On the agenda: Avondale Estates meeting — Flock camera (Sep 9)

BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
21 N. AVONDALE PLAZA
AVONDALE ESTATES, GA 30002

https://zoom.us/j/99799756870
SEPTEMBER 9, 2026, 5:30 PM
1. Meeting Called To Order
2. Adoption Of The Meeting Agenda
3. Commissioner Comments
4. Public Comment
5. Approval Of Meeting Minutes
Documents:
AUGUST 26, 2026 BOMC REGULAR MEETING MINUTES.PDF
AUGUST 26, 2026 BOMC WORK SESSION MINUTES.PDF
6. First Read Of An Ordinance To Allow Motorized Carts, Personal Transportation Vehicles,
And Low Speed Vehicles To Cross U.S. 278 At A Safe And Marked Crossing Between
South Avondale And Pine Street
Documents:
AE ORDINANCE TO ALLOW GOLF CARTS TO CROSS US 278 AT
DESIGNATED CROSSING DRAFT 9.4.26.PDF
7. Consideration Of An Easement Agreement With Maple 278 Ventures, LLC For Temporary
Construction Staging And Landscaping In The Alley At 102 Olive Street
Documents:
EASEMENT AGREEMENT BETWEEN MAPLE AND CITY. TEMPORARY
STAGING AND LANDSCAPING - APPROVED AS TO FORM.PDF
8. Adjournment

Public comments are accepted before Board votes on agenda items. Each speaker may speak
once per meeting for up to three minutes, and only during the designated public comment
period. This is not a dialogue session. Any questions should be submitted in writing for
response. Topics scheduled for a public hearing may not be addressed during public comment
but may be discussed during the public hearing.

once per meeting for up to three minutes, and only during the designated public comment
period. This is not a dialogue session. Any questions should be submitted in writing for
response. Topics scheduled for a public hearing may not be addressed during public comment
but may be discussed during the public hearing.

BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
AUGUST 26, 2026 5:30 P.M.
CITY HALL 21 N. AVONDALE PLAZA
Members Present:

Jonathan Elmore, Mayor
Graham Reiney, Mayor Pro Tem
Michael Smith, Commissioner
Luis Suazo, Commissioner
Lyda Steadman, Commissioner

Staff Present:

Patrick Bryant, City Manager
Shannon Powell, Assistant City Manager
Stephen Quinn, City Attorney
Karina Reyna, City Clerk
Harry Hess, Chief of Police
Jerry Branch, Deputy Chief of Police
Toni Jo Howard, Director of Finance and Administrative Services
Kristin Moretz, Capital Projects Director
Lori Leland, Planning and Development Director
Marcel Jackson, Director of Public Works
Ellen Powell, Creative, Marketing & Communications Director
Adriana Holt, Senior Marketing and Communications Coordinator

Meeting Called to Order
The meeting was called to order at 5:30 p.m.
Adoption of Agenda
Mayor Pro Tem Graham Reiney motioned to adopt the meeting agenda.
Commissioner Lyda Steadman seconded the motion. The motion was
APPROVED unanimously.
Commissioner Comments
Commissioner Lyda Steadman welcomed everyone to the meeting and said she
hoped they would learn something and have a chance to share their comments.
Commissioner Luis Suazo has no comments.
Commissioner Michael Smith welcomed all in attendance.
Mayor Pro Tem Graham Reiney thanked all in attendance and expressed relief
from the hot weather.
Mayor Jonathan Elmore had no further comments.
City Manager Updates:
•

City Manager Patrick Bryant reminded the community of the City’s
Centennial kickoff street festival scheduled for Friday, August 28, from
6:00 to 9:00 p.m. on Franklin Street between Olive and Pine streets.
Planned activities included live music, a children’s area, local art and
improv performances, a DeKalb History Center exhibit, food and beverage
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BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
AUGUST 26, 2026 5:30 P.M.
CITY HALL 21 N. AVONDALE PLAZA

•

vendors, Centennial-themed activities and merchandise, and participation
by surrounding businesses.
The community Centennial Gala at the Avondale Estates Lakehouse is
scheduled for Saturday, August 29. Tickets remain available online.

Public Comment
1. Julie Fleming, 40 Clarendon: said she had not formed a final opinion on the
Flock camera contract and attended with an open mind, while encouraging
others to participate and share their concerns.
2. Adam Galatio, 3048 Oakland Pl: expressed concerns about the Flock system
related to privacy, data access, security, accuracy, and potential misuse by
individuals and agencies outside the Avondale Estates Police Department.
3. Jeremy, 712 Stratford Green: asked for clarification on the status of the City’s
Flock contract and urged the City to discontinue its use due to privacy
concerns and documented instances of misuse.
4. Lizzie Brewer, 712 Stratford Green: urged the City to reconsider its use of
Flock cameras, citing concerns about privacy, security vulnerabilities,
inaccurate data, and misuse of license plate reader systems.
5. Kate Denny, 37 Clarendon: encouraged the Commission to listen to residents
and emphasized that the community should have a say in whether Flock
technology continues to be used in Avondale Estates.
6. Jennifer, 402 Kensington Dr: urged the City to reject the Flock cameras, citing
concerns about privacy, inaccurate license plate readings, potential misuse of
collected data, and surveillance of private citizens.
7. Paul Dorroh, 820 Stratford Rd: asked the Commission to consider removing
Appendix F from the Downtown Avondale Multimodal Improvement Project
agreement due to concerns about provisions related to sanctuary cities and law
enforcement assistance with arrests.
Approval of Meeting Minutes
Commissioner Luis Suazo motioned to approve the following minutes:
August 12, 2026 Regular Meeting Minutes
August 12, 2026 Work Session Minutes
Commissioner Michael Smith seconded the motion. The motion was APPROVED
unanimously.
Presentation of FY 2025 Audit Results from Mauldin and Jenkins
Josh Carroll of Mauldin & Jenkins presented the results of the City’s FY 2025
independent audit. The auditors issued an unmodified, or “clean,” opinion on the
City’s financial statements, indicating that the statements were materially correct.
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BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
AUGUST 26, 2026 5:30 P.M.
CITY HALL 21 N. AVONDALE PLAZA
Mr. Carroll also reported clean results related to internal controls and compliance,
noted that the City maintains good segregation of duties, and reported clean
results for the federal highway planning and construction grant program reviewed
as part of the audit. Mr. Carroll stated that the auditors identified no unusual
accounting policies or significant concerns with management estimates, and that
the City’s finance staff provided the information needed to complete the audit. He
characterized the audit overall as clean and noted that the firm had provided
management comments for continued improvement that did not rise to the level of
audit findings. The Board thanked Josh Caroll and his team as well as staff for
their hard work.
Consideration of an Ordinance to Adopt a 2026 Budget Amendment
City Manager Bryant stated that the proposed FY 2026 budget amendment was
unchanged from the prior reading. He reported that the City had received the
engineering drawings for Phase I of the Southwoods stormwater and dam
rehabilitation project and that projected costs were within the anticipated budget.
This would allow the City to proceed with Phase II design and, once complete
cost estimates are available, potentially reallocate a portion of previously
identified funding to other stormwater or capital needs during the FY 2027 budget
process. The Board discussed the capital program and the need for clearer multiyear cash-flow reporting showing anticipated project timing and funding sources.
Staff clarified that inclusion of a project in the capital program itself does not
authorize execution. Individual contracts and appropriations still require Board
approval. Commissioner Lyda Steadman cited concerns about certain projects and
a desire for greater clarity regarding revenues and project timing.
Mayor Pro Tem Graham Reiney motioned to approve the ordinance amending the
FY 2026 budget. Commissioner Michael Smith seconded the motion. The motion
was APPROVED by majority vote as follows:
Ayes: Mayor Jonathan Elmore, Mayor Pro Tem Graham Reiney, Commissioner
Michael Smith, Commissioner Luis Suazo
Nays: Commissioner Lyda Steadman
Consideration of a Resolution to Adopt a Civility Pledge
The Board considered two versions of the proposed Civility Pledge. Version 2
contained an additional section stating that the principles establish standards of
professional conduct and that conduct inconsistent with those principles may be
addressed through the Board’s existing authority under the City Charter,
ordinances, personnel policies, employment agreements, and applicable ethical
laws. City Attorney Stephen Quinn stated that the additional language did not
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BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
AUGUST 26, 2026 5:30 P.M.
CITY HALL 21 N. AVONDALE PLAZA
create a material legal difference and largely reaffirmed existing laws and
policies.
Commissioner Lyda Steadman motion to approve Version 2 of the Civility
Pledges. Commissioner Michael Smith seconded the motion. The vote failed by a
2-3 vote.
Mayor Pro Tem Graham Reiney motioned to approve Version 1 of the Civility
Pledge. Commissioner Luis Suazo seconded the motion. The motion was
APPROVED unanimously, 5-0.
First Read of an Ordinance to Amend Chapter 11 to Prohibit Private Decentralized Wastewater
Systems in Accordance with Metropolitan North Georgia Water Planning District Requirements
City Manager Bryant explained that the proposed ordinance amendment was
intended to bring the City Code into compliance with updated state requirements
and Metropolitan North Georgia Water Planning District requirements relating to
stormwater and wastewater regulation. The ordinance would add a new section
prohibiting certain private decentralized wastewater systems within the City.
Because the City’s procedures allow an ordinance to be adopted on first reading
when the Board unanimously consents, Mayor Pro Tem Graham Reiney motioned
to allow a consent vote on the first reading. Commissioner Luis Suazo seconded
the motion, and the motion was APPROVED unanimously.
Commissioner Michael Smith then motioned to approve an Ordinance to Amend
Chapter 11 to Prohibit Private Decentralized Wastewater Systems in Accordance
with Metropolitan North Georgia Water Planning District Requirements.
Commissioner Luis Suazo seconded the motion. The ordinance was APPROVED
unanimously.
Consideration of a Project Framework Agreement for Downtown Avondale Multi-Modal
Improvements (PI No. 0021589)
City Manager Bryant presented the first of two anticipated Project Framework
Agreements with the Georgia Department of Transportation for the Downtown
Shared Streets/Multimodal Improvements project. The agreement before the
Board covered the design phase. A second agreement will be required for
construction. The federal award for the overall transportation project exceeds $3
million.
The Board discussed Exhibit F and concerns raised during public comment. City
Manager Patrick Bryant explained that the exhibit contains State of Georgia legal
requirements attached to receipt of federal transportation funds through GDOT
and that the City could not accept the grant award without accepting the required
terms. Board members expressed concern about being required to accept
provisions they might not otherwise support in order to receive transportation
funding, while acknowledging that the requirements were imposed at the state
level.
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BOARD OF MAYOR AND COMMISSIONERS
REGULAR MEETING
AUGUST 26, 2026 5:30 P.M.
CITY HALL 21 N. AVONDALE PLAZA
Commissioner Michael Smith motioned to approve the Project Framework
Agreement with GDOT. Commissioner Luis Suazo seconded the motion. The
motion was APPROVED unanimously.
Consideration of a Stormwater Drainage Easement at 732 Stratford Road
City Manager Bryant explained that the easement would allow the City to access
private property at 732 Stratford Road to perform work necessary to address an
issue with the City’s stormwater system. The property owner had agreed to the
easement. The Board noted that the easement was needed so the City could access
and maintain a City stormwater structure located on private property.
Commissioner Luis Suazo motioned to approve a Stormwater Drainage Easement
at 732 Stratford Road. Commissioner Lyda Steadman seconded the motion. The
motion was APPROVED unanimously.
Adjournment
Commissioner Lyda Steadman motioned to adjourn the Regular Meeting.
Commissioner Michael Smith seconded the motion. The motion was APPROVED
unanimously. The Regular Meeting adjourned at 6:22 p.m.
______________________________
Karina Reyna, City Clerk

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BOARD OF MAYOR AND COMMISSIONERS
WORK SESSION MEETING
AUGUST 26, 2026 6:34 P.M.
CITY HALL 21 N. AVONDALE PLAZA
Members Present:

Jonathan Elmore, Mayor
Graham Reiney, Mayor Pro Tem
Michael Smith, Commissioner
Luis Suazo, Commissioner
Lyda Steadman, Commissioner

Staff Present:

Patrick Bryant, City Manager
Shannon Powell, Assistant City Manager
Stephen Quinn, City Attorney
Karina Reyna, City Clerk
Harry Hess, Chief of Police
Jerry Branch, Deputy Chief of Police
Toni Jo Howard, Director of Finance and Administrative Services
Kristin Moretz, Capital Projects Director
Lori Leland, Planning and Development Director
Marcel Jackson, Director of Public Works
Ellen Powell, Creative, Marketing & Communications Director

Meeting Called to Order
The Work Session was called to order at 6:34 p.m.
Adoption of the Meeting Agenda
Mayor Pro Tem Graham Reiney motioned to adopt the Work Session agenda.
Commissioner Michael Smith seconded the motion. The motion was APPROVED
unanimously.
Continued Discussion of an Amendment to the Golf Cart Ordinance to Allow a Crossing from
South Avondale to Pine Street
City Manager Patrick Bryant continued the Board’s discussion of an amendment
to the City’s Personal Transportation Vehicle Ordinance. He explained that, in
order to obtain GDOT permission for a golf-cart crossing of U.S. 278/South
Avondale Road to Pine Street, the City must first amend its local ordinance to
authorize the crossing. The discussion expanded to other possible ordinance
changes, particularly driver age, safety, enforcement, and where golf carts may
legally travel.
Board members discussed whether the minimum operating age should remain tied
to possession of a valid driver’s license or be increased to 18. Concerns focused
on younger drivers crossing a high-volume state route and entering the downtown
commercial area. The Board also discussed signage, the configuration of the
proposed crossing, potential future crossings, Clarendon Avenue, and the need to
distinguish between routes that are legally available today and routes that would
require additional GDOT approval.
The Board generally supported moving the proposed amendment forward while
continuing to evaluate safety and enforcement provisions. City Manager Bryant
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BOARD OF MAYOR AND COMMISSIONERS
WORK SESSION MEETING
AUGUST 26, 2026 6:34 P.M.
CITY HALL 21 N. AVONDALE PLAZA
stated that the first reading of the ordinance amendment would be scheduled for
the September 9, 2026 Regular Meeting.
Review of an Easement Agreement with Maple 278 Ventures, LLC for Temporary Construction
Staging and Landscaping in the Alley at 102 Olive Street
City Manager Bryant explained that downtown contains a mixture of public and
private alleys. Maple 278 Ventures, LLC/Avila-Hedgewood identified a small
public portion of an alley immediately north of the property at 102 Olive Street
that it would like to use temporarily for construction staging associated with
redevelopment of the site. The agreement also addresses restoration and
landscaping of the area after construction use.
The Board discussed the status of the alley, the relationship of the easement area
to neighboring property, and whether adjacent owners had been informed. City
Manager Bryant noted that the proposed use would not affect the neighboring
property owner’s ingress or egress and that the adjacent owner does not have an
ownership interest in the public portion of the alley. The agreement was scheduled
for consideration at the September 9, 2026 Regular Meeting.
Presentation by Chief Hess on Avondale Estates Flock Security Program
City Manager Bryant introduced the presentation in response to increased local
and national discussion about Flock Safety and acknowledged both legitimate
concerns about potential misuse and misinformation about the equipment used by
the City. Chief Harry Hess explained that the Avondale Estates Police Department
uses Flock automated license plate readers (ALPRs) and the associated software;
the Department does not use Flock drones, gunshot-detection equipment, mobile
security trailers, or pan-tilt-zoom surveillance cameras.
Chief Hess stated that the City has ten Flock ALPR cameras positioned at
locations around the City. The cameras photograph the rear of vehicles and
capture license plate text, location, date and time, and vehicle characteristics used
for investigative searches and alerts. He explained that the data is retained on a
30-day rolling basis and is then permanently deleted from the Flock system. He
emphasized that Department policy limits use to legitimate law-enforcement and
investigative purposes and that officers are required to verify an ALPR alert
through the image, the displayed tag, and GCIC/NCIC or dispatch information
before taking enforcement action.
Chief Hess reviewed access controls, accountability, and data-sharing practices.
He explained that law-enforcement agencies using Flock may request reciprocal
access to searchable ALPR data, and that Avondale Estates currently shares with a
broader group of law-enforcement partners. He acknowledged that the
Department can control its own personnel and sharing decisions but cannot
directly control the conduct of personnel in other agencies. The Board discussed
whether sharing could be narrowed, how misuse would be addressed, and the
extent to which local policy can reduce the risks associated with a national vendor
and network.
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BOARD OF MAYOR AND COMMISSIONERS
WORK SESSION MEETING
AUGUST 26, 2026 6:34 P.M.
CITY HALL 21 N. AVONDALE PLAZA
Chief Hess also presented examples in which ALPR information assisted
investigations and arrests, including identifying vehicles connected to crimes
across jurisdictions. Board members discussed the value of the technology for a
small department with limited staffing alongside concerns about privacy, vendor
security, erroneous alerts, external access, data retention, and the possibility of
future changes in technology or law. Staff discussed the possibility of state-level
standards or legislation governing ALPR use and emphasized the importance of
strong written policy and auditing.
No formal action was taken during the Work Session.
DeKalb Municipal Association Annexation Exercise Discussion
City Manager Bryant explained that the DeKalb Municipal Association (DMA),
asked each city to provide an annexation map as part of a hypothetical exercise
examining what complete municipalization of DeKalb County could look like.
City Manager Bryant emphasized that the exercise was not an active annexation
proposal and that the likelihood of complete municipalization was considered
extremely remote.
City Manager Bryant proposed submitting the annexation study map prepared for
the City in 2018 with the Carl Vinson Institute. He noted that portions of the map
are now outdated because some areas, including Berkeley Village, have already
been annexed. The purpose of submitting the map is to allow DMA and the City
of Brookhaven’s GIS staff to compare municipal aspirations and identify potential
overlaps in the event that the issue ever becomes relevant in the future.
The Board discussed the size and character of the areas shown, potential service
implications, and prior annexation studies. Members agreed that participation was
prudent so the City’s interests would be represented in the regional exercise.
There was consensus for staff to submit the map to DMA, with the understanding
that doing so did not commit the City to pursue the annexations shown.
Public Comment
1. Bill Hover, 89 Berkeley Road: commented on several topics, supporting stronger
enforcement of golf cart regulations, continuation of the current Flock system
with appropriate safeguards, and expressing relief that the annexation map
discussed was only an exercise.
2. Laura Whalen, 58 Clarendon: thanked Chief Hess for the safeguards implemented
locally but expressed concern about the number of outside agencies with access to
Flock data and asked the City to consider limiting that access and clarify
consequences for policy violations.
3. Diane Doherty, Condos: expressed confidence in the Avondale Estates Police
Department but raised concerns about the potential growth of a larger surveillance
network that could eventually become difficult to control.
4. Paula Rose, 842 Stratford Green: said she was not concerned about the Avondale
Estates Police Department’s local use of Flock but questioned how Flock and
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BOARD OF MAYOR AND COMMISSIONERS
WORK SESSION MEETING
AUGUST 26, 2026 6:34 P.M.
CITY HALL 21 N. AVONDALE PLAZA
other companies may retain, share, or use collected data beyond the City’s
control.
5. Ethan, 3154 Stratford Green: questioned whether Flock can be trusted over the
long term and encouraged the City to take a proactive approach to the potential
future risks of technology.
6. Greg Hendler, 712 Stratford Green: acknowledged the steps taken locally to
address concerns but argued that the expanding network of Flock cameras
effectively tracks individuals and creates a searchable database of their
movements.
7. Phil Feibish, 3230 Kensington: raised concerns from an IT perspective that once
Flock data is shared or accessed, retention limits cannot prevent copies of that
information from continuing to exist or being aggregated with other data.
8. Ashley, 3154 Stratford Green: questioned whether the benefits of Flock justify the
privacy implications of a large connected surveillance network and expressed
concern about how the system could be used in the future.
9. Adam Gallatino, 3048 Oakham Pl: reiterated concerns about Flock’s security, data
access, technological capabilities, and potential misuse by outside entities,
arguing that the City cannot control how others use the broader system.
10. Lizzie Brewer, 712 Stratford Green: reiterated concerns that Flock data could
ultimately become accessible to federal agencies despite local safeguards and said
that such access may be beyond the Police Department’s control.
Adjournment
Commissioner Lyda Steadman motioned to adjourn the Work Session.
Commissioner Michael Smith seconded the motion. The motion was APPROVED
unanimously. The Work Session adjourned at 8:31 p.m.
______________________________
Karina Reyna, City Clerk

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ORDINANCE NO.________
AN ORDINANCE TO AMEND CHAPTER 18 OF THE CODE OF ORDINANCES OF THE
CITY OF AVONDALE ESTATES RELATING TO TRAFFIC AND VEHICLES, ARTICLE
VII REGARDING MOTORIZED CARTS, PERSONAL TRANSPORTATION AND LOW
SPEED VEHICLES; TO PROVIDE THAT SUCH VEHICLES MAY CROSS U.S.
HIGHWAY 278 AT A DESIGNATED AND MARKED CROSSING; TO REPEAL
CONFLICITING PROVISIONS; AND TO PROVIDE FOR THE CONDITIONS UPON
WHICH THIS ORDINANCE WILL BECOME EFFECTIVE.
WHEREAS, the City of Avondale Estates has allowed motorized carts, personal transportation,
low speed and other vehicles to use City streets since 2012 and these vehicles have become popular
with residents; and
WHEREAS, public safety considerations and State law prohibit the operation of motorized carts,
personal transportation, low speed and other similar vehicles upon U.S. Highway 278; and
WHEREAS, subject to approval by the Georgia Department of Transportation, the Board of Mayor
and Commissioners desires to allow motorized carts, personal transportation, and low speed
vehicles to cross U.S. 278 at a safe and marked crossing in order to enable residents to travel
between the primarily residential south side of said highway and the Central Business District and
Town Green on the north side of said highway.
NOW THEREFORE, BE IT ORDAINED by the Board of Mayor and Commissioners of City of
Avondale Estates as follows:
Section 1. Subsection (c) of City Code Section 18-188 is hereby amended to provide as follows:
“(c) Motorized carts, personal transportation or low speed vehicles may not cross U.S. 278 or
any other street, road or highway which is part of the state highway system, except that said
vehicles may cross U.S. 278 within the designated and marked crossing between South Avondale
Road at the south side of U.S. 278 and Pine Street at the north side of U.S. 278.”
Section 2. All provisions of the City Code in conflict herewith are hereby repealed.
Section 3. This ordinance shall take effect upon all of the following conditions being satisfied: (a)
approval of this ordinance by the Board of Mayor and Commissioners, (b) signature by the Mayor,
(c) approval of the referenced crossing by the Georgia Department of Transportation, and (d)
marking of the referenced crossing and the installation of signage that complies with State law and
regulations designating the referenced crossing.

SO ORDAINED, this ____ day of __________________, 2026.
CITY OF AVONDALE ESTATES, GEORGIA

________________________________________
Mayor Jonathan Elmore

ATTEST:
_____________________________
Karina Reyna
City Clerk
Approved as to Form:
_____________________________
Stephen G. Quinn, City Attorney

Document prepared by and return to:
McClure & Kornheiser, LLC
6400 Powers Ferry Road
Suite 150
Atlanta, GA 30339
Attention: Michael P. Kornheiser, Esq.
Benefits Tax Parcel 15 248 21 010 and adjacent parcel

EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this “Agreement”) is made as of August __, 2026
(the “Effective Date”), by and between CITY OF AVONDALE ESTATES, a Georgia
Municipality (“Grantor”), and MAPLE 278 VENTURES, LLC, a Georgia limited liability
company (“Grantee”).
W I T N E S S E T H:
WHEREAS, Grantee is the owner of that certain tract of land described on Exhibit A
attached hereto and made a part hereof, said property being referred to herein as the “Grantee
Property”; and
WHEREAS, Grantor is the owner of an approximate 10-foot alley existing north of and
adjacent to the Grantee Property, as shown on Exhibit B attached hereto and made a part hereof,
said property being referred to herein as the “Alley Parcel”; and
WHEREAS, the Alley Parcel is not currently used by the public for any transportation
purpose and is not necessary to access any parcel of real property; and
WHEREAS, Grantee wishes to beautify the Alley Parcel with landscaping improvements
and such landscaping improvements would benefit the City and the general public; and
WHEREAS, in connection with the development of the Grantee Property and property
directly to the west of the Grantee Property also owned by Grantee (collectively, the “Entire
Grantee Property”), the City has agreed to grant Grantee a temporary easement to use the Alley

Parcel for staging and construction, together with an easement to landscape the Alley Parcel until
such time as the City decides the Alley Parcel is needed by the City for another purpose.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration in hand paid by each party hereto to the other, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound, do hereby agree as follows:
ARTICLE I
GRANT OF EASEMENTS
Section 1.01. Temporary Staging and Construction Easement. The City hereby grants
to Grantee, its successors and assigns, for the benefit of the Entire Grantee Property, a temporary
easement over, across, through and under the Alley Parcel for the purposes of staging and
construction in connection with the development of the Entire Grantee Property. At such time as
Grantee has completed construction of the Entire Grantee Property, the above easement shall
automatically terminate. At such time as Grantor decides that the Alley Parcel is needed for
another use by Grantor, Grantor shall have the right to terminate this temporary staging and
construction easement upon 30 days written notice to Grantee, in which event this temporary
staging and construction easement shall terminate at such time.
Section 1.02. Landscape Easement. The City hereby grants to Grantee, its successors
and assigns, for the benefit of the Entire Grantee Property, an easement over, across, through and
under the Alley Parcel for the purposes of landscaping such area to the extent desired by Grantee
(it being understood that Grantee is not obligated to landscape the Alley Parcel). At such time as
Grantor decides that the Alley Parcel is needed for another use by Grantor, Grantor shall have the
right to terminate this landscape easement upon 30 days written notice to Grantee, in which event
this landscape easement shall terminate at such time.
ARTICLE II
MISCELLANEOUS PROVISIONS
Section 2.01. Insurance. Grantee agrees to cause every person or entity accessing the
Alley Parcel under the terms of this Agreement to maintain the insurance policies and coverages
reflected by the certificate(s) of insurance attached hereto as Exhibit C or to be working pursuant
to a written construction agreement with an insured entity such that the coverages set forth in
Exhibit C apply, at all times while accessing the Alley Parcel.
Grantee shall cause the Grantor to be named as an additional insured under the policies of insurance
identified on Exhibit C. A certificate of liability insurance in ACORD form 25 (2016/03) (or the
substantial equivalent of such form) and the required policy endorsements evidencing the
foregoing insurance coverage shall be provided to Grantor via e-mail to City Manager Patrick
Bryant prior to any Grantee accessing the Alley Parcel under the terms of this Agreement.
Any costs or expenses associated with adding Grantor as a certificate holder in a general
contractor’s certificate of liability insurance and providing the required additional insured
endorsements naming Grantor as an additional insured shall be borne by Grantee.
2

The provisions of this Section 2.01 shall survive the expiration or termination of this Agreement.
Section 2.02. Costs. All costs and expenses incurred by Grantee pursuant to this
Agreement shall be borne by Grantee, but in no event shall such costs or expenses be borne by
Grantor. The provisions of this Section shall survive the expiration or termination of this
Agreement.
Section 2.03. Amendment. The parties hereto agree that this Agreement may only be
amended or modified upon the written consent of the then owners of the Alley Parcel and the
Grantee Property.
Section 2.04. Waiver. It is expressly agreed that no breach of this Agreement shall entitle
any party hereto to cancel, rescind or otherwise terminate this Agreement. No delay or omission
by any party to exercise its rights accruing upon any noncompliance or failure of performance by
any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party
hereto of any of the covenants, conditions or agreements to be performed by any other party shall
not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or
agreements contained herein.
Section 2.05. Severability. If any term, provision, or agreement contained herein or the
application thereof to any person, entity or circumstance shall be held to be invalid, illegal or
unenforceable, the validity of the remaining terms, provisions, or agreements or the application of
such term, provision, or agreement to persons, entities or circumstances other than those to which
it is held invalid or unenforceable shall not be affected thereby.
Section 2.06. Binding Effect; Appurtenance. This Agreement shall be binding upon and
inure to the benefit of the City and Grantee and their respective successors and assigns. This
Agreement shall run with the properties described herein. Each owner shall be released from its
future obligations hereunder following the conveyance of its interest in its respective property.
Section 2.07. Notices. All notices, requests, demands or other communications hereunder
shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service,
email (provided that a copy of any demand notice shall be sent concurrently to the intended
recipient by one of the other methods provided herein), or United States registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Grantor:
City of Avondale Estates
Attn: City Manager
21 N. Avondale Plaza
Avondale Estates, GA 30002
With a copy to:
Wilson Morton & Downs, LLC
Two Decatur TownCenter
125 Clairemont Avenue, Suite 420
3

Decatur, Georgia 30030
Attn: Stephen G. Quinn
Email: [email protected]
If to Grantee:
c/o JETHA WAGNER, CAM, CAPS
Vice President
Avila Development, LLC
1010 Huntcliff, Suite 2315
Atlanta, Georgia 30350
Email: [email protected]
With a copy to:
McClure & Kornheiser, LLC
6400 Powers Ferry Road, NW, Suite 150
Atlanta, Georgia 30339
Attn: Michael P. Kornheiser
Email: [email protected]
or to such other address as any party may designate by notice in writing to the other parties. Any
such notice, request, demand or communication shall be deemed to have been given on the date of
sending. The refusal to accept delivery by any party or the inability to deliver any communication
because of a changed address of which no notice has been given in accordance with this Section
shall constitute delivery.
Section 2.08. Entire Agreement. This Agreement and the exhibits attached hereto
contain the entire agreement between the parties hereto with respect to the subject matter hereof.
Section 2.09. Construction. The provisions of this Agreement shall be construed as a
whole according to their common meaning and not strictly for or against any party hereto.
Section 2.10. Governing Law. This Agreement shall be construed in accordance with
the laws of the State of Georgia.
Section 2.11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall constitute one and the same document.
Section 2.12. Authority. Each party warrants and represents to the other that the person
or persons executing this Agreement on behalf of such party is/are authorized to do so.
Section 2.13. No Partnership. Nothing contained in this Agreement shall be construed
to create a partnership between the parties hereto.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under seal, as of the Effective Date.

GRANTOR:
Signed, sealed and delivered
in the presence of:
Unofficial Witness

CITY OF AVONDALE ESTATES, GEORGIA,
a Georgia municipal corporation

By:
Name: Jonathan Elmore
Title: Mayor

Notary Public
[NOTARY SEAL]
My Commission Expires:

Approved as to form:

____________________
Stephen G. Quinn, Esq.
City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]

[SEAL]

GRANTEE:
Signed, sealed and delivered
in the presence of:

MAPLE 278 VENTURES, LLC, a Georgia
limited liability company

Unofficial Witness

By:
Name: Ignacio Diego
Title: Authorized Representative

Notary Public

Attest:
[SEAL]
Name: Jetha Wagner
Title: VP, Authorized Representative

[NOTARY SEAL]
My Commission Expires:

[SEAL]

EXHIBIT A
Grantee Property

EXHIBIT B
THE ALLEY PARCEL

EXHIBIT C
Insurance Requirements