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Home My WebLink About03-06-2024 City Council Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Wednesday, March 6, 2024 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1. Approve minutes of February 26, 2024 Regular City Council Meeting and minutes of February 26, 2024 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Final Adoption - Ordinance - Annexation - JVN Holdings, LLC property located at 18060 Greeno Road, Fairhope, Alabama. Tax Parcel 46-08-28-0-000-020.002, (PIN Number 348043); containing 2.20 acres, more or less. (Introduced, City Council Meeting, February 26, 2024.) 6. Ordinance - An Ordinance amending Ordinance No. 1692; and repealing Ordinances No. 1479, No. 1587, and No. 1595; The Rules of Procedure in all instances for the Meetings of the City Council: Section II and Section III; specifically the City Council Meetings. 7. Resolution - That the public improvements indicated herein for Old Battles Village, Phase 4B are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and 68V OBV 2020, LLC. 8. Resolution – That the City Council hereby authorizes Mayor Sherry Sullivan to execute an Agreement between the Baldwin County Commission, Rockwell, LLC, Encounter Development LLC and the City of Fairhope to allow Final Plat approval so that portions of a Subdivision, known as Rockwell Place, may annex into the City of Fairhope. 9. Resolution - That the Mayor is hereby authorized to sign and execute any necessary and appropriate documents, including grant applications and grant agreements, so that the City of Fairhope and Fairhope Airport Authority can receive the grant funding described above, acting for and in behalf of the H. L. “Sonny” Callahan Airport in Fairhope, Alabama so that the grant applications for this AIP funding opportunity may be finalized, approved, and accepted in accordance with applicable law and procedures. Page 1 of 156 City Council Regular Meeting March 6, 2024 Page - 2 - 10. Resolution: That the City of Fairhope hereby accepts the Gulf of Mexico Energy and Securities Act (GOMESA) grant award of $620,000.00 for Shoreline Restoration at Magnolia Beach; and authorizes Mayor Sherry Sullivan to sign all required grant documents on behalf of the City. 11. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute the Warranty Deed from the City of Fairhope to Fairhope Single Tax Corporation for the property described in said Warranty Deed less the "Encroachment Note-2." 12. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering and Architectural Services for (RFQ PS24-015) Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities to Thompson Engineering/Watermark Design; and allow Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 13. Resolution - To Award (Bid No. 24-026) to Xtreme Golf Management for Greens Drainage Project at Quail Creek Golf Course with a bid proposal not-to-exceed $115,000.00. 14. Resolution - That the City of Fairhope approves the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions as Sole Source; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The cost will not-to- exceed $33,330.48. 15. Request - Chad Clark, Event Coordinator, The Fairhope Rotary Club Foundation requests approval of the "Fairhope Rotary Club Steak Cook-Off" on May 11, 2024 for street closures on Bancroft Street, between Fairhope Avenue and Morphy Avenue, and Johnson Avenue between Section Street and Bancroft Street; event from 12:00 p.m. to midnight; and approval to allow alcohol on City streets contingent upon ABC License and approval. 16. Public Participation – (3 minutes maximum) 17. Executive Session - To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. 18. Adjourn Next Regular Meeting – Thursday, March 21, 2024 – Same Time Same Place Page 2 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-77 FROM:Lisa Hanks, CITY CLERK SUBJECT:Council Minutes 02-26-2024 AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Council to approve City Council Work Session and Regular Minutes of February 26, 2024. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 3 of 156 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 26 February 2024. Present were Council President Corey Martin, Councilmembers: Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jack Burrell was absent. There being a quorum present, Council President Martin called the meeting to order. The invocation was given by Associate Pastor Bill Quinn of Trinity Presbyterian Church and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 19 February 2024, regular meeting; and minutes of the 19 February 2024, work session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Arbor Day Celebration and thanked everyone who helped; 2) Track opening at Founders Park; 3) Volanta Park Cleanup Day; 4) J. Larry Newton Elementary School Presentation by Tonya Harrelson; 5) 3-Mil Tax Update in March and April City Sketches Councilmember Conyers introduced in writing an ordinance to annex the property of JVN Holdings, LLC located at 18060 Greeno Road, Fairhope, Alabama. Tax Parcel 46-08-28-0-000-020.002 (PIN Number 348043); containing 2.20 acres, more or less. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 6, 2024 City Council meeting. Councilmember Boone moved for final adoption of Ordinance No. 1790, an ordinance to require Annexation for Property Outside the City Limits but Contiguous to the City Limits for New Connection to the City of Fairhope's Water System. (Introduced at the February 19, 2024 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Martin, Conyers, Robinson, and Boone. NAY - None. Page 4 of 156 26 February 2024 Councilmember Conyers moved for final adoption of Ordinance No. 1791, An Ordinance to Establish Water and Wastewater Rates for All Customers of the City of Fairhope Water and Wastewater Systems and to Repeal and Replace Ordinance No. 1759. (Introduced at the February 19, 2024 City Council Meeting) Seconded by Councilmember Boone, motion for final adoption passed by the following voice votes: AYE – Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-020-2024-PWI-001) for Pine Street One-Way Conversion and Parking Project to R.H. Deas Building Co. for the Base Bid plus Additive Alternate for a total bid amount not-to-exceed $251,398.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 4998-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24 - 020-2024-PWI-001) Pine Street One-Way Conversion and Parking Project at 555 South Section Street at the City of Fairhope Offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation Pine Street One-Way Conversion and Parking Project [3] The City Engineer is requesting Council to consider and to act on one of two options: Option One (Base Bid Only): Award the base bid to James Brothers Excavation, Inc. and authorize the Mayor Sherry Sullivan to execute a contract with a not to exceed amount of two hundred and twelve thousand, six hundred and twenty-seven dollars ($212,627.00). Option Two (Add. Alt.): Award the base bid in addition to the additive alternative bid to R.H. Deas Building Co., Inc. and authorize Mayor Sherry Sullivan to execute a contract with a not-to-exceed amount of two hundred and fifty-one thousand, three hundred and ninety-eight dollars ($251,398.00). [4] After evaluating the bids with required specifications, Council awards Option Two (Add. Alt.) on (Bid No. 24-020-2024-PWI-001) to R.H. Deas Building Co. for Pine Street One-Way Conversion and Parking Project for the Base Bid plus Additive Alternate for a total amount not -to-exceed $251,398.00; and authorize Mayor Sherry Sullivan to execute contract. DULY ADOPTED THIS 26TH DAY OF FEBRUARY 2024 _______________________________ Corey Martin, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 5 of 156 26 February 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of the replacement of 125' x 11' of soffit under pinning for the northwest corner of the Civic Center. The cost will not-to-exceed $56,617.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 6 of 156 26 February 2024 RESOLUTION NO. 4999-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of the replacement of 125' x 11' of soffit under pinning and hat channel for the northwest corner of the Civic Center damaged during Hurricane Sally to RH DEAS Building Co. The cost will not-to-exceed $56,617.00; and will be paid from insurance proceeds. ADOPTED ON THIS 26TH DAY OF FEBRUARY 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Media for the Parkson Fuzzy Filter at the Wastewater Treatment Plant from Parkson as sole source and manufacturer. The cost will not-to-exceed $52,938.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5000-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Media for the Parkson Brand Fuzzy Filter at the Wastewater Treatment Plant from Parkson as Sole Source for a not- to-exceed cost of $52,938.00; and this equipment is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). ADOPTED ON THIS 26TH DAY OF FEBRUARY 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 7 of 156 26 February 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-015) to Outdoor Aluminum, Inc. for Bleachers for Founders Park Track Facility with a bid proposal not-to-exceed $142,069.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5001-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-15) for Bleachers for Founders Park Track Facility at 555 South Section Street at the City of Fairhope Offices, Fairhope, Alabama [2] At the appointed time and place, one bid was received and tabulated as follows: Outdoor Aluminum $142,069.000 [3] After evaluating the bids with required specifications, Outdoor Aluminum, Inc. is now awarded (Bid No. 24-015) Bleachers for Founders Park Track Facility with a bid proposal not-to-exceed $142,069.00. DULY ADOPTED THIS 26TH DAY OF FEBRUARY 2024 _________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Bleachers for the New Baseball Fields at Volanta Park. The total cost not-to-exceed $27,015.28. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 8 of 156 26 February 2024 RESOLUTION NO. 5002-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Bleachers for the New Baseball Fields at Volanta Park to BSN Sports LLC for a not-to-exceed cost of $27,015.28; and the items are available for direct procurement through the Omnia National Contract which has been nationally bid; and therefore, does not have to be let out for bid. ADOPTED ON THIS 26TH DAY OF FEBRUARY 2024 ____________________________________ Corey Martin, Council President Attest: __________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to approve the procurement of Notify Annual SAAS Fees from Tyler Technologies. The amount for the Notify Annual SAAS Fees not-to-exceed $6,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5003-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Notify Annual SAAS Fees from Tyler Technologies, Sole Source provider of Munis Software, for a not-to-exceed cost of $6,000.00. ADOPTED ON THIS 26TH DAY OF FEBRUARY 2024 ____________________________________ Corey Martin, Council President Attest: __________________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 156 26 February 2024 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves and adopts the recommendations of the Personnel Board for the reclassification of Gas Inspector from Grade 6 to Grade 8. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5004-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendation of the Personnel Board for the Reclassification of Gas Inspector from (Grade 6) to (Grade 8). ADOPTED THIS 26TH DAY OF FEBRUARY 2024 _______________________________ Corey Martin, Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk The following individuals spoke during Public Participation for Non-Agenda Items: 1) James P. Nix, addressed the City Council regarding the Fairhope Clock and the plaque from Marjorie Tuck in memory of her husband. 2) Donald DeGutz, 110 Blakeney, addressed the City Council regarding the Historic Preservation Commission Ordinance; and questioned when it would be on the City Council agenda for public input. 3) Tammy Holman, resident of Hollowbrook, addressed the City Council regarding Highway 181 where the four lanes go into two lanes. Ms. Holman said she e-mailed ALDOT regarding the traffic bottlenecking at Hollowbrook’s road. * * Page 10 of 156 26 February 2024 Councilmember Conyers moved to adjourn the meeting. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:24 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 11 of 156 ST ATE OF ALABAMA C OUNTY OF BALDWIN ) ( )( The City Council met in a Work Session at 4 :3 0 p .m ., Fairhope Municipal Complex Council Chamber, 161 No rth Section Street, Fairhope , Alabama 36532 , on Monday , 26 February 202 4 . Pre se nt were Co uncil Pres ident Corey Martin, Co uncilm embers: Jimmy Conyers , Jay Robin son , and Kevin Boon e, Mayor Sherry Sullivan , City Attorney Marcus E. McDowell , and C ity C lerk Lisa A. Hanks. Councilmember Jack Burre ll was absent. Council President Martin called the meeting to order at 4:30 p .m. The following topi cs were di sc u sse d: • The fir st it em on the Agenda was the Presentatio n by Princi pa l Tonya Harrelson of J . Larry Newton Elementa ry School. Ms . Harrelson sho we d a vi deo of how the 3 mil ta x proceeds were used at her sc hool. She comme nt ed l 00 percent is used for people to he lp th e students. (See attached handout titled "JLN by the Numbers ." • The next it em on the Agenda was th e Discussion of the Working Waterfron t by Grants Coordinator Nico le Love. She gave an update on th e grant proceeds and the s hort fa ll needed for the nego ti ated bid . Mayor Sullivan su ggested asking for more funds to he lp with sho rtfall with a 75 /25 split. The co n sens u s of the City Co un cil was to go back a nd request more fund s with a 75 /25 split. • Mara Hunter, Co -Cha ir of the Hi storic Preservati on Committee , addressed th e City Co uncil and gave the hi story and upd ate of the Historic Preservation Commiss ion Ordinance. She sai d no one size fits a ll , but this has go n e to the City Council and to Attorneys for th eir input. Co uncil President Marti n stat ed th e Ordinance is to create th e Historic Preservation Commiss ion; and a llo w Fairhope to go forward wit h attaining the "Certified Local Government" de signation. H e sa id th e Ordinance do es not create Districts; and he gave an example of the Nancy Lewis House. He asked the public to bear w ith the Coun c il. Attorney Chris Williams sa id the third and fourth process is to designate Districts and a Public Hearing wou ld be he ld . Co un ci lm ember Boone questioned why adopt the Ordinance. Councilmem ber Robin so n explained th e Ordinance in detail ; and some of th e Commi ssion 's duties. He a lso said this is only th e first step to B , C, and D . Councilmember Conyers stat ed thi s is the first ste p to whichever way you want to go. He sa id m ost people wa nt to kee p th e fa9ade to be hi storical ; and not the inter ior. • Councilmember Marti n gave an upd ate on the Recreation Board. Page 12 of 156 Monday, 26 February 2024 Page -2- • Water and Wastewater Superintendent Daryl Morefie ld addressed the City Council regarding Agenda Item No. 1 O; and answered any questions if needed. • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No . 14 ; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Counci l regarding Agenda Item No . 8; and answered any questions if needed. • Recreation Director Pat White addressed the City Council regarding Agenda Items No. 11 and No. 12; and answered any questions if needed. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 13; and answered any questions if needed . He told them about possibly using a third party to help support the City wi th MUNIS. Mr. Montgomery said it may be cheaper to hi re the vendor than to hire an employee with benefits package. • Public Works Director George Ladd addressed the City Council regarding Agenda It em No . 9 ; and answered any questions if needed. There being no fmiher business to come before the City Council , the meeting was duly adjourned at 5:31 p.m. Lisa A. Hanlcs, MMC City Clerk Corey Martin, Council President Page 13 of 156 JLNbytheN 3 Mil Funds 11 Positions: • 6 Additional Certified Teachers 1 Steam Teacher 1 Reading Coach 1 Math Coach 1 Intervention Coordinator 2 Part Time Instructors • 4 Support Staff Members 4 Instructional Paras • 1 Social Worker Page 14 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-263 FROM: Lisa Hanks, CITY CLERK SUBJECT: Annexation of JVN Holdings, LLC property is located at 18060 Greeno Road, Fairhope, Alabama. Tax Parcel 46-08-28-0-000- 020.002 (PIN Number 348043); containing 2.20 acres, more or less. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 15 of 156 ORDINANCE NO. ____ WHEREAS, JVN HOLDINGS, LLC, the owner of the hereinafter described property, did, in writing, petition the City of Fairhope, a municipal corporation, for annexation under Section 11-42-21 of the Code of Alabama, 1975, as amended; and WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to-wit: Property is located at 18060 Greeno Road, Fairhope, Alabama. LEGAL DESCRIPTION: PARCEL ID: 46-08-28-0-000-020.002 PPIN # 348043 Lot 2 of the M.G. Nelson Estate Subdivision, as shown by map or plat thereof, recorded at slide 2485-A in the Probate Records of Baldwin County, said parcel containing 2.20 acres, more or less. This property shall be zoned R-1, Low Density Single-Family Residential District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County, Alabama. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 6th day of March, 2024 By:_____________________________ Corey Martin, Council President Attest: By: ___________________________ Lisa A. Hanks. MMC City Clerk Adopted and approved this 6th day of March, 2024 By:___________________________ Sherry Sullivan, Mayor Page 16 of 156 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXIIlBIT A , such property being without the Corporate Limits of the City of Fairhope , Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any oth er municipality, do , by these presents , hereby petition the City of Fairhope, a municipal corporation , that said property be annexed into the City of Fairhope , Alabama. •• The subject land is delineated on the map attached hereto as EXIIlBIT B that will be prepared by the City of Fairhope to verify property is contiguous. This petition is filed under authority of Section 11-4 2-21 , Code of Alabama, 1975 , as amended. ~ This petition is for R-1 Zoning D The condition of the Petition is that zoning be established as. _______ _ Concurrent with Annexation. (Zoning Request) Is this property colony property ___ Yes X No. If this property is colony property, the Fairhope Single Tax Office must sign as a petitioner . John E Nelson Print petitioner 's name Signature of Petitioner Print petitioner 's name Signature of Petitioner Print petitioner 's name Physical Address of property being annexed: 18060 Greeno Rd , Fairhope AL Petitioner 's Current Physical Address: 524 Marsh Lane Oxford . AL 36203 Petitioner 's Current Mailing Address : Telephone Number(s): __ 2_5-,-6_.2_8_3_.2_1_7_2 ___ ---.-'------------- Honie • Work Page 17 of 156 Petition for Annexation Page -2- I ~ W ~ a Notary Public in and for said State and County, hereby c•e~ ;;J'olt.11--~~ whose name(s) is/are signed to the forgoing Petition and who is/are known to me , this day appeared before me and, being first duly sworn, acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date . ~~· ••• . .:'\~-oT .'-,1~,ts ~~l) •. ~~ ~ __ : ·--'--: L'-' :. tary Public . ·_r ... I ' ( • I ,.' (..:_ \ ~ .. I ' •. ' /._I l__'. l \ ~ .. ! .-~ I "\ <f-. •.. '. • • • My commission expires L -d.. -c.t-Od; ' L • C L L ~ • ••. { ·: • ' I I, ______________ a Notary Public in and for said State and County, hereby certify that _____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me , this day appeared before me and , being first duly sworn, acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this ___ day of ____ ~ 20 _, (Seal) Notary Public My commission expire s --------- I, ______________ a Notary Public in and for said State and County, hereby certify that _____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me , this day appeared before me and , being first duly sworn, acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this ___ day of ____ __, 20 __ , (Seal) Notary Public My commission expires --------- Page 18 of 156 * . W E . s 104 . CON ANP , • TomTom , Garm i Graph , FAO , ME , USGS , EPA, PS , USFWS Exhibit A: JVN Holdings LLC Annexation and Zoning to R-1 Parcel Number: 05-46-08-28-0-000-020.002 PIN: 348043 Page 19 of 156 Viewer Map KCS, B aldwin Count y, Pictom etryKCS Lot Labels Parcel Line Labels C OGO Pa rcels C en terlines C oa stal Control Line Lo t L i nes C on flicts C ou nty Boundary February 6, 2024 0 0.0 15 0.030.0 075 mi 0 0.03 0.060.0 15 km 1:1 ,128 Copy right 2019 Page 20 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-269 FROM:Corey Martin, COUNCIL PRESIDENT SUBJECT:An Ordinance amending Ordinance No. 1692; and repealing Ordinances No. 1479, No. 1587, and No. 1595; The Rules of Procedure in all instances for the Meetings of the City Council: Section II and Section III; specifically the City Council Meetings. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Adopt the Ordinance amending Ordinance No. 1692; and repealing Ordinances No. 1479, No. 1587, and No. 1595; The Rules of Procedure in all instances for the Meetings of the City Council: Section II and Section III; specifically the City Council Meetings. BACKGROUND INFORMATION: Council President Martin requested language put in the Ordinance that the Regular Meetings of the Council shall be held on the 2nd and 4th Monday nights of each month immediately following the Work Session, unless rescheduled and announced otherwise. For example, if a Public Hearing is on the agenda, the meetings will be held at 6:00 p.m. as advertised. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 21 of 156 ORDINANCE N O. AN ORDINANCE AMENDIN G ORDINANCE N O. 1692; AND RE PEALING ORDINANCES N O. 1479 , NO. 15 87 , AND N O. 1595: THE R ULES OF PRO CE DURE IN ALL INST ANCES F OR MEETING S OF THE CITY C OUNC IL BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the Order Procedure in all instances for meetings of the City Council shall be as follows: The ordinance known as the City of Fairhope 's Council Procedures Ordinance (No. 1692), adopted 2 November 2020, is hereby amended in respect to the certain sections below and all other sections within thi s ordinance remain as written , adopted, and codified: AMEND ING SECTI ON II : Regular Meetings of the Council shall be he ld on the 2nd and 4th Monday nights of each month immediately fo ll owing the Work Session, unless prescheduled and announced otherwise. AMENDING SECT IO N III : A Work Session of the Council shall be held on the 2nd and 4th Monday nights of eac h month at 4:30 p .m . unless otherwise posted. Severability. The sections , paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause , sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase , clause , sentence, paragraph or section. Effective Date. This ordinance shall take effect upon its due adoption and publication as required by law. APPROVED AND ADOPTED THIS 6TH DAY OF MARCH , 2023 ATTEST: Lisa A. Hank s, MMC City Clerk Corey Martin, Council President APPROVED AND ADOPTED THIS 6TH DAY OF MARCH , 2023 Sherry Sullivan, Mayor Page 22 of 156 ORDINANCE 0. 1692 A 'ORDINANCE AD OPTING THE R LES OF PROCEDURE I 'ALL C 'STA 'CE FOR MEETINGS OF THE CJTY COUNCIL BE IT ORDAINED BY THE CITY COU CIL OF THE CITY OF FAIRHOPE, ALABAMA that the Order Procedure in all instances for mceti.ngs of the City Cmmcil shall be as follows : SECT ION I. That the rules or order of procedure herei n contained sha ll govern deliberation s and meetings of the Ci ty Council of the Ci ty of Fairhope , Alabama . SECT ION 2 . Regular Meetings of the Council shall be held on the followi ng dates : The 2nd and 4th Monday nights of each month at 6:00 p.m . with a n agenda meeting at 5 :30 p.m . SECT ION 3. A Work Session of the Council shall be held on the following dates : The 2nd and 4th Monday night s of each month at 4 :30 p.m . SECTION 4. Special Meetings -The Presiding Officer of th e Council shall call special meetings whenever in his or her opinion th e public interest req uires it. Also, whenever two Co un ci lm cmbcrs or th e Mayor request in writing a spec ia l meeting, the Presiding Officer ha s th e duty to make th e cal l. If the Presiding Officer fails or refuses to call s uch a meeting when requested, the two Councilmembers makin g the request, or the Mayor have th e righ t to call such a meeting. Section 11-43-50, Code of Alabama , 1975. o tice of all special meet ings shall be posted on a bulletin board an d appropriate customary media notified; and is accessible to the public twenty-four hours prior to s uch sched uled meeting. SECTION 5. A quorum shall be detennined as provided by Section 11-43-48 of the 1975 Code of Alabama, as amended. SECTIO 6. All regular meetings sha ll convene al th e Fairhope Municipal Complex Co un cil Chamber and all meetings, regular or special , shall be open to the publ ic, except when th e Co uncil meets in executive sess ion as a utho rized by sta te la w. SECTION 7. The Co un cil may mee t in executive session only for th ose purposes a uth orized by state law. When a Councilmcmber makes a motion to go in to executive sess ion for an enumerated purpose, the Presiding Officer shall put th e motion to a vo te. If th e majority of the Council shall vo te in favor of the motion to go into executive session, the body shall then move into execurive session to discuss the matter for which the executive sess ion was called . o action may be taken in an executive session . When the discussion has been completed, the Co un cil shall resume its deliberations in public. SECTIO 8. That all motion s, resolutions , ordinances, or other business, required to be in writi ng , sha ll be That all motions , resolutions , ordinances, or other busi ness , required to be in wri tin g, s hall be prepared and supplied to all Council mem bcrs by four o'clock in the afternoon on the Thursday prior to the Mo nd ay meeting in which it is to be presented . (e.g. if City offices are not open , the Thursday before the Monday Council meeting, tben th e writi ngs and documentation shall be s upplied 10 each Councilmcmbcr by placin g same in each member 's mailbox at Ciry Hall by noon Wednesday). It ems to be added to the agenda mu st be approved by Council President or two ouncilmcmbers prior to th e agenda deadlines. Agenda items rejected by the Council cannot be added to an agenda for six ty (60) days following the rejectio n without unanimous consent of the Council. a . It is de sired that infom1a1io11 be s upplied to the City Clerk in time to be made pan of the agenda packe t. Page 23 of 156 Ordinance No . 1692 Page -2- b . When a work session is called, or scheduled between two Council meetings, all motions , resolutions , ordinances, or other business required lo be in writing shall be presented in substantially the same fonn as that which is required for presentation at Council meeting. c . Notwithstanding Sections a . and b . here and above in the situation of an actual emergency sections a . and b. here and above shall not apply . For purposes, herein an actual emergency exists from failure 10 act will result in an immediate and irrefutable hann to the City or any of its citizens and or otherwise ii was physically impossible to comply with a notice requirement set forth herein as the same may be determined by the Presiding Officer of the Council. d . An agenda shall be prepared by the City Clerk for all business 10 come before each regular session and all business to be transacted shall be put on the agenda no later than Wednesday at noon (12:00 p .m .). llem s may be added to the e nd of the regular agenda up to twenty-four (24) hours past Wednesday's deadline with the consent of the Council President. If the City Clerk does not receive confinnalion from the Council President to add all items by Thursday noon , these items will not appear on the regular agenda . All other items may be added lo the regular agenda during the regular Council meeting upon receiving a motion and seconded and unanimous vote by the Council. The agenda must be faxed or e-mailed to the loc al newspaper by Thursday al 4 :00 p.m . The Council books (iPads) shall be ready for pickup no later than 4 :00 p.m. on Thursday before the next regular Council meeting on the following Monday night. e . Any item including background material to be placed on the agenda must be turned in by the Wednesday deadline, as sta ted in d . here and above before the Council meeting or Work Session to the City Clerk subject 10 the review of the Council Pre sident. f. If any item that appears on the agenda should need to be pulled prior to Monday night's meeting and after the 24 hours after the agenda deadline on Wednesday, the Council will vote at the Monday night meeting to amend the agenda . g . Notwithstanding Sections a . and b . here and above, in the situat ion of an actual emergency sections a . and b . here and above shall not apply . For purposes herein an actual emergency exist from failure 10 act will result in an immediate and irrefutable harm 10 the City or any of its citizens and or otherwise it was physically impossible to comply with a no tice requireme nts set forth herein as the same may be determined by the Presiding Officer of th e Council. h. An agenda shall be prepared by the City Clerk for all busine ss 10 come before each regular session and all business to be transacted shall be put on l11e agenda no later than Wednesday noon . Items may be added 10 the end of the regular agenda up to twenty-four (24) hours past Wedne day's deadline with the consent of the Council Presiden t. If the City Clerk does not receive confinnation from the Council President lo add all items by Thursday noon, these items will not appear on the regular agenda . All other items may be added to the regu lar agenda during the regular Council meeting upon receivi ng a motion and seconded and unanimous vo te by the Cow1cil. The agenda must be faxed or e-mailed to the local newspaper by Thursday at 4:00 p .m . The Council books shall be ready for pickup no later than 4 :00 p.m . on Th ursday before the next regular Council meeting on the following Monday night. i. If any item that appears on the agenda should need to be pulled prior to Monday night's meeting and after the 24 hours after the agenda deadline on Wednesday , the Council will vole at the Monday night meeting to amend the agenda . Page 24 of 156 Ordinance No . 1692 Page -3- SECTJON 9. The order of business shall be as follows: I. Call to order 2 . In voca tion/Pl edge of Allegiance 3 . Approval of Minute s 4 . Report of th e Mayor 5 . Publ ic Participation (Agenda It ems) 6. Council Co mments 7. Ordinances, Re so lution s, Orders, and Other Business 8 . Reading of Pet itions , Applica ti on s, Complaints , Appeals, Comm unications, etc . 9 . Reports of Standing commi tt ees (if any) 10. Reports of Special Committees (if any) 11. Reports of Offi ce rs (i f any) 12 . Public Participation (Non-Agenda Items) 13 . Adjourn SECTION IO . No Councilmember shall speak more th an tw ice on the sam e s ubject without penniss ion of the Presiding Officer. SECTION I I . That no individual who is not a member of the Counci l shall be allowed to address th e same whil e in session w ith out pe nnission of the Presiding O ffice r and for not more th an three minutes, unl ess approved by the Presi din g Officer. o person, other than a Councilmember or the Mayor, shall be a llowed to address the Counc il on any matter which shall be the subject of a public hearing scheduled by th e Coun ci l un til tl1e meeting under which the public hearin g on th at matter is scheduled to be heard . SECTION 12 . Every Officer, whose duty it is to report at the regular meeting of the Counci l, who sha ll be in default thereof, may be fi ned at th e discretion of th e Council. SECTION 13 . Motion s shall be reduced to wri ting when required by the Presiding Officer of the Council or any member of same. All Reso lut ions and Ordinances shall, and any amendment s thereto shall be in wri tin g at th e time o f introduction . SECTION 14 . Motion s to reconsid er must be by a Counci lm ember who voted with the majority, and at the same or next succeeding meeting. SECTION 15 . Whenever it s hall be req uired by one or more members of the Council , th e "Ayes" and " ays" shall be recorded ; and any member may call for a division on any question. SECTJON 16 . All qu estions of order sha ll be decided by th e Pres idin g Officer with th e right of appeal to th e Council by any member. SECTJON 17 . The Presiding Officer of th e Counc il may, at his or her discretion, call a ny member to take the chair to allow him or her to ad dress tl1e Council , make a motion , or discuss an y other matter at issue. SECTION I 8 . An elect ion for Co uncil President and Cou ncil Pro Tempore will be held each November and/or at th e pleas ure of th e Ci ty Co uncil. SECTION 19 . Motion s to lay any matter on the tabl e shall be first in order; and on a ll quest ions -tl1 e last amendm ent, the most distant day , and the largest sum shall be fir st put. SECTION 20. A mot ion for adjournment s hall always be in order. Page 25 of 156 Ordinance No . 1692 Page -4- SECTION 21 . The rules of the Council may be altered , amended , or temporarily suspended by a vote of two-thirds of the members present. SECTION 22 . The chairman of each respective committee or Councilmember acting for him or her shall submit or make all reports to the CouL1ci1 when so requested by the Presiding Officer or any member of the CouL1cil. SECTION 23 . All ordinances, resolutions or propositions submitted to the Council which require the expenditure of money shall lie over until the next regular meeting; provided however that such ordinances , resolutions or propositions may be considered earlier by unanimous consent of the Council; and provided further that this rule shall not apply to the current expenses of, or contracts previously made with , or regular salaries of Officers or wages of employees of the City. SECTION 24. The City Clerk , City Treasurer, City Attorney, Chief of Police , Superintendent of Utilities, and such other officers or employees of the City shall remain in the council chamber for such length of time as the Council may direct. SECTION 25 . No ordinance or resolution of a permanent nature shall be adopted at the meeting at which it is introduced unless unanimous consent is obtained for its immediate consideration; such consent shall be by roll call and the vote spread upon the minutes . SECTION 26 . Rober/ 's Rules of Order are hereby adopted as the rules of procedure for this Com1cil in those situations which cannot be resolved by the rules set out in this ordinance. SECTION 27. This Ordinance replaces and supersedes all previous ordinances in conflict therewith . SECTION 28 . The provisions of this Ordinance arc severable. If any provision, section , paragraph , sentence arc part thereof shall be held to be unconstitutional or invalid by a court of competent jurisdiction , such decision shall not effect or impair the remainder of this Ordinance, it being the legislati ve intent to ordain and act each provision section, paragraph , sent e nce and part thereof separately and independently of each other. SECTION 29 . This Ordinance shall take effect and be enforced from and after approval by the City Council of the City of Fairhope upon publication requ ired by law to be effective November 2nd , 2020. APPROVED AND ADOPTED TH1S 2ND DAY OF NOVEMBER, 2020 ATTEST: APPROVED AND ADOPTED THIS Page 26 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-267 FROM: Hunter Simmons, PLANNING AND ZONING MANAGER SUBJECT: Public Improvements Old Battles Village, Phase 4B AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Council to approve the public improvements indicated herein for Old Battles Village, Phase 4B are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope 68V OBV 220, LLC. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 27 of 156 Resolution No. _______ WHEREAS, the Owners of Old Battles Village, Phase Four-B desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2817-D, and all Fairhope public utilities located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Public Works Director has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Old Battles Village, Phase Four-B, maintenance bonds for the public improvements constructed for a period of 1 year, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Old Battles Village, Phase Four-B are hereby accepted for public maintenance subject to the bond posted by the “Subdivider”; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and 68V OBV 2020, LLC (the “Subdivider”). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of- way of the public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted, this 6th day of March 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 28 of 156 MAINTENANCEANDGUARANTYAGREEMENTTHISMATNTENANCEANDGUARANTYAGREEMENT(this“Agreement”)ismadeandenteredintobyandbetween(,J2-02...O)L...L-C[insertnameofdeveloperasshownonthefinalsubdivisionplat](the“Subdivider”),andtheCityofFairhope,Alabama(the“CityofFairhope”)(the“City”)(theSubdivider,andtheCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),onthefollowingrecitals,terms,andconditions:WHEREAS,theSubdivideristhedeveloperofOldBattlesVillagePH4B(the“Subdivision”),whichSubdivisionisrecordedasInstrumentNumber1971916intherecordsoftheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama;WHEREAS,itiscontemplatedthatpriortotheCityacceptingformaintenancethosecertainitemssetforthonExhibit“A”attachedhereto(the“Improvements”),theSubdividerwillberesponsibleformaintainingtheImprovementsforaperiodofone(1)year(the“MaintenancePeriod”)fromandaftertheEffectiveDate(hereinafterdefined),andthattheImprovementswillbefreefromdefectsarisingduringtheMaintenancePeriod,orthereafterincertaincircumstancesasspecifiedinthisthisAgreement;NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thereceipt,adequacyandsufficiencyofwhichareherebyacknowledged,thepartieshereto,intendingtobelegallybound,doherebycovenantandagreeasfollows:1.Recitals.TheaboverecitalsshallbeincludedaspartofthisAgreementasnecessarycontingenciesandasiffullysetforthherein.2.MaintenanceandGuarantyofImprovements.TheSubdividershallmaintaintheImprovementsduringtheMaintenancePeriodandshallkeeptheImprovementsingoodandworkingorder,normalwearandtearexcepted.TheSubdividerherebyguaranteesandwarrantstheImprovementsandtheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovementsuntiltheexpirationoftheMaintenancePeriod,andthereafterasspecifiedbelow.IntheeventanydefectintheImprovementsand/ortheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovements(a“Defect”)arises,inwholeorinpart,duringtheMaintenancePeriod,theSubdividershallberesponsiblecorrectingthesame.DuringtheMaintenancePeriodtheSubdividershallmonitorandinspecttheImprovementsandshallremedyanyDefectofwhichitinanymannerbecomesawarewithintendaysofbecomingsoaware,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.Notlessthan30daysormorethan60daysbeforeexpirationoftheMaintenancePeriodtheSubdividershallschedulewiththeCity’sBuildingOfficial,orhisdesignee,ajointinspectionoftheImprovementsbytheSubdividerandCity.TheCitywillgivetheSubdivideraNoticeofDefectsidentifiedasaresultofsuchinspectionwithin15daysoftheinspection.AnyandallDefect(s)soidentifiedbytheCityshallberemediedbytheSubdividerwithintendaysoftheNoticeofDefects,exceptthatinPage1of5Page 29 of 156 theeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.However,anyandallDefectsidentifiedbytheCityshallbecompletelyremedied,tothecompletesatisfactionoftheCity,priortoacceptanceoftheTmprovementsbytheCity.Additionally,intheeventotherDefectsariseafterexpirationoftheMaintenancePeriod,butpriortoallDefectsidentifiedbytheCityintheNoticeofDefectsbeingcompletelyremediedbytheSubdivider,theSubdividershallberesponsibleforremedyingsuchotherDefect(s),inlikemannerassetforthabove,priortotheCityacceptingtheImprovements.ItistheintentofthisAgreementthattherebenoDefect(s)intheImprovementsatthetimetheCityacceptsthesame.3.FinancialGuarantyofPerformance.AsaconditiontotheCityagreeingtoenterintothisAgreement,theSubdividershallprovidetheCitywithanacceptablesurety/financialguaranteeofthepaymentandperformanceofitsobligationshereunder(the“Guaranty”).TheGuarantyshallbeprovidedbyasuretyandshallbeinaformthatisacceptabletotheCityinitssoleandabsolutediscretionandshallbeinanamountof$112,919.23.IntheeventtheforegoingconditionprecedentisnotsatisfiedwithinThirty(3)daysoftheEffectiveDate,theobligationoftheCitytoaccepttheImprovementsformaintenanceunderSection4hereofshallterminateandbeofnofurtherforceoreffect.4.CitytoAcceptImprovementsforMaintenance.UponexpirationoftheMaintenancePeriod,andprovidedthattheSubdividerhasfullyperformedunderthisAgreement,theCityshallacceptmaintenanceoftheImprovements.5.FailuretoPerform.IntheeventtheSubdividershallfailinwholeorinparttoperformanyterm,covenantorconditionofthisAgreementorintheeventofaDefect(a“Default”),theCitymayissueawrittennoticeofdefaulttotheSubdivider(a“NoticeofDefault”).IftheSubdividerhasnotcuredtheDefaultwithinten(10)daysofitsreceiptoftheNoticeofDefault,theCityshallhavetherighttotakeanyorallofthefollowingactions:(a)complete/remedyanyDefault,including,withoutlimitation,therighttocureanyDefect,atthesolecostandexpenseoftheSubdivider;(b)callonorotherwiseexerciseitsrightsundertheGuaranty;and/or(c)exerciseanyotherrightorremedyavailabletotheCityatlaworinequity,includingtherighttopursueandobtainspecificperformance.IntheeventtheCityexercisesanyoftheforegoingrightsandexpendsanyfundsinconnectiontherewith,theSubdividershallreimbursetheCityforanysuchexpendedfundswithinten(10)daysofdemandforsuchfundsbytheCity.AnyfundsnotsoreimbursedbytheSubdividerwithinsaidten(10)dayperiodshallthereafteraccrueinterestattherateoftwelvepercent(12%)perannum.Page2of5Page 30 of 156 6.LegalCompliance.TheSubdividershall,atitsownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyregulationofanygovernmentalbodyhavingjurisdictionovertheSubdivisionortheSubdividerwithrespecttothemaintenanceandrepairoftheImprovements,regardlessofwhentheybecomeeffective.TheSubdividershallnotuse,norpermittheuseoftheImprovementsforanypurposeinviolationofsuchlaws,regulations,rulesororders.TheSubdividerrepresentsandwarrantstotheCitythattheSubdividerisactingwithfullandlegalauthoritywithrespecttotheImprovements.7.Indemnification.TheSubdividershallindemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtoanyapprovaloractivityconductedby,oranyactoromissionof,theSubdividermadeortakenpursuanttothisAgreement.8.ResponsibilityForAgents.TheSubdividershallberesponsibleforcompliancebyitsengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsoftheSubdividerherein.9.NoAssignment.TheSubdividershallnothavetherighttoassignthisAgreementoranyrightsorobligationshereunderwithouttheCity’spriorwrittenconsent,whichconsentmaybewithheldinthesoleandabsolutediscretionoftheCity.Anyattemptedassignmentshallbevoid.NoassignmentshallrelievetheSubdividerofitsliabilitiesandobligationsherein.10.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.11.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.12.EntireAgreement.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthePartiesrelatingtothesubjectmatterhereof.13.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehavioroftheSubdivider.ThisAgreement,and/ortheproceduresapprovingthesame,isnowaytobeconsideredasasubstituteforanyregulations,Page3of5Page 31 of 156 procedureorotherrequirementoftheCity.ItisthesoleresponsibilityoftheSubdividertocomplyortoensureitsowncompliancewithanylocal,state,orfederallaworregulation.14.GoverningLaw.ThisAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.15.Attorney’sFees.IntheeventtheCityinitiateslitigationoranyotherlegalproceedingforpurposesofenforcingitsrights,dutiesandobligationshereunderandistheprevailingpartyinanysuchlitigationorotherlegalproceeding,theCityshallbeentitledtotherecoveryofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunder.16.Counterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof.17.Headings.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnotaffectinanywaytheconstructionofthetermsofthisAgreement.18.EffectiveDate.Asusedherein,theterm“EffectiveDate”meansthedateofexecutionofthisAgreementbytheMayoroftheCityassetforthbelow.INWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativesasofthelastdateofexecutionbelow.[Insert1aieoSubdidenBy:VZt2_O,LCName:tn.jAsIts:________________________________________Date:______________________________THECITYOFFAIRHOPE,ALABAMABy:________________________________AsItsMayorDate:___________________________________ATTEST:CityClerkPage4of5Page 32 of 156 rRECEIVEDEXHIBIT“A”OCT262021TheImprovementsAllroadways,stormdrainsystem,watersystemandsewersysteminfrastructureinstalledwithintherightsofwaywithinthesubdivision,seeattachedunitpricebondestimate.ITEMUNITNO.DESCRIPTIONQTY.UNITPRICEAMOUNTGRADING&DRAINAGE118”R.C.PIPE,CL.3,RUBBERGASKETJOINTS322LF40.6313082.86224”R.C.PIPE,CL.3,RUBBERGASKETJOINTS52LF45.792,381.08330”R.C.PIPE,CL.3,RUBBERGASKETJOINTS175LF65.0011,375.00436’R.C.PIPE,CL.3,RUBBERGASKETJOINTS195LF72.0014,040.005INLET,TYPE“S”,1-WING5EA2,600.0013,000.006INLET,TYPE”S”,2-WING2EA2,900.005800.007YARDINLET2EA3,600.007,200.008JUNCTIONBOX2EA3,400.006,800.009SEEDING,FERTILIZER&MULCH1.69AC1,250.002112.50104”TOPSOILFROMSTOCKPILE1.69AC2,399.004,054.3111SOLIDSODBEHINDCURB378.00SY5.502,079.00SUB-TOTALGRADING&DRAINAGE81,924.75ROADWAYS12TYPE“A”2-6”CONCRETEVALLEYGUTTER2,552LF22.0056,144.0013CONCRETERIBBONCURB25LF21.00525.0014GRANULARSANDSUBBASEMATERIAL24”THICK3,507SY7.7527,179.2515GRANULARSANDSUBBASEMATERIAL36”THICK378SY12.004,535,0016UPPERLAYERSANDCLAYBASE,4”THICK3,740SY2.619,761.4017LOWERLAYERSANDCLAYBASE,4”THICK2,892SY2.617,548.1218PRIMECOAT2,892SY1.383,990.96BITUMINOUSCONCRETEWEARINGSURFACE,429-19A,165LBS/SY2,892SY12.0834,935.3620CONCRETESIDEWALK,5’WIDE,COMMONAREAS475LF25.3012,017.5021HANDICAPRAMPS6EA920.005,520.0022STOPSIGNW/POST1EA245.00245.0023STOPSIGNONEXIST.STREETSIGNPOSTS2EA245.00490,0024STREETSIGN2EA245.00490.0025SPEEDLIMITSIGNW/POST3EA245.00735.0026BARRICADE1EA1,365.001,365.00SUB-TOTALROADWAY:165,482.59WATERSYSTEM276”PVCWATERMAIN1,206LF15.8419,103.04286”DI.WATERMAIN18LF211.923,814.56296”x6”MJTEE1EA1,338.001,338.00306”MJGATEVALVE2EA1,336.002,672.00306”MJ45BEND1EA350.00350.00316”MJ22.5BEND1EA300.00300.00316”MJ11.25BEND1EA300.00300.00Page 33 of 156 elJIgQI,\,;l’A41”.’_.?.34-.i%:No.22714:PROFESSIONALE‘lIIlIl’n318”M.J.PLUG1EA300.00300.0032WATERSERVICES19EA500.009,500.0033FIREHYDRANTASSEMBLY3EA4,035.0012,105.00SUB-TOTALWATERSYSTEM:49,782.60SEWERSYSTEM348”PVCGRAVITYSEWER4-6CUT37LF25.00925.00358”PVCGRAVITYSEWER6-8’CUT523EA28.0014,644.00368’PVCGRAVITYSEWER8-10’CUT278EA30.758,548.50378”PVCGRAVITYSEWER10-12’CUT37EA85.003,145.00388”PVCGRAVITYSEWER12-14’CUT51EA100.005,100.00398”PVCGRAVITYSEWER14-16’CUT26EA120.003,120.0040PRECASTCONCRETEMANHOLE,6-8’DEPTH4EA2,900.0011,600.00PRECASTCONCRETEMANHOLE,10,-i2’41DOGHOUSE1EA6,400.006,400.00PRECASTCONCRETEMANHOLE,14-16’DROP42CON.1EA7,200.007,200.0043SEWERLATERAL19EA975.0018,525.00SUB-TOTALSEWERSYSTEM:79,207.50TOTAL:$376,397.44Icertifytheaboveestimatetobetrueandcorrecttothebestofmyknowledge.TheCityofFairhoperequiresa2yearmaintenancebondat30%=$112,919.23JE/pmSEALPage 34 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-268 FROM: Hunter Simmons, PLANNING AND ZONING MANAGER SUBJECT: Mayor Sherry Sullivan to execute an Agreement between the Baldwin County Commission, Rockwell, LLC, Encounter Development LLC and the City of Fairhope to allow Final Plat approval so that portions of a Subdivision, known as Rockwell Place, may annex into the City of Fairhope. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Approve and Authorize Mayor Sherry Sullivan to execute an Agreement between the Baldwin County Commission, Rockwell, LLC, Encounter Development LLC and the City of Fairhope to allow Final Plat approval so that portions of Rockwell Subdivision may annex. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 35 of 156 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute an Agreement with the Baldwin County Commission, Rockwell, LLC, Encounter Development LLC and City of Fairhope to allow Final Plat approval so that portions of a Subdivision, known as Rockwell Place, may annex into the City of Fairhope. ADOPTED ON THIS 6TH DAY OF MARCH, 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 36 of 156 COMPLETIONANDMAINTENANCEAGREEMENTThiscompletionandmaintenanceagreement(“Agreement”)byandbetweenROCKWELL,LLC,anAlabamalimitedliabilitycompany(“Rockwell”),ENCOUNTERDEVELOPMENT,LLC,anAlabamalimitedliabilitycompany(“Encounter”),BALDWINCOUNTY,Alabama(“County”)andtheCITYOFFAIRHOPE,Alabama(“City”)(Rockwell,Encounter,County,andCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),subjecttothetermsandconditionssetforthinthisAgreement.A.RockwellistheowneroftheleaseholdinterestincertainrealpropertylocatedinBaldwinCounty,Alabama,moreparticularlydescribedasfollows:BEGINNINGATTHENORTHEASTCORNEROFTHENORTHWESTQUARTEROFTHESOUTHWESTQUARTEROFSECTION2,TOWNSHIP6SOUTH,RANGE2EAST,BALDWINCOUNTY,ALABAMA;THENCERUNS00°26’25”-W,1,326.34FEETTOAPOINT;THENCERUNN-89°53’51”-W,1,190.25FEETTOAPOINTONTHEEASTRIGHT-OF-WAYLINEOFALABAMASTATEHIGHWAYNUMBER181;THENCERUNN-00°17’32”-E,ALONGSAIDEASTRIGHT-OF-WAYLINE,414.46FEETTOAPOINT;THENCERUNNORTHEASTERLYALONGSAIDEASTRIGHT-OF-WAYLINE,ANDACURVETOTHERIGHTHAVINGARADIUSOF7,939.44FEET,ADELTAANGLEOF02029?341?,ACHORDOFWHICHBEARSN-01°36’17-EFOR345.38FEETANARCLENGTHOF345.40FEETTOAPOINT;THENCERUNN02°5502”-E,ALONGSAIDEASTRIGHT-OF-WAYLINE,305.01FEETTOAPOINT;THENCERUNNORTHEASTERLYALONGSAIDEASTRIGHT-OF-WAYLINE,ANDACURVETOTHELEFTHAVINGARADIUSOF7,739.44FEET,ADELTAANGLEOF01°16’39”,ACHORDOFWHICHBEARSN02°16’44”-E,FOR172.55FEETANARCLENGTHOF172.55FEETTOAPOINT;THENCERUNN-07°13’33”-E,ALONGSAIDEASTRIGHT-OF-WAYLINE,91.65FEETTOAPOINT;THENCERUNS-89°49’53”-E,LEAVINGSAIDEASTRIGHT-OF-WAYLINE,1,154.75FEETTOTHEPOINTOFBEGINNING.CONTAINING36.02ACRES,±(the“RockwellParcel”),saidpropertybeingidentifiedbytheBaldwinCountyRevenueCommissionerasParcelNumber46-01-02-0-000-001.503andPIN14535.B.TheRockwellParcelislocatedinBaldwinCounty,andissubjecttothesubdivisionregulationsoftheCityandtheCounty.C.RockwellhaspreviouslysubmittedapreliminarysubdivisionplattotheCityforreviewandapproval(“ExhibitA”)andtotheCountyforreviewandapproval(“ExhibitB”).CollectivelyExhibitAandExhibitBarereferredtohereinasthe“PreliminaryPlat.”ThesubdivisionisknownasRockwellPlace.D.ThePreliminaryPlatforRockwellPlacewasapprovedbytheCityonthe7thdayofFebruary,2022.E.ThePreliminaryPlatforRockwellPlacewasapprovedbytheCountyonthe1jthdayofJanuary,2023.COMPLETIONANDMAINTENANCEAGREEMENTPage 37 of 156 F.Rockwellhasconstructedcertainroadandutilityimprovements(“RoadImprovements”)overandacrosstheareasdesignatedonthePreliminaryPlatas“ROCKWELLBLVD(PUBLICR.O.W.)”and“BUSHELDRIVE(50’PUBLICR.O.W.)”collectively,the“PublicR.O.W.”G.AtthetimeofthisAgreement,theRoadImprovementshavebeenconstructedtothepointof85%completion.H.EncounteristheowneroftheleaseholdinterestincertainrealpropertylocatedinBaldwinCounty,Alabama,whichadjoinstheRockwellParceltothesouth,moreparticularlydescribedasfollows:COMMENCEATTHENORTHEASTCORNEROFTHESW1/4OFTHESW1/4OFSECTION2,TOWNSHIP6,SOUTH,RANGE2,EASTSAINTSTEPHENSMERIDIANFORAPOINTOFBEGINNING;THENCERUNW,ALONGTHENORTHLINEOFTHESW1/4OFTHESW1/4OFSAIDSECTION2FOR1,198FEET,MOREORLESS,TOAPOINTONTHEEASTR.O.W.OFALABAMAHIGHWAY181;THENCENMS00°1T55”WESTFOR621.75FEET;THENCECONTINUINGALONGSAIDR.O.W.,RUNS44°42’28”EFOR42.43FEET;THENCECONTINUINGALONGSAIDR.O.W.,RUNS00O17?32WFOR23.71FEETTOAPOINTONTHENORTHLINEOFAPARCELLEASEDTOCOLONYFENCECOMPANY;THENCERUNN89°52’E,ALONGCOLONYFENCEPARCEL,FOR149.02FEET,MOREORLESS;THENCERUNS02°04’E,CONTINUINGALONGCOLONYFENCEPARCEL,FOR181.09FEET;THENCECONTINUINGALONGCOLONYFENCEPARCELRUNS89°52’WFOR185.91FEET,MOREORLESS,TOAPOINTONTHEEASTR.O.W.OFSAIDALABAMAHIGHWAY181;THENCERUNALONGSAIDR.O.W.,S00°17’32”W,FOR380.07FEET;THENCECONTINUINGALONGSAIDR.O.W.RUNS43°5120”EFOR71.63FEETTOAPOINTONTHENR.O.W.OFALABAMAHIGHWAYNO.104;THENCERUNE,ALONGTHENR.O.W.OFALABAMAHIGHWAY104,FOR1,173FEET,MOREORLESS;THENCERUNNALONGTHEELINEOFTHESW1/4OFTHESW1/4OFSAIDSECTION2FOR1,292FEET,MOREORLESS,TOTHEP.O.B.,LIESINSECTION2,T6S,R2E,BALDWINCOUNTY,ALABAMA,LANDSOFTHEFAIRHOPESINGLETAXCORPORATION(the“EncounterParcel”),saidpropertybeingidentifiedbytheBaldwinCountyRevenueCommissionerasParcelNumber46-01-02-0-000-001.510andPIN108453.I.AportionofthePublicR.O.W.islocatedontheEncounterParcel,beingmoreparticularlydescribedasfollows:COMMENCINGATTHESOUTHWESTCORNEROFLOT1,ROCKWELLPLACE,SAIDPOINTALSOBEINGATTHEPOINTOFINTERSECTIONOFTHEEASTRIGHT-OF-WAYLINEOFSTATEHIGHWAY181ANDTHENORTHRIGHT-OF-WAYLINEOFBUSHELDRIVE;THENCERUNS00°17’32”W,LEAVINGSAIDNORTHRIGHT-OF-WAYLINEOFBUSHELDRIVEANDALONGSAIDEASTRIGHT-OF-WAYLINEOFSTATEHIGHWAY181,76.14FEETTOTHEPOINTOFINTERSECTIONOFSAIDEASTRIGHT-OF-WAYLINEOFSTATEHIGHWAY181ANDTHESOUTHRIGHT-OF-WAYLINEOF2COMPLETIONANDMAINTENANCEAGREEMENTPage 38 of 156 SAIDBUSHELDRIVE;THENCERUNS89°53t51”E,LEAVINGSAIDEASTRIGHT-OF-WAYLINEOFSTATEHIGHWAY181ANDALONGSAIDSOUTHRIGHT-OF-WAYLINEOFBUSHELDRIVE,127.52FEETTOTHEPOINTOFBEGINNING;THENCECONTINUES89°53’51”E,LEAVINGSAIDSOUTHRIGHT-OF-WAYLINE,297.39FEETTOAPOINTONTHEEASTRIGHT-OF-WAYLINEOFSAIDBUSHELDRIVE;THENCERUNS00°07’27”W,ALONGSAIDEASTRIGHT-OF-WAYLINE,90.00FEETTOTHEPOINTOFINTERSECTIONOFSAIDEASTRIGHT-OF-WAYLINEOFBUSHELDRIVEANDSAIDSOUTHRIGHT-OFWAYLINEOFBUSHELDRIVE;THENCERUNN89°53’SI“W,LEAVINGSAIDEASTRIGHT-OF-WAYLINEANDALONGSAIDSOUTHRIGHT-OF-WAYLINE,50.00FEETTOAPOINT;THENCERUNNORTHWESTERLYALONGSAIDSOUTHRIGHT-OF-WAYLINEANDACURVETOTHELEFTHAVINGARADIUSOF40.00FEET,ADELTAANGLEOF89°29’25”,ACHORDOFWHICHBEARSN44°38’25”WFOR56.32FEET,ANARCLENGTHOF62.48FEETTOAPOINT;THENCERUNN89°53’51”W,ALONGSAIDSOUTHRIGHT-OF-WAYLINE,15.10FEETTOAPOINT;THENCERUNNORTHWESTERLYALONGSAIDSOUTHRIGHT-OF-WAYLINEANDACURVETOTHERIGHTHAVINGARADIUSOF225.00FEET,ADELTAANGLEOF29006?28!,ACHORDOFWHICHBEARSN75°20’37”WFOR113.08FEET,ANARCLENGTHOF114.31FEETTOAPOINT;THENCERUNNORTHWESTERLYALONGSAIDSOUTHRIGHT-OF-WAYLINEANDACURVETOTHELEFTHAVINGARADIUSOF171.00FEET,ADELTAANGLEOF29°05’58”,ACHORDOFWHICHBEARSN75°20’52”WFOR85.92FEET,ANARCLENGTHOF86.85FEETTOTHEPOINTOFBEGINNING.CONTAINING0.29ACRESMOREORLESS,OR12,628SQ.FTMOREORLESS,ANDLYINGINSECTION2,TOWNSHIP6SOUTH,RANGE2EAST,BALDWINCOUNTY,ALABAMA.J.TheCountyiswillingtograntfinalsubdivisionplatapproval(“FinalPlatApproval”)forRockwellPlace,subjecttoandinaccordancewiththetermsandconditionscontainedinthisAgreement.TheFairhopePlanningCommissiongrantedRockwellPlacefinalplatapprovalonNovember6,2023,subjecttocertainconditionsofapproval,includingtheconditionthatthePartiesexecutethisAgreementpriortotheexecutionofthefinalplatbytheCityforrecording.K.TheCityagreestoberesponsiblefortheinspectionoftheRoadImprovementsandtheCountyagreestorelinquishresponsibilityfortheinspectionoftheRoadImprovementstotheCity.L.UponapprovalandrecordingoftheFinalPlat,RockwellwillpetitiontheCityforannexationofLot1,CommonArea1,CommonArea2andthePublicR.O.W.(collectively,the“AnnexationParcels”),allbeingaportionoftheRockwellParcelshownintheattachedasExhibit“C”(AnnexationDiagram).M.RockwellshallberesponsibleforthecompletionoftheRoadImprovements,andwillprovideaguarantyofcompletionandamaintenancebondtotheCity.N.RockwellandEncounterwilltakeallstepsnecessarytodedicatethePublicR.O.W.totheCity.3COMPLETIONANDMAINTENANCEAGREEMENTPage 39 of 156 0.TheCitywillannextheAnnexationParcelsandwillacceptthePublicR.O.W.formaintenancesubjecttothetermsandconditionsofthisAgreement.NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thesufficiencyofwhichareherebyacknowledged,thePartiesherebyagreeasfollows:1.Recitals.TheaboverecitalsaretrueandcorrectinallrespectsandformanintegralpartofthisAgreement.2.FinalSubdivisionPlatApproval.TheobligationsofRockwellandEncounter,ascontainedinthisAgreement,areexpresslyconditioneduponRockwell’sreceiptofFinalPlatApprovalfromtheFairhopePlanningCommissionandtheCounty.UponFinalPlatApprovalbytheFairhopePlanningCommissionandtheCounty,therespectiverights,dutiesandobligationsofthepartiesshallbeinfullforceandeffect.3.Annexation.UponFinalPlatApprovalbytheFairhopePlanningCommissionandtheCounty,RockwellwillpetitiontheCityandtakeallstepsnecessaryfortheannexationoftheAnnexationParcels.4.CompletionoftheRoadImprovements.RockwellshallcompletetheRoadImprovementsofPublicR.O.W.inaccordancewithallapplicablelaws,ordinances,rulesandregulationsoftheCity.UponcompletionoftheRoadImprovementsinaccordancewiththeforegoing,RockwellshallscheduleaninspectionmeetingwithrepresentativesoftheCity’sPlanningandBuildingDepartmentforpurposesofhavingtheCityapproveandconcurinsaidcompletion.IntheeventtheCitydeemsanyaspectoftheRoadImprovementstobeincompleteorunacceptableinanyrespect,whichshallbeevidencedbyawrittenpunch-listpresentedbytheCitytoRockwell(the“Punch-List”),Rockwellshallpromptly,and,inanyevent,withintwenty(20)daysofitsreceiptofthePunch-List,correctand/orsatisfy,asapplicable,anyitemssetforthonthePunch-List.5.ResponsibilityforInspectionandMaintenanceoftheRoadImprovements.ThePartiesheretounderstandandagreethattheCityshall,asoftheEffectivedatehereof,assumejurisdictionoverthePublicR.O.W.andallinspectionsthereof,subjecttotheguarantyandbondrequirementsofRockwellascontainedherein.FromandaftertheEffectivedatehereof,theCountyshallhavenoresponsibilityfortheinspectionormaintenanceofthePublicR.O.W.6.DedicationofthePublicR.O.WtotheCity.UponcompletionoftheRoadImprovementsinaccordancewithParagraph4hereof(including,withoutlimitation,correctionand/orsatisfaction,asapplicable,ofanyitemssetforthonthePunch-List),RockwellandEncountershallfileanapplicationtotheCityfordedicationofthePublicR.O.WwithinoneyearoftheEffectiveDateofthisAgreement,subjecttotheremainingtermsandconditionshereof.SuchapplicationshallbeinaformthatisreasonablyacceptabletotheCityandshallotherwisebesubjecttotheCity’sexistingordinances,rulesandregulations.RockwellandEncountershallberesponsibleforallcostsassociatedwiththededicationofthePublicR.O.WandshallprovidesuchassistancetotheCityasshallbenecessarytocausethePublicR.O.W.tobededicatedtotheCity.7.GuarantyofCompletion.InordertosecuretheobligationsanddutiesofRockwellwithrespecttoParagraphs4and6hereof(the“CompletionandDedicationObligations”),RockwellwillprovideaPerformanceBondintheformattachedheretoasExhibit“D”forthebenefitoftheCity(“PerformanceBond”).4COMPLETIONANDMAINTENANCEAGREEMENTPage 40 of 156 8.AdditionalCityRemediesforCompletionDefault.InadditiontotherightsandremediesoftheCitysetforthinParagraph7hereofrelativetoaGuarantyofCompletion,theCityshallhavesuchotherrightsandremediesasareavailableatlaworinequity,including,withoutlimitation,therighttospecificperformanceofthisAgreementandtocallonthesuretyofthePerformanceBond.9.MaintenanceandGuarantyofImprovements.AtthetimeofapplicationfordedicationofthePublicR.O.W.,RockwellwillsubmitaMaintenanceandGuarantyAgreementandMaintenanceBondintheformattachedheretoasExhibit“E”forthebenefitoftheCity.10.LegalCompliance.RockwellandEncountershall,attheirownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyregulationofanygovernmentalbodyhavingjurisdictionwithrespecttothemaintenanceandrepairoftheRoadImprovements,regardlessofwhentheybecomeeffective.11.Indemnification.RockwellandEncountershall,jointlyandseverally,indemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtothisAgreementoranyapprovaloractivityconductedby,oranyactoromissionof,EncounterorRockwellmadeortakenpursuanttothisAgreement.12.ResponsibilityForAgents.RockwellandEncountershallberesponsibleforcompliancebytheirengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsofRockwellandEncounterherein.13.Assignment.RockwellandEncountershallhavetherighttoassigntheirrespectiverights,dutiesandobligationsunderthisAgreementtoathirdpartypurchaserortoanentitythatiscontrolledbyeither;provided,however,thatnotwithstandinganysuchassignment,neithershallbereleasedfromandshallotherwiseremainresponsiblefortheirrespectiveobligationsandliabilitiescontainedinorarisingfromthisAgreement.14.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.15.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.16.EntireAgreement;EffectiveDate.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheRoadImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthe5COMPLETIONANDMAINTENANCEAGREEMENTPage 41 of 156 Partiesrelatingtothesubjectmatterhereof.The“EffectiveDate”ofthisAgreementisthedateofthelastexecutionofthisAgreementbyadulyandauthorizedrepresentativeoftheCityortheCounty.17.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehaviorofRockwellorEncounter.ThisAgreement,and/ortheproceduresapprovingthesame,isinnowaytobeconsideredasasubstituteforanyregulations,procedureorotherrequirementoftheCity.ItisthesoleresponsibilityofRockwellandEncountertocomplyortoensuretheircompliancewithanylocal,state,orfederallaworregulation.18.GoverningLaw.ThisAgreementshallbegovemedbyandconstruedinaccordancewiththelawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.19.Attorney’sFees.Intheeventofanylitigationorotherlegalproceedingforpurposesofenforcingtherights,dutiesandobligationsofthepartieshereunder,theCityshallbeentitledtotherecoveryofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunderintheeventtheCityistheprevailingpartyinanysuchlitigationorotherlegalproceeding.20.Counterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof.21.Headings.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnotaffectinanywaytheconstructionofthetermsofthisAgreement.[RemainderofPageIntentionallyLeftBlank—SignaturesCommenceonFollowingPage]6COMPLETIONANDMAINTENANCEAGREEMENTPage 42 of 156 INWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativeseffectiveasofthedatesetforthabove.ROCKWELL,LLCanAlabamalimitedliabilitycompanyBy:___‘1ThoiIE.Mitcii1TWIts:ManagerSTATEOFALABAMACOUISITYOFLJjflJi,D.ehoraJ,14<Wjd4(7,aNotaryPublic,inandforsaidCountyinsaidState,herebycertifythatTHOMASE.MITCHELL,II,whosenameasManagerofRockwell,LLC,anAlabamalimitedliabilitycompany,issignedtotheforegoinginstrumentandwhoisknowntome,acknowledgedbeforemeonthisdaythat,beinginformedofthecontentsofsuchinstrument,he,assuchofficerandwithfullauthority,executedthesamevoluntarilythedaythesamebearsdate.Givenundermyhandandsealthis/ti4’dayofFbrl4LVc/,2024.1JaNoPublic,StateofAlabaaMyCommissionExpires:.,2—ZOJ;‘,,()‘,‘‘2.,‘[SignaturesContinueonFollowingPage1/‘17COMPLETIONANDMAINTENANCEAGREEMENTPage 43 of 156 STATEOFA&ABAMAflP)e’c.-4icCOUNTYOF________ENCOUNTERanAlabamaBy:Its:I,i-),aNotaryPublic,inandforsaidCountyinsaidState,herebycertif’thatf&yneAi-ktr4,c_,whosenameas4c..çp-ofEncounterDevelopment,LLC,anAlabamalimitedliabilitycompany,issignedtotheforegoinginstrumentandwhoisknowntome,acknowledgedbeforemeonthisdaythat,beinginformedofthecontentsofsuchinstrument,he,assuchofficerandwithfullauthority,executedthesamevoluntarilythedaythesamebearsdate.Givenundermyhandandsealthis/‘dayof,2024.NotaryPublic,StateofMabamaMyCommissionExpiresc’3i/7_o3’•1•SASHALHEMGWAYNotaryPubc,StateofConriecUcutMyCommissOrIEres:[SignaturesContinueonFollowingPage]8LLCMa111frLACOMPLETIONANDMAINTENANCEAGREEMENTPage 44 of 156 THECITYOFFAIRHOPE,ALABAMAamunicipalcorporationorganizedunderthelawsoftheStateofAlabamaBy:________________________SherrySullivanAsIts:MayorATTEST:Date:_______________LisaA.Hanks,CityClerkSTATEOFALABAMACOUNTYOFBALDWINI,___________________________________,theundersignedNotaryPublic,inandforsaidStateandsaidCounty,herebycertifythatSHERRYSULLIVAN,whosenameasMayoroftheCityofFairhope,Alabama,amunicipalcorporationorganizedunderthelawsoftheStateofAlabama,issignedtotheforegoinginstrumentandwhoisknowntome,acknowledgedbeforemeonthisdaythat,beinginformedofthecontentsofsaidinstrument,she,assuchMayorandwithfullauthority,executedthesamevoluntarilyasandfortheactofsaidmunicipalcorporationonthedaythesamebearsdate.Givenundermyhandandofficialnotarialsealthisthe____dayof,2024.NotaryPublicMyCommissionExpires:10COMPLETIONANDMAINTENANCEAGREEMENTPage 45 of 156 BALDWINCOUNTY,ALABAMABy:CommissionerBillieJ0UnderwoodAsIts:ChairmanDate:_____________________STATEOFALABAMACOUNTYOFBALDWINI,______________________________________,aNotaryPublic,inandforsaidCountyinsaidState,herebycertifythatBILLIEJOUNDERWOOD,whosenameasChairmanoftheBaldwinCountyCommissionofBaldwinCounty,Alabama,issignedtotheforegoinginstrumentandwhoisknowntome,acknowledgedbeforemconthisdaythat,beinginformedofthecontentsofsuchinstrument,she,assuchChairmanandwithfullauthority,executedthesamevoluntarilythedaythesamebearsdate.Givenundermyhandandsealthis_____dayof,2024.NotaryPublic,StateofAlabamaMyCommissionExpires:______ATTEST:SignaturesContinueonFollowingPage]9COMPLETIONANDMAINTENANCEAGREEMENTPage 46 of 156 ONLY ' 'BUSHEL ROAD (50' PUBLIC R.O.W)STATE HIGHWAY 181 (R.O.W. VARIES)ROCKWELL BLVD. (PUBLIC R.O.W) CHECKED BY: SHEET: DATE: DRAWN BY: OF SCALE:NUMBER:REVISION:DATE: 30673 Sgt. E. I. "Boots" Thomas Drive, Spanish Fort, AL 36527 Phone: (251) 544-7900 11 E.E.G. Q.M. NOVEMBER, 2021 1" = 60' CORTE PROPERTIES ROCKWELL PLACE PRELIMINARY PLAT x x x x x x x x x SURVEYOR'S CERTIFICATE AND DESCRIPTION OF LAND PLATTED CERTIFICATE OF APPROVAL BY THE COUNTY ENGINEER CERTIFICATE OF APPROVAL BY THE BALDWIN COUNTY PLANNING DIRECTOR SITE DATA CERTIFICATE OF LESSEE CERTIFICATE OF NOTARY PUBLIC CERTIFICATE OF LEASEHOLD OWNERSHIP CERTIFICATE OF NOTARY PUBLIC CERTIFICATE OF ENGINEER OF RECORD “ CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE PUBLIC UTILITIES (WATER AND SEWER) CERTIFICATE OF APPROVAL BY AT&T CERTIFICATE OF APPROVAL BY RIVIERA UTILITIES (ELECTRIC) CERTIFICATE OF APPROVAL BY CITY OF FAIRHOPE PLANNING COMMISSION CERTIFICATE OF THE BALDWIN COUNTY E-911 ADDRESSING GENERAL SURVEYOR'S NOTES: OWNER/LESSOR LESSEE SURVEYOR/ENGINEER UTILITY PROVIDERS Exhibit A - Preliminary Plat approved by the City of Fairhope Page 47 of 156 Page 48 of 156 FAIRHOPE CORPORATE LIMITS TO REMAIN IN COUNTY FOR ANNEXATION FOR ANNEXATON FOR ANNEXATON EXHIBIT “C” ANNEXATION DIAGRAM Page 49 of 156 SUBDIVISION PERFORMANCE BOND Bond No.______________ KNOW ALL MEN BY THESE PRESENTS: THAT, the Planning and Zoning Commission (the “Commission”) of the City of Fairhope, Alabama (the “City”) has approved the final subdivision plat for ___________________ (the “Final Plat”), subject to the satisfaction of certain conditions by the ________________________________ of said subdivision; WHEREAS, the City and ____________________ (“Principal”) have entered into a certain Subdivision Bond Agreement (the “Agreement”) whereby Principal has agreed to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of the Agreement to furnish a financial guaranty to the City for the faithful performance of Principal’s obligations under the Agreement. NOW, THEREFORE, we, Principal and __________________________________ (“Surety”), as surety, are held and firmly bound unto the City, in the penal sum of _________________________________ and _______ Dollars ($_____________) (the “Penal Sum”) lawful money of the United States, for the payment of which sum well and truly to be made, and we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on the part of Principal to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated (collectively, the “Obligations”), then this bond shall become null and void; otherwise it shall be and remain in full force and effect. In the event Principal fails to fully and completely perform all of the Obligations, Surety acknowledges and agrees that it shall be jointly and severally liable with Principal to the City in the amount of the Penal Sum for the full and complete satisfaction of the Obligations. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this bond, all to be taxed as costs and included in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications required thereby. Exhibit D - Performance Bond Page 50 of 156 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety by and through their respective duly authorized representatives, on _______________, 2019. Principal (Seal) Signature of Principal Title of Signatory Surety (Seal) Signature of Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Page 51 of 156 SUBDIVISION PERFORMANCE BOND AGREEMENT NARRATIVE EXHIBIT “A” (DEVELOPMENT NAME) The Subdivision Bond Agreement shall only cover the remaining sidewalk and street trees not installed within the rights of way, as outlined in the attached subdivision bond estimate. Page 52 of 156 Page 1 of 5 MAINTENANCE AND GUARANTY AGREEMENT THIS MAINTENANCE AND GUARANTY AGREEMENT (this “Agreement”) is made and entered into by and between ___________________________________________ [insert name of developer as shown on the final subdivision plat] (the “Subdivider”), and the City of Fairhope, Alabama (the “City of Fairhope”) (the “City”) (the Subdivider, and the City are sometimes hereinafter referred to singularly as a “Party” and collectively as the “Parties”), on the following recitals, terms, and conditions: WHEREAS, the Subdivider is the developer of __________________________ (the “Subdivision”), which Subdivision is recorded as Instrument Number ________ in the records of the Office of the Judge of Probate of Baldwin County, Alabama; WHEREAS, it is contemplated that prior to the City accepting for maintenance those certain items set forth on Exhibit “A” attached hereto (the “Improvements”), the Subdivider will be responsible for maintaining the Improvements for a period of two (2) years (the “Maintenance Period”) from and after the Effective Date (hereinafter defined), and that the Improvements will be free from defects arising during the Maintenance Period, or thereafter in certain circumstances as specified in this this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby covenant and agree as follows: 1.Recitals. The above recitals shall be included as part of this Agreement as necessary contingencies and as if fully set forth herein. 2.Maintenance and Guaranty of Improvements. The Subdivider shall maintain the Improvements during the Maintenance Period and shall keep the Improvements in good and working order, normal wear and tear excepted. The Subdivider hereby guarantees and warrants the Improvements and the workmanship associated with the construction and installation of the Improvements until the expiration of the Maintenance Period, and thereafter as specified below. In the event any defect in the Improvements and/or the workmanship associated with the construction and installation of the Improvements (a “Defect”) arises, in whole or in part, during the Maintenance Period, the Subdivider shall be responsible correcting the same. During the Maintenance Period the Subdivider shall monitor and inspect the Improvements and shall remedy any Defect of which it in any manner becomes aware within ten days of becoming so aware, except that in the event a Defect is not capable of being remedied within said ten-day period, the Subdivider shall have such time as is reasonably necessary to remedy such Defect so long as the Subdivider has commenced its remedial efforts within such ten-day period and pursues completion of such remedial efforts with due diligence. Not less than 30 days or more than 60 days before expiration of the Maintenance Period the Subdivider shall schedule with the City’s Building Official, or his designee, a joint inspection of the Improvements by the Subdivider and City. The City will give the Subdivider a Notice of Defects identified as a result of such inspection within 15 days of the inspection. Any and all Defect(s) so identified by the City shall be remedied by the Subdivider within ten days of the Notice of Defects, except that in Exhibit E - Maintenance Bond and Agreement Page 53 of 156 Page 2 of 5 the event a Defect is not capable of being remedied within said ten-day period, the Subdivider shall have such time as is reasonably necessary to remedy such Defect so long as the Subdivider has commenced its remedial efforts within such ten-day period and pursues completion of such remedial efforts with due diligence. However, any and all Defects identified by the City shall be completely remedied, to the complete satisfaction of the City, prior to acceptance of the Improvements by the City. Additionally, in the event other Defects arise after expiration of the Maintenance Period, but prior to all Defects identified by the City in the Notice of Defects being completely remedied by the Subdivider, the Subdivider shall be responsible for remedying such other Defect(s), in like manner as set forth above, prior to the City accepting the Improvements. It is the intent of this Agreement that there be no Defect(s) in the Improvements at the time the City accepts the same. 3. Financial Guaranty of Performance. As a condition to the City agreeing to enter into this Agreement, the Subdivider shall provide the City with an acceptable surety/financial guarantee of the payment and performance of its obligations hereunder (the “Guaranty”). The Guaranty shall be provided by a surety and shall be in a form that is acceptable to the City in its sole and absolute discretion and shall be in an amount of $____________. In the event the foregoing condition precedent is not satisfied within _______________ (__) days of the Effective Date, the obligation of the City to accept the Improvements for maintenance under Section 4 hereof shall terminate and be of no further force or effect. 4. City to Accept Improvements for Maintenance. Upon expiration of the Maintenance Period, and provided that the Subdivider has fully performed under this Agreement, the City shall accept maintenance of the Improvements. 5. Failure to Perform. In the event the Subdivider shall fail in whole or in part to perform any term, covenant or condition of this Agreement or in the event of a Defect (a “Default”), the City may issue a written notice of default to the Subdivider (a “Notice of Default”). If the Subdivider has not cured the Default within ten (10) days of its receipt of the Notice of Default, the City shall have the right to take any or all of the following actions: (a) complete/remedy any Default, including, without limitation, the right to cure any Defect, at the sole cost and expense of the Subdivider; (b) call on or otherwise exercise its rights under the Guaranty; and/or (c) exercise any other right or remedy available to the City at law or in equity, including the right to pursue and obtain specific performance. In the event the City exercises any of the foregoing rights and expends any funds in connection therewith, the Subdivider shall reimburse the City for any such expended funds within ten (10) days of demand for such funds by the City. Any funds not so reimbursed by the Subdivider within said ten (10) day period shall thereafter accrue interest at the rate of twelve percent (12%) per annum. Page 54 of 156 Page 3 of 5 6. Legal Compliance. The Subdivider shall, at its own expense, comply with all applicable laws, ordinances, regulations, rules and orders, whether federal, state or local, or any regulation of any governmental body having jurisdiction over the Subdivision or the Subdivider with respect to the maintenance and repair of the Improvements, regardless of when they become effective. The Subdivider shall not use, nor permit the use of the Improvements for any purpose in violation of such laws, regulations, rules or orders. The Subdivider represents and warrants to the City that the Subdivider is acting with full and legal authority with respect to the Improvements. 7. Indemnification. The Subdivider shall indemnify, defend and hold harmless the City and its affiliates, elected officials, employees, agents, representatives, contractors, subcontractors, licensees and invitees from and against any and all claims, violations of law, demands, liabilities, damages, losses, judgments, costs, and expenses including, without limitation, attorneys’ fees, arising out of or otherwise related to any approval or activity conducted by, or any act or omission of, the Subdivider made or taken pursuant to this Agreement. 8. Responsibility For Agents. The Subdivider shall be responsible for compliance by its engineers, architects, contractors, subcontractors, employees, agents, and representatives (collectively, the “Representatives”) with the terms of this Agreement and for all acts or omissions by any or all of the Representatives relating to the obligations of the Subdivider herein. 9. No Assignment. The Subdivider shall not have the right to assign this Agreement or any rights or obligations hereunder without the City’s prior written consent, which consent may be withheld in the sole and absolute discretion of the City. Any attempted assignment shall be void. No assignment shall relieve the Subdivider of its liabilities and obligations herein. 10. Agency. It is neither the express nor the implied intent of the Parties to create an agency relationship pursuant to this Agreement; therefore, any actions of the Parties shall not be considered or implied to create such agency. 11. No Waiver. The failure of the City to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. 12. Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties with respect to the construction of the Improvements and there are no further or prior agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. 13. No Endorsement. The City in no way whatsoever is deemed to have approved, provided, given, or allowed to be given any authorization, endorsement, approval, or consent of the business practices, actions or behavior of the Subdivider. This Agreement, and/or the procedures approving the same, is no way to be considered as a substitute for any regulations, Page 55 of 156 Page 4 of 5 procedure or other requirement of the City. It is the sole responsibility of the Subdivider to comply or to ensure its own compliance with any local, state, or federal law or regulation. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflicts of law principles. 15. Attorney’s Fees. In the event the City initiates litigation or any other legal proceeding for purposes of enforcing its rights, duties and obligations hereunder and is the prevailing party in any such litigation or other legal proceeding, the City shall be entitled to the recovery of its attorney’s fees in addition to any other remedy provided hereunder. 16. Counterparts. This Agreement may be executed in one or more counterparts and by the different parties hereto under separate counterparts, any one of which need not contain the signatures of more than one party, but all of which when taken together shall constitute one and the same instrument notwithstanding that all parties have not signed the same counterpart hereof. 17. Headings. The section headings contained in this Agreement are inserted as a matter of convenience and shall not affect in any way the construction of the terms of this Agreement. 18. Effective Date. As used herein, the term “Effective Date” means the date of execution of this Agreement by the Mayor of the City as set forth below. IN WITNESS WHEREOF, the Parties, having full authority to do so, have fully executed this Agreement by and through their respective duly authorized representatives as of the last date of execution below. [Insert Name of Subdivider] By:_______________________________________ Name:______________________________ As Its:______________________________ Date:_______________________________ THE CITY OF FAIRHOPE, ALABAMA By:_______________________________________ As Its Mayor Date:_______________________________ ATTEST: ___ Page 56 of 156 Page 5 of 5 , City Clerk EXHIBIT “A” The Improvements [Insert description of all improvements subject to City maintenance] Page 57 of 156 1 MAINTENANCE BOND USE BLACK INK ONLY SURETY’S BOND NUMBER ______________________ The PRINCIPAL (Name and address of Subdivider as appear in the Construction Contract) The SURETY (Name and Principal Place of Business) The CITY City of Fairhope, Alabama Attn: Planning and Zoning Director 555 South Section Street Fairhope, Alabama 36532 The PENAL SUM of this Bond: __________________________ and ___/100 Dollars ($_________). Name and date of the CONTRACT: Maintenance and Guaranty Agreement dated ___________, 202_ The PROJECT: __________________ Subdivision ______________________________________________________________________________ 1. WE, THE PRINCIPAL (hereinafter “Subdivider”) AND THE SURETY, jointly and severally, hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the City in the Penal Sum stated above for the performance of the Contract, which is incorporated herein by reference. If the Subdivider performs the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 2. Whenever the Subdivider fails to perform any term or condition or other obligation of the Contract, the City, acting through any agent of the City, shall have the right to give the Subdivider and the Surety, at their addresses stated above, a written Notice to Default. 3. The Surety’s obligation under this Bond becomes effective after the Surety’s receipt of a Notice of Default. Upon the Surety’s receipt of a Notice of Default, the Surety shall, at its expense: Page 58 of 156 2 (a) Immediately take charge of the work required of the Subdivider by the Contract (the “Work”) and be responsible for the safety, security, and protection of the Work, including materials and equipment stored on and off the Project site, and (b) Within fourteen (14) days after the Surety’s receipt of the Notice of Default, proceed, or provide the City with written verification that satisfactory positive action is in process to facilitate proceeding promptly, to complete the Work in accordance with the Contract, either with the Surety’s resources or through a contract between the Surety and a qualified contractor to whom the City has no reasonable objection. 4. The Surety shall neither require, nor be entitled to, any agreements or conditions other than those of this Bond and the Contract. In taking charge of and completing the Work, the Surety shall assume all rights and obligations of the Subdivider under the Contract. The presence or possibility of a claim by the Surety against the Subdivider shall not be just cause for the Surety to fail or refuse to promptly take charge of and complete the Work. 5. Nothing contained in this Bond shall be construed to mean that the Surety shall be liable to the City for an amount exceeding the Penal Sum of this Bond, except in the event that the Surety should be in default under the Bond by failing or refusing to take charge of and complete the Work pursuant to Paragraph 3. If the Surety should fail or refuse to take charge of and complete the Work, the City shall have the authority to take charge of and complete the Work, or have it completed, and the following costs to the City shall be recoverable under this Bond: (a) the cost of completing the Subdivider’s responsibilities under the Contract, including correction of any defective work thereunder; (b) additional design, engineering, managerial, and administrative services, and reasonable attorneys’ fees incident to completing the Work; (c) interest on, and the cost of obtaining, funds to necessary to cover the costs of completing the Work; and (d) additional design, engineering, managerial, and administrative services, and reasonable attorneys’ fees incident to ascertaining and collecting the City’s losses under the Bond. 6. This Bond and the rights and duties of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflicts of law principles. [Remainder of Page Intentionally Left Blank] Page 59 of 156 3 SIGNED AND SEALED this _________ day of ___________________, 202___. ATTEST: SUBDIVIDER as PRINCIPAL: By Name and Title Countersigned by Alabama Resident Agent for Surety: SURETY: By By Name Address Name and Title Page 60 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-244 FROM: Lisa Hanks, CITY CLERK SUBJECT: The City of Fairhope and Fairhope Airport Authority can receive the grant funding described above, acting for and in behalf of the H. L. “Sonny” Callahan Airport in Fairhope, Alabama so that the grant applications for this AIP funding opportunity may be finalized, approved, and accepted in accordance with applicable law and procedures. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Approve and Adopt the Resolution - That the Mayor is hereby authorized to sign and execute any necessary and appropriate documents, including grant applications and grant agreements, so that the City of Fairhope and Fairhope Airport Authority can receive the grant funding described above, acting for and in behalf of the H. L. “Sonny” Callahan Airport in Fairhope, Alabama so that the grant applications for this AIP funding opportunity may be finalized, approved, and accepted in accordance with applicable law and procedures. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 61 of 156 For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 62 of 156 RESOLUTION NO. _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, APPROVING AND AUTHORIZING THE CITY TO APPLY FOR AND ENTER INTO A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE BENEFIT OF FAIRHOPE AIRPORT AUTHORITY AND THE FAIRHOPE AIRPORT WHEREAS, the United States of America acting through the Federal Aviation Administration has offered to pay an amount not to exceed $150,000.00, together with matching funds from the Alabama Department of Transportation in the amount of $8,334.00, for the 2024 AIP Funding Opportunity, with the overall scope of the projects being reimbursement for land acquisition; WHEREAS this offer of the Federal Aviation Administration and the Alabama Department of Transportation is contingent upon the sponsor's acceptance of the grant in accordance with its terms, namely and including, among others, the “Airport Sponsor Assurances” included as part of the Grant Agreements; WHEREAS, the City of Fairhope continues as a sponsor of the H. L. “Sonny” Callahan Airport due in part to a funding agreement between the City and Fairhope Airport Authority related to a portion of the H. L. “Sonny” Callahan Airport property; and WHEREAS, the City, as airport sponsor, desires to apply for and to accept the AIP Funding Opportunity for the benefit of Fairhope Airport Authority and the Airport. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, in a regular meeting of the City Council, that the Mayor is hereby authorized to sign and execute any necessary and appropriate documents, including grant applications and grant agreements, so that the City of Fairhope and Fairhope Airport Authority can receive the grant funding described above, acting for and in behalf of the H. L. “Sonny” Callahan Airport in Fairhope, Alabama so that the grant applications for this AIP funding opportunity may be finalized, approved, and accepted in accordance with applicable law and procedures. Adopted this the 6th day of March, 2024 _______________________________ Corey Martin, Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 63 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-261 FROM: Nicole Love, Grants Coordinator SUBJECT: Magnolia Beach Shoreline Restoration - GOMESA grant award AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Authorizes acceptance of the Gulf of Mexico Energy Security Act of 2006 (GOMESA) grant award from the State of Alabama Department of Conservation and Natural Resources (ADCNR) and authorize the Mayor to sign the grant agreement and other grant related documents. BACKGROUND INFORMATION: Erosion of this City’s beach has been an ongoing concern for some time. In the past 15- 20 years, beach erosion has threatened some of the City’s infrastructure at the north end of Magnolia Beach Park and the City has been doing regular and costly beach nourishments in lieu of building a bulkhead to maintain that beach. Beach nourishment is the direct placement of beach quality sand on the beach to widen the beach. The City has restored the sand beach at the north end of Magnolia Beach Park with regular nourishment (some heavy) projects on a dozen occasions since 2004. Exported, washed beach sand average cost per renourishments is in excess of $20,000.00 not including equipment and labor to place and grade sand. In 2016, the City of Fairhope engaged South Coast Engineers, the preeminent coastal engineering firm in Coastal Alabama, to conduct a study and prepare a conceptual plan to restore and permanently stabilize Magnolia Beach. The resultant Beach Management Plan covers two of the City’s Beaches – this grant request is solely to address the erosion at Magnolia Beach. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 64 of 156 GOMESA LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 65 of 156 RESOLUTION NO. --- AUTHORIZING THE EXECUTION OF A GOMESA GRANT AGREEMENT WITH THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR THE MAGNOLIA BEACH SHORELINE RESTORATION WHEREAS , the City of Fairhope was r ecentl y awarded a Gulf of Mexico Energy Security Act of 2006 (GOMESA) Grant (No. G-CFMB /23 /CF) with the Agreement by and be tw ee n the State of Alabama Department of Conservation and Natural Resourc es (ADCNR) for the Magnolia Beach Shoreline Restoration ; and WHEREAS , the total es timated project cost is $700,000.00 , of which th e grant amount is a not-to-exceed amount of $620,000.00 to allow satisfactory completion of all Project Services following the execution of thi s Agreement; and WHEREAS , the City of Fairhope warrants and represents that it will use the GOMESA funds provided under thi s Agreement in accordance with approved GOMESA and consistent with all applicable stated and federal laws ; and WHEREAS , City Staff will provide oversight of the project which shall begin on the date of the Mayor 's signature and end in approximately 24 months ; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that City Council authorizes acceptance of the GOMESA Grant award from ADCNR and authorizes the Mayor to sign the Grant Agreement and other grant related documents on behalf of the City; DULY ADOPTED THIS 6TH DAY OF MARCH , 2024 ATTEST: Lisa A. Hanks , MMC City Clerk Corey Martin, Council Pre sident Page 66 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 1 of 16 Rev. 11/1/2023 STATE OF ALABAMA ) ADCNR GRANT#: G-CFMB/23/CF BALDWIN COUNTY ) GOMESA GRANT AGREEMENT THIS GOMESA GRANT AGREEMENT, (“Agreement”) is made and entered by and between the State of Alabama Department of Conservation and Natural Resources hereinafter, referred to as “ADCNR”, and City of Fairhope, hereinafter referred to as “Grantee” (ADCNR and Grantee collectively hereinafter “Parties”) to provide funding made available to the State of Alabama under the Gulf of Mexico Energy Security Act of 2006 (“GOMESA”). In consideration of the mutual covenants herein contained, Grantee hereby agrees to perform, in proper sequence and in the time specified, all tasks necessary for successful completion of the project as hereinafter set forth. 1. PROJECT PURPOSE AND IDENTITY: The purpose of the Agreement is to provide funding under the Gulf of Mexico Energy Security Act of 2006 (GOMESA) to Grantee, in accordance with the authorized uses and purposes set forth in GOMESA, to construct a shoreline stabilization and beach nourishment project at Magnolia Beach Park in Fairhope, AL, as described in the Disbursement Justification attached as Exhibit A (“Project”). 2. CERTIFICATION OF AUTHORIZED USES FOR PROJECT SERVICES: Grantee warrants and represents that it will only use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Specifically, Grantee will use these funds for projects that satisfy one or more of the following authorized uses: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. 3. PROJECT SERVICES: Grantee warrants and represents that it will use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Furthermore, Grantee shall provide, in accordance with all applicable laws, executive orders, codes, regulations, etc., all the Page 67 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 2 of 16 Rev. 11/1/2023 necessary labor, materials, services, and facilities to successfully complete the Project and fulfill all requirements of this Agreement including, but not limited to, requirements as set forth in Paragraphs 9 and 14. 4. PROJECT PERFORMANCE PERIOD: The Project Performance Period shall begin on the date of the Commissioner’s signature (“Project Commencement Date”) and end TWENTY-FOUR (24) months after the Project Commencement Date. 5. AGREEMENT TERM: The Agreement Term for the fulfillment of all Project Services shall begin on the date of the Commissioner’s signature (“Effective Date”) and end ninety (90) days after the end of the Project Performance Period, unless extended in writing by ADCNR by amendment as provided herein. 6. NOTICE TO PROCEED: Grantee shall proceed with performing Project Services upon receipt of a fully executed Agreement which has been approved by the appropriate State of Alabama officials. 7. FUNDING AMOUNT/PAYMENT: ADCNR agrees to provide advance disbursement of GOMESA funds to Grantee for payment of Allowable Costs pursuant to two payments, for a total Agreement amount not to exceed SIX HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($620,000.00), to allow satisfactory completion of all Project Services following full execution of this Agreement and submission by Grantee of an invoice for payment which shall include a reference to the Grant Number identified above. In the event these funds are not fully expended before the end of the Project Performance Period, the Grantee shall return the remaining funds to the ADCNR prior to the end of the Agreement Term in such manner as specified by ADCNR. 8. CONTINGENCY/ FUNDING AVAILABILITY: Grantee acknowledges and agrees that the commencement and continuation of funding pursuant to this Agreement shall be specifically contingent upon the receipt and availability of GOMESA funding for this Project. 9. ALLOWABLE COSTS: Allowable Costs allowed under this Agreement shall be determined in accordance with Exhibit A, subject to all requirements of GOMESA, local, state, and federal laws, as well as other applicable requirements, including the following: a. Grantee agrees that any expenditure related to any type of lower tier contract or subaward support prior to execution of a written agreement for such purpose may not qualify as an Allowable Cost. Page 68 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 3 of 16 Rev. 11/1/2023 b. Grantee shall immediately notify ADCNR in writing in the event, subsequent to execution of this Agreement, it receives other financial assistance to support or fund any activity related to Project Services. Grantee further agrees that no costs funded by such other sources constitute Allowable Costs to be funded pursuant to this Agreement. c. Grantee acknowledges that no pre-award costs or other costs incurred prior to the Effective Date of this Agreement shall constitute Allowable Costs, unless it receives express written approval from ADCNR. d. Grantee agrees that all disbursed funds shall be expended solely for Allowable Costs and that the amount of any expenditure determined by ADCNR not to constitute an Allowable Cost shall be immediately returned to ADCNR in such manner as specified by ADCNR. 10. REPORTS: Grantee agrees to submit semi-annual financial and performance reports no later than April 30 and October 30 of each year following execution of this Agreement. The semi-annual reports shall provide supporting documentation detailing Allowable Cost expenditures and Project activities during the reporting period. The Grantee further agrees to submit a Completion Report no later than ninety (90) days after the end of the Project Performance Period. The Completion Report must include a summary financial report detailing Project expenditures and a certification confirming both that Grantee has completed all Project Services and that all expenditures by Grantee of funds received pursuant to this Agreement constituted Allowable Costs. The Completion Report shall include supporting documentation establishing the Allowable Costs as to all expenditures, documents necessary to evidence successful Project completion, and any other documents to be maintained by ADCNR for purposes of recordkeeping and audit compliance. Additionally, if requested by ADCNR, data and reports generated or compiled within the scope of this Agreement shall be provided in digital format as may be specified by ADCNR. Grantee agrees that failure to submit such reports in a timely manner may result in the termination of this Agreement. All reports and correspondence submitted to ADCNR in connection with this Agreement shall be identified by the Grant Number identified above and shall be sent to the following: Alabama Department of Conservation and Natural Resources Attention: GOMESA Coordinator 31115 Five Rivers Blvd. Spanish Fort, AL 36527 Page 69 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 4 of 16 Rev. 11/1/2023 11. INDEMNIFICATION AND HOLD HARMLESS: a. Grantee agrees to protect, defend, indemnify, save and hold harmless the State of Alabama and ADCNR, and any and all of their officers, agents, and employees, from and against any and all claims, demands, expense and liability arising out of injury or death to any person, or the damage, loss or destruction of any property, which may occur or in any way grow out of, any act or omission of ADCNR, its officers, agents, and employees, the Grantee, and the Grantee’s agents, servants, employees, and subcontractors. Grantee’s obligation and duty to protect, defend, indemnify, save and hold harmless ADCNR and its agents and employees shall include and extend to any and all costs, expenses, attorney fees, judgements, awards, and settlements incurred by the parties or their agents or employees as a result of any claims, demands, and/or causes of action arising out of the performance of the obligations or objectives set forth herein. Grantee agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims are groundless, false or fraudulent. b. Grantee further agrees it releases from liability and waives its right to sue the State of Alabama and ADCNR, and their officers, agents, and employees, regarding any and all claims resulting in any physical injury, economic loss, or other damage or loss as a result of or related in any way to the Agreement. c. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. 12. CLAIMS FOR LIENS: Grantee shall be solely liable for and shall hold the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants, employees, and volunteers of each, harmless from any and all claims or liens for labor, services or material furnished to Grantee in connection with the performance of its obligations under this Agreement. 13. ASSIGNMENT / AMENDMENT: Grantee shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of ADCNR. ADCNR may from time to time, request amendments to various provisions of this Agreement. Such amendments, which are mutually agreed upon between ADCNR and Grantee, must be in writing and approved by all signatory/authorities prior to becoming effective. Page 70 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 5 of 16 Rev. 11/1/2023 14. CLOSEOUT PROCESS: The closeout process is the final reconciliation and reporting of program expenses and activities. This involves reviewing program expenditures and completion of deliverables, resolving any open commitments, collecting subrecipient documents, and submitting the required final reports, while adhering to the schedule developed by ADCNR. Grantee shall promptly finalize the closeout process upon the conclusion of the Project Performance Period. Any remaining payments or amounts otherwise due to Grantee may be withheld until all closeout documents and deliverables have been received by ADCNR. 15. TITLE VI AND EQUAL EMPLOYMENT OPPORTUNITY: The Grantee will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements issued pursuant to that title. In accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Agreement. 16. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of the respective Parties hereto. 17. COMPLIANCE WITH LAWS: The Grantee shall comply with all applicable laws, ordinances, regulations, and codes of the federal, state, and local governments in the performance of this Agreement. Grantee shall procure all applicable federal, state, and local permits and shall pay all said fees. Grantee further agrees and acknowledges that the ADCNR is relying upon the Grantee to maintain compliance with all provisions of GOMESA in connection with Project Services and related activities and expenditures. 18. TAX / ASSESSMENT RESPONSIBILITY: Grantee hereby agrees that the responsibility for payment of any taxes or assessments associated with the Project shall be the Grantee's obligation and shall be identified under the appropriate Tax Identification Number. 19. ACCESS TO RECORDS: The State of Alabama, through ADCNR auditors and/or Alabama Examiners of Public Accounts, and the Federal Government, through any of their duly authorized representatives, shall be entitled to audit the books, documents, papers, records of the Grantee, and any lower tier recipients which are reasonably related to this Agreement. Grantee agrees to assist with any such audit as requested by ADCNR and further agrees to the following: a. Grantee shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the Agreement period and for Page 71 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 6 of 16 Rev. 11/1/2023 six (6) years after date of final payment under this Agreement or as otherwise required pursuant the Department of Conservation and Natural Resources Records Disposition Authority (requirements current as of date of this Agreement available at: https://archives.alabama.gov/officials/rdas/conservation_rda.pdf), whichever period expires later, for inspection by any of the above entities, and copies thereof shall be furnished, if requested. b. Pursuant to Alabama Act No. 94-414, Grantee must forward a copy of every audit report issued in connection with funding provided under this Agreement where public funds are received and/or disbursed to: Department of Examiners of Public Accounts, P. O. Box 302251, Montgomery, Alabama 36130-2251, ATTN: Audit Report Repository; or to Central.Records@Examiners.Alabama.gov. Grantee shall also simultaneously therewith forward a copy of same to ADCNR. c. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. 20. INSURANCE: In addition, Grantee shall maintain in force, at its sole expense, liability insurance for injury or death or damage to property, in the amount of FIVE MILLION DOLLARS ($5,000,000), and shall include ADCNR, its officers, employees, and agents, as additional insureds in said insurance policy. Grantee shall provide to ADCNR a current certificate of insurance and said insurance carrier or carriers shall be required to provide unto ADCNR at least thirty (30) days’ written notice of any cancellation or modification of coverage under any such policies. Any notices required to be provided by ADCNR hereunder shall be made to General Counsel, State of Alabama Department of Conservation and Natural Resources, 64 North Union Street, Suite 474, Montgomery, Alabama, 36130. 21. TERMINATION: In addition to terms of Paragraphs 8, 25, and 37, this Agreement may be terminated as follows: a. If, in the determination of ADCNR, Grantee fails to fulfill in timely and proper manner its obligations under this Agreement or violates any of the covenants, agreements or stipulations of this Agreement, ADCNR, in addition to all other available remedies, shall thereupon have the right to terminate this Agreement by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. Page 72 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 7 of 16 Rev. 11/1/2023 b. ADCNR may terminate this Agreement at any time without cause by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. c. If the Agreement is terminated by ADCNR, as provided herein, Grantee shall promptly submit a statement detailing the actual services performed and associated Allowable Costs to date of termination. The Grantee shall immediately return any remaining funds to ADCNR in such manner as specified by ADCNR. 22. PRESS / EVENTS: Grantee shall notify the ADCNR of the location, date, and time of any press conferences, press releases, etc. related to this Project at least five (5) working days prior to the scheduled event or release. 23. CONFLICT OF INTEREST CERTIFICATION: The Grantee by his/her/its signature, certifies to the best of his/her/its knowledge and belief, no conflicts of interest existed or now exist which have, may have or have had any effect on this Agreement or any expenditure of funds associated with this Agreement. In addition, in the event Grantee cannot maintain this certification at any point during the Agreement Term, Grantee shall immediately notify ADCNR in writing at the address set forth in Paragraph 32 and suspend performance of services under this Agreement as well as any expenditure of funds under this Agreement until the potential conflict of interest is resolved to ADCNR’s satisfaction. 24. NONDISCRIMINATION: Grantee agrees to comply with all federal and state laws which prohibit discrimination, including on the basis of race, color, religion, age, sex, pregnancy, national origin, genetic information, veteran status or disability. 25. PRORATION: In the event of the proration of the fund from which payment under this Agreement is to be made, the Agreement will be subject to termination. 26. NOT A DEBT OF THE STATE: It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this Agreement shall contravene any statute or constitutional provision or amendment, either now in effect or which may, during the course of this Agreement, be enacted, then that conflicting provision in the Agreement shall be deemed null and void. Page 73 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 8 of 16 Rev. 11/1/2023 27. ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute between the Parties, senior officials of both Parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this Agreement which are not resolved by negotiation, the Parties agree to utilize appropriate forms of non- binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. 28. IMMIGRATION: By signing this Agreement, the Grantee affirms, for the duration of the Agreement, that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, if found to be in violation of this provision, Grantee shall be deemed in breach of the Agreement and shall be responsible for all damages resulting therefrom. 29. NOT ENTITLED TO MERIT SYSTEM: Grantee understands and agrees that nothing in this Agreement entitles Grantee to any benefits of the Alabama State Merit System. 30. BOYCOTT: In compliance with Alabama Act No. 2016-312, Grantee hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the State can enjoy open trade. 31. ECONOMIC BOYCOTT: In compliance with Ala. Act No. 2023-409, by signing this Agreement, Grantee provides written verification that Grantee, without violating controlling law or regulation, does not and will not, during the term of the Agreement engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. 32. NOTICE: Contact information of Parties for purposes of providing notice pursuant to the terms of this Agreement will be as set forth below, unless and until updated information is provided: All notices required to be given to ADCNR shall be sufficient if sent by certified mail or overnight courier to the following address: To ADCNR: Page 74 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 9 of 16 Rev. 11/1/2023 Attention: Christopher M. Blankenship, Commissioner Alabama Department of Conservation and Natural Resources 64 N. Union St., Suite 468 Montgomery, AL 36130 All notices required to be given to the Grantee shall be sufficient if sent by certified mail or overnight courier to the following address: To Grantee: City of Fairhope Attention: Sherry Sullivan, Mayor P.O. Box 429 Fairhope, AL 36533 33. SEVERABILITY: In the event any terms or provisions of this Agreement are deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms or provisions hereof. 34. GOVERNING LAW / SOVEREIGN IMMUNITY: This Agreement and related matters shall be construed in accordance with and governed by the substantive and adjective laws of the State of Alabama, including but not limited to the State’s right of immunity from suit as provided by Article 1 Section 14 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, without regard to its conflicts of law provisions. 35. CHOICE OF LAW / VENUE: Grantee agrees that the laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, and that, notwithstanding any provision to the contrary, the venue of any legal action brought in connection herewith shall be the Circuit Court of Montgomery County, Alabama. 36. ENFORCEMENT OF RIGHTS AND OBLIGATIONS: Failure of ADCNR to strictly or promptly enforce the rights and obligations herein shall not operate as a waiver thereof. 37. FORCE MAJEURE: In the case of a Force Majeure Event as defined herein, ADCNR reserves the right to immediately terminate the Agreement without prior notice to Grantee. Should this occur, neither party shall be liable for or be considered in breach of this Agreement due to any failure to perform its obligations as a result of a cause beyond its control, including, without limitation: (i) acts of God; (ii) flood, fire or explosion; (iii) actions, embargoes, quarantines, or blockades in effect on or after the date of this Agreement; (iv) national, state, or regional emergency whether ongoing or occurring on or after the date of this Agreement; (v) public health emergencies, outbreak, epidemic, or Page 75 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 10 of 16 Rev. 11/1/2023 pandemic, whether ongoing or occurring on or after the date of this Agreement, including, without limitation, COVID-19; or (vi) any other event which is beyond the reasonable control of such party (each of the foregoing, a "Force Majeure Event"). 38. NO AGENCY: By entering into this Agreement, Grantee understands and agrees it is not an agent of the State, its officers, employees, agents or assigns. The Grantee is an independent entity from the State and nothing in this Agreement creates an agency relationship between the Parties. 39. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 40. SUPERSEDES: ADCNR and grantee represent that this Agreement supersedes all proposals, oral and written, all previous contracts, agreements, negotiations, and all other communications between the parties with respect to the subject matter hereof. 41. REVIEW AND EXECUTION: Grantee acknowledges and agrees that it has had the opportunity to seek legal counsel in connection with reviewing and executing this Agreement. Accordingly, any rule of law or legal decision potentially requiring interpretation of any claimed ambiguity in this Agreement against the drafting party shall have no application and is expressly waived by Grantee. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized. ADCNR: GRANTEE: ________________________________ ____________________________________ Christopher M. Blankenship Signature Commissioner Date: ____________________________ ____________________________________ Printed Name ____________________________________ Title Page 76 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 11 of 16 Rev. 11/1/2023 EXHIBIT A State of Alabama Gulf of Mexico Energy Security Act of 2006 Disbursement Justification Background: The Gulf of Mexico Energy Security Act (GOMESA) was enacted by Congress in 2006 and significantly enhances outer Continental Shelf (OCS) oil and gas leasing activities and revenue sharing in the Gulf of Mexico. Among other things, GOMESA provides for enhanced sharing of leasing revenues with Gulf producing states and the Land & Water Conservation Fund for Coastal Restoration projects. The GOMESA authorizes uses of the proceeds for the following purposes: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. Project Description: Fairhope Magnolia Beach Renourishment The City of Fairhope is located in Baldwin County on the eastern shore of Mobile Bay, encompassing 12 square miles of land. The 2020 U.S. Census Bureau estimated a population of 22,477, up from 15,326 in 2010, showing a population increase of over 30%, making Fairhope one of Alabama's fastest growing cities. There is an urgent need to preserve the city's natural resources, especially the pristine beach areas, while accommodating growth and increased tourism. Tourism to the City of Fairhope has increased substantially, now representing a major component of the city's economy. Held each March since 1952, Fairhope's Arts and Crafts Festival brings in about 275,000 visitors and an $8 million-dollar economic impact annually. Thousands of pedestrians also enjoy the Alabama Coastal Bird Fest held each October and First Friday Art Walks are held monthly. Page 77 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 12 of 16 Rev. 11/1/2023 In 2016, the City of Fairhope conducted a study and prepared a conceptual plan to restore and permanently stabilize the beach at Magnolia Beach Park. The Magnolia Beach Park is located half a mile south of the Fairhope Municipal Pier and consists of half a mile of shoreline (Figure 1). Erosion along the Magnolia Beach Park has been an on-going concern for many years. In the past 15 to 20 years, beach erosion has threatened some of the city's infrastructure at the north end of Magnolia Beach Park and the city has performed regular and costly beach nourishments in lieu of building a bulkhead to maintain the beach. See Figure 2 for images of the erosion, which shows the undercutting to the existing bluff. The City of Fairhope will utilize these funds to restore and stabilize Magnolia Beach Park. The project will encompass several tasks, including coastal engineering, design, and permitting, as well as the construction of a shoreline stabilization project at the north end of Magnolia Beach Park that includes an offshore segmented breakwater system in conjunction with a major beach nourishment project. The purpose is to stabilize the highly visible sandy beach shoreline while providing more permanent infrastructure protection (Figure 3). The project will also include a vegetative component at the appropriate locations, essentially above +4 to +5 feet mean lower low water. Plantings will be in conjunction with the minimum beach template to emulate some of the existing areas, to reduce wind-blown sand issues. The configuration of the proposed plan as shown in Figure 3, includes the installation of two shore parallel, rock breakwaters, with the intention of slowing erosion and retaining the newly placed sand. The primary purpose of the rock breakwaters will help stabilize a new sand fill to protect the small upland bluff in a more permanent configuration, one which will provide a wider beach in the form of small pocket beaches and stable slope up to the bluff elevations which can be vegetated to reduce wind-blown sand. An initial estimate of 3,000 - 4,000 cubic yards of clean, compatible, beach sand will be placed within the northernmost 400-500 feet at Magnolia Beach Park. The rock material and configuration for the breakwaters will be selected based on a coastal engineering analysis of the site conditions and using headland pocket beach principles. There will be significant public outreach needs concerning the aesthetics of the project as well as significant coordination with resource agencies in the permit application and evaluation process. The City of Fairhope will be contributing its own funds to the project to provide for post-completion monitoring to track project performance. The Comprehensive Conservation & Management Plan (CCMP) for Alabama’s Estuaries & Coast 2019- 2023 seeks to improve ecosystem resilience through protection, restoration, and conservation of beaches, bays, and backwaters. The sand nourishment, addition of shoreline structures, and vegetation will also help reduce maintenance and reinforce a beach susceptible to erosion. In addition, Section 309(a)(3) of the Alabama Coastal Area Management Program (ACAMP) seeks to attain increased opportunities for public access to coastal areas of recreational, historical, aesthetic, ecological, or cultural value. This project will enhance public access and increase public outdoor recreational opportunities along the eastern shore of Page 78 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 13 of 16 Rev. 11/1/2023 Mobile Bay. An essential function of this stabilization project will provide coastal protection, coastal restoration, and hurricane protection along the eastern shore. Project Duration: This project is expected to take approximately twenty-four (24) months from the execution of the Agreement. Project Costs: Funding will be provided to the Grantee as two (2) installments. The first installment will be disbursed following execution of the Grant Agreement for this project and submission of an invoice for payment of Allowable Costs. The second and final installment will be disbursed following submission of an invoice that includes satisfactory verification that (1) construction completion of project components can be achieved through available funding; and (2) all previously disbursed funds have been and will be used for Allowable Costs. Anticipated Costs: Installment Category Estimated Cost 1 Permitting, Public Outreach, and Engineering & Design $120,000.00 2 Construction Costs $500,000.00 Total GOMESA Funding Not to Exceed $620,000.00 Post-Completion Project Monitoring (Contributed by City of Fairhope) $80,000.00 Estimated Total Project Cost $700,000.00 Category line items above are general descriptions of the type of activities anticipated to be necessary in order to achieve project completion. These categories may include itemized personnel time and/or contract services associated with project activities. In addition, the final costs of project activities may vary from the individual line-item estimates set forth above. However, funding shall in no event exceed the total amount of approved funding for Allowable Costs as set forth pursuant to the Grant Agreement. Page 79 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 14 of 16 Rev. 11/1/2023 Nexus to Authorized Use: This project meets the criteria set forth in authorized uses: (a) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses and (c) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan (d) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. ********************************************************************************************************** Submitted and Approved By: ______________________________________ Sherry Sullivan, Mayor City of Fairhope Page 80 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 15 of 16 Rev. 11/1/2023 Figure 1: Magnolia Beach Project Location Figure 2: Magnolia Beach Erosion South of Pier Street Boat Launch Page 81 of 156 GOMESA GRANT AGREEMENT G-CFMB/23/CF Page 16 of 16 Rev. 11/1/2023 Figure 3: Proposed Project Layout Page 82 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-262 FROM: Lisa Hanks, CITY CLERK SUBJECT: Warranty Deed from the City of Fairhope to Fairhope Single Tax Corporation for the property described in said Warranty Deed less the "Encroachment Note-2" AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Authorize Mayor Sherry Sullivan to execute a Warranty Deed from the City of Fairhope to Fairhope Single Tax Corporation for the property described in said Warranty Deed less the "Encroachment Note-2" BACKGROUND INFORMATION: WHEREAS, Fairhope Single Tax Corporation and the City of Fairhope entered into a Reversionary Warranty Deed filed of record March 19, 1973, in Book 442, Page 465, wherein FSTC deeded to Fairhope, subject to a reversionary clause, the following described real property situated in Baldwin County, Alabama, to-wit: All of Lot 1-A, according to the replat of Block 15, Division 1, and Block 30, Division 2, lands of the Fairhope Single Tax Corporation, as recorded in Map Book 8, Page 60, Slide 715-B, in the Office of the Judge of Probate, Baldwin County, Alabama, Frac'l Section 18, T6S, R2E, Baldwin County, Alabama. WHEREAS, That conveyance was made upon the express condition subsequent that in the event that the above described property shall be abandoned or no longer used by the Fairhope as an electrical substation in connection with its electrical distribution system, that the title to the above described property shall thereupon immediately revert back to the Fairhope Single Tax Corporation, its successors or assigns. WHEREAS, Fairhope has abandoned and no longer uses the above described property as an electrical substation in connection with its electrical distribution system. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 83 of 156 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 84 of 156 RESOLUTIO NO. WHEREAS, Fairhope Single Tax Corporation and the City of Fairhope entered into a Reversionary Warranty Deed filed of record March 19, 1973 , in Book 442 , Page 465, wherein FSTC deeded to Fairhope, subject to a reversionary clause , the following described real property s ituat ed in Bal dwin County , Alabama , to-wit: All of Lot 1-A , according to th e replat of Block 15 , Division 1, and Block 30, Di vis ion 2 , land s of th e Fairhope Single Tax Corporation, as recorded in Map Book 8, Page 60, Slide 715-B, in the Office of the Judge of Probate , Baldwin County, Alabama , Frac'l Section 18 , T6S , R2E, Baldwin Co unty , Alabama . WHEREAS , That conveyance was made upon the express condition subsequent that in th e event that th e above de scribed property shall be abandoned or no longer u se d by the Fairhope as an e lectrical sub station in connection with its electrica l distribution system that the title to the above described property shall th ereupon immediately revert back to the Fairhope Single Tax Corporation, it s successo rs or assigns. WHEREAS, That conveyance contained an "Encroachment ote-2" upon the Morph y Avenue right-of-way that would continue to exist until such time as the site is no longer u sed as an electrical substation, at which time the area s hown as an encroachment up on th e Morphy Avenu e ri ght-o f-way would be come a part of said right-of-way as platted thereon . WHEREAS, Fairhope ha s abandoned and no longer uses the above described property as an electrical sub station in connection with it s e lectrical distribution sys tem. OW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That Mayor Sherry Sullivan is hereby authorized to execute th e Warranty Deed from th e City of Fairhope to Fairhope Single Tax Corporation for th e property described in sai d Warranty Dee d less the "Encroachment Note-2." Attest: Lisa A . Hanks, MMC City Clerk Adopted on thi s 6th day of March , 2024 Corey Martin, Council President Page 85 of 156 WARRA TY DEE D T h is Warranty Deed is e ntered into on t hi s the _ day of February 2024 , by and betwee n the CITY OF FAIRHOPE, ALABAMA , a municipal corporation (hereinafter referred to as "Fairhope"), it s successo rs o r ass ig ns, a nd the FAIRHOPE SI GLE TAX CO RPORATIO , an Alabama no n-p rofit corporation (he reinafter referred to as '·FSTC"), its s ucc esso rs o r assigns , WITNESSETH: WHEREAS, FSTC and Fairhope ente red into a Rever s ionary Warranty Deed filed of record March 19 , 1973 , in Book 442 , Pa ge 465 , wherein FSTC deeded to Fairhope, subject to a reversio nary clause, the following de scr ibed rea l property s it uated in Ba ldwin County, Alabama , to-wit: All of Lot IA, per the Replat of Bl ock 15 , Di v is io n l and Bl oc k 30 Di visio n 2 , land s of the Fa irh ope S in g le Tax Co rp o rati o n, as recorded in Map Book 8, Page 60 , Slide 715-8 , in the Office of the Jud ge of Probate , Baldwin County , Alabama, Frac 'I Section 18 , T6S , R2E , Ba ld w in County, Alabama. WHEREAS, th at conveyance was made up o n the express condition s ub seq ue nt that in the event that the above-described property s ho uld be abandoned or no lo nge r use d by Fairhope as an electrical substation in connectio n with its e lectrical di s tribution system th at the title to the above- described property s hall t hereupo n imm ediate ly re vert to the Grantor, its s uc cessors or assigns. WHEREAS, th at conveyance contained an ·'E ncroachment-o te-2 " up o n the Morphy Avenue right-of-way th at would co ntinu e to exist until s uch time as the s it e is no longe r used as an e lectrica l sub stati on , at w hi c h time the a rea s hown as an e ncroachment upon the Morphy A venue ri g ht-of-way would beco me a part of said ri g ht-of-way as p latted thereon. WHEREAS , Fairhope has abandoned and no lo nge r uses the a bove-de scrib ed property as an electrical s ub stat io n in connectio n with it s electrical distribution syste m. NOW, THEREFORE, BE IT KNOW HEREBY, that for a nd in consideration of the s um of ten and no/ I 00ths ($ I 0.00) d o ll a rs, a nd for other goo d and va luable consideration, to the unders igned Grantor in hand paid by the Grantee here in, the receipt of which is hereby acknow ledged , Fairhope, he rei nafter referred to as "Grantor", does he reby GRANT, BARGAIN , SELL and CO V EY unto FSTC , hereinafter refe rred to as the "Grantee", a ll it s right, title , a nd interest in and to the fo ll owing described real estate , s ituated in Bald win County , Ala bama, to-wit: Page I of 3 Page 86 of 156 All of Lot lA, per the Replat of Block 15 , Division I and Block 30 , Division 2 , lands of the Fairhope Single Tax Corporation , as recorded in Map Book 8, Page 60 , S lide 715-8 , in the Office of the Judge of Probate, Baldwin County , Alabama, Frac 'I Section 18 , T6S , R2E , Baldwin County , Alabama. LESS AND EXCEPT "Encroachment Note-2 ", an area approximately 9.5 feet by 66 feet on the north side of Lot I A that is now a part of said right-of-way of Morphy Avenue as platted therein having been dedicated to the public for public use. Parcel Number 05-46-03 -37-0-009-005.00 I TOGETHER WITH ALL AND SINGULAR the rights , tenements, hereditaments , privileges and appurtenances thereto belonging or in anywise appertaining. TO HA VE AND TO HOLD unto FSTC , its successor or assigns , in fee simple, FOREVER . FSTC , its successors or assigns , agrees to indemnify and hold harm less Fairhope , its successors or assigns , including reasonable attorney 's fees , by and against any and all claims , expenses, civil actions or losse s of any ty pe arising after the date of this conveyance and pertaining to use of the property conveyed herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and have caused this instrument to be executed as of the date above written. STA TE OF ALABAMA COUNTY OF BALDWIN CITY OFF AIRHOPE, ALABAMA By: --------------- As its: -------------- I, _____________________ the undersigned authority, a Notary Public m and for said state and county , hereby certify that whose name as __________________ for the CITY OF FAIRHOPE, and who is known to me , acknowledged before me on this date that, being informed of the contents of this Agreement and with full authority , executed the same voluntarily as an act of the Corporation on the day shown above. GIVE under my hand and notary seal this the ___ day of February , 2024. NOTARY PUBLIC My Commission Expires: Page 2 of 3 Page 87 of 156 FAIRHOPE SINGLE TAX CORPORATION By: ____________ _ As its: ------------- STATE OF ALABAMA CO TY OF BALDWrN I, ____________________ the undersigned authority , a Notary Public m and for said state and county, hereby certify that whose name as for the FAIRHOPE SrNGLE TAX CORPORATION , and who is known to me acknowledged before me on this date that , bein g informed of the contents of thi s Agreement and with full authority, executed the sa me vo lun tarily as an act of the Corporation on th e day shown above. GIVE under m y hand and notary sea l this the day of February , 2024. --- NOTARY PUBLIC My Comm ission Expires: THIS INSTRUM ENT PRE PARED BY: Fairhope Single Tax Corporation 336 Fairhope A venue Fairhope, AL 36532 Page 3 of 3 Page 88 of 156 ----------------------- __J ] II I .....,...,.r,t",,,c;/ I I '--------=--"! ... A ~ ________ J _______ .S _r _./._,._,.,,_E_• __ .5_r:_,._~'-Cr:._ _____ _ A L,4,,AHA DEAtlAT,1,/E/H •r £'DL/C,q noN ~L__ 8 , I I .. c · ,;,;· cc · ~gf- ~w~~ope ~inql c 'ro • C:0.-por-o+ie:on, •<' r a irh•P•. "'IOboma r,crcby ccr-+-1f'y +ha+ -a r-e ·O,e ownei-:. of' th ■ .,_,...,°" ploHcd lond">, o.-.d ~ do h•,..•t,y occ•pt the abo"'e a-. a +-rue of"'ld c.r-t"Ce-t ""°P or plot •f' ·O,e loond, """'•~ thc,.on. W ,t.,•-ou..-i-.o.-d-. "'~.i.L..."boy or Mtrs + e ,1 91'2. ~Of!"~ ~C&li.m...t-r. ~QF. ~ IAi,L/l. i..:..&-f-L>lc - The o.bov~ '">hoi..un ""'•to 00'\d r s ,plo+ or-rs--.bd l• v ,._,o,.. o< Land, or the ro.,...-hOCMI' "'=,,nqls T-,. C or~1oon ,.._ ~~by ~cop~d ~:::~~~ Re -Pio ♦ of' e.loc:k. I ~. o;,_;._,,on • 1 ond &k:::,c;.k '!>C, o ; ... ,.,.,;o.,.e ~ -tl-ia L ond-.. .,f tt.e F"'airhop~ C:,tn~l~ iaK Cor~r-a-t;on oec;.on:t,~ t-o ),,fop f"i lcd <for l?ecord 9;,■p+e,-.,CMtr l .$ ,1911 lt■cord c.d ,n M-.e . l!,,o.,>k ·l ,Fbq•~·~c,:::>-1 Dor,+•· 9 /7/7~ P,,.c,:,o,-.-d •v n,,;,.1,op,,, r i ne •"d So,irvcy O.-po,,y ,Z,,,,:0,po,.l,.d !· l I.. Page 89 of 156 STATE OF ALABAMA SALDl'illl COUllTY WARRNlT'i DEJ:::D KNOW ALL 111:N BY TIIESE PRESEllTS: That for and in consideration of th<:! sum of Tl::N DOLLARS ($10.00) and other good and valuable con sideration , to it in hand paid by The City of Fairhope, a municipal corporation, hereinafter referred to a~ GRANTEE, the receipt whereof is hereby acknowledged, Tho Fairhc:pe Single Tax Cor or.ition, a corpor.ition, herein.ifter referred to as GRANTOR, does by these presents hereby GRA~T, BARGAIN, SELL and co:ivEY unto the said Grantee, subject to the condition hereinafter set forth, the following described .real property situated in Daldwin County, Alabama , to-wit: All of Lot 1-h, according to the replat of Block 15, Div. l, .ind ~lock 30, Uiv. 2, of Fairhope Single T.>x Coq,oration lands, whicl1 said replilt is recorded in Map Uook ~ at Page t, () , in the office of the Judge of Probate of B11ldwin County, lllah.ama. This conveyanco is made upon the ex~ress condition subsequent that in t~e event that the above described property shall be abandoned or no longer used by the Grantee as an elec- trical substation in connection with its elec- trical distribution syster., that the title to the above described property shall thereupon ir.unediately revert to the Grantor, its suc- cessors or assigns. Together with, all and singular, the rights, benefits, privileges, improvements, tenements and appurtenances unto the same belonging or in any wise appertaining. TO HAVE AND TO liOLD unto the Grantee, FOREVER. And the said Grantordoes covenant with the Grantee, that it is seized in fee simple of the above doscribod promises, that it has the right to sell and convey the same; that the said premises are free from all encumbrances, that it will and its successors and assigns, shall forever warrant and defend the same unto the said Grantee, against the lawful claims of .>11 persons whomsoever. oh C1') U\ Page 90 of 156 IN WITNESS WHEREOF , The Fairhope Single Tax Corporation, a corporation, haa caused these presents to be executed by Daphne B. Anderson, as its President, and its corporate seal to be here- to affixed and attested by Ruth E. Rockwell, as its Secretary, on this the £~ day of 4,,,,,L✓ , 197-A._, THE FAIRHOPE SINGLE TAX CORPORA- TION, A Corporation, By, ltt,,fl, t,11,..)M As President ATTEST: Sl'ATI 0, AV,IAMA. -N COUNTY }:f?d£&LJ/ As Its Secretary STATE OF ALABAMA BALDWIN COUNTY ( Ll.llW:~~.i.,.......:..~J..:,..u.;:u..'~'--• a Notary Public, in and for said iN~sQ tate, hereby certify that Daphne B, Anderson, whose name as President, and Ruth E. Rockwell, whose name as secretary of The Fairhope Single Tax Corporation, a corporation, are signed to the foregoing conveyance and who are known to me, acknowledged before me on this day that, being in- formed of · the contents of the conveyance, they, as such officers and with full authority, executed the same voluntarily on the - day the same bears date as and for the act of said corporation, D Gi d h d d l this /"T;L_ day of ven un er my an an sea '"' /, RP<, hMI , 197..L_. Notary P in County, Alabama My Corr.ml:;;,n r,~:ra f ,J .,. 6, 1~71> , . . . ~,:·\._ This instrument waa prepared by: NORBORNE C, STONE, JR, of the firm of CHASON, STONE' CHASON • Attorney& at Law Bay Minette, Alabama "'i ,_·, _': ..• , __ ··.l° .-::.l .... · -;~-:;··:~ ,_. .... ...... ,. ,...., ................... . Page 91 of 156 WARRANTY DEED This Warranty Deed is entered into on this the_ day of February 2024 , by and between the CITY OF FAIRHOPE, ALABAMA, a municipal corporation (hereinafter referred to as "Fairhope"), its successors or as s igns , a nd the FAIRHOPE SfNGLE TAX CORPORATION , an Alabama non-profit corporation (hereinafter referred to as "FSTC"), its successors or assigns , WITNESSETH: WHEREAS, FSTC and Fairhope ente red into a Reversionary Warranty Deed filed of record March 19 , 1973 , in Book 442 , Page 465 , wherein FSTC deeded to Fairhope, s ubj ect to a reversionary clause , the following described real property situated in Baldwin County , Alabama, to-wit: All of Lot lA, per the Replat of Block 15 , Division l and Block 30 , Division 2 , lands of the Fairhope Single Tax Corporation , as recorded in Map Book 8, Page 60 , S lid e 715-B , in the Office of the Judge of Probate , Baldwin County , A laba ma, Frac' I Sectio n 18 , T6S , R2E, Baldwin County, Alabama. WHEREAS, that conveyance was made up on the express condition subsequent that in the event that the above-described property s hould be abandoned or no lo nger used by Fairhope as an electrical substation in connection with its e lectrical distribution system that the title to the above- described property shall thereupon immediately revert to the Grantor, its successors or assigns. WHEREAS, that conveyance contained an "Encroachme nt-Note-2 " upon the Morphy A venue right-of-way that would continu e to exist until such time as the site is no longer used as an electrica l substation , at which time the area sho wn as an encroachment upon the Morphy A venue right-of-way wou ld become a part of said right-of-way as platted thereon. WHEREAS, Fairhope has abandoned and no longer use s the above-described property as an electrical substation in connection with its electrical distribution system. NOW, THEREFORE, BE IT KNOWN HEREBY, that for and in consideration of the sum of ten and no/I 00ths ($10.00) dollars , and for other good and va lu ab le consideration , to the undersigned Grantor in hand paid by the Grantee herein, the receipt of which is hereby acknowledged , Fairhope, hereinafter referred to as "Grantor", does hereby GRANT, BARGAIN , SELL and CONVEY unto FSTC , hereinafter referred to as the "Grante e ", all its right, title, and interest in and to the following described real estate , situated in Baldwin County , Alabama, to-wit: Page I of 3 Page 92 of 156 All of Lot l A , per t he Rep lat of Bl oc k 15, Divis ion l and Bl oc k 30 , Divisio n 2, land s of th e Fa irhope Sing le Tax Co rp orati on, as recor ded in Ma p Book 8, Page 60 , S lid e 71 5-8 , in t he Office of th e Jud ge of Probate , Ba ld w in Co un ty , A laba ma, F rac'I Sec ti o n 18, T6S , R2E , Ba ld w in Co un ty , A la bama . LESS A N D EX CEPT "Encroac hm e nt N ote -2", an area a pp rox im ate ly 9 .5 fee t by 66 fee t on th e no rt h s ide of Lo t 1 A th at is now a part of sa id ri ght-of-way of Mo rph y Ave nu e as pl atted th erei n hav in g bee n dedi ca ted to th e publi c for publi c use. Parce l N umb er 05 -46-03 -37-0-00 9-00 5.00I TOGET HER WITH ALL AN D SING ULAR th e ri ght s, te neme nts , he redit ament s, priv il eges and appurte na nce s there to be lo ng in g or in a nyw ise app erta inin g. TO HA V E AN D TO HOL D unto FS TC , it s s uccesso r or ass igns, in fee s impl e, FO REVER. FSTC , its successo rs or ass igns , ag rees to ind emnify a nd ho ld harml ess Fa irh o pe , its successo rs or ass igns, inc lu d ing reaso na bl e att orn ey 's fees , by and aga in st any and a ll cl a im s, expenses , c iv il ac ti o ns or los ses of any ty pe a ri s in g after t he date of thi s co nveyance an d pert a inin g to use of th e pro perty co nve yed he re in . IN WITNE S S WHE REOF, th e pa1ti es hereto have se t th e ir hand s and sea ls and have cause d thi s instrum ent to be exec ute d as of th e date a bove w ritt e n . STATE O F ALA BAMA COUNT Y OF BA LD WIN CITY OFF AIRHOPE, ALABAMA By: ---------------As it s: -------------- I, ______________________ th e und ersigne d a uth o rit y , a Notary Publi c in and fo r sa id st ate and co unty , he reb y ce rti fy that whose na me as --------------------for th e CIT Y OF FA IRH OPE , a nd who is know n to me, ac kn ow ledged befo re me on thi s date that, bein g in fo rm ed of the co nte nt s of thi s Agree ment and w ith full auth ority , exec ut ed the sam e vo lun ta ril y as an ac t of th e Corporati on o n th e day s how n a bove . GIVE und er my hand and notary sea l thi s th e ___ day of Fe bru ary , 2024. NOTAR Y P UB LI C My Co mmi ss ion Ex pires : Page 2 of 3 Page 93 of 156 STA TE OF ALABAMA COUNTY OF BALDWIN FAIRHOPE SINGLE TAX CORPORATION By: ______________ _ As its: -------------- I, the und ersigned authority , a --------------------- Notary Public m and for sai d state and cou nty , hereby certify that whose name as for the FAIRHOPE SfNGLE TAX CORPORATION , and who is known to me , acknowledged before me on this date that , being informed of the contents of thi s Agreement and with full authority , executed the same vo luntaril y as an act of the Corporat ion on the day s ho wn above . GrVE under my hand and notary sea l this the day of February, 2024. --- NOTARY PUBLIC My Commission Exp ire s: THIS INSTRUMENT PREPARED BY: Fairhope Single Tax Corporation 336 Fairhop e Avenue Fairhope, AL 36532 Page 3 of 3 Page 94 of 156 ,,.. -------~----------------~ www•=• == •--•..,..,.,.,,,t -_... F=<i><>,,..,--=e<cr _,_ -,.~~ I 8 ,· fj() ! -=' ,,.-_j -~-----J '--------::S;:-r-v'.-'!'AME6 $,-~U--:.;rc._ _____ _ 1 l f]I AtA.,AM,4 0£A4RTAIE,tff •.r ££JVCJ/r10A1 -~.sr--il .a._ I ,,,oc,< /!S ~,'J!i 6 .t.... 01v1s,o-/ "f -i .. ~:.,.:--~ l!:!kQ.st-ey ,v..,,..s,,.,~ ""-• r-:. I ~ l ... .. .. ~ /I~ J n~ ... <. (). ~l ~ " ' g ~, ~ & N ~l;/ I -~-~-:,,.·:-~,z__ ___ J I J _ --..... °.:::!K~ .... _ ...t!~ '°'.-.: , _ r._... Pi.. .,~-~ ! ,;;--..... c,. • ., 19.<.?" ~=sc.~1'= ~-----I -a-----'·~-----~'!¥...:...sE:£_ ~--S-.---, .... -------r. Ho~PHY AvE. ~ ~ fF}. . _ -•~ -i.·r,c.o· •• 1· •• . I = ~ ;.~::•"t I I~' " • I· ~ . I :: ~ , l H·f I I 0~;,l~ I " I ~:1r ~ "/ 1 _ + I I I !I ·~~''_J / • i ~ . :i, ~ I I 11 I : j t l!~l_~L~ ..... I c;,c;· I ,c;· 1J c;<::· I "" I ~ ... -I ..,. ---:--I FEL!!> Av~. ----J•-. ----1 I ,on: 1, n,,, ,_rUz ,< tM ~,;.::,:: ..... .., >7 U.io pM tw _J • J -=-IL.J~~[]Li :r:oo ~-JJ~o□□ ~,:~~ r ' l El D ',~f;l~ v..., ...... x .... ,e 10'!£21 ~!i.~1ne1n•~=u~~r:9"~;n~ ;:~i:1~H:."';.r~,bJ bull,Ull(:•I 87 acr-nt, tbil uicrc.chmnt 1a t.o c.v.it.1111» \Cl u.l.st unW U. l:wl.diai;; 1a ~ •!D4: to DO laaeu· bsUI( .eent11.1eally uahla. '!m'!IV r,pall'9 ed. s.abtu:anci, &N to be penlltted cm ~ bl.l.Udilll:, ~ no =-,JOl' n;,ain, rcffl!•~• or J'CIIO"rlltiro b to be dm. tc, •• • 1-th. u:.1.n1n&;b.lil41.i:w, That pc■1.1aa d u.■ lJ.cbt,.d.;q hd1n■W b7 t.b1' plat. ror M~ ... _ bdl.Aat.■d 1n U>■ t:r■ebt. •MCN'&ChNnt--i:ot.e 2", b ~ppw bT an i:.l.ol:"Wia ~b-1t.at1on, a part. or UlC tl■c\.dc&l Dht.Til:ut..it"D S711,.w d t.b■ Cit.T t/L r.utiopa1 !1,la ..,r<iacbmnt h u, ar,rtt,!,N■ t.c u.i1t. w:it.U auch t.b .. U... dt.c b 1ICI lml6.r IIICd u en cl■ctrU sub-,1tatiial, 1t. ::dlictl t.i. U• ~ ah~ u an 1cercachNnt UJl"'.II thl t!crp:l7 .U.,me r1gbt--<'11'--., a to~ 1 pan r,f Mld ricbt--af-•IJ' u plat"""'-hchn:i, Uld thl ~1J,dar t:€ tba ~,t.At.icn lite, d"'eJ,:flat.■d u Lot. 1-J. bcr,m, b t.c rewrl. tc le,J.rilcpa s1crc:1■ Tp_ Ci::v,_.at.irll, a.ad 111 t.c bee-■ pcr-t..1t-n rJt tb■ b&Hhcl4 oL ti:,,■ l■aW.cld -d l.o\ 1, and u.er..ttar, t.u -1.nt.c.in the 1.nt.er1t3 d the cw«~ or tb" blDC!t, Let.■ l asid l-J. .,.. t.o ~ U'Htad ~ _.,, u • •kw.la lot er la.-.bol.4, ----,-,·~. -~--..:/:,-, ::..:~ ' -,; .. --;-;;;~,/ :s:~:: ... ~.~ .:::=._·_~ ~~~ ~ C.tM!l.iy. I, Claude W ........ .._Id_ Cftqi~r and Lof'Od Cleun,,•yor •< ,-airhop,4, A\abo"""O kerwby cert,4'"y tt-,o+ +hi-. plc:.t COt""~ r.-c♦ ly .-apr-•n+-. o .._un.■ y ol"ld replo++inq •f Land-. ba-1-,q,nq +. ♦he Fo;.-hopc ir:tw,,q\e Tao-. Corporo-ttOn; ♦hot ti,,,.. ,..u.-v■y and rcplattinq _._ .....ode o♦ th• in'"lot'oncc a..d under 'Nie c:11..-.c+\On or ttie o,w,,.,-: ♦hot th• lond._ p..-cnted lie il'I C>Loc::k·t'!>, o,.,;,..;on J o..O etlock.•':,o,O,v,-.ion r, Lo~-.~ ♦he l'"'a,rhope "!:,,inqlc Toa Corpora+;...,, ,...o.,.hOP•, Alc:.barT>G.. w,,-nc.-.~ my hand -thi-.~doy .<' .Etu~,1972. ~ ..,. ,,,,._ ~~-C-?:-:4 .r .. «;;;:#. ... W,:, ro,rhope ~inqlc To• CorPQro+;....-., .r l'"oirh•pc, Aiobomo hereby ccrt,ry +ho+ we or■ -tl,c e. ... ner-.:. ef' +he h■,-cOO"I ploHcc1 land-,., o.-.d we do k■r■tty occ::ept the above a-. o true :.-::.e::,.~r ';:~C:: ~:.ti_~ylo:t¼,":ha~ eth":':'~ . J//2,,,Lli, ~:.l,r.e"'" -1:!d cf' 4,;fiL~LLI' --~ ~tr~ ~ l~i~,9,., ,Q o Mcnory Publi,;. ;.. cor•d f'or -id -..tote ol"ld cou -t , ~ by c■rt,f"y tholl♦ the with..., named D,;,phne e And.'"""'°" orio R.uth C. Rockwell, ...,1-.o,■. nomc.,. o,.. -'"t,-d 1'o +~ obo--e c■r♦1i",cAtc o,(' -..,,-,.'o,, occ■pt■nc■,ond ...,i,,. a.-c k........,n +a, me, oc.1..nowledq.,d, bcf'--· on th,'!> ootc, tt.ot, t,.,in-i ::io:;~~il;<o~h~h:o;;::":.:. ~~:-;;;::~~~~e!::r~ ~~ir o,fj",c.,ol copcic,t,e .. a._ f're.,..;d•n+ Gnd '"=--=,....to-v, r-~c••-•Y, o< the f"a,rhope "".:>inql• Ta,.. C~ro't .c:,..,, o<" F"oi.-+iopc, Alob.mo doy of. ~Jz.';;%; u:t;'",. 7.;7~d onci o-4''1,eoQI ._,_, +1-.;... tt.c,aC: ,,,_.,,.......,,.. ~ ~. ~.~ JMo~Qy.~~ ,-:..-, .. r.::..e,JOo The ..,,11-,;.., -.,..._,-a,,a ,....pbttinq O.fP'"='-d o~ o,c:c"' 'b--rec.-c,rdinq, +t,;~ t-he ___Lir-~~~ ,g~+y ;-;o,,,.;~ ~~;i..,,,...ior, ,..o,..+.c,.p,■, ... laboff'ICI ~'!!'~ ~~1-T. ~RI!'-~ L,;.. .1; t-4 ·t c.. ....... The obovt!' -:,,hou.,~ ""'O.P on.d re-plo+ or r■•-.,bdl• v,,.,on e< Lo,.,.d.._ of" ♦h<r t"o.irh~ "'::o,nql• To-. Cor~'\-.on ;.._ hc~by ~••p~d ~::~~~~ ~ ... -=•'?!°~ l. . , • No♦-•ry PubliG \n and <or -,.o.id ... tote d c.o._.n+y, h•r•by c;.,.,-+rf"y +ho~ Jc.m,:..,_ P. N.,..,, ...,...,oo,c nci,me a-. MG.-,,or of The C.,ty of' ,..o.i,+,,op_., a. corpor-a., 1"10n,,..,,...,_,qn•d ti:o-the-<of"'e'qoinq c.erTif""eo.,,: _,,. •cccp+o,,.ce ond 1Uho ,-, i....,O\Un 1-0ff'IC. o.c,\....-.oouledqe"d b•f"or• m■ o.., #,,..,"'-, -tha."t, bcin,q infor"'•d o,f t-"• con-t,cnt-. of" th• conveyo ... cc, he, o~ -..uch Of"f\eer .. ~ -rt+,.,-..,,, a...,.'\-1-,o.-,,.y, ■'otecu+cd ih■. ~-~• -•un+ae;•y <~ Qnd •• tt.o •d J'' ~•~. c;;••n """" ~, ~ •s•.,r-do.vo< • JO'"-/ q4 -····~-•~ ..... Re-Pio'♦ •f e.iock. I~. o;..,;._,on • 1 a~d e1oc.k. "!i.e. o;..,,...,;.,.,.e o< H,e Land,-. .f" tt.e rairhop~ IC:,tn~I~ IQJc.. Cor~r-a'ticri occ;ord,rq +o l,,fop f"'ilcd for-R'ecord ~•p+ernbe.-l3 ,19\1 Recorded ,n Mi-.c:. e-,..;..i..-t,Fbq■,_·!,20-1 Do:t-a· 9/7/7:? Pr--~004'"ed .. .,,. n.,'rlto~ T,-,1, o"d So.Jr-.,cy a.,..po,,,y,I,,n,rpo,..lf!d \ l l !· ~ .r~· "---~,-----=--~~~:.;;~', ---~ ,.r ~-------~.•--l'< • ..,; -;y I • ·-~-R ~ ... -~ -·"" -, ··L • 7/S-8 Page 95 of 156 STATE OF ALABAMA WARRNlT'i DEl::D BALDl'/IN COUUT'i K.'IOW ALL Ml:N B'i THESE PRESENTS: That for and in cons ideration of the sum of Tt:N DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by The City of Fairhope, a municipal corporation, hereinafter referred to as GRANTEE, the receipt whereof is hereby acknowledged, Tho Fairhope Single Tax Corpor.1tion, a corporation, hereinafter referred to as GRANTOR, does by these presents he r eby GRANT, BARGAIN, SELL and co:NE'l unto the said Grantee, subject to the condition hereinafter set forth, the following described .real property situated in Daldwin County, Alabama, to-wit: All of Lot 1-A, according to the rcplat of Block 15, Div. l, .1nd ~lock 30, Uiv. 2, of Fairhope Single Tax Corporation lands, which said replat is recorded in Map Uook ~ at Page t, tJ , in the office of the Judge of Probate of Billdwin County, AlaliAma. This conveyance is made upon the exf:!ress condition subsc,;ucnt that in t :10 event that the above described property shall be .1bandoned or no longer used by the Grantee as an elec- trical substat.ion in connection with its elec- trical distribution system that the title to the above described propcrt}' shall thereupon iramediately revert to the Granter, its suc- cessors or assigns. Together with, all and singular , the rights, benefits , p rivi leges, improvements , tenements and appurtenances unto the same belonging or in any wise appertaining. TO HAVI: A.'10 TO liOLD unto the Grantee, FOREVER. And the said Grantardocs covenant with the Grantee, that it is seized in fee simple of the above described premises, that it has the right to sell and convey the same; that the said premises are free from all encumbrances; that it will and its successors and assigns, shall forever warrant and defend the same unto the said Grantee, against the lawful claims of all persons whomsoever, A O') U\ Page 96 of 156 IN WITNESS WHEREOF, The Fairhope Single Tax Corporation, a corporation, has caused these presents to be executed by Daphne B. Anderson, as its President, and its corporate seal to be here- to affixed and attested by Ruth E, Rockwell, as its Secretary, on this the t ~ day of 4wwLL , 197 _A._, ITAR Of ALAIA.MA. IIMOWIH C0\JN1'1 THE F/\IRHOPE SINGLE TAX CORPORA- TION, A Corporation, ATTEST: l;?d~ As Its Secretary STATE OF ALABAMA BALDWIN COUNTY By,¥, !?,(1,,,L As President ?:P!:Jc r =..,.=,..:.:",,-,...:..~-'--'r="-'-'~1,._.,..-• a Notary Public, in and for said iN~s~ tate, hereby certify that Daphne B, Anderson, whose name as President, and Ruth E. Rockwell, whose name as secretary of The Fairhope Single Tax Corporation, a corporation, are signed to the foregoing conveyance and who are known to me, acknowledged before me on this day that, being in- formed of · the contents of the conveyance, they, as such officers and with full authority, executed the same voluntarily on the . day the same bears date as and for the act of said corporation, D Given under my hand and seal this t,"1= day of I, _ot;?c, L.1 , 197,L_. Notary P 'My Corr.mi :;;,n c;,;,:rc, Fd,. 6, 1~7/> This instrument was prepared by: NORBORNE C. STONE, JR. of the firm of CHASON, STONE & CHASON• Attorneys at Law Bay Minette, Alabama Page 97 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-260 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, is requesting the hiring for Professional Engineering and Architectural Services for the Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for RFQ PS24-015 Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities. BACKGROUND INFORMATION: Mayor Sullivan has selected Thompson Engineering/Watermark Design for the Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities. Thompson Engineering/Watermark Design has been working as the engineer and architect for the Flying Creek Nature Preserve Park Project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55890 North Triangle Nature Park-Grt $56,000.00 103-55891 North Triangle Park-NonGrant 0 TBD TBD Master Plan - South track of Fly Creek Nature Preserve will not be covered by GOMESA grant. GRANT: N/A Page 98 of 156 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 99 of 156 RESOLUTION NO. __ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City of Fairhope does hereby grant and covey unto itself certain dedicated right of way easements on the Flying Creek Nature Preserve. Said conveyances are for a public purpose , constitute approximately 0 .09 and 0.01 total acres and have no impact on park usage . Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 6th day of March, 2024 Corey Martin, Council Pre sident Page 100 of 156 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: February 23, 2024 Re: RFQ PS24-015 Professional Engineering Services for Master Planning Services for the South Tract Flying Creek Nature Preserve for Off-Road Bicycling Facilities and Amenities The Director of Public Works, Richard Johnson, is requesting the hiring of a professional engineering firm for Master Planning Services for the South Tract Flying Creek Nature Preserve for Off-Road Bicycling Facilities and Amenities. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Thompson Engineering/Watermark Design _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Page 101 of 156 WARRANTY DEED RIGHT-OF-WAY DEDICATION KNOW ALL MEN BY THESE PRESENTS that , for and in consideration of the mutual promises and covenants co nt ai ned h erein and other good and valu able consideration , the CITY OF FAIRHOPE, a municipal corporation (herein referred to as GRANTOR), of the County and State aforesaid , does h ereby grant , bargain , sell , and convey unto ITSELF (herein referred to as GRANTEE) and does dedi cate said land as a public right-of-way easement , the following-described premises , located in B ald win County , Alabama, together with every indi vidual and co ll ective right, privi lege, ten ement, hereditament, and appurtenance pertaining thereto , to-wit: NORTHEAST SIDE OF THE INTERSECTION A PARCEL OF LAND IN SECTION 8 TOWNSHIP 6 SOUTH , RANGE 2 EAST BALDWIN COUNTY ALABAMA, COMMENCING AT THE NORTHEAST CORNER OF LOT NUMBER 1 OF THE GONZALEZ FAMILY SUBDIVISION AS RECORDED IN THE JUDGE OF PROBATE OFFICE OF BALDWIN COUNTY ALABAMA AS SLIDE 2300-A, AND INSTRUMENT NUMBER 101026 , SAID POINT BEING A ½" REBAR WITH CAP CA 393 ON THE WEST SIDE OF MAIN STREET, THENCE ACROSS MAIN STREET NORTH 71 °14 '21 " EAST , 83.71 FEET TO A 5/8" REBAR WITH CAP No . 20364 ON THE EAST SIDE OF MAIN STREET ; THENCE ALONG SAID RIGHT OF WAY NORTH 75 °37'51" EAST , 10 .02 FEET TO A 5/8" REBAR WITH CAP No . 20364 ; THENCE SOUTH 29 °18 '40 " EAST , 152 .15 FEET TO THE POINT OF BEGINNING OF THIS RIGHT OF WAY ACQUSITION . FROM SAID POINT OF BEGINNING THENCE ALONG THE EXISTING RIGHT OF WAY SOUTH 29 °18 '40 " EAST , 38.20 FEET TO A 6" X6" CONCRETE RIGHT OF WAY MARKER ; THENC E ALONG A RIGHT OF WAY FLARE SOUTH 82 °10 '49 " EAST, 51.72 FEET TO A 6" X6 " CONCRETE RIGHT OF WAY MARKER ON THE NORTHWEST RIGHT OF WAY LINE OF VETERANS DRIVE ; THENCE ALONG THE EXISTING RIGHT OF WAY LINE OF VETERANS DRIVE NORTH 47 °27'40" EAST , 63.38 FEET ; THENCE LEA YING SAID RIGHT OF WAY LINE ALONG THE ACQUIRED RIGHT OF WAY LINE NORTH 71 °37'07" WEST , 67 .53 FEET; THENCE SOUTH 24 °02 '35 " WEST , 40 .25 FEET; THENCE NORTH 70 °16 '5 1" WEST, 38.4 1 FEET TO THE POINT OF BEGINNING , SAID PARCEL CONTAINING 0 .09 ACRES MORE OR LESS SOUTHEAST SIDE OF THE INTERSECTION A PARCEL OF LAND IN SECTION 8 TOWNSHIP 6 SOUTH , RANG E 2 EAST BALDWIN COUNTY ALABAMA, COMM ENCING AT THE NORTHEAST CORNER OF LOT NUMBER 1 OF THE GONZALEZ FAMILY SUBDIVISION AS RECORDED IN THE JUDGE OF PROBATE OFFIC E OF BALDWIN COUNTY ALABAMA AS SLIDE 2300-A, AND INSTRUMENT NUMBER 101026 , SAID POINT BEING A ½" REBAR WITH CAP CA 393 ON THE WEST SIDE OF MAIN STREET, THENCE ACROSS MAIN STREET NORTH 71 °14 '21 " EAST, 83.71 FEET TO A 5/8" REBAR WITH CAP No. 20364 ON THE EAST SIDE OF MAIN STREET ; THENCE ALONG SAID RIGHT OF WAY NORTH 75 °37'51 " EAST , 10.02 FEET TO A 5/8" REBAR WITH CAP No . 20364 ; THENCE SOUTH 29 °18'40" EAST , 190.35 FEET TO A 6" X6 " CONCRETE RIGHT OF WAY MARKER ; THENCE ALONG A Page 102 of 156 RIGHT OF WAY FLARE SOUTH 82 °10 '49 " EAST , 51.72 FEET TO A 6" X6 " CONCRETE RIGHT OF WAY MARKER ON THE NORTHWEST RIGHT OF WAY LINE OF VETERANS DRIVE ; THENCE ACROSS SAID RIGHT OF WAY SOUTH 56 °11 '52 " EAST , 144 .00 FEET TO A 6"X6 " CONCRETE RIGHT OF WAY MARKER ON THE SOUTHEAST RIGHT OF WAY OF VETERANS DRIVE , SAID POINT BEING THE POINT OF BEGINNING OF THIS RIGHT OF WAY ACQUSITION . FROM SAID POINT OF BEGlNNING THENCE ALONG SAID EXISTING RIGHT OF WAY LINE NORTH 47 °27'31 " EAST, 23.01 FEET ; THENCE LEAVING SAID EXISTING RIGHT OF WAY LINE ALONG THE ACQUIRED RIGHT OF WAY LINE SOUTH 26 °48'46" EAST, 26 .79 FEET ; THENCE SOUTH 71 °02 '19 " WEST , 28 .72 FEET TO AN EXISTING RIGHT OF WAY FLARE ; THENCE ALONG SAID FLARE NORTH 06 °02 '53 " WEST , 17 .78 FEET TO THE POINT OF BEGlNNING , SAID PARCEL CONTAINlNG 0.01 ACRES MORE OR LESS . TO HA VE AND TO HOLD unto the Grantee , its successors , and assigns forever. And Gran tor covenants that it is lawfully seized in fee simple of said premises; that it is free from all encumbrances , unless otherwise noted above; that it has a good right to dedicate and convey the same as aforesaid ; and that it will warrant and defend the same against the lawful claims of all persons . IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the ________ day of __________ 2024. B y: Its: ST A TE OF ALABAMA ) COUNTY OF BALDWIN ) I, the undersigned authority , a Notary Public in and for said County in said State, hereby certify that _________________ , whose name is signed to the foregoing conveyance and who is or has been made known to me, acknowledged before me on this day that , being informed of the contents of the instrument, he executed the same voluntarily as an act on the day the same bears date. Given under my hand and official seal this the __ day of ________ 2024 . Notary Public Page 103 of 156 P.O .C . A PA RCEL OF LAND IN SECT ION 8 TOWNSHIP 6 SOU TH , RANGE 2 EAST BALDWIN COU NT't' ALABAMA, COMMENCIN G AT THE NORT HEAST CO RNER OF LOT NUMBER 1 OF THE GO NZA LE Z FAMILY SUBDIV ISIO N AS RECORDED IN THE JUDGE OF PROBATE OFFI CE OF BALDW IN COU NTY ALABAMA AS SLIDE 2300-A, AN D INSTRUMENT NUMBER 101026, SAID POINT BEING A½" REBAR WITH CA P CA 393 ON THE WEST SIDE OF MAIN STREET, THENCE ACROSS MAIN STREET NORTH 11•14'21" EAST, 83.71 FEET TO A 5/8" REBAR WITH CA P No. 20364 ON THE EAST SIDE OF MAIN STREET; THEN CE ALO NG SA ID RIGHT OF WAY NORTH 75.37'5 1" EAST, 10.02 FEET TO A 5/8" REBAR WITH CAP No. 20364; THEN CE SO UTH 29.18'40" EAST, 152 .15 FEET TO THE POI NT OF BEGINNING OF THI S RIGHT OF WAY ACQU ISITION . FR OM SA ID PO INT OF BEGINNING THENCE ALONG THE EX ISTI NG RIGHT OF WAY SOUTH 29.18'40"' EA ST, 38.20 FEET TO A 6" X6 " CO NCRETE RIGHT OF WAY MARKER ; THENCE ALONG A RIGHT OF WAY FLA RE SO UTH 82.10'49" EAST, Sl.72 FEET TO A 6" X6" CO NCRETE RIGHT OF WAY MARKER ON THE NORTHWE ST RIGHT OF WAY LIN E OF VETERA NS DRIVE; THEN CE ALONG THE EXISTI NG RIGHT OF WAY LINE OF VET ERA NS DR IV E NORTH 4r27'40" EAST, 63.38 FEET; TH ENCE LEAV ING SAID RIGH T OF WAY LINE ALONG THE ACQUIRED RIGHT OF WAY LI NE NORTH 71•37'07" WEST, 67.53 FEET; THENCE SO UTH 24.02'3S" WEST, 40.25 FEET ; THENCE NORTH 70"16'5 1" WE ST, 38.41 FEET TO THE POINT OF BEGI NNING, SAID PARCEL CONTA INING 0.09 ACRES M ORE OR LESS SOUT HEA ST SIDE OF THE INTERSECTION A PARC EL OF LAND IN SECTION 8 TO W NSHIP 6 SOUTH, RA NGE 2 EAST BALDW IN COU NTY ALABAMA, COMMENCIN G AT TH E NORTHEAST COR NER OF LOT NUMBER 1 OF THE GONZA LEZ FAMI LY SUBD IVISIO N AS RECORDED IN TH E JUDGE OF PROBATE OFFIC E OF BALDW IN COU NTY ALABAMA AS SLID E 2300-A, AND INSTRUMENT NUMBER 101026, SA ID PO INT BE ING A½" REBAR W ITH CA P CA 393 ON THE WEST SIDE OF MAIN STREET, TH EN CE ACROSS MAIN STR EET NORT H 71•14'2 1" EAST, 83 .71 FEET TO A 5/8'" REBAR WITH CAP No. 20364 ON THE EAST SIDE OF MAIN STREET ; THEN CE ALONG SAID RI GHT OF WAY NOR TH 7S.37'S l " EAST, 10.02 FEET TO A 5/8" REBAR WITH CAP No. 20364; THEN CE SO UTH 29"18'40" EAST, 190.35 FEET TO A 6" X6'" CO NCRETE RIGHT OF WAY MARKER ; THENC E ALONG A RIGHT OF WAY FLARE SOUTH 82.10'49" EAST, 51.72 FEET TO A 6" X6" CONC RETE RIGHT OF WAY MARKER ON THE NORTHWEST RI GHT OF WAY LI NE OF VETERA NS DRIVE; TH ENCE ACROSS SAID RIGHT OF WAY SOUTH S6"11'52" EAST, 144.00 FEET TO A 6"X6" CO NCRETE RIGHT OF WAY MARKER ON TH E SO UTHEAST RIG HT OF WAY OF VETERAN S DR IVE, SA ID PO INT BE IN G THE POINT OF BEG INNING OF THI S RIG HT OF WAY ACQUISITION . FROM SA ID POI NT OF BEGINN ING THENCE ALO NG SAID EX ISTING RIGHT OF WAY LINE NORTH •17.2 7'31" EAST, 23 .01 FEET; THENCE LE AVING SAID EXIST IN G RIGHT OF WAY LINE ALONG THE ACQUI RED RIGHT OF WAY LIN E SOU TH 26"48'46" EAST, 26. 79 FEET; THENCE SO UTH 71 "02'19" WEST, 28 .72 FEET TO AN EXIST ING RIG HT OF WAY FLARE ; THENC E ALONG SA ID FLARE NORTH os·o2'S3" WE ST, 17 .78 FEET TO TH E POINT OF BEG IN NING , SAID PAR CEL CO NT AINING 0 .0 1 ACRE S MORE OR LE SS. er ~ 0 (I) (I) 0 er u 10 .02' CITY OF FAIRHOPE 05-46-03-08-0-001-003 . 000 70 ° 16' 51" W 38.41' • N S 26 ° 48' 46" E 26 .79 ' S 7 1° 02' 19" W 28 .7 2' EASEMENT FOR ROW EXHIBIT ALDOT PROJECT STPSU -0220(256) CITY OF FAIRHOPE 05-46-03-08-0-001-002 . 000 SCALE : 1" = 80' Page 104 of 156 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Richard D. Johnson/Justin Hammers/Nicole Love Date: 02-21-2024 Department: Engineering & Parks/Urban Forestry/ Grants & Special Proj. Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Thompson Engineering/Watermark Design $ Selection Approval & Negotiate NTE 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Master Planning Services – South Tract Flying Creek Nature Preserve – Off-Road Bicycling Facilities and Amenities 2. What is the total cost of the item or service? NTE $56,000.00 3. How many do you need? One Professional Services Contract 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Thompson Engineering/Watermark Design 6. Vendor Number: 20857/5473 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $56,000.00 3. Budget code: 103-55890 Line 20 Email completed form with quotes and other supporting documentation to Page 105 of 156 PUR-004 - 082522 Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Memo Notes: 1. Requesting the Council Approves the selection of Thompson Engineering/Watermark Design as the Master Planning Lead on the Masterplan and Preliminary Design Concepts for Offroad Bicycling Facilities and Amenities contained within the South Tract (±36 Acres) of Flying Creek Nature Preserve. 2. As Master Planning Lead, Thompson Engineering/Watermark Design, shall allocate a minimum of ½ of the master planning and design contract shall be subcontracted to a Specialty Design Firm preapproved by the City. This firm shall have experience and a demonstratable resume of off-road cycling projects within the region. 3. The City can provide a list of pre-approved Specialty Design Firms. 4. The Specialty Design Firm shall be named in the Resolution to Award the Contract. Page 106 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-266 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: Director of Parks and Recreation, Pat White, and Golf Course Superintendent, Tomm Johnson, are seeking to procure a qualified contractor to provide and install a new drainage system for ten (10) greens at Quail Creek Munucipal Golf Course located at 19841 Quail Creek Drive, Fairhope, Alabama. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: To Award Bid No. 24-026 Greens Drainage Project at Quail Creek Golf Course to Xtreme Golf Management for the not-to-exceed bid proposal cost of $115,000.00. BACKGROUND INFORMATION: A service bid was issued on February 2, 2024, posted to the City of Fairhope’s website, and advertised with Gulf Coast Media for three (3) weeks. One (1) responsive bid was received at the bid opening on February 27, 2024 at 10:00 a.m. The Director of Parks and Recreation and the Golf Course Superintendent recommend the award be made to Xtreme Golf Management. Their bid response price for the entire project was One Hundred Fifteen Thousand Dollars ($115,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001550- 50475 (Line 20) Golf Grounds $135,000.00 $115,000.00 $20,000.00 GRANT: N/A LEGAL IMPACT: N/A Page 107 of 156 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 108 of 156 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-026) for Greens Drainage Project at Quail Creek Golf Course at 555 South Section Street at the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, on bid was received and tabulated as follows: Xtreme Golf Management $115,000.00 [3] After evaluating the bid with required specifications, Xtreme Golf Management is now awarded (Bid No. 24-026) for Greens Drainage Project at Quail Creek Golf Course with a bid proposal not-to-exceed $115,000.00. DULY ADOPTED THIS 6TH DAY OF MARCH, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 109 of 156 Page 110 of 156 Page 111 of 156 Page 112 of 156 Page 113 of 156 Page 114 of 156 Page 115 of 156 Page 116 of 156 Page 117 of 156 Page 118 of 156 Page 119 of 156 Page 120 of 156 Page 121 of 156 Page 122 of 156 Page 123 of 156 Page 124 of 156 Page 125 of 156 Page 126 of 156 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Tomm Johnson Department: Golf Grounds Project Name: Front Nine Green’s Drainage Project Project Description: Installation of drainage system in greens Project Category: X Bid Professional Service Other: Budget Amount: $135,000 Budget Code: 1550 / 50475 Budgeted for Current FY: X Yes No BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Pre-Bid Meeting: No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Pat White (Jan 22, 2024 08:34 CST)Suzanne Doughty (Jan 22, 2024 08:38 CST) Suzanne Doughty Page 127 of 156 Project Request Form (Greens Drainage) Final Audit Report 2024-01-22 Created:2024-01-22 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAhTgttKzjpoduLg_ZFd7xsd_9xQluT7px "Project Request Form (Greens Drainage)" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-01-22 - 2:33:13 PM GMT Document emailed to pat.white@fairhopeal.gov for signature 2024-01-22 - 2:33:17 PM GMT Email viewed by pat.white@fairhopeal.gov 2024-01-22 - 2:33:51 PM GMT Signer pat.white@fairhopeal.gov entered name at signing as Pat White 2024-01-22 - 2:34:32 PM GMT Document e-signed by Pat White (pat.white@fairhopeal.gov) Signature Date: 2024-01-22 - 2:34:34 PM GMT - Time Source: server Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-01-22 - 2:34:35 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-01-22 - 2:36:51 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-01-22 - 2:38:39 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-01-22 - 2:38:40 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2024-01-22 - 4:00:49 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-01-22 - 4:50:20 PM GMT - Time Source: server Page 128 of 156 Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-01-22 - 4:50:21 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-01-22 - 6:50:42 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-01-22 - 6:52:37 PM GMT - Time Source: server Agreement completed. 2024-01-22 - 6:52:37 PM GMT Page 129 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-259 FROM: Jeff Montgomery SUBJECT: The Director of Information Technology, Jeff Montgomery, is requesting approval for the procurement of the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions as Sole Source. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: To approve the procurement of the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions. BACKGROUND INFORMATION: The City of Fairhope's P25 communication system was designed by and purchased from Motorola Solutions. Motorola is the only supplier for the Astro SUA II Advanced Plus Package for this communication system. The attached Service Agreement includes the System Upgrade Agreement II, the ASTRO SUA II Field Implementation Service, and the ASTRO System Advanced Plus Package for Thirty-Three Thousand Three Hundred Thirty Dollars and Forty-Eight Cents ($33,330.48). The equipment is exempt from formal bidding per Code of Alabama 1975, Section 41- 16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50380 Police- Communications $32,000.00 $33,330.48 ($1,330.48) Page 130 of 156 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 131 of 156 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions for a not-to-exceed cost of $33,330.48. [2] Service Agreement includes the System Upgrade Agreement II, the ASTRO SUA II Field Implementation Service, and the ASTRO System Advanced Plus Package. [2] This equipment is exempt from formal bidding per Code of Alabama 1975, Section 41-16-57(b)(1). Motorola Solutions is the Sole Source provider. ADOPTED ON THIS 6TH DAY OF MARCH 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 132 of 156 Date: 11/01/2023 Company Name: FAIRHOPE, CITY OF Required P.O. : PO # : Customer # : 1036770164 Bill to Tag # : Contract Start Date : 01-Mar-2024 Contract End Date : 28-Feb-2025 Payment Cycle : ANNUALLY Attn: Billing Address: PO DRAWER 429 City, State, Zip: FAIRHOPE , AL, 36533 Customer Contact: Phone: Qty Service Name Service Description Extended Amt SVC02SVC0201A ASTRO SUA II UO IMPLEMENTATION SERVICES $0.00 SVC02SVC0344A RELEASE IMPLEMENTATION TRAINING $0.00 SVC02SVC0343A RELEASE IMPACT TRAINING $0.00 SVC04SVC0169A SYSTEM UPGRADE AGREEMENT II $10,451.93 SVC02SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $690.82 LSV01S01109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $22,187.73 Subtotal - Recurring Services $2,777.54 $33,330.48 Subtotal - One-Time Event Services $0.00 $0.00 Total $33,330.48 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: I have received Applicable Statements of Work which describe the Services and cybersecurity services provided on this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, areattached hereto and incorporate the Cyber Addendum (available at https://www.motorolasolutions.com/en_us/ managed-support-services/cybersecurity.html) by reference. By signing below Customer acknowledges these terms and conditions govern all Services under this Service Agreement. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 133 of 156 CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE)TITLE DATE Mike Williams 2054400392 MOTOROLA REPRESENTATIVE(PRINT NAME)PHONE Company Name : FAIRHOPE, CITY OF Contract Number : USC000006351 Contract Modifier : R01-NOV-23 23:56:40 Contract Start Date : 01-Mar-2024 Contract End Date : 28-Feb-2025 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Customer Support Manager - Alabama 01/09/24 Page 134 of 156 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3 “Services” means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6 If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section 5. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 135 of 156 Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 136 of 156 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 137 of 156 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Sept 03, 2022 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 138 of 156 Cybersecurity Online Terms Acknowledgement This Cybersecurity Online Terms Acknowledgement (this “Acknowledgement”) is entered into between Motorola Solutions, Inc. (“Motorola”) and the entity set forth in the signature block below (“Customer”). 1. Applicability and Self Deletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including Remote Security Update Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise provided to Customer, including through bundled or integrated offerings or otherwise.NOTE: This Acknowledgement is self deleting if not applicable under this Section 1. 2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at http://www.motorolasolutions.com/cyber-renewals-integrations are incorporated in and form part of the Parties’ agreement as it relates to any cybersecurity products or services sold or provided to Customer. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on-line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola. The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms. 3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services. This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. 4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The Parties hereby enter into this Acknowledgement as of the last signature date below. Revised Sept 03, 2022 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2402605 Contract Number: USC000006351 Contract Modifier: R01-NOV-23 23:56:40 Page 139 of 156 02/19/2024 Jeff Montgomery Erin Wolfe City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: Recommendation for Sole Source Radio Maintenance The City of Fairhope is the owner of a complex, mission critical communication system, City of Fairhope’s P25 system, that was designed by and purchased from Motorola Solutions (Motorola). This document outlines an approach that we believe is needed to properly maintain and support the City of Fairhope’s P25 communication system and Motorola’s capabilities as the recommended sole source provider. Based on the below information, Motorola stands ready to provide these services on a sole source basis, although Motorola is making no legal representations regarding the City of Fairhope’s P25 communications system obligations to comply with its own procurement rules and regulations. Maintenance and Support Requirements Local Technical Resources Motorola has stringent requirements for their authorized servicers that perform warranty and service work on Motorola communication systems and subscriber equipment. Assessments on technical capabilities and test equipment inventory are required annually. Work is contracted based on the servicer’s experience, training and performance under contract. Continuous training and up-to-date manuals are provided to these service subcontractors to assist with service. For the City of Fairhope P25 communication system, Motorola authorized servicers have the required training and the required test equipment to properly service Motorola communications equipment in the field. Should the local Motorola field technicians have issues supporting our equipment, Motorola has a local staff of dedicated personnel to provide next level support. Motorola also has a network of over 500 authorized service providers whose expertise can be drawn upon to further assist where necessary. It is important that highly skilled local support is available for issues and questions regarding Motorola communications equipment. There must be manufacturer authorized service technicians available to repair, replace, or optimize Motorola communications equipment. The contractor must have an adequate local technical ∙ Page 140 of 156 staff to service Motorola communications equipment during contractually agreed upon hours. These technicians must be knowledgeable and fully informed on the specific design of the City of Fairhope’s communications system. Training is key in being able to deliver adequate and consistent support. The technical resources must be factory-trained and should be able to show proof of this training. This training should cover the specific equipment used in each site. Field System Technicians Motorola System Technologists provide priority assistance to Motorola contract customers to assist in resolving complex system and subscriber issues. These highly skilled technicians have worked on many analog and digital systems and are an important part of the field installation and optimization of Motorola systems. An important part of their duties is to give technical guidance to authorized local servicers. These technicians are privy to proprietary product information and are kept up to date on system and subscriber technology through continuous training. They are made available for priority service to Motorola contract customers for help at their system location. Without a Motorola service contract, there is no guarantee Motorola System Technologists will be available to assist field technicians when an issue arises, and technicians could experience significant delays in receiving their assistance. Motorola believes the expertise offered by these resources is critical to quick resolution of complex issues. At times, issues may be too complex for trained technicians to resolve. When this occurs, experienced system manufacturer technicians must be available (at no extra charge) to provide additional high tier support. These resources should be able to guide and assist local service technicians with complex system issues. They also have knowledge of other like-designed systems and subscriber equipment, are up-to-date on the latest software and hardware, and are aware of critical system characteristics. Other Technical Resources Motorola has a call center available through an 800 number that provides a central point of contact for technical help 7 days per week, 24 hours per day, 365 days per year. This center can dispatch or coordinate other Motorola resources or service providers. They also have the ability to remotely monitor systems, which allows them to proactively resolve many issues before they have a severe impact on the MARCS system. The system technologists in this call center have experience working on issues with Motorola systems every day, which makes them uniquely qualified to provide support for the City of Fairhope’s P25 communications system. They also have a fully equipped laboratory that can duplicate the City of Fairhope’s P25 system configuration, which allows them to replicate issues when necessary for resolution. Finally, they have direct access to development engineers when issues arise that need to be addressed by ∙ ∙ Page 141 of 156 those who designed the Motorola system and subscriber units. The combination of all the above resources for supporting Motorola equipment has been proven to be successful for other customers. Repair Services The City of Fairhope’s P25 communications system equipment will sometimes require repairs. When this happens, The City of Fairhope will want to have minimal downtime due to the issue. It is important that the City of Fairhope’s P25 equipment is serviced to manufacturer specifications, spares are available as quickly as possible, and that the City of Fairhope has confidence that the equipment is properly repaired. When repairs are necessary, Motorola has centralized repair facilities for items that can’t be repaired in the field for mobile, portable, and infrastructure products. The average repair for infrastructure products is around 10 days. Like the other technical resources mentioned above, these depots have direct access to the Motorola development resources. They receive factory training and have access to the most recent product issues and resolutions. No other contractor will have access to this product information that is proprietary in nature at times and available only direct from Motorola. Service Representative A local service representative is assigned to assist The City of Fairhope’s user agencies with resolution of system and subscriber problems as well as provide important information to us when necessary. This representative is the primary contact with The City of Fairhope under the maintenance contract, and the liaison with the Motorola authorized shops servicing Motorola equipment across the state. That service representative is available by telephone (office, cellular and home telephone) and when necessary will provide onsite response at any hour of the day. They are also available to assist in escalating issues to higher levels in the Motorola organization if necessary to resolve an issue with The City of Fairhope's P25 communication system. The representative is a single point of contact for any issue that requires attention and acts as the gateway to other resources within Motorola when needed. Preventative Maintenance Program The contractor should have a preventative maintenance program specifically designed for the unique characteristics of The City of Fairhope's P25 system. Motorola’s service representative creates a comprehensive, customized system support plan that is tailored to the unique needs of The City of Fairhope's P25 communications system. This program clearly outlines responsibilities of each of the service providers, and specifically outlines what is included in each of the services. Public Safety Applications Products and Support Motorola Solutions is a worldwide leader in providing Public Safety Applications products and services. The PremierOne applications contain proprietary software ∙ Page 142 of 156 developed and owned exclusively by Motorola Solutions. To provide complete software maintenance services for these products requires access to Motorola Solutions’ proprietary software source code. No other vendor has access to the Motorola source code and therefore would not be able to service and support the CAD and Mobile solutions in use by The City of Fairhope. Conclusion Based on the The City of Fairhope's P25 communications system specific maintenance needs, the proprietary nature of certain aspects of maintaining the communications system, and Motorola’s unique position as the manufacturer of the The City of Fairhope's P25 system and its subscribers, we believe that Motorola is uniquely well positioned to provide the full range of services required to properly maintain the The City of Fairhope's P25 communications system. The resources, processes, and technology that Motorola possesses makes Motorola a clear choice to be the sole source provider of services for The City of Fairhope's P25 communications system. Sincerely, ∙ Customer Support Manager- Alabama mike.williams4@motorolasolutions.com 205-440-0392 Page 143 of 156 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 02/19/24 Department: Motorola System Renewal Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$15,000 Utilities - $10,001 - $15,000 Operational Budgeted Three Treasurer N/A N/A Over $15,000/$50,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $15,000/$50,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Motorola $ 33330.48 2. Click or tap here to enter text. $ 3. Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☒ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Yearly Renewal 2. What is the total cost of the item or service? 33330.48 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Motorola 6. Vendor Number: 836 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 32,000 3. Budget code: 50380 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 144 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-245 FROM: Chad Clark, FAIRHOPE ROTARY SUBJECT: Fairhope Rotary Steak Cook Off AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Council to approve Fairhope Rotary Club Foundation request for “Fairhope Rotary Club Steak Cook-Off” on May 11, 2024, for street closures on Bancroft Street, between Fairhope Avenue and Morphy Avenue, and Johnson Avenue between Section Street and Bancroft Street; event from 12:00 p.m. to midnight; and approval to allow alcohol on City streets contingent upon ABC License and approval. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 145 of 156 City of Fairhope Approval Special Event Request b2 16 I 2024 I Date complete application submitted to Rental Facilities Department Fairhope Rotary Steak Cook Off Ev en t : • . Chad Clark Pers on Requesting : _________________________ _ Date of Ev ent : 511112024 --------------------------- L t . South Bancroft From Fairhope Ave to Morphy Ave & Johnson Ave From Sect oca ion : ____________________________ _ _J Approval/Disapproval supporting documentation attached. Approval : 2/20 /2024 ,_S_t_e_p_h_a_n_ie_H_ol_li _ng_h_e_a_d ______ Date : ______ Appro x. secu r ity cost Police Chi ef /Designee $ 3 ,307 .50 2/16/2024 350 .00 _G_e_o_r...c...g_e _L_a_d_d _________ Date : ______ Appro x. cost city servic es $ ____ _ Directo r of Publi c Works/Designe e Pa ige Crawford 2/16/2 024 _ ____c._ _____________ Date : ____ _ Direct o r of Community Event s Disapproval: Date : --------------------- Poli ce Ch ief Date : --------------------- Di r ecto r o f Public Wo r ks/Design ee Date : --------------------- Di r ecto r of Community Events □ Route back to rental facilities department for application package finalization NOT ES : --------------------------------- Rev . 01/20 M S/CM Page 146 of 156 u _ L -A r o NJ ;::-j _ ,,. f'e lt.v'\ rv u eJ p ai y ~ ev'\ i-/._..A t:t.r APPLICATION FOR USE OF THE CITY OF FAIRHOPE SIDEWALKS Al\1D/OR STREE~ We th e undersigned here by appl y for th e use of certa in s idew alks a nd/or streets w ithin the Ci ty of Fairhope and in connect ion with said application, furni sh the following: I . Which street and/or si de a lk do you wish to use? ~ fu C ~ b..t.> \zJ'~ {~°f' ~ e. ~ \v1oqhf J< , \"> ~ M\ ,L _, 2. Date Requested : ___ ---1r1~<1--:f~-+l ~\ _ __._a=>L:....T.L. Hours requested from : \ • , 0 0 to __ \.___,\_:_l)_L""=--- 3 . Renter 's Name: _ _,_R),--""""'...,,,4-/_.b~o'-f'r=e.----LK~o"'--'--.,,,Ct......,n~,__,C_,\_.__v~tJ=---------------- Address : YO Bo'& / t I Sta te : _A~~' __ _ Zip: 3<oS 33 City: Ic"', ,c ho~ Phone umb ers : __,.~':)...,___,\.____,_---+--'"'-"'----""l)'--~""--'1'----""------.--------------- 4 . Purpose of Use : _--,J_b_::½=-.;'....:'c':...,_.:.....:..::=...J::......::=----'~.L...l~-'--::J,,/,---=--~=-=::.,:k:::::,,,,.~-C_,,__..,,,u'-"'-C.,_)l==---£-E.1...-_,___ _____ _ 5. Numb er of persons expected to attend (a dult s and minors): --=---'---------------------- 6 . Will there be alco hol on th e premises during the event? Y S If requested the Fa irh ope City C ouncil may allow a lcoholic beverages. If a lco hol is a llow ed , th e user mu st ad here to a ll rul es of th e Alabama Beverage Control Board and its permitting process . All pe rmi ts req uired mu st be subm itted to the C ity of Fai rhop e Po li ce C h ief at least 12 weeks prior to the event. 7. Desc,ibe any deco"tioas, te nts, sou nd equipmeo ~:•,i~:,• pon-o-lets , etc T\,,a,v ;,_ , I I ~e__ 5 ::_ Ee. O• -(.\ ,......., ......... ".:::. __ ~---"-'---_._._--"'O"'-~'--'--__Q---=-,.J~d=--_j __ L=M-~'b' Ren tal Company : V \__5_ ~ t'1J2ci =t:>{O 8. Will you need electrici ty? X Yes o For : ~~!1_.hb~~~~~~L~~~~Y)C)_ __ Will you need wa ter? Yes L No For: I N DEM ITV AND HOLD HARMLESS AGREEMENT In consideration of the pennission granted to me by th e City of Fairhope to use th e sidewalks a nd/or streets I hereby indemnify and hold harmless the City of Fairhope , its agents servants and emplo yees from any and all claims and causes of action that may arise from injury to me or third parties u sing the si d ewa lks an d/or streets w ho are injured o r suffer property damage tha t is in any way caused by my use of the si d ewal ks and/or streets. This indemnity and hold h arml ess agreement is given to the C ity of Fairhope to protect the City and its agents , servants and emp loyees from cost of defense and c la im s fo r injuries and damages th at may be caused either directly or indirectly by my use of th e si dewa lks and/or streets . CLEANING AND CANCELLATION POLICIES a .) Al the co nclus ion of th e event, the area wi ll b e inspected by a representative of the C ity. If the user has not cleaned up the park a nd restored it to it s original con dition , the City w ill clean up the park and ch arge the user for the serv ices . b .) All ca nce ll at ions and/or da te changes mu st be in writi ng and signed by the same person who signed the ap pli cation and paid the rental fees , a nd must be given to the Site Manag er not less than 30 days prior to the event. No fee re funds will be made for cance ll ati ons made less than 30 days p rior to th e eve nt . Fee refunds will be made by check, and deli ered by mail, less th e co st of City serv ice s, as assessed by the ap propria te C ity staff for cleaning, or a 20% handling charge for cancella tion s . We the undersigned have read and understand the Indemnity Agreement , as we ll as a ll rule s and regulation s contained in City Ordinance No . 1576 as set forth by the go erni ng body of the C ity of Fairhope , and will abide by thes e rules and reg ul ations , which include but are not limited ~o the Cancellation an lea , • licies . We also und erstand that if, at any time , th e City-appoi nt ed Law Enforcement Personnel ti 11 ti said rule nd r g 1o t being followed , th e fu nction will be terminated . Re nter 's Signature: --'~':::a;:-----=---'""""=-----------------Date : __ l __ -__ '-j_-_Yf _____ _ Fees Paid : { 1 Date : Z /1 Ck.#: I [ i t ( -Ofli e U,e 0 11 /1·-/ App licati on Signed,Dated_J_ Permit/Deposit Fees ____ Ent ered in Cale ndar~--- Page 147 of 156 CITY OF FAIRHOPE STREET & SPECIAL EVENT CHECKLIST ALL INFORMATION AND DOCUMENTATION REGARDING YOUR EVENT MUST BE SUBMITTED TO THE CITY OF FAIRHOPE AT LEAST 12 WEEKS PRIOR TO YOUR EVENT ANY DOCUMENTATION THAT IS SUBMITTED LESS THAN 12 WEEKS WILL NOT BE ACCEPTED ./ 1. Application, Cancellation Policy, Indemnity/Hold Harmless Agreement signed, dated, and fees paid. / 2. Letter to the City Council if you are making any special requests which Include but are not limited to street closing, permission to have alcohol, law enforcement personnel, barricades, and other event details. J 3. Route/Map of Special Event [Emergency Vehicle access must be provided] / Estimated Law Enforcement/Personnel Cost: $ _______ _ 4. NON-PROFIT ORGANlZA TIONS: Proof of nonprofit status (IRS letterhead) 5. Proof of liability insurance naming the it,, or Fairhope a additional in. ured for date of event requested . V 6. Signatures from 75 8/o businesses/residents directly affected by the street to be closed. ✓ ,. Notifications to 100% of businesses & residents within 300 ft. ofstreet to be closed (30 days in advace) 8. For South Park Events, signatures from : Restaurant on Pier: ___________________ _ Date: ________ _ 9. Event details (Items, including the ones listed below, must be removed immediately following event and park/street cleaned and restored to original condition. (If not, additional fees will be incurred.) Law Enforcement Personnel _£__ • Barricades -.L Staging _.,,c:: Tents Port-o-lets Provided by : __ S..;;....z.b..;.::,,.a· \..,..U!..=·,__. __,_fu_'_o_l .\-_"2. ____ _ Provided by: Sh~,. ~tw '1 ~ ¥~1~ l.VOV,,:,~tJ Provided by: l ) )'::>\-n t:...,v)'""I.\--X 0 Provided by: G (, 2 ~ --JC X 4 0 provided by: =f:A~ r R,x:-k.Jd..e -r:·,leh Special transportation needs provided by : ~ Special electrical needs: _t_Oi--ie-'---'-_~ __ V___;;_;;oc....-pr'---c'--'('-C.\ __ -_,:::...LJC-.:O""-'-.c:...~i.=---L=cif'l..,.6'---"-'J __ _ _L_ f?\~e / 10 . AGENDA DATE TO MEET WITH CITY COUNCIL (if required): r"\o\·._ .C. / C\'\cJ L\.et Y~- O.Oicc IISC 0 11 /y __ Street cl osing approved __ Alcohol ap proved __ AB C License if selling alcoh ol __ Park/Street penn it fee s paid Page 148 of 156 DATE : ____ _ SIGNATURES of BUSINESSES & RESIDENCES g' INSIDE CBD : Signatures of app r oval from 75% of biz/res whose store fronts are directly affected by street to be closed (12 weeks prior) AND Notification to 100% of bus/res within 300 ft. of the event (30 days pri or)* D OUTSIDE CBD : Signatures of 75 % of businesses and res idences within 300 ft . of street to be closed (12 weeks pri or ), AND notification to 100% of bus/res along the street to be closed (30 days prio r )* *NOTIFICATIONS MUST BE GIVEN VIA U.S. MAIL, E-MAIL, OR DOOR-TO -DOOR, 4 WEEKS BEOFRE TO YOUR EVENT. ALL SIGNATURES ARE DUE NO LATER THAN 12 WEEKS PRIOR TO EVENT DATE. ADDRESS PHONE Person(s) respons i ble for collecting and authenticating above signatures : Name _______ _ Phone ______ _ Page 149 of 156 Rotary Club of Fairhope Foundation Post Office Box 7 41 Fairhope, Alabama 36533-07 41 January 4 , 2024 Dear Sir or Madam : Rotary Club of Fairhope Foundati on The Fairhope Rotary Club Foundation has reserved the Fairhope Civi c Center located at 161 N Section St. Fairhope, Al and has paid ne cessary fees for the stre e t closures of S. Bancroft from Fairhope Ave. to Morphy Ave. including Johnson St. for its event dated May 11th , 2024. The City of Fairhope is in receipt of the necessary funds for this reservation. We will need closing the streets at 12 P.M. to 11:59 P.M., permission to serve alcohol , law enforcement personnel, barricades, a nd WiFi booster if available. Thank you fo r you r consideration, Eve nt Coo r dinator: ~ce_p Chad Clark Contact Information : Cha d CJar k@ cbenterprise.net 251 -776 -0895 or 251 -517 -9607 Pres ident: Lee Turner Vice President: Anil Vira Secretary/Treasurer: Ed Wall Page 150 of 156 Rotary Club of Fairhope Foundation Post Office Box 7 41 Fairhope, Alabama 36533-0741 January 4 , 2024 Dear Sir or Madam: Rotary Club of Fairhope Foundati on This is written to notify the City of Fairhope of The Fairhope Rotary Club Foundation's submittal to the Alabama ABC Board for a special Event permit in order to serve our guest beer and wine at The Fairhope Rotary Steak Cook Off located at S. Bancroft St from Fairhope Ave to Morphy Ave including Johnson St Fairhope Al or if rain 161 N Section St., Fairhope Civic Center, Fairhope, Al. The e vent will be held on May 11t h, 2024, from 12:00 P.M. to 11:59 P.M. Ou r o rganization is a 5013C as recognized by th e IRS . Pro c e e d s of the event go to local charities. Please contact Event Coordinator Chad Clark at any of the numbers o r a ddress e s listed below for questions that might arrive. Contact Information : Ch a d Ciark @c benterp rise .ne t 251 -776-0895 or 251 -517 -9607 Thank you for your consideration. Lee Turner Fairhope Rotary Club Foundation, President Pr esi d ent: Lee Turner Vice President: An il Vira Secretary/Treasurer: Brenda Hinds Page 151 of 156 Rotary Club of Fairh ope Foundation Post Office Box 7 41 Fairhope, Alabama 36533 0741 Rotary Club of Fairhope Foundation Officers of the Fairhope Rot ary Club Foundation Yea r s 2023 -2 02 4 Lee Turner -President An il Vir a -Vice President BG Hi nd s -Secretary /Treasurer Sumitted by: Chad Clark Ev ent Organizer Pre sident: Lee Turner Vice President: Anil Vira Secretary/Treasurer: Ed Wall Page 152 of 156 tJ 0 ~ Fai r h p Ave Dr rphy A. • Yellow highlighted area is event space • Will be 3 gates F irhot • Police to mon i tor each gate Page 153 of 156 FGm W-9 (Rav. OctcCMr 2018) De~ o! Iha TNE,ay Request for Taxpayer Identification Number and Certification ► Qo to www./rs,go-rlFonnW8 for Instructions and the latest lnfonnatlon. Give Form to the requester. Do not send to the IRS. 1111£1 IUI~ 1 NO/TlQ (a a aho\vn on rour income 1M ,-1 '-"1}, Nam e 11 Fairhope Rotary Club Foundation lne; do nal leave 11111 Ina b!Jnk. l! Business namaldlsleg1...,rdedc-:-en-:;-:Uty-1WM--,...,,H-==-eno-11-,-11=-m-m-llb-=--ov-.------------------------- ~t---------------------------------.----------- 1 S Cl-.eek pprq,ri.ta box for ftd1r.11I tall lcatlan of the ~n whou name la entlrld an lne 1. Che!:k orly on of lhe 4 EJCemplbNi fcoda ~ on ti, to fallllwtng -baxM. 0911aln onlltlcll, not lndMduab; tee g O lndlvl V.oll proplfel !lf or O C Corporation O S Carpo,ation O Plllnlllhlp O TruaV-te ilstructJona on pega 3): . I alll!lle-mllllhlr LLC ~ PIYI• codt Of 1ntj • .... 1 0 l.rniled lllbi ty eamp any. Entar the tu OC.llon (c,.,c COIJ>Orilllon, s,.s oorpcn1IDn, P-Panne1lhlp) ► _ --- 0 Noll!: Check Iha IPl)r0Pfllll ■ Ill the Ina abavc, for lite IU C cation of Ille lhgl&-mem o-. Do ftDC e/ltCk &.....,iion from FATCA n,pQtting ~ U.C II Ile LlC claulfied u • ■lng!Hnembw llC lhat ii dlan,g Gd tam Iha owrw unle51 the awnar al the U.C Is cod9 9f ~ &:. -another LLC ttw b not dllragardad IIOffl Illa owne r ror u.s.1111...i 1u pu!J>OMI, Olh9rwbe, a atngll-m.mt>er u.c t I II ctsn,oardod fl'onl lh& awn• ahoU'd wdc th■ epprap te bOK 101 the l111< c:&ullcalion of owrwr. 0 Olhlr(ao■lns 1rucr )► 501 c ) ,.....,.__,, __ ,.11.a., a Adck.m (number. weel. and apt. or auill ooJ a.. lna lructlons. Rlq!Mter1 Mme Grid lillldllr'..s (Opll DfUlli j ~P_O,.,.Bo_x_7_41__,..,==--,------------------i I City, mt■, and 2JF code Fairhope , AL 36533-0741 7 Ust -inl ~) hlra (o pliOnaQ Taxpayer Identification Number (TIN) TIN in the 11.P?ro pnate box, The TIN l)nMde(I must march 1h11 name grven oo I ne 1 to avoid I Socl ■acurfty number J blekup ho Ing . For lndivldu I , thla la ir-nerafty y«:UJ ucurity numb w (SSN). ~. for a ITJJ -[D -I I I I J ruldaot lllen, '°" proprietor, or dl wgardo<t entity, the strucllons tor Pst I, et. FQ" olhlr enlltles, It Is your employur ldantlflcaUon runbar (E IN). N' you do not haVe ■ runber, -How to Qf1f • n N,lat . or Note: If the account ia In more ttw, one oama, aee th e ln1tructlona !or line 1. Also -Whi t Nlmll ltld Nutrbet-To GJw tti. Rsquester for guide nes on whoN numb r to entar. l!mPloYGr ld■n~llon number j I I I I Certification Under penal les of PeiiUJY, I certlfy that: 1. The runbcr ahown on 1h19 form la my correct taxpnyer ldorrtlllc ■tk>n numi. (or I am walling for ■ number to be lsal9d to me); and 2. I am not subject to bac.lwp wlthholdlng bccai.J&a : (a) I am ex empt from backup ltlaldlnQ, or (b) I have not bNII notified by the Internal Revenue ~ (I-RS) that I am i:.ut>jec t to baol<up w lthlloltflng aa I r u lt of a lalkm1 to ~ al In r 11 01 dividends. or (c) Ille IRS ha, notified me ltlat I am no longer aUbject to beollup withholding; ■nd 3. I am a U.S. clllan or other U.S. person {defined belov,1; and 4. The FATCA oode(ej entered on thhl fom\ (If any) Indicating that I em exempt from FATCA repcrtlng corract. Cor11fic:atlon tnalruGtlon a. You must crosa cut 11am 2 vu If you have bo1 n notlli1!d by Ula IRS lllal you are CUll'lln\ly ~ to ba.ckup wa~ becau 11 you haw Jailed to raport .a! In ■nd dlvldandt on )'OIi' lax l'ltum . Far r ,ta.~ lrl!I\Slldlo.!111, item 2 doe■ not apply. For mortgage lnt«m paid, acqulslUon °' abandorwnonl or secured praparty, C9fte■llatlon o1 dnbt eonlrtbullon,. to an Individual ,.._nt afTWl9 rn<N'tl (IRA), and g■narally, paym nta 01h■I' tnan nterest and dMdends , you ll'e not raquln,d to sign 1h11 certtllcallon, but )'DU ~ provide your C0fftC1 TIN. &,a the Instruc tions for Pait II, General Instructions Section Nlferences are to ti. Internal R-,ue Code unlNI otherwise l"IClbld. Fut • d...,.loprn ■ntl, F« the lateat lnfomlatlon about dl!Y lopmonts 111d to Form W~ and Ila k lnwtlo, , such a I !AIB!kin enacted alter they wwe publlenad, go to www.fn,.gov/Fom,WS. Purpose of Form Ar. lndMdual or en ty IF O!ffl W-9 roqu .. 1 I) wtlo • r ulred to fil s 111 lnbmallon ~ with the IRS mu11l ob n ~ c ract t y ldonHfietttlon num r (TI N) which y be yow social ri ty number (SS N), indMdUIII blxpaye, ldentlflcQllon numba OTIII.,, adopt n \Gxpayet identitlca\lon runber IATIN), or employo• ld onlll1callCl!'l numt»ar (BN), to rwport on an f'formlltlon ratm, the amoun1 paid to you . Olhar amount reportable on n lnlormaUon l'ltum. Exemp'. s of ln ro rmal!on re1Um1 lnellide, bl.~ -not lmttod lo, lh• folowlng. • Form 1009-INT (lnte,Ht eamad or paid) Ce Nn. t 1X • Form 10119-0IV {dlvldemu, Including those from stodai or mutual fundll • Fann , 098-MISC (VlrloU8 types or Income, pntMG, award&, c, groaa proce■dl) • Form 1099-B '61ock or mutual fund llllea and certain other transaciions by brt1 ktB) • Form 1090-S (praoea dli fro m ml estate 1nlnSllcilona) • Form 1099-K (merchant card and thlJd party netwofl( 1tans111.tlone) • Form 11198 (home m ong■ge lnttrNt), 1098-E (etude nt loan lrure91), 1098-T (lu!llon) • Form 1 OIN-C (Qnc■ ted det>tl • Form 1099-A (ecquilltlon or ab ndonment of MCW'ed property) Uu Form W1' only If you are e U.S. penion Qnc:ludln a resident ■lenj, to provide )'OIJr rroc t TIN. ff you dO l'IOl 181U171 t-ann W-M ID ma I E =or t 11/1 a /IN, } might be subject to ~ 1vft/lholri, . See What I bllCkUp wllhho r'Q, tafW. Paae 154 of 1 !'iR Signature: Signature: f'-8'!4' Ladd Email : step han ie.ho ll i nghea d @fairhopea l.gov Email: george .l add@fairho peal.gov Signature: Pa irw~d (~::ff1olfi:}LT) Ema il: paige .crawford @fair hopeal.gov Page 155 of 156 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-270 FROM: Marcus McDowell, City Attorney SUBJECT: To discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. AGENDA DATE: March 6, 2024 RECOMMENDED ACTION: Approve going into Executive Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 156 of 156