Grove Street Ne 2740 2746 Gsd Letter Agreement Encrypted¶

Wednesday, August 21st, 2024 Mr. Brett Ledermeier McLain & Merritt Attorneys 11625 Rainwater Drive – Suite 125 Alpharetta, Ga 30009 Re:

2740 & 2746 Grove Street NE, Brookhaven, GA 30319 LETTER AGREEMENT

Gaddy Surveying & Design, Inc. (GSD) is pleased to provide engineering & surveying services for the above referenced project. The scope of services, estimated fees, and general conditions contained within this letter agreement are limited to production and submittal of the following:

I.

BOUNDARY, TOPOGRAPHICAL AND TREE SURVEY PHASE – 2740 & 2746 Grove Street NE

GSD will provide a boundary and a topographic survey of the above referenced properties in accordance with the minimum standards and requirements for land surveys in Georgia: •

Research, survey, draft, and prepare a boundary plat for the above referenced property.

•

Establish location of existing easements of record within the property.

•

Locate aboveground utilities, sanitary and storm sewer (with inverts), water valves, hydrants, and power poles to include on the survey.

•

Review F.I.R.M. flood maps to see if property is affected.

•

Locate any aboveground, visible improvements situated on the premises.

•

Flag or reset all property corners.

•

Locate all trees 6 inches and larger within the subject property.

•

Provide field run topographical information based on mean sea level (MSL) and prepare documents indicated 2’contour intervals.

•

Client will receive signed copy of survey in pdf format.

_______ Initial 1215 Pleasant Hill Road, Lawrenceville, Georgia 30044 Phone: 770-931-5920 Fax: 770.931-5903

II.

LOT RECONFIGURATION PLAT PHASE

GSD will prepare a lot reconfiguration plat per City of Brookhaven & DeKalb County standards to adjust the shared lot line between 2740 & 2746 Grove Street NE, Brookhaven, GA 30319. In addition, GSD will prepare AutoCAD file to state plane coordinates required for submittal to DeKalb GIS Department along with a copy of recorded lot division plat once the plat is approved by City of Brookhaven and DeKalb County GIS & Watershed Departments. GSD will prepare the necessary legal descriptions for the resultant parcels upon approval of the plat as well as the portion of land being transferred between the two property owners.

TOTAL COST:

HOURLY NOT TO EXCEED $5,800.00

OPTIONAL PHASE - PERMITTING (PLAT PHASE ONLY)

$1,000.00

GSD can coordinate permitting services for the lot reconfiguration plat through City of Brookhaven and DeKalb County with the assistance of a permit expeditor. This phase will include preparation of necessary applications, monitoring of the permitting process and meeting with city & county staff in order to obtain approval for the lot combination. In addition, upon approval of the plat by DeKalb County, GSD will submit the approved plat to DeKalb County Clerk of Court via www.GSCAAA.org for recording. Upon recording, plat and CAD file will be submitted to DeKalb GIS for updating of the county tax map. Note: This phase is for the lot reconfiguration plat approval only.

EXCLUSIONS/NOTES: 1) This proposal does not cover any permitting of plans with local municipality unless option phase is executed. 2) Re-permitting or redesign of construction documents due modification or changes initiated by the Client or during construction, which conflict with the accepted concept plan. 3) Re-permitting or redesigning construction documents due to the amendment, adoption or revision of current governmental regulations in place and in force as of the date of this proposal. 4) Three-phase erosion & sediment control plan due to disturbed area exceeding 1.0 acres. 5) Stormwater management plan for impervious area exceeding 5,000 square feet. _______ Initial 1215 Pleasant Hill Road, Lawrenceville, Georgia 30044 Phone: 770-931-5920 Fax: 770.931-5903

6) As-built drawings and final approval. 7) Construction management, contract administration or price/cost negotiations of construction work. 8) Settlement of disputes of claims due to contractor default or insolvency or discontinuation of work. 9) Rezoning, variances, and modification applications and submittals. 10) Replacement of construction stakes due to contractor negligence or vandalism. 11) Fees for permit and review as required by issuing authority and/or reproduction expenses for city/county submittals. Should GSD pay fees on behalf of Client, there will be a 10% processing fee charged.

Surveying and Engineering services not included: 1)

Storm Water Management/Water Quality Report

10) Irrigation or site lighting design.

2)

Retaining wall design and permitting

11) Signage design or permitting.

3)

Impaired stream compliance within one mile of subject property.

12) Georgia DOT design and permitting

4)

Architecture plans or permitting.

5)

As-built Drawings and Approvals

6)

Landscape Architecture.

15) Permitting of Dam/Lake to the Corps or EPD Safety Dams.

7)

Soil testing or typing.

16) GAR 100001 Permit & NOI Application.

8)

Offsite utility easements or design.

17) GAR 100003 Monitoring & Weekly Report

9)

Wetland delineation or permitting.

13) FEMA or Flood Plain Analysis & Submittals 14) Amenity Area Design or staking.

Should the Client elect to engage GSD to perform these or other additional services, a supplemental services agreement shall be drafted which outlines the scope of services and fees for such additional service items for execution by Owner. All reimbursable expenses shall be billed separately in accordance with the Standard General Conditions, which are attached and made a part of this proposal. The prices quoted herein are subject to re-negotiation if the proposal is not signed and returned to us within thirty (30) days. If governing regulations are changed or amended, the prices quoted in this proposal will be subject to re-negotiation. Phased developments or projects that incur over a 90-day interruption in project continuance shall be subject to re-negotiation of fees. Our goal is to provide quality engineering and surveying services at reasonable cost and schedule while constantly improving through experience and growth. However, Gaddy Surveying & Design, Inc., has no control as to the timeliness or lack thereof from the local jurisdiction and accepts no liability/responsibility as to the project review process from the local jurisdiction. We look forward to your acceptance of this proposal and to a continued successful working relationship with Mr. Brett Ledermeier – McLain & Merritt Attorneys. Should you find this proposal satisfactory, please sign both copies and return one to our office. _______ Initial 1215 Pleasant Hill Road, Lawrenceville, Georgia 30044 Phone: 770-931-5920 Fax: 770.931-5903

If you have any questions, please contact us at your earliest convenience. Sincerely,

Al H. Ansley, Jr. Al H. Ansley, Jr. Operations Manager - Gaddy Surveying & Design, Inc.

CLIENT APPROVAL

Date: ___

□ Survey & Plat Phases Approval

Accepted By:______ Name Title

□ Optional Permitting Phase Approval

Accepted By:______ Name Title

RE:

2740 & 2746 Grove Street NE, Brookhaven, GA 30319

_______ Initial 1215 Pleasant Hill Road, Lawrenceville, Georgia 30044 Phone: 770-931-5920 Fax: 770.931-5903

CONTRACT STANDARD CONDITIONS The provisions of this Agreement are for the sole benefit of the parties hereto and are not intended to benefit any person not a party to this Agreement. Any sale, transfer, or assignment of this agreement is subject to renegotiation. In the event, the contract is transferred, sold or assigned, a 20% service charge will be applied to any unpaid or remaining portions of this agreement due upon the date of transfer of ownership. All drawings, plans, maps, photographs and data and copies thereof remaining in GSD's possession are the property of GSD and subject to its sole discretionary control. GSD reserves all its rights in any drawings, plans, photographs and data and copies thereof furnished to Client or to others and may preserve its rights under Federal Copyright law. Any further use of this data is subject to separate renegotiation and fee. Any revisions to the scope of services during the duration of this Agreement due to changes in laws, regulations, policies, ordinances or Client's direction will subject the fees for the items affected to renegotiation. The fees in this Agreement apply only in the event that the particular phase of services is authorized or necessary. Execution of this Agreement will authorize the performance of all the specified services unless otherwise noted in writing on the Agreement. Because of their preliminary nature, Client acknowledges that neither GSD nor its subcontractors are responsible for damages or losses incurred through the use of studies, concept plans, preliminary plans, site assessments, or cost estimates prepared by GSD in excess of the charges made for these services. GSD is not responsible for the accuracy or validity of information obtained from others and utilized in the services covered under this Agreement. Because risks arising from potential damages due to pollution, hazardous waste and asbestos are presently uninsurable, Client agrees to notify GSD of the existence of any such dangers prior to the commencement of any of the services and Client further agrees to and shall hold harmless, indemnify and defend GSD from all liability, claims, damages, losses, costs or expenses arising from or due to the discharge, release or escape of such substances where such discharge, release or escape arises out of services performed under this Agreement, except where such discharge, release or escape is due to the sole negligence of GSD. GSD may decline to proceed or may stop furnishing services on any project where such dangers are disclosed or discovered when the rendering of such services presents, in the sole discretionary judgment o