CITY COUNCIL

Eva Galambos, Mayor

John Paulson – District 1
Dianne Fries – District 2
Chip Collins – District 3
Ashley Jenkins – District 4
Tibby DeJulio – District 5
Karen Meinzen McEnerny – District 6

Tuesday, February 2, 2010 Work Session Following the Regular Meeting

Staff Discussion Items

Nancy Leathers, Director of Community Development

1. A Resolution to Reduce Fees Collected by the Department of Community Development for

Economic Development Purposes

2. A Resolution to Amend the City of Sandy Springs Community Development Fee Schedule

3. Adopting a Water Conservation Ordinance that will allow City Officials to enforce a State Law
requiring new irrigation systems to have rain sensor shut-off switches, and to enforce State
drought watering restrictions

4. An Ordinance to amend Chapters 109-222(c)(8) & 109-222(c)(9) of the Code of the City of Sandy
Springs to define and standardize exemptions to the City of Sandy Springs Stream Buffer
Protection Ordinance related to Minor Land Disturbing Activities and administrative approval of
stream buffer variances for Capital Improvement Projects (CIP).

Thomas Black, Director of Public Works

1. Quarterly Updates on the Capital Improvement Program and other Major Public Works Programs

Wendell Willard, City Attorney

1. Assignment of Morgan Falls Office Park lease (“Assignment”) to the Sandy Springs Public
Facilities Authority (“Authority”) and sublease to the City of Sandy Springs (“City”)

2. Discussion of Lease Agreement between Georgia Tech Kayak and Canoe Club and the City of
Sandy Springs – Morgan Falls Overlook Park

Council Discussion Items

Tibby DeJulio, Mayor Pro-tem

Hear an Update and Recommendations regarding the General Government Services Agreement
Draft Water Conservation Ordinance
ORDINANCE NO. _____________

STATE OF GEORGIA

COUNTY OF FULTON

AN ORDINANCE TO ESTABLISH THE CITY OF SANDY SPRINGS,

GEORGIA’S COMMITMENT TO WATER CONSERVATION AND
EFFICIENCY; TO ADOPT WATER USE RULES FOR WATER
CONSERVATION CONSISTENT WITH THOSE ESTABLISHED BY THE
GEORGIA DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION AS MODIFIED BY THE
CITY OF ATLANTA DEPARTMENT OF WATERSHED
MANAGEMENT; TO PROVIDE PROCEDURES FOR
IMPLEMENTATION AND ENFORCEMENT; AND FOR OTHER
PURPOSES

WHEREAS, water conservation is the beneficial reduction in water loss, waste, or use
and includes all measures of water use efficiency; and

WHEREAS, water conservation is a sound water management tool and can result in
long-term economic, social, financial, and environmental benefits; and

WHEREAS, developing new sources of water and infrastructure is typically more

expensive than extending the life of existing supplies through water conservation and efficiency;
and

WHEREAS, when coupled, energy and water efficiency can result in significant
financial and natural resource savings; and

WHEREAS, the Mayor and Council of the City of Sandy Springs, Georgia (the “City”)
recognize that through water conservation and efficiency, other cities have achieved significant
reductions in water use and the City can benefit from setting water conservation benchmarks and
goals; and

WHEREAS, the Mayor and Council of the City recognize that water loss and
unaccounted for water can lead to problems in water availability, cost of services, and delivery
reliability;

NOW, THEREFORE, in order to accomplish the foregoing, the Mayor and Council,
pursuant to their authority, do hereby amend the Code of Ordinances for the City of Sandy

X:\City Clerk\Agendas 2010\02022010 Regular & WS\Work Session\Water Conservation Ordinance Irrigation\Draft
Water Conservation Ordinance (R2).docx
Springs, Georgia, by establishing Chapter 110, WATER CONSERVATION, to read as
follows:

Chapter 110

WATER CONSERVATION

Article I. In General

Sec. 110-1. Short Title.

This chapter shall be cited as the Water Conservation Ordinance of the City of Sandy Springs,
Georgia.

Sec. 110-2. Purpose.

The purpose of this chapter is to promote water conservation by establishing water use rules for
year round water conservation, to promote the efficient use of water, to reduce or eliminate the
waste of water in the City, and to enable implementation of the City’s water shortage
contingency measures.

Sec. 110-3. Adoption of Water Use Rules.

The City hereby adopts by reference the outdoor water use rules mandated by the Georgia
Department of Natural Resources Environmental Protection Division (“EPD”), from time to
time, as the same may be modified by the City of Atlanta Department of Watershed Management
(the “EPD/Watershed Management Rules”). A copy of the current EPD/Watershed Management
Rules is incorporated herein by reference, and a current copy of the same shall be maintained in
the office of the City Clerk.

Sec. 110-4. Water conservation incentives. The City has developed and implemented
economic incentives for conservative water use, identified as the “City of Sandy Springs Water
Conservation Permit Incentive Program,” a copy of which will be maintained on file with the
City’s Department of Community Development.

Sec. 110-5. Additional water conservation measures. In addition to the water conservation
requirements established by this chapter, the City Manager or his or her designee is authorized to
develop and promulgate additional water conservation plans and measures which shall be
directed to achieve target goals for water conservation as determined by the City Council by
resolution from time to time.

Article II. Specific Water Conservation Requirements

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Water Conservation Ordinance (R2).docx
Sec. 110-6. Rain Sensor Shut-off Switch required.

(a) As used in this Code section, the term "rain sensor shut-off switch" means an electric device
that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to
turn off such system when a predetermined amount of rain has fallen or whether the temperature
is 32 degrees Fahrenheit (zero degrees Celsius) or below.
(b)(1) No person shall install any landscape irrigation system equipped with an electronic
controller that does not have a rain sensor shut-off switch.

(2) Paragraph (1) of this subsection shall not apply to either landscape irrigation systems
installed on golf courses or any system dependent upon a nonpublic water source.
(c)(1) Any person who installs a landscape irrigation system equipped with an electronic
controller in violation of this Code section shall be liable for a civil penalty not exceeding
$100.00 per violation.

Article III. Enforcement

Sec. 110-7. Compatibility with other regulations

This article is not intended to modify or repeal any other chapter, rule, regulation, or other
provision of law. The requirements of this article are in addition to the requirements of any other
chapter, rule, regulation, or other provision of law, and where any provision of this article
imposes restrictions different from those imposed by any other chapter, rule, regulation, or other
provision of law, whichever provision is more restrictive or imposes higher protective standards
for human health or the environment shall control.

Sec. 110-8. Violations.

Any violation of the EPD/Watershed Management Rules in effect from time to time shall
constitute a violation of this Ordinance.

SO ORDAINED, this the ___________ day of _____________________, 2008.

Approved:

________________________________
EVA GALAMBOS, Mayor
Attest:

______________________________
City Clerk
(SEAL)

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Water Conservation Ordinance (R2).docx
Sec. 109-222. Applicability.
(a) Generally. This article shall apply to all land development activity on property containing a
stream protection area as defined in section 109-219. These requirements are in addition to, and
do not replace or supersede, any other applicable buffer requirements established under state law
and approval or exemption from these requirements do not constitute approval or exemption
from buffer requirements established under state law or from other applicable local, state or
federal regulations.
(b) Grandfathered provisions. This article shall not apply to the following activities:
(1) Work consisting of the repair or maintenance of any lawful use of land that is zoned and
approved for such use on or before the effective date of the ordinance from which this article is
derived.
(2) Existing development and ongoing land disturbance activities including but not limited to
existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new
development or land disturbance activities on such properties will be subject to all applicable
buffer requirements.
(3) Any land development activity that is under construction, fully approved for development,
scheduled for permit approval or has been submitted for approval as of the effective date of the
ordinance from which this article is derived.
(4) Land development activity that has not been submitted for approval, but that is part of a
larger master development plan, such as for an office park or other phased development that has
been previously approved within two years of the effective date of the ordinance from which this
article is derived.
(c) Exemptions. The following specific activities are exempt from this article. Exemption of
these activities does not constitute an exemption for any other activity proposed on a property.
(1) Activities for the purpose of building one of the following:
a. A stream crossing by a driveway, transportation route or utility line;
b. Public water supply intake or public wastewater outfall structures;
c. Intrusions necessary to provide access to a property;
d. Public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
e. Unpaved foot trails and paths;
f. Activities to restore and enhance stream bank stability, vegetation, water quality and/or
aquatic habitat, so long as native vegetation and bioengineering techniques are used.
(2) Public sewer line easements paralleling the creek, except that all easements (permanent and
construction) and land disturbance should be at least 25 feet from the top of the bank. This
includes such impervious cover as is necessary for the operation and maintenance of the utility,
including but not limited to manholes, vents and valve structures. This exemption shall not be
construed as allowing the construction of roads, bike paths or other transportation routes in such
easements, regardless of paving material, except for access for the uses specifically cited in
subsection (c)(1) of this section.
(3) Land development activities within a right-of-way existing at the time this article takes
effect or approved under the terms of this article.
(4) Within an easement of any utility existing at the time this article takes effect or approved
under the terms of this article, land disturbance activities and such impervious cover as is
necessary for the operation and maintenance of the utility, including but not limited to manholes,
vents and valve structures.
(5) Emergency work necessary to preserve life or property. However, when emergency work is
performed under this section, the person performing it shall report such work to the city on the
next business day after commencement of the work. Within ten days thereafter, the person shall
apply for a permit and perform such work within such time period as may be determined by the
city to be reasonably necessary to correct any impairment such emergency work may have
caused to the water conveyance capacity, stability or water quality of the protection area.
(6) Forestry and silviculture activities on land that is zoned for forestry, silvicultural or
agricultural uses and are not incidental to other land development activity. If such activity results
in land disturbance in the buffer that would otherwise be prohibited, then no other land
disturbing activity other than normal forest management practices will be allowed on the entire
property for three years after the end of the activities that intruded on the buffer.
(7) After the effective date of the ordinance from which this article is derived, it shall apply to
new subdividing and platting activities.
(8) Projects defined in O.C.G.A. 12-7-17(3), as minor land disturbing activities that are exempt
from the Georgia Erosion and Sedimentation Act: “Such minor land disturbing activities as
home gardens and individual home landscaping, repairs, maintenance work, fences, and other
related activities which result in minor soil erosion”.
The following land-disturbing activities are examples of projects not specifically listed in
O.C.G.A. 12-7-17(3) that would be considered minor land-disturbing activities and therefore are
exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements
for State waters:

1. Elevated structures such as decks, gazebos, patios, walkways, viewing platforms

and/or open picnic shelters, provided:

a. No more than 100 square feet of footprint of the elevated structure extends
into or over the buffer, with an exception for structures compliant with the
Americans with Disability Act (ADA);
b. No grading, cutting, filling or similar land-disturbing activities occurring as a
part of the site preparation, construction or subsequent development;
c. The structure is built on posts, concrete blocks and/or similar supports;
d. Permanent protective vegetative cover remains or protective measures (e.g.,
mulch, gravel) are installed within the footprint of the elevated structure to
prevent post-construction soil erosion;
e. A natural canopy is left in sufficient quantity to keep shade on the stream bed;
and
f. No concrete and/or asphalt slabs, pads or foundations constructed or placed as
a part of the site preparation, construction or subsequent development.
2. A pervious ground level walkway approach to a dock and/or similar structure,
provided:
 a. No more than 100 square feet of the constructed walkway extends into the
buffer, with an exception for structures compliant with the Americans with
Disability Act (ADA);
b. No grading, cutting, filling or similar land-disturbing activities occurring as a
part of the site preparation, construction or subsequent development;
c. No concrete and/or asphalt slabs, pads, supports or foundations constructed or
placed as a part of the site preparation, construction or subsequent
development; and
d. All ground preparation and walkway material placement is completed with the
use of hand-held equipment.

3. Restoration of buffer area after the removal of an existing structure, provided:

a. No more than 100 square feet of the structure footprint is in the buffer, and
b. The buffer area must be replanted with native vegetation.

4. Maintenance or repair of existing structures, the failure of which would result in a

threat to human health or State waters, such as sewer lines, water lines, dams or gas
lines. Total disturbance must be less than 100 square feet.

5. Placement of rock riprap with the buffer not to exceed 100 square feet on any one
property, provided:

a. The placement of the rip-rap does not result in soil disturbance outside the
placement area; and

b. No grading, cutting, filling or similar land-disturbing activities occurring as part of

the site preparation, construction or subsequent development.
(9) Projects defined and approved as a part of the city’s Capital Improvement Projects (CIP)
plan, provided that administrative review and approval is given by the Director – Community
Development Department.
(d) Prohibited. Any land development activity within a buffer established hereunder or any
impervious cover within a setback established hereunder is prohibited unless a variance is
granted pursuant to section 109-225(b).
(Ord. No. 2005-12-12, § 4(ch. 14, art. 6, § 4), 12-13-2005)
 
TO: John McDonough, City Manager

FROM: Thomas Black, Public Works Director

DATE: January 19, 2010, for Submission onto the Agenda of the February 2, 2010, City
Council Work Session

ITEM: Quarterly Updates on the Capital Improvement Program and other Major Public Works
Programs

Public Works Department’s Recommendation:

Public Works staff will present a quarterly update on the CIP-T and other major public works
programs as requested by the City Manager.

Background:

The CIP-T and major public works programs have been approved by the Mayor and City Council.

Discussion:

This presentation is a quarterly update for the Mayor and City Council.

Alternatives:

N/A

Financial Impact:

The CIP-T and other major public works programs are operating within the approved budgets.

Attachment:

Presentation
 2009 Flood
Construction Project Pictures
Glen Errol Road, Riverside Drive and
Peachtree Dunwoody Road
February 2, 2010
Glen Errol Road
ƒ Progress as of 1-13-10

1
Riverside Drive Bridge

3
Riverside Bridge

4
Peachtree Dunwoody Bridge

5
Peachtree Dunwoody Bridge

6
Peachtree Dunwoody Bridge

7
Operations and Maintenance Update
February 2, 2010

Public Works Department

Field and Traffic Services Divisions
December 09 Performance Metrics
ƒ Traffic Services
• Priority 1-Urgent work orders (16) 100% completed within 24
hours
• Priority 2-Important work orders (4) 100% completed within 72
hours
• Priority 3- Standard work orders (211) 98% completed in 10
business days
ƒ Field Services
• Priority 1-Urgent work orders (9)100% completed within 24 hours
• Priority 2-Important work orders (10)90% completed within 72
hours
• Priority 3- Standard work orders (158) 90% completed in 10
business days

1
December Operations
ƒ Emergency Calls – 22
• Includes after hours and emergencies

ƒ Work Orders Completed -635

• Field Services and Traffic Services
- Field Services – 380
- Traffic Services – 255

2
December Routine Maintenance
• Mowing – Miles – 40 centerline miles – Primary routes only

• Street Sweeping –Miles (Cycle started December 7, 2009) – 260

curbline miles

• Traffic Signal Bulbs Changed –work orders- 36

• Traffic Sign Tasks –work orders- 115

3
Bridge Maintenance Program Update
February 2, 2010

Public Works Department

Field Services Division
FY10 Bridge Program Storm Update
ƒ Damaged Bridges
• Peachtree-Dunwoody Road over Nancy Creek
- Intermediate support failed
• Riverside Drive over Marsh Creek
- East abutment washed out
ƒ Debris Removal Needed
• Bids due November 11, 2009
• 28 Locations (bridges and culverts)

1
Upcoming Maintenance Projects
ƒ Kingsport Drive over Long Island Creek
• Pile Encasement
• Rip Rap for scour
ƒ Dunwoody Club Drive
• Repair broken abutment wall
ƒ Windsor Parkway over Nancy Creek
• Repair broken abutment wall
• Rip Rap for scour
ƒ Riverside Drive over Chattahoochee Trib
• Repair guardrail

2
Individual Bridge Status
Structural Bridge Location COSS Maintenance Paint Future Maintenance
ID Inspected Repairs
Date
121-0278-0 Spalding Drive over Crooked Creek 2008 Repair Complete Utility Upgrades
shoulder
washout
121-5176-0 Jett Road over Long Island Creek 2008 Complete Reviewing with GDOT

121-0451-0 Powers Ferry Road over Long Island 2009 Add rip-rap
Creek
121-5035-0 Glenridge Road over Long Island Creek 2007 Complete Approach upgrades

121-0456-0 Long Island Drive over Long Island 2008 Concrete Repairs
Creek
121-0447-0 Peachtree Dunwoody Road over Nancy 2008 Replacing Structure
Creek
121-0458-0 Windsor Parkway over Nancy Creek 2008 Repair Guardrail upgrade
abutment,
place rip-rap
121-5030-0 Spalding Drive over Ball Mill Creek 2007 Complete Guardrail upgrades,
approach upgrades

121-0454-0 Riverside Drive over Marsh Creek 2008 Complete Complete Replacing Structure

3
Individual Bridge Status Continued
Structural Bridge Location Inspected Maintenance Paint Future Maintenance
ID Date Repairs

121-0457-0 Johnson Ferry over 2009 To be addressed in GDOT

Chattahoochee River project

121-0293-0 Dunwoody Club Drive over Ball 2008 Concrete

Creek Repairs

121-5036-0 Lake Forrest Drive over Long 2008 Complete Guardrail upgrades,
Island Creek approach upgrades

121-5217-0 Coles Way over Chattahoochee 2009 Clean and reseal bridge
Tributary joints

121-0453-0 Riverside Drive over Blackwater 2009 Repair Guardrail upgrades

Trail and Old Riverside Drive Guardrail

121-5187-0 Kingsport Drive over Long 2009 Construct Pile

Island Creek encasement

4
Individual Bridge Status Continued
Structural Bridge Location Inspected Maintenance Paint Future Maintenance
ID Date Repairs

121-5034-0 Brandon Mill road over Marsh 2008 Complete Complete Approach upgrades
Creek

121-5093-0 Tanacrest Drive over 2009 Remove debris from

Chattahoochee Tributary channel and add rip-rap

121-0592-0 Peachtree Dunwoody road over 2009 Trim vegetation and add
Nancy Creek Tributary rip-rap

121-0443-0 Northside Drive over Long 2009 Guardrail upgrades, add

Island Creek rip-rap

121-0593-0 Hammond Drive over Nancy 2009 Remove debris from

Creek Tributary channel

121-5289-0 Glenlake Parkway over Marsh 2009 Remove debris from

Creek channel

5
2011 Projections
ƒ Continue Maintenance Program at $250k
• Monitor substructure condition
• Place rip-rap where needed
• Concrete repairs
• Monitor deck conditions and repair joints as recommended

6
Pavement Management Program Update
February 2, 2010

Public Works Department

Field Services Division
FY10 Resurfacing/Reconstruction Program
ƒ FY10 Budget - $5,825,000
ƒ Use 2009 IMS Data in addition to the 2005 Data
ƒ Base Bid for FY 2010 Capital Paving Resurfacing Contract
- $2.3M
ƒ Base Bid for FY 2010 Capital Paving Reconstruction
Contract - $1.3M
ƒ 2009 LARP Streets Approved by GDOT ($98,000 Est.
Value of the GDOT contribution)
ƒ 2010 LARP Expected in this Spring

1
Approved 2009 LARP Streets
Road Beginning Point Ending Point
Mabry Road Spalding Drive Glenridge Drive
Hightower Trail Roswell Road Dunwoody Place
Kenbrook Drive London Drive NW End
Wing Street Hightower Trail North End
Auden Trail Spalding Drive NW End
Rivertrail Court Brandon Hall Drive NE End
Towergate Place Hightower Trail End
Scott Valley Road Colebridge Road Burdett Drive
West Northway Lane High Point Road East End

2
Upcoming Projects
ƒ 2009 LARP
ƒ Ison Road - Ison Springs School Project
ƒ Long Island Way - Sewer installation
ƒ Spalding Stables - Subdivision streets
ƒ 2010 Add Option Streets
• Powers Ferry Road- from Northside Drive to City Limits
• Windsor Parkway- from Peachtree-Dunwoody Road to City
Limits
• Hammond Drive- from Mt. Vernon Parkway to Sandy Springs
Circle

3
Pave On Program Costs to Date Through FY09
Budget Year 2007-08
Project Total Contract Miles Cost/Mile
Capital Paving Phase I $ 3,637,190.87 18 $ 202,066.16
Phase II $ 965,387.46 7 $ 137,912.49
LARP 05-06 (GDOT-$411k) $ 1,168,381.00 7 $ 166,911.57
LARP 07 (GDOT-$305k) $ 924,005.45 4 $ 231,001.36
Total Budget Year 2007-08 $ 6,694,964.78 36 $ 185,971.24
Budget Year 2008-09
Project Cost Miles Cost/Mile
Capital Paving Phase I $ 4,285,293.70 15 $ 285,686.25
Phase II $ 2,246,274.10 9 $ 249,586.01
LARP 2008 (GDOT - $229k) $ 843,299.00 4 $ 210,824.75
Total Budget Year 2008-09 $ 7,374,866.80 28 $ 263,388.10

Total Program Thru FY09 $ 14,069,831.58 64 $ 219,841.12

GDOT Contributions - FY05-$194k, FY06-$217k, FY07-$305k, FY08-$228k
GDOT Total Contributions to date = $944k
4
Stormwater Permitting Program
Quarterly Update
February 2, 2010

Public Works Department

Stormwater Division
Stormwater Budget FY 2010
Budget Contract
ƒ Floodplain Mapping $ 151,777 $123,390
ƒ Watershed Improvement Planning $ 174,000 $174,000
ƒ Inventory and Assessment $ 500,000 $500,000
ƒ Water Quality Monitoring $ 11,000 $ 3,570
ƒ FEMA HMGP Application $ 56,000

ƒ Total Contracts $ 872,594 $896,177

ƒ Over Budget $ 23,583

1
Key Updates
ƒ FEMA list of projects submitted 11/20/09
• Meetings with FEMA on going
ƒ NRCS list of projects submitted 11/20/09
• Field meetings between 12/10/09 and 1/15/10
ƒ Hazard Mitigation Grant Program
• Presentation to City Council on 11/17/09
• Follow up with City Council on 12/15/09
ƒ Inventory in On-point
ƒ Annual Report due 1/31

2
Stormwater Permit Activities Status and Schedule
ƒ 2008 MS4 Annual Report
• Accepted 5/1/09
• Outfall response accepted
• Stormwater Advisory Team accepted
ƒ World Water Monitoring Day – 9/18/09
• Big Trees Preserve
• First Montessori of Atlanta
ƒ Brochure printed - Distributed 3,000
ƒ Pond Inspection – 29 completed
ƒ Outfall sampling – 41 completed
ƒ Marker Program - 306 markers
ƒ Stream Sampling
• Fulton County MOU Signed 7/1/09
• Steam monitoring contract with CCR
• Stream monitoring performed 11/4/09

3
Stormwater Permit Activities Status and Schedule
ƒ Floodplain Services Contract
• Purpose – map future 100-yr
floodplain for drainage areas greater
than 100 acres
• Kickoff meeting 1/14/09
• Basin and stream network map 3/5/09
• Phase 2 – Map existing 100-yr
- Contract signed 9/25/09
• Nancy Creek – Draft 12/11/09
• Long Island – Draft 12/11/09
• Marsh Creek – Draft 12/23/09
• Crooked Creek – Draft 1/29/10
- Final 2/25/09
• FEMA Mapping
- Scope meeting 6/4/09
- Request made 6/25/09
4
Stormwater Permit Activities Status and Schedule
ƒ Watershed Improvement Nancy
Planning Contract Creek

• Purpose – Develop plans to

improve the health of the streams
in Nancy Creek and Long Island
Creek
• Kickoff meeting 1/14/09
• Stream walks completed 2/20/09
• Developed CIP prioritization
matrix
• Developed WIP model
• Draft report submitted 11/6/09 Long
Island
• Working on Fecal TMDL plan Creek

5
Stormwater Permit Activities Status and Schedule

ƒ Inventory Services Contract

• Purpose – Develop a map and
visual condition assessment
of storm sewer system in the
city
• Notice to Proceed 12/17/08
• Pilot Study started 12/29/08
• Working in Marsh and
Crooked Creek watersheds
• Phase 2 approved in August
18, 2009 City Council Meeting

6
City of Sandy Springs Stormwater Inventory Activity

Status Landlots
Total 130
In process 130 (100%)
Completed 64 (49%)

Status Structures
Total estimated 32,290
In process 32,290 (100%)
Completed 15,834 (51%)
7
Stormwater Inventory

8
Stormwater Maintenance Program Update

February 2, 2010

Public Works Department

Stormwater Division
Stormwater Maintenance Program
ƒ Project Scope Development Phase
• Internal Scope Development
• External Design
ƒ Contract Development Phase
• Annual Stand-by Contractors (New selections -February 2010)
• Public bid for large projects
ƒ Construction Phase

1
Budget Update
ƒ FY10 Budget - $ 500,000 (plus carryover)
• $1,400,000 completed (FY 09 and FY10)
• $ 250,000 currently in construction
• $ 650,000 (plus FEMA) available for new projects
• $ 2,700,000 currently in design, contracting or R/W
ƒ FEMA
• 45 Stormwater Projects Approved ($677,000 total)
• $520,000 FEMA payment to City
• $145,000 complete (11 projects)
• 18 Months to complete remainder (March, 2011)

2
Stormwater System Repair/Capital
Improvement Project Status

3
Stormwater Maintenance Program Costs

4
High Priority Projects

5
 Traffic Management and
Fiber Optic FY 10 Program Update
February 2, 2010

Public Works Department

Traffic Services Division
FY10 Goals – Moving Traffic
ƒ Funding
• On a project by project basis
- No funding set aside in FY10 budget allocations
• Control \ Coordinate Traffic Signals-Major Requirements Needed:
- Purchase order for 300 splices
• Emergency fiber splicing contract
- Prevent downtime of system coordination
ƒ Provide improved traffic flow through efficiency of existing
systems versus adding capacity
• Reduce travel times
- Saved $1.4 million in reduced delays on Roswell Rd
• Traffic adaptive in certain areas

1
Timing is Everything
ƒ Retime 80% of our traffic signals
• Move toward traffic responsive or adaptive
- Roswell Rd (Abernathy to city limits)
- PTD, GDOT starting data collection
- Hammond, GDOT to start data collection after construction
- Johnson Ferry, COSS to complete after bridge opening on PTD
- Glenridge Connector, COSS to complete after bridge opening on
PTD
- Riverside, GDOT starting data collection
- Northside Dr, GDOT starting data collection
- New Northside Dr, GDOT starting data collection

2
FY10 Key Activities and Updates
ƒ Facility Modifications
• B&J Paving (splicing and installing on Abernathy) complete
ƒ Webpage (Traffic Camera’s) 67,400 Hits, had 65,332 in December
ƒ Existing fiber along major routes including the PCID
• PO for 300 splices issued
- Dunwoody Place spicing complete, installing cameras next week
- Abernathy splicing complete
• Working with the PCID to get their fiber as built plans. Once we
have them we will be able to tie into the Sandy Springs side by
splicing the two sets of fibers at Barfield.
- 30 additional intersections and 15 additional cameras
ƒ TMC Maintenance Contract – Underway

3
2011 Needs
ƒ Additional fiber
• Northside Dr,
• Johnson Ferry Rd,
• Abernathy Rd,
• Riverside Dr,
• New Northside Dr

ƒ Make ready work (utilities)

• Working with GDOT to bypass make ready work
2011 Needs continued
ƒ Maintenance contract
• Need to continue maintenance contract with Protronix, INC and
with Genesis Group.
- Updates equipment in TMC as needed
- Updates Fiber Master Plan

ƒ PCID
• Propose to PCID and the City of Dunwoody to bring in their
signals and cameras to our TMC
- Assist in paying for maintenance
- Another person in TMC?
- Additional equipment needed
Intersection Improvement
FY10 Program Update
February 2, 2010

Public Works Department

Traffic Services Division
FY10 Intersection Improvement Program
ƒ Improve safety and efficiency for motorists and
pedestrians
ƒ Provide short term solutions to bottlenecks and improve
traffic flow
ƒ FY10 Budget - $500,000
- $26K funded for mast arms on Roswell Rd and Pitts/Ison
- $20K funded for continuing fiber splices on along major routes
- $454K to be used for construction projects
ƒ Contract
• Control Specialist awarded contract. Bonds received 1-12-10
• NTP by 1-12-10

1
FY10 Intersection Improvements
ƒ T-7116 Dunwoody Place at Roberts Drive
• Mast arm installation
• Overhead illuminates street sign installation
• Upgrade pedestrian facilities
ƒ T-7128 Roswell Road at Dalrymple Road
• Extend the EB left turn lane
• Sidewalk construction
• Revise school zone signs and beacons

2
FY10 Intersection Improvements (continued)
ƒ T-7129 Roswell Road at Ison Road-Pitts Road
• Upgrade to mast arms Mast arms arrived last week of October
• Upgrade detection
• Realign Pitts road with Ison Road
- Awaiting permit back from GDOT
ƒ T-7163 Northridge Road at Roberts Dr
• Install ADA ramps
• Upgrade pedestrian facilities
• Upgrade detection

3
2011 Budget Needs
ƒ Projects that may require ROW $unknown
ƒ Designs for additional projects $35K
ƒ Surveys for additional projects $20K
ƒ Overhead street name signs $30 - 60K
ƒ Construction $500K plus
ƒ Anticipate starting 2011 budget construction in August
Sidewalk Program Update

February 2, 2010

Public Works Department

CM/PM Division
Sidewalk Program Projects

1
FY08/09 Program Actions – Active Projects
SITE COST STATUS

ƒ Lake Forest Elementary Design $160,000 Complete/Final R/W

ƒ Ridgeview Middle Design $148,000 Complete/R/W, 3500’
ƒ Spalding Elementary Design $113,780 Bid March/R/W 3000’

ƒ Lake Forest Elementary $750,000* Bids Received/2600’

Lighting agreement
ƒ Ridgeview Middle, Phase 1 $281,436* Awaiting Approval to
(+$380,000) Bid ,3750’

2
FY10 Sidewalk Program - Groupings
CDBG Sidewalks Design: $408,195
ƒ Concept Plan in for Review
ƒ Working pre-buy of street lights (est. $160K)
FY 10-1: Work Complete 11/12/09, Tople, $31,500
ƒ T-6010-12: Roberts – Spalding to Dunwoody Line
FY 10-2: Design award recommendation, 1/14, $181K
ƒ T-6010-1: North Springs High School
ƒ T-6010-2: Ison Elementary
ƒ T-6010-3: Mt Vernon Highway at the Library
ƒ T-6010-4: Abernathy at the Tennis Center
ƒ T-6010-5: Hammond Dr – Mt Vernon Hwy to Lake Forrest

3
T-6010-12:Roberts – Spalding to Dunwoody Line
Before and after picture

4
FY10 Sidewalk Program - Groupings
FY 10-3: Award recommendation 1/22, $175K
ƒ T-6010-6: Glenridge – Hammond to Johnson Ferry
ƒ T-6010-9:Glenridge – Mt Vernon Hwy to Abernathy
ƒ T-6010-14:Spalding – Mt Vernon Hwy to Nesbitt Ferry
FY 10-4: Consultant interviews 1/28, $175K est.
ƒ T-6010-7: Glenridge – Roswell Road to Northland Drive
ƒ T-6010-10: Mount Paran – Long Island to Powers Ferry
ƒ T-6010-11: Long Island – Roswell Rd to Mount Paran
ƒ T-6010-13: Glenridge – Royervista to Highpoint Plus

5
CDBG Sidewalk Design

6
FY10 Sidewalk Program - Groupings
Morgan Falls ADA Sidewalks, Bids in 11/10/09 –
Construction underway -- $32,200
FY 10-5: Sole Source Contract – Later this FY or next FY
ƒ T-6010-8: River Valley – Amberidge to Abernathy
Highpoint Road ADA Sidewalks, Intersection and Driveway
Design RFP to Purchasing end of week -- $35K design,
$160K construction—consider in FY11

7
Morgan Falls ADA Sidewalk Project

8
FY11 Sidewalk Program
ƒ Continue emphasis on arterial/collector gap fill
ƒ Evaluate unfunded scored projects from FY10
ƒ Score new candidate sites as identified
ƒ Add program elements for ADA compliance
• Upgrades to identified segments
• Ramp replacement projects
ƒ Revisit neighborhood sidewalk policy
• ROW Donation Criteria

9
FY11 Program Projection
SITE COST ACTION SCORE
FY10 Unfunded
ƒ Mount Paran – Roswell Road $80,000* Design, 600’ 19
to Long Island $250,000* Construct, 600’
ƒ Powers Ferry – Whitmire $80,000* Design, 2600’ 18
to Mount Paran $280,000* Construct, 2600’
ƒ Mt. Vernon Road – Orchard $65,000* Design, 2000’ 15
to Spalding $250,000* Construct, 2000’
ƒ Riverside– Old Riverside to $120,000* Design, 3000’ 14
River Valley Road $600,000* Construct, 3000’
ƒ River Valley Road to $100,000* Construct, 300’ 14
Abernathy
Subtotal $1,825,000
* Estimated Cost

10
FY11 Program Projection
FY11 Candidates to be Evaluated
ƒ Johnson Ferry east of Peachtree-Dunwoody
ƒ Abernathy – GA 400
to Peachtree-Dunwoody
ƒ Mt. Vernon Hwy – Vernon Blvd
to City Limit

11
FY10 Sidewalk Program Project Backup
Site Design Const Scope
ƒ Ridgeview Middle, Phase 2 $380,000 3750’
ƒ Spalding Elementary $500,000 3000’
ƒ North Springs High School $30,000 $130,000 400’
ƒ Ison Elementary $90,000 $360,000 2500’
ƒ Mt. Vernon Hwy at Library $10,000 $40,000 400’
ƒ Abernathy at Tennis Center $10,000 $30,000 350’
ƒ Hammond Dr – Mt Vernon $45,000 $200,000 1600’
Hwy to Lake Forrest
ƒ Glenridge – Hammond to $30,000 $90,000 1300’
Johnson Ferry
ƒ Glenridge – Roswell Road $40,000 $150,000 1600’
to Northland Drive
All Costs Estimated

12
FY10 Sidewalk Program Project Backup
Site Design Const Scope
ƒ River Valley – Gap $15,000 FY11 350’
ƒ Glenridge – Mt Vernon Hwy $120,000 $500,000 2800’
to Abernathy
ƒ Mount Paran – Long Island $60,000 $220,000 1600’
to Powers Ferry
ƒ Long Island – Roswell Rd $40,000 $150,000 1000’
to Mount Paran
ƒ Roberts – Spalding to City Limit $50,000 700’
ƒ Glenridge – Royervista $35,000 $120,000 600’
to Highpoint plus
ƒ Spalding – Mt. Vernon Hwy $80,000 $300,000 4000’
to Nesbitt Ferry
Estimated Program $3,825,000
All Costs Estimated
13
To: Honorable Mayor and City Council Members

From: Wendell K. Willard

Date: For Submission onto the February 2, 2010 City Council Work Session

Agenda Item: Assignment of Morgan Falls Office Park lease (“Assignment”) to the
Sandy Springs Public Facilities Authority (“Authority”) and sublease to
the City of Sandy Springs (“City”)

City Attorney’s Recommendation:

The City Attorney’s Office recommends that the City Council consider the attached
documents and, if acceptable, approve the sublease to the City.

Background and Discussion:

A lease agreement for office space in the Morgan Falls Office Park (“Offices”) was
entered into between TSO Morgan Falls, LLC and CH2MHILL, Inc. on November 30,
2005, as amended March 24, 2006, December 14, 2006 and May 15, 2007 (the original
lease agreement and subsequent amendments is referred to together as the “Lease”).
The Lease anticipated that the City would eventually accept an assignment of the Lease
and that the City would assume the obligations of CH2MHILL under the Lease.

On December 18, 2007, the City Council considered and approved assignment of the
Lease to the City. The assignment was to be accomplished pursuant to the terms of a
lease assignment (the “Assignment of Lease”) from CH2MHILL to the City. The
approved Assignment of Lease anticipated that the City of Sandy Springs would accept
a direct assignment of the Lease and that it would assume the obligations of CH2MHILL
under the Lease, which has a term of over twelve (12) months.

Since the City cannot enter into a contractual arrangement to commit funds for a period
of longer than twelve (12) months except with another governmental agency, the City
Attorney proposed that the Authority accept an assignment of the Lease and enter into
a sublease agreement with the City. Therefore, pursuant to the terms of the attached
documents, the Authority will accept assignment of the Lease and will enter into a
sublease agreement (the “Sublease Agreement”) with the City. The City will sublease
the Offices from the Authority and will accept and perform all of the Authority’s
obligations under the Lease.
On March 8, 2008, City Council approved the form of sublease agreement that was
presented to it at that time. Revisions have been made, which are tracked in the
Sublease Agreement attached hereto. The City will also be responsible for the payment
of an assignment fee in the amount of $2,000.00, pursuant to applicable provisions of
the Lease.

Other documents that will be a part of the transaction are attached to this memo for your
information.

Attachments:

Sublease Agreement between the Authority and the City

Sublease Agreement between the Authority and the City (with revisions noted)
Assignment of Lease
Landlord’s Consent to Assignment

2
 SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (the “Sublease”) is made and entered into as of this

______ day of ____________, 2009, by and between the City of Sandy Springs Public Facilities

Authority, a political subdivision of the State of Georgia (“Sublessor”) and the City of Sandy

Springs, a Georgia municipal corporation (“Sublessee ”);

WITNESSETH:

WHEREAS, under the instructions and direction of Sublessee, CH2MHILL, Inc., a Florida

corporation (“CH2MHILL”), entered into a Lease Agreement with TSO Morgan Falls, LLC, a

Georgia limited liability company (the “TSO”) dated November 30, 2005, as amended by a First

Amendment to Lease Agreement dated March 24, 2006, a Second Amendment to Lease

Agreement dated December 14, 2006 and a Third Amendment to Lease Agreement dated may 15,

2007 (together, the “Agreement”), a copy of which is attached hereto as Exhibit A and by reference

made a part hereof. Pursuant to the Agreement, CH2MHILL leased from TSO certain offices

located at Morgan Falls Office Park, 7840 Roswell Road, Sandy Springs, Georgia 30350 (the

“Offices”); and

WHEREAS, Sublessee entered into an agreement with CH2MHILL for the provision of

professional services dated January 1, 2006 pursuant to which CH2MHILL agreed to initially lease

the Offices from TSO with Sublessee eventually accepting an assignment of the Agreement, and

Sublessee assuming the obligations under the Agreement; and

WHEREAS, Morgan Falls Realty, LP (the “Landlord”) acquired all right title and interest

of TSO in and to the Agreement and the Offices effective on or about November 20, 2007; and

WHEREAS, CH2MHILL assigned the Agreement to Sublessor, an “affiliate” of Sublessee

under the terms of the Agreement, pursuant to an Assignment of Lease dated March 31, 2008 (the
“Assignment”), a copy of which is attached hereto as Exhibit B and by reference made a part

hereof, and Landlord’s consent to the Assignment is required pursuant to the Agreement; and

WHEREAS, the Assignment provided that the Offices would be subleased by Sublessor to

Sublessee and that Sublessee would unconditionally and absolutely agree to accept and perform all

of Sublessor’s obligations under the Agreement;

NOW THEREFORE, for and in consideration of the mutual covenants and agreements

hereinafter contained, the parties hereto agree as follows:

ARTICLE 1. SUBLEASE

1.1 Sublessee’s Obligations. Sublessee unconditionally and absolutely agrees to accept

and perform all of Sublessor’s obligations under the Agreement to the fullest extent permitted

under Georgia law. Sublessee is authorized to deal with Landlord directly in all matters related to

the Agreement. Sublessee shall not do or permit to be done anything that would constitute a

breach or default of Sublessor’s obligations in the Agreement.

1.2 Sublessor’s Obligations. Sublessor agrees to comply with all of Sublessor’s

obligations in the Agreement. Sublessor agrees not to do anything to disturb Sublessee’s use of the

Offices pursuant to this Sublease, provided Sublessee is not in breach or default of any obligation

in this Sublease. Sublessor agrees that Landlord’s acceptance of payments from Sublessee and

direct communication with Sublessee shall not be deemed a release or waiver of Sublessor’s duties

under the Agreement, and Sublessor shall ratify and affirm any agreements as between Sublessee

and Landlord with regard to the Offices, specifically including but not limited to any agreements as

to repairs made by Landlord.

 ARTICLE 2. TERM

The term of this Sublease shall be deemed to have commenced on March 31, 2008 and

shall expire as provided in the Agreement, unless earlier terminated according to the terms of the

Agreement or this Sublease. Notwithstanding the foregoing, the parties acknowledge that pursuant

to O.C.G.A. § 36-60-13 Sublessee is authorized to enter into multi-year leases provided that the

lease term shall expire at the close of each calendar year, with annual automatic renewal.

Accordingly, the term of the Sublease shall be automatically renewed each January 1st during the

term of the Agreement, unless Sublessee shall give written notice to Landlord and Sublessor that it

will not renew the Sublease not less than ninety (90) days prior to the end of the calendar year.

Subject to the automatic renewals set forth herein the term of the Sublease shall be co-terminous

with the expiration/termination of the term of the Agreement.

ARTICLE 3. RENT

Sublessee shall pay all monetary obligations of Sublessor under the Agreement, and shall

make such payments directly to Landlord upon the terms and conditions set forth in the

Agreement. Notwithstanding the Sublease, Sublessor shall remain liable for the payment of all

amounts due under the Agreement and performance of all of its duties under the Agreement

throughout the term of the Agreement.

ARTICLE 4. MISCELLANEOUS

Sublessee represents that it has read the Agreement and that the terms of the Sublease are

subject and subordinate to the terms and provisions of the Agreement. As a material inducement to

the approval by Landlord of the Assignment and the Sublease, Sublessor represents that in the

event of a default by Sublessee under the Agreement or the Sublease, Sublessor shall exercise all

available remedies under the Agreement, the Sublease and Georgia law, as requested and approved
by Landlord, to ensure payment and performance by Sublessee. This Sublease shall be approved

by Landlord strictly subject to the terms hereinafter set forth in Landlord’s Consent to Sublease.

IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be duly

executed as of the date first above written.

SUBLESSOR: City of Sandy Springs Public Facilities Authority

By: _____________________________
Its: _____________________________
Attest:

By: _________________________
Print Name: ___________________
Title: ________________________

SUBLESSEE: City of Sandy Springs

By: _____________________________
Its: _____________________________
Attest:

By: _________________________
Print Name: ___________________
Title: ________________________

Consent by Landlord: The undersigned as Landlord under the Agreement hereby consents to the
foregoing Sublease and the Assignment referenced therein on the express conditions that :1)
Sublessor shall be and continue to remain liable for the payment of all amounts due under the
Agreement and the performance of each and every term, covenant and condition of the Agreement
on the part of Tenant thereunder to be observed and performed; 2) nothing contained in the
Sublease shall be taken or construed to in any way modify, alter or affect any terms or conditions
of the Agreement; 3) there shall be no further sublease or assignment of the Agreement without the
express consent of Landlord; 4) in consideration for Landlord’s consent to the Sublease, in the
event of a default by Sublessee, Sublessor shall exercise all rights and remedies available under the
Agreement, the Sublease and Georgia law, as requested and approved by Landlord, to ensure
payment and performance by Sublessee of its obligations; 5) all outstanding balances under the
Agreement shall be rendered current, as described on Exhibit C to the Sublease; and 6)
CH2MHILL shall acknowledge Landlord’s consent to Assignment, affirming its continued liability
under the Lease and its obligation to render current all outstanding balances under the Agreement
as described on Exhibit C to the Sublease.

Consented to, Acknowledged, and Approved:

Landlord:
Morgan Falls Realty, LP
A Georgia limited partnership

By: Morgan Falls Realty General Partner, LLC

Its: General Partner

By: __________________
A. Boyd Simpson
Its: Manager

Attest:

By: _________________________
Print Name: ___________________
Title: ________________________

Acknowledged and Affirmed by:

CH2MHILL, INC.

By: _______________________
Its: _______________________

T62.8sublease.doc
 EXHIBIT A

AGREEMENT
(Lease Agreement, First Amendment to Lease Agreement, Second Amendment to Lease
Agreement, Third Amendment to Lease Agreement)
 EXHIBIT B

ASSIGNMENT OF LEASE
(Dated March 31, 2008)
 EXHIBIT C

ASSIGNMENT FEE AND OUTSTANDING OBLIGATIONS

Obligation Amount Responsible Party

Assignment Fee $ 2,000.00 City of Sandy Springs, Georgia

Late Fees and Penalties $12,389.72 CH2MHILL

 SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (the “Sublease”) is made and entered into as of this Deleted: ¶
¶

______ day of ____________, 2009, by and between the City of Sandy Springs Public Facilities Deleted: _______________________,
________,

Authority, a political subdivision of the State of Georgia (“Sublessor”) and the City of Sandy

Springs, a Georgia municipal corporation (“Sublessee ”); Deleted: (“Tenant

WITNESSETH:

WHEREAS, under the instructions and direction of Sublessee, CH2MHILL, Inc., a Florida Deleted: ¶
W I T N E S S E T H:¶
¶
corporation (“CH2MHILL”), entered into a Lease Agreement with TSO Morgan Falls, LLC, a Deleted: Tenant,

Georgia limited liability company (the “TSO”) dated November 30, 2005, as amended by a First

Amendment to Lease Agreement dated March 24, 2006, a Second Amendment to Lease

Agreement dated December 14, 2006 and a Third Amendment to Lease Agreement dated may 15, Deleted: May

2007 (together, the “Agreement”), a copy of which is attached hereto as Exhibit A and by reference

made a part hereof. Pursuant to the Agreement, CH2MHILL leased from TSO certain offices

located at Morgan Falls Office Park, 7840 Roswell Road, Sandy Springs, Georgia 30350 (the Deleted: Atlanta

“Offices”); and Deleted: AOffices@);

WHEREAS, Sublessee entered into an agreement with CH2MHILL for the provision of Deleted: ¶
Deleted: Tenant
professional services dated January 1, 2006 pursuant to which CH2MHILL agreed to initially lease Deleted: CH2MHill

the Offices from TSO with Sublessee eventually accepting an assignment of the Agreement, and Deleted: Tenant

Sublessee assuming the obligations under the Agreement; and Deleted: Tenant

WHEREAS, Morgan Falls Realty, LP (the “Landlord”) acquired all right title and interest

of TSO in and to the Agreement and the Offices effective on or about November 20, 2007; and
Deleted: ¶
WHEREAS, CH2MHILL assigned the Agreement to Sublessor, an “affiliate” of Sublessee
Deleted: Tenant

under the terms of the Agreement, pursuant to an Assignment of Lease dated March 31, 2008 (the Deleted: _________________,
Deleted: 4
Formatted: Left
“Assignment”), a copy of which is attached hereto as Exhibit B and by reference made a part

hereof, and Landlord’s consent to the Assignment is required pursuant to the Agreement; and Deleted: which
Deleted: was executed and approved by TSO;
WHEREAS, the Assignment provided that the Offices would be subleased by Sublessor to Deleted: ¶

Sublessee and that Sublessee would unconditionally and absolutely agree to accept and perform all Deleted: Tenant
Deleted: Tenant
of Sublessor’s obligations under the Agreement;

NOW THEREFORE, for and in consideration of the mutual covenants and agreements Deleted: ¶
Deleted: ,
hereinafter contained, the parties hereto agree as follows:

ARTICLE 1. SUBLEASE Deleted: ¶

Deleted:
1.1 Sublessee’s Obligations. Sublessee unconditionally and absolutely agrees to accept Deleted: ¶
Deleted: Tenant’s
and perform all of Sublessor’s obligations under the Agreement to the fullest extent permitted Deleted: Tenant

under Georgia law. Sublessee is authorized to deal with Landlord directly in all matters related to Deleted: . Tenant
Deleted: TSO
the Agreement. Sublessee shall not do or permit to be done anything that would constitute a Deleted: Tenant

breach or default of Sublessor’s obligations in the Agreement. Deleted:

1.2 Sublessor’s Obligations. Sublessor agrees to comply with all of Sublessor’s Deleted: ¶
Deleted: .2
obligations in the Agreement. Sublessor agrees not to do anything to disturb Sublessee’s use of the Deleted: Tenant’s

Offices pursuant to this Sublease, provided Sublessee is not in breach or default of any obligation Deleted: Tenant

in this Sublease. Sublessor agrees that Landlord’s acceptance of payments from Sublessee and

direct communication with Sublessee shall not be deemed a release or waiver of Sublessor’s duties

under the Agreement, and Sublessor shall ratify and affirm any agreements as between Sublessee

and Landlord with regard to the Offices, specifically including but not limited to any agreements as

to repairs made by Landlord.

Deleted: 4
Formatted: Left
 ARTICLE 2. TERM Deleted: ¶
Deleted:
The term of this Sublease shall be deemed to have commenced on March 31, 2008 and Deleted: ¶
Deleted: commence
shall expire as provided in the Agreement, unless earlier terminated according to the terms of the Deleted: ______________________

Agreement or this Sublease. Notwithstanding the foregoing, the parties acknowledge that pursuant

to O.C.G.A. § 36-60-13 Sublessee is authorized to enter into multi-year leases provided that the

lease term shall expire at the close of each calendar year, with annual automatic renewal.

Accordingly, the term of the Sublease shall be automatically renewed each January 1st during the

term of the Agreement, unless Sublessee shall give written notice to Landlord and Sublessor that it

will not renew the Sublease not less than ninety (90) days prior to the end of the calendar year.

Subject to the automatic renewals set forth herein the term of the Sublease shall be co-terminous

with the expiration/termination of the term of the Agreement. Deleted: .¶

ARTICLE 3. RENT Deleted:

Sublessee shall pay all monetary obligations of Sublessor under the Agreement, and shall Deleted: ¶
Tenant

make such payments directly to Landlord upon the terms and conditions set forth in the Deleted: rental
Deleted: rental

Agreement. Notwithstanding the Sublease, Sublessor shall remain liable for the payment of all Deleted: TSO

amounts due under the Agreement and performance of all of its duties under the Agreement

throughout the term of the Agreement.

ARTICLE 4. MISCELLANEOUS

Sublessee represents that it has read the Agreement and that the terms of the Sublease are

subject and subordinate to the terms and provisions of the Agreement. As a material inducement to

the approval by Landlord of the Assignment and the Sublease, Sublessor represents that in the

event of a default by Sublessee under the Agreement or the Sublease, Sublessor shall exercise all

available remedies under the Agreement, the Sublease and Georgia law, as requested and approved
Deleted: 4
Formatted: Left
by Landlord, to ensure payment and performance by Sublessee. This Sublease shall be approved

by Landlord strictly subject to the terms hereinafter set forth in Landlord’s Consent to Sublease.

IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be duly Deleted: ¶

executed as of the date first above written.

SUBLESSOR: City of Sandy Springs Public Facilities Authority Deleted: ¶

Deleted: ¶
¶
By: _____________________________
Its: _____________________________ Deleted: ¶

Attest: Deleted: __
Deleted: Title: _______________________
________
By: _________________________
Print Name: ___________________ Deleted: ____

Title: ________________________ Deleted: ____

Deleted: _____

SUBLESSEE: City of Sandy Springs Deleted: TENANT:¶

¶

By: _____________________________ Deleted: ¶

Its: _____________________________ Deleted: __
Attest: Deleted: Title: _______________________
________

By: _________________________ Deleted: ____

Print Name: ___________________ Deleted: ____
Title: ________________________ Deleted: _____

Consent by Landlord: The undersigned as Landlord under the Agreement hereby consents to the
foregoing Sublease and the Assignment referenced therein on the express conditions that :1)
Sublessor shall be and continue to remain liable for the payment of all amounts due under the
Agreement and the performance of each and every term, covenant and condition of the Agreement
on the part of Tenant thereunder to be observed and performed; 2) nothing contained in the
Sublease shall be taken or construed to in any way modify, alter or affect any terms or conditions Deleted: 4
Formatted: Left
of the Agreement; 3) there shall be no further sublease or assignment of the Agreement without the
express consent of Landlord; 4) in consideration for Landlord’s consent to the Sublease, in the
event of a default by Sublessee, Sublessor shall exercise all rights and remedies available under the
Agreement, the Sublease and Georgia law, as requested and approved by Landlord, to ensure
payment and performance by Sublessee of its obligations; 5) all outstanding balances under the
Agreement shall be rendered current, as described on Exhibit C to the Sublease; and 6)
CH2MHILL shall acknowledge Landlord’s consent to Assignment, affirming its continued liability
under the Lease and its obligation to render current all outstanding balances under the Agreement
as described on Exhibit C to the Sublease.

Consented to, Acknowledged, and Approved:

Landlord:
Morgan Falls Realty, LP Deleted: TSO:¶
¶
A Georgia limited partnership TSO

By: Morgan Falls Realty General Partner, LLC Deleted: ,

Its: General Partner Deleted: By the Simpson Organization, Inc.,
Manager

By: __________________ Deleted: ¶

A Georgia corporation¶
A. Boyd Simpson ¶
Its: Manager Deleted: _____________

Attest:

By: _________________________
Print Name: ___________________ Deleted:
Title: ________________________ Deleted: ______
Deleted: _______

Acknowledged and Affirmed by:

CH2MHILL, INC.

By: _______________________ Deleted: ______

Its: _______________________

T62.8sublease.doc
Deleted: 4
Formatted: Left
 EXHIBIT A Deleted: Print
Name: _______________________¶
Title: _____________________________¶
AGREEMENT Page Break
¶
(Lease Agreement, First Amendment to Lease Agreement, Second Amendment to Lease Exhibit
Agreement, Third Amendment to Lease Agreement)

Deleted: 4
Formatted: Left
 EXHIBIT B Deleted: (Lease Agreement)¶
¶
Page Break
ASSIGNMENT OF LEASE Exhibit
(Dated March 31, 2008)

Deleted: 4
Formatted: Left
 EXHIBIT C

ASSIGNMENT FEE AND OUTSTANDING OBLIGATIONS

Obligation Amount Responsible Party

Assignment Fee $ 2,000.00 City of Sandy Springs, Georgia Deleted: (

Deleted: Lease)
Late Fees and Penalties $12,389.72 CH2MHILL

Deleted: 4
Formatted: Left
 Landlord’s Consent to Assignment

CH2MHILL, Inc., a Florida corporation, as Tenant (hereinafter “Tenant”) under that certain
Lease, originally dated November 30, 2005, as amended (the Lease with any amendments is
hereinafter “Agreement”), for premises containing certain offices located at Morgan Falls Office
Park, 7840 Roswell Road, Sandy Springs, Georgia 30350, has requested the consent of the
Landlord, Morgan Falls Realty, LP, to the assignment of the Agreement (hereinafter
“Assignment”) from Tenant to the City of Sandy Springs Public Facilities Authority, a political
subdivision of the State of Georgia. Landlord hereby grants its consent to the Assignment, which
shall be deemed effective March 31, 2008, strictly provided that: a) the Assignment shall not
serve as a release of Tenant’s liability under the Agreement, it being acknowledged that Tenant’s
liability survives the Assignment, and any renewal or extension of the Agreement; and b) the
Assignment fee, as required in paragraph 21 of the Agreement, and all outstanding balances due
under the Agreement are paid as described in Exhibit A attached hereto.

Executed this _________ day of _____________________, 2010.

Morgan Falls Realty, LP

A Georgia limited partnership

By: Morgan Falls Realty General Partner, LLC

Its: General Partner

By: __________________
A. Boyd Simpson
Its: Manager

Acknowledged and Affirmed by:

CH2MHILL, INC.

By: _______________________
Its: _______________________
 EXHIBIT A

ASSIGNMENT FEE AND OUTSTANDING OBLIGATIONS

Obligation Amount Responsible Party

Assignment Fee $ 2,000.00 City of Sandy Springs, Georgia

Late Fees and Penalties $12,389.72 CH2MHILL