4 4 on designation as thes subject property. the plat. Plat is includedi ins submittal. 4. The condition is created byt ther regulations of the UDO: and not ana action or actions oft thej property owners or the applicant. Yes. 5. The granting of the variance will noti impair nor injure other properties ori improvements int the neighborhood in which the subject property is located, nor impair an adequate: supply of light or air to adjacent property, substantially increase the congestion in the publics streets, increase the danger of fire, create al hazard to air navigation, endanger the publicsafety or substantially diminish ori impair property values within the neighborhood. No, as stated there are other properties withs similar dimensions 6. The varlance ist the minimum varlance that willr make possible the reasonable use oft the land, building or structures. a, Yes 7. The variance designed will not be opposed tot the general spirit and intent of the UDO or the purpose and intent of the Comprehensive Plan. a. Correct it will not. Existing Conditions CORESOOSD bn a Ege ZOD Materials Slab on grade: 3000 psi concrete Siding: Hardie board lap siding and board & batten siding Cement board fascia and soffits Roofing: 30 year architectural shingles Overhead door: Steei Windows: Vinyl (various sizes) Exterior doors: Fiberglass, steel or wood TBD Columns: PVC wrapped treated wood columns *Note* No masonry at base of house as we: are doing slab on grade. TROUP COUNTY STARTHIALI BOARD OF ASSESSORS Overview 314) 109) 312 0213B0 310) 0203B0940 04) Legend 306) AddressNumbers 0213B003072 Parcels 804, E Roads 802 300) 0213B004016D 0213B004016G 0249B004016BX 100 05 0213B00301 0243B003012 60 075 B00500 0299B006000 0243B005006A BZfty ParcelID 0213B004015D ClassC Code Residential TaxingDistrict 1B-HOGANSVILLE City Acres 800) Owner CBDINVESTMENISLLC 434GREENST GAINESVILLE,GA30501 Value $10000 Last2 2Sales Date Price Reason Qual 9/30/2010 $16000 LM Q 8/3/2010 $20000 DU U HOGANSVILLE 0.31 PhyslcalAddress GRANITEST AssessedValue Value$ $10000 LandValue Improvement' Value AccessoryValue (Note: Nott tobeusedonle legaldocuments) Datecreated11/62024, lastDataUploaded:1 11/5/202411:1637PM Developedby3 SCHNEIDER TROUP COUNTY TARTHALI BOARD OF/ ASSESSORS 02 109) 203B00300 0213B003010: 3B00301AA 105 02413B0030M 100 Overview 3B00400 6) 0213B094005 312 310 308) Legend 806 AddressNumbers 0213B003072 Parcels 804, = Roads 802 300 0213B004016 213B004 0213B004006B 02413B003012 601A 0213B005004) 0215B0060004 0213B005006A 8/ ParcelID 0213B004015C ClassCode Residential TaxingDistrict 18-HOGANSVILLE City Acres 704 Owner CBDINVESIMENISLIC 434GREENST GAINESVILE,GA30501 Value:$10000 Last2Sales Date Price Reason Qual 9/30/2010 $16000 LM Q 8/3/2010 $20000 DU U HOGANSVILLE 0.31 PhysicalA Address GRANITEST Assessedy Value Value$10000 LandValue ImprovementValue AccessoryValue (Note: Not tobeused.onle legaldocuments), Datecreated:1 11/6/2024 DNARLIN Developedly3 SCHNEIDER TROUP COUNTY STARTHIRII BOARD OF ASSESSORS 021 3B003007 109 213B Overview 0213B094005F 104) 0213B004016D B00401 6G 0209B00401GD 100 310) 08 Legend 306) AddressNumbers 0213B003072 Parcels 8043 = Roads 802 800 3003 11A 105) 0213B0030M 02,13B003012 607 3B005004 0243B006006: 0213B005006A BZA/ ParcelID 0213B004015B Class Code Residential TaxingDistrict 18-HOGANSVILLE City Acres 704) Owner CBDINVESIMENISIIC 434GREENST GANESVILE,GA30S01 Value:$10000 Last2Sales Date Prlce Reason Qual 9/30/2010 $16000 LM Q 8/3/2010 $10000 DU U HOGANSVILLE 0.3 PhyslcalAddress GRANITEST AssessedValue Value$10000 Landy Value Improvementy Value AccessoryV Value (Note: Nott tobeusedon! legaldocuments) Datecreated: 11/6/2024 LastDataUploaded: 11/5/202411:1637PM Developedlyfs SCHNEIDER TROUP COUNTY BOARD OFA ASSESSORS 12 Overview 3B004016 3B004016P 1049 203B00 3B003011A 105) 021 13B00301 806 0213B003072 304, Legend 302, AddressNumbers Parcels 1 Roads 243B004016C4 0249B004016B, 100 0243B003012 6077 0213B005 13B005000 3003004 0213B005000 0213B0030 ParcelID 0213B004015A ClassCode Residential TaxingD District 18-HOGANSVILLE City Acres Owner CBDINVESIMENISLLC 434GREENST GAINESVILE,GA30501 Value$5000 Last2Sales Date Price Reason Qual 9/30/2010 $16000 LM Q 8/3/2010 $10000 DU U HOGANSVILLE 0.16 PhysicalAddress GRANITEST AssessedValue Value $5000 LandValue Improvement Value Accessory Value (Note: Not toleuafonitegildamat, Datecreated.1/62024 LastDataUploaded: 11/5/20241 11:16:37PM Developedby SCHNEIDER ALCANE 17L Acar, N/F poros PROP. P.B, 64 PO, 203 GR48 POUER POLB Cre 80.63 160.18- 0op1 N/P PRADO P.B.69P0. 138 IPA. 01.87 103.03 Fr P4egi. sa Meri, a63 185.79 3.1g THPSS 09.071 180.05 B4.68 JopE DBHOLISHBL . agvg Wgr TOJAL POIBR POLE. POLER POLE NOFB: FHB PBRIMETER OP 7HIS SURYBY VAS SURVBYED AS SHOTN ON APLATOP SURVEY POR BILLYA MORCAN DY JACHSON LAND SURVEYING Co, LAGRANOB, GRORGIA JUGY RR, £004 UNDEROROUND USILITY LINBS MAY BXIST. ON OR NBAR THIS PMATTED PROPBAIY, CALL 5HB! APPROPRIATE UNLTY. GOHPANY POR LOGAFION BRPORR ANY CONSTRUCTION. DEOINS us DwERS FoLE dy POMER POLE N/P DBHARIAS PB. B7 PG, 160 SURVY PoR SÇOR7.TUCKER LOACAYIED IN cIpr oP HOGANSVILLE LK, 97 LA11 FROUP COUNTY, GBORGIA SCALB: 1", # 40 DRCELOER A4, 2004 40 FE GRAPSTO SAALR P8BT R. MLOWERS, JR. RKCISIERED LAND SURVEYOR MENAN, da, 70-253-9906 PAX 266,1468 Smart Pole DeplovmentAgreement This Agreement is entered into this 16h day ofDecember: 2024by and! between the City ofHogansville, Georgia, and LG CNS America Inc. (hereinafter collectively referred to as the "Parties"), with the Hogansville City of Georgia located at 111 High Street Hogansville, GA 30230 (hereinafter referred to as "Customer"), Moveret, Inc. located at 3001 EI Main Street Hogansville, GA 30230 (hereinafter referred to as "Moveret") and LG CNS America Inc. with offices at 111 Sylvan Avenue Englewood Cliffs NJ07632 (hereinafter referred to as "LG CNSA"). WHEREAS: Customer wishes to acquire Smart-pole Systems (hereinafter referred to as "Systems") Development Services, Software, and Hardware from or through LG CNSA, and LG CNSA has agreed to provide or arrange for thes same, subject to and on thel basis of the terms and conditions following. NOWI ITISAGREEDTHAT: Article1 TERM 1.1 This Agreement shall be effective from the signatory date oft this Agreement and continue to be effective for one (I)year period therefirom, unless and until sooner terminated as provided ini this Agreement. 1.2 Upon completion of the above Term, this Agreement may be extended by agreement in writing between the parties. Article2 LG CNSAOBLICATIONS 2.1 LG CNSA shall during the Term, and in accordance with the provisions of this Agreement, provide to 2.3 LG CNSA shall, during the Term, and in accordance with the provisions of this Agreement, provide to Customer the System Integration services described herein andi in Appendix 1. 2.2 LGCNSAS shall provide all necessary human resources to perform the Service. Customer Software and Hardware described herein andi in Appendix 2. Article3 CUSTOMERS RESPONSIBILITES within the parks and other designated areas. the Smart Poles and Electrification Products. 3.1 Customer shall collaborate in selecting appropriate locations for Smart Poles and] Electrification Products 3.2 Customer shall facilitate and expedite thej permitting process required for the installation and operation of 3.3 Customer will Support public safety measures and park usage management during the construction and 3.4 Customers shall provide LG CNSA with development place and appropriate environment for System operation phases. Integration. 1Page Article4 ACCEPTANCETEST 4.1 Customer and] Investor shall make the Acceptance Test after Systems development andi installation of Software and) Hardware within five (5) days, according to the schedules described in Appendix 4.2 It: shall be deemed to be completed the Acceptance Test, unless Customer and Investor offer any land2 2. other opinion within above period. Article5 CONEIDENTIALITY Each party agrees that all information and trade secrets (including, without limitation, the terms of this Agreement) communicated to one party by the other party in any manner in connection with this Agreement ("Confidential Information"), whether before or aftert the date oft this Agreement, willl be used by recipient party only for the purpose of this Agreement. The recipient party will not disclose the other party's Confidential Information to any third party without the prior written consent oft the other party. Each party will advise its employees and agents who will receive any of the other party's Confidential Information of its confidential nature. The confidentiality provisions oft this paragraph will not apply to any Confidential Information that (a) was or becomes generally available to thej public other than as a resuit of disclosure by the recipient party in violation of this Agreement, (b) becomes available to the recipient party from a source other than the other party * provided that the recipient party has no reason to believe that such source is itself bound by a confidentiality or non -disclosure agreement with other party or otherwise prohibited from disclosing such Confidential: Information by a legal, contractual or fiduciary obligation, (c) was rightfully ini the recipient party' possession priort to receipt from the other party, (d) is independently developed by the recipient party without the use oft the other party' Confidential Information, or (e)i is required to be disclosed by the recipient party by ag government agency or law, so long as the recipient party provides the other party with written notice oft the required disclosure promptly upon receipt of notice oft the required disclosure. Article6 DOCUMENT 6.1 LGCNSA shall provide Document related to User Manual for Customer. 6.2 Customer and Investor shall not copy any Document provided by LGCNSAI under this Agreement without) LG CNSA'prior written consent. Article7 WARRANTIES 7.1 LGCNSA warrants that Services will be performed with all due care and skill as may be reasonably expected from an information technology service provider. LG CNSA shall not responsible however for the errors, omissions or misuse of Customer employees; defects in Customer equipment; 7.2 LGCNSA shall procure from third parties, Software and/or Hardware toj provide the Services pursuant to this Agreement. Customers acknowledge that LG CNSA is not the manufacturer of such Software and/or Hardware. With the exception of terms which are mandatory by law, LG CNSA' warranties are limited to any manutacturer" orl licensor' warranties which) LG CNSA is able to pass through for Customer's benefit. Ifany mandatory terms apply then to the extent permitted by law, LG CNSA' sole liability in respect of circumstances beyond its reasonable control. 2 [Page such Software and/or Hardware shall be limited, at LG CNSA' option, to the replacement, repair or re- 7.3 Unless otherwise: specified in this Agreement, the Warranty Period shall include in appendix. 7.4 Notwithstanding the foregoing, LG CNSAS shall not be responsible: for the following cases. 7.4.1 Defects due to fire, Act ofGod, any other special accident not attributable to LG CNSA. 7.4.2 Defects due to reconstruction, attachment alteration, shifting of equipment by other than LG 7.4.3 Defects due to environment condition and facilities not recognized by LG CNSA or other 7.4.4 Defects caused by combination or compatibility with third party products not approved in purchase ofany defective items during the Warranty Period. CNSA employee. defections beyond LG CNSA' responsibility. advance by LG CNSA. 7.4.5 Other defects resulting from the events are not attributable tol LG CNSA. or upgrade on the System which shall be provided under as separate agreement: 7.5 The following cases shall not bet treated as warranties under this Warranty Period, but as either maintenance 7.5.1 Any functional change, or improvement of usage oft thes subject matter oft this Agreement. 7.5.2 Any development of ani information system, including buti not limited to those that are not part or 7.5.3 Any personnel required for on-site visits to carry out for prevention of defects or errors, which in addition tot the System. were not agreed herein; and 7.5.4 User training or technical support nots specified herein. Article 8 Special Provisions for Cost agree tot the following terms: 8.1 All parties (City ofHogansville, LG CNS America, and Moveret, Inc.) mutually understand and 8.1.1 The total development cost of $104,700 for thei installation and operational system ofthe smart Poles and related facilities introducedi tot the City ofHogansville, as specified in the contract, willl be fully covered by Moveret, Inc., thes sponsoring company for Hogansville. Ownership oft thei installed facilities willl be transferred tot the City of 8.1.2 The maintenance cost for thei facilities after development, estimated at $1,200 per month, willl be covered by LG-CNS America for aj period of12 months from the start of 8.1.3 After thei initial 12-month period following the installation, the City ofHogansville will assume. responsibility for all operational costs, which is estimated in Appendix 2. Hogansville upon completion. operations after the installation is completed. Article9 INTELLECTUALPROPERTYRIGHTS 9.1 The Intellectual Property Rights in Systems, all custom Software and materials developed by LG CNSA pursuant to this Agreement ("Custom Materials")s shall be the property ofLG CNSA, Except to the extent that the Intellectual Property Rights int the System vest in Customer, LG CNSA hereby grants to the Customer license to access and use the background Software, including all inventions, designs, and marks embodied in the Software or System ("Background Software"). Such license to access and use thel Background Softwares shall bei non-exclusive, non-transferable, irrevocable, and validi throughout 3Page thet territory ofthe Customer's Country. 9.2 The Intellectual Property Rights related to Software provided pursuant to this Agreement shall be and remain vested in the owner of such rights and Customer shall obtain the non-exclusive right for 9.3 Customer data will always remain Customer property. LG CNSA is authorized to access and use the date solely for the provision of the Services. On termination of this Agreement for any reason, or when data is no longer requires, LG CNSA will destroy or return the Customer data Customer on 9.4 Title oft the System, Software and Hardware shall be transferred to the customer upon charges for 9.5 All risks ofthel Hardware shall pass from LG CNSA to Customer pursuant to the trade terms stipulated in Appendix 2 and interpreted in accordance with) INCOTERMS 2020. 9.6 In case of any dispute arises against, or any claim isi received by LG CNSA, due to any reasons attributable to Customer, including not limited to, any breach of license granted or illegal use of the Software, Customer shall defend and hold LG CNSA harmless from any such claim or dispute at the permanence use. magnetic or optical media strictlyi in accordance with Customer's directions. each paid in full by Customer under Article 5. expense of Customer, and shall pay) LG CNSA any damages caused. Article 10 TRANSFER PROHIBITION 10.1 Customer and] LG CNSA: shall not assign or delegate all or part oft the right and obligation regarding this Agreement ands shall noti use them for the purpose ofmortgage unless therei is written pre- agreement by the other party. Article 11 FORCEMAJEURE 11.1 Customer and] LG CNSA shall not take any responsibility for the damage one causes tot the other party by such reasons as natural disaster, violation, terror, government measurement,' riot, epidemic, the court's order or any causes beyond Customer orl LG CNSA' reasonable control. Article 12 TERMINATION ANDI EFFECT 12.1 Ifeither party materially defaults in the performance of any ofi its duties or obligations hereunder, which default shall notl bes substantially cured within 10d days after written notice is givent tot the defaulting party specifying the default, or, with respect to any default which cannot reasonably be cured within 10 days, if the defaulting party fails to proceed within 10 days to commence curing said default and thereafter toj proceed with all due diligence to substantially cure thes same, then the party not in default may, by giving written notice thereof to the defaulting party, terminate this Agreement. 12.2 Ifeither party hereto is thes subject of any resolution, procedure or proceedings relating toi its liquidation, insolvency orf for the appointment ofar receiver, administrator or similar officer or makes an assignment for the benefit of all or substantially all ofi its creditors, or enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations to its creditors, thent the other party may, by giving written notice, terminate this Agreement. 12.3 Even the. Agreement being terminated, right and obligations that both parties had already shall not be affected. 4/Page 12.4 In case the contract is terminated, original, duplicated, electronics copies of all document and data that) LG CNSA received from customer: should bei returned to customer. Article 13 INDEMNITIES. AND LIABILITY 13.1 LGO CNSA and Customer shall each accept liability for direct damages awarded under the governing laws for death ori injury to persons or damage to tangible property caused by the willful act, 13.2 Notwithstanding any other terms oft this Agreement, ifLG CNSA is held of found to be liable to Customer for any matter relating to or arising in connection with this Agreement, whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, the amount of damages recoverable against LG CNSA for all events, acts, or omission shall not exceed 100% of the 13.3 In no event will the measure of damages include, nor willl LG CNSA be liable for, any amounts for loss ofi income, profit, or savings; or for anyi indirect, incidental, consequential, or punitive willful omission or negligence oft that party. aggregate the amount actually paid tol LG CNSA during the Term. damages ofany party, including third parties. Article 14 NON-COMETITION 14.1 Unless LG CNSA notifies in writing otherwise, LG CNSA and Customer agree not to directly ori indirectly recruit the other party's personnel provided in the Agreement, nor to receive any separate services from such personnel or hire them during the Term oft the Agreement and for two (2), years after the expiration oft the Agreement, without the prior written consent ofthe other party. Article 15 ENTIRE. AGREEMENT 15.1 This Agreement with attachment constitutes the entire. Agreement between the customer, investor andI LGCNSA.All: agreements ares shown att the. Agreement, and any changes, resignation, ore exemption not made by bothy parties' written agreement arei invalid. Article 16 GOVERNING LAW ANDI DISPUTE RESOLUTION 16.1 This Agreement shall bei interpreted in accordance with, and governed by, the laws oft the State 16.2 Any claim, dispute, disagreement, or controversy arising out of this Agreement shall be ofGeorgia, United States of America. submitted toi the exclusive jurisdiction of the courts located int the! State of Georgia; provided, however, that the parties may agree, in writing, to either mediate or arbitrate any dispute arising from this Agreement. Article 17 AMENDMENT 5Page 17.1 This Agreement shall only be amended by a written instrument executed by each oft thej parties hereto. IN WITNESS WHEREOF, the City of) Hogansville, GA, and LG CNSAI have each caused this Agreement tol bee executed, to take effect on the date first set forth above. City of Hogansville in Georgia (Authorized Signature) Jake Ayers (Printo or1 Typel Namec ofs Signatory) Mayor (Tile) (Execution) Date) Moveret, Inc. (Authorized Signature) PaulLee (Printor Type! Namec ofSignatory) CEO (Title) (Execution Date) LGCNS America, Inc. (Authorized: Signature) Jun) Hol Lee (Printo or Type! Name ofSignatory) President (Title) (Execution Date) 6Page Appendix 1. System Integration Services Schedule Task MoU w/Cityhall8Moveret Contract Contracty w/Moveret Sites Survey Design8 & Drawing Design& Drawing (Pole &E Electrify& Communication) Smartl lightP Permit Relevant Permits Electrification approval Security Pole Equipment Procurement Communication& Sensor Basement( (Foundation) Installation Electrification System Commissionings &F Finall Inspection Operation8 &1 Training W1 W42 WAs W+4 W45 WI6 W47 W+8 Wi9 phsyw 7Page Appendix 2. Specification of Software and Hardware Category Price($) Spedification 9,000 360lighting Universald Camer Bracket, EMPTY MODULE, SIDEC CABINETA ANDPIRS SENSOR 2,600 Therelsepossibilitye ofchanged dependingonthe specification ofPV,B BATTERYC capackty.etc. 3,300 Outdoorv with5 5Gw/1Y Vears Softwares Subscription andi IOTR Runtime Internet IG21.5'FHDG Outdoor Pratedd display 1,500 GMPC Outdoorf FisheyeIPS Securityo Camera with 960 panoramicv view Floodd detections sensor Bluel light Noise detections sensor 10weatherg parameters: airt temperature, alr humidity. atmospheric lightl Intensity, PM1 10, andco2. usestheRS4 BS/ODBUFAIU/S0H2 communicationg protocol. Level2 EVcharger 5,000 On-sites surveyf for communicationn network Varies depending ont then numbero ofinstallations Costsv varyd dependingo ons sited construction 5,000 conditions. (Standarde toKoreans standards) 20,000 45,700 9,000 3601 lighting. Universal CamerB Bracket, EMPTY MODULE,S SIDECABINETA ANDPIRS SENSOR 3,300 Outdoor with! 5Gw/1 Year Softwares Subscription andk IOTRuntime 1,000 Internet 4,200 LG21.5"F FHDC Outdoor IPr rated display 1,500 6MPOutdoor Fisheyen IPS Security Camerav with: 360 panoramicy view 19,000 5,000 On-sites surveyf ford Varles dependingont then numbero ofinstallations Costsv varyd dependingo ons siter construction 5,000 conditions. (Standard construction costa according toKoreans standards) IGCNSS solutionfor loTT Integratedo control. (Base price, Includingbasic engineering) 20,000 isnotthepriceperi smart pole,a andthec cost increases dependingo ont thec quantityo ofsmart poles( (amounto ofi Information collected). Estimatedo cost pern month Estimatedo cost perr month LGCNSS shallbear operationale costs, clouda and 3,200 communicatio,f fortheir initiali 12n monthsf following installation. Thereafter,t the Cityo ofHogansville willa assumer responsibilityf for these costs Pole Pv/Battery Hub-Wan-5G WIF Slgnage Camera Equipment Leakd detect ropes sensor 100 Emergency button Nolses sensor 1,000 4,200 200 100 Downtown Hardware Ervironnets Sensor 1,700 winds speed, vindd direction, precipitation, PM25, EVcharger SubTotal Sitesurvey ConstructionCost SubTotal Tolal Pole Hub-Wan-5G WIR sgnage Camera Subtotal Sitesuvey SubTotal Total Software Solution dtyHub Totel GrandT Total Server Cloud Netvork Communication Software Total 2,000 25,700 Equipmenti InstallationFee 10,000 configurations ande eguipmentconfpuraion H/W+s/W* Installation (Onet time cost) costa according Equipment lakell limmy Jackson Hardware network Equlpmenth InstellationFee 10,000 configuration ande equipmantronfiguration 20,000 20,000 104,700 1,050 150 Operation (Monthlycost) 8Page CITY COUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post1 Mathew Morgan, Post2 Mandy! Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 Cily! Manager Lisak Kelly City Clerk- - LeAnn! Lehigh Cily Attorney- Alex Dixon 111 Highs St Hogansville GA: 30230-1196 706-637-86291 Idlyolhogansvylle.org. HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: January 21,2025 SUBMITTED BY: Dhayna Portillo M AGENDA TITLE: Citizen Appointments - Planning Commission CLASSIFICATION (City Attorney must approve all ordinances, resolutions and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only XDiscussion/Aetion Public Hearing Other BACKGROUND (Includes description, background, and justification) Thel Hogansville Planning Commission has three seats that are upt for reappointment fort two-year terms. Ricky Thrash, Carol Smith, and Ellen Shellabarger would liket to be consideredi for reappointment, so their Thel Hogansville Planning Commission has one open seat whichwas advertised int the December 2024 Hogansville utility mailers, City'swebsite and Facebook with an application deadline of December 31,2024. applications are attached. The City received no applications fort the positions. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) Nol budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Reappoint Ricky" Thrash, Carol Smith, and Ellen Shellabarger to serve on thel Hogansville Planning Commission. CITY COUNCIL Mayor Jake Ayers Michael Taylor, Jr., Post1 Mathew! Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 Cily Manager Lisal Kelly City Clerk- - LeAnn Lehigh City Attorney- - Alex Dixon 111H HighSt Hogansville GA: 30230-1196 asrag2ldhplgmilog HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: January 21,2025 SUBMITTED BY: Dhayna Portillo M AGENDA TITLE: Citizen Appointments- - Historic Preservation Commission CLASSIFICATION (City Attorney must approve all ordinances, resolutions and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only X Discussion/Action Public Hearing Other BACKGROUND (Includes description, background, and justification) Thel Hogansville Historic Preservation Commission has four seats availablei for appointment tot three-year terms. These positions were advertised int the December 2024 Hogansville utility mailers, as well as on the City's website and Facebook page, with an application deadline of December 31,2024. Wanda Lowe and Mary Ann Neureiter would liket to ber reappointed, and their applications are attached for consideration. Additionally, Kristian Whisnand has submitted an application for one of the seats, whichi is also attached. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) Nol budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Reappoint Wanda Lowe and Mary Ann Neureiter and appoint Kristian' Whisnand to serve ont the Historic Preservation Commission. CITY COUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post1 MathewN Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 City! Manager- Lisal Kelly Cily Clerk- LeAnn! Lehigh City Attorney- Alex Dixon 111HighSt Hogansville GA 30230-1196 asrasldphgailao, HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: January 21,2025 SUBMITTED BY: Dhayna Portillo AGENDA TITLE: Citizen Appointments- - Meriwether Joint Development Authority CLASSIFICATION (City Attorney must approve all ordinances, resolutions and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only XI Discussion/Action Public Hearing Other BACKGROUND (Includes description, background, and justification) The Meriwether Joint Development Authority! has five seats available for appointment to one-year terms. These positions were advertised int the December 2024 Hogansville utility mailers, as well as ont the City'swebsite and John McKibben, George Bailey, and. Jimmy Russell would liket to bei reappointed, and their applications are attached for consideration. The City also received applications from Frederick Manley and. Jackson Fussell for Facebook page, with an application deadline of December 31, 2024. the open seats, and their applications are attached BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) Nol budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Reappoint John McKibben, George Bailey, and. Jimmy Russell to serve on the Meriwether Joint Development. CITYCOUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post1 Mathew Morgan, Post2 Mandy Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5 City Manager Lisal Kelly City Clerk- LeAnn Lehigh City Attorney- - Alex Dixon 111Highs St Hogansville GA3 30230-1196 706-637-86291 dilyolhogansuylle.org HOGANSVILLE GEORGIA COUNCIL ACTION FORM MEETING DATE: January 21, 2024 SUBMITTED BY: Dhayna Portillo Ie AGENDA TITLE: Citizen Appointments - Hogansville Development Authority CLASSIFICATION (City Attorney must approve all ordinances, resolutions and contracts as to form) Ordinance (No. Resolution (No. Contract Ceremonial Information Only X I Discussion/Action Public Hearing Other BACKGROUND (Includes description, background, and justification) The Hogansville Development Authority has two reappointments and one open seat which potential candidates were: solicited via utility! letters, Facebook, and city's website. This group does have 5-yeart terms. Two members - Robert Leek and. Jimmy Russell - have had their terms end as of December 31st and both would like to be reappointed with both applications attached. There were no other applications receivedi to serve on this committee. BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources) Nol budget impact. STAFF RECOMMENDATION (Include possible options for consideration) Reappoint Robert Leek and Jimmy Russell to serve on the Hogansville Development Authority L 1ae G 000000 00006 6 0000000000000000000 OB0 1 L 0000000000000 Er-aS - N VAWVIAVS33WL AL - ) E D vopvz 69 4 u8DsC Esunoo AIDV @ 6 a) à U (8) 00000000000000000000 N AL : U LeAnn Lehigh From: Sent: To: Subject: Attachments: Lisa Kelly Thursday, January 30, 20258:14 AM LeAnn Lehigh FW: Mallard Lake and lots Mallard Lake appraisal.pdf Please put on the work session agenda. Thanks, Lisa Lisa E Kelly, City Manager Citya afl Hagansville 706-637-862Bext 10I HOGANSVILLE GEA From: Mack Reynolds. Jr. mactemadireyoldscom Sent: Wednesday, anuay29,20251133AM To: Lisa Kelly <isa.kely@ctyothogansville.org> Cc:n mremackteynoldscom Subject: Mallard Lake and lots Good morning Lisa, We would like to donate the Mallard Lake and 41 lots tot the city of Hogansville and or to the DDA as Ithink this would be a wonderful amenity, toi the city and community. If the City and or DDA is receptive oft this donation, please let me know what you need from met to proceed? Please find attached appraisal for the Mallard Lake and lots. Sincerely, Mack Reynolds Jr. 1 APPRAISAL TO DETERMINE FAIR MARKET VALUE IN AI MARRATIVEPORMAT 071330030 128 21380030 L 126 0219B0030 $24 122 130003030 2498003005 329) 327 093 19B003005 111 02138003007 314 0213B00306 009 409 812 107 02188003010 405 95 0219B00509 (00 13 00306 310 309 307 305 303 0213B003018A 15F 306) 201 106 202 114 0213B003025 209 07138003D24 912 B00 3012 7.87 acres Vacant property on Duck Walk Way, City ofHogansville, GA Tax Parcels 0213B003018A, 0213B003047, 0213B003092, 0213B003093 & 0213B003094 in Troup County,GA PREPARED FOR: First Tuesday LLC PO Box 100 Hogansville, GA 30230 PREPARED BY: Jim R. Clower, Sr. 6246 LongleafDrive Hoschton, GA 30548 Georgia General Certified. Appraiser License #96 AS OF: November 19, 2024, Effective Date of this Appraisal Jim R. Clower, Appraiser 6246 LongleafDrive Hoschton, GA 30548 Phone: 404-787-3012 clowegjm@hotmail.com November 19, 2022 First Tuesday LLC PO Box 100 Hogansville, GA 30230 RE: 7.87 acres, Four building lots and 7.05-acre parcel with lake on Duck Walk Way Tax Parcels 0213B003018A, 0213B003047,0213B003092,0213B003093 & City ofH Hogansville 0213B003094 in Troup County, GA Dear Mr. Reynolds, At your request, I have prepared an Appraisal to determine Fair Market Value in a Narrative Format for the above referenced property. The purpose of this appraisal is to estimate the fee simple interest of market value of the subject property. This appraisal is intended for the use of The accompanying Narrative Appraisal Report has been completed in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and applicable Federal the client only. regulations. This is a Dedication Appraisal Report. This is A Narrative Appraisal Report which isi intended to comply with the reporting requirements set forth under Standards Rule 2-2 (b), of the Uniform Standards Of Professional Appraisal Practice. As such, it is a summary presentation of the data, analyses, and reasoning that led to the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is presented in due course in the report. The depth of discussion contained in this report is specific to the needs of the client and is for the intended use stated. The appraiser is not The attached report details the scope of the appraisal, level of reporting, definition of value, valuation methodology, and pertinent data researched and analyzed in the development of this responsible for unauthorized use ofthisr report. appraisal. 2 Icertify that I have no present or contemplated future interest in the property beyond this estimate of value. Your attention is directed to the Limiting Conditions and Assumptions included in this report. Acceptance of this report constitutes an agreement with these conditions and assumptions. In my opinion the value of the fee simple interest of the subject property as of November 19, 2024, effective date was as follows: Final Market Value Conclusion "As Is" $400,000 FOUR HUNDRED THOUSAND DOLLARS Respectfully submitted, %Rcsi Jim R. Clower, Sr. Certified General Real Property Appraiser State ofGA #96 3