MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, February 3, 2025 5:00 P.M. 1. CALL TO ORDER: Mayor Walden called the meeting to order at 5:00 pm. 2. ROLL CALL: Councilmember William Ilig, Councilmember Sandy Sawyer, Councimember Mark French, Councimember Caleb Phillips, City Attorney Kevin Tallant, City Manager Bob Bolz, City Clerk Beverly Banister, Public Works Director Trampas Hansard, Utility Director Jacob Barr, Finance Director Robin Gazaway, Downtown Development Director Amanda Edmondson and Planning Director Ron Haynie. 3. INVOCATION AND PLEDGE: Invocation and pledge were led by Councilmember Phillips. 4. ANNOUNCEMENTS: Mayor Walden reminded everyone he called a special meeting for the Mayor and Council to hold a retreat at Amicalola Lodge on Friday, February 7, 2025 and Saturday, February 8, 2025 beginning at 8:30 a.m. 5. APPROVAL OF THE AGENDA: Motion to approve the agenda as presented made by M. French; second by W. Illg. Vote carried three in favor (French, Ilg, Sawyer) with one opposed (Phillips). 6. PUBLIC INPUT: The following person(s) spoke during public input: Michael Turner, 51 Hedgewood Lane, Dawsonville He provided comments regarding his development project located at 331 Gold Creek Drive and requested the Council add the item to the consent agenda for consideration of approval. Grady Turner, 2599 Howser Mill Road, Dawsonville He provided comments regarding the history of their development project and expressed his concerns as to why it is being held up and requested the Council approve their project. 7. CONSENT AGENDA: Motion to approve the consent agenda made by M. French; second by W. Illg. Vote carried unanimously in favor. a. Approve Minutes Regular Meeting held January 9, 2025 8. EMPLOYEE RECOGNITION: The Mayor and Council awarded Robin Gazaway a four year service award and the January 2025 Employee of the Month was awarded to the Winter Storm Cora crew consisting of Trampas Hansard, Steven McNeal, John Tatum, Caleb Reece, David Medina, Hayden Harris, David Schuette, Blake Croft, Westin Lee and Seth Reece. 9. DOWNTOWN DEVELOPMENT AUTHORITY BOARD APPOINTMENT: Motion to appoint Chris Sheets to the Downtown Development Authority to fulfill the unexpired term of Trey Thomas through December 31, 2025 made by M. French; second by C. Phillips. Vote carried unanimously in favor. BUSINESS 10. INTERGOVERNMENTAL AGREEMENT WITH DAWSON COUNTY: SHOAL CREEK ROAD PAVING PROJECT: Motion to approve the agreement as presented made by C. Phillips; second by M. French. Vote carried unanimously in favor. (Exhibit "A") 11. CHANGES TO PROJECTS CONCERNING LOCAL MAINTENANCE AND IMPROVEMENT GRANT FUNDS: Motion to approve changing combined LMIG funding from FY 2023, FY 2024, FY 2024 LRA and FY 2025 from repairing and repaving Maple Street and its sidewalks to fund the joint project with Dawson County for full-depth reclamation on the City's portion of Shoal Creek Road made by W. Illg; second by S. Sawyer. Vote carried unanimously in favor. Motion to approve changing FY 2024 LMIG-SAP funds from installing four flashing school zone beacons on Perimeter Road to installing four flashing school zone beacons on Allen Street and Hwy 9 North made by W. Ilg; second by C. Phillips. Vote carried unanimously in favor. 12. ATLANTA MOTORSPORTS PARK: SPECIAL EVENT REQUEST TO EXCEED SOUND LIMITS : Motion made by S. Sawyer to approve the request as presented to allow an exception to sound limits described in stipulation #17 of ZSP C2300063 for a maximum of 70 dBA LEQ(16) with trackside readings below 105 dBA at 50 feet on April 28, 2025 from 10:00 a.m. to 2:00 p.m. with the stipulation that all sound meters will be working; second by C. Phillips. Councilmember lllg asked the applicant Page 1 of 3 MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, February 3, 2025 5:00 P.M. if this event will be similar to the previous events; Jeremy Porter responded it would be and expects the sound level to be lower than the Father's Day event. He also stated all the sound meters are working. Vote carried unanimously in favor. STAFF REPORTS 13. BOB BOLZ, CITY MANAGER: City Manager Bolz reported the leak adjustment total was $152.46. 14. ROBIN GAZAWAY, FINANCE DIRECTOR: Finance Director Gazaway provided the financial reports representing fund balances and activity through January 31, 2025. MAYOR AND COUNCIL REPORTS: Councilmember Sawyer reported she and Amanda Edmondson visited the State Capital in Atlanta with Leadership Dawson. Their next class will be on local government with visits to the County and the City. Councimember Illg expressed his gratitude for all the DDA is doing and said they are funding some community events and is proud of their willingness to invest in the community. EXECUTIVE SESSION At 5:29 p.m. a motion to close regular session and go into executive session for real estate acquisition, pending/potential litigation and/or personnel was made by' W. Ilg; second by M. French. Vote carried unanimously in favor. At 7:07 p.m. a motion to close executive session was made by M. French; second by W. Illg. Vote carried unanimously in favor. Motion to resume regular session was made by M. French; second by W. Illg. Vote carried unanimously in favor. ADJOURNMENT At 7.09 p.m. a motion to adjourn the meeting was made by S. Sawyer; second by C. Phillips. Vote carried unanimously in favor. Approved this 3rd day of March 2025 By: CITY OF DAWSONVILLE ah John Walden, Mayor Caleb Phillips, Councilmember Post 1 00o 1M N / - t0 William Ilig, Councilmember Post 2 Sandra Sawyer, Councilmember Post 3 Page 2 of 3 MINUTES CITY COUNCIL REGULAR MEETING G.L. Gilleland Council Chambers on 2nd Floor Monday, February 3, 2025 5:00 P.M. Absant 0L 3/6/2026 Mark French, Councilmember Post 4 Attest. ey Beverly A. Banister, City Clerk Page 3 of 3 STATE OF GEORGIA COUNTY OF DAWSON AFFIDAVIT OF THE CITY OF DAWSONVILLE MAYOR AND COUNCIL Mayor John Walden, Councilmember Caleb Phillips, Councilmember William Ilg, Councilmember Sandra Sawyer and Councilmember Mark French; being duly sworn, state under oath that the following is true and accurate to the best of their knowledge and belief: 1. The City of Dawsonville Council met in a duly advertised meeting on February 3, 2025. 2. During such meeting, the Board voted to go into closed session. ) 29 3. The executive session was called to order at p.m. 4. The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions provided in the open meetings law: (check all that apply) Consultation with the City Attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the City or any officer or employee or in which the City or any officer or employee may be directly involved as provided in O.C.G.A. S 50-14-2(1); Discussion of tax matters made confidential by state law as provided by O.C.G.A. S 50-14- 2(2) and Discussion of future acquisition of real estate as provided by O.C.G.A. S 50-14-3(b)(1); Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a City officer or employee as provided in O.C.G.A. S 50-14-3(b)(2); Other as provided in: This 3rd day of February 2025; By the City of Dawsonville, Mayor and Council: Ka h G John' Walden, Mayor - - 0 A - Caléo Phillips, Coyncilmember Post #1 William Illg, Councilmember Post 2) Baahad - SandrSavyer Counçilmember Post? #3 Mark French, Coyhcilmember Post #4 Sworn to and subscribed before me this day of Febhuahy 20 25 Ko baca Aer MY Public COUIESON Signature,otary EXPIRES 2/18/2028 My Commission expires: Feb 18 20 D COUNTY STATE OF GEORGIA COUNTY OF DAWSON INTERCOVERNMENTAL AGREEEMENT BETWEEN DA WSON COUNTY AND THE CITY OF DAWSONVILLE REGARDING A CROSSJURISDICTIONAL ROAD IMPROVEMENT PROJECT (Shoal Creek Road) (from Historic Courthouse to SR 136) THIS AGREEMENT, effective as ofy jebrun 20 2025, is by and between DAY WSON COUNTY, a political subdivision ofthe State a Georgia ("Dawson"), and the CITY OF DA WSONVILLE, a Georgia municipal corporation ("Dawsonville"). Individually, Dawson and Dawsonville may be referred to herein as a "Party," and, collectively, as the "Parties." WHEREAS, pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, cities and counties are authorized to contract with each other for a period not exceeding 50 years for the provision of services, or for the joint or separate use of facilities or equipment, SO long as such contracts deal with activities, services, or facilities which such cities and counties are authorized by law to undertake or provide; and WHEREAS, pursuant to Article 1X, Section II, Paragraph III of the Constitution of the State of Georgia, Dawson and Dawsonville are authorized, jointly and severally, to exercise powers and provide services related to street and road construction maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; and WHEREAS, pursuant to Article IX, Section II, Paragraph III of the Constitution of the State ofGeorgia, Dawson is prohibited from exercising these powers or providing any such service inside the boundaries of Dawsonville except by contract with Dawsonville; and WHEREAS, pursuant to O.C.G.A. S 32-4-62(d), Dawson has the authority provided in 0,C,G.A. $ 32-4-112(b) to contract with Dawsonville and expend funds for work on public roads within Dawsonville's) jurisdictional boundary; and WHEREAS, a portion of Shoal Creek Road between State Route ("SR") 136 and the Dawson Historic Courthouse located at 31 Main St, Dawsonville, GA 30534 ("Historic Courthouse") lies within Dawsonville's jurisdiction and a larger portion of that section of Shoal Creek Road lies within Dawson'sj jurisdiction; and WHEREAS, Dawson and Dawsonville are parties to that certain Settlement and Release Agreement effective on May 20, 2021, wherein Dawson agreed as a part of such settlement to repave, as part ofi its road and culvert improvements projects, Shoal Creek Road from the Historic Courthouse to SR 136; and WHEREAS, following further inspection of that portion of Shoal Creek Road to be repaved, the Parties agree that repaving is no longer a viable, long-term solution and additional 1 Exhibit "A" work beyond. just repaving the road (e.g., deep patch and resurfacing and/or full depth reclamation) should be completed to extend the life of the road; and WHEREAS, in accordance with the applicable state law requirements, Dawson will conduct a competitive bid solicitation which will result in an agreement between Dawson and a paving company (the "Contractor"), which agreement scope will include full depth reclamation work to be completed on that portion of Shoal Creek Road lying within Dawsonv/llesyurisdicion (the "Project"); and WHEREAS, Dawsonville has agreed to pay for a portion of the full depth reclamation work to be completed on the roadway within Dawsonilesjuridition: and WHEREAS, the Parties agree that coordination of construction efforts for cross- jurisdictional road improvement projects, including the Project herein, provides cost savings and efficiencies that are in the best interest ofthe citizens of both Dawson and Dawsonville. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgment and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree to the above recitals and as follows: 1. Agreement. a. Dawson's Duty to Manage the Project. The Parties agree that Dawson shall assume primary responsibility for management ofthe Project, including completion ofthe Work (described below), its public road construction'maintenance agreement with a paving company (the "Contractor"), and any necessary warranty work to effectuate repairs covered by any applicable warranty. b, General Description of the Work, The work to be performed pursuant to this Agreement consists of full depth reclamation work of approximately 4,433 linear feet of Shoal Creek Road lying within Dawsonville's jurisdiction (the "Work"). Dawson shall complete the Work using the services oft the Contractor. C. Cost Allocation. The Parties agree to pay for the cost of the Work to be completed within Dawsonville's jurisdiction (full depth reclamation work) in accordance with the following percentages: (a) Dawsonville: 70.34% (b) Dawson: 29.66% Dawsonville's contribution hereunder shall not exceed $450,000.00 unless a larger amount is agreed to by and between the Parties in accordance with subsection f below. 2 Exhibit "A" Except for any reasonably disputed amounts (which shall be paid promptly upon resolution ofthe dispute), Dawsonville shall pay all amounts due under this IGA to Dawson within thirty (30) days of request. d. Dawsonville's Right and Duty to Review the Work. Dawsonville shall have the right and duty to review the Work and to advise Dawson of any observed discrepancies or potential problems SO that these can be timely addressed with the Contractor. Dawsonville may, but shall not be required to, test or inspect the Work for compliance with applicable technical standards. Dawsonville acknowledges that its remedies against the Contractor for defective Work may be limited to those remedies available to Dawson in its contract with the Contractor to the extent such remedies can be enforced by Dawson. Dawsonville shall respond in a timely manner to any issue that may arise during the Work that requires its input. The Parties shall make reasonable and good-faith efforts to coordinate their oversight of the Work and proactively address any issues that may arise, including any warranty requests for the work performed. e. Disputes with the Contractor. Dawson shall address with the Contractor any issues or concerns raised by Dawsonville concerning the Work and, subject to the limitations below, Dawson shall make good faith efforts to enforce the contract with the Contractor for the benefit of Dawsonville. Except as separately agreed between thel Parties, Dawson shall not be required to write any demand letter or file any lawsuit against the Contractor or take any other similar formal legal action arising out of the Work. f. Change Orders. Dawson will discuss any proposed change orders that operate to increase the cost ofthe Project for the Work to be performed within Dawsonville's jurisdiction with Dawsonville in advance of approving such change orders with the Contractor. Upon Dawsonville's approval of any such proposed change order, Dawsonville agrees to timely pay all costs associated therewith in accordance with subsection C, hereinabove. g. Contractor Insurance and Contract Provisions. Dawson shall make a good faith effort to include in its contract with Contractor, or to execute an amendment to such contract, a requirement that: (1) Dawsonville is named as an additional insured on any liability policies covering the Work, (2) Dawsonville is named as an intended third-party beneficiary of such contract, and (3) the Contractor be required to give notice to the County within a reasonable time after discovering that the actual contract quantities for the Work within Dawsonville's, jurisdiction will exceed the estimated quantities, which notice the County will provide to the City upon receipt. 3 Exhibit "A" 2. Agreement Term. This Agreement shall commence upon execution by the Parties and shall expire upon completion of all duties and obligations provided herein, provided that the term oft the Agreement shall not exceed fifty (50) years. 3. Termination for Convenience. Either Party may terminate this Agreement for convenience by providing written notice oft termination to the other Party. IfDawsonville terminates this Agreement for convenience: (a) Dawson shall promptly (but in any event, not later than fourteen (14) calendar days following receipt of a termination notice from Dawsonville) terminate the Work in its contract with the Contractor (but only that portion ofthe Work that is within Dawsonvile-jurialieton: and (b)! Dawsonville shall reimburse Dawson for all reimbursable costs incurred through the date oftermination ofthe Dawson- Contractor contract. 4. Assignment or Transfer. The rights, privileges and obligations under this Agreement shall not be assigned or transferred by either Party without the prior written consent of the other party. 5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. 6. Public Procurement Requirements. Each Party agrees that it will comply with all public road work procurement requirements under any applicable state or federal law related to any construction, improvements, or services contemplated by this Agreement, 7. E-Verify and Title VI. Each Party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each Party agrees that any contracts let for the Project and/or the Work shall contain all required E-Verify and Title VI requirements under applicable law. 8. Cooperation, Each Party shall, at the request of the other, make, execute and deliver or obtain and deliver all instruments and documents and shall do or cause to be done all such other things which either Party may reasonably require to effectuate the provisions and intention of this Agreement. 9. Authority to Execute. Each of the individuals executing this Agreement on behalf of his orl her respective Party agrees and represents that he or she is authorized to do sO and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or board in accordance with all applicable laws and spread upon the minutes thereof. 4 Exhibit "A" 10. Force Maieure. In case by reason of force majeure, any Party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement, then if such Party shall give notice and full particulars of such force majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on, the obligation of the Party giving such notice, SO far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period. Such Party shall endeavor to remove or overcome such inability with all reasonable dispatch, The term "force majeure," as employed herein, shall mean (a) any cause beyond the Party's reasonable control; (b) any act(s) of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) strikes, lockout(s) or other labor disputes or industrial disturbance(s); (e) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, pandemiclepidemic, invasion or act(s) of a public enemy; (f) order(s) of any kind of the Government oft the United States ort the State ofGeorgia or any civil or military authority; and (g) natural disaster, catastrophe, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, or explosions, or breakage or accidents outside the Party's control which prevent performance under this Agreement. 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces any and all other agreements, either oral ori in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter ofthis Agreement not contained in this Agreement shall be valid or binding, This Agreement may be modified or amended only by a written document signed by representatives of all Parties with appropriate authorization. 12. Waiver. No failure by either Party to enforce any right or power granted under this Agreement, or to insist upon strict compliance, and no custom or practice of either Party at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect a Party's right to demand exact and strict compliance with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated, 13. Severability. Should any provision of this Agreement or application thereofto any person or circumstance be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to any person or circumstance, other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the full extent permitted by law. 14. Agreement Jointly Drafted by the) Partics. Each Party represents that it has reviewed and become familiar with this Agreement and has notified the other Party ofany discrepancies, 5 Exhibit "A" conflicts or errors herein. The Parties agree that, if any ambiguity 01 question of intent or interpretation arises, this Agreementi is to be construed as ifthe Parties had drafted itjointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 15. Records. Each Party shall maintain records relating to matters covered by this Agreement as required by law and by any additional requirements in this Agreement. Such records shall be maintained for at least a period of three (3) years following the termination or expiration of this Agreement. 16. Notices. All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been properly given or served and shall be effective on being deposited or placed in the United States mail, postage prepaid and registered or certified with return receipt requested to the addresses appearing below, or when delivered by hand to the addresses indicated below: Ifto Dawsonville: Ifto Dawson: City of Dawsonville, Georgia Dawson County, Georgia Administrative Offices Administrative Offices 415 Highway 53 East, Suite 100 25 Justice Way Dawsonville, GA 30534 Dawsonville, GA 30534 ATTN: City Manager ATTN: County Manager 17. Settlement Agreement Satisfaction. The Parties hereto agree that Dawson's obligations regarding the repaving of Shoal Creek Road as described under that certain Settlement and Release Agreement effective on May 20, 2021, a copy of which is attached hereto marked "Exhibit A," including the timing requirements stated therein, shall be fully and finally satisfied upon completion of the Project described herein. [SIGNATURES BEGIN ON NEXT PAGE] 6 Exhibit "A" IN WITNESS WHEREOF, the Parties hereto, acting by and through their duly authorized officials and officers pursuant to appropriate ordinances and resolutions hereinbefore duly and properly adopted by each, have caused this Agreement to be executed in duplicate counterparts and the official seals of each Party properly affixed, each delivering to the other one of said duplicate counterparts, the day and year first above written. CITY OF DAWSONVILLE, GEORGIA, DA WSON COUNTY, GEORGIA, by and by and through its City Council through its Board of Commissioners By: By: John Walden, Mayor Billy Thurmond, Chairman baus Attest: Attest: luras Bagc Beverly y. lerk Kristen Cloud, County Clerk DALI 7 64914 KN Approved as to Form. y a Approved as to Forn 46) caglabay City Attorney County ttorney' 7 Exhibit "A" EXHIBIT A SETTLEMENT AND RELEASE AGREEMENT 8 Exhibit "A" SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereinafter, the "Agreement")i is made and entered into this 20 day of Mat 2021, by and between Dawson County, Georgia (hereinafter the "County"), a political subdivision ofthe State ofGeorgia, and the City ofDawsonville, Georgia (the "City"), a municipal corporation (County and City, collectively, the "Parties"). RECITALS WHEREAS, City has asserted claims against County relating to the SPLOST approved by voters on March 16, 2021 (the "SPLOST") and filed a lawsuit in Dawson County Superior Court 2021-cv-0151) to challenge the SPLOST (the "Lawsuit"); WHEREAS, County denies the validity of such claims, has asserted the legality of the SPLOST, and has filed ai motion to dismiss the Lawsuit; and WHEREAS, rather than litigate the validity of the claims, the Parties desire to fully and finally settle any claims, as well as all remaining differences, legal disputes, claims, actions, causes of action, charges, or complaints between and among them, arising out of the SPLOST. NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the signatures below, and intending to be legally bound, the Parties hereby agree as follows: I. NO ADMISSION OF LIABILITY The execution ofthis Agreement and the consideration given by each Party hereunder shall not be deemed to be an admission of liability or wrongdoing by any of the Parties, and each Party expressly denies for itself any liability or wrongdoing. Notwithstanding the foregoing, the City shall issue a press release wherein it states the following concepts: (1) the City in good faith challenged certain aspects ofthe SPLOST; (2) the County in good faith asserted the validity ofthe SPLOST and filed a motion to dismiss the Lawsuit; and (3) that in order to move thel best interests of the citizens of Dawson County and the City of Dawsonville forward, the City and County worked together to reach an agreement that allows their dispute to end and the SPLOST to go forward without any further challenge. The County may join in the City's press release, or may issue its own addressing the same points. II. COUNTY PROJECTS The County shall develop the following projects in accordance with the provisions set forth below. The County may use SPLOST funds or other available funds to complete the projects. Exhibit "A" A. Road Repaving, The County shall repave the following roads as part of its road and culvert improvements projects: i. Shoal Creek Road from the Historic Courthouse to State Route 136. This improvement shall be completed within the time provided for completion of projects under the SPLOST. ii. Burt Creek Road from State Route 136 to the Dawson County/Lumpkin County line. This improvement shall be completed within two calendar years from execution of this Agreement. B, Sheriff Patrol Vehicles. The City, the Dawson County Sheriff, and the County are finalizing a separate IGA (the "SheriffIGA"): for the City to fund certain aspects of the law enforcement budget sO as to provide additional services for the incorporated area of Dawson County. The Sheriff IGA contemplates the addition of two Sheriff's deputies to serve the incorporated area of Dawson County. Based on the requirement that SPLOST funds must be spent on capital assets, the County shall fund the one-time purchase of the fixed (capital) assets necessary to initially equip the two deputy positions contemplated by the Sheriff IGA, consisting of: two patrol vehicles for use by the Dawson County Sheriff, and the uniforms, vests, body cameras, firearms, and similar capital equipment associated with the two deputy positions. Iti is understood by the Parties that the County's requirement to fund expenses under this paragraph is contingent upon the City, the Dawson County Sheriff, and the County finalizing and entering into the Sheriff IGA. In the event the Agreement between the City, the Dawson County Sheriff and the County is not entered into by the Parties, the County's obligations under this provision shall cease. C. Contribution Toward Mutually Beneficial Projects. The County shall contribute $125,000.00 toward any City project or projects which reasonably benefit the citizens ofboth the City and the unincorporated County. By way ofe example and not limitation, it would not be appropriate to utilize the funds provided for in this paragraph in order to resurface a street within a residential subdivision development. The County shall fund such project(s) as a reimbursement of incurred costs. The City may request County confirmation that the particular project(s) selected by the City are consistent with this paragraph, which confirmation shall not be unreasonably withheld or delayed. Reimbursement will be made within thirty (30) days ofreceipt ofinvoices for incurred costs. 2 Exhibit "A" III. IGA FOR PARKING The City and County will enter into an IGA, wherein the County shall make County-owned parking lots within the City available for City uses after-hours and on weekends. This will apply to parking spots at all County facilities in Dawsonville, including any future County facilities (e.g. Health Department) that may, in the County's discretion, be constructed within the corporate limits of the City of) Dawsonville. The term of the IGA shall be for the term of SPLOST VII, with an option to renew (upon approval by both parties) for additional terms of five years after the initial term. The IGA shall include reasonable notice requirements when either party has a major event that would require significant parking needs, and City must promptly clean up the parking lot after its major events. Nothing in the IGA will prevent the County from relocating or modifying any facility or parking area in its sole discretion. IV. IGA FOR SPLOST The Parties agree to enter into a SPLOST Intergovernmental Agreement ("SPLOST Agreement"), promptly after approval of this Agreement, reflecting the SPLOST that was approved by voters on March 16, 2021, The Agreement will also specify that after the colléction of the first $8,500,000.00 (to be used for Level II County Wide Projects), the City shall receive the next $1,500,000.00, which amount shall be counted towards its overall 12% of the SPLOST proceeds after the collection of the $8,500,000.00. The IGA shall provide, after the City has received its $1,500,000.00, for the County to have an accelerated payment period, wherein the collections are balanced to the City/County respective 12%/88% parameters, and after such balance is achieved, the remainder of the SPLOST proceeds will be collected based upon those same percentages (12% and 88%). V. RELEASE AND DISMISSAL OF LAWSUIT With the execution of this Agreement and the separate IGAs called for in paragraphs III and IV, except for the County's obligations set forth in this Agreement, City, on behalf of itself and its agents, assigns, employees, and officers, does hereby forever release and discharge the County and each of its agents, assigns, employees, and officers, and any others who may have acted in concert with the County, from any and all charges, complaints, claims, counterclaims, third-party claims, liabilities, obligations, promises, agreements, controversies, demands, damages, expenses, actions, causes of action or suits of any kind or nature, known or unknown, direct or indirect, arising out of the SPLOST, including without limitation any claim that the SPLOST is invalid or improper, that the County violated any of the City's rights in connection with the SPLOST, or that the City is entitled to any share ofSPLOST proceeds not set forth in the SPLOST Agreement. (Nothing herein shall constitute a waiver or release ofany claim by the City that the County has not complied with the terms of the SPLOST Agreement or this Settlement Agreement.) Within three business days after complete execution ofthis Agreement and the IGAS called for in paragraphs III and IV, the City shall dismiss the Lawsuit with prejudice and file an accompanying final case disposition form. Each Party shall bear its own legal fees and costs associated with the Lawsuit and the negotiation of this Agreement. VI. MISCELLANEOUS PROVISIONS 3 Exhibit "A" A. Effective Date This Agreement shall become effective immediately upon the execution of this Agreement by all Parties hereto. B. Entire Agreement This Agreement contains the entire agreement of the Parties and no waiver, modification, or amendment ofthis Agreement shall be valid unless iti is by an express writing and signed by the Parties. C. Construction of Agreement The Parties acknowledge and agree that this Agreement and the full and final settlement memorialized herein have been negotiated between and among the Parties. In the event of a dispute about the meaning, construction, or interpretation of this Agreement, no presumption shall apply so as to çonstrue thel language ofthe Agreement for or against either Party. This Agreement shall be binding upon and inure to the benefit of all of the Parties and upon their administrators, representatives, executors, successors and permitted assigns. This Agreement may be executed in multiple counterparts and all such counterparts shall be taken together so that they may constitute a completely executed agreement among the Parties. This Agreement shall not be construed to confer upon any third person or entity not a Party any rights or privileges, or to impose upon any of the Parties any obligations or responsibilities to third persons or entities not Parties. If any provision of this Agreement is held to be illegal or invalid in any suit, action or proceeding by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted for purposes of such suit, action or proceeding only, unless otherwise ordered by such court, and neither such provision nor its severance and deletion shall affect the validity of the remaining provisions. D. Authority to Sign The individuals signing this Agreement hereby represent and warrant that he/she has all of the requisite power, authority and competency to execute and enter into the Agreement for the Party represented. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all ofwhich shall constitute one and the same agreement. IN WITNESS WHEREOF, City and the County have executed this Agreement, effective as of the date first above written, [SIGNATURES ON FOLLOWING PAGES] 4 Exhibit "A" City afPysonvill-eorgiha: Mike Eason Mayor Attesks, dahaug Print Name - y - A. Banisler Its: City Clerk S Dawson County, Georgia: Billy Thurmond Chairman, Board of Commissioners Attest: BibChw By: Kasken Clsud Its: County Clerk 5 Exhibit "A"