CITY OF HOSCHTON CITY COUNCIL THURSDAY, MAY 15, 2025, AT 6:00PM HOSCHTON COMMUNITY CENTER - - H 65 CITY SQUARE, HOSCHTON HOSCHTON REGULAR SESSION AGENDA CALL TO ORDER INVOCATION/ MOMENT OF SILENCE PLEDGE OF ALLEGIANCE AGENDA APPROVAL MINUTE APPROVAL April 10, 2025 - Work Session Minutes April 17, 2025 - Regular Session Minutes NEW BUSINESS 1. Z-25-01 Rezoning: Applicant, SEK Hoschton, LLC, seeks rezoning from C-2 (General CommerciaV/Higrway Oriented District to a C-3 Commercial Motor Vehicles Services and Repair District. Portion of Parcel 120 013K & H01 024D; Lots 11 & 12 per Towne Center Marketplace Preliminary Plat Approved on 04/23/24. Lot 11: 1.32 acres; Lot 121.06 acres. Lot 11: Car Wash; Lot 12: Auto Service. Lot 11 & Lot 12: Commencing at the mitered intersection of the southerly right-of-way of Towne Center Parkway (60' right-a-way) and the easterly right-a-way of Georgia Highway 53 (right-of-way width varies). (Tabled on March 26, 2025, by Planning and. Zoning Commission, Voted by Planning and Zoning Commission on April 23, 2025, recommendation for approval from Planning and Zoning Commission. Staff recommendation for approval) 2. Resolution 2025:13- Road Closure for Depot Event (Railroad Ave) May 17, 2025, for a Special Event Hosted by The Depot 3. IGA - T-SPLOST- Intergovernmental Agreement Between Jackson County, Georgia, The Cities Of Arcade, Commerce, Hoschton, Jefferson, Maysville, Nicholson, Pendergrass And Talmo, And The Town Of Braselton For The Jackson County 2025 Transportation Special purpose local option sales tax. 4. Special Alcohol License Permit - Requested by Pasta Master, CASA, Four Brothers at Train Depot, Sliced Pizza 5. Resolution 2025:14: Town of Braselton - Road Signage Request on Henry Street 6. Water Vault Easement - McDonalds ADJOURN Upcoming Events & Public Meetings: May 22th @ 3:00pm Historic Preservation Committee Meeting May 28th @ 6:00pm Planning & Zoning Commission Meeting June 7th @ 11:00am Spring Festival (City Square) CITY OF HOSCHTON CITY COUNCIL E - THURSDAY, APRIL 10, 2025, AT 6:00PM HOSCHTON COMMUNITY CENTER - - 65 CITY SQUARE, HOSCHTON HOSCHTON WORK SESSION MINUTES CALL TO ORDER at 6pm by Mayor Debbie Martin INVOCATION/ MOMENT OF SILENCE By Councilmember. James Lawson PLEDGE OF ALLEGIANCE by Mayor Debbie Martin AGENDA APPROVAL Motion for agenda approval with no changes by. Jackson, seconded by Lawson and all in favor. REPORTS BY MAYOR, COUNCIL, & STAFF Provided in packet for review OLD BUSINESS None NEW BUSINESS 1. 2024 Annual Audit Presentation Auditor presented a drafted copy for Mayor and Council to review for Y2024. 2. Resolution 2025-10: Approving the amendment of the Fiscal Year 2024. Amendment for American Rescue Plan. Funds were used for Water. Line Upgrade project 3. Resolution 2025-11: Approving the amendment of the Fiscal Year 2024 Impact Fee Budget. To amend impact fee funding to reflect buying property. 4. Resolution 2025-12: Use of Public Roads during Spring Festival; June 7, 2025. To close down City Square during spring festival 5. Final Plat, Cresswind, Phase 6A: Rochester DDCM, the applicant, and KH Twin Lakes, LLC., the property owner, for 47 lots on 34.036 acres fronting on the south side of Peachtree and including the dedication of 2,343 liner feet of water line and 5,340 linear feet of sanitary sewer within easements or within street rights of Geneva Way and Tellico Court. (Planned Unit Development Conditional zoning). Staff recommendation is for approval. CITIZEN INPUT None EXECUTIVE SESSION (If needed) Motion to go into executive session for real estate by Martin, seconded by Sterling and all in favor. Motion to go out of executive session by Lawson, seconded by D. Brown and all in favor. ADJOURN Motion to adjourn by Lawson, seconded by D. Brown and all in favor at 6:55pm Members Present: Debbie Martin, Mayor David Brown, Councilmember Christina Brown, Councimember Scott Courter, Councilmember James Lawson, Councilmember Fredria Sterling, Mayor Pro-Tem Jonathan Jackson, Councilmember Also Present: Jennifer Harrison, City Manager Tiffany Wheeler, Finance Director Ben Munro, Media CITY OF HOSCHTON CITY COUNCIL - THURSDAY, APRIL 17, 2025, AT 6:00PM HOSCHTON COMMUNITY CENTER H 65 CITY SQUARE, HOSCHTON HOSCHTON REGULAR COUNCIL MEETING MINUTES CALL TO ORDER at 6pm by Mayor Martin INVOCATION/ MOMENT OF SILENCE Led by City Manager, Jennifer Harrison PLEDGE OF ALLEGIANCE Led by Mayor Martin AGENDA APPROVAL Councilmember Courter motion that we add a temporary alcohol special event permit to the agenda to reflect as Line Item #5. Seconded by D. Brown all in favor. COUNCIL MINUTE APPROVAL March 13, 2025: Public Hearing Minutes March 13, 2025: Work Session Meeting Minutes March 17, 2025: Regular Council Meeting Minutes Motion to approve all minutes with no changes by T. Brown, seconded by Courter and all in favor. OLD BUSINESS 1. Bid 2025-002: Demoution of home at Mulberry Park Motion to approve Complete Demolition Services to conduct demo for $39,399.00 NEW BUSINESS 1. Resolution 2025-10: Approving the amendment of the Fiscal Year 2024 American Rescue Plan Motion to approve as is by D. Brown, seconded by Courter and all in favor 2. Resolution 2025-11: Approving the amendment of the Fiscal Year 2024 Impact Fee Budget Motion to approve as is by D. Brown, seconded by Courter and all in favor 3. Resolution 2025-12: Use of Public Roads during Spring Festival; June 7, 2025. Motion to approve as is by T. Brown, seconded by Courter and all in favor 4. Final Plat, Cresswind, Phase 6A: Rochester DDCM, the applicant, and KH Twin Lakes, LLC., the property owner, for 47 lots on 34.036 acres fronting on the south side of Peachtree and including the dedication of 2,343 liner feet of water line and 5,340 linear feet of sanitary sewer within easements or within street rights of Geneva Way and Tellico Court. (Planned Unit Development Conditional zoning). Motion to approve as is by Martin, seconded by D. Brown and all in favor. 5. Temporary Alcohol Special Event Permit for Petting Zoo / Movie on the green space of Meek Reality on the corner of Highway 53 and West. Jefferson for May 23, June 13, July 11 and August 22nd. All events are from 7pm-10pm. The Depot by Four Brothers will host the alcohol. Motion to approve by Courter, seconded by T. Brown and all in favor. ADJOURN Motion to adjourn by Courter, seconded by D. Brown and all in favor at 6;06pm. Members Present: Debbie Martin, Mayor David Brown, Councilmember Christina Brown, Councilmember Scott Courter, Councimember James Lawson, Councilmember Fredria Sterling, Mayor Pro-Tem Jonathan Jackson, Councitlmember Also Present: Jennifer Harrison, City Manager Tiffany Wheeler, Finance Director Ben Munro, Media CITY OF HOSCHTON COUNTY OF JACKSON STATE OF GEORGIA ORDINANCE NO. Z-25-01 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HOSCHTON, ADOPTED AS PART OF THE HOSCHTON ZONING ORDINANCE WHEREAS, City of Hoschton, applicant, SEK Hoschton, LLC property owner, has applied for rezoning oflot 11 and lot 12 oft the preliminary plat of Kroger development. Both lots front Peachtree Exchange Road. WHEREAS, the Property to be rezoned consists of all that tract or parcel ofl land lying and being in Jackson County Georgia, consisting of Lot 11 (120 013K): 1.32 acres; Lot 12 (H01 024D): 1.06 acres; Total: 2.38 acres). WHEREAS, the Applicant has applied for rezoning ofthe property in the City ofHoschton from C-2 (General Commercial Highway Oriented District) to C-3 (Commercial Motor Vehicles Services and Repair District), to modify certain zoning conditions. WHEREAS, the City Council ofthe City of Hoschton has authority pursuant to the Hoschton Zoning Ordinance to amend the City of Hoschton's s Official Zoning Map; and WHEREAS, the city's planning consultant has prepared a report evaluating the criteria for zoning decisions as they pertain to the requested zoning and finds that the application meets the vast majority of criteria, including compatibility with surrounding properties if approved with conditions; and WHEREAS, an advertised public hearing before the Hoschton Planning Commission was held on the requested zoning; and WHEREAS, the Hoschton City Council held an advertised public hearing on the application and have complied with all applicable laws and ordinances with respect to the processing of such application; and WHEREAS, it has been determined by the City Council that it is desirable, necessary and within the public's interest to approve the institutional zoning classification as applied to the subject property and to amend the City ofl Hoschton's Official Zoning Map accordingly. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF HOSCHTON AS FOLLOWS: Section 1. The Property, legally described in Exhibit A attached to this ordinance, is hereby rezoned to modify certain zoning conditions. 1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY REZONED Property to be rezoned consists of all that tract or parcel ofland lying and being in Jackson County Georgia, consisting of Lot 11 (120 013K): 1.32 acres; Lot 12 (HO1 024D): 1.06 acres; Total: 2.38 acres). Location of Property # VIRI MAE 4 - E AL a 6 3 a Preliminary Plat R Tax Map 1 of 2 Tax Map 2 of 2 2 EXHIBIT B CONDITIONS OF ZONING APPROVAL (Z-25-01) 1) Overnight, outdoor parking shall be limited to 72 hours. 2) Land development and landscaping techniques shall screen major activities from Hwy 53 and Cambridge at Towne Center townhomes. 3) Dryers for car wash shall be limited to 65 decibels at the property line 4) Car wash shall be equipped with a water filtration and reclamation system. 5) Hours of operation shall be limited to between 7 AM and 9 PM 6) Servicing (emptying) dumpsters shall occur within business hours. 7) Outdoor storage areas shall be prohibited. Section 2. The City Clerk is hereby directed to amend the Official Zoning Map to reflect C3. SO ORDAINED THIS 15th DAY OF MAY, 2025 Debbie Martin, Mayor ATTEST: Jennifer Kidd-Harrison, City Clerk Approved as to Form: Abbott S. Hayes, Jr., City Attorney 3 CITY OF HOSCHTON STATE OF GEORGIA RESOLUTION 2025-13 A RESOLUTION AUTHORIZING THE CLOSURE OF A PUBLIC ROAD DURING PROS AT THE DEPOT WHEREAS, the City of Hoschton is sponsoring Pros at the Depot to provide recreational opportunities for the citizens of Hoschton and surrounding areas. NOW, THEREFORE, BE IT RESOLVED that Railroad Avenue will be closed for this event beginning Friday, May 16, 2025 at 12:00am until Saturday, May 17, 2025 at 12:00am. sO RESOLVED, this 15th day of May, 2025. Debbie Martin, Mayor This is to certify that I am City Clerk of the City of Hoschton. As such, 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 Harrison, City Clerk Draft Prupised INTERGOVERMMENTAL AGREEMENT BETWEEN JACKSON COUNTY, GEORGIA, THE CITIES OF ARCADE, COMMERCE, HOSCHTON, JEFFERSON. MAYSVILLE, NICHOLSON, PENDERGRASS AND TALMO.AND THE TOWN OF BRASELTON FOR THEJACKSON COUNTY 2025 TRANSPORTATION SPECIAL PURPOSE LOCAL OPTION SALES TAX THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "Agreement") is entered into, effective as of this day of 2025, by and between JACKSON COUNTY, GEORGIA, a political subdivision of the State of Georgia (the "County"), the cities of ARCADE, COMMERCE, HOSCHTON, JEFFERSON, MAYSVILLE, NICHOLSON, PENDERGRASS and TALMO, municipalities of the State of Georgia located in the County (hereinafter individually referred to as the "City" and collectively referred to as the "Cities"), and the Town of Braselton, a: municipality ofthe State of Georgia located in the County (hereinafter the "Town"). WITNESSETH: WHEREAS, Article IX, Section III, Paragraph I of the Georgia Constitution authorizes the entry ofintergovemmental agreements by counties and municipalities for the provision of services, activities, and facilities which the contracting parties are authorized by lawto undertake or provide; WHEREAS, O.C.G.A. $ 48-8-260, et seg. (hereinafter the "Act"), authorizes the levy of a one percent Transportation Special Purpose Local Option Sales Tax (hereinafter "TSPLOST") within the special district which is coterminous with the boundaries of the County (hereinafter "Special District") upon the approval oft the voters therein; WHEREAS, the Cities and the Town constitute all of the qualified municipalities located within the Special District; WHEREAS, the County is not located within a special district levying a special sales and use tax pursuant to Article 5 of Chapter 8 of Title 48 ofthe Official Code of Georgia; WHEREAS, the County is not located in a region oft the State wherein a referendum on a special sales and use tax under Article 5 of Chapter 8 of Title 48 of the Official Code of Georgia has been proposed, as defined by O.C.G.A. 48-8-262(a)(1); WHEREAS, a tax is currently being levied and collected in the County pursuant to Part 1 of Article 3 of Chapter 8 ofTitle 48 ofthe Official Code of Georgia; WHEREAS, the County is not a Metropolitan County Special District as defined in and governed by Part 2 of Article 5a of Chapter 8 of Title 48 oft the Official Code of Georgia; WHEREAS, the County, the Cities, and the Town desire for the County to submit to the voters thereof on November 4, 2025 the question of whether to impose a one percent TSPLOST in the Special District beginning on April 1, 2026 (hereinafter the 2025 TSPLOST"); 1 WHEREAS, the Act authorizes the County, the Cities, and the Town to enter into intergovernmental agreement in order, among other things, to memorialize their an imposition of the 2025 TSPLOST and the rate of said tax, to establish the distribution agreement to the proceeds oft the 2025 TSPLOST, and to establish the transportation of the be funded with said proceeds; purposes and projects that will WHEREAS, on the County, the Cities, and the Town met to discuss imposition of the 2025 TSPLOST, the rate of said tax, the allocation of the the and possible transportation purposes and projects to be funded from the proceeds therefrom, pursuant to O.C.G.A. S 48-8-262(a)(2); proceeds therefrom, WHEREAS, said meeting between the County, the Cities, and the Town a written notice ofthe date, time, place, and purpose of said was preceded by the County to the mayor of each ofthe Cities and meeting being mailed or delivered by each the Town such that said notice was mayor at least ten days prior to said meeting, pursuant to O.C.G.A. received by $ 48-8-262(a)(2); and WHEREAS, the County, the Cities, and the Town desire to enter into this the imposition of the 2025 TSPLOST, the rate thereof, the allocation of the Agreement for and the identification of the transportation and proceeds therefrom, purposes projects to be funded therefrom. NOW THEREFORE, in consideration of the mutual promises and this Agreement, and for good and valuable understandings made in hereby acknowledged, the consideration, the receipt and sufficiency of which is County and the Cities consent and agree as follows: SECTION 1 REPRESENTATIONS OF THE CITIES Each ofthe Cities and the Town hereby represents that: (a) It is a municipal corporation as defined by law and judicial and a "qualified municipality" as such term is defined in the Act and has interpretation been authorized to execute and deliver this Agreement and to perform its obligations duly and such authorization has not been revoked or rescinded. hereunder, (b) The execution and delivery of this Agreement by the City or Town, and the performance ofits obligations hereunder, does not violate any provision ofthe Constitution or laws of the State of Georgia or any order, rule or regulation of governmental any judicial or agency binding on the City or Town, or violate or constitute a breach of or default under any agreement, contract, instrument, ordinance or other resolution ofthe a or Town or by which the City or Town is bound. City (c) To the knowledge of the City or Town, there is no litigation threatened challenging the existence or ofthe pending or powers City or the Town or the ability of the City or the Town to enter into this Agreement, or seeking to restrain or enjoin the the Town from entering into this City or Agreement or acquiring, constructing or installing any of 2 the transportation purposes or projects of the City or Town sought to be financed from the proceeds of the 2025 TSPLOST. SECTION2 REPRESENTATIONS OF THE COUNTY The County hereby represents that: (a) It is a political subdivision of the State of Georgia and has been duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, and such authorization has not been revoked or rescinded. (b) The execution and delivery of this Agreement by the County, and the performance ofits obligations hereunder, does not violate any provision ofthe Constitution or laws of the State of Georgia or any order, rule or regulation of any judicial or governmental agency binding on the County, or violate or constitute al breach ofor a default under any agreement, contract, instrument, ordinance or other resolution of the County or by which the County is bound. (c) To the knowledge ofthe County, there is no litigation pending or threatened challenging the existence or powers of the County or the ability ofthe County to enter into this Agreement, or seeking to restrain or enjoin the County from entering into this Agreement, imposing the 2025 TSPLOST or acquiring, constructing or installing any of the transportation purposes or projects of the County sought to be financed from the proceeds of the 2025 TSPLOST. SECTION: 3 EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall commence upon the date that it is last signed by a party hereto and shall terminate upon the earlier of: (a) The failure of the referendum election described in this Agreement, (b) The expenditure ofthe last dollar ofr money collected from the 2025 TSPLOST after its expiration; or (c) The passage of fifty (50) years from the date of the commencement of this Agreement. SECTION 4 REFERENDUM ELECTION! FOR IMPOSITION OF TSPLOST 4.1 The County agrees that it will take all actions necessary to cause to be called a referendum election, to be held in all the voting precincts in the County, on the 4th day of 3 November, 2025 for the purpose of submitting to the qualified voters of the County for their approval, the question of whether or not a Sales and Use Tax of one percent shall be imposed on all sales and uses in the Special District, as authorized by the Act, for six years to raise approximately $200,000,000.00 for transportation purposes. The distribution ofthe proceeds from said 2025 TSPLOST, the transportation purposes and projects for which said funds are to be expended, and the estimated amount of the 2025 TSPLOST to be allocated to each such transportation purpose and project are set forth on Schedule A to this Agreement. 4.2 The County, the Cities, and the Town agree to the imposition of said 2025 TSPLOST, the holding of said referendum election, and the distribution and uses of the proceeds of the 2025 TSPLOST set forth herein. SECTION5 CONDITIONS PRECEDENT The obligations of all parties under this Agreement are conditioned upon the following events: (a) The adoption of a resolution by the Board of Commissioners of Jackson County authorizing the imposition ofthe 2025 TSPLOST and directing the Jackson County Board of Elections and Registration to call the referendum election described herein. (b) The calling by the Jackson County Board of Elections and Registration of the referendum election described herein. (c) The approval of the imposition of the 2025 TSPLOST by a majority of the voters in the County voting in the referendum election. SECTION 6 PROCEEDS AND TERM 6.1 Upon the approval ofthe Jackson County voters, the 2025 TSPLOST tax referenced herein will be collected beginning on April 1, 2026 and terminating on March 31, 2032. 6.2 The proceeds from the 2025 TSPLOST shall be used by the County, the Cities, and the Town exclusively for the transportation purposes specified in the resolution of the County calling for the imposition ofthe 2025 TSPLOST, except as otherwise provided by law. 6.3 A list of the transportation purposes and projects proposed to be funded by the proceeds of the 2025 TSPLOST and the estimated or projected dollar amounts for each such transportation purpose and project is set forth on Schedule A hereto. 4 6.4 The list of transportation purposes and projects set forth reflects the expenditure of at least 30 percent of the estimated in Schedule A hereto on projects consistent with the State-wide revenue from the 2025 TSPLOST $ 32-2-22(a)(6). Strategic Transportation Plan, as referenced in O.C.G.A. 6.5 The County shall create and maintain a separate bank account County's proceeds of the 2025 TSPLOST shall be maintained until in which the herein. The proceeds of the 2025 TSPLOST received the disbursed as provided for all other funds of the County and shall not be by County shall be kept separate from create and maintain a separate bank account in commingled therewith. Each City and Town shall oft the 2025 TSPLOST shall be which that City's and Town's share ofthe proceeds the 2025 TSPLOST received maintained until disbursed as provided for herein. The proceeds of by each City or Town shall be such City or Town and shall not be kept separate from all other funds of commingled therewith. 6.6 The County shall receive from the Georgia Department of Revenue "DOR") all proceeds ofthe 2025 TSPLOST, other than the amount (hereinafter the state treasury pursuant to O.C.G.A. $ paid into the general fund of 48-8-267(a)(1). 6.7 Upon the receipt by the County ofthe proceeds of the 2025 the DOR, the County shall immediately deposit said TSPLOST collected by account created proceeds in the County's separate bank pursuant to this Section. Within ten (10) business days after the of said proceeds, the County shall disburse to the Cities and Town their County's receipt proceeds pursuant to Section 7 of this Agreement. Should respective shares of said legal entity before all proceeds of the 2025 any City or Town cease to exist as a TSPLOST are distributed under this City's or Town's share oft the proceeds subsequent to dissolution shall be Agreement, that shall become part of the County's share of the paid to the County and proceeds unless an act of the Assembly makes the defunct City or Town part of another Georgia General is passed, the defunct successor city or town. If such an act City's or Town's share shall be paid to the successor to all other funds to which the successor city or town in addition city or town would otherwise be entitled. 6.8 The proceeds of the 2025 TSPLOST shall be maintained utilized exclusively for the purposes specified for such funds. in separate accounts and 6.9 The transportation purposes and projects included in this funded from the proceeds of the 2025 TSPLOST, Agreement shall be parties hereto. except as otherwise agreed in writing by the SECTION 7 SCHEDULE OF DISBURSEMENTS 7.1 Within ten (10) days after the County's monthly receipt from proceeds of the 2025 TSPLOST, the County shall disburse said the DOR of the percentages: proceeds pursuant in the following 5 Jurisdiction Percentage Jackson County 71.3% Arcade 2.2% Braselton 2.5% Commerce 7.4% Hoschton 2.3% Jefferson 10.1% Maysville 1.0% Nicholson 1.9% Pendergrass 0.8% Talmo 0.5% 7.2 Said funds shall be disbursed in said percentages until the expiration or termination of the 2025 TSPLOST. The County and each of the Cities and Town shall use their respective shares ofthe proceeds ofthe 2025 TSPLOST for the transportation purposes and projects identified for each on Schedule A hereto. SECTION 8 COUNTY AND CITIES NOT LIABLE FOR INSUFFICIENT PROCEEDS 8.1 Should the proceeds generated by the 2025 TSPLOST be insufficient to complete the transportation purposes and projects listed on Schedule A hereto, the County, Cities, and Town shall have no obligation to pay additional funds from sources other than the 2025 TSPLOST for the completion of any of the same. 8.2 The County and each of the Cities and Town shall not be obligated to pursue such jurisdiction's transportation purposes and projects set forth on Schedule A to the extent that such jurisdiction's share of the proceeds from the 2025 TSPLOST is insufficient to complete all of the same. In such event, the governing body ofs suchjurisdiction may elect to not pursue certain ofthe transportation projects and purposes set forth on Schedule A fort that jurisdiction, or to modify such projects and purposes to the extent necessary to remedy such shortfall. 6 SECTION9 RECORDKEEPING. AUDITS, AND REPORTS 9.1 The governing authorities of the County, the Cities, and the Town shall each maintain a record of each and every purpose/project for which the proceeds ofthe 2025 TSPLOST are used. A schedule shall be included in the annual audit oft the County and of each of the Cities and Town setting forth the County's, City's, or Town's transportation purposes/projects to be funded by the proceeds of the 2025 TSPLOST and for each such transportation purpose/project shall set forth: the original estimated cost, the current estimated cost if different than the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditors for the County and for each City and Town shall verify and test expenditures in a manner sufficient to assure that the schedule is fairly presented in relation to the financial statements. The auditors' reports on the financial statements of the County and each of the Cities and Town shall include an opinion, or a disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. 9.2 The governing authority ofthe County and of each of the Cities and Town shall, by no later than December 31 of each year, publish in the Jackson Herald the report required by O.C.G.A. $ 48-8-269.6. SECTION 10 COMPLETION OF PROJECTS AND EXCESS FUNDS 10.1 The County, Cities, and Town acknowledge that the costs shown for each transportation purpose and project described on Schedule A are estimated amounts. 10.2 If a transportation purpose or project of the County has been satisfactorily completed at an actual cost less than the estimated cost listed for that project in Schedule A, the County may apply the remaining unexpended County proceeds of the 2025 TSPLOST allocated to such purpose or project to any other County transportation project(s) or purpose(s) as listed in Schedule A. Any County proceeds oft the 2025 TSPLOST in excess oft the total actual costs ofthe County transportation projects and purposes listed on Schedule A hereof shall be used solely for the purpose of reducing County debt and, if such excess proceeds exceed the outstanding indebtedness of the County, then such excess proceeds shall be paid into the general fund of the County for the purpose of reducing ad valorem taxes. 10.3 If a transportation purpose or project of a City or Town has been satisfactorily completed at an actual cost less than the estimated cost listed for that project in Schedule A, that City or Town may apply its remaining unexpended proceeds of the 2025 TSPLOST allocated to such purpose or project to any other transportation project(s) or purpose(s) of that City or Town as listed in Schedule A. Any of that City's or Town's proceeds of the 2025 TSPLOST in excess of the total actual costs of that City's or Town's transportation projects and purposes listed on Schedule A hereof shall be used solely for the purpose ofreducing that City's or Town's debt and, ifsuch excess proceeds exceed the outstanding indebtedness ofthat City or Town, then such excess proceeds shall be paid into the general fund of that City or Town for the purpose of reducing ad valorem taxes. 7 SECTION 11 NO GENERAL OBLIGATION DEBT No general obligation debt is to be issued in conjunction with the imposition of the 2025 TSPLOST. SECTION 12 ENTIRE AGREEMENT This Agreement, including Schedule A, constitutes all of the understandings and agreements existing between the County, the Cities, and the Town with respect to use of the proceeds from the 2025 TSPLOST. This Agreement supersedes all prior agreements, negotiations and communications of whatever type, whether written or oral, between the parties hereto with respect to the 2025 TSPLOST. This Agreement shall not be amended or modified except by agreement in writing executed by the governing authorities ofthe County, the Cities, and the Town. SECTION 13 GOVERNING LA W This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia. SECTION 14 AUTHORITY Each of the signatories below represents that he or she has the authority to execute this Agreement on behalf of the party for which he or she has signed it. SECTION 15 SEVERABILILTY Should any provision of this Agreement be held invalid or unconstitutional, the remainder ofthe Agreement shall remain in full force. SECTION 16 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. 8 SECTION 17 NOTICES All notices given pursuant to this Agreement shall be in writing and shall be deemed to have been given upon being sent by United States certified mail, return receipt requested, and postage prepaid, addressed as set forth below: (a) As to Jackson County: Jackson County Board of Commissioners Attention: Chairman 67 Athens Street Jefferson, GA 30549 (b) As to the City of Arcade: City of Arcade Attention: Mayor 3325 Athens Highway Jefferson, GA 30549 (c) As to the City of Commerce: City of Commerce Attention: Mayor P.O. Box 348 27 Sycamore Street Commerce, GA 30529 (d) As to the City of] Hoschton: City of Hoschton Attention: Mayor 61 City Square Street Hoschton, GA 30548 (e) As to the City of Jefferson: City of Jefferson Attention: Mayor 147 Athens Street Jefferson, GA 30549 (f) As to the City ofMaysville: City ofMaysville Attention: Mayor 4 Homer Street Maysville, GA 30558 9 (g) As to the City ofl Nicholson: City of Nicholson Attention: Mayor 5488 US Hwy 441 South Nicholson, GA 30565 (h) As to the City of Pendergrass: City of] Pendergrass Attention: Mayor 65 Smith Bridges Street Pendergrass, GA 30567 (1) As to the City of Talmo City of Talmo Attention: Mayor 45 AJ Irvin Road Talmo, GA 30575 () As to the Town of Braselton Town of Braselton Attention: Mayor 4982 Highway 53 Braselton, GA 30517 [Signature Pages Follow] 10 IN WITNESS WHEREOF, all parties hereto have agreed as ofthis day of 2025. JACKSON COUNTY, GEORGIA By: Chairman (SEAL) Attest: Clerk CITY OF ARCADE By: Mayor (SEAL) Attest: Clerk CITY OF COMMERCE By: Mayor (SEAL) Attest: Clerk INTERGOVERNMENTAL AGREEMENT FOR JACKSON COUNTY 2025 TSPLOST] 11 CITY OF HOSCHTON By: (SEAL) Mayor Attest: Clerk CITY OF JEFFERSON By: (SEAL) Mayor Attest: Clerk CITY OF MAYSVILLE By: (SEAL) Mayor Attest: Clerk INTERGOVERMMENTAL AGREEMENT FOR JACKSON COUNTY 2025 TSPLOST] 12 CITY OF NICHOLSON By: (SEAL) Mayor Attest: Clerk CITY OF PENDERGRASS By: (SEAL) Mayor Attest: Clerk CITY OF TALMO By: (SEAL) Mayor Attest: Clerk INTERGOVFRNMENTAL AGREEMENT FOR JACKSON COUNTY 2025 TSPLOST] 13 TOWN OF BRASELTON By: (SEAL) Mayor Attest: Clerk INTERGOVERNMENTAL AGREEMENT FOR JACKSON COUNTY 2025 TSPLOST] 14 SCHEDULE A 15 EXHIBIT A Jackson County Transportation Special Purpose Local Options Sales Tax (TSPLOST) Program 2024 TSPLOST proceeds, to the extent available, shall be allocated to the Projects shown in the table below. The Projects are all of equal priority and may be funded in any order, in the discretion of the responsible party. After all Projects are fully funded, any excess TSPLOST proceeds shall be allocated as provided by O.C.G.A. 8 48-8-269.5. JACKSON COUNTY Bridge Projects $12,600,000 Roadway Capacity and Widening Projects $66,400,000 Intersection Improvements $31,300,000 Transportation Improvements (sidewalks, curbing, drainage structures, striping, $12,387,200 signage, guardrails, multi-use paths and trails) Road Resurfacing/Paving $13,689,600 Airport Projects $6,223,200 Jackson County Total Est.: $142,600,000 ARCADE Road Improvements $880,000 Paving & Resurfacing Projects $3,520,000 Arcade Total Est.: $4,400,000 BRASELTON Construction of roads, bridges, sidewalks, muiti-use paths, intersection improvements, traffic safety enhancements, road widening, and stormwater projects pertaining to roadway and other transportation projects $2,500,000 Resurfacing, including full-depth reclamation, base and paving, culvert repair, traffic markers, patching, shoulder preparation, and related projects $2,500,000 Braselton Total Est.: $5,000,0000 COMMERCE - Transportation Improvements (sidewalks, curbing, drainage structures, stormwater management, striping, signage); Road Paving & Resurfacing; Intersection Improvements $14,800,000 Commerce Total Est.: $14,800,000 HOSCHTON Transportation Improvements (streets, bridges, sidewalks, curbing, drainage structures, striping signage, multi-use paths) $2,000,000 Road resurfacing and paving $2,600,000 Hoschton Total Est.: $4,600,000 JEFFERSON Transportation Improvements and Resurfacing/Paving $20,200,000 Jefferson Total Est.: $20,200,000 MAYSVILLE Transportation Improvements (sidewalks, curbing, drainage structures, striping, signage, guardrails, multi-use paths and trails) $1,500,000 Road Resurfacing/Paving $500,000 Maysville Total Est.: $2,000,000 NICHOLSON Transportation Enhancements (sidewalks, curbing, drainage structures, striping, signage, guardrails, multi-use path and trails) $1,900,000 Roads Resurfacing/Paving $1,520,000 Traffic Efficiency (Intersection improvements) and Roadway Capacity/Widening $380,000 Nicholson Total Est.: $3,800,000 PENDERGRASS Road Resurfacing/Paving $900,000 Transportation Improvements (sidewalks, curbing, striping, signage, and lighting) $700,000 Pendergrass Total Est.: $1,600,000 TALMO Transportation Improvements (add sidewalks, upgrade roadway signage, add crosswalks) $500,000 Road Resurfacing/Paying $500,000 Talmo Total Est.: $1,000,000 Allocation based on collections of $200,000,000 Jurisdiction Miles % oft total Amount Arcade 18.98 2.2% $4,400,000 Braselton 21.57 2.5% 5,000,000 Commerce 62.73 7.4% 14,800,000 Hoschton 19.49 2.3% 4,600,000 Jefferson 86.28 10.1% 20,200,000 Maysville 8.77 1.0% 2,000,000 Nicholson 15.74 1.9% 3,800,000 Pendergrass 6.60 0.8% 1,600,000 Talmo 4.38 0.5% 1,000,000 County(uninc.) 607.76 71.3% 142,600,000 Total 852.30 100% $200,000,000 Total County miles = 607.76 Total City miles - 244.54 30% of estimated revenue required to be spent on projects consistent with the State-wide Strategic Transportation Plan - $60,000,000 CITY OF HOSCHTON, GEORGIA TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT Alcohol Vendor Details by s/s/2s TheD Depotb FourBrothers Business Name of Established. Alcohol Licensee Date of Application Juan Santiago Name of Established Manager Responsible for the Sale of Alcoholic Beverages at Special Event City_Hall Location ofl Business 4272_ Hwy 53 Mailing Address Type(s) of Alcohol to be Served by Licensee at Special Event: BEERWINEMIXED DRINKS(PRE MADE) Beer_ Wine_ Mixed_Drinks Telephone Number Email Address Event Details Car_ show_ L/212s, loligl2s Name of Event Date(s) and hours of serving alcohol ate event - t Square Location of authorized area to serve alcohol outdoors (Lawson funeral Home Lawn, Depot, Municipal Parking lot, City Hall Green Space) Description of mandatory barriers for approved area and estimate oft how many seats will be provided Details of mandatory provision for food service Name and Phone Number of Host or Sponsor of thel Event (including name and number ofh host representative in attendance) Name and Phone Number ofP Person Providing Food for the Event Oath: "I solemnly swear that the above facts are true to the best of my knowledge and that I am actively participating in the management of the operation." Juan_Santiago Applicant Signature of Event Organizer Subject to Mayor and City Council approval at a regularly scheduled Council meeting. Council Meeting Date Approved: JENNIFER HARRISON, City Clerk CITY OF HOSCHTON TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT CHECK LIST Temporary Outdoor Alcohol Special Event Permit Application. Photocopy oft the applicant's valid alcoholic beverage license to sell retail or pour malt beverages and/or wine by the drink and applicable State of Georgia alcohol licensing. - R T Delete End & S This license nust be postedi in a conspicnous place at the location and available for immediate inspection at all times that the location is open, Alt For changes to your license: Ownership you mus! reapply nl htps/gie.dargigv. Mailing adtress update at hups.giextor.ggov. To ensure you have your license plense reapply by November I o! ench yoar, Monthly retuns and o ports ane required for some licences. For more information on liling requirements, required signs, or tovicw applicable laws and regulations, visit Impsllorgungiagwia ad click the Alcohoi & Tobacco tab, or call the Athens Regional Onice at (706) 389-6977. Georgia Deparment of Revenuc (Cut here before displaying) STATE OF GEORGIA - DEPARTMENT OF REVENUE License to Sell Alcoholic Beverages As sct forth and defincd in Titlc 3 Georgia Alcoholic Beverage Code and Regulations Pertaining Thereto Not Valid Without Local License If Required Non Transferable EFFECTIVE DATE 01-Jan-2025 LICENSE EXPIRES 31-Dec-2025 BOND EXPIRES STATE TAXPAYER IDENTIFIER LICENSE NUMBER DATE ISSUED LICENSE FEE LOCALLICENSE ISSUED BV 20283053072 0102673 13-Dec-2024 $200.00 City HOSCHTON THIS LICENSE. AUTHORIZES THE BELOWI LICENSEE TO SELL 41 BROTHERS HOLDINGS LLC: Consumption on Premiscs Beer, Wine and Liquor DBA THE DEPOT BY FOUR BROTHERS AT THE FOLLOWING LOCATION COUNTY 4272. HIGHWAY 53 HOSCHTON GA 30548 JACKSON 4 BROTHERS HOLDINGS LLC Falluret to pay say tax secruing under said Ast to the Department at Revenne, or violation ol ary provbions df md Act er my vall4 nie and 304 PEPIN CT reglation made pursuai thereta, shaBt be poends fore cancellation a this license by the Coumissloser ef Revenne HOSCHTON GA 30548-2313 e State Revenue Commissioner THIS LICENSE MUST BE DISPLAYED CONSPICUOUSLY ATI LOCATION SHOWN HEREON CITY OF HOSCHTON, GEORGIA TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT Alcohol Vendor Details ZLC Shced, s//zs Business Name of Established Alcohol Licensce Date 6f Application osh Tedder Name ofl Established Manager Responsible for the Sale of Alcoholic Beverages at Special Event 21 City Sg Location of Business 21 Ch S9 Mailing Address Boer Type(s) of Alcohol to be Served by Licensee at Special Event: BEERWINEMIXED DRINKS(PRE MADE) 770 262-5643 j6ed78e yelsoar Telephone Number Email Address Event Details Gar Show ahaès Name of] Event Date(s) and hours of serving alconol at event Gren Spau Location of authorized area to serve alcohol outdoors (Lavson funeral Home Lawn, Depot, Municipal Parking lot, City Hall Green Space) Description of mandatory barriers for approved area and estimate of how many seats will be provided Details of mandatory provision for food service Name and Phone Number of] Host or Sponsor oft the Event (including name and number ofhost representative in attendance) Name and Phone) Number of Person Providing Food for the Event Oath: "I solemnly swear that the above facts are true to the best of my knowledge and that I am actively participating in the management of the operation." Applicant Signature ofEvent Organizer Subject to Mayor and City Council approval at a regularly scheduled Council meeting. Council Meeting Date Approved: JENNIFER HARRISON, City Clerk ucense tO Sell Alcoholic Beverages As set forth and defined in Title 3 Georgia Alcoholic Beverage Code and Regulations Pertaining Thereto ECT YER 01 . 3 € à E a - 3 a - - - a - - - : CITY OF HOSCHTON, GEORGIA TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT Alcohol Vendor Details Ruppel Hositality, LLC/DAB - Pasta Masters April 29, 2025 Business Name of Established Alcohol Licensee Date of Application Matl Ruppel, Serina Bergeron Name of] Established Manager Responsible for the Sale of Alcoholic Beverages at Special Event Location of Business 69 City Square Strcel Hoschton. GA 30548 Mailing Address 9924 Davis. SL STE L Brasciton. GA 30517 Type(s) of Alcohol to be Served by Licensee at Special Event: BEFRAVINEMIXED DRINKS(PRE MADE) Telephone Number Email Address 706-983-3009 yangatdevco.com Event Details American Strect Rodders 5:17, 920 Name of Event Date(s) and hours of serving alcohol at event Location of authorized area to serve alcohol outdoors (Lawson funeral Home Lawn, Depot, Municipal Parking lot, City Hall Green Space) Pasia Master Front Door Description of mandatory barriers for approved area and estimate of how many seats will be provided Details of mandatory provision for: food service Bread, Pasta, Desserts Name and Phone Number of Host or Sponsor of the Event (including name and number of host representative in attendance) Pasta Masters 706-684-1081. Matt Ruppel Name and Phone Number of Person Providing Food for the Event Oath: "I solemnly swear that the above facts are true to the best of my knowledge and that I am actively participating in the management of the operation." Matt Ruppel Watt Ryppel Applicant Signature of Event Organizer Subject to Mayor and City Council approval at a regularly scheduled Council meeting. Council Meeting Date Approved: JENNIFER HARRISON, City Clerk This license must be posted in a conspicuous place at the location and available for immediate inspection at all times that the location is open. For changes to your license: Ownership - you must reapply at htps/gte.dor.ga.gov. Mailing address - update at htps/gte.dor.ga.goy. To ensure you have your license please reapply by November 1 of each year. Monthly returns and/or reports are required for some licences. For more information on filing requirements, required signs, or to view applicable laws and regulations, visit htps/dorgeorgagow, and click the Alcohol & Tobacco tab, or call the Athens Regional Office at (706) 389-6977. Georgia Department of Revenue (Cut here before displaying) STATE OF GEORGIA - DEPARTMENT OF REVENUE License to Sell Alcoholic Beverages As set forth and defined in Title 3 Georgia Alcoholic Beverage Code and Regulations Pertaining Thereto Not Valid Without Local License If Required Non Transferable EFFECTIVE DATE 27-Mar-2025 LICENSE EXPIRES 31-Dec-2025 BOND EXPIRES STATE TAXPAYER: IDENTIFIER LICENSE NUMBER DATE ISSUED LICENSE FEE LOCAL LICENSE ISSUED BY 20300918086 0114250 27-Mar-2025 $200.00 City HOSCHTON THIS LICENSE. AUTHORIZES THE BELOW LICENSEE TO SELL MATTHEW RUPPEL: Consumption on Premises - Beer, Wine and Liquor DBA PASTA MASTERS AT THE FOLLOWING LOCATION COUNTY 69 CITY SQUARE STREET HOSCHTON GA 30548 JACKSON Failure topay anyt fax aceruing under said. Act to thel Department of MATT RUPPEL Revenue, or violation of any provisions of said Act or any valid rule and RUPPEL HOSPITALITY, LLC regulation made pursuant thereto, shall beg grounds for cancellation of this licensel byt the Commissioner ofl Revenue 9924 DAVIS ST STE 1 BRASELTON GA 30517-3143 C € State Revenue Commissioner THIS LICENSE MUST BE DISPLAYED CONSPICUOUSLY AT LOCATION SHOWN HEREON CITY OF HOSCHTON, GEORGIA TEMPORARY OUTDOOR ALCOHOL SPECIAL EVENT PERMIT Alcohol Vendor Details Coso Rica 0110643 05-02- 2025 Business Name of Established Alcohol Licensee Date of Application Giovonn Mocios Name of Established Manager Responsible for the Sale of Alçoholic Beverages at Special Event 15 Towne Ceves fyKwey STE 101 /1o2. Hoschiow GA. 30648 Location of Business bravogibnemi34D Ogml.Com Mailing Address Type(s) of Alcohol to be Served by Licensee at Special Event: BEERWINEMIXED DRINKS(PRE MADE) 706 39 33 52 Telephone Number Email Address Event Details Amevican Street Rodlers 9116125 Name of Event Date(s) and hours of serving alcohol at event City Square Location of authorized area to serve alcohol outdoors (Lawson funeral Home Lawn, Depot, Municipal Parking lot, City Hall Green Space) Description of mandatory barriers for approved area and estimate ofhow many seats will be provided Details of mandatory provision for food service Name and Phone Number of Host or Sponsor of the Event (including name and number of host representative in attendance) Name and Phone Number of Person Providing Food for the Event Oath: "I solemnly swear that the above facts are true to the best of my knowledge and that I am actively participating in the management ofthe operation." Applicant Signature of Event Organizer Subject to Mayor and City Council approval at a regularly scheduled Council meeting. Council Meeting Date Approved: JENNIFER HARRISON, City Clerk This license must be posted in a conspicuous place at the location and available for immediate inspection at all times that the location is open. For changes to your license: Ownership - you: must reapply at. htps-lgte.dorgagoy. Mailing address - update at htps/gie.dorgagov. To ensure you have your license please reapply by November 1 of each year. Monthly returns and/or reports are required for some licences. For more information on filing requirements, required signs, or to view applicable laws and regulations, visit htps/dorgeorgiagov. and click the Alcohol & Tobacco tab, or call the. Athens Regional Office at (706) 389-6977. Georgia Department of Revenue (Cut here before displaying) STATE OF GEORGIA - DEPARTMENT OF REVENUE License to Sell Alcoholic Beverages As set forth and defined in Title 3 Georgia Alcoholic Beverage Code and Regulations Pertaining Thereto Not Valid Without Local License If Required - Non Transferable EFFECTIVE DATE 01-Jan-2025 LICENSE EXPIRES 31-Dec-2025 BOND EXPIRES STATE TAXPAYER IDENTIFIER LICENSE. NUMBER DATE: ISSUED LICENSE FEE LOCALI LICENSE: ISSUED BY 20286254760 0110643 19-Nov-2024 $200.00 City HOSCHTON THISI LICENSE. AUTHORIZES THE BELOWI LICENSEE TO SELL CASA RICA FAMILY MEXICAN RESTAUR: Consumption on Premises - Beer, Wine and Liquor DBA AT THE FOLLOWING LOCATION COUNTY 115 TOWNE CENTER PKWY STE 101/102 HOSCHTON GA 30548-2213 JACKSON MIKE BARRETT Faflare to pay Rny tax aecraing under sald Act so1 thel Departmeat of Revenue, orviplation af Tany provisions ofsakd Act or aay valkdz Indos and CASA RICA FAMILY MEXICAN RESTAURANT: LLC regulation made puruanti herets, akalll bes groands for cancellatien of 115 TOWNE CENTER PKWY STE 101/102 thisl licensel by the Commiasioner efl Revaane HOSCHTON GA 30548-2213 State Revemue Commissioner THIS LICENSE MUST BE DISPLAYED CONSPICUOUSLY AT LOCATION SHOWN HEREON CITY OF HOSCHTON STATE OF GEORGIA RESOLUTION 2025-14 A RESOLUTION AUTHORIZING THE TOWN OF BRASELTON TO INSTALL NO THRU TRUCK SIGNS ON HENRY STREET/PIEDMONT AVE. WHEREAS, the City of Hoschton is authorizing the Town of Braselton to install NO THRU TRUCK signs on Henry Street/Piedmont Ave. NOW, THEREFORE, BE IT RESOLVED the governing body of the City of Hoschton hereby authorizes the Town of Braselton to install NO THRU TRUCKS signs to Henry Street/Piedmont Ave. SO RESOLVED, this 15th day of May, 2025. Debbie Martin, Mayor This is to certify that I am City Clerk of the City of Hoschton. As such, 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 Harrison, City Clerk Prepared by / Return to: Walker, Ball & Dimo, LLC Carla. J. Walker, Esq. 340 Jesse Jewell Pkwy, Suite 650, Gainesville, GA 30501 carla@wbdlawfirm.com GRANT OF EASEMENT STATE OF GEORGIA, COUNTY OF HALL. THIS GRANT OF EASEMENT (this "Agreement") is made effective as of the day of 2025 (the "Effective Date"), by and between GATEWAY CROSSING HOSCHTON, LLC, a Georgia limited liability company ("Gateway"), MCDONALD'S USA, LLC, a Delaware limited liability company ("McDonald's"), and the CITY OF HOSCHTON, a Georgia municipal corporation (the "City") (each, a "Party" and collectively the "Parties"). WITNESSETH: WHEREAS, Gateway is the fee owner of that certain parcel of property, being 1.13 acres, more or less, known and designated as Jackson County Tax Parcel # 121 001A1 and located off of Highway 53 on Anglers Lane (the "Gateway Property"); and WHEREAS, the City desires to access the water vault located at the northeasterly corner of the Gateway Property, as more particularly shown on the second page of Exhibit "A" (the Water Vault Easement Area") and connect water lines and a water meter thereto; and WHEREAS, McDonald's is the holder of a leasehold interest on the Gateway Property and consents to this grant of easement hereinbelow; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, the sum ofTen and No/100ths Dollars ($10.00) in hand paid by each party hereto to the other, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated in their entirety. Page 1 of7 2. Grant of Easement. Gateway hereby establishes for the benefit of, and grants and conveys to, the City a perpetual, non-exclusive easement to install and maintain water lines and for the reasonable use of the water vault and water meter located or to be located on the Gateway Property, which location is described on Exhibit "A" attached hereto and incorporated herein by reference, for the benefit ofthe City, its customers and other persons doing business with the City. 3. Right of Access and Maintenance Responsibility. Gateway further hereby grants to the City the right of açcess for the purpose of entering upon the Gateway Property to perform construction, maintenance, operations and repairs to the City's water lines and their appurtenances on both a routine and emergency basis. Any invasive work or land-disturbing work in the easement area should be repaired to its previous condition at City's sole cost. The maintenance of piping, backflow preventers, metering devices and all other appurtenances located within the above- described Water Vault Easement Area and owned by the City shall be the sole responsibility of the City. 4. Covenants to Run with the Land. It is intended that the easement rights and obligations set forth herein shall run with the land and create the equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit oft the respective parties and their successors, assigns, heirs, and personal representatives. Upon conveyance of a Property or a portion thereof, the party making such conveyance shall be relieved from obligations, duties and responsibilities hereunder arising from and after the date of such conveyance as to such Property or portion thereof conveyed, and the successor party shall become obligated hereunder for all matters arising from and after the date of conveyance, except for any obligations that arose or are deemed to have arisen from during the transferring party's period of ownership. 5. Non-Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any property affected hereby, or any portion thereof, to the general public or for any public use or purpose whatsoever, it being the intention of the parties and their suçcessors in title that nothing in this Agreement, expressed or implied, shall confer upon any person, other than the parties hereto and their successors in title, any rights or remedies under or by reason of this Agreement. Additionally, no easements, except those expressly set forth herein, shall be implied by this Agreement. 6. Severability. If any provision of this Agreement, or portion thereof, or the application thereofto any person or circumstances, shall, to any extent be held invalid, inoperative, or unenforceable, the remainder ofthis Agreement, or the application of such provision or portion thereofto any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 8. Entire Agreement: Modification; Interpretation. This Agreement, including each exhibit referenced herein and attached hereto, constitutes the entire agreement between the parties Page 2 of7 hereto with respect to the subject matter hereof. This Agreement shall not be amended or modified except by an Amendment in writing, signed by the parties hereto. Section headings are inserted for convenience of reference only and shall be disregarded in the interpretation of this Agreement. The provisions of this Agreement shall be construed without regard to the party responsible for the drafting and preparation hereof. 9. Governing Law: Attorney's Fees. This Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of Georgia. Resolution of all disputes arising pursuant to this Agreement shall be exclusively in the Superior Court of Jackson County, Georgia and the parties hereto hereby submit to thej jurisdiction ofthe Superior Court ofJackson County, Georgia and agree that venue is proper in such Court and hereby waive any jurisdictional or venue rights they may have otherwise. In the event of a dispute under this Agreement, the prevailing party in such dispute shall be entitled to reimbursement from the non-prevailing party for all costs, expenses, and attorney's fees incurred in connection with such dispute. 10. Time. Time is of the essence as to every provision of this Agreement. 11. Counterparts: Authority. This Agreement may be executed in any number of counterparts, each of which shall be considered an original, and all of such counterparts shall constitute one Agreement. The undersigned parties hereby represent and warrant that they have the full power and authority to execute this Agreement on behalf of their respective entities and to bind the same to the terms hereof. [SIGNATURES COMMENCE ON THE FOLLOWING PAGE] Page 3 of7 IN WITNESS WHEREOF, the Parties hereto have caused this Grant of Easement to be executed by its duly authorized representatives with its company seal affixed, the day and year first above written. Signed, sealed and delivered GATEWAY: in the presence of: Gateway Crossing Hoschton, LLC, a Georgia limited liability company Witness By: James W. Cobb, Jr., Manager Notary Public My Comm. Expires: (Company Seal) (Notary Seal) Consented to by Leasehold Tenant: Signed, sealed and delivered McDonald's USA, LLC: in the presence of: a Delaware limited liability company Witness By: Name: Its: Notary Public My Comm. Expires: (Company Seal) (Notary Seal) Accepted by City: Signed, sealed and delivered CITY OF HOSCHTON: in the presence of: Witness By: Debbie Martin, Mayor Attest Notary Public Jennifer Harrison, City Manager My Comm. Expires: APPROVED AS TO FORM (Notary Seal) Abbott S. Hayes, Jr., City Attorney Page 4 of7 LENDER CONSENT TO EASEMENT SOUTHSTATE BANK, N.A., a national banking association ("Lender"), is the holder and beneficiary of those certain Security Deed and Security Agreements from GATEWAY CROSSING HOSCHTON, LLC, a Georgia limited liability company, to Lender dated as of August 22, 2022, filed for record on August 31, 2022 in Deed Book 103U, Page 213, Jackson County, Georgia records and dated as of. July 19, 2024, filed for record on July 22, 2024 in Deed Book 111U, Page 43, Jackson County, Georgia records (the "Security Deeds"), which Security Deeds encumber the "Hog Mountain Property" as that term is defined in the foregoing Grant of Easement (the "Agreement"). Lender hereby consents to the terms of the Agreement. Lender further agrees that all rights granted to it under the Security Deeds shall be, and hereby are, subject and subordinate to the terms of the Agreement and that the foreclosure by Lender pursuant to its rights under the Security Deeds shall not extinguish or affect the easements, rights and covenants contained in or established by the Agreement. EXECUTED as of the day of 2025. Lender: Signed, sealed and delivered in the presence of: SOUTHSTATE BANK, N.A., a national banking association By: Witness Name: Its: Notary Public My Commission Expires: [AFFIX NOTARIAL SEAL & STAMP] Page 5 of7 EXHIBIT "A" LEGAL DESCRIPTION WATER VAULT EASEMENT AREA ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN G.M.D. 1407, JACKSON COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 FOOT R/w) ; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 926.11 FEET AND AN ARC LENGTH OF 304.08 FEET, BEING SUBTENTED BY A CHORD OF SOUTH 52 DEGREES 28 MINUTES 31 SECONDS EAST A DISTANCE OF 302.72 FEET ALONG SAID RIGHT-OF-WAY OF STATE ROUTE 53 TO A POINT; THENCE SOUTH 61 DEGREES 52 MINUTES 54 SECONDS EAST A DISTANCE OF 54.65 FEET ALONG SAID RIGHT OF WAY OF STATE ROUTE 53 TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 915.00 FEET AND AN ARC LENGTH OF 58.04 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 63 DEGREES 41 MINUTES 55 SECONDS EAST A DISTANCE OF 58.03 FEET ALONG SAID RIGHT OF WAY OF STATE ROUTE 53 TO AN IRON PIN SET (1/2 INCH REBAR WITH A YELLOW PLASTIC CAP STAMPED ("ROCHESTER LSF000484"); THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 915.00 FEET AND AN ARC LENGTH OF 47.83 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 67 DEGREES 00 MINUTES 47 SECONDS EAST A DISTANCE OF 47.82 FEET ALONG SAID RIGHT OF WAY OF STATE ROUTE 53 FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 915.00 FEET AND AN ARC LENGTH OF 26.05 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 69 DEGREES 19 MINUTES 34 SECONDS EAST A DISTANCE OF 26.05 FEET ALONG SAID RIGHT OF WAY OF STATE ROUTE 53 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF- WAY AND RUNNING SOUTH 24 DEGREES 13 MINUTES 13 SEÇONDS WEST A DISTANCE OF 25.07 FEET TO A POINT; THENCE NORTH 69 DEGREES 13 MINUTES 54 SECONDS WEST A DISTANCE OF 26.05 FEET TO A POINT; THENCE NORTH 24 DEGREES 13 MINUIES 35 SECONDS EAST A DISTANCE OF 25.03 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.0149 ACRE (650 SQUARE FEET) . Page 6 of 7 EXHIBIT "A" 6 2. $ 100 & Ra SRR C 53 % S e 6e (s - PRy foNr S Ce S 4S No % & S 4 > s 2 CA 4 oxo a o 5 25 4 ao 2 5 26 - 6 - 2 a 5 25 59 73 & WATER VAULI T EASEMENT 33 A 2 $ 0.0149 AC (650 SQ. FT 3 TRACT 2 GATEWA Y CROSSING HOSCHTON, LLC SURVEYFOR WATER VALTEASEMENT FOR HOG MOUNTAIN PROPERTIES, LLC& GATEWAY CROSSING HOSCHTON, LLC 30 0 30 60 90 LOCATED IN CITY OF HOSCHTON EE GMD#1407-JACKSON COUNTY, GEORGIA GRAPHIC SCALE - FEET JANUARY 31, 2025 Page 7 of7