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HomeMy WebLinkAbout10-05-09 PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, October 5, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION – 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 09-946) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the September 14, 2009 Work Session Minutes. (Agenda Item No. 09-947) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 2. Approval of the September 21, 2009 Special Called Meeting Minutes. (Agenda Item No. 09-948) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 3. Approval of the September 21, 2009 Special Called Work Session Minutes. (Agenda Item No. 09-949) (Jeanette Marchiafava, City Clerk and Clerk of the Court) MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 5, 2009 – 6:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Approval of the September 21, 2009 Regular Meeting Minutes. (Agenda Item No. 09-950) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 5. Approval of a contract with Comfort Zone Portables for the Milton Roundup. (Agenda Item No. 09-951) (Linda Blow, Project Coordinator) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION 1. ZM09-03 – Northwest Corner of Webb and Morris Roads by Precision Design and Development (Bowen Family Homes). A request to modify the following conditions: 1) To modify Condition 1.d (RZ05-022) - Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 2) To modify Condition 1.f. (RZ05-022) - The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 216 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 3) To modify Condition 2.a. (ZM07-03) To replace the revised site plan submitted on July 2, 2007 to the City of Milton Community Development Department with the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. (Agenda Item No. 09-952) (Presented by Tom Wilson, Interim Community Development Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution authorizing the City of Milton to apply for and accept a Georgia Department of Transportation GATEway Grant. Upon award of the grant, the City of Milton shall enter into a Mowing and Maintenance agreement with the Georgia Department of Transportation. (Agenda Item No. 09-953) (Presented by Tom Wilson, Interim Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 5, 2009 – 6:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (If needed) 15) ADJOURNMENT (Agenda Item No. 09-954) The minutes will be Provided electronically ,OMFORT ZONE PORTABLES 0(7170BU"R. 17, 2009 '1\111A.'0N HIGH SCHOOL 41000- GLYEST/NOON 110 6 PM Prepared for: Linda M. Blow, Project Coordinator City of Milton, Georgia 13000 Deerfield Parkway, Building 100, Suite 107E Milton, Georgia 30004 678-242-2489 Direct www.cityofmiltonga.us COMFORT ZONE -4'� Portable Restroonis 5 6 55 ti II i It L E E I X I.] i35TR I A L, WzkY ALPHARETTA, GA 30004 WW W,C„ONJF0R'rZ(.)\I:110RT_AT3LE8,C0Ni 70.772? 8066 s F4_ \ ';70.753.4915 P RO P O SELL# R.T PLS 5101709 I'VEN S HTG OR SMALL, WI.`,.' HAVE 11' .AI. -1....... AT Comfort Zonc Purtablca, vve are continually exploring relevant innotVations atld techniques to Letter serve our customer, because rain- custc)nlers deserve the: best. C oinfort "Lune Portables coffers vv-.irious options for all hypes of special events. We believe that excceding our custt7lncG''s CNpcctation cvc.Ly tinic is the ()111y' Way to CAI" ljklsil)ess. Our sales staff And service personnel are thoroughly trained to provide Clic kno,rxrlcdgc and experience needed to be the best in the indusuy, Comfort Lone. Portablcs is fully licensed, insured and complies, with all state WId lc.xal c<.)dca RIld rci;till[ie�nti. Con-ifort Zone Portables will liclp make your Lv cot a Success: • Bec,,nue Out Staff is Certified by the Partible Sanitation _Association Interriational, you cavi expect us to be up to date ren all procedures and pracLice s within. our industry. • Because Our Company was fn-xndcd in 1990, our procedures and inFrastructures arc rroawre And will be able co quickly accommodate your needs- • .Because Our C.:ompally services Slaecial Event needs all uvrcr the Southeast and is family owned and operated. • (-)ur Company is large enough to service all Your n-ccds and small enough to understand the value of "Old -Fashioned" se -twice. * Because were have signifjcant relevrant experience, our staffing resources include televant 1.)Tofe=;r.:ic�nulr and Our I-nayiagea-icnr k already to nihar with any i,�sues that may arise during your c1'em. • Our excellent- pertoymance record lends credibility to our ability to deliver as prorni sed. • OU CVYTl177itiTlLrlt tU Our custOillexa has been denionsrrated repeatedly on tour previous p.rojcets. We encourage. you to call out referelxes. ► Our Company has gone 'T'In- r " and uses cnvironmentally friendly products which are 100'!4 biodegradablc, non-toxic and sate for our cnv-ironmc.m as well as '100'A recycled fiber toilet tissues in all our equipinent. 2 Comfort Zone will_Proyide the Fol.l.o...w�i_n.g.. • 16 DIPLOMAT PORTABLE TOILETS UNITS: REGULAR PRICE $85 PER UNIT DISCOUNTED RATE FOR CITY OF MILTON - $65 PER UNIT • 2 HANDICAP ACCESSIBLE UNITS: REGULAR PRICE $175 PER UNIT -- DISCOUNTED RATE FOR CITY OF MILTON - $95 PER UNIT • I SANI-STANDS: REGULAR PRICE $175 -- DISCOUNTED RATE FOR CITY OF MILTON - $95 Cost for above equip me in Includes: • Delivery ■ Set Up -,M(l ail COMICCUUz7a • All toiler rissuc, paper towels cot soap • Bm,tkdown and Removal of Rquipmrnt • T choosing L omfoi r lone Fortahles you -,trill receive our "Quibty Assurance Promise" every Nuic! Cancellation Policy: If f )r any reason older is canceled, written notice must be received aE least 30 days prior. w the deliver -y nate. Cancellation within 30 days of delivery dare will result in a 50% liquidated datnage charge. If order is canceled for any reason rafter equ.ilanaent is del.nveeed, Fuil price quoted will he crt.l.lect.ed. Terms & Conditions: By s"911ilig this proposal both patties agxec to abide by the tcrrns and conditions in said proposal. Comfort lone agrees to supply Elie sanitation equipuient and provide the type of service plata agreed upon. Cin toner agrees to aaskune the risk, of and hold Comfort Zone harnilts, for, pruperry damage .md jwlNait"tl iztjurk:7 caused h} the equipment, and/or hsmn; oUr of contractrn's Gaon-ncgh enc acts. Daniage...;. C;ustoner agrecs to pay fear any damage to or. loss of the goods, as an insurer, regardless of cause, except reasrmalate we.ax and rear, -chile the equipinent is out of tltc possession of Contractor. The cost o£ repairs will he home by Ctistomer, -whether performed by Contrac tot, or at Contractor's option, by ethers.. Fuuipmcrit daniage.d 1 eyortd repair will be paid for at 1.11cir replacement cost:. Customer agrces to accept Con trartor"; decisim) ;t. to Nvhf,Elwr rlatn;3gr is repar:thlr•. Payment Terms: ^ l'H 45 F OT BE RESERVED i Y 5Eltili} BA K THIS SIGNED AGH.EL?U NTC Thank you for the opport-Untry to provide: you with this proposal. Please call if you have any questions. mak 0-S" Prepared by Accepted by twaed 9X2109 Date Date ACT VE MEMBER OF: S. ISH A L pe -C 4 CII Events Page 1 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) PETITION NUMBER(S): ZM09-03 PROJECT NAME Deerfield Green PROPERTY INFORMATION ADDRESS Northwest corner of Webb and Morris Roads DISTRICT, LAND LOT 2/2, 1044, 1045, 1046 OVERLAY DISTRICT State Route 9 EXISTING ZONING MIX (Mixed Use Development (RZ05-022 and ZM07-03) ACRES 32.029 EXISTING USE Townhouse Development OWNER Precision Design and Development (Bowen Family Homes) Corbitt Woods ADDRESS 6640 Sugarloaf Parkway, Suite 200 Duluth, GA 30097 INTENT 1) To modify Condition 1.d (RZ05-022) - Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 2) To modify Condition 1.f. (RZ05-022) - The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 216 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 3) To modify Condition 2.a. (ZM07-03) To replace the revised site plan submitted on July 2, 2007 to the City of Milton Community Development Department with the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. Page 2 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM09-03 (Parts 1-3) - DENIAL Page 3 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) Location Map Page 4 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) REVISED SITE PLAN SUBMITTED 9/11/09 Page 5 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) Analysis and Recommendation: The subject site is currently under construction and has been approved for 256 town homes and 56,400 square feet retail/office zoned MIX (Mixed Use) pursuant to Z05-22 and ZM07-03. Staff notes that the applicant plans to build a total of 244 units, 12 units less than the approved zoning. A total of 55 units have been built. Condition 1.d.- Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. Below are the renderings that are conditioned in Condition 1.d. that depict the concept of the development. This request does not appear to be consistent with the original concept to provide a village like feel with alleys, on-street parking and rear entry garages. Therefore, Staff recommends DENIAL of Condition 1.d. Page 6 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) It is Staff’s opinion that there is sufficient room to accommodate rear alley access on lots 186-216, where the units front the amenity area. This style will support the originally envisioned village concept, and will be in keeping with the style of the 55 units already constructed. Since these lots are located in a very visible part of the development, Staff believes that the original village concept should be maintained in this area. Staff, however, could support the change to front entry on lots 136-163. These lots are located in front of a 15-foot tall retaining wall. Staff notes that similar front entry garage units have been built directly to the north of this development at the Views and Park at Morris Lake. This will promote a cohesive transition between developments, and allow for easier access to the homes on these lots. Page 7 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) Condition 1.f. - The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 216 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 216 shall have a front entry 2-car garage per the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. Pursuant to 2005Z-022 NFC, the entire development is required to have rear entry 2-car garages with a minimum heated floor area of 2,000 square feet. The applicant is requesting to change the units that are adjacent to the retaining wall and detention pond wall along the north property line adjacent to the existing townhome development and continuing around the amenity area. This request does not appear to be consistent with the original intent of the development to provide a village like feel with alleys, on-street parking and rear entry garages. Page 8 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) Therefore, Staff recommends DENIAL of Condition 1.f. to delete rear entry garages and provide a minimum heated floor area of 1,850 square feet for lots 136 through 216 as requested. It is Staff’s opinion that there is sufficient room to accommodate rear alley access on lots 186-216, where the units front the amenity area. This style will support the originally envisioned village concept, and will be in keeping with the style of the 55 units already constructed. Since these lots are located in a very visible part of the development, Staff believes that the original village concept should be maintained in this area. Staff, however, could support the change to front entry on lots 136-163. These lots are located in front of a 15-foot tall retaining wall. Staff notes that similar front entry garage units have been built directly to the north of this development at the Views and Park at Morris Lake. This will promote a cohesive transition between developments, and allow for easier access to the homes on these lots. Condition 2.a.(ZM07-03) - To replace the revised site plan submitted on July 2, 2007 to the City of Milton Community Development Department with the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. The request to modify the site plan does not appear to be consistent with the original intent of the development to provide a village like feel with alleys, on-street parking and rear entry garages. Therefore, Staff recommends DENIAL of Condition 2.a. to replace the revised site plan with the revised site plan submitted on September 11, 2009. It is Staff’s opinion that there is sufficient room to accommodate rear alley access on lots 186-216, where the units front the amenity area. This style will support the originally envisioned village concept, and will be in keeping with the style of the 55 units already constructed. Since these lots are located in a very visible part of the development, Staff believes that the original village concept should be maintained in this area. Staff, however, could support the change to front entry on lots 136-163. These lots are located in front of a 15-foot tall retaining wall. Staff notes that similar front entry garage units have been built directly to the north of this development at the Views and Park at Morris Lake. This will promote a cohesive transition between developments, and allow for easier access to the homes on these lots. Page 9 of 9 Prepared by the Community Development Department for the Mayor and City Council Meeting October 5, 2009 (First Presentation) CONCLUSION: Should the Mayor and City Council approve this petition, the recommended conditions (RZ05-03, ZM07-03) should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. (ZM09-03) f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. (ZM09-03) 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on September 11, 2009 Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM09-03) City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: September 21, 2009 for Submission onto the October 5, 2009 City Council Meeting Agenda Item: Resolution authorizing the City of Milton to apply for and accept a Georgia Department of Transportation GATEway Grant. Upon award of the grant, the City of Milton shall enter into a Mowing and Maintenance agreement with the Georgia Department of Transportation. COM (City Manager’s Office) Recommendation: To approve the attached resolution seeking to authorize the City of Milton to apply for and accept a Georgia Department of Transportation GATEway Grant. Upon award of the grant, the city of Milton shall enter into a Mowing and Maintenance Agreement with the Georgia Department of Transportation. Background: The Georgia Department of Transportation (GDOT) offers GATEway Grant opportunities to municipalities that seek assistance with landscaping and plantings around gateway signage in the state’s rights of way. The grant offers assistance with the design, landscaping, and plantings associated with the gateway signage. The grant does not provide assistance with the sign or its installation; and it requires that the recipient enter into a long-term Mowing and Maintenance agreement with GDOT at the recipient’s expense. Discussion: Through the comprehensive planning process, the citizens have identified several gateways along Milton’s border. Since Milton is a new City incorporated in 2006, residents and visitors may not be familiar with the points of entry and exit to and from Milton. These gateway markers will signify where one enters the City of Milton and it will be designed in such a way that it reflects the character of Milton. The gateway markers will give residents of Milton a sense of place and will show visitors a bit of Milton’s unique character. Concurrent Review: Chris Lagerbloom, City Manager Department of Public Works Attachment: • GDOT Mowing and Maintenance Agreement Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 09- \ RESOLUTION AUTHORIZING THE CITY OF MILTON TO APPLY FOR AND ACCEPT A GATEWAY GRANT, UPON AWARD OF THE GRANT, THE CITY OF MILTON SHALL ENTER INTO A MOWING AND MAINTENANCE AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED by the City Council and the Mayor of the City of Milton, Georgia while in a Regular Meeting on October _____ 2009 at 6:00 p.m. as follows: WHEREAS, the City of Milton is a new City, established in 2006, and prior to establishment, the area was unincorporated Fulton County, and now there is a need to define where the City of Milton starts and ends; and WHEREAS, the City of Milton does not currently have gateway markers that represent the City’s character and vision; and WHEREAS, the residents of Milton have identified areas and have expressed a strong desire to implement gateway makers along rights of way that enter and exit the City; and WHEREAS, the Georgia Department of Transportation GATEway Grant program offers financial assistance for design and landscaping around signs/markers in the state’s rights of way; and WHEREAS, the City Council wishes to authorize the City to apply for a GATEway Grant from the Georgia Department of Transpiration and, if awarded, to enter into a Mowing and Maintenance Agreement between the City of Milton and the Georgia Department of Transportation. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby approve: Section 1. The City Council of the City of Milton hereby authorizes the City of Milton to apply for a Gateway Grant. Upon award of the grant, the City of Milton shall enter into a Mowing and Maintenance Agreement between the City of Milton and the Georgia Department of Transportation Page 2 of 2 Section 2. The City Clerk of the City of Milton is hereby directed to send copies of this resolution to the Department of Transportation and all other persons as directed by the City Council. RESOLVED this ______ day of October 2009. Approved: ____________________________ Joe Lockwood, Mayor Attest: ____________________________ Jeanette R. Marchiafava, City Clerk Georgia Department of Transportation And Grant Recipient,Grantee, Memorandum of Agreement THIS AGREEMENT is entered into the ____ day of _________, Year, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, (hereinafter referred to as the “Department”), and Grant Recipient (hereinafter referred to as the “Grantee”). All obligations of The Grantee under this Agreement will be performed by the Grantee or the subcontractor of the Grantee, The Contact Person, (hereinafter sometimes referred to as the “Contract Person”). WITNESSETH: WHEREAS, The Grantee desires to obtain grant funding to Describe Landscape Proposal Here, (hereinafter sometimes referred to as the “Project”); and WHEREAS, the DEPARTMENT desires to Describe Roadside Improvement Goal Here.NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree as follows: 1. Scope of Project: The Grantee agrees to Scope of Project. Add additional project scope facets. In addition, the proposed Grantee will include describe documents to be submitted, requested by the Department, which will Purpose of Submitted Documents. A Scope of Project is attached as Appendix A and incorporated herein by reference. The GRANTEE agrees to accept and abide by the following guidelines as it relates to the Project: • USDOT/FHWA, A Manual on Uniform Traffic Control Devices – current edition; • GDOT Standard Specifications for Construction of Transportation Systems; • GDOT Special Provision Sections 202, 700 and 702; • ANSI Z 60.1 American Standard for Nursery Stock – current edition; • GDOT Scenic Byway Program and Corridor Management Plan Guidelines and Requirements • The American with Disabilities Act Landscape Guidelines for the Project shall follow the policy established for Landscaping on the DOT Right of Way (TOPPS 6755-9) and/or as established by the Landscape Architecture unit of Georgia Department of Transportation Maintenance. The undersigned, hereby certifies that all requirements of the grant program are understood, and that all information provided in this grant application is true and correct, and represents the desires of the local government entity where the project will be installed. 2. Term of Agreement: The project will be completed in the time frame of Date through Date. A Proposed Budget is attached as Appendix B and incorporated herein by reference. This project must be completed by the Grantee within thirty (30) months from the date of the signed Agreement. Failure to meet this deadline will subject these funds to reallocation. 3. Compensation: The Department agrees to pay Amount of Grant the sum of $Amount (Text Amountdollars) as a one-time grant in order to facilitate this work. Payment will be made to assist The Grantee in producing the proposed description of landscape enhancement. In addition, The Grantee agrees that no part of these funds will be used to pay indirect costs. The intent of this grant is to pay for how grant funds will be spent. 4. Usage: The Board agrees that the Department may display the project without the payment of any other fees except for what is set forth in paragraph 3 herein. 5. Notices: Any notice under this Agreement shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or certified mail – return receipt requested, to a party hereto at the address set forth below or to such other address as the parties may designate by notice from time to time in accordance with this Agreement. If to the Department Commissioner Georgia Department of Transportation No. 2 Capitol Square, S.W. Atlanta, GA 30334-1002 Att: XXXXXXXXXXX If to Grantee Address 6. Indemnifiations: The undersigned shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the negligence of the undersigned in the performance of work under this Grant Application. The undersigned hereby indemnifies and hold harmless the DEPARTMENT, its officers, agents, and employees from and against any and all claims, damages, losses and expenses arising out of the undersigned’s negligent acts, errors or omissions in the performance of this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 7. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties hereto and replaces, cancels, and supersedes any prior agreements, understandings relating to the subject matter hereof; and all prior representations, agreements, understandings, and undertakings between the parties hereto with respect to the subject matter hereof are merged herein. 8. Amendment: The parties recognize and agree that it may be necessary or convenient for the parties to amend this Agreement so as to provide for the orderly implementation of all the undertakings described herein, and the parties agree to cooperate fully in connection with such amendments if and as necessary. However, no change, modification or amendment to this Agreement shall be effective unless the same is reduced to writing and signed by the parties hereto. 9. Governing Law: This Agreement is executed in the State of Georgia, and all matters pertaining to the validity, construction, interpretation and effect of this Agreement shall be governed by the laws of the State of Georgia. IN WITNESS WHEREOF, the parties have caused the authorized representatives of each to execute this Agreement on the day and year first above written. GEORGIA DEPARTMENT OF TRANSPORTATION: Recommended: Contact/Representative ON BEHALF OF Grantee Organization: ________________________________________ State Maintenance Engineer By:________________________________________ Title ________________________________________ Chief Engineer ATTEST: ________________________________ Title DEPARTMENT OF TRANSPORTATION FEI #: _________________________________ By: ____________________________________ COMMISSIONER ATTEST ________________________________________ Treasurer ________________________________________ Legal Services APPENDIX A ATTACH SCOPE OF PROJECT APPENDIX B ATTACH PROPOSED BUDGET