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HomeMy WebLinkAbout04-25-11 Packet CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, April 25, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Robert Wood, St. Aiden’s Episcopal Church, Alpharetta, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 11- 075) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 21, 2011 Regular Council Meeting. (Agenda Item No. 11- 076) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and Stewart- Cooper-Newell Architects, PA, to Provide Site Planning for the Proposed Public Safety Facility on Highway 9 in the Amount of $ 5,000.00. (Agenda Item No. 11- 077) (Carter Lucas, Public Works Director) Page 1 of 5 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. MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 25, 2011 Page 2 of 5 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. 3. Approval of a Professional Services Agreement between the City of Milton and Breedlove Land Planning, Inc., to Provide Conceptual Engineering Plans for the Proposed Public Safety Facility on Highway 9 in the Amount of $5,500.00 (Agenda Item No. 11- 078) (Carter Lucas, Public Works Director) 4. Approval of a Change Order for Engineering Services Agreement between the City of Milton, Georgia and A&R Engineering for Intersection Improvements at Cogburn Road and Bethany Bend in the Amount of $4,225.00. (Agenda Item No. 11 - 079) (Carter Lucas, Public Works Director) 5. Approval of Engineering Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc for a Phase I Environmental Site Assessment for the 15690 Hopewell Road Property in the Amount of $1,500.00. (Agenda Item No. 11 - 080) (Carter Lucas, Public Works Director) 6. Approval of a Contract in an Amount not to Exceed $510,170.00 for a City-wide Road Patching and Repair Contract with Blount Construction Company, Inc. (Agenda Item No. 11 - 081) (Carter Lucas, Public Works Director) 7. Approval of a Contract between The Commission on Accreditation for Law Enforcement Agencies, Inc. (C.A.L.E.A.) and the City of Milton. (Agenda Item No. 11 - 082) (Deborah Harrell, Police Chief) 8. Approval of a Contract between the Atlanta Regional Commission and the City of Milton to Commence a Livable Centers Initiative Study Project. (Agenda Item No. 11 - 083) (Lynn Tully, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Presentation of the City of Milton FY 2010 Annual Audit. (Presented by Adam M. Fraley, CPA, Mauldin and Jenkins) 2. May is Older Americans Month Proclamation. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 25, 2011 Page 3 of 5 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. 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Approval of the Issuance of an Alcohol Beverage License to Cosmo Foods, LLC d/b/a Paradise Biryani Pointe located at 5310 Windward Parkway, Suite D, Milton, Georgia 30004. The Applicant is Pavan Bandi for Consumption on Premises – Wine and Malt Beverages. (Agenda Item No. 11-084) (Stacey Inglis, Finance Director) 9) ZONING AGENDA 1. RZ11-02 – Requested by Ashton Atlanta Residential, LLC Located at State Route 9 (south side) just west of Sunfish Bend to Rezone from C-1 (Community Business) to TR (Townhouse Residential) to Develop 43 Single Family Lots on 8.26 Acres for an Overall Density of 5.21 Units Per Acre. (Agenda Item No. 11-067) (First Presentation at April 11, 2011 Regular Council Meeting) (Presented by Lynn Tully, Community Development Director) 2. U11-01/VC11-01 – Requested by Union Primitive Baptist Church Located at 335 Cox Road to Increase the Size of the Existing Fellowship Hall 2,060 Square Feet to 3,000 Square Feet and a Concurrent Variance to Delete the 50-foot Undisturbed Buffer and 10-foot Improvement Setback along the West Property Lines to Allow the encroachment of the Existing Driveway, Basketball Court, Portion of the Fellowship Hall and the Cemetery. [Sec. 64-1141(3)a.] (Agenda Item No. 11-068) (First Presentation at April 11, 2011 Regular Council Meeting) (Presented by Lynn Tully, Community Development Director) 3. ZM11-01 – Requested by Charles Feyt Located at Lot #9 – Atlanta National Subdivision (Crooked Stick Drive) to Modify Condition 1.e. (RZ85-181) to Reduce the 100-foot Building Setback Along the South Property Lines to 50 feet and to Reduce the 100-foot Building Setback Along the West Property Line to 40 Feet. (Agenda Item No. 11-069) (First Presentation at April 11, 2011 Regular Council Meeting) (Presented by Lynn Tully, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 25, 2011 Page 4 of 5 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. RZ11-03 – To Amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District). (Agenda Item No. 11-070) (First Presentation at April 11, 2011 Regular Council Meeting) (Discussed at April 18, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) 5. RZ11-04 – To Amend Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading). (Agenda Item No. 11-071) (First Presentation at April 11, 2011 Regular Council Meeting) (Discussed at April 18, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) 6. RZ11-05 – To Amend Chapter 64, Article XVII, Section 64-2453 (Creation of a Historic Preservation Commission). (Agenda Item No. 11-072) (First Presentation at April 11, 2011 Regular Council Meeting) (Discussed at April 18, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution Amending Resolution Nos. 10-12-165, 10-09-155, and 10-08- 68 Appointing Members of the Historic Preservation Commission for the City of Milton Pursuant to Ordinance No. 10-06-65, Chapter 64, Article XVII, Section 64-2453. (Agenda Item No. 11-085) (Presented by Lynn Tully, Community Development Director) 2. Ratification of a Purchase and Sale Agreement between the City of Milton, Georgia and Branch Banking and Trust Company for the purchase of Property at 15690 Hopewell Road, Milton, Georgia 30004. (Agenda Item No. 11-086) (Presented by Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 25, 2011 Page 5 of 5 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. 14) EXECUTIVE SESSION (None) 15) ADJOURNMENT (Agenda Item No. 11-087) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: April 8, 2011 for the April 25, 2011 Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Stewart-Cooper-Newell Architects, PA, to provide site planning for the proposed public safety facility on Highway 9 in the amount of $5,000.00. Background: The City of Milton has recently acquired property on Highway 9 for a future public safety facility. Professional design services are needed to assist the City in pre-planning efforts. Discussion: Stewart-Cooper-Newell Architects, P.A. has experience in over 200 public safety facilities. Providing services for a concentrated pre-planning phase will benefit the overall result of the project. Legal Review: Paul Higbee, Jarrard & Davis on 4/1/2011 Attachments: Professional Services Agreement City of Mflton 1(1� PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Site Planning for Public Safety Site on Highway 9 It -s Prot essionat Services Agreement (the "Agreement") is made and entered into this day of 2011, by and between the CITY OF MILTON, GEORGIA, (hereinafter referred to as th `°City"), and Stewart -Cooper -Nowell .Architects, P.A. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform t ervices described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work., and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and. Consultant, in consideration of'the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached heTelo and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE To the extent that there may be any conflict among the Contract Documents, the provision operating niost to the benefit of the City shall goNvm. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Docuznents, the Werk shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Werk, which is generally described as the development of a site plan and general building square footage as defined in Exhibit A. Section 3. Contract Time. Consultant understands that time is of the essence of this Agreement and warrants that it wi 11 perform the Work in a prompt planner, which shall not impose delays on the progress of the Work. It shall commence Nk'ork pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 14 calendar days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Werk requiring an increase in the Contract Price, as defined below, shall require a �,v ritten change order executed by the City in accordance with, its purchasing regulations. Section 5. Comt7ensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work., setting forth in detail the services performed and costs incurred. invoices shall reflect charges incurred versus Charges budgeted. Page 1 of 4 The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump surra fee of 55,000 plus $500 in reimbursable expenses (the "Contract Price"), except as outlined its Section 4 above. Reimbursable expenses shall be paid only upon delivery of receipts for services rendered and shall be billed for direct casts only. Consultant. shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the: event it cannot perform. the Werk within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Coveriants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B Rck�Mndbility oe Consultant nresponsibilityuland Indemnification of City: Consultant covenants and agrees to . for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub-const€ltant; anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub-conconsultant may be liable, .regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Irick cizdent Coiisultxuit. Consuluu-it hereby covenants and declares that it is engaged is as independent business and agrees to perform the Werk as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the Cather to any third person or otherwise to act in any way as the representative of the ether, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and them only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf sof City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. 1, rises. Certific t n ltd Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional. City, and local boards. agencies, commissions, committees or ether regulatory bodies to perforin the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownershi of Work: All reports, drawings, specifications, and other items prepared, or in the process of being prepared for the Weak by Consultant ("materials') shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable Page 2 o f 4 subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Ken Newell shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Consultant shalt meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Scetion 7. Standard of Care: In providing services wader this Agreement, the Consultant shall perform in a manner consistent with Haat degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the saute or similar locality. Section S. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Guvernutg Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of countetp-m-ts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing eontaitied in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 3 of 'l [Stewart -Cooper -Newell Architects, P_A.1 Si rnatum. Title: [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA .doe Lac w dpayor Printed Name: _41melm ' � Page 4 of 4 Exhibit A Work Description Stewart • Cooper • Newell April 1, 2011 Mr. Carter Lucas City of Milton 13000 DeeI'feld Parkway Suite 107A r Milton, Georgia 30004 Re: New Public Safety Facility Proposal of Architectural Services Dear Mr. I-LiCas. It has been a pleasure daring this year for Stewart-C.-ooper-Newe] l Architects to assist the City, in pre -planning ef'f'orts for a future public safety facility. Our experience in over 200 public safety facilities shows that the City's cofitment to a concentrated pre -planning please will restilt in a far superior result. Our phone conversation today revealed that the Cite need: to provide onsite roadway= sclret atic layout etre the project site to the School Beard by 4/25111. Per our discrr4sinn. we arc offering onr design. services as follows - Phase 1: Conceplual Site Plan Public Safety Complex Based Upon Marl fled, Fire and Police Design HandhovA Resulls Stewart - Cooper - Newell Architects (SC:NA) will receive from die lire and Police Departments minor revisions as discussed to be matte to the previously developed Fire and Police Design Handbooks. From the approved Design Handbook resuits. SCNA will develop a Conceptual Site flan layout that also relocates the onsite roadway from the northern property line, as previously sketched, w fl-te southern prciperty Iine, as discussed. The Conceptual Site Plan is to be utilized by a separate civil engineer for setting the proposed roadway horizontal and vertical location. Phase 1 design services will be performed utilizing the City's 1'rg&vsior7u1Ser- =iees Agreemem — Shorr For•rn. Our wort- product far Phase I would include- ConcelinInI Site! 1..zyoiit to be lased by wparatez e.ivil enl iafc er The proposed fee to provide Phase 1 services is $5,000, plias rermbursables. All applicable partions cif fee paid jar Option 1 will be credited W ward lire eventual, total pro, ject fee ARCHITECTURE 1.M.671,6621 PLANNING 799 East Second Avenue • Gastonia, NC 28054 - k, 704.866b3ll . F: 704.863.QG46 INTERIORS 2496 Sumter Street - Suite 202 • Columba, SC 29201 • P SM,7£5.9011 • F, $43.765.2611 CONSUL -LING v f;S�.SCY�-erctz3Eec€ .car a Phrase 2: P arliraf or FuR Public Safety° Couiple-v De.vign Sert4ces At the City's option, SCNA i.,ill wkrk with the City to provide parlial or Full design skr[ [(XN fur 11.1c Public Sucety CollilYlex. Thi uNact fee wid 16utl[ of agwi:6€I€ nt will be determined or niodic ied ai such tinie as the City authorizes to pro ed %Kith the ;gest phase: of services. These partial or full design services could include, but ars: not limited to the following: Facility Programrrz nu Schematic Desi Y1 Design Development Construction Doeu[nents Biddintl?N[eg,atiaiion Coordination Construction Administration We look forward to working with you on this important project. Please let me know ifyuu have �tny questions regarding, th;s proposal or would like any additiomil i€ formation. Sincerely. 44n A Ken Newell. AIA, LEE D AP 'ti VR)jL't VJJV%I3ltim (A P5 prxtpO4l}I l I.1io: ARCHITECTURE PLANNING INTERIMS ON Exhibit .B Insurance Certificate CERTIFICATE OF LIABILITY INSURANCE DArE(MwIDDIYvvvl 4/6/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT.- If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Watson Insurance 245 East Second Avenue Gastonia NC 28053 AFFORDING COVERAGE NAIC # ,INSUREDINSURERA:CinClnriatl Insurance Company- 10677 jStewart-Cooper-Newell, INSURERs:Cincinnati Casualty Ins. Co. 28665 .719 East Second Ave --- — Gastonia NC 28054 INSURERC;Zurich American Ins. Co. 0 INSURER 0: -- INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 142r,1471 99 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TD THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSRIADDUSUBR POLICY EFF POLICY EXP LTR , TYPE OF INSURANCE INSR WVD1.POLICY NUMBER MNIIDDIYYYY MMioDIYYYY LIMMS F'- GENERAL LIABILITY CPP082S312 7/7/2010 7/7/2011 i EACHOCCURRENCE $1,000,000 PREMISES Ea occurrence $500, 000 X COMMERCIAL GENERAL LIABILITY �— CLAIMS -MADE OCCUR I MED EAP [Any one person] $3.0, 000 I .. X BBLX PERSONAL& ADV INJURY j $1, 000, ODO GENERAL AGGREGATE $210001000 _ GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS - COMPIOPAGG $2.000, ODO X .POLICY �1 PRO- JFCT LOC $ A AUTOMOBILE LIABILITY CRAOS25312 7/7/293.0 7/7/2011 COMM N ED SIN GLE L IMiT $500,000 [Ea accident] X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per aoc dent) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ - .-- X NON-OWNEDAUTps $ A UNIBRFILA LIAR X OCCUR CPP01925312 7/7/2010 7/7/2011 EACH OCCURRENCE $1,000,000 AGGREGATE $1,0001000 w EXCESS LIAS CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y1 N WC89978050a 7/7/2010 7/7/2011 g I WC LIMIT 5k JORY '••--- ANY PROPRIETOWPARTNEMEXECUTIVE E.L. EACH ACCIDENT $100,000 OFFICERIMEMSER EXCLUDED? ❑NIA E.L- DISEASE - EA EMPLOYEE $100,000 (Mandatory in NH) K yes. describe urKW DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $500,000 C Professional Liability - ;EOC926051603 4/17/2010 4/17/2011 Occurence $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLE5 {Attach ACORD 101, Additional Remarks Schedule, if more space Is required} GERTIFIGATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton Re: New Public Safety Facility 13000 Deerfield Parkway, Suite 107A Milton GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved, ACORD 25 {2009109} The ACORD name and logo are registered marks of ACORD City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: April 13, 2011 for the April 25, 2011 Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Breedlove Land Planning, Inc., to provide conceptual engineering plans for the proposed public safety facility on Highway 9 in the amount of $5,500.00. Background: The City of Milton has recently acquired property on Highway 9 for a future public safety facility. Professional design services are needed to assist the City in coordination with the Fulton County School Board to facilitate the design and review of the site in conjunction with the proposed access road to the school. Discussion: Breedlove Land Planning, Inc. is currently the engineer of record for the Fulton County School Board property. Use of this firm to provide both the design services for the access road as well as the site development will provide better coordination between the two projects. Legal Review: Paul Higbee, Jarrard & Davis on 4/12/2011 Attachments: Professional Services Agreement City of Milton PROFESSIONAL SERVICES AGREEMENT -- SHORT FORM AGREEMENTS $14,000.00 OR LESS Conceptual Engineering Design for Public Safety Site on Highway 9 This Professional Services Agreement (the "Agreement") is made and entered into this 12th day of April , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Breedlove Land Planning, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the development of conceptual engineering plans for the proposed public safety facility located on Highway 9 and as further defined in Exhibit A. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 21 calendar days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the Page 1 of 4 services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $5,500 plus $500 in reimbursable expenses (the "Contract Price"), except as outlined in Section 4 above. Reimbursable expenses shall be paid only upon delivery of receipts for services rendered and shall be billed for direct costs only. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section b. Covenants of Consultant A. Assienment of A rg eement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. S. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub-conconsultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit S. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the Page 2 of 4 City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Matt Tanner shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 3 of 4 [Breedlove Land Planning, Inc.] Signature: � ] ��"�� Printed Name: Title: € r) n G i Pa 1 [AFFIX CORPORATE SEAL] CITY OF MII,TON, GEORGIA Joe Lockwood, Mayor Page 4 of 4 Exhibit A Work Description Project Description: The project is located on a 4.96 acre +1- tract of land with frontage on Highway 9. The address is 13690 Alpharetta Hwy on land lots 903 & 898 in the 2nd district of Fulton County. This Project includes the conceptual site grading and drainage plans for a City of Milton Fire Station, Police Station, and associated parking and drives. This conceptual design will be coordinated with the design of the driveway connection from this property to the Bethany Rd. High School. Basic Scope of Services. ■ Conceptual Site Plans for New Fire Station, Police Station, Associated Parking, and Stomwater Infrastructure; ■ Conceptual Grading and Drainage Plan to balance cut & fill earthwork to within 10% of total earthwork volume; ■ Conceptual Layout and Elevations of site walls if determined to be necessary; • Conceptual Design of Stormwater management facility(s) including water quality treatment, channel protection treatment and detention as required by local governing authority; • Cost estimate based on conceptual site plans. Task #1. Base Data Coordination City will provide Consultant with a current and accurate ground run (two (2) foot contour interval) topographic and boundary survey (stamped reproducible) and .DWG or .DXF digital CAD file of survey. City will provide Consultant with a final building floor plans in .DWG or .DXF format. City will provide Consultant with geotechnical exploration report findings. Task #2. Site Work Conceptual Grading and Drainage Plans Consultant will prepare conceptual site grading and drainage drawings based on approved architectural site plan to be provided by City. These conceptual drawings may be combined as determined by Consultant. These site conceptual drawings will consist of: a_ Site Layout Plan that will include layout of drives, parking, sidewalks, required ADA parking/access and related site improvements. ADA access from accessible parking to the primary building entrance will be reflected per ADA requirements. b. Site Grading/Drainage Plan that will include proposed grading for the site improvements, existing and proposed contours, spot elevations, storm drainage system, water quality system, and general notes. ADA access route between accessible parking and primary building entrance will be graded per ADA requirements. c. Site retaining walls will be designed for grading purposes only, including top and bottom grades of walls and elevations. This will not include any structural design of walls. Task U. Cost Estimate Consultant will prepare detailed order of magnitude cost estimate for site work based on conceptual grading and drainage plans. Additional Services: Should Client request additional work beyond the scope of work (basic services) listed and described herein, the billing will be based on our hourly rates listed below: Principal $150.001hr Senior Landscape Architect/Senior P.E. (Associate) $125.00/hr Registered Landscape Architect/P.E. $100.00Ihr Env. Designer/E.I.T. $85.00/hr Technician $65.00ft Clerical $40.00/hr Mileage $00.50lmile Exhibit B Insurance Certificate OP ID: EC '4C�wO Ili CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDNYYY) 04112111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement_ A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 404-377-7774 Townle- Kenton InsuranceNNc 125 Clalremont Ave, Ste 520 404-377-8517 Decatur, GA 30030 Alvin M Townley, Jr, NAME CT FAX ;HCExt : INC, No):--.. ...... E-MA1L ADDRESEPRODUrR - C T MERID,13REED•1 EACH OCCURRENCE INSURER(S) AFFORDING COVERAGE I NAIC # _ _ INSURERA:American Casualty Co ReadingPA 20427 INSURED Breedlove Land Planning Michael W. Breedlove _ INSURER B; Continental Ins Co, A„XV •35289 510 McDaniel Mill Road Conyers, GA 30012 INSURER c: Continental Casualty Co, A,XV 20443C INSURER D: National Fire Insurance Compny 20478 $ 100,00 INSURER E; INSURER r: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMI➢DIYYYY MMiDDIYYYY LIMITS ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE I Milton, GA 30004 Fe_Q_ LID EACH OCCURRENCE $ 1,000,00 A COM MERCEAL GENERAL LIABILITY X 1063657305 01128111 09128/12 QAM ET RENTED PREMISES Ea occurrarlce $ 100,00 CLAIMS -MADE Or -CUR MED EXP (Anyone person) $ 100,00 PERSONAL a ADV INJURY 1$ 1,000,00 A X Fire Legal Liab 1063657305 01128111 01128112 $100,0 00 OGG u rre n GENERALAGGREGATE $ 2,000,00 GEN'LAGGREGATELIPAITAPPLIESPER, PRODUCTS -COMPIOPAGG S 2,000,00 $ RO LOC POLICY X PRO- Ll 6 . AUTOMOBILE LIABIUTY ANY AUTO 2092714242 01128111 4lJZ$j9Z COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) 5 1,000,00 S ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS $ PROPERTY DAMAGE (Per accident) $_ X NON-OWNEDAUTOS x Hired Physical $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1 $ 4,000,00 C - EXCESS LIAB CLAIMS•MADE 2077882766 01128111 01128112 AGGREGATE - $ 4,000,000 - _ DED'JCT;BLE $ $ X RETENTION S 10,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY FR OPRIETORIPARTNERIEA.EGUT IVE YIN 'WC 171899214 01122JI1 01/22/12 I x WC STATU- (H- R LIMITSER E. L. EACH ACCIDENT $ 1,000,000 OFF ICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) NIA I E.L. DISEASE- EA EMPLOYEq S 1,0007000 E. L. DISEASE -POLICY LIMIT I S 1,000,000 If yyes, describe under DESCRIPT10N0F0PERATIONS below C PROFESSIONAL 004315901 01/14111 01/14112 PER CLAIM 1,000,000 AGGREGATE 2,000,000 DESCRIPTION of OPERATIONS(LOCATIONS 1 VEHICLES [Attach ACORD 101, Additional Remarks Schedule, if more space is requiredl The City of Milton is included as respects to Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION d 1988-2009 ACORD CORPORATION. Atl rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. Carter Lucas AUTHORIZED REPRESENTATIVE 13000 Deerfield Parkway # 107G Milton, GA 30004 Fe_Q_ LID d 1988-2009 ACORD CORPORATION. Atl rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: April 12, 2011 for April 25 Council Meeting Agenda Item: Approval of a Change Order for Engineering Services Agreement between the City of Milton, Georgia and A&R Engineering for Intersection Improvements at Cogburn Road and Bethany Bend in the Amount of $4,225.00. Background: In coordination with the roadway improvements for the Fulton County Schools Bethany Bend High School project, the City is designing and providing construction funds for the portion of the intersection improvements outside of the school property. A&R Engineering is the consultant currently working on final design plans for the intersection improvements. Discussion: During the final design of the intersection improvements it was determined that the addition of a dedicated right turn lane on the southbound Cogburn Road approach would improve the operation of that leg. This change order is to develop the design for that addition, a cost estimate for that work and the necessary right-of-way plats (3 are anticipated) for the intersection improvements. The budget for this work will be from Capital Project Fund, Bethany at Cogburn Intersection Improvement. Legal Review: Paul Higbee, Jarrard & Davis on 3/30/11 Attachments: 1. Agreement b City of Milton CHANGE ORDER FOR ENGINEERING SERVICES AGREEMENT Intersection Improvements at Cogburn Road and Bethany Bend WHEREAS, the City of Milton, Georgia and A&R Engineering, Inc. have entered into a Engineering Services Agreement (the "Agreement") dated October 41h, 2010, incorporated herein by reference, for the intersection improvements at Cogburn Road and Bethany Bend; and WHEREAS, the parties desire to issue a change order pursuant to Section 8.0 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to change the Agreement as follows: 1. Section 1.0 Scope of Work; Compensation is amended by replacing "...lump sum fee of $13,900..." with "...lump sum fee of $16,400, plus $575 per right-of-way plat..." 2. Exhibit "A" Scope of Work is amended by adding the following: TASK 4 — RIGHT TURN LANE Design a southbound right turn lane on Cogburn Road at the intersection of Bethany Bend. This design would also include left turn phases in the northbound and southbound direction. Preliminary construction cost estimates will be provided for these items as well. The signal design modification will include any modifications required by the addition of the southbound right turn lane. TASK 5 — RIGHT-OF-WAY PLATS WITH LEGAL DESCRIPTIONS Consultant shall prepare up to three right-of-way plats with legal descriptions in sufficient detail to facilitate right-of-way acquisition. 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement,. including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attorney [SIGNATURES ON FOLLOWING PAGE] n Aj, lydMilton SIGNED, SEALED, AND DELIVERED in the presence of - Witness Notary Public [NOTARY SEAL] My Commission Expires: IQ 9 L-41I/j/ A&R Engineering, Inc.: Signature: Printed Name: ' Title: k� Member/Manager CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: " LCoy d Miklos 0k%lilettlo+DO ! Ifo f' =r��RAa °HC4y��'. .. 0G =— . �: 21, '•• LINTY, ,. 10i111 - [CITY SEAL] City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: April 12, 2011 for April 25, 2011 Council Meeting Agenda Item: Approval of Engineering Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for a Phase I Environmental Site Assessment for the 15690 Hopewell Road Property in the Amount of $1,500.00. Background: The city currently has a tract located at 15690 Hopewell Road under contract. This work is being performed as part of the general due diligence prior to purchasing the property. Discussion: During the review time provided in the purchase agreement staff is recommending a Phase I environmental site assessment be performed on the subject property. This work is necessary to determine if any unknown issues exist on the site that may affect the city’s ability to develop the property. Legal Review: Professional Services Agreement – Paul Higbee, Jarrard & Davis on 4/8/2011 Attachments: 1. Agreement City of Milton PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS 15690 Hopeiveli Road Property AharoFessional Services Agreement (the "Agreement"} is trade and entered into this f a� day of 2011, by and between the CI'T'Y OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perforin the services described herein (the "'Work"); and °U HEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all Iocal conditions and applicable federal, gate acid local Jaws, ordiria ices, axles and rc ulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as fullov"S: Section 1. Contras Doeu rzents: This Agreement and the following named Exhibits, attached hereto and incorporated hereat by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE To the extent that there may be any conflict among the Contract Documents, the provision operating tnost to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the 'work, which is generally described as a Phase I Environmental Site Assessment for the 2.0 acre tract located on the northtivest corner of Birmingham Road and Hopewell Road, also known as 15690 Hopewell Road. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall ami-mence Work pursuant to this Agreetnctxt on or before a date to be specifies] on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". Section d. Work Chaimes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement_ Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's Page 1 of 4 (j, receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted, The total amount paid under this Agreement for the Work shall not, in any case, exceed $1,500 (the "Contract Price"), except as outlined in Section d above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written .notice thereof immediately to the City. Section (. Cova ants of Consultant A. Assisanment of A = eement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsikrilitygf�nsultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection '.vith the Work. Consultant shall hear all losses and damages directly resulting to it on account of the negligent perf'otmance or charaeter of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including, but not li€nited to, reasonable attorney's fees. which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any subconsu.ltant, anyone directly employed by Consultant or subconsultant or anyone for whose negligent acts Consultant ar subc:on.consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnii:ied hereunder. C. Inde endcnt n tart: Consultant hereby covenants and declares that it is engaged in an independent business and agrocs to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch. as City and Consultant are parties independent of one another, neither has the authoirity to mind the outer to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge wid prior written consent (if City_ D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown. on Exhibit B. E. Licenses Certifications raid Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of !Ls industry. F. Ownership of Work: All reports, draMngs, specifications, and ether items prepared or in the process of being prepared for the (Work by Consultant C'materials") shall be the property of the City and the City shall he entitled to full access and copies of all materials. All copyrightable Page 2 of 4 6? subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidmice such assignment. G. Consultant's .Representative: Scott Thompson shall be authorized to act on Consultant's behalf with respect to the Work a3 Consultant's designate:d representative. H. Confidential : Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subconsultants, consultants, and/or staff to likewise protect such confidential information. I. Mectinps: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional Inst to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by txrembers of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any tithe upon, written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant -for Work performed to date in accordance with. Section 5 herein. Section 9. Miscellaneous A. Quyerning, Law. 'l'lris Agreement sliall be governed by the laws of the State. of Oeorgia. D. CC urzpa_ai . This Agreement may be executed in any number of counterparts, each of which shall be deemed to he an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official inununities. IN WITNESS WITEREO , the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Pagc 3 of 4 (1? [Universal Engineering Sciences, Inc.] Signature: J'& Title: �� H [AFFIX CORPORATE SEAL] CffY OF MELTON. GEORGIA Joe 1,ockwood, Mayor Printed Name: , �'CbEL D. 727b r -4-s zv� Page 4 of 4 Exhibit A Work Description dear Mr, Lucas. PE: Universal Engineering Sciences (UESy appreciates the opportunity to submit this proposal for performance of a Phase l Site Assessment of the aforementioned site. This proposal presents a brief description of our understanding of the project, the work scope, and our compensation. PHASE l ENVIRONMENTAL SITE ASSESSMENT The objective of the Phase i ESA is to provide ars independent, professional opinion regarding recognized environmental conditions (RECs) associated with the referenced property. Specifically, we will use American Society for Testing and Materials Standard E 1527-05, Standard Practice for Environmental Site Assessments: Please 1 Environmental Site Assessmeni Process as a guideline. The following tasks will be compteted during the assessment. • Interview key site personnel, as available, regarding current and previous uses of the property, partioularly activities involving hazardous materials and -wastes. ■ Investigate historical use of the property by examining locally available aerial photographs and other readily available historical information (e.g„ fire insurance maps, city directories). • Review property records (e.g., Tax Assessors Office) to ascertain previous ownership and historical property use, to the extent these records are available. This may not result in a 50 year chain -of -title. • Document information available on general geology and topography of the property, local groundwater conditions, sources of water, power, and sewer, and proximity to ecologically sensitive~ receptors (e.g., streams). • Conduct an onsite walkthrough inspection of the property for visual evidence of potential environmental concerns including: -• Existing or potential soil and water contamination, as evidenced by soil staining, discoloration, stressed vegetation, or indications of waste dumping/burial Pits, ponds, orlagoons 3040 Business Park Drive, Suiie F NOr= Ss, Geargia 30071 :1 (770) 202-6438 [ Fax (7 70) 242-6380 ti"vw.UniversalE ngincering,com LOCATIONS, UNIVERSAL• rq8 j9nlA : • Daytona Bench ENGINEERING SCIENCES • FoFarr;PAyers • -_ Pierre Convutkt w,'r; n; C,ea=eill TiCcli L -glweLfmg - Fitvl:-Onmental science" • Gahles nii2 Geophysir-al Services • C:oilartzrkion Mater1.*Tr•_s1i1q • Threshold Inspection .facksomHe n Reew • BuiIding Code Ad 11lfiEf.{ing Inspection • P1rvim Kissimmee r I.BOO.ruq • Miami • ocaie April 5. 2011 odakido PaIM co{aseadgoarWrs) • Panaina city City of Milton • PEA$8C048 Rocrlc<tga 13000 Deerfield Parkway Sarasota Suite 107G • Tampa Wast Palinae= Milton, Georgia 30004 Attention: Mr. Carter Lucas, PE Reference: Proposal for Phase f Environmental Site Assessment and Preliminary Gcotechnicaf Exploration 15090 Hopewell Road Milton, GA UES Proposal No. 1040.0411.00001 dear Mr, Lucas. PE: Universal Engineering Sciences (UESy appreciates the opportunity to submit this proposal for performance of a Phase l Site Assessment of the aforementioned site. This proposal presents a brief description of our understanding of the project, the work scope, and our compensation. PHASE l ENVIRONMENTAL SITE ASSESSMENT The objective of the Phase i ESA is to provide ars independent, professional opinion regarding recognized environmental conditions (RECs) associated with the referenced property. Specifically, we will use American Society for Testing and Materials Standard E 1527-05, Standard Practice for Environmental Site Assessments: Please 1 Environmental Site Assessmeni Process as a guideline. The following tasks will be compteted during the assessment. • Interview key site personnel, as available, regarding current and previous uses of the property, partioularly activities involving hazardous materials and -wastes. ■ Investigate historical use of the property by examining locally available aerial photographs and other readily available historical information (e.g„ fire insurance maps, city directories). • Review property records (e.g., Tax Assessors Office) to ascertain previous ownership and historical property use, to the extent these records are available. This may not result in a 50 year chain -of -title. • Document information available on general geology and topography of the property, local groundwater conditions, sources of water, power, and sewer, and proximity to ecologically sensitive~ receptors (e.g., streams). • Conduct an onsite walkthrough inspection of the property for visual evidence of potential environmental concerns including: -• Existing or potential soil and water contamination, as evidenced by soil staining, discoloration, stressed vegetation, or indications of waste dumping/burial Pits, ponds, orlagoons 3040 Business Park Drive, Suiie F NOr= Ss, Geargia 30071 :1 (770) 202-6438 [ Fax (7 70) 242-6380 ti"vw.UniversalE ngincering,com 15690 Hopewell Road, Milton Milton, GA 1040.0411.00001 April 5, 2011 -- Containers of hazardous substances or petroleum products -- Flectricai equipment that may contain polychlorinated b1phanyls (PCBs), such as electrical transformers and capacitors -- Underground storage tanks (UST's) Aboveground storage tanks (ASTs) -- Suspect asbestos containing materials (ACINI). If there is readily visible suspect ACM it will be noted. No bulk material samples will be collected, nor any detailed description will be given. • Review readily available information with respect to radon gas potential. • perform a property line visual assessment of adjoining property for evidence of potential environmental conditions that may affect the subject property. + Identification of wetland conditions, protected species and habitat, and cultural and archeological resoUrces wilt be evaluated by the review of the National Wetlands inventory, National Historic Register, and U.S. Fish & Wildlife databases. If UES determines frorn the review of the aforementioned databases that suspect wetlands, rotected species, and __ _ ._____ -- cultural and archeological resources exist at the site, uBS will make the appropriate recommendations in the Phase I ESA Report for further evaluation. ■ Review a commercial database summary of federal and state regulatory agency records pertinent to the site and properties within ASTM recommended search distances, including (1) the rational Priorities List (NPL) and the Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) inventory maintained by USEPA, (2] inventories of known or suspected sites of environmental impairment maintained by state and local regulatory authorities, and (3) underground storage tank registration inventories maintained by state and local regulatory authorities. • In order to qualify for one of the Landowner Liabrfify Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2009 (the 61ownflefds Amendments'), the user- must provide the user questionnaire to the environmerafaf professional. Failure to provide this information could result in a determination that "all appropriate inquiry" is not complete. The user questlonnaire is provided as an attachment to -this proposal, • The user is required to provide information regarding environmental liens. The scope of the environmental cleanup lien search is limited to reasonably ascertainable land title records. • Prepare a written report including work performed, findings, conclusions, and recommendations for additional investigation (as necessary) to evaluate identified RE -Cs or business environmental risks that may have an impact on site development, if possible, please provide the following information/documents: • Piot plan and legal description. • Any other data, previous reports, or information with respect to the subject property - Questionnaire (attached) Page 2 of 8 13$94 Hopevielt Road, Milton Milton, GA PRELIMINARY GEOTECHNICAL EXPLORATION 1040,0411,00001 April 5, 2011 UES will perform six hand augers to a maximum depth of eight feet or hand auger refusal, whichever occurs first. These hand augers will be performed in areas designated to potentially become future parking. A letter report detailing our findings will be provided. COMPENSATION Compensation for our services will be on a lump sum basis for a fixed fee total of $2,500.00 ($1,500.00 for the Phase 1 ESA, and $1,000.00 for the Preliminary Geotechnical Exploration). If conditions are encountered which may warrant additional work, we will contact you for approval Wore proceeding. TIME SCHEDULE We expect to complete the work and submit formal reports within three weeks of authorization. Additionally, we will provide you with verbal results of pertinent issues as they arise. If a tighter schedule is required please let us know. In addition, we will verbally discuss pertinent Cgeotermnical items of work with you ,as they are obtained. CLOSURE We look forward to working with City of Milton during this phase of the project. Should there be any questions regarding the proposed work or compensation, please contact us. Sincerely, ilniv aI etgi ening Sciences, Inc. i Of Scott 10. Thomson Branch Manager Page 3 of a Exhibit B Insurance Certificate Client#: 1405231 131LINIVEENG ACORD-,., CERTIFICATE OF LIABILITY INSURANCE DATE [MMIDDIY 4/1112 0 1 1 YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T - J. Rolfe Davis PO Box 4927 Orlando, FL 32802-4927 CONTACT NAME: PHONE 407 691-9600 F°'t 888-635-4183 E CALL Extj: AIG, No ADDRESS: Du ER 407 691-9600 CUSTOMER ID #' $5,000,000 X COMMERCIAL GENERAL LIABILITY INSURER{S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Endurance American Specialty In 41718 Universal Engineering Sciences Inc 3532 Maggie Blvd. Orlando, Fl. 32811 INSURER B: Navigators Specialty Insurance f Charter Oak Fire IC INSURER C' Insurance Comp 36056 25615 N 25fi23 IHSURERD: The Phoenix Insurance Company INSURER E: Travelers Indemnity Co of Am $5,000 125666 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON TRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICkES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TSR ILICY TYPE OF INSURANCE N DL,SWVDR POLICYNUMBER EFF MMIDONYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X i ECC10100846402 0110112011 0110112012 EACH OCCURRENCE $5,000,000 X COMMERCIAL GENERAL LIABILITY PREM ETD RENTED PREMISESI Ea oGGunen Ce $50 ,000 CLAIMS -MADE FxI OCCUR MED EXP (Anyone person) $5,000 $55,000,000 PERSONAL &ADV INJURY _ GENERAL AGGREGATE f PRODUCTS - COMPIOP AGG $5,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: $5,000,000 POLICY X PRO LOC $ C AUTOMOBILE LIABILITY X 810544M2006 0110112011 01/011201 COMBINED SINGLE LIMIT $1. (Ea accident) 000 000 ANY AUTO _ _ B DD I LYB DD I LY l� person) - — $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SC HED LILED AUTDS PROPERTY DAMAGE $ X HIRED AUTOS (Peraccidenl) $ X NON -OWNED AUTOS B UMBRELLA LIAB , X OCCUR CH11 EXC6279921C . 110112011, 01/01/201 EACH OCCURRENCE $9,000,000 X, E%CESS LIAR CLAIMS -MATE - AGGREG_ATE 59,000,000 DEDUCTIBLE 5 1 S x RETENTION 5 0 D WORKERS COMPENSATION_ X UB544M2006-Florida 01/0112011 .0110112012 X WC STATU- OTI1- I IFR AND EMPLOYERS' LIABILITYTORY LIMIT5 51,000,000 E ANYPROPRIETOR,+PARTNEWEHECUTiVYIN ^� UB1787XB09-Georlga 01/0112011 01/011201��E.L.EACH ACCIDENT OFFICERWMEMBER EXCLUDED? (Mandatary in NH) NIA E.L. DISEASE- EA EMPLOYEE 51,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I E. L. DISEASE - POLICY LIMIT $1,000,000 A I Professional & ECC 11100846502 01/0112011 0110112012 Each Claim $8,000,000 Pollution Liab I I Aggregate $8,000,000 DESCRIPTION OF OPERATI ON51 LOCATION 51 VEHICLES (Attach ACO RD 101, Additlonal Remarks Schedule, if mare space is required) RE: 15690 Hopewell Road, Milton, GA. (See Attached Descriptions) CFRTIFICGTF HOLnFR CANCFI I ATInN City of Milton Suite 107G SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway AUTHORIZEDREPRESENTATIVE Alpharetta, GA 30004 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S66768621M6662485 PSBE DESCRIPTIONS (Continued from Page 1) Also included is an Auto Liability Excess Policy (North River insurance Company, Policy #5317451613, policy term 1-1-2011 to 1-1-2012),which provides an additional $1,000,000 excess liability layer above the underlying $1,000,000 liability limits provided by primary auto policy with Charter Oak Fire Insurance Company. The $9,000,000. Excess Liability policy is excess above the underlying and excess layers. Additional Insured status is granted with respect to General Liability if required by written contract per endorsement Additional Insured -Owner, Lessees or Contractors -Automatic Status When Required in Construction Agreement with You Form #CG2033 07104. Primary and Non -Contributory with respects to General Liability if required by written contract per "Automatic Primary and Non -Contributory Insurance Endorsement, Designated Work or Project(s) Form# FEI-548-ECC0708.Additional Insured status is granted with respect to Automobile Liability if required by written contract per endorsement Business Auto Extension Endorsement Form #CAT353 0609. AMS 25.3 (2009109) 2 of 2 #S6676862lM6662485 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on April 13, 2011 for the April 25, 2011 Council Meeting Agenda Item: Approval of a contract in an amount not to exceed $510,170.00 for a city- wide road patching and repair contract with Blount Construction Company, Inc. Background The city has solicited bids for city wide patching and pavement repair services. Discussion The city issued an Invitation to Bid (ITB) to seek qualified paving contractors to implement a city wide pavement repair program. This program will provide for repairs and patching to the following roads: 1. Thorntree Run from Tullamore to cul-de-sac, 2. Drummond Pond from North Valleyfield to cul-de-sac, 3. Kennsington Farms Dr from Birmingham Hwy (SR 372) to cul-de-sac, 4. Powers Court Ave from Birmingham Hwy (SR 372) to cul-de-sac, 5. Richmond Glen Dr from Birmingham Hwy (SR 372) to Richmond Glen Cir, 6. Richmond Glen Cir. Form Richmond Glen Dr to Richmond Glen Dr, 7. Glencreek Way from Francis Rd to cul-de-sac, 8. Francis Rd Thompson Rd to the County Line, 9. Sandpoint Trace from Plantation Trace to the cul-de-sac, 10. Creek Club Dr from Chipping Wood Crt to Autumn Close, 11. Autumn Close from Creek Club Dr to S Heron, 12. Country Ridge Rd from Thompson Rd to cul-de-sac, 13. Avensong Village Cir from Avensong Ives Way to Avensong Ives Way, 14. Aventide Ln. from Avensong Village Cir to Avensong Village Cir. This ITB was advertised and bids were received in compliance with the city’s purchasing policy. Five (5) bids were received by the city and ranged from $510,170.00 to $628,824.00. Staff recommends award of the contract to the lowest responsible bidder, Blount Construction Company, Inc., in an amount not to exceed $510,170.00. Concurrent Review Legal Review - Jarrard & Davis – Paul Higbee on 4/06/11 1 1 The City of Milton requires 51% participation by the Prime Contractor on all projects. This Patching and Repair Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), and Blount Construction Company, Inc, a corporation with its principal place of business located at 1730 Sands Place Marietta, Georgia 30067 (hereinafter referred to as the “Contractor”). W I T N E S S E T H : WHEREAS, the City issued a Invitation to Bid (ITB 11-PW1), dated March 14th,2011, to solicit bids for the FY11 City-wide Road Patching and Repair; and WHEREAS, based upon Contractor’s bid to construct, install and provide the road reconstruction services as outlined in the ITB, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB 11-PW1 ( 62 Pages), attached hereto as Exhibit “A”; 2 C. Proposal and Bid from Contractor dated April 1st,2011 (64 Pages), attached hereto as Exhibit “B”; D. Performance and Other Bonds, attached hereto collectively as Exhibit “C”; E. Contractor agrees to abide by the current edition of GDOT standard specifications of construction transportation systems. F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics as defined in Chapter 2, Article VIII, Ethics Code of the City of Milton Code of Ordinances. H. Affidavit for the Contractor pursuant to O.C.G.A. Sections 32-4-122 and 36-91- 21(e). The affidavit must be supplied by all officers, agents, or other persons who may have acted for or represented the contractor in bidding for or procuring the contract, attached hereto as Exhibit “G”. In the event of any conflict among Exhibit 'A,' Exhibit 'B' and/or this Agreement, that provision operating most to the benefit of City shall prevail. Section 2. Project Description The Project is defined generally as follows: FY11 City-wide Road Patching and Repair. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4. Contract Time Contractor agrees to complete the Project within thirty (30) calendar days from the date of Notice To Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor’s Compensation; Time and Method of Payment Contractor shall be paid unit prices, as stated in the bid schedule provide by Contractor and attached hereto, multiplied by actual quantities provided to the City at the City’s request. 3 The quantities stated in the bid schedule were only estimates. The unit prices in the bid schedule will not increase based on a change in quantity of units actually requested by the City. The City shall pay Contractor net thirty (30) days from the date of invoice for units provided to the City during the invoice period; all invoices shall include an itemized list of units provided and prices for each class of unit. No payments will be made for unauthorized work. Upon the City’s certification of Final Completion of the Project, an invoice should be submitted to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence 4 Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably 5 should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ______________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 6 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 7 (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, 8 employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing 9 coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct 10 and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “E.” The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect 11 to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 12 P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub-consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor’s compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel All of the individuals identified in Exhibit “D” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “D”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of 13 the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the City of Milton, in order for Contractor to complete the Work. 14 B. City’s Representative Matt Fallstrom shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services 15 affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway 16 Suite 107 Milton, Georgia 30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: Blount Construction Company, Inc. 1730 Sands Place Marietta, Georgia 30067 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [Blount Construction Company, Inc.] By: ____________________________________ Its: ____________________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED 17 in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ Attorney _____________ MILTON CITY COUNCIL Joe Lockwood, Mayor ____________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 18 Secretary of Owner should attest Give proper title of each person-executing affidavit. Attach seal as required. Executed in Duplicate _______________________________ of 2 19 EXHIBIT “A” FY 11 City-wide Road Patching and Repair.pdf Addendum #1.pdf 20 EXHIBIT “B” blount_11 PW1.pdf 21 EXHIBIT “C” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc.(as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as FY11 City-wide Road Patching and Repair, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their dul y authorized officers on this day of , 20 . (Blount Construction Company, Inc.) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as FY11 City-wide Road Patching and Repair, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall 25 indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed 26 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 20 . (Blount Construction Company, Inc.) By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 27 PROJECT MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal” located at 1730 Sands Place, Marietta, Georgia 30067 (770) 541-7333, and _________________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of Streets as described below in the sum of ____________________ Dollars ($__________), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated ____________________, which is incorporated herein by reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of certain Streets as contemplated by that Project for FY11 City-wide Road Patching and Repair Project (hereinafter referred to as the “Project”); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of five (5) years beginning on ______________, maintain all streets (“Streets”) involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, 28 including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Streets as described above; and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Streets, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this ____ day of __________, 20___. 29 (Blount Construction Company, Inc.) By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (Name of Contractor’s Surety) By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (ATTACH SURETY’S POWER OF ATTORNEY) 30 EXHIBIT “D” KEY PERSONEL None 31 EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “F.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Blount Construction Company, Inc) _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20__ ________________________________________ Notary Public My Commission Expires: ___________________ 32 EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Subcontractor) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20__ _________________________________________ Notary Public My Commission Expires: _________________________________________ 33 EXHIBIT “G” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA CITY OF MILTON ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________ (Owner, Partner, Officer, Representative, or Agent) of Blount Construction Company, Inc. (the “Bidder”) that has submitted a Bid to the City of Milton for the FY11 City-wide Road Patching and Repair Project. (2) He is fully informed respecting their preparation and contents of the Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid was genuine and was not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Milton, Georgia or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). (Signed) ____________________________ (Name) Subscribed and Sworn to before me ______________________________ this ________ day of ______________________, 20____. Title ___________________________ ________________________ (SEAL) My Commission Expires _______________ Date END OF AGREEMENT City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on April 13, 2011 for the April 25, 2011 Regular Council Meeting Agenda Item: Approval of a contract between The Commission on Accreditation for Law Enforcement Agencies, Inc. (C.A.L.E.A.) and the City of Milton City Manager’s Office Recommendation Approve the attached contract with C.A.L.E.A. Discussion The Milton Police Department is one of only five agencies internationally selected to receive a C.A.L.E.A. Agency Support Fund grant for 2011. As a result, the Commission will waive the agency’s initial administrative fees of $10,400 on the condition the Milton Police Department completes self-assessment and has a successful on-site assessment within three years of execution of the attached contract. In order to accept this award, the agency must sign the contract prior to the end of calendar year 2011. I see no reason to delay signing the contract once approval has been obtained. In 2009 the agency demonstrated its dedication to professionalism by being awarded Law Enforcement Certification through the Georgia Association of Chiefs of Police. State Certification was a “first step” in the journey towards achieving international accreditation. Accreditation through C.A.L.E.A. is seen as one of the top honors for a law enforcement agency and the awarding of the grant even further shows the Commission’s belief in the success of the agency. Funding and Fiscal Impact The agency will be required to submit $2,750, which is half the estimated on-site assessment costs, with the signed contract. We will have to submit another $2,750 when we request our on- site. This amount will be budgeted in the 2012 FY budget. Each subsequent anniversary of being awarded accreditation, the agency will be required to submit $3,915 to cover administrative fees and an agency on-site assessment every three years. In addition, the agency will request additional funds for training related to this project. Concurrent Review Chris Lagerbloom, City Manager Paul Higbee, Jr., Jarrard & Davis LLP 1 INITIAL LAW ENFORCEMENT ACCREDITATION AGREEMENT FOR GALEA AGENCY SUPPORT FUND (CASF) GRANT RECIPIENTS This Agreement is entered into between the with principal offices at hereafter referred to as the "Agency," Agencies, Inc., a Maryland Corporation, (full name of agency) Zip telephone number (__) and the Commission on Accreditation with principal offices at 13575 Heathcote for Law Enforcement Boulevard, Suite 320, Gainesville, Virginia 24155, telephone number (703) 3524225, hereafter referred to as the "Commission." WITNESSETH The Agency and the Commission, for and in consideration of the mutual covenants set forth in this Agreement and the compensation to be paid to the Commission as hereafter specified, covenant and agree to be bound by the provisions, terms, and covenants contained herein, WHEREFORE, each party covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT: 1.1 The purpose of this Agreement is to establish the relationships between, and set the responsibilities of, the parties of the Agreement (a) by the Commission's assessing the Agency's compliance with applicable standards established by the Commission in order for the Commission to determine if the Agency is eligible for designation as accredited, and (b) by the Agency's maintaining compliance with those standards by which they were accredited. 2. AGENCY'S RESPONSIBILITIES: The Agency agrees to: 2.1 Provide all information, documents, files, records, and other data as required by the Commission so far as the same may be provided in accordance with laws, regulations, and ordinances of the state, county, locality, or municipality in which the agency is located. 2.2 Fully and accurately respond to all communications from the Commission within ten. (10) business days from the receipt thereof. 2.3 Avoid any action or conduct that would reduce its Accreditation status with CALEA in favor of Recognition status through the Alliance Partner or GALEA. 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: 3.1 Provide necessary documentation, forms, and instructions regarding the accreditation process. 3.2 Provide Assessors for the purpose of conducting an on-site assessment of the Agency's compliance with applicable standards. 3.3 Promptly analyze compliance data and advise the Agency of the results of the on-site assessment and the need for additional information, if any. 3.4 Conduct a hearing and certify the Agency as accredited if the relevant standards are complied with. MARCH 2010 3.5 If the Agency is accredited (a) provide a certificate, and (b) make available indicia of accreditation. 3.6 If the Agency is not accredited fallowing an examination of compliance with applicable standards, provide the Agency with reasons for the Commission's decision. 4. TIME PERIOD COVERED BY THIS AGREEMENT: 4.1 This Agreement shall take effect when the Agency's Chief Executive Officer, or authorized representative, and the Executive Director of the Commission, acting on its behalf, sign the Agreement. This Agreement shall be effective upon signing by the second party, the "Effective Date." 4.2 The terms and covenants of this Agreement shaft terminate in the following circumstances: (a) Upon expiration of the 36h month following the effective date of this Agreement unless a successful on-site assessment is completed within that period of time or the payment of an annual contract extension fee for additional time; or (b) Upon written notice by the Agency that it withdraws from the accreditation process; or (c) Upon termination pursuant to Section 5.2, 6. 1, or 6.4 hereof; or (d) Upon expiration or revocation of the Agency's accredited status; or (e) Notwithstanding any other provisions herein, at the option of either the Agency or the Commission, upon at least sixty (60) days prior notice by such party to the other specifying the date of termination. 4.3 The Commission may, at its discretion, upon request by the Agency, extend this Agreement in accordance with the terms and provisions of the CALEA Process and Programs Guide. 5. MODIFICATION: 5.1 There shall be no modifications of this Agreement except in writing, signed by both parties, and executed with the same formalities as this document. 5.2 The Agency recognizes and acknowledges that it will be necessary for the Commission to make reasonable modifications and amendments to this Agreement, fees and other related documents, including but not limited to the accreditation standards and procedures thereto and hereby agrees to endorse all modifications and amendments which the Agency deems reasonable. In the event the Agency deems such modifications or amendments unreasonable, the Commission reserves the right to terminate this Agreement after due consideration thereof by giving notice by registered or certified mail, return receipt requested, that in the event the Agency refuses to accept and execute such modifications or amendments, then and in such event, this Agreement will be terminated. 6. TIME AND MANNER OF PAYMENT: 6.1 In recognition of the Agency's selection as a Commission grantee, the Commission agrees to waive the Agency's initial accreditation fee so long as the Agency agrees to remit one half of the estimated on-site assessment charge of $5,500 within 30 days of the execution date of this contract. This payment will be applied to the initial on-site assessment, if the Agency completes self-assessment and have a successful on-site assessment by the 36th month of the execution of this contract. If the Agency does not complete self-assessment by the 36th month, the Commission may, at its discretion, upon request by the Agency, extend this Agreement in accordance with Section 6.4. If. the Agency withdraws from the accreditation process, the one half estimated on-site assessment charge of $2,750 will be deemed as the contract termination fee and not refunded to the Agency. 2 6.2 If the Agency, within eight weeks of executing this contract, is determined ineligible to participate in the accreditation -program, the Agency may withdraw from the process without penalty and the estimated on-site assessment charge will be refunded. 6.3 When the Agency notifies the Commission that it is ready for an on-site assessment, the Commission will bill the Agency the second half of the estimated on-site assessment charge. Payment will be required prior to the onsite assessment. If the projected on-site costs exceed the actual on-site costs, the Commission will return the excess amount to the Agency. 6.4 If the Agency requires more than 36 months to complete a successful on-site assessment, the Agency agrees to pay a nonrefundable annual fee amounting to 35% of the fee in effect on the effective date of this Accreditation Agreement. This annual fee shall be due and payable 36 months after the effective date of this Agreement, and every 12 months thereafter, until a successful on-site assessment has been achieved or this Agreement has been terminated in accordance with Section 4 supra. The Commission reserves the right to terminate this Agreement if the annual fee payment is delinquent by more than sixty days. 6.5 If the Agency's initial on-site assessment is not successful (i.e., work after the initial on-site assessment is required to achieve compliance with applicable standards), the Agency shall prepay estimated costs plus a 20% administrative fee (based on estimated costs) for a subsequent on-site assessment and/or additional staff/assessor assistance required on or off site. The additional work required (on and/or off site) must be completed within six months. If the projected costs exceed the actual costs, the Commission will promptly return the excess amount to the Agency. 6.6 One month after the initial accreditation award, the agency will be billed the Annual Continuation Fee. The Continuation Fee is defined as the Service Charge and estimated On-site Assessment Charge for reaccreditation. The Continuation Fee will be billed to the Agency and paid in annual installments, due by the I st, 13`t`, and 25t' months following the initial award and each subsequent awards thereafter. Any adjustments to annual Continuation Fees will be made at the beginning of each reaccreditation award period. 6.7 The Commission reserves the right to terminate this Agreement if any payment required of Agency is delinquent by more than sixty (60) days. 7. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: 7.1 In all matters pertaining to this Agreement, the Commission shall be acting as an independent contractor and neither the Commission nor any officer, employee, or agent of the Commission will be deemed an employee of the Agency. The selection and designation of the personnel of the Commission in performance of its responsibilities under this Agreement shall be made by the Commission. 7.2 In all matters pertaining to this Agreement and the relationship between the parties thereto, the Executive Director of the Commission will act in the name of the Commission. S.1 The person signing on behalf of the Agency hereby represents and warrants that he or she Inas the power and authority to execute this Agreement and to bind said Agency to all terms and covenants contained herein including, but not limited to, the provisions of this Section 8. 9. INTEGRATION: 9.1 This instrument embodies the whole Agreement of the parties. The parties warrant that there are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 3 10. SEVERABILITY: 10.1 If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement and the application of such provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. 11. WARRANTY NOT INTENDED OR IMPLIED: 11.1It is understood that the Commission's award of accreditation does not constitute a warranty, express or implied, of total or continued compliance by the Agency with all applicable standards of accreditation and, further, that it is not a substitute for the Agency's ongoing and in-depth monitoring and evaluation of its activities and the quality of its services. 12. WAIVER: 12.1 Any waiver by the Commission or any breach of this Agreement by the Agency shall relate only to that particular breach and shall not amount to a general waiver. 13. NOTICE: 13.1 Any notice between the parties shall be in writing and sent postage prepaid, to the addresses as specified in the preamble of this Agreement or to such other address as either party may specify in writing in accordance with this section. 14. HEADINGS: 14.1 The headings of this Agreement shall not be deemed part of it and shall not in any way affect its construction, f•11010 01Ell_:3_A -:T4111►1-13 15.1 The Agency has read the following documents and agrees to be bound by the terms and conditions of them, as amended from time to time, during the term of this Agreement: (a) The Standards for Law Enforcement Agencies, as amended from time to time; and (b) CALEA Process and Programs Guide, as amended from time to time. 15.2 The Agency accepts the Commission's decisions as the final authority on all matters relating to the Commission's standards and accreditation programs. 15. APPROPRIATE COPYRIGHT USE OF COMMISSION MATERIALS 15.1 CALEA Standards for Law Enforcement Agencies C" Standards' are protected by U.S. and International Copyright Laws. Copyright -protected materials may not be copied, reproduced, changed, altered, distributed, used in the creation of derivative works, stored in a retrieval system, or transmitted in any form, or by any means — electronic, mechanical., photocopying, recording or otherwise — without the express written permission of CALEA. 17. APPROPRIATE TRADEMARK USE OF COMMISSION MATERIALS 17.1 CALEA's trademarks and trade dress may not be used in connection with any product or service that is not CALEA's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CALEA or that otherwise dilutes any of CALEA' s trademarks. 4 IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on N Witness: By By (typed name) (title)* Witness: By By (typed name) (title)" IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, on 520 Witness: 'Title of the Agency's Chief Executive Officer. The Commission on Accreditation for Law Enforcement Agencies, Inc. By Sylvester Daughtry Jr. Executive Director **Title of the appropriate civil authority in the event such signature is required to effect this Agreement, If not required, please so note in this signature block. Adm 64-03110 5 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: Submitted on April 14, 2011 for the April 25, 2011 Regular Council Meeting Agenda Item: Approval of a contract between the Atlanta Regional Commission and the City of Milton to undertake a Livable Centers Initiative study City Manager’s Office Recommendation Approval of a contract with the Atlanta Regional Commission for the performance of a Livable Centers Initiative Study project. Discussion The City of Milton has an active commitment to citizen quality of life. ARC has offered the Livable Centers Initiative grants to many communities for several years. This grant produces studies and implementation programs that enhance transportation routes and community design. Through the Livable Centers Initiative Award Milton has an opportunity to engage an urban design firm to facilitate a study for transportation and multi-modal improvements, land use optimization and context-sensitive design. The grant is in the amount of $100,000 with a 20% match. Future TEA grant funds will be available to projects included in the implementation program of this study. Funding and Fiscal Impact The city will be matching this grant with a 20% match. This money has been included in the grant match funds in the 2010-2011 budget for this purpose. The contract has been approved by the legal department. Concurrent Review Chris Lagerbloom, City Manager [Memo.LCI Grant Contract Approval.041411] ARC Contract Number UP f ID -1 SUBGRANT AGREEMENT THIS AGREEMENT, entered into as of the 1" day of April, 2011, by and between the City of Milton, Georgia (hereinafter referred to as the "Subgrantee") and the ATLANTA REGIONAL COMMISSION, (hereinafter referred to as "ARC"). WITNESSETH THAT: WHEREAS, ARC desires to engage the Subgrantee to render certain services hereinafter described in connection with an undertaking or project (hereinafter referred to as the "Project") which is to be wholly or partially financed by a grant(hereinafter referred to as the "Grant Contract") from the United States Department of Transportation through the Georgia Department of Transportation (hereinafter, along with the appropriate auditing agency of the entities making such grant, referred to as "the Concerned Funding Agencies"); and WHEREAS, the Subgrantee desires to render such services in connection with the project; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Engagement of the Subgrantee. ARC hereby agrees to engage the Subgrantee and the Subgantee hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions herein. 2, Scope of Services. The Subgrantee shall do, perform and carry out in a satisfactory and proper manner, as determined by ARC, the work and services described in Attachment "A" which is attached hereto and made a part hereof. 3. Time of Performance. The effective date of this agreement April 1, 2011. Work and services shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A." All work and services required hereunder shall be completed on or before April 30, 2012. 4. Compensation. The Subgrantee shall be compensated for the work and services to be performed under this agreement as set forth in Attachment "B" which is attached hereto and made part hereof. 5. Formal Communication. Formal communications regarding this agreement shall include, but not necessarily be limited to, correspondence, progress reports and fiscal reports. All formal communication regarding this agreement shall be in writing between the person executing this agreement on behalf of the Subgrantee (executor) and ARC's Director. However, 1 the Subgrantee executor and ARC's Director shall each have the right to designate in writing to the other an agent to act in his or her behalf regarding this agreement. Any restrictions to such designation must be clearly defined in the written designation. In this regard, the ARC Executive Director hereby designates the ARC Director of Comprehensive Planning as his agent, except for changes and terminations of this agreement. 6. Review and Coordination. To ensure adequate assessment of the Subgrantee's Project and proper coordination among interested parties, ARC shall be kept fully infonned concerning the progress of the work and services to be performed hereunder. The Subgrantee may be required to meet with designated representatives of ARC and the Concerned Funding Agencies from time to time to review the work and services performed. Subgrantee shall be given reasonable written notice of such meetings. 7. Inspections. Authorized representatives of ARC and the Concerned Funding Agencies may at all reasonable times review and inspect the Project activities and data collected pursuant to this agreement. Except where specifically prohibited by law, all reports, studies, records, and computations prepared by or for the Subgrantee under this agreement shall be made available to designated representatives of ARC and the Concerned Funding Agencies for inspection and review at all reasonable times in the Subgrantee's office where data is normally accumulated. Approval and acceptance of such material shall not relieve the Subgrantee of its professional obligation to correct, at its expense, any errors found in the work. 8. Maintenance of Cost Records. The Subgrantee shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and shall make such material available at all reasonable times during the period of the agreement, and for at least seven years from the date of final payment under the agreement, for inspection by ARC, the Concerned Funding Agencies, and if the work and services to be performed under this agreement is wholly or partially funded with federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Subgrantee shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 9. Subgrantee's Personnel. The Subgrantee represents that it has, or will secure at its own expense, all personnel required to perform the services under this agreement. Such personnel shall not be employees of ARC, nor shall such personnel have been employees of ARC during any time within the immediately preceding twelve-month period, except with the express prior written consent of ARC. Further, the Subgrantee agrees that no such former ARC employees shall be involved in any way with the performance of this agreement without the express prior written approval of ARC. 10. Reports, The Subgrantee shall furnish ARC with narrative progress reports, in such form and frequency as may be specified by ARC's Director or his designated agent, outlining the work accomplished by the Subgrantee during the period, including the current status of the Project, and the percentage of work which has been completed. 2 11. Compliance with Requirements of the Concerned Funding-Age-ncies. The Subgrantee shall be bound by the applicable terms and conditions of the Grant Contract between ARC and the Concerned Funding Agencies which said Grant Contract is on file in the offices of ARC and is hereby made a part of this agreement as fully as if the same were attached hereto. ARC will notify the Subgrantee in writing of any applicable changes within a reasonable time after ARC has received appropriate notice of such changes from the Concerned Funding Agencies. 12. Rights in Documents Materials and Data Produced. For purposes of this agreement, "data" includes, but is not limited to, writings, sound recordings, photographs, films, videotapes or other graphic representations and works of a similar nature. ARC and the Concerned Funding Agencies shall have the right to use same without restriction or limitation and without compensation to the Subgrantee other than as provided in this agreement. The Subgrantee acknowledges that matters regarding rights to inventions and materials generated by or arising out of this agreement may be subject to certain regulations issued by the Concerned Funding Agencies. 13. Data and Software Licensing. During performance of the work covered by this Agreement ARC may provide certain data or software products, such as aerial photography or commercially available planning data and software, to the Subgrantee that have been obtained from various sources under specific licensing agreements. The Subgrantee acknowledges that any data or software that ARC may provide hereunder is provided as a non-exclusive, non -transferable, limited license for the Subgrantee or its Sub -contractors to use the data or software for the work covered by this Agreement only. The Subgrantee shall not redistribute, republish or otherwise make this data or software available to any party not covered by this Agreement. The Subgrantee or any Sub -contractors shall not use this data or software for any work not covered by this Agreement. The Subgrantee further acknowledges that upon completion of the project covered by this Agreement all data and software provided by ARC will be returned to ARC and all copies of the data or software residing on the Subgrantee's or Sub -contractor's computer systems will be removed. 14, Publicity. Articles, papers, bulletins, reports or other material reporting the plans, progress, analysis or results and findings of the work conducted under this agreement shall not be presented to the governing authority of the Subgrantee, or a committee thereof, for official action by such body without first submitting the same to ARC for review and comment. No such presentation shall be made until comments have been received from ARC regarding such review; provided, however, if such comments have not been received by the Subgrantee within thirty calendar days after such submission, it shall be presumed that ARC has no objection thereto. If ARC's comments contain objections, reservations or disagreements regarding such material, the same shall accompany the material presented in such form as ARC shall specify. 15. Ern to ees' Rate of Compensation- The rate of compensation for work performed under this Project by a staff member or employee of the Subgrantee shall not exceed the compensation of such person that is applicable to his or her other work activities for the Subgrantee. Charges for salaries and wages of individuals shall be supported by time and attendance and payroll distribution records. 3 lG. Financial Reports. In addition to other records required by this contract, the Subgrantee agrees to provide to ARC such additional financial reports in such form and frequency as ARC may require in order to meet ARC's requirements for reporting to the Concerned Funding Agencies. IT Insurance. Subgrantee will have and maintain insurance coverage that complies with the laws of the state of Georgia, as well as reasonable and prudent business practices; including, at least, Worker's Compensation, Public Liability, Property Damage, and Valuable Papers coverage. 18. Audits. The Subgrantee shall cause audits to be accomplished in compliance with DMB Circular A-133, as amended. Copies of all reports resulting from said audits shall be furnished to ARC no later than thirty calendar days after they are received by the Subgrantee. 19. Interest of Subgrantee. The Subgrantee covenants that neither the Subgrantee, nor anyone controlled by the Subgrantee, controlling the Subgrantee, or under common control with the Subgrantee, nor its agents, employees or Subgrantees, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Subgrantee's service hereunder in an impartial and unbiased manner. The Subgrantee further covenants that in the performance of this agreement no person having any such interest shall be employed by the Subgrantee as an agent, Subgrantee or otherwise. If the Subgrantee contemplates taking some action which may constitute a violation of this paragraph, the Subgrantee shall request in writing the advice of ARC, and if ARC notifies the Subgrantee in writing that the Subgrantee's contemplated action will not constitute a violation hereof, then the Subgrantee shall be authorized to take such action without being in violation of this paragraph. 20. Interest of Members of ARC and Others. No officer, member or employee of ARC, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly, or indirectly, interested; nor shall any such officer, member or employee of ARC, or public official of any local government affected by the Project, have an interest, direct or indirect, in this agreement or the proceeds arising therefrom. 2l. Officials Not to Benefit. No member of or delegate to the Congress of the United States of America, resident commissioner or employee of the United States Government, shall be admitted to any share or part of this agreement or to any benefits to arise herefrom. 22. Status as Independent Contractors. Nothing contained in this agreement shall be construed to constitute the Subgrantee or any of its employees, servants, agents or subcontractors as a partner, employee, servant, or agent of ARC, nor shall either party to this agreement have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor. 23. Approval of Subcontracts. None of the work or services to be performed under this agreement by the Subgrantee shall be subcontracted without the prior written approval of ARC's Director or his designated agent. If such approval is requested, all subcontract documents shall be submitted to ARC's Director or his designated agent, for his review and approval prior to the execution of such subcontract. Further, if requested by ARC's Director or his designated agent, the Subgrantee shall provide ARC with such documentation as ARC's Director shall require, regarding the method the Subgrantee used in selecting its subcontractor. The Subgrantee acknowledges that if work or services to be performed under this agreement is financed solely or partially with federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcontractors or adequate justification for sole source selection. The Subgrantee agrees to abide by such regulations in its selection procedure. 24. Assi ii�y. The Subgrantee shall not assign, sublet or transfer all or any portion of its interest in this agreement without the prior written approval of ARC. 25. Amendments. ARC may require changes in this agreement. Except for termination for cause or convenience, such changes, including any increase or decrease in the amount of the Subgrantee's compensation shall be incorporated in written amendments to this agreement. Amendments to this agreement may be executed on behalf of ARC only by ARC's Director and Chairman. 26. Assurances. The Subgrantee hereby assures and certifies that it will comply with the appropriate regulations, policies, guidelines and requirements, including, but not limited to, 23 CFR 450, 49 CFR 23 or 26 (as applicable), Executive Order 12372, U.S. Office of Management and Budget Circular Nos. A-21, A-87, A-122, Al 10 and A-133, 49 CFR 18 (The Common Rule), Federal Procurement Regulations Subpart 1-15.2, or other requirements imposed by ARC or the Concerned Funding Agencies concerning requirements of law or Project matters, as they relate to the application, acceptance, use and audit of federal funds for this federally assisted Project. Also, the Subgrantee gives assurance and certifies with respect to this agreement that: (a) It possesses legal authority to apply for this agreement, and, any required resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, that proper authorization exists for the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee to act in connection with the application and to provide such additional information as may be required, and, upon ARC approval of its application, that the person identified as the official representative of the Subgrantee is authorized to execute an agreement incorporating the terms of its application. (b) It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352 and 42 USC 2000d) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of age, handicap, religion, creed or belief, political affiliation, sex, race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any project or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this assurance. The Subgrantee shall take affirmative action.to ensure that qualified applicants are employed and 5 qualified subcontractors are selected, and that qualified employees are treated during employment, without regard to their age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship, and participation in recreational and educational activities. The Subgrantee shall in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. The Subgrantee shall not discriminate against any qualified client or recipient of services provided through this agreement on the basis of age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. The Subgrantee shall cause foregoing provisions to be included in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to subcontracts for less than ten thousand dollars ($10,000). The Subgrantee shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as ARC or the Concerned Funding Agencies may require. The Subgrantee agrees to comply with such rules, regulations or guidelines as ARC or the Concerned Funding Agencies may issue to implement the requirements of this paragraph. (c) It will comply with applicable requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted projects. (d) It will comply with the applicable provisions of the Hatch Act which limits the political activity of employees. (e) It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whore they have family, business, or other ties. (f) It will cooperate with ARC in assisting the Concerned Funding Agencies in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a -I et set.) by (a) consulting, through ARC, with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part $00.$) by the activity, and notifying, through ARC, the Concerned Funding Agencies of the existence of any such properties, and by (b) complying with all requirements established by ARC or the Concerned Funding Agencies to avoid or mitigate adverse effects upon such properties. (g) It understands that the phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. (h) For agreements not involving federal financial assistance for construction, it will insure that the facilities under its ownership, lease or supervision used in the accomplishment of this Project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Concerned Funding Agencies, through ARC, of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the Project is under consideration for listing by EPA. (i) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities when such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 0) It will comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in U.S. Department of Labor regulations (41 CFR part 64). (k) It will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857 (h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 27. Certifications. (a) Prohibition Against Use of Funds to Influence Legislation (Lobbying). No part of any funds under this agreement shall be used to pay the salary or expenses of any Subgrantee, or agent acting for the Subgrantee, to engage in any activity designed to influence legislation or appropriations pending before the Congress as stated in 49 CFR 20. (b) Debarment and Suspension. Subgrantee agrees to comply with the nonprocurement debannent and suspension rules in 49 CFR 29. (c) Drug -Free Workplace. Subgrantee agrees and hereby certifies that it will comply with the requirements for a Drug -Free Workplace, as described in Section 50-24-3 of the Official Code of Georgia, including passing this requirement through to lower tier contractors. (d) Subgrantee agrees and hereby certifies that it will comply with the Georgia Security and Immigration Compliance Act of 2006 (O.C.G.A. § 13-10-91) and Georgia Department of Labor Rule 300-10-1-.42. 7 28. Other Requirements. In addition to other requirements of this agreement, the Subgrantee agrees to comply with, and shall be bound by, the applicable terms and conditions of all state and federal laws or regulations governing and defining resources, project administration, allowable costs and associated procurement standards, as appropriate. All such documents are hereby made part of this agreement fully as if the same were attached hereto. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The Subgrantee shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT assisted agreements. Failure by the Subgrantee to carry out these requirements is a material breach of this agreement, which may result in the ten-nination of this agreement or such other remedy as the recipient deems appropriate. The Subgrantee agrees to pay each subcontractor under this prime agreement for satisfactory performance of its agreement no later than ten business days from the receipt of each payment that said prime Subgrantee receives from ARC. The prime Subgrantee agrees further to return retainage payments to each subcontractor within ten business days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of ARC. This clause applies to both Disadvantaged Business Enterprises and non -Disadvantaged Business Enterprises. 29. Termination for Mutual Convenience. ARC or the Subgrantee may terminate this agreement in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall, through formal written amendment, agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Subgrantee shall not incur new obligations for the terminated portion after the effective termination date, and shall cancel as many outstanding obligations as possible. ARC shall evaluate each non -cancelable obligation to determine its eligibility for inclusion in Project costs. ARC shall allow full credit to the Subgrantee for the ARC share of the non -cancelable obligations, properly incurred by the Subgrantee prior to termination and accepted by ARC. 30. Termination for Convenience. ARC may terminate this agreement, in whole or in part, at any time by giving written notice to the Subgrantee of such termination and specifying the effective date thereof, at least fifteen days before the effective date of such termination. In that event, all information and material produced or collected under this agreement and/or used in the performance of the scope of services shall, at the option of ARC, become its property. if this agreement is terminated by ARC as provided in this paragraph, the Subgrantee will be reimbursed for the otherwise allowable actual expenses incurred by the Subgrantee up to and including the effective date of such termination, as authorized in Attachment "B." The Subgrantee shall not incur new obligations for the terminated portion after the effective termination date, and shall cancel as many outstanding obligations as possible. ARC shall evaluate each non -cancelable obligation to determine its eligibility for inclusion in Project costs. ARC shall allow full credit to the Subgrantee for the ARC share of the non -cancelable obligations, properly incurred by the Subgrantee prior to termination and accepted by ARC. 31. Termination for Cause. If through any cause, the Subgrantee shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if the Subgrantee has or shall violate any of the covenants, agreements, representations or stipulations of this agreement, ARC shall thereupon have the right to terminate this agreement by giving written notice to the Subgrantee of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all information and materials produced under this agreement and/or used in the performance of the scope of services shall, at the option of ARC, become its property. The Subgrantee shall be entitled to receive just and equitable compensation for costs incurred in the performance of the scope of service up to and including the effective date of termination as authorized in Attachment "B." Notwithstanding the foregoing, to the extent provided by law, the Subgrantee shall not be relieved of liability to ARC for damages sustained by ARC by virtue of any breach of this agreement by the Subgrantee and ARC may withhold any payments to the Subgrantee for the purpose of set-off for damages caused by the Subgrantee's breach, until such time as the exact amount of damages to ARC from the Subgrantee is determined. 32. Termination Due to Non -Availability of Funds. Notwithstanding any other provision of this agreement, in the event that any of the funds for carrying out the functions to which this agreement relates do not become available, then, upon written notice to the Subgrantee, this agreement may be immediately terminated without further obligation of ARC. 33. Suspension Due to Non -Availability of Funds. The Concerned Funding Agencies have the right to suspend financial assistance for this Project. Consequently, ARC reserves the same right regarding this agreement. Such suspension would cause the withholding of further payments and/or prohibiting the Subgrantee from incurring additional obligations during the suspension period. However, unless notified writing to the contrary, such suspension would not invalidate obligations otherwise properly incurred by the Subgrantee prior to the date of suspension to the extent that they are not cancelable. 34. Unexpended Funds. Upon termination of this agreement for any reason, the Subgrantee shall immediately refund to ARC any balance of unearned or unobligated (unencumbered) cash advanced to the Subgrantee under this agreement. 35, Applicable Law. This agreement shall be deemed to have been executed and performed in the State of Georgia. All questions of interpretation and construction shall be construed by the laws of Georgia. 9 IN WITNESS WHEREOF, the Subgrantee and ARC have executed this agreement as of the day first above written. ATTEST: ATTEST: ARC Assist nt ecretary CITY OF MILTON By - Title: y: Title: ATLANTA REGIONAL COMMISSION B. sm ATTACHMENT A Scope of Work I. General: The work to be accomplished is in support of the following Atlanta Regional Commission (ARC) subelement: 102 CAS - Livable Centers Initiative Investment Policy Studies (LCI) II. Area covered: All the necessary services provided in this subgrant contract will support the study of LCF related programs and projects within the Highway 9 Activity Center area of the City of Milton and Alpharetta (see Exhibit A-1, Study Area Map). III. Goal: The Atlanta Metropolitan Transportation Planning Area is included in a non - attainment area for ozone under the Clean Air Act Amendments of 1990. Because of this designation, the region must look toward better development practices that support increased use of transportation anodes other than single occupant vehicles (SOV) to help reduce emissions and meet air quality requirements. The LCI Program seeks to increase the use of alternatives to driving alone by developing transportation projects and other programs to improve accessibility, expand mixed -uses, utilize transit and support further development in the study area. Evaluation of the existing structure and development of likely scenarios should produce recommendations for future investment that support ARC's Livable Centers Initiative Program. IV. Work Tasks: The work to be accomplished under this contract is divided into three major tasks: Task I — Public Involrvement Tile goal of this task is to develop a local planning outreach process that promotes the involvement of all stakeholders in the study area, with efforts and accommodations made to include low to moderate income, minority, and elderly or disabled citizens. The Subgrantee will identify all stakeholders and facilitate their involvement in the study process. These tasks will be documented through meeting notices, meeting summaries and other written communications. Responses and acknowledgement of public comments will be addressed in the study reports. The public involvement process shall, at a minimum, include the following components: ■ Project Management Team. The Subgrantee shall establish a Project Management Team that includes a representative from the Subgrantee, the consultant, and ARC. This team shall meet monthly to discuss the study progress. Core Team. A core team shall be established that includes the members of the Project Management Team along with a representative from key stakeholder groups in the study area. The Core Team must include representatives from relevant state, regional and local government departments responsible for land use planning, transportation and housing (including applicable housing authorities/agencies). Representatives from non-profit organizations that provide services in the study area should also be included on the Core A-1 Team. This team shall, at a minimum, meet prior to each of the general public meetings (not necessarily on the same day) described below. The key responsibility of the Core Team is to review and comment on materials to be presented at public meetings, help advertise meetings, and distribute information to the larger community. ■ General Public Meetings_ During the study process, the Subgrantee shall make a reasonable effort to involve all stakeholders in the study area, including property owners, residents, business owners and employers/employees. A minimum of four (4) General Public Meetings shall be conducted (more meetings are encouraged and may be necessary) to discuss the following topics: - Kick-off meeting to announce the beginning of the study process, the goals of the study, key dates, and opportunities for public input. Data gathering meeting(s) to collect data, information, and opinions from the public on pertinent topics. These meetings can also be used to review preliminary findings and general directions. Present draft plan. A draft plan shall be presented to the public for review and comment prior to finalizing the study. This meeting should focus on a review of the study recommendations and action plan. Final plan review. The final draft LCI plan should be made available for public comment (in a meeting, open house, or posting) prior to final sponsor approval and submitting deliverables to ARC. The public involvement process should include a variety of methods, times, and techniques to reach the broadest range of stakeholders possible (i.e. standard public meetings, charrettes, surveys, open house). Transportation Coordination Meeting. A transportation project coordination meeting is required to be conducted prior to finalizing the LCI plan recommendations. Oftentimes, transportation projects are affected by other organization (e.g. GDQT, GRTA, transit agency, city/county). To ensure the projects are feasible, a coordination meeting will be held (if relevant) between the LCI sponsor, ARC and other affected organizations to discuss potential projects prior to the transportation improvement list being finalized. Task 2 — Develop a Study The goal of this task is to assess the subject area's current land use patterns, transportation patterns and urban design elements, including Lifelong Communities principles such as pedestrian and transit access; access to retail and neighborhood services; diversity of dwelling types; and design for healthy living and social interaction. This analysis should be coordinated with other completed studies, programs and organizations (such as TMAs, CIDs, the TIP and RTF). At a minimum, this study will address the following information: 1. Efficiency/feasibility of land uses and mix appropriate for future growth including new and/or revised land use regulations needed to complete the development program. 2. Transportation demand reduction measures. A-2 3. lntemal mobility requirements — traffic calming, pedestrian circulation, transit circulation, bicycle circulation, safety and security of all modes. 4. Mixed -income housing, jobihousing match and social issues. 5. Continuity of local streets in study area and development of a network of minor roads. 6. Need/identification of future transit circulation systems. 7. Connectivity of transportation system to other centers. 8. Community organization, management, promotion, and economic restructuring to ensure implementation. 9. Stakeholder participation and support. 10. Public and private investment policy. Task 3 — Prepare Project Deliverables The goal of this task is to compile the results of the overall work effort, the study process, relevant findings, and recommendations into a summary document. Four (4) printed copies of the summary document shall be provided to ARC, along with an electronic file (on CD) of the summary document in its original format and in .pdf format, an Excel spreadsheet of the 5 -year action pian (following ARC template), shapefiles (per ARC specifications) for relevant maps, and a separate folder with supporting graphics contained in the report. The summary document shall contain at a minimum the following: ■ A description of the study process and methodology, data gathering techniques and findings, and general study outcomes. ■ A description of the public participation process used to achieve a community -supported program of activity center improvements. • A description demonstrating how the study addressed each of the required 10 study deliverables enumerated above. • Maps and other graphic depictions to support the plan that includes, but not limited to, overall study area, existing land use, future land use, existing transportation facilities, and proposed transportation improvements, and typical cross-sections. • A market or fiscal feasibility analysis that supports the plan recommendations and ensures the proposed plan is realistic_ • An implementation strategy that describes the organizational structure and process that will be used to ensure the action plan items described below are implemented. Focus should be given to collaboration opportunities with other organizations and strategies to ensure continued support from local elected officials, citizens and businesses. This section should also discuss an evaluation and feedback process that will be used to monitor plan implementation and update the action plan as needed, but at least every five years. A 5 -year schedule of actions (following a template provided by ARC) that are planned in the study area to implement the study goals, programs, projects, and Lifelong Communities principles. Schedules should include start date, completion date, cost estimate and responsible party. This schedule should include specific actions that implement the findings from each of the 10 study components, including but not limited to: A-3 - A 5 -year prioritized description of transportation improvement projects, actions, and policies (local, state and federal) that will support the study area goals. Project scopes should include detailed descriptions and cost estimates; - Housing should be given specific and clear emphasis by developing a description of housing strategies, particularly for affordable and mixed income housing developments, that support a job -housing match, aging in place, and efficient utilization of transportation facilities in the study area; and, - A description of the changes necessary within the comprehensive plan, zoning ordinance, development regulations or other locally adopted plans to support study actions, including a committed schedule for adopting such changes. In addition, a population and employment data section shall be included as pari of the LCI study summary. This section shall contain a comparison of development under current conditions and development under the proposed LCI plan. The data in this section shall contain, at a minimum, current and 25 -year projection figures (in five-year increments) for the following areas: Housing Data - Number of existing housing units and population - Number of anticipated housing units and population - Distribution of proposed housing units by type EmploMent Data - Number of existing jabs - Number of anticipated jobs - Square feet of future non-residential development A-4 Milton Hwy 9 Activity Center .a _ il::....�..... ..., ...... .• .^ . _.'mss... ..+u.:. • -. ..._ ._ "ya�pi�S. Am IL �� �. •, _,�; `"-_=;.:;may �;�. .. - s•. x•."4'r1 ,� '� ,�:.x�•..��i � ..,5 ,=.q+!` ref':. 7 WWI- - .��'�+ �. •'•]�. - - .�'�. •.. :,v ���' it '$'i. x�a'�k ::3„p#�::err&:`.. f_ r•' r - f r :1 i "�`#"i � rte+. �;>r� rt;�;-!.. �:r . •.., .::...,. ATTACHMENT B Compensation and Method of Payment 1. Compensation: The total cost of the Project (as described in "Attachment A") is $125,000. ARC's compensation to the Subgrantee will not exceed 80 percent of the actual costs incurred. However, in no event will the total compensation and reimbursement, if any, to be paid to the Subgrantee under this contract exceed the sum of $100,000. All costs in excess of $100,000 are to be paid by the Subgrantee. A breakdown of this compensation is shown in Exhibit B-1, "Budget Estimate", which is attached to and made part of this contract for financial reporting, monitoring and audit purposes. Il. Method of Payment- The following method of payment replaces that specified in the main body of the contract. A. Progress Payments: The Subgrantee shall be entitled to receive progress payments on the following basis. As of the last day of each month during the existence of this contract, the Subgrantee shall prepare an invoice for payment documenting work completed and costs incurred during the invoice period. This invoice shall be submitted to ARC along with the monthly report by the 10`h of the following month. Any work for which reimbursement is requested may be disallowed at ARC's discretion if not properly documented, as determined by ARC, in the required monthly narrative progress report. Upon the basis of its audit and review of such invoice and its review and approval of the monthly reports called for in the paragraph concerning "Reports" in the main body of the contract, ARC will, at the request of the Subgrantee, make payments to the Subgrantee as the work progresses but not more often than once a month. Invoices shall reflect 100% of the allowable actual costs incurred, be numbered consecutively and submitted each month until the project is completed. Reimbursement payments from ARC shall be at 80% of the approved invoiced costs. Subgrantee's monthly invoices and monthly narrative progress reports are to be submitted to the ARC Director or his authorized agent and must be received by him not later than the 10th day of the following month. ARC may, at its discretion, disallow payment of all or part of an invoice received after this deadline. B. Final Payment: Final payment shall only be made upon determination by ARC that all requirements hereunder have been completed. Upon such determination and upon submittal of a final invoice, ARC shall pay all compensation due to the Subgrantee, less the total of all previous progress payments made. Subg'antee's final invoice and summary document (as described in "Attachment A, Task 3 -- Prepare Project Deliverables") must be received by ARC no later than ten days after the project completion date specified in Paragraph 3 of the contract. ARC may, at its discretion, disallow payment of all or part of a final invoice received after this deadline. 111. Completion of Project: It is agreed that in no event will the maximum compensation and reimbursement, if any, to be paid to the Subgrantee under this contract exceed $100,000 and that the Subgrantee expressly agrees that he shall do, perform and carry out in a satisfactory and proper manner, as determined by ARC, all of the work and services described in Attachment A. IV. Access to Records: The Subgrantee agrees that ARC, the Concerned Funding Agency or Agencies and, if appropriate, the Comptroller General of the United States, or any of their duty authorized representatives, shall have access to any books, documents, papers and records of the Subgrantee which are directly pertinent to the project for the purpose of making audit, examination, excerpts and transcriptions. The Subgrantee agrees that failure to carry out the requirements set forth above shall constitute a breach of contract and may result in termination of this agreement by ARC or such remedy as ARC deems appropriate. V. ARC's Designated Agent, In accordance with Paragraph S of the main body of this contract, ARC's Director hereby designates ABC's Director of Comprehensive Planning, as his agent ("Cognizant Department Director") for purposes of this contract only, except for executing amendments hereto. M EXHIBIT B -I Budget Estimate Task l -- Public Participation $ 15,000 Task 2 — Prepare Study $ 50,000 Task 3 — Prepare Deliverables S 50,000 Total Cost $125,000 ARC Share (80%) $100,000 Local Share (20%) $ 25,000 * Note: The estimates listed above are preliminary and actual costs by task may vary so long as the total contract value does not increase. Any change to the budget estimates shown above must be requested in writing and approved by ARC's Cognizant Department Director. 1M City of Milton, Georgia Annual Audit Agenda September 30, 2010 Presented by: Adam M. Fraley, CPA CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 1 PURPOSE OF ANNUAL AUDIT AGENDA  Engagement Team.  Overview of: o Audit Opinion o Financial Statements, Footnotes and Supplementary Information o Compliance Reports  Required Communications under Government Auditing Standards.  Accounting Recommendations and Related Matters.  Answer Questions. ENGAGEMENT TEAM Mauldin & Jenkins:  Large regional firm serving the Southeastern United States with a primary emphasis in Georgia.  Founded in 1920.  Offices located in Atlanta, Macon, Albany and Birmingham with firm governmental leadership positioned in the Atlanta and Macon offices.  Approximately 50 professional staff persons with current governmental experience.  Serve more governmental entities in Georgia than any other certified public accounting firm requiring over 55,000 hours of service on an annual basis.  Most recent auditor for 25 counties in Georgia, as well as another 50 cities in Georgia, and over 170 total governmental entities in Georgia.  Auditor of a substantial part of the State of Georgia including approximately 25% of the State’s general fund, and 13 of the State of Georgia’s component units. Engagement team leaders on the audit engagement include:  Adam Fraley, Engagement Partner – 14 years experience serving governments.  Erin Fraley, Engagement Manager – 13 years experience serving governments.  Emily Sobczak, Engagement Manager – 6 years experience serving governments. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 2 AUDIT OPINION City of Milton’s Responsibility The financial statements are the responsibility of the City of Milton and management and the City Council Members. Auditor’s Responsibility Our responsibility, as external auditors, is to express an opinion on these financial statements. Auditing Standards We audited the City’s financial statements in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. Clean Opinion The financial statements of the City are considered to present fairly the financial position and results of operations as of, and for the year ended September 30, 2010. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 3 REVIEW OF FINANCIAL STATEMENTS, FOOTNOTES & SUPPLEMENTARY INFORMATION Statement of Net Assets This statement attempts to provide a reader of the financial statements with a full accrual perspective of the City, as a whole. The City’s governmental activities net assets position increased from $49,044,889 to $52,153,661. This change is reconciled on the City’s “Statement of Activities.” In reference to the City’s net assets, it is important to note that $36,498,474 of total net assets is invested in capital assets, net of related debt. While the City is reflecting total net assets of $52,153,661, it reflects unrestricted net assets of $15,655,187 at September 30, 2010. This unrestricted net assets position is reconciled on the City’s “Statement of Activities.” Statement of Activities This statement reflects the net costs of providing governmental activities on the full accrual basis of accounting and reconciles to the statement of net assets. Footnotes Note 1 - Accounting Policies This footnote discusses the overall organization of the City and the nature of its operations. This note also discloses pertinent information regarding the governing body of the City. This footnote continues by sharing with a reader of the financial statements the significant accounting policies and principles utilized in the preparation of the financial statements. Note 2 - Reconciliation of Government-wide Financial Statements and Fund Financial Statements This footnote provides additional detailed information that is not already shown within the financial statements themselves, on the differences between the City’s fund level financial statements and its government-wide financial statements. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 4 Footnotes (continued) Note 3 - Legal Compliance - Budgets This footnote discloses the City’s procedures in establishing its annual budget. Note 4 - Deposits This disclosure addresses common deposit risks related to custodial credit risk. Note 5 - Receivables This footnote discloses the City’s property tax calendar and detailed information on various receivable (and allowances for doubtful receivables) balances. Note 6 - Capital Assets This footnote discloses the City’s capital asset activity and its related accumulated depreciation for the period. Note 7 - Long-Term Debt This footnote discloses the City’s long-term debt activity for the period, and other information and maturities for this long-term debt. Note 8 - Interfund Receivables, Payables, and Transfers This footnote discloses detailed information on the City’s interfund balances and transfers and the purpose of these balances and transactions. Notes 9 - Commitments and Contingent Liabilities This footnote discloses the contingencies from potential litigation, claims, and assessments filed against the City and significant contractual commitments of the City at year end. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 5 Footnotes (continued) Notes 10 - Defined Benefit Pension Plan This footnote discloses the details of the City’s Defined Benefit Plan, including funding policies and the amount of required contributions as compared to actual contributions. Notes 11 - Defined Contribution Pension Plan This footnote discloses the details of the City’s Defined Contribution Plan. Notes 12 - Joint Venture This footnote discloses the City’s relationship with the Atlanta Regional Commission. Note 13 - Hotel/Motel Lodging Tax This footnote discloses the City’s tax rate for hotel/motel taxes, along with the amounts and nature of these revenues and expenditures. Note 14 - Risk Management This footnote discloses the City’s various risks of loss and the measures the City has taken to mitigate those potential losses. Note 15 - Prior Period Adjustment This footnote discloses further details surrounding the restatements to opening balances of the City’s General fund. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 6 COMPREHENSIVE ANNUAL FINANCIAL REPORT The City has elected to provide the highest level of financial reporting allowed by governmental reporting standards relative to the annual financial reports produced and distributed. The City prepares a Comprehensive Annual Financial Report (CAFR) which has an introductory section and a statistical section surrounding the annual financial report. The City has elected to continue preparing a CAFR for the year ended September 30, 2010. Therefore, the City presents the following information by major section:  Introductory Section (Transmittal Letter, Organizational Chart and Listing)  Independent Auditor’s Report  Management’s Discussion and Analysis  Basic Financial Statements and Footnotes  Required Supplementary Information  Statistical Section  Compliance Section It should be noted that the City is one (1) of the few cities in the State of Georgia to obtain the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. Most cities do not attempt to report at such a high level. COMPLIANCE REPORT We have also issued a report that is based on our tests of the City’s internal controls and compliance with laws, regulations, etc. The report is not intended to provide an opinion, but to provide a form of negative assurance as to the City’s internal controls and compliance with applicable rules and regulations. This report and the procedures performed are required by Government Auditing Standards as issued by the U. S. Government Accountability Office (GAO). REQUIRED COMMUNICATIONS The Auditor’s Responsibility Under Auditing Standards Generally Accepted in the United States of America Our audit of the financial statements of the City for the period ended September 30, 2010, was conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error, fraudulent financial reporting or misappropriation of assets. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 7 management, as well as evaluating the overall financial statement presentation. Accordingly, the audit was designed to obtain reasonable, rather than absolute, assurance about the financial statements. We believe our audit accomplishes that objective. In accordance with Government Auditing Standards, we have also performed tests of controls and compliance with laws and regulations that contribute to the evidence supporting our opinion on the financial statements. However, they do not provide a basis for opining on the City’s internal control or compliance with laws and regulations. Accounting Policies Management has the ultimate responsibility for the appropriateness of the accounting policies used by the City. There were no significant new accounting policies or standards implemented this period. There are new accounting standards which will be required to be implemented in the coming years. These are discussed later in this document. In considering the qualitative aspects of the City’s accounting policies, we did not identify any significant or unusual transactions or significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. The City’s policies relative to the timing of recording of transactions are consistent with GAAP and typical government organizations. Management Judgments and Accounting Estimates Accounting estimates are an integral part of the preparation of financial statements and are based upon management’s current judgment. The process used by management encompasses their knowledge and experience about past and current events and certain assumptions about future events. Management has informed us they used all the relevant facts available to them at the time to make the best judgments about accounting estimates and we considered this information in the scope of our audit. We considered this information and the qualitative aspects of management’s calculations in evaluating the City’s significant accounting estimates. Estimates significant to the financial statements include such items as the estimated historical value of donated infrastructure and other capital assets, the estimated lives of capital assets, and the estimated allowance for doubtful accounts receivables. Financial Statement Disclosures The footnote disclosures to the financial statements are also an integral part of the financial statements. The process used by management to accumulate the information included in the disclosures was the same process used in accumulating the financial statements and the accounting policies described above are included in those disclosures. The overall neutrality, consistency, and clarity of the disclosures was considered as part our audit and in forming our opinion on the financial statements. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 8 Significant Difficulties Encountered in Performing the Audit We encountered no difficulties in dealing with management relating to the performance of the audit. Audit Adjustments During our audit of the City’s basic financial statements as of and for the period ended September 30, 2010, we recorded a number of audit adjustments. These adjustments have been delivered to and discussed with management. Additionally, we have provided these adjustments as an attachment to this document for your review and discussion. Uncorrected Misstatements We had no uncorrected audit adjustments. Disagreements with Management We encountered no disagreements with management over the application of significant accounting principles, the basis for management’s judgments on significant matters, the scope of the audit or significant disclosures to be included in the financial statements. Representation from Management We requested written representations from management relating to the accuracy of information included in the financial statements and the completeness and accuracy of various information requested by us, during the audit. Management provided those written representations without a problem. Management’s Consultations with Other Accountants We are not aware of any consultations management had with other accountants about accounting or auditing matters. Significant Issues Discussed with Management There were no significant issues discussed with management related to business conditions, plans, or strategies that may have affected the risk of material misstatement of the financial statements. We are not aware of any consultations management had with us or other accountants about accounting or auditing matters. No major issues were discussed with management prior to our retention to perform the aforementioned audit. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 9 Other Information in Documents Containing Audited Financial Statements We are not aware of any other documents that contain the audited basic financial statements. If such documents were to be published, we would have a responsibility to determine that such financial information was not materially inconsistent with the audited statements of the City. Independence We are independent of the City, and all related organizations, in accordance with auditing standards promulgated by the American Institute of Public Accountants and Government Auditing Standards, issued by the Comptroller General of the United States. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 10 ACCOUNTING RECOMMENDATIONS AND RELATED MATTERS Recommendations for Improvement During our audit of the financial statements as of and for the period ended September 30, 2010, we noted areas within the accounting and internal control systems that we believe can be improved. We noted certain items as significant deficiencies in our supplemental reports on internal controls and compliance. Additionally, we noted certain items management should consider as part of its decision making process. Our recommendations (also commonly referred to as management points) are presented in the following paragraphs. We believe consideration of these recommendations will help provide proper control over financial activities, and add effectiveness and efficiency to overall operations. Significant Deficiency (Material Weakness) As noted in our supplemental reports on internal controls and compliance, we reported the following significant deficiency that was also considered a material weakness: 1) Internal controls were not sufficient to detect a misstatement in the reporting of the City’s financial statements for the year ended September 30, 2009. During our audit for the year ended September 30, 2010, a material misstatement was identified by management that caused the need to restate opening fund balance (equity) for the year ended September 30, 2010. The nature and magnitude of this correction for the prior period error is as follows:  The General fund required an adjustment of $258,165 to properly recognize revenue for the HTRG Credit earned and available during the year ended September 30, 2009 but improperly deferred at year-end. An audit adjustment of $258,165 was needed to correctly report the opening fund balance for the General Fund. We recommend the City carefully review the financial statements and the applicable reporting requirements under generally accepted accounting principles to ensure that all information and financial data is being properly reported. 2) Internal controls were not sufficient to detect a misstatement in the reporting of the City’s revenue and related receivables. During our testing, an audit adjustment of approximately $832,500 was required to accrue the Insurance Premium Tax receivable and related revenue for the year ended September 30, 2010. We recommend the City carefully review all revenues, receivables, and deferred revenues to ensure they are reported in the proper reporting period, properly valued, and in accordance with generally accepted accounting principles. 3) Internal controls were not sufficient to detect a misstatement in the reporting of the City’s expenditures and related liabilities. During our testing of expenditures, certain audit CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 11 adjustments were required to correct current year amounts. The nature of these adjustments is as follows:  The General fund required an adjustment of approximately $44,600 to properly accrue expenditures which were incurred prior to September 30, 2010 but improperly excluded from accounts payable.  The Capital Projects fund required an adjustment of approximately $108,400 to properly accrue expenditures which were incurred prior to September 30, 2010 but improperly excluded from accounts payable. Audit adjustments of approximately $153,000 were needed to correctly recognize expenditures as of September 30, 2010. We recommend the City carefully review all expenditures to ensure all necessary transactions are properly reported. Management Points We have discussed various matters with management pertaining to operations and controls including, but not limited to: 1) During our testing of capital assets, we noted that the City maintains their capital assets in an Excel spreadsheet. Maintenance of capital assets and the related depreciation in Excel creates inherent risks of errors that would not occur if these assets were maintained in software that is designed to manage the data and perform calculations such as depreciation on capital assets. To properly maintain the City’s capital assets and mitigate the risk of errors occurring in the accounting for capital assets, we recommend the City utilize a capital assets program that is designed to assist in the accounting for such capital assets. 2) During our testing of grant revenues, we noted the City is not properly tracking grant revenues and expenditures throughout the year. We recommend the City reconcile grant revenues and expenditures on a regular basis in order to accurately report balances throughout the year and at year-end. 3) During our testing of manual journal entries, we noted the City approves journal entries electronically. We recommend the City implement proper system access controls in order to limit the number of individuals who are able to approve and post journal entries. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 12 Other Matters During our audit of the financial statements as of and for the year ended September 30, 2010, we noted other matters which we wish to communicate to you in an effort to keep the City abreast of accounting matters that could present challenges in financial reporting in future periods. 1) American Recovery & Reinvestment Act - In February 2009, the Federal Government passed the American Recovery & Reinvestment Act of 2009 (ARRA), often called the Federal Stimulus or Recovery Act. ARRA provides for approximately $580 billion in additional Federal spending, which will predominately be distributed to state and local governments. Of this amount, the State of Georgia expects to receive $7.3 billion, the majority of which is expected to be spent in state fiscal years 2010 and 2011, with the programs receiving funding ranging from Department of Education programs, transportation infrastructure, justice programs, and GEFA energy related programs. The funding available to local governments in Georgia is significant and should have a positive impact in stabilizing budgets and providing for programs that might not otherwise have been funded. That being said, this funding also comes with significant and increasing administrative requirements as well as potentially adding future commitments to your government. In regards to these ARRA funds, we recommend that you do the following: a) Establish a centralized process for accepting ARRA funds – this should be a conscious management decision with the entire organization aware of the requirements. b) Ensure you have proper internal control procedures in place to track funds and ensure compliance with all grant requirements. This should include enhancing current controls for identified weaknesses. c) Ensure subrecipient monitoring controls will meet higher than ever scrutiny. The Federal Government wants the process to proactively identify issues and not just react to issues once they’ve occurred. d) Be prepared for the quarterly Section 1512 reporting requirements. Additionally, be prepared to report ARRA funded projects separately on the SEFA, even if they have the same CFDA number as an existing federal program. 2) New GASB and Yellow Book Standards GASB Standards - As has been the case for the past 10 years, GASB has issued several other new pronouncements which will be effective in future years. The following is a brief summary of the new standards: a) Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, addresses liabilities for existing pollution remediation projects as they are discovered and acted upon. This was effective and implemented for the City with fiscal year ending September 30, 2009, and is a pronouncement that the City should consider at least on an annual basis going forward. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 13 b) Statement No. 51, Accounting and Financial Reporting for Intangible Assets, which establishes accounting for assets such as easements, water rights, trademarks, and internally generated computer software. This is effective for the City with fiscal year ending September 30, 2010, and is a pronouncement that the City should consider at least on an annual basis going forward. c) Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, which is intended to improve how governments report information about derivative instruments in their financial statements. Over the past two decades, the use of derivative instruments by state and local governments has increased significantly. Although derivatives often result from complex financial transactions, governments have discovered their usefulness in lowering borrowing costs, providing up-front cash payments, and reducing future risks of declining cash flows or asset values. Many governments also use derivative instruments as simple investments intended to generate additional revenues. Examples of derivative instruments commonly used in the public sector include interest rate swaps, forward delivery swaps, "swaptions," and interest rate caps. Specifically, this pronouncement requires governments to measure most derivative instruments at fair value in their financial statements. It also addresses hedge accounting requirements to determine whether a derivative instrument results in an effective hedge. This is effective for the City with fiscal year ending September 30, 2010 and should be heavily considered by the City going forward as opportunities present themselves for investing in various investments as well as issuing certain types of indebtedness. d) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, which changes the terminology and reporting relative to the presentation of fund balance in governmental funds at the fund level. This is effective for the City with fiscal year ending September 30, 2011. Currently, we have fund balance terms such as reserved, unreserved and designated. Going forward under this new pronouncement we will have terms such as: a. Nonspendable b. Restricted c. Committed d. Assigned e. Unassigned Nonspendable fund balance would include amounts associated with inventory, prepaids, long-term receivables, property held for sale and the corpus of a permanent fund. In essence, nonspendable is the fund balance term to indicate that the respective CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 14 resources are not available to be spent in any way due to their very nature and, or their lack of availability. Restricted carries the same definition as set forth by GASB No. 34 relative to net assets. This would include any fund balance that is restricted in its use by: a) external parties; b) constitutional provisions; or, c) enabling legislation. Good examples in Georgia would include the fund balances associated with an E-911 Fund, a Hotel/Motel Tax Fund, or a SPLOST Fund. Another example would be the fund balance mandated by bond resolutions and covenants to be carried and reported in a Debt Service Fund. Committed fund balance represents amounts for which the governing board of the respective reporting government imposes constraints on how funds may or may not be used. In such a case, the only way a constraint can be removed or changed is by action of the respective governing board. Actions to constrain resources should occur prior to the end of a fiscal year, though the exact amount may be determined subsequently. Assigned fund balance represents amounts intended to be used for specific purposes with the intent being expressed by the reporting government’s governing board or a high level body or individual authorized by the governing board. With the exception of the General Fund, amounts in all other governmental funds that are not nonspendable, restricted or committed will be considered to be assigned. Also, at the fiscal year end any appropriation of existing fund balance to eliminate a projected budgetary deficit in the next year’s budget is considered to be an assignment of fund balance. Unassigned fund balance is anything that does not meet the above definitions and represents fund balance that is available for any purpose. The only fund that will ever report unassigned fund balance is the General Fund except in cases of other governmental funds reporting deficit fund balance (or negative fund balance). The biggest implication to consider today is how your fund balance will be reflected under these new reporting standards and what will interested parties think and understand these amounts to mean and represent. For instance, will your unreserved fund balance of today equate with unassigned fund balance of tomorrow? As you can see, financial reporting for governmental units continues to evolve and change with each and every GASB pronouncement. Along with the above financial statements elements this new pronouncements will require additional information and changes to the respective notes to the financial statements and the management discussion and analysis (MD&A). Such information will include the relevant policies and procedures of the City; consequently, the City should review the pronouncement and consider amending accounting and financial reporting policies that affect the categorization of fund balance, and such efforts should be prior to the close of the 2011 fiscal year. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 15 e) Other New Statements. The GASB continues to be busy preparing and issuing new pronouncements regulating financial reporting of governmental units. The following list provides brief information relative to new pronouncements that have recently been issued by the GASB. It is not expected that any of the pronouncements will have a significant impact on the financial reporting of the City: i. Statement No. 55, GASB Hierarchy of GAAP for State and Local Governments was effective upon issuance in March 2009. This pronouncement formalizes the order of priority on authoritative financial reporting guidance for governmental units. ii. Statement No. 56, Codification of Accounting and Financial Reporting Contained in AICPA Statements and Auditing Standards was also effective upon issuance in March 2009. Specifically, this standard addresses: a) related party transactions; b) subsequent events; and, c) going concern considerations. iii. Statement No. 57, OPEB Measurements by Agent Employers and Agent Multiple Employer Plans is effective the year ending September 30, 2012. This pronouncement should not affect the City unless the City becomes an agent for such plans. iv. Statement No. 58, Accounting and Financial Reporting for Chapter 9 Bankruptcies. This statement is currently effective and addresses financial reporting issues for governments who have declared bankruptcy. v. Statement No. 59, Financial Instruments Omnibus is currently effective and deals with certain financial instruments and external investment pools. This statement is not expected to significantly affect the City. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 16 3) Yellow Book Standards While GASB has been issuing new financial reporting pronouncements affecting governmental units, the Government Accountability Office (GAO) has been issuing revised standards relative to the audits of state and local governments. An exposure draft was issued in August 2010 by the GAO amending and revising Government Auditing Standards (the Yellow Book). It is expected that these standards will be finalized and issued in calendar year 2011. The more significant items addressed by the GAO in the August 2010 exposure draft included: a) Actions required if an impairment to auditor independence is identified; b) Definition of those charged with governance consistent with other AICPA audit guidelines; c) Definition of internal control deficiencies to be consistent with other AICPA audit guidelines; d) Promoting modernization of auditing standards consistent with technologies of today; e) Added requirements for reporting restatements of previously issued financial statements; f) Addressed standards related to 1) performance audits, and 2) internal audits; and, g) Changed and emphasized continuing education requirements of auditors in the governmental sector to obtain a minimum of 80 hours of continuing education every two (2) years. The GAO emphasized a significant component of these hours must be directly relevant to governmental auditing. Further, audit team specialist (actuaries, engineers, etc.) have specific guidelines as well. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 17 4) Sales Tax Collections and Remittances by the State of Georgia’s Department of Revenue During April and May 2009, the Georgia Department of Revenue (DOR) upgraded to a new system for distributing sales taxes and also changed their method of distribution. Previously, sales taxes collected were not substantially disbursed by the DOR to the local governments until two (2) months subsequent to the month that the sales taxes were collected. The DOR now claims the speed of remittances to local governments to substantially take only one (1) month as compared to their old system. However, we have found that recording only one month of receivable to not be appropriate in all circumstances based on actual results and information obtained from the DOR. Additionally, based on our conversations with the DOR, the DOR will no longer be providing the information used in the last year for revenue and related accruals reporting. Therefore, we recommend the City District continue to monitor this situation to determine the appropriate values for reporting sales tax revenues and accruals. One last thought on this subject - the DOR has created a new Sales Tax Distribution Report on its website which allows every local government the ability to identify its monthly sales tax distribution amounts from January 1999 to the present. In an effort to better manage the recognition of revenues, we recommend the City consider utilizing the information as part of its ongoing budget process. Summations of Thoughts Noted Above We believe the implementation of these suggestions will enhance both the control environment and the financial reporting process, making both more effective. We also believe these recommendations can be easily implemented, and all problems resolved quite timely should management elect to employ the corrective measures. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 18 FREE QUARTERLY CONTINUING EDUCATION AND NEWSLETTERS FOR GOVERNMENTAL CLIENTS Free Continuing Education. Beginning in March 2009, we began providing free quarterly continuing education for all of our governmental clients. Each quarter we pick a couple of significant topics tailored to be of interest to governmental entities. In an effort to accommodate our entire governmental client base, we offer the sessions two or three times per quarter at a variety of client provided locations resulting in greater networking among our governmental clients. We normally see approximately 100 people per quarter. We hope City staff and officials have been able to participate in this opportunity, and that it has been beneficial to you. We obtain the input and services of experience outside speakers along with providing the instruction utilizing our in-house professional. Examples of subjects addressed in the past few quarters include: a. CAFR Preparation b. GASB updates c. Internal Controls Over Revenue and Cash Receipting d. American Recovery & Reinvestment Act (ARRA) information and issues e. Collateralization of Deposits and Investments f. SPLOST Accounting, Reporting and Compliance g. Internal Controls Over Accounts Payable, Payroll and Cash Disbursements h. Capital Asset Accounting Processes and Controls i. Grant Accounting Processes and Controls j. American Recovery & Reinvestment Act (ARRA) Updates k. Policies and Procedures Manuals l. Segregation of Duties m. GASB No. 51 – Intangible Assets n. Single Audits for Auditees o. GASB No. 54 – Governmental Fund Balance (subject addressed twice) p. Best Budgeting Practices, Policies and Processes q. Internal Revenue Service (IRS) Compliance Issues, Primarily Payroll, for Governments. Governmental Newsletters. Beginning in August 2009, we began producing newsletters tailored to meet the needs of governments. The newsletters have addressed a variety of subjects, and are authored by Mauldin & Jenkins personnel. The newsletters are produced and delivered periodically, and are intended to keep you informed of current developments in the government finance environment. Communication. In an effort to better communicate our free continuing education plans and newsletters, please email Lauren Payne at LPayne@mjcpa.com (send corresponding copy to afraley@mjcpa.com), and provide to her individual names, mailing addresses, email addresses and phone numbers of anyone you wish to participate and be included in our database of client representatives and interested parties. We hope our additional services have been beneficial and a valuable use of your time. CITY OF MILTON, GEORGIA Annual Audit Agenda September 30, 2010 Mauldin & Jenkins CPA’s, LLC Page 19 CLOSING If you have any questions regarding any comments, suggestions or recommendations set forth in this memorandum, we will be pleased to discuss it with you at your convenience. This information is intended solely for the use of the City’s management, and others within the City’s organization and is not intended to be and should not be used by anyone other than these specified parties. We appreciate the opportunity to serve the City of Milton and look forward to serving the City in the future. Thank you. MAY IS OLDER AMERICANS MONTH WHEREAS, the older Americans of the City of Milton are a vital part of our nation’s demographic makeup; and WHEREAS, older citizens are members of our community entitled to dignified, independent lives free from fears, and misconceptions about aging; and WHEREAS, each community in America must strive to recognize the contributions of our older citizens, understand and address their evolving needs, and support their caregivers; and WHEREAS, our society is dependent upon intergenerational cooperation and support, and benefits from our collective efforts to serve older Americans and the people who love them; and WHEREAS, this year marks the 45th anniversary of the passage of the Older Americans Act by the United States Congress; and WHEREAS, parks and recreation activities enhance the physical health and mental well-being of older adults; and WHEREAS, participation in recreation programs improves strength and flexibility, and provides opportunities for older adults to learn new skills and meet new friends; and WHEREAS, the City of Milton is supporting and encouraging citizen participation in the 17th Annual North Fulton Golden Games to be held during the month of May at various locations throughout North Fulton County; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim May 2011 as OLDER AMERICANS MONTH in the City of Milton, and encourage all older citizens to become involved in the Milton community and remain physically active throughout their lifetime. Given under our hand and seal of the City of Milton, Georgia on this 25th Day of April, 2011. (Seal) _________________________________ Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: April 25, 2011 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Cosmo Foods, LLC d/b/a Paradise Biryani Pointe City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Cosmo Foods, LLC d/b/a Paradise Biryani Pointe for consumption on premises of wine and malt beverages. Background: City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Cosmo Foods, LLC d/b/a Paradise Biryani Pointe Contact Name: Pavan Bandi Business Address: 5310 Windward Pky, Ste D, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverages Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Lynn Tully, Director of Community Development 1 Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 1 of 23 RZ11-01 RA/ RZ03-140 RZ11-02 PROPERTY INFORMATION ADDRESS State Route 9 (South Side) west of Sunfish Bend DISTRICT, LAND LOT 2/2 758 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) – RZ03-140 PROPOSED ZONING TR (Townhouse Residential) ACRES 8.26 EXISTING USE Undeveloped PROPOSED USE 43 Single Family Residential Units PETITIONER Ashton Atlanta Residential, LLC, Mike Busher ADDRESS 1455 Old Alabama Road Roswell, GA 30075 770-642-6123 X157 REPRESENTATIVE Nathan V. Hendricks III PHONE 404-255-5161 INTENT To rezone from C-1 (Community Business) to TR (Townhouse Residential) to develop 43 single family detached homes on 8.26 acres at an overall density of 5.21 units per acre. COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2011 RZ11-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2011 RZ11-02 – APPROVAL 5-2 Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 2 of 23 RZ11-01 RA/ RZ03-140 The Planning Commission asked the applicant about the following issues: 1. The possibility of relocating the entrance further to west and to provide inter-parcel access with the Wyndham subdivision to the east. 2. Why the City Arborist requested that recompense trees be located behind the lots in the central part of the development. 3. Where the specimen trees were currently located on the site plan. (Along the right of way and within the deceleration lane.) 4. What was the current vacancy rate for townhomes? (Applicant pointed out that there wasn’t a demand right now for that product and the reason for proposing detached units.) 5. Whether the property had been considered for an office use. (Applicant stated that the property had been in the possession of the bank because of foreclosure and there had been no other interest in the property to develop with the current commercial zoning or office.) Mayor and City Council on April 25, 2011 4/18/2011 Page 3 of 23 RZ11-01 RA/ RZ03-140 Prepared by the Community Development Department for the LOCATION MAP Mayor and City Council on April 25, 2011 4/18/2011 Page 4 of 23 RZ11-01 RA/ RZ03-140 Prepared by the Community Development Department for the CURRENT ZONING MAP Mayor and City Council on April 25, 2011 4/18/2011 Page 5 of 23 RZ11-01 RA/ RZ03-140 Prepared by the Community Development Department for the FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 6 of 23 RZ11-01 RA/ RZ03-140 REVISED SITE PLAN SUBMITTED – MARCH 15, 2011 4/18/2011 Page 7 of 23 RZ11-01 RA/ RZ03-140 Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 SUBJECT SITE LOOKING SOUTH INTO LAKE LAUREL SUBJECT SITE LOOKING EAST TOWARD WYNDHAM Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 8 of 23 RZ11-01 RA/ RZ03-140 LOOKING NORTH TOWARD CROOKED CREEK Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 9 of 23 RZ11-01 RA/ RZ03-140 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ01-07 CUP (Community Unit Plan) The Greens at Crooked Creek 3.6 units/acre 2,400 sq. ft. North 2 RZ03-06 CUP (Community Unit Plan) Crooked Creek /Alpharetta Athletic Club 1.7 units/acre Varies by Pod Further East 3 RZ85-160 C-2 (Commercial) Beverage Depot 7,341 sq. ft./acre Further East 4 RZ84-220 C-2 (Commercial) Undeveloped 6,122 sq. ft./acre 1 story East 5 RZ04-27 CUP (Community Unit Plan) Kennewick Subdivision 4.99 units/acre 1,800 sq. ft. 2 car garage East 6 RZ00-115 TR (Townhouse Residential) Wyndham Subdivision 8.14 units/acre 1,400-1,800 sq. ft. South 7 RZ95-150 R-4A (Residential) Lake Laurel Subdivision 2.0 units/acre 2,400 sq. ft. Further West 8 RZ99-110 C-1 (Community Business) Shopping Center 8,636.36 sq. ft./acre 2 stories West 9 RZ00-141 TR (Townhouse Residential) Undeveloped 7.87 units/acre 1,800 sq. ft. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 10 of 23 RZ11-01 RA/ RZ03-140 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 11 of 23 RZ11-01 RA/ RZ03-140 SUBJECT SITE: The subject site contains 8.26 acres and is undeveloped. It is currently zoned C-1 (Community Business) pursuant to RZ03-140 for 62,240 square feet of retail, service commercial or office. It is located on the south side of Hwy 9 just west of Sunfish Bend. The site is located within the Office Land Use designation on the City’s Current Future Land Use Map. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 15, 2011, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) • Minimum lot area per unit shall be 2,000 square feet – The minimum lot size shown is 5,000 square feet • Maximum density allowed is 9 units per acre – The density of the subject site is 5.21 units per acre • Minimum lot width is 20 feet – The lots exceed the minimum requirement • Minimum lot frontage is 20 feet – The lots exceed the minimum requirement • Minimum heated floor area per unit is 1,100 square feet – The proposed minimum heated floor area is 2,000 square feet. • Maximum height – no building shall exceed 40 feet. The proposed buildings will not exceed the maximum height. The following are the building setbacks when one building per lot is proposed, and be as follows: • Front yard – 20 feet from right-of-way • Side yard – 7 feet • Side yard adjacent to a street – 15 feet • Rear yard- 25 feet The following are the minimum perimeter setbacks for the entire TR development: • Front yard adjacent to SR 9 – 40 feet • Side yard along the east and west property lines – 30 feet • Rear yard along the south property line –35 feet Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 12 of 23 RZ11-01 RA/ RZ03-140 • Maximum lot coverage. The area of the foot print of all buildings and parking shall not exceed 50 percent of the total land area. The proposed development covers less than 50 percent of the total land area. The site plan indicates compliance with the development standards. Staff will require that a minimum 20 foot setback from the garage door to the back of the curb be provided in order to ensure that the sidewalk is not blocked by a vehicle parked in the driveway. Secondly, a minimum of 4 spaces shall be provided for each residence based on the fact that the widths of the private streets are not sufficient to provide on street parking. LANDSCAPE STRIPS Staff notes that although the development is located within the SR 9 Overlay District, the overlay district does not apply to single family residential developments (Sec. 64-1069). Therefore the development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance as it pertains to buffers and landscape strips which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers. The site plan indicates a 20-foot landscape strip along Hwy 9 which is consistent with the SR 9 Overlay District. Although in strict adherence to the Zoning Ordinance a landscape strip is not required, Staff will specify the applicant provide a 20-foot landscape strip in the Recommended Conditions. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. The rear side of the homes will be fronting Hwy 9 and the City Arborist will require additional plantings within the 20 foot landscape strip to help screen the backs of the homes from view. It has also been City Council’s policy for developments along Hwy 9 to provide sidewalks with a color stamped pattern to simulate transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 13 of 23 RZ11-01 RA/ RZ03-140 Staff notes that a 20-foot landscape strip is required around the detention pond. It appears that the site plan complies with this requirement. In addition, a black four board equestrian fence shall be constructed interior to the landscape strip along the pond. In addition, the stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. The items discussed above will be in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. Staff notes that there were discussions at the Public Participation Meeting regarding a stream. Based on field observations by both the City Arborist and the applicant’s engineer, a perennial stream appears not to exist but it appears to be a drainage ditch. Staff notes that the Public Works department has included a condition to provide a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. ARBORIST COMMENTS The subject site is presently ninety percent (90%) barren of trees. There are few trees along the northern portion of property. There are small, insignificant trees along the eastern and southern portion of the property. The western portion has a fair amount of young pines. Every effort should be made to place all required trees on site. If not possible, the outstanding difference shall be placed into the reforestation fund. • Recompense for 41” oak • 39 (4”) trees for recompense will be required • 20’ landscape strip outside of detention pond fencing required • Approximately 330 (2”) trees for density • Recommend that most of the trees be installed at rear of lots 1-15 and 20- 43 CITY OF MILTON FIRE MARSHAL There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. PUBLIC WORKS DEPARTMENT Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 14 of 23 RZ11-01 RA/ RZ03-140 1. Will need detail on transition from 24’ to 22’ roadway 2. Bicycle and pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances (on street bike lane, 6 ft sidewalk located no more than 1 ft off right-of-way line and no less than 5 ft off back of curb) 3. Plan note #10 to be per Milton standards 4. Entrance location, striping and turn lanes subject to GDOT District 7 approval FULTON COUNTY BOARD OF EDUCATION The below table indicates the predicted student yields based on current data for a full build-out of all 43 single family residences. It shows average yields and average plus one standard deviation, to provide a high range estimate. ES MS HS Total Average 12.7 4.2 9.1 25.9 Avg + SD 20.1 7.3 15.2 42.7 This area is currently zoned for Alpharetta High, Hopewell Middle, and Cogburn Woods Elementary. Alpharetta High School’s enrollment is above the building’s capacity. Staff notes that these projections are included in the Board of Education’s plans for the current redistricting process. PUBLIC INVOLVEMENT On February 23, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were no members of the community in attendance. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Thursday, March 3, 2011 at the Windward Kroger Community Room. There were ten (10) citizens in attendance. The public expressed the following: 1.) What type of fencing was to be used along Highway 9? o The Community stated that it would prefer fencing compatible with that in the area and not the equestrian four Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 15 of 23 RZ11-01 RA/ RZ03-140 board fencing used in other areas of Milton. The Applicant confirmed that fencing would be used and that the Applicant would work with the immediately surrounding communities to come up with a style of fencing agreeable to both the applicant and surrounding communities. 2.) Stream at the rear of the property and how stream flow and detention would be addressed. o The applicant confirmed that it was aware of existing stream flow issues at the rear of the property and that the applicant would adequately address the issue with development of the property. The community agreed that the detention facility was being placed in the only area on the property that made sense. (Staff notes that after speaking to our environmental engineer and the applicant’s engineer that there appears not to be a perennial or state water that affects the site. There is a ditch for drainage that comes into a headwall in Lake Laurel to the south. ) 3.) The community requested on-site evaluation with the applicant to address landscaping along both Hwy 9 and the rear of the property. o The applicant agreed to arrange a meeting on the property with community representatives to discuss the issue of landscaping and to agree upon a landscaping plan that reasonably meets the concerns of the immediately surrounding communities and property owners. 4.) Immediately surrounding property owners adjoining the rear property line expressed concern over the building setback being 35 feet. o The applicant agreed to meet with those property owners adjoining the rear property line to come up with landscaping along the rear property that would reasonably protect the privacy of those property owners adjoining the rear property line. 5.) Traffic. Most of the concern expressed regarding traffic came from property owners within the Lake Laurel Subdivision. o The applicant acknowledged the challenges of the traffic in the area and committed to working with the surrounding communities to see if GDOT would agree to place a traffic Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 16 of 23 RZ11-01 RA/ RZ03-140 light along Hwy 9 in the general area of the property to better handle the flow of traffic. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – MARCH 1, 2011 Comments: • Structures look good, but you’ll need to deal with infrastructure issues in a significant way, i.e. • Put a street tree on every lot, • Light fixtures should be to scale, should be shorter/smaller, • High level, quality finishes, • No dog eared privacy fences, • How you deal with end caps will be critical, • Pay attention to your adjacency matrix. • Push for some kind of traffic control, to aid exiting traffic, • The entry/arrival sequence is critical. Include heavy landscaping, fencing to compliment Crooked Creek, • Include special consideration for visitor parking. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 43 lot single family residential subdivision developed at a density of 5.21 units per acre is consistent with nearby properties. Wyndham located to the east is zoned TR (Townhouse Residential) and developed with townhomes at a density of 8.14 units per acre. Further to the east is Kennewick zoned CUP (Community Unit Plan) developed with detached single family residences at a density of 4.99 units per acre. To the west is undeveloped property zoned TR (Townhouse Residential) at a density of 7.87 units per acre. Across State Route 9 to the north is The Greens at Crooked Creek zoned CUP (Community Unit Plan) at a density of 3.6 units per acre. The remainder of Crooked Creek and the Atlanta Athletic Club are also zoned CUP (Community Unit Plan) but at a density of 1.7 units per acre. To the south is Lake Laurel zoned R4A (Residential) at a density of 2.2 units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 17 of 23 RZ11-01 RA/ RZ03-140 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development is within the range of existing approved densities and uses in the area. Provision of a street extension for future connection to the west provides a benefit to the adjacent property. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use currently zoned C-1 (Community Business) for a total of 62,240 square feet of retail commercial, or office. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services, utilities, or schools as proposed. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed redistricting. The applicant will provide the required transportation improvements as shown on the site plan indicating a deceleration lane and left turn lane. In addition, a future inter-parcel access to the undeveloped TR (Townhouse Residential) to the west is shown on the site plan. These improvements will help ameliorate the increased amount of traffic created by the proposed development. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: Office Proposed use/density: Single Family Residential at 5.21 units per acre The Future Land Use Plan Map suggests Office for the subject site and the properties to the east to the Fulton-Forsyth County line, and continues Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 18 of 23 RZ11-01 RA/ RZ03-140 west to Lake Laurel along the south side of State Route 9. The proposed TR (Townhouse Residential) development does not conform to the Land Use Plan Map for Office. The Milton City Council adopted the Partial Plan Update to the City’s Comprehensive Plan on December 21, 2009. The proposed development is consistent with the following Plan Policies if developed with the recommended conditions: • We will accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City. • We will encourage development of housing opportunities that enable residents to live close to their places of employment. • We will support new land uses that enhance housing options in our community while maintaining support for the existing developed lower density, rural, agrarian, equestrian, and residential areas of the City. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Although the proposed development is consistent with adjacent and nearby zonings and developments, it is inconsistent with the Future Land Use Plan which shows the subject site should be Office and in the currently recommended comprehensive plan also shows Office as appropriate. The Office designation is also recommended along the entire south side of Hwy 9 from just north of the entrance of Lake Laurel to the Forsyth County line going north. Based on the fact that the Future Land Use Plan recommends Office, it is grounds to recommend disapproval for the proposed TR (Townhouse Residential) zoning developed with single family residential units. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 19 of 23 RZ11-01 RA/ RZ03-140 development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION Although the proposed development is consistent with adjacent and nearby developments in the area and appears to meet the required development requirements, it is inconsistent with the Future Land Use Plan’s recommendation of Office as well as the Future Land Use Plan approved by the State. Therefore, Staff recommends DENIAL of RZ11-02 to rezone from C-1 (Community Business) to TR (Townhouse Residential) to develop a 43 lot single family residential subdivision. If the Mayor and City Council recommend approval, Staff provides the following Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 20 of 23 RZ11-01 RA/ RZ03-140 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 43 total dwelling units at a maximum density of 5.21 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 15, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 21 of 23 RZ11-01 RA/ RZ03-140 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) All new sidewalk installations along Hwy 9 right-of-way shall have a color stamped pattern to simulate a transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. f) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. g) Provide a 20-foot landscape strip along Hwy 9 interior to the new right- of-way. h) Provide a minimum of one (1) tree (2” caliper) per lot as approved by the City Arborist. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way on SR 9 from the back of curb of all abutting road improvements, along the entire property frontage, as well as allowing the necessary construction easements while right-of-way is being improved. 1. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross Comment [r1]: This was added after the Planning Commission Meeting based on discussions with the Public Works Department. Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 22 of 23 RZ11-01 RA/ RZ03-140 sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or the Georgia Department of Transportation. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1. NB/EB Right Turn Lane on SR 9 at new access drive, 2. SB/WB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. The location of the landscape strip with the reserved right-of-way to be determined by the Director of Community Development. i. 55 feet from centerline of SR 9 or as may be required by GDOT. c) Access to the site shall be subject to the approval of the GDOT District 7 Access Management Engineer and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the west property line as approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the Prepared by the Community Development Department for the Mayor and City Council on April 25, 2011 4/18/2011 Page 23 of 23 RZ11-01 RA/ RZ03-140 acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Pursuant to the acquisition of offsite easements the discharge from the stormwater management facility shall be piped with the appropriate connections to the headwall shown on Lot 17 of the Laurel Lakes Subdivision. c. The discharge from the junction box and 30” CMP on Lot 13 shall be removed and all associated flows to this location directed to the stormwater management facility. d. Applicant shall provide the City of Milton Community Development Department with a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. Should the evaluation determine that an intermittent or perennial stream exist in this location the appropriate buffers shall be applied as required by the City of Milton Community Development Department. ORDINANCE NO._______ PETITION NO. RZ11-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) TO TR (TOWNHOUSE RESIDENTIAL) FOR A 43 LOT SINGLE FAMILY SUBDIVIISION PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 9 WEST OF SUNFISH BEND HAVING A FRONTAGE OF 666.33 FEET (22-5390-0758-025-2) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on the south side of Hwy 9 with frontage of 666.33 feet, consisting of a total of approximately 8.26 acres as described in the attached legal description, be rezoned to the TR (Townhouse Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 758 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 13 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL RZ11-02 The City of Milton Mayor and City Council approved the rezoning of property located on the south side of Hwy 9 west of Sunfish Bend with a frontage of 666.33 feet for TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 43 total dwelling units at a maximum density of 5.21 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 15, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) All new sidewalk installations along Hwy 9 right-of-way shall have a color stamped pattern to simulate a transverse double row brick paver pattern every 50 feet, to be approved by the City of Milton Design Review Board. f) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. g) Provide a 20-foot landscape strip along Hwy 9 interior to the new right-of- way. h) Provide a minimum of one (1) tree (2” caliper) per lot as approved by the City Arborist. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way on SR 9 from the back of curb of all abutting road improvements, along the entire property frontage, as well as allowing the necessary construction easements while right-of-way is being improved. 1. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or the Georgia Department of Transportation. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1. NB/EB Right Turn Lane on SR 9 at new access drive, 2. SB/WB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. The location of the landscape strip with the reserved right-of-way to be determined by the Director of Community Development. i. 55 feet from centerline of SR 9 or as may be required by GDOT. c) Access to the site shall be subject to the approval of the GDOT District 7 Access Management Engineer and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter- parcel access on the west property line as approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Pursuant to the acquisition of offsite easements the discharge from the stormwater management facility shall be piped with the appropriate connections to the headwall shown on Lot 17 of the Laurel Lakes Subdivision. c. The discharge from the junction box and 30” CMP on Lot 13 shall be removed and all associated flows to this location directed to the stormwater management facility. d. Applicant shall provide the City of Milton Community Development Department with a stream evaluation prepared by a qualified environmental professional for the stream channel on the western side of the property. Should the evaluation determine that an intermittent or perennial stream exist in this location the appropriate buffers shall be applied as required by the City of Milton Community Development Department. REVISED SITE PLAN SUBMITTED – MARCH 15, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 1 of 21 U11-01/VC11-01 RA/ U96-005 U11-01/VC11-01 UNION PRIMITIVE BAPTIST CHURCH PROPERTY INFORMATION ADDRESS 335 Cox Road DISTRICT, LAND LOT 2/2, 1092 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 3.187 EXISTING USE 3,690 sq. ft. Church and 2,060 sq. ft. Fellowship Hall PROPOSED USE Expand existing Fellowship Hall OWNER Union Primitive Baptist Church ADDRESS 335 Cox Road Roswell, GA 30075 REPRESENTATIVE Scott Reece, Brumbelow-Reese & Associates ADDRESS 13685 Highway 9 Milton, GA 30004 PHONE 770-475-6817 INTENT To increase the size of the existing Fellowship Hall from 2,060 square feet to 3,000 square feet and a concurrent variance to delete the 50-foot undisturbed buffer and 10-foot improvement setback along the west property lines to allow the encroachment of the existing driveway, basketball court, portion of the Fellowship Hall and the cemetery. (Sec 64-1141(3) a.) COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2011 U11-01 - APPROVAL CONDITIONAL VC11-01 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2011 U11-01 - APPROVAL CONDITIONAL - 7-0 VC11-01 – APPROVAL CONDITIONAL – 7-0 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 2 of 21 U11-01/VC11-01 RA/ U96-005 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 3 of 21 U11-01/VC11-01 RA/ U96-005 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 4 of 21 U11-01/VC11-01 RA/ U96-005 FUTURE LAND USE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 5 of 21 U11-01/VC11-01 RA/ U96-005 SITE PLAN SUBMITTED FEBRUARY 4, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 6 of 21 U11-01/VC11-01 RA/ U96-005 VIEW OF SANCTUARY AND CEMETERY LOOKING FROM COX ROAD VIEW OF SANCTUARY LOOKING WEST Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 7 of 21 U11-01/VC11-01 RA/ U96-005 SOUTH SIDE OF FELLOWSHIP HALL PROPOSED LOCATION OF FELLOWSHIP HALL (RIGHT SIDE OF BLDG) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 8 of 21 U11-01/VC11-01 RA/ U96-005 FRONT OF EXISTING FELLOWSHIP HALL Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 9 of 21 U11-01/VC11-01 RA/ U96-005 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North U87-60 AG-1 (Agricultural) Georgia Golf Driving Range Northeast U93-24 AG-1 (Agricultural) Ebenezer Methodist Church East RZ06-21 CUP (Community Unit Plan) Crabapple Oaks S/D (City of Roswell) N/A Further East U02-11 R-6 (Two Family Residential) The Porter School (City of Roswell) South and Southwest AG-1 (Agricultural) Scattered Single Family Residences and Summerhill Estates S/D (City of Roswell and Milton) Minimum 1 acre West and Northwest AG-1 (Agricultural) Scattered Single Family Residences (City of Milton and Roswell) Minimum 1 acre Northwest AG-1 (Agricultural) Heydon Hall Subdivision (City of Roswell) Minimum 1 acre SUBJECT SITE: The subject site is a 3.187 acre tract of agriculturally zoned land, located on the southwest corner of Cox and Ebenezer Roads. Staff notes that the location map indicates two parcels that have been combined into one parcel containing a total of 3.187 acres. The subject site is developed with an existing church, fellowship hall, associated parking, driveways, basketball court, and cemetery. Staff notes that the driveway onto Ebenezer Road was constructed around 2005 on the parcel that primarily fronts Ebenezer Road. This parcel was not included in the original Use Permit granted in 1996 pursuant to U96-005. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 10 of 21 U11-01/VC11-01 RA/ U96-005 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 4, 2011, Staff offers the following considerations: PARKING REQUIREMENTS The site plan indicates a total of 28 spaces. The subject site has an approved concurrent variance to provide a total of 25 parking spaces (95VC-17, Part 4). Staff notes that the addition to the fellowship hall will not impact the number of parking spaces needed as the ratio is based on the number of fixed seats in the sanctuary. It appears that the site can meet the requirements of Sec. 64-1141 (2) a. It requires that the applicant provide a 10 foot landscaped island for every 72 feet of double row length or 90 feet of single row length of parking spaces. Use Permit Standards Per Sec. 64-1804 (b) (2), no parking shall be located within the minimum front yard setback. The site was granted a concurrent variance to allow parking within the minimum front yard pursuant to 95VC-17, Part 1. The proposed expansion of the fellowship hall meets the remainder of the use permit standards for a church. Northwest Overlay District BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING Sec 64-1145 (6) c. requires that no on-site parking shall be located to the front of a building and/or between a building and the public right-of-way. As stated above, pursuant to 96VC-17, Part 1 allows parking in this area. BUILDING SETBACKS Sec. 64-1145 (3) a. of the Northwest Fulton Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way from 0 to 400 feet from an intersection. Based on the fact that the two buildings existed prior to the adoption of the Northwest Fulton Overlay District, a variance is not required. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 11 of 21 U11-01/VC11-01 RA/ U96-005 BUILDING HEIGHT Sec. 64-1145(4) of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has not specifically indicated the height of the existing structure and addition, but it appears to meet this standard based on the existing conditions. LANDSCAPE STRIPS AND BUFFERS Sec 64-1141(1) a. requires a 10 foot landscape strip along all public streets. Although the applicant was granted a variance to delete the required 20 foot landscape strip as was required in 1996; Staff recommends that the applicant preserve the large wooded area adjacent to Ebenezer Road and the portion along Cox Road that was not in the original Use Permit granted in 1996. A condition will be included in the recommended conditions to reflect the preservation of this wooded area. Sec. 64-1141 (3) a. of the Northwest Overlay District requires a 50 foot undisturbed buffer, with a 10’ improvement setback, located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant requested a concurrent variance to reduce the undisturbed buffer and 10 foot improvement setback to zero feet along the west property lines where the cemetery, fellowship building, driveway and basketball court encroach into the buffer. Staff notes that based on the fact that the cemetery was located on the site prior to the adoption of any type of zoning ordinance and it is an “exceptional condition not caused by the applicant” (Sec 64.1883). The deletion of the buffer and improvement setback should be approved along the portion of the west property line where the cemetery is located. Pursuant to U96-005/VC96-17, the applicant was granted a reduction of a 25 foot undisturbed buffer and 10 foot improvement setback to zero feet along what was then the existing north property line. This line was approximately located across the driveway labeled “existing concrete driveway” and just below the existing basketball court going in an east/west direction. Based on the fact that this variance was granted and since that time, the Northwest Fulton Overlay District was adopted requiring a greater buffer of 50 feet, this was an “exceptional condition not caused by the applicant” (Sec 64.1883). In addition, based on the existing construction of the Fellowship Hall being an A- frame roof construction, the location of 28” white oak’s drip line, it appears that this is the only alternative placement for the addition. The existing basketball court and driveway onto Ebenezer Road were installed prior to the existence of the City of Milton’s incorporation; Staff will allow these encroachments to remain. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 12 of 21 U11-01/VC11-01 RA/ U96-005 Therefore, Staff recommends APPROVAL CONDITIONAL U11-01 and VC11-01with the recommended conditions. PUBLIC INVOLVEMENT On February 23, 2011 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were no members of the community in attendance. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and Report. The Public Participation meeting was held at the church on February 15, 2011 between the hours of 5:00 p.m. and 9 p.m. There was no one who attended the meeting. Public Comments – Staff has received one e-mail which is attached at the end of the report. City of Roswell Community Development Department Staff provided information to the City of Roswell and they were not opposed to the proposed development. City of Milton Design Review Board Meeting – March 1, 2011 The following recommendations were made by the DRB: • To increase the size of the existing Fellowship Hall from 2,060 square feet to 3,000 square feet and a concurrent variance to delete the 50-foot undisturbed buffer and 10-foot improvement setback along the west property lines to allow the encroachment of the existing driveway, basketball court, portion of the fellowship Hall and the cemetery. Comments: ƒ Get letter from adjacent property owners, ƒ On site plan, show location of existing buildings on adjacent properties (Staff notes that there are no buildings along the western property lines of the site) ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, or sensitive plant and animal Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 13 of 21 U11-01/VC11-01 RA/ U96-005 species. The new construction will not impact any historical or archeological entities. City of Milton Fire Marshal There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. City Arborist CONDITIONS: There are no specimen trees that will be impacted and appears that only a couple, if any trees will need to be removed. Northwestern buffer: existing driveway presently encroaching into the 50’ buffer. Remaining vegetation is fairly dense with deciduous material. There is little to no room for additional plantings. North central buffer: little vegetation is this 50’ area; there are some decent size hardwoods, but little screening material in this area. Adjacent property to the north is denser with existing, mostly deciduous vegetation. Western buffer: Adjacent to cemetery, fairly dense, deciduous material. There is little room for additional plantings without creating disturbance to an otherwise undisturbed area. Comments: The north central buffer is the only buffer that would readily accommodate additional plantings. The best that can be done to address buffer requirement is to remove existing hardwoods and replant buffer. The adjacent property is heavily wooded with young hardwood trees. With the intent to not remove trees to plant trees, at most would require that some additional plantings be installed within this area, at city arborist discretion. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 14 of 21 U11-01/VC11-01 RA/ U96-005 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Sec.64-1804 of the Zoning Ordinance, the proposed development is consistent with the intent and following policy of the Partial Plan Update: • We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed expansion is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development if approved with the recommended conditions. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed should not generate an increase in traffic based on the fact that the expansion will not increase the number of trips to the site. E. The location and number of off-street parking spaces; As indicated in the Site Plan Analysis, the subject site requires a total of 25 parking spaces located within the minimum front yard pursuant to VC96- 17. The site plan indicates an additional 3 parking spaces on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 15 of 21 U11-01/VC11-01 RA/ U96-005 F. The amount and location of open space; The applicant’s site plan indicates that approximately half of the subject site remains undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance, existing concurrent variances, the existing wooded areas adjacent to Ebenezer Road and portions of the western property lines, there is adequate screening for the proposed development. H. Hours and manner of operation; The applicant has stated that the operations for the church will be primarily on Sunday from 10 a.m. to 1 p.m. and on Wednesday from 6:30 p.m. to 9:00 p.m. I. Outdoor lighting; The applicant has minimal security lighting on site. Staff notes that the site shall be in compliance with Sec. 64-1144 of the Northwest Fulton Overlay District regarding outdoor lighting. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Ebenezer Road and two curb cuts on Cox Road. CONCLUSION The proposed church is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of U11-01 for the church and expanded fellowship hall. In addition, Staff recommends APPROVAL CONDITIONAL of VC11-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 16 of 21 U11-01/VC11-01 RA/ U96-005 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for a church (Sec. 64-1804) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Existing 3,690 square foot church and accessory uses and a 3,000 square foot fellowship hall. b) Limit the number of seats to 125. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 4, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide for parking within the minimum front yard. (96VC-17) b) Provide for the reduction of the 20 foot landscape strip to zero along Cox Road.(96VC-17) c) Provide for a total of 25 parking spaces. (96VC-17) d) To allow the existing cemetery, driveway, basketball to encroach into the 50 foot buffer and 10 foot improvement setback along the western property lines. (VC11-01) e) To allow the proposed expansion of the fellowship hall to encroach into the 50 foot buffer and 10 foot improvement setback along the western property line. (VC11-01) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 17 of 21 U11-01/VC11-01 RA/ U96-005 f) To preserve the wooded areas within the 60 foot minimum building setback along Cox Road and the 40 foot minimum building setback along Cox Road up to the northern curb cut. g) The number and location of all exit/entrance(s) to the site are subject to the approval of the Milton Public Works Department. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 18 of 21 U11-01/VC11-01 RA/ U96-005 To whom it may concern, We are the owners of 360 COX ROAD property. We would like to inform you that we oppose the part of the application that requests to delete the 50 - foot undisturbed buffer and 10 - foot improvement setback along the property lines. We also oppose to reducing the buffer only a few feet, or to allow an encroachment of any kind of building, or another use, including a cemetery, along all the property lines. We think that this minimal unbuild or unused space should exist between public and private places along all the property lines, including between public places and the street. Thank you for your consideration, Sincerely, Hava Sarig Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 19 of 21 U11-01/VC11-01 RA/ U96-005 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 20 of 21 U11-01/VC11-01 RA/ U96-005 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 4/18/2011 Page 21 of 21 U11-01/VC11-01 RA/ U96-005 ORDINANCE NO._______ PETITION NO. U11-01/VC11-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A CHURCH AT 335 COX ROAD, LOCATED ON THE WEST SIDE OF COX ROAD HAVING A FRONTAGE OF 479.25 AND THE SOUTH SIDE OF EBENEZER ROAD HAVING A FRONTAGE OF 292.36 FEET BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended so that the following property located as described above, consisting of a total of approximately 3.187 acres as described in the attached legal description, be granted a Use Permit for a church (Chapter 64, Article IX, Division 5, Sec. 64-1804 with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1991 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec 64-1804 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL U11-01/VC11-01 The City of Milton Mayor and City Council approved a USE PERMIT for a church CONDITIONAL (Sec. 64-1804) at 335 Cox Road subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Existing 3,690 square foot church and accessory uses and a 3,000 square foot fellowship hall. b) Limit the number of seats to 125. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 4, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide for parking within the minimum front yard. (96VC-17) b) Provide for the reduction of the 20 foot landscape strip to zero along Cox Road.(96VC-17) c) Provide for a total of 25 parking spaces. (96VC-17) d) To allow the existing cemetery, driveway, basketball to encroach into the 50 foot buffer and 10 foot improvement setback along the western property lines. (VC11-01) e) To allow the proposed expansion of the fellowship hall to encroach into the 50 foot buffer and 10 foot improvement setback along the western property line. (VC11-01) f) To preserve the wooded areas within the 60 foot minimum building setback along Cox Road and the 40 foot minimum building setback along Cox Road up to the northern curb cut. g) The number and location of all exit/entrance(s) to the site are subject to the approval of the Milton Public Works Department. SITE PLAN SUBMITTED ON MARCH 4, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 1 of 9 4/4/2011 PETITION NUMBER: ZM11-01 PROPERTY INFORMATION ADDRESS Crooked Stick Drive, Lot 9 Estates at Atlanta National DISTRICT, LAND LOT 2/2, 849 OVERLAY DISTRICT Northwest EXISTING ZONING CUP (Community Unit Plan RZ85-181 EXISTING USE Undeveloped PROPOSED USE Single Family Residence APPLICANT Charles Feyt for Atlanta National LLC ADDRESS 13510 Providence Lake Drive Milton, GA 30004 APPLICANT’S REQUEST: To modify condition 1.e. (RZ85-181) to reduce the 100-foot building setback along the south property lines to 50 feet and to reduce the 100-foot building setback along the west property line to 40 feet. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-01 – DEFERRAL TO THE MAY 16, 2011 CITY COUNCIL MEETING The applicant has requested a deferral to amend the request per his letter attached to this report. This will allow time for Staff to re-advertise the new request. LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 2 of 9 4/4/2011 PROPOSED REVISED SITE PLAN RZ85-181 SUBMITTED MARCH 1, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 3 of 9 4/4/2011 EXISTING SITE PLAN – RZ85-181 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 4 of 9 4/4/2011 Subject site looking toward lot 8 Interior of lot Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 5 of 9 4/4/2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 6 of 9 4/4/2011 Condition to be Modified: (RZ85-181) 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan). ANALYSIS AND RECOMMENDATIONS The subject site is a 3.215 acre undeveloped, heavily wooded residential lot located in Estates at Atlanta National (formally known as The Estates at National). It is zoned CUP (Community Unit Plan) pursuant to RZ85-181. The applicant is requesting to reduce the 100-foot perimeter building setback along the southern property lines to 50 feet and the west property line to 40 feet to construct a single family residence with approximately 4,500 square feet. The Capital City Club golf course is located to the south and west of the subject property with an access road and a single family residence to the east. The applicant also owns a small parcel just north of lot 9 not included in the subject subdivision and the Atlanta National Golf Club owns the remainder of the property to the north. Condition 1.e. requires a 100 foot building setback from the property line of the CUP for all adjacent properties. The site plan indicates that the proposed residence will encroach into a portion of the 100 foot perimeter setback by 50 feet along the south property line and 40 feet along the west property line. The lot is shaped like a reversed “flag” with frontage along Crooked Stick Drive. The southern portion of the lot is 80 feet in width in addition to the proposed 50 foot building setback. Under the current conditions there isn’t adequate area to build a house of the size proposed. Staff notes that there is a 25 foot side building setback along the north property line of the “pole” portion of the flag shaped lot. The required 100 foot setback along the west property line and the required 60 foot front setback (the site plan is incorrectly labeled 25 feet) along the east property line also do not provide sufficient area to build a house. The applicant also proposes a 30 foot undisturbed buffer adjacent to the Capital City Club along the south and western property lines to provide additional screening for the golf course. Staff will also include the 30 foot undisturbed buffer in the recommended conditions. The applicant has submitted support letters from the adjacent property owner to the east at 270 Crooked Stick Drive (lot 8) where the closest residence is located and another from the Estates at Atlanta National Homeowners Association. Staff notes that the City of Milton Mayor and City Council have approved two previous Zoning Modifications to reduce the same 100 foot building setback from the property line of the CUP pursuant to ZM09-01 on Atlanta National Drive and ZM07-02 on Crooked Stick Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 7 of 9 4/4/2011 Drive. In addition, the Fulton County Board of Commissioners approved three requests to reduce the 100 foot building setback from the property line of the CUP. CONCLUSION Based on the shape and multiple building setback requirements that leave the lot with extremely limited developable area, Although Staff recommends APPROVAL CONDITIONAL of ZM10-01 to modify condition 1.e to provide a 50 foot building setback along the southern property lines and 40 feet along the west property line, the applicant is requesting a deferral to allow the request to be modified and re-advertised. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 8 of 9 4/4/2011 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 50 foot building setback along the south property line and a 40 foot building setback along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 25, 2011 Page 9 of 9 4/4/2011 ORDINANCE NO. PETITION NO. ZM11-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z85-181 ON OCTOBER 2, 1985, PROPERTY LOCATED ON PROVIDENCE ROAD WITHIN LAND LOTS 735, 736, 777, 778, 806, 807, 808, 849, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 95.696 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that approved a zoning to CUP (Community Unit Plan) property located Providence Road consisting of a total of approximately 95.686 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located on Crooked Stick Drive, Lot 9 (22-3811-0807-017-6); and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-01 Crooked Stick Drive Lot 9 (22-3811-0807-017-6) Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #9 which shall provide a 50 foot building setback along the south property line and a 40 foot building setback along the west property line. 2. To the owner’s agreement to abide by the following: e. To provide a 30 foot undisturbed buffer along the south and west property lines. REVISED SITE PLAN SUBMITTED MARCH 1, 2011 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully AICP, Community Development Director Date: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-03 - To amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to the State Route 9 Overlay District. Background: The Mayor and City Council created the Hwy 9 Design Guidelines Committee in early 2009 to develop design guidelines for the Hwy 9 area. These Guidelines were approved by the Mayor and City Council through Resolution on December 20, 2010. Through this process, the Committee created additional design concepts for the Hwy 9 area that needed to be included in the State Route 9 Overlay District for future developments. In addition, both Staff and the Committee agreed that the design requirements created by Deerfield (enforced through their association) needed to be included in the amendments to the State Route 9 Overlay District for future developments. The major changes were reviewed by the City Design Review Board and two joint work sessions were held between the Planning Commission and the Highway 9 Design Guidelines Committee. Lastly, the Planning Commission made their recommendations to the amendments on March 22, 2011. The text amendments presented are a result of the various meetings. Discussion: This is the first major edit to the Hwy 9 Overlay District since the creation of the City of Milton. Listed below is a summary of the major changes and additions to the Overlay: − ACCESS - Internal access and rear service drives should be designed to join together existing streets and to connect adjoining properties. Vehicular circulation between parcels should be required by inter-parcel access in order to minimize traffic on streets and to encourage pedestrian traffic between parcels City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 − BUILDING PLACEMENT – Require placement of buildings near the street. Maximum setback for buildings less than 50,000 square feet is a 100 foot setback; Maximum setback for buildings greater than 50,000 square feet is a 300 foot setback for State Route 9. − PARKING AND PAVING – On site parking shall be located to the side and rear of building when buildings are located close to the road. − Newly developed streets shall be designed to accommodate on street parking. − Provide a more user friendly method for calculating shared parking. − Revise parking standards to provide ratios for additional land uses and for today’s industry standards. (This was addressed through RZ11-04) − Require new developments or redevelopments to minimize the amount of impervious paving materials. − STORMWATER MANAGEMENT FACILITIES – If facilities are located above ground they shall be located in the least conspicuous area of the project site or design them to create a natural look. − STREET FURNITURE/LIGHTING – Adopt street furniture standards and lighting as specified in Guidelines Document. − FENCING – Require one of the types of preferred fencing styles depicted in the Guidelines for all commercial development or redevelopment. Do not want the same design throughout the corridor. − ARCHITECTURE (NON- RESIDENTIAL) – Amend the existing requirements to encourage the overall character of the buildings to be consistent with the State Route 9 Overlay district including the color palate. − AMENITIES – For developments over 75,000 square feet provide and furnish amenity areas such as pocket parks, plazas, public art and walking and recreational trails. The Planning Commission has asked that this section be further studied prior to adoption. • Deerfield Overlay – Creation of a new overlay to be a subset of the State Route 9 Overlay District. − To cover the areas as defined by the Deerfield Master Association. − Primary goal is to adopt the same architectural standards as currently required by Deerfield to assist future development/redevelopment to be consistent with the existing buildings. − There is support from the Deerfield Owners Association. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney   1  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Sec. 64-1068. - Purpose and intent. (a) The mayor and city council hereby declares it to be the purpose and intent of this division to establish a uniform procedure to provide for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. (b) This division is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the city's citizens through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. (c) This division also seeks to: (1) reduce congestion on the streets; (2) provide safety from fire, flood and other dangers; (3) provide adequate light and open space; and (4) protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. (d) This division also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. (e) In consideration of the character of the State Route 9 Overlay District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. Sec. 64-1069. - Regulations; applicability. (a) The State Route 9 Overlay District applies to all properties (except single-family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, January, 2011.September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the city within the area delineated on the attached map. (b) Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this division conflict with any other division or article section in this zoning ordinance or any other city ordinances, regulations, or ordinances,or the standards set forth in this division shall prevail. Sec. 64-1070. - Design review board. The city design review board as set forth in section 64-1120 of this zoning ordinance shall review for approval all plans for development, except for single-family detached dwelling units, in the State Route 9 Overlay District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit orand demolition permits for both residential and nonresidential structures. The design review board shall make only recommendations to the board of zoning appeals for primary variances. Secs. 64-1071—64-10891086. - Reserved Sec 64-1087-Building Placement along State Route 9   2  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (a) Maximum setback for buildings less than 50,000 square feet shall be 100 feet measured  from the right‐of‐way.    (b) Maximum setback for buildings greater than 50,000 square feet shall be 300 feet  measured  from the right‐of‐way.    (c) All buildings shall be oriented to face a street ore courtyard.  Sec. 64-1088 – Stormwater Management Facilities (a) All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20,  Article 4 of the City Code)    (b) If facilities are located above ground they should be located in the least conspicuous area of  the site or be designed  them to create a natural look.   Sec. 64‐1089 – Outdoor Public Amenity Areas   (a)  For developments over a total of 75,000 square feet gross building area, an amenity area  must be provided. Examples include but are not limited to pocket parks, plazas, public art,  and walking and recreational trails.     (b)  When  Any Sstreet furniture, benches, trash receptacles and or pedestrian street lights  installed in an Amenity Area  must  be of a type indicated below or similar are provided, the  following models are required or as approved by the City of Milton Design Review Board.  a. benches – Victor Stanley Classic Series CR‐138 in black with no center arm rest.   b. trash receptacles – Victor Stanley D‐35 in black.         c.    pedestrian street light  ‐ Philips Lumec Domus Series black.               Victor Stanley Classic series CR‐138 bench and Victor Stanley D‐35     3  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue      Philips Lumec Domus Series pedestrian street light .  Sec. 64-1090. - Landscaping. (a) A minimum 20-foot-wide landscape strip along the following roads is required when Aarticle III of this Zzoning Oordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road. (b) A minimum ten -foot wide landscape strip is required along any interior property line adjacent to a nonresidential zoning or use. (c) For each 30 linear feet of landscape strip, a minimum of one three-inch caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the community development director City Arborist. Sec. 64-1091. - Undisturbed buffers. (a) For sites on four acres or less, a 50-foot-wide undisturbed buffer, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. (b) For sites on more than four acres, a 75-foot-wide undisturbed buffer, with a ten- foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. (c) To make Bbuffers seem natural shall consist of, an equal mix of three species from Appendix J of Sec 60-411, the "Acceptable Evergreen Plant Material for City of Milton for Undisturbed Buffers." shall be used. Comment [r1]:  The Planning Commission  recommended this section should be further  evaluated to provide additional requirements for  defining “public” and the amount of property to be  set aside for amenities.    4  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Sec. 64-1092. - Screening and fencing. (a) If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100 percent opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. (b) Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be three feet in height at planting and four feet minimum height at maturity and three feet to eight feet in width at maturity. (c) Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be approved by the City Arborist (d) Dumpster Refuse collection areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on three sides with opaque walls. The fourth side shall be a self-closing gate made from noncombustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (agricultural) property line. (e) Accessory site features located on the ground shall be screened from view from any public right-of- way or any residential use by one or a combination of the following: placement behind the building, 100 percent opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. (f) Accessory site features are prohibited in the front yard or in any yard adjacent to a street. (g) Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the community development director. No parapet shall be required to be greater than four feet above the roof. (h) Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than four feet above roof. (i) Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood f.encing materials shall be primarily dark stained wood and could include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Pictured below are examples that are in keeping with the equestrian and rural character of Milton. Unpainted and unstained pressure-treated wood is prohibited.   5  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (j) Fences and posts adjacent to a public street shall not exceed 55 inches in height measured from finished grade. (k) Chainlink fencing may be used along golf courses, play fields, and other recreational areas. All chainlink fencing shall be black or hunter green vinyl coated. Exception: chainlink fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. (l) When required, fencing material around detention/retention facilities shall meet the fencing requirements as specified by Sec 64-1092 (i) be black or hunter green vinyl coated chainlink fence or as approved by the community development director. (m) Painted chainlink fences are prohibited. (n) Opaque fences are only permitted in side and rear yards not adjoining any roadways. Sec. 64-1093. - Pedestrian paths. (a) Sidewalks are required along all public and private road frontages and shall be a minimum of six feet wide. (b) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 9 pt, Font color: Black   6  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Sidewalks, multiuse paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a land disturbance permit. (c) Sidewalks shall be allowed to meander as topography permits subject to the approval of the director of the community development department. Community Development Director. (d) Multiuse paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the director of community development Community Development Director and the director of public works Public Works Director when the path is part of the Ccity bicycle and pedestrian plan. (e) Multiuse paths designed for use by bicyclists bicycles and pedestrians shall be 12 feet wide. (f) Multiuse paths designed with separate paths for bicyclists bicycles and pedestrians shall be 15 feet wide, ten 10 feet for bicycles and five feet for pedestrians. (g) Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). (h) Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle principal use of the property. and shall meet applicable Americans with Disabilities Act (ADA) standards. (i) If provided, street furniture shall be located outside the specified width of any pedestrian pathinternal walkway. (j) Paths Internal walkways shall be designed to minimize direct auto-pedestrian interaction. (k) Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise elevation above the parking lot, or a combination of these methods, to minimize auto-pedestrian conflict. (l) Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. (m) Paths shall be direct and convenient routes between points of origin (e.g.i.e., bus stop) and destination (i.ee.g.., shop, bank, etc). (n) The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a land disturbance permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. (o) Pedestrian connectivity between residential and adjacent nonresidential developments is required. Sec. 64-1094. - Lighting. (a) A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a land disturbance permit.   7  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (b) Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cutoff down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. (c) Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, LED or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. (d) Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a tType fFour (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain., splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) or and forward throw distribution. (e) All site lighting shall be designed so that the illumination as measured in footcandles at any one point meets the following standards: (1) Minimum and maximum levels are measured at any one point. (2) The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. (3) Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. (4) If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. (f) Future renovations, upgrades, or additions to existing facilities prior to the effective date of this article shall not exceed existing illumination levels contained in the following table. The entire site must be bought into conformance with this Section division should a renovation, upgrade, or addition occur that would require a land disturbance permit. ..... Location or Type of Lighting Minimum Level Foot Candles Average Level Foot Candles Maximum Level Foot Candles Area for display of outdoor merchandise 1.0 5.0 10.0 Commercial, office, and public/semi-public parking areas 0.6 2.40 10.0 Multifamily residential parking areas 0.2 1.50 10.0 Walkways and streets 0.2 2.00 10.0 Landscape and decorative 0.0 0.50 5.0   8  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (g) Historic period lighting shall be used. Shoe box, cobra lighting fixtures, and exposed neon lighting are prohibited. (h) shoe box cobra exposed neon Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and common areas. (i) Shoe box, cobra lighting fixtures, and neon lighting are prohibited.Roadway, parking lot and pedestrian lights and poles shall be the Phiips Lumec Domus series in black or similar or as approved by the design review board and shall be of a type as indicated below . Within these areas, lights shall include decorative skirts or aprons. Philips Lumec Domus series in black Formatted: Font: (Default) Arial, 13.5 pt, Font color: Custom Color(RGB(34,0,193)) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 13.5 pt, Font color: Custom Color(RGB(34,0,193)) Formatted: Font: (Default) Arial, 9 pt, Font color: Black Formatted: Font: (Default) Arial, 9 pt, Font color: Black   9  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (j.) Mast Arm poles for signalized intersections shall be determined by the Public Works Department. Sec. 64-1095. - Building materials and architectural treatmentsdesign. (a) Developments shall include architecture elements, such as: (1) Columns; (2) Arcades; (3) Covered entry walkways; (4) Arches; (5) Facade offsets; (6) Windows; (7) Balconies; (8) Offset walls; (9) Clock towers; (10) Cupolas; and (11) Courtyards. (b) The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. (c) To the extent any rear or side of any building is visible from any public street or single family residence, aArchitectural treatment shall continue through the rear or side on all sides. (d) All buildings shall be oriented to face a street or courtyard. (e)d Any nonresidential and multi-family building facade shall have a minimum of 25 percent fenestration or as may be approved by the director of community development. (f)e Front yard fences shall be nonopaque. Opaque fences are only permitted in side and rear yards not adjoining any roadways. (g)f   10  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Building plans for townhouse and duplex developments shall exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. (h)g Townhouse and duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. (i)h Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. (j)i Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. (k)j Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. (l)k The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the recommendationapproval of the director of community development design review board prior to the issuance of a building permit. (m)l The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the recommendation approval of the director of community developmentdesign review board prior to the issuance of a building permit. (n)m There shall be a maximum of two stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris Road and Deerfield Parkway. (o)n Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. (p)o The exterior wall materials of all nonresidential buildings and townhouse, duplex, and multifamily buildings consist of a minimum of 75 percent (per vertical wall plane) of the following: brick or natural stone. (q)p Accent building materials for all nonresidential buildings, and also townhouse, duplex and multifamily units are limited to a maximum of 25 percent brick, tile, non-reflective glass, natural stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank fiber cement siding. (r)q Exposed standard concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior wall finishes. (s)r Exterior finishes for accessory structures shall be consistent with the principle structure. (t)s   11  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by the following table or as approved recommended by the director of community developmentdesign review board. (u)(t) Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. (v)(u) Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in the table contained in this section. (w)(v) Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. (x)(w) Exposed Nneon lighting s outlining and detailing building features areis prohibited. Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, beiges and tans 462C—468C 4625C—4685C 469C, 474C, 475C 4695C—4755C 478C, 719C—724C 725C—731C 476U—482U 719U—725U 726U—732U Reds 483C, 484C 7411C- 7414C 7515C-7519C 7522C-7526C Grays 400C-432C Greens 553C—554C 560C—561C 614C—616C 3302C—3305C 3295C 342C, 343C 3435C 356C, 357C 5467C—5527C 3305U, 3308U, 335U 336U, 341U—343U Comment [r2]: The same chart for sign structure  is located in the Sign Ordinance. Need to delete any  reference to signs outside of the Sign Ordinance.    12  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Sec. 64-1096. -– Parking Locations and Vehicular Circulation. (a) Onsite parking shall be located to the side and rear of buildings when possible. A maximum of 30 percent of the overall parking requirement for a development shall be placed in front of a building. (b) All developments which exceed the minimum number of required parking spaces by the zoning ordinance shall be constructed of pervious material and/or shall provide one row of pervious parking along the periphery of the development as approved by the Public Works Department. (c) Newly developed streets shall incorporate on street parking. (d) On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. (e) Access lanes and additional curb cuts, other than the primary access drive, shall be located to the side or rear of the property. The maximum width of the access lane and driveway is 18 feet. (f) Decks shall be constructed to conceal vehicles. (g) Decks shall include architectural detailing and finish compatible with surrounding buildings. (h) At least one bicycle parking arearack for a minimum of four bicycles shall be provided for each nonresidential development. (i) Loading areas shall be located in the rear or side yards. (j) Inter-parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. Sec. 64-1097. - Miscellaneous provisions (State Route 9 Overlay District). (a) Telecommunications switchboards, power generators, and other telecommunications relay equipment rooms or floors housing such uses are limited to the following areas of a building: (1) Subterranean levels; (2) First and second floors which are set back a minimum of 50 feet from the street; or (3) Third and fourth floors. (b) Stealth design is required for all wireless telecommunication towers. (c) Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. (d) Storage of shopping carts is allowed without a permit. (e)(d) Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to section 64-1608. may be obtained by applying for an administrative permit obtained pursuant to Section 64-1608. (f) (e)   13  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    Vending machines, paper stands, and other similar devices must be located in the interior to of the building structure. (Ord. No. 10-08-72, § 1, 8-20-2010) Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, changed the title of § 64-1097 from "Miscellaneous provisions" to "Miscellaneous provisions (State Route 9 Overlay District)." Sec. 64-1098. - Severability. In the event that any section, subsection, sentence, clause or phrase of this division Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this division, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Sec. 64-1099. - Appeals. Any persons aggrieved by a final decision of the design review board relating to this division Article may appeal such final decision to the board of zoning appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per this zoning ordinance. Such appeal shall be filed within 30 days after the final decision of the design review board is rendered. DIVISION 5A- DEERFIELD PLAN OF THE HIGHWAY 9 OVERLAY DISTRICT Subdivision I. In General Sec 64-1100 – Purpose and intent. The mayor and city council hereby declares it to be the purpose and intent of this Section division to recognize that the Deerfield Plan is located in the southwest portion of the City of Milton and serves as the primary commercial, office, and high density residential development within the City. In addition, the area was master planned with a specific aesthetic that is consistent throughout the area. It is the City’s intent to preserve and encourage this aesthetic that includes, but is not limited to, landscaping, buildings, and parking, A site’s natural assets and its relationship to its immediate surroundings should have a significant influence on the design. The Deerfield Plan is based on the physiographic features of the land, and each individual development parcel or project within the Deerfield Plan should realize this point and incorporate existing site specific characteristics such as vegetation, topography, hydrology and views. Topography, vegetation and hydrology are closely interrelated and have a direct effect on each other. Disruption to any one element will have repercussions to the others, which must be carefully considered. The inherent qualities existing within the Deerfield Plan can and should be incorporated into site planning and design efforts. Sec 64-1101 – Applicability. (a) The Deerfield Plan is a section of the State Route 9 Overlay District that applies to all parcels as represented in the Map titled “Deerfield Area”   14  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    If standards are not specified in the State Route 9 Overlay District, then this zoning ordinance shall apply. If standards are not specified in the Deerfield Area section, then standards of the State Route 9 Overlay District shall apply. (b) Whenever provisions of this division conflict with this zoning ordinance or any other city ordinances, or regulations, these standards shall prevail. Sec 64-1102 – Design Review Board The city overlay district design review board, as set forth in section 64-1120 of this zoning ordinance shall review all plans for development except detached single-family residential in the Deerfield Area for compliance with the standards herein prior to the approval of a land disturbance permit, building permit or and demolition permit for both residential and nonresidential structures. The design review board shall only make recommendations to the board of zoning appeals for primary variances. Subdivision II. Development Standards Sec. 64-1103 - Circulation and Parking Guidelines for vehicular circulation and parking consider the safety and aesthetic factors relative to the movement of vehicles in order to minimize conflicts between vehicles and pedestrians, to limit paved areas and to screen and soften the visual impact of parking areas, both interior and edges. (a) Surface Parking: 1) Minimum space between buildings and parking: 20 feet. 2) Minimum space between peripheral parking and right-of-way or adjacent property: 30 feet except for retail-zoned land which shall have a 50-foot minimum buffer (consisting of a 25-foot undisturbed buffer and a 25-foot non-impervious surface buffer). 3) At least one 9 foot wide minimum landscape island shall be provided for every 15 parking spaces. 4) Minimum size of tree islands, 9-foot width. Does not count as open space unless larger than 500 square feet. 5) Curbing (continuous concrete) required in all parking areas. 6) Tree quantities and sizes must meet those required by the Tree Preservation Ordinance in Chapter 60, Article II unless otherwise required by Sec. 64-1105. 7) Screening and other planting requirements in Sec. 64-1092.6. 8) Spaces at perimeter curbs may be shorted to account for car overhang. Consider appropriate landscape and/or sidewalk width adjacent to such overhang. 9) Divided parking areas into sections with capacities of not more than 200 cars each, separated by landscape buffer areas at least 20 feet wide. (b) Parking Structures: 1) Exterior design must be architecturally harmonious with development. 2) Screening at perimeter of deck shall be provided at grade level so that vehicles are screened up to a height of 3’6”.   15  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    3) Any ramp drive entry or exit from a parking structure shall end a minimum of 25 feet from the side property line, 50 feet from front property line and 45 feet from rear property line. 1)4) All parking spaces must be delineated with painted lines. Sec. 64-1104 - Natural Vegetation Areas All established, forested areas are to remain undisturbed unless approval for any changes to vegetation is obtained as a part of the design review process. Natural areas will be required to be preserved in certain locations. These areas may occur along parkways, roadways, streams and drainage features, hedgerows, to serve as a buffer between dissimilar land uses and for visual and/or noise attenuation. Such areas will be preserved as natural (undeveloped) reserves. These areas will require the following procedures:   (a) Clearing limit lines of natural areas and specimen trees to be preserved shall be clearly delineated on all plans;. (b) Trees or vegetative areas that are to remain undisturbed shall be protected with an orange fence. Such fencing shall provide adequate protection for all trunks branches and root systems, prior to the use of grading equipment. Fencing shall not be removed until commencement of landscape planting. (c) When areas of natural vegetation occur within twenty feet of the point of intersection of vehicular drives and streets, vehicular drives and pedestrian walks or two or more drives or streets, the vegetation shall be limited to a height not to exceed 3 feet, or in the case of trees, no branches below six feet. (d) In general, areas of natural vegetation may be cleared of undergrowth; however, the limit and extent of such clearing must be reviewed and approved by the City Arborist prior to commencement of such work. (e) All landscape areas (greater than 500 square feet) or natural areas constitute open space. A minimum of 30% unobstructed open space is required upon each land parcel , except as specified for Multi-Residential: 1) 40% aggregate floor maximum for all buildings and parking 2) 25% unobstructed space (landscape surface ratio) 3) 12 dwelling units per acre gross density Sec 64-1105 - Street Tree Specifications Street trees shall be provided along the road frontages as follows: (a) Deerfield Parkway shall have Willow Oak, planted just behind the right-of-way spaced 50 feet on center. (b) Morris Road and McGinnis Ferry Road shall have Legacy Sugar Maple 50 feet on center planted just behind the right-of-way. (c) Webb Road shall have October Glory and Red Sunset Maples 50 feet on center planted just behind the right-of-way. (The species should alternate in groups of 3-t trees.) (d) Road “B” cul-de-sac shall have October Glory Red Maple planted just behind the right-of-way spaced 50 feet on center.   16  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    (e) Windward Parkway and GA Highway 9 frontage shall have a combination of October Glory and Red Sunset Maples with flowering cherries and dogwood. These plantings and layouts must be pre-approved by the Owner and Landscape Architect prior to installation. (f) All street trees shall be a minimum of 5 inch caliper at the time of planting. All layouts must be approved by Owner and Landscape Architect prior to installation. Sec 64-1106 – Pedestrian Circulation Sidewalks for primarily pedestrian use shall have an unobstructed width of at least six feet and shall be provided as per city standard. All sidewalks shall meet accessibility standards for disabled users as required by appropriate government authorities. When multiple uses are anticipated on the same walk/trail, the width shall be increased to minimize conflicts between the various users. Twelve-foot widths are recommended in such instances, with an 8-foot minimum, to accommodate multiple uses: (a) Special Requirements for Pedestrian Circulation: 1) Multifamily development shall incorporate pedestrian walkways throughout, including pedestrian circulation in public right-of-ways adjacent to each property. 2) All commercial areas shall provide adequate pedestrian circulation within the parcel development, as well as the public right-of-way pedestrian circulation network adjacent to each property. (b) Sidewalk Specifications: All landowners shall provide for street trees along the road frontages as follows: 1) Deerfield Parkway shall have installed, along all frontages of properties, a sidewalk along the eastern side and bike path along the western side. 2) The sidewalk shall be a minimum of 6 feet in width and meander along the trees, Each site must maintain at least a 20-fot landscape buffer from the back of the meandering sidewalk. 3) The bike path shall also meander among the street trees similar to the picture below. Formatted: Font: (Default) Arial, 9 pt   17  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    4) All properties fronting Morris Road shall have a sidewalk 5 feet in width and meandering through street tree plantings. 5) Cross walks shall be installed along with handicap ramps as required by the City. 6) Bike paths will not be permitted on Morris Road. 7) All bike paths and sidewalks shall be constructed of 2,800 psi concrete with light broom finish, control joints at five foot on center, and expansion joints 8 feet on center. 8) All edges, control joints and expansion joints shall have a 1¼ picture frame tooled and light broom finish. Sec 64-1107- Building Setbacks and Heights (a) All parcels that front Deerfield Parkway, Morris Road, and Webb Road shall meet the underlying Zoning District requirements for building setbacks and not the State Route 9 Overlay District Standards. (b) There shall be a maximum of two stories with a maximum height of 30 feet from average finished grade to the bottom of the roof eave, excluding Morris Road and Deerfield Parkway. Subdivision III – Architectural Design Sec 64-1108- Exterior Building Materials and Roof Design (a) The exterior wall materials of all non residential buildings located on Morris Road, Webb Road and Deerfield Parkway shall include brick, stone, pre-cast concrete, wood, glass and granite. (b) Roof-mounted mechanical equipment, vents and stacks shall be screened. (c) Long runs of exposed ductwork, pipes, conduit or other similar items are prohibited. (d) Any appurtenances that must be roof mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height (e) All rooftop appurtenances shall be painted to be compatible with the building architecture. (f) Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Structural elements shall be screened. (g) Roofing material and color shall be compatible with building and surroundings.   18  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    STATE ROUTE 9 OVERLAY DISTRICT MAP Field Code Changed   19  RZ11‐03 Text Amendment to State Route 9 Overlay District   Prepared for the Mayor and City Council on April 25, 2011   PC Comments shown in red and blue    DEERFIELD PLAN MAP   Field Code Changed STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-03 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VII, DIVISION 5 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE STATE ROUTE 9 OVERLAY DISTRICT BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VII, Division 5 (The State Route 9 Overlay District) to amend development and design requirements and to create the Deerfield Plan within the State Route 9 Overlay District, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully AICP, Community Development Director Date: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-04 - To amend Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Basic Off-Street Parking and Loading requirements. Background: After more than four years of incorporation and evaluating various rezoning, use permits, as well as development permits, the Community Development Staff experienced the existing off-street parking requirements did not reflect current standards. In addition, the State Route 9 Design Guidelines Committee concurred that improved parking standards were needed to assist in creating aesthetically pleasing and environmentally friendly developments within the City. Discussion: The major changes in the requirements are reductions in retail commercial and office uses. Staff also included new use categories including carry out only restaurants, data centers, and libraries. The methodology for calculating shared parking was researched and Staff concluded although the current method is cumbersome it remains the easiest and most convenient way to calculate shared parking. Additionally, a reduction of the basic parking requirement was included for areas within walking distance from developments to bus stops. The mention of MARTA rail stations was deleted within the same section. Proposed changes were reviewed by the Planning Commission and the proposed amendments include their recommendations. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  1    Sec. 64-1410 - Calculations. Parking requirements shall be calculated based on the proportion that each use contributes to the total. All areas are expressed in gross square feet of building area unless ground area or some other measure is specified. Any fraction of one-half or larger shall constitute a whole. A bench seat shall consist of 18 inches. Use Group Example of Types of Use Minimum Requirement All areas are expressed in spaces per gross square feet of building area unless ground area or some other measure is specified. Adult entertainment establishments 10 per 1,000 sq. ft. Assembly places with fixed seating Stadiums, auditoriums, theaters, amphitheaters 1 per 4 fixed seats Assembly places without fixed seating Meeting halls, libraries 1 per 35 sq. ft. in largest assembly room Auto dealerships, sales and service New car sales, used car sales, service and parts 6.5 per 1,000 sq. ft. Bowling alley 5 per alley Child care kindergarten Day care centers preschool 1.7 per 1,000 sq. ft., plus 1 per 4 employees on the largest shift Churches and other places of worship wWithout fixed seating Churches, cathedrals, temples 1 per 3.5 fixed seats in the largest assembly area 1 per 30 sq. ft. in largest assembly area Clubs and lodges Country clubs, fraternal organizations 5 per 1,000 sq. ft. Commercial, amusement, outdoorClub with golf course Amusement parks, skateboard parks, batting cages 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly 50 per 9 holes, plus 1 per 1,000 sq. ft. Custodial careCommercial, amusement, outdoor Halfway housesAmusement parks, skateboard parks, batting cages 2.5 per 1,000 sq. ft.1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly Data CenterCustodial care Halfway houses 1 per 4,000 square feet, 2.8 per 1,000 feet for offices within building2.5 per 1,000 sq. ft. Dormitories and related Dormitories, fraternity houses, 1 per bedroom, plus 5 per RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  2    sorority houses, boardinghouses 1,000 sq. ft. of common area Festivals, outdoorDormitories and related Horseshows, carnivals, dogs shows, arts and crafts showsDormitories, fraternity houses, sorority houses, boardinghouses 2 per 1,000 sq. ft. of ground area identified for festivals and music festivals related seating1 per bedroom, plus 5 per 1,000 sq. ft. of common area Financial institutionsFestivals, outdoor Banks, credit unions, brokerage housesHorseshows, carnivals, dogs shows, arts and crafts shows 5 per 1,000 sq. ft.2 per 1,000 sq. ft. of ground area identified for festivals and music festivals related seating Funeral homesFinancial institutions Banks, credit unions, brokerage houses 1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room5 per 1,000 sq. ft. Golf course, public and private, without club facilities (lockers, dining facilities)Funeral homes 50 spaces per 9 holes1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room Club with golf courseGolf course, public and private, without club facilities (lockers, dining facilities) 50 per 9 holes, plus 1 per 1,000 sq. ft.50 spaces per 9 holes Health care facilities Hospitals, outpatient clinics, convalescent homes, nursing homes 1 per four beds, plus 1 per 3 employees Hotels and motels, no restaurants With restaurantsHealth care facilities Apartment hotels, Hotel, motelsHospitals, outpatient clinics, convalescent homes, nursing homes 1 per room 1.25 per room1 per four beds, plus 1 per 3 employees Industrial, and manufacturing Hotels and motels, no restaurants With restaurants Assembly plants, fabrication plants, factoriesApartment hotels, Hotel, motels 1 per 1,000 sq. ft., 2.8 per 1,000 square feet for offices within building1 per room 1.25 per room Laboratories, scientific and relatedIndustrial and manufacturing Experimental labs, fabrication plants, factoriesAssembly plants, fabrication plants, factories 2.5 2.0 per 1,000 sq. ft.1 per 1,000 sq. ft. LibraryLaboratories, scientific and related LibraryExperimental labs, fabrication plants, factories 3 per 1,000 sq.ft.2.5 per 1,000 sq. ft. Medical offices, related facilities Dental offices, doctor's offices, veterinary offices, clinics 4 per 1,000 sq. ft. Mini warehousesMedical offices, related facilities Dental offices, doctor's offices, veterinary offices, clinics 1 per employee, plus 1 per 5,000 sq. ft.4 per 1,000 sq. ft. Offices, generalMini warehouses Freestanding offices office towers office parks 32.8 per 1,000 sq. ft. to 250,000 sq. ft. 2.82.6 per 1,000 sq. ft. all exceeding 250,000 sq. ft.1 per Formatted Table RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  3    offices associations with other uses employee, plus 1 per 5,000 sq. ft. Personal service establishmentsOffices, general Barbershops beauty parlors laundromats dry cleanersFreestanding offices office towers office parks offices associations with other uses 5 per 1,000 sq. ft.3 per 1,000 sq. ft. to 250,000 sq. ft. 2.8 per 1,000 sq. ft. all exceeding 250,000 sq. ft. Race trackPersonal service establishments Barbershops beauty parlors laundromats dry cleaners 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area 5 per 1,000 sq. ft. Recreational facilities, indoorRace track Billiard parlors game rooms arcades skating rinks physical fitness centers, museums 5 per 1,000 sq. ft.1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area Recreation, private Ssingle-family or mixed- residential use, association or club Multifamily residentialRecreational facilities, indoor Tennis court Basketball court Swimming poolBilliard parlors game rooms arcades skating rinks physical fitness centers, museums 3 per court 4 per court 6 per adult Swimming pool, plus 1 per 15 dwelling units beyond 60 served included in basic parking requirement5 per 1,000 sq. ft. Recreation, publicRecreation, private Ssingle-family or mixed- residential use, association or club Multifamily residential Basketball court Playing fields Tennis courts Driving range Miniature golf Swimming poolTennis court Basketball court Swimming pool 4 per court 50 per field 3 per court 2 1 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area3 per court 4 per court 6 per adult Swimming pool, plus 1 per 15 dwelling units beyond 60 served included in basic parking requirement Recycling centerRecreation, public Basketball court Playing fields Tennis courts Driving range 1.5 spaces per 1,000 sq. ft. of building floor area and 2 spaces per outdoor recycling collection container plus loading spaces as RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  4    Miniature golf Swimming pool specified in section 64-1501 4 per court 50 per field 3 per court 2 1 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area Residential, multifamily (fewer than 40 units/acre)Recycling center 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1.4 per unit 2.0 per unit 2.25 per unit 1.5 spaces per 1,000 sq. ft. of building floor area and 2 spaces per outdoor recycling collection container plus loading spaces as specified in 64-1501 Residential Multifamily Highrise (40 plus units per acre)Residential, multifamily (fewer than 40 units/acre) 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1.25 per unit 1.75 per unit 2.00 per unit1.4 per unit 2.0 per unit 2.25 per unit Residential, single- familyResidential Multifamily Highrise (40 plus units per acre) Detached dwelling duplexes mobile homes1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 2 per dwelling unit1.25 per unit 1.75 per unit 2.00 per unit Residential, retirement homeResidential, single-family Retirement homes retirement villageDetached dwelling duplexes mobile homes 1.25 per dwelling unit2 per dwelling unit Restaurants, nightclubs and taverns (including/outdoor seating)Residential, retirement home Cafeterias bars dance clubs restaurants music clubs bistrosRetirement homes retirement village 10 per 1,000 sq. ft.1.25 per dwelling unit Restaurants, carry out onlyRestaurants, nightclubs and taverns (including/outdoor seating) Cafeterias bars dance clubs restaurants music clubs bistros 5 per 1,000 sq.ft.10 per 1,000 sq. ft. Retail establishments Boutiques shops stores 54 per 1,000 sq. ft. RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  5    rental services art galleries food stores Roadside standRetail establishments Boutiques shops stores rental services art galleries food stores 6 plus 5 per 1,000 sq. ft. ground area5 per 1,000 sq. ft. Salvage, storage and/or junk facilityRoadside stand 1 per employee plus 4 per acre6 plus 5 per 1,000 sq. ft. ground area SchoolsSalvage, storage and/or junk facility Junior high elementary middle Secondary colleges business colleges universities trade conservatories vo-tech Larger of 2 per classroom or 1 per 35 sq. ft. in largest assembly area Larger of 10 per classroom or 1 per 35 sq. ft. in largest assembly area 5 per 1,000 sq. ft.1 per employee plus 4 per acre Service and repair establishmentsSchools Appliance repair shops bicycle repair shops shoe repair shops general repair centersJunior high elementary middle Secondary colleges business colleges universities trade conservatories vo-tech 5 per 1,000 sq. ft.Larger of 2 per classroom or 1 per 35 sq. ft. in largest assembly area Larger of 10 per classroom or 1 per 35 sq. ft. in largest assembly area 5 per 1,000 sq. ft. Service stations and automotive repair centersService and repair establishments Automotive garages paint and body shops tire centers service stations car care centersAppliance repair shops bicycle repair shops shoe repair shops general repair centers 5 per 1,000 sq. ft.5 per 1,000 sq. ft. Warehousing and storageService stations and automotive repair centers Commercial storage, distribution centersAutomotive garages paint and body shops 1 per 2,000 3,000 sq. ft., office space within facility 3 per 1,0005 per 1,000 sq. ft. RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  6      Sec. 64-1411. - Shared parking. (a) Shared parking is the use of parking spaces by more than one of the uses listed in table contained in Sec. 16-1410. The standards for shared parking may be utilized for any of the combinations of uses shown in the following table on any number of properties when approval is reflected in the conditions of zoning for each such property. Similar provisions are provided under off-site and shared parking requirements in the use permits article for those uses which were not zoned concurrently or as part of a multiple use project. The conditions of zoning or use permit, as applicable, establish the limits of parking requirements among uses and properties, and the Ccity shall not require any contractual relationship among property owners. (b) The standards for determining parking requirements in a multiple-use development are as follows: (1) Determine the minimum amount of parking required for each separate use. (2) Multiply each parking requirement by the corresponding percentage for each of the time periods given in the following table. (3) Calculate the column total parking requirement for each time period. (4) The largest column total is the shared parking requirement. (c) Maximum number of parking spaces.Shared parking calculations (1) Properties proposed for individual uses would require the following number of parking spaces: tire centers service stations car care centers Warehousing and storage Commercial storage, distribution centers 1 per 2,000 sq. ft. Weekdays Weekends Night tTime 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 1:00 a.m.- 6:00 a.m. Office 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 75% Restaurant 50% 100% 100% 100% 10% Entertainment/ recreational 40% 100% 80% 100% 10% Church 50% 50% 100% 100% 10% Office 300 spaces Retail 280 spaces Entertainment 100 spaces Comment [r1]: Staff notes that the below  methodology is consistent with other shared  parking calculations used by other jurisdictions and  recommended by experts in the field.  RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  7    (2) Properties proposed for multiple uses under the provisions for shared parking would require the following number of parking spaces: Thus, 508 spaces would be needed for this development, a reduction of 172 spaces or 25 percent. Sec. 64-1412. - Reduction of the basic requirement. A reduction of the basic off-street parking requirement will be allowed for nonresidential and multifamily developments that locate within 1,500 feet of a MARTA rail station which is complete or scheduled for completion within three years. A reduction will be allowed on the following scale whenever pedestrian access is provided between the use and the MARTA rail station as approved by the director of the community development department:   Walking distance from development property line to bus stop  % Reduction    0‐1,500 feet 5%    Sec. 64-1413. - Administrative reduction of spaces constructed. The director of the community development director department may authorize a reduction in the total number of parking spaces constructed on a site to no less than 90 percent of the basic requirement when all of following conditions are met: (1) The request for reduction in parking shall show that the reduction is justified on the basis of characteristics unique to the specific proposed use of the property in contrast to the characteristics of other uses within the same category. (2) Total 680 spaces Weekdays Weekends Nighttime 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 6:00 a.m.- 5:00 p.m. 5:00 p.m.- 1:00 a.m. 1:00 a.m.-6:00 a.m. Office 300 30 15 Retail 168 252 280 196 14 Hotel Restaurant/ entertainment/ recreational 40 100 80 100 10 Total 508 382 390 311 39 Straight-line distance from MARTA station Reduction Property Line to Applicant Property Line 0—500 feet 15% 501—1,000 feet 10% 1,001—1,500 feet 5% RZ11‐04 – Text Amendment to amend Chapter 64, Article VIII, Divisions 1, 2 (Off‐Street Parking and Loading)   Prepared for the Mayor and City Council meeting on April 25, 2011   Planning Commission Edits shown in Red  8    Adequate land area for meeting the basic parking requirement is located on and designed for the site whether at grade or in parking decks. The unconstructed portion of the parking shall be clearly delineated and labeled "Future Parking" on the site plan. (3) Prior to granting the reduction in total parking spaces constructed, the director of the community development director shall conclude that the reduction is justified, and shall approve, in whole or in part, or deny the request stating the reasons therefore in the report. (4) If the director of the community development director finds that the parking reduction is no longer justified, the director shall notify the owner to construct the number of parking spaces necessary to meet the required level. (5) Prior to any change in ownership or use, the owner must apply to the director of the community development director department for an evaluation and confirmation of the reduction.     Secs. 64-1414—64-1432. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-04 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VIII, DIVISIONS 1 AND 2 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND OFF-STREET PARKING AND LOADING BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VIII, Divisions 1 and 2 (Off-Street Parking and Loading) as it pertains to the parking calculations and administrative reductions in parking , is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully AICP, Community Development Director Date: March 30, 2011 for Submission onto the April 25, 2011 City Council Meeting (First Presentation April 11, 2011, Work Session April 18, 2011) Agenda Item: RZ11-05 - To amend Chapter 64, Article XVIII, Section 64-2453 (Creation of a historic preservation commission) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to appointment, terms, and elections. Background: The Historic Preservation Commission Ordinance (Article XVIII) was approved by the Mayor and City Council on June 21, 2010. The Ordinance provided for the creation of a historic preservation commission whose structure reflected the State Model Ordinance which was not consistent with each Councilmember’s terms but required each appointee’s term to be three years in length and subject to reappointment for concurrent terms. Discussion: It was discovered that this method for appointing historic preservation commissioners was inconsistent with all other City Boards and Commissions. That portion of the Historic Preservation Commission Ordinance requires amending to be consistent with the current Mayor and Councilmember’s terms. Therefore, the text amendment was written by the Community Development Staff and reviewed by the Planning Commission reflecting their recommendations. Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney RZ11‐05 Text Amendment to the Historic Preservation Ordinance  Prepared for the Mayor and City Council Meeting on April 25, 2011     Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members appointed by the Milton City Council concurrent with appointing council member’s term. with each appointing one member whose term will be three years, but shall be subject to reappointment for concurrent terms. All members shall be residents of the City of Milton and shall be persons who have demonstrated special interest, experience, or education in history, architectural history, or the preservation of historic resources. Each appointee shall reside anywhere within the city City and not be bound to a councilperson's councilpersonmember's respective council district. One member of the Milton Design Review Board ("DRB"), as designated by the DRB, shall serve as an ex-officio member of the HPC. In addition, two ex-officio members may be appointed to the HPC by majority vote of the HPC and will serve at the discretion of the HPC. These additional ex-officio members are not required to own property in the city City limits, and do not need to be residents of the City of Milton, but have expressed interest in the surrounding communities and are regarded as valuable sources of information by consensus of the official members of the HPC. Ex-officio members of the HPC shall not have voting rights and shall not be counted for the purpose of determining whether a quorum of HPC members exists at any HPC meeting. To the extent an individual is available and willing to serve in the City of Milton, at least one official, voting HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. The members’ shall serve terms concurrent with the terms of their respective appointed Councilmember or Mayor that appointed them. Annual elections shall be held by the HPC to elect officers from among its voting members. Officers are to include Chairperson, Vice Chairperson, and Secretary. The officers may serve an unlimited number of one-year terms. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager.   STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-05 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, SECTION 64-2453 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE CREATION OF A HISTORIC PRESERVATION COMMISSION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 25, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, Section 64- 2453, to amend the creation of a historic preservation commission as it pertains to the appointment terms, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 25th day of April, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Lynn Tully, AICP, Community Development Director Date: April 14, 2011, Submitted for the April 25, 2011, City Council Regular Meeting. Agenda Item: Approval of a Resolution Amending Resolution Nos. 10-12-165, 10-09-155, and 10-08-68 Appointing Members of the Historic Preservation Commission for the City of Milton Pursuant to Ordinance No. 10-06-65, Chapter 64, Article XVII, Section 64-2453. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached resolution replacing the existing terms of the Historic Preservation Commission Appointments. Background: Recently the Historic Preservation Ordinance was changed to coordinate the terms of all district appointees to coincide with their appointing councilmember’s term. This requires an update to the Resolution appointing the Historic Preservation Commissioners. Discussion: The proposed resolution brings the Historic Preservation Commissioners into conformity with the other commissions and committees created by the Mayor and City Council. City Staff and the City Attorney’s office have reviewed the resolution. Attached is the proposed resolution as recommended by all bodies. Alternatives: The Mayor and City Council may choose to approve, deny or defer the resolution replacing the existing terms of the Historic Preservation Commission Appointments Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney [Memo.Historic Preservation Appointments change.041411] 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NOS. 10-12-165, 10-09-155, AND 10-08-68 APPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF MILTON PURSUANT TO ORDINANCE NO. 10-06-65, CHAPTER 64, ARTICLE XVII, SECTION 64-2453. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on the 25th day of April 2011as follows: SECTION 1. That Patti Silva (Mayor’s Appointments) is hereby appointed for a term commencing September 20, 2010 and ending December 31, 2013; and SECTION 2. That Mark Hancock (District 1) is hereby appointed for a term commencing September 20, 2010 and ending December 31, 2013; and SECTION 3. That Joan Becker Borzilleri (District 2) is hereby appointed for a term commencing August 2, 2010 and ending December 31, 2011; and SECTION 4. That Norman Broadwell (District 3) is hereby appointed for a term commencing August 2, 2010 and ending December 31, 2013; and SECTION 5. That Ken Sisson (District 4) is hereby appointed for a term commencing January 5, 2011 and ending December 31, 2011; and SECTION 6. That Travis Allen (District 5) is hereby appointed for a term commencing August 2, 2010 and ending December 31, 2013; and SECTION 7. That Veronica Buckman (District 6) is hereby appointed for a term commencing January 5, 2011 and ending December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption; RESOLVED this 25st day of April, 2011. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) ��r �T PURCHASE AND SALE AGREEA�fENT dichk HARRY <3RMA1� Offer bate: '4 2 0- h - S 20 l It1 1O REAU01V 2011 Printing 1. Purchase and8altr. The undersigned buyer_("euyed')agrees to buy and the undersigned seller ("Sager) oWaes 16 sell the Property City PI t <- T`'Oe-1 .County Fi, Georgla,TlpCode 313ar�>f TAXIDMIN tbgethervvkh ail fltdu es, landscaping, impnovoments. endappurtienances (except those identified In any Seller's Property Disclosure Statement attached hersto as not rarntining With he Property) and as more particuiariydescribed in the !eget Description Paragraph below, (all of which Is hereinafter collectively referred to as "Propertyy"). Legal .bthactirafwn. The full hol i description of the Property is: roVea A. a or C below. me seafom nor markad shall not be a part of MIS Agreement) PIA attt rdW as an exhibit hereto; ❑ B. identical to the legal descrlptionfar Ithe pmpwty oQntained in the deed recoMi tiin DwdBook Page at. seq., County, Georgia rocows; El C. doscttbed bellow. Land Lot(s) of'the District, - SecdonlGM?, Lot . Block thdt Phasar8ectt6n _ or SutxifvisiorVfi7bvslopmant, rounty:.Ceagle according to the pial recorded In Plat 50twc _ Page : at. seq., County, Georgie records. a. Pure"se Prb* attd.Method, cif PaYtrt@;n1. At ckts)n9, Buyer agrees to ,pay Seller the purchase price of iW Property of 2 so e ac? TFuo . +ea a ��_ r� r r.► '7' u r sf ,� a i? Lr.S, Dollars: casts, wire transfer of Im."dialety avallaWe funds, ora casNers check issued toy lite etostng'by a federaity insurad bank, savbxls bank, savingsandban association orae&-ttnionwhere.thefumbare immediatetyavailable.Theabove1brmsofpaayrt �altbedeemedto be the scitAyalonlr of 60yerpaylrrg ail cash at dosing vA*h sttaif bg the method of am 4: n oun:angtieAositofE_a_�ree_sr�1$o_nar.:Buyerf sinddty �o fora.) \ ors rHo r')eamastmcney of $' 2 '% , Uy check. OR 3 tj JA csash,hwhfeh has been received by lifotder. The earnesf money shag be clepbsited in Holders esaowdttrusta punt (with Haider retaining the interest it the account Is Interest bearing) within five (6) banking days from the Btriding Agreement Date. If Buyer writes a chemo for eamest stoney and the same is deposited into Holder's escrpwltruet aeoount. Holder shall not be required to return ttla gamest monayt until the check thou ofeared the account.on which the MOO was wrft- n. In the event any.eernestmoney check Is dishonorbd by the bank upon which it is drawn, Holder shell ixompllygive notice of thea same to Buyer and Seller. Buyer shop havathree (3) -banking days afterreeeiWng such notice to deliver good funds to Holder. In the event Buyer does not timely dethrer goodtunds; Soler shall hm* thersgM to terminate this Agreement upon notice to Buyer. Ctesinn C-1 ,trait 4U*"Irr AMiernent Expensar►. A. Items raid By Buyer at Closing. At closing. Buyer shall pay the fobluxing: i. Georgie property transfer tax; 2. AN costs, fees and charges to have lila cbeing a domey search We and prepare: (a) the warranty deed: (b) a ml's; alfcdav't; (e) Buycr3 powers of attw.nay; and (d) all pronntssory notes, deeds to secure debt and ocher loan documents regtHred by any lender $ovidlrhg financing in the transaction: 3. Al dosing coasts, lox seivke charges; niawding costa. eourler fats, mmmfght delivery fees, document preparation fees. underWiling feet!, delivery, copykV ant handling charges, and al• chief casts, fees, charges and amounts to class this transaction otherwise, except as they relate to the clearance oftltfe encumbranoFie sintd/or deface rhewas my for Boller torte able le convey good and marketable Me to the Property_ 8. Items Paid By Salter at GI sing At c6osing, Si:I{er shag pay the following: 1. The Sum of $ A to be used by Buyer as a coritribution for the items in the Daragraph above. In addlWn. Buyer may Usd the .seder's contribution to pay for, including but not gmited to; Survey casts, appraisals, irrsivance (including flood insurance, if applicathle). Inspectlons, termite treatment andior repair guarantee and if 6trger is obtaining amrtgege finan:;ing. esacw eslaWishment charges, loan discount points, casts to buy town a loan, and oftr• similar costs (unless any of"the same are prohibited by Buyer's mortgage tender)_ Unspent Sums, hi any, shag remain with the Mier. 2. Exocpt as proyWed above, all sums, costa, charges and fees necessary to dear He encumbrances andlor defects to allow Seller to be able to convey good and marketable title to the Property. 3. Any extra costa, fess and charSee rca ulfing from Seller not baing able to attend the +veiny in person. Copyr{�hl� 2alt pY GlorggAsdedaaWn of RFJIttOR00 fisc. F20, Purchase and Sate,4graam¢nt, Pape 1 of 7.0141H4 rK C. Prorated Amounts: Seller and Buyer agree to pmrste theftlowfng; (1) real estate taxes andeommunayassodation assessments, I(any, for the calendar year in which 1he sale is ctoaed, as of the date of dosing; end (2) oltutiGtp bllrs,.s011d waste end other fees, as of the date of doshtg (or the day of possession Of Property by Buyer., wttkJtever is later) that are issued after closing and include service for any period of Nrne Property) was ownedkoowpred byS0er or Seller's lnvitees.ln the event real estate taxes are paid rat closing based upon an estimated tart bill Or thx bill - tinder appeal, Buyer and Seller upon the issuance of the sctuat tax bill or the appeal befry resolved shelf promptly rake any financial kWstments betw+ben lhemseivtes as are necessary 10 prorate the tax bill correctly. This subparagraph shall survive the dasing.. 6. Molina and TMsn o1 possesshm. -^-- A. Closing: This iratl5adioN! tSt►SR 6e3.dosed on J ural✓ ' 020 11 or on such otirardatei as may be agreed to in wrtttrtg by th$ panim. No later than at the condusiort of the closing. Sager shall pry vide tie 8uyet with alf keys in Sellers. possessi n, or urKW Sabers control, to all locks that shat remai n tyith the Property. s. Right to 0ttend il11IN 811YZe C1509ftrg nate: Buyer or Seller may uarllateratty eAend.the dosing dote for raven (T) days upon notice lb -the other party grvon prior to or on the dale of dosing K; (1) Sallercannot satisfy valid fift objections {except for liens. Judgments anddeedetoaecuredebtthatcan besatfsttedthroughthe paymentofmoney orbybondingWoe same�or(2)Buyer's mortgage lower. 11 any, (int ng in "all cash" transadkins) or tha dosing aftomey cannot fhAl thalr respedive obligations by the date of dosing duelD no fault of Buyer. In Such OWnt, Buyer and Seller Ocinserri to the doeingatt may andtor any such mortgage lender disclosingto the partles and their Ewakers the basis lar the delay The exercise of Rte.dght loextend ur t lierally the closing date by either party SR I cause the right to eaoctend ulnnateralty the dosing deft to tein treats and no longer be a pmt of this Agreement. C. Possasslon: Buyer agrees mallow Seger to retoln possession of Property until and through: jservct one. The sedtone not marked shall not be apart of this AgremmotJ -�W- LL-tr I s L E L4 `a ($r" I- Lt ( 1. the closing; OR C) 2. hours aitet the ddsing; OR 0 3. days after the dosing at doocic 7. CtostngAttarr►ev- This trsnseolio09hallnedosedbythelewfinrid it Buyer is gtven the right to s elect a lanvf3rrrh from a mortgage -lenders approved list of i tosG tgettorneys. Buyer agneas to select said taw tear. if tl1B taw firm named itbuve is not -6n th'ol rnoMMe lender's approved Ilst, and danf><it be-addad ill tine to 006e. this IlMnsoction, Buyer may select another lawftrrn from hw4ar's approved Rst to -dose tils traneadliph-The dosing sttomey ahali represertlhe Mortgage fender in ehytransadion in Which the Buyer obtains mongage flnanang;(I'nol uePirtg irarnsaddans wrtera fie method Cf piiyrnentMerencad herein is `alt cash"). Imtransachlons where the Buyer does not obtain rr+drtgage financing, the cfosl ng atforroy shall rapmsent the. 14 Buyer oft ❑ Seller. ir the dosing attorney dedinasis represent the party trelbcttd, the party may select a different Closing attorney. 8. "rale. A. Warranty; Se!lerwartantsthatattkhedasfngSeller vaillaxwygood and marltefabletrife.tosaid Property byBenereliserrantydeed subject unix to: (1) zonfng;'(2) gaper* utility. sewer:, ON drainage tdsemarttsof reoorrl as ofthe binding rhgreemerd gats and -upon which-the-knpnovernents do notes aback (3) de omsof eorttfominiu,4 tiltrj deGal1 U"(s ofm ettarhts, corrditrons and tos4tox ns of record on lAa Binding Agreemant pate; end (4) lasses e�nt3 ollte{ 14ttixfrr+tiostioere s petilled in th!&Agraetrterrt. Buyer agrBOs to assume Seller's resporisipildieskyany leases'sptcified in this mAgreement. a, ErraffihWton:Buyermay examki;aUftendituniAphsolwwith:aw4tanmatorwd-oi"fitfexobjections ikorpriortoIto Closing. lirSeNer to IIs or is unable to satisfy valkl We d3 egivne at or prior tri due dealing or pay untiateral :aidsansbn tisereof, which would pr everStthe Seller frohl conveytng good orad morkolable We to the Property, then buyer, among; Its other remedies. may 101rrnlr017 the Agreement upon written node to Salter. Good and marfteiabis i tiffs es used heshall mean title which a tltte insurance company Ifaensed to do business InCoorgia wilt insure at its regular rates, subject onlrein y to stan"ril exceptlona. . G Surrey, A survey of Property Is Q OR is not © attached to this Agrsamentas en exhibit. klotwithstandirg any other provision to the contrary contained herein, Buyer shall'have the rigtet to Wanlnatethlis Agreentent upon hotkie to -Seller It anew survey performed by a surveyor Ncensead in Georgia Is obtained which is rnateriallydiRerent from any survey attached hereto, as an oxhibft with rasped Eo propwW. The term ^mafedsRyciifferent" shall not applyto any improvemenistonstuded byS'ollerin their agreed-upon iocalions subsequent to Binding Date Agreeme at. Matters revealed In said survey " not reNeve the warranty of title obligations of Seller teferonced above. g.. Rists of JULD O4 to Prtap hE. Seler warrants that at the tirr9e of dosing crupon the granting of possoosion, if eta tkrre other than at closing, P'rapdAy wilt be in substantially the dame condition (Including oondtions disclosed in the Sel!ers PropeRy Disclosure Stai>ernent) as on the Binding Agmemenf Date, except for normal wear and tear, and changes made to the dontlhkm of Property pursuant to the written agreement of Buyer and Seller. Seiler shall deliver Property clean and free. of ir0sh and debris at dime of posseb'sIon. Nofwitlistanding'the above. If the Property Is destroyed or substantiadly-damaged prior to ctoah9. Seller shall promptly give notice to Buyer of the same and provide fkW with whatever information SbIlerbas regarding the avallabifity df Insurance and the disposi idn of any ntsurzem claim. Buyer or Seller mayterminate this Agreement not later than fourteen (14), days from reoaW of the above notice, except that any partywilo calyses the Property to be destroyed orsubstsinll ify damaged as the result of that party's cviminal conduct shall forfeit the right to terminate this Agreementand shall be io default hereunder. If Buyer -or Sellerdoes not termfnate this Agreement. Seller shall cause Prope-ty to be restored to substantialty'the "me condfiion as do the Biriftg Agreement Date. The date of dosing. shaft be extended until the earNer otone.year from the original (tate of dosing, orseven 0) days from the date chat Property halt been restored to substantially the sans condition as on the Binding Agreement Date and a neer reKki ateof occupancy (4 required) is issued. 16. Inspection. A. Right of Buyer to Inspect Property, Buyer andfor Buyers represontetives shall have the right to enter Property at 8ttyers exriense and at reasonable times (including immedlatey prior to closing) to inspect, examine, test and survey Property. Seiler shad cause all utiilty services and any pool, hot tuh and similar items to the operafsonal so that Buyer may comlate 211 Inspections under this Agreernent. Copyright®'20i1br�aoryreAssodstinnofltEALf R FO, Pwchavearid WoAWeeniont.Page 2off,01/01111 13. Duty of BuyettolospeetNeighborhood:SuyerackrxWedgealhat:(1)fn8veryneighborhood them are oondbonswikhdifferent boyars may find objeadonable and (2) Buyer has heti the full opportunity to bimwatho acquainted with all existing neighbatbaod conditlon* (and proposed changes thereto) which could affect the Property hiduding without 11raitaAtki• WW-Ift, quarries, iii* voltage, power Bras. cerneteries, airports, prisons, Mediums. odor and/or wolso producing land ueca, orimo. sohoota serving the Property, political jurisdictional maps and Pand use and transportation maps and plans. It shall be Buyer's: stale duty to become familiar with neighborhood condrtkm of concern tD Buy4r. H Boyer is concerted about the posalbrtity of a rogfstered sex offender resiling in a neighborhood In which Buyer 1s Interested,13uyar should review the Georgia Vtotent Sex Offender Registry available on the t',eorgis Bureau of lnvet ttgation Website atrJi ylpP _nbI gQWjg c�qg.. 11.ub ecttto Dtao Dalt " " IS~ Section A. or & befog_ The section not roa,*W sh . not be a psrt of mra Agnvtte Q 0A. Property Sold Subject to bue bilfgerice Period: 1. Commat Is option Contract For and in eionsidemttan of the additional paymwt of Ten Doitera ($10) by the Buyer to the $shot. the recdpd and sutncteneyofwttich hereby scknow1odeeck 861;esdoas•hereby grant Sweet o option of terminating tht�Agre fararWreasoNfors, ._ 60doy peliod•frortt ** BkAngAg�eerrtent Date { Duel Migpnce trerio n This ,Agreernatt shall be an option un* the—glee Diligence horned areas ended wm opt i3u)rer tomnirhoung the same. . Purpose oftiulaDlIigor114ePedod:During ftDua--W1gencePeriod,Buj+ tvrlal but SMJIflat tietegtlli'etftCi_(a)atr8MWW Wang Buyer needs to comptaEe the purdme,of the property; and ib),00nduct at Buype* eotp t xpensewhatevsr evatmUorts. Inspections, appreipals, examina lom, surveys, and teetinp. i any, t3trSter titt6rths approptiatte 6o deteaNne vfiettier Biryer's option to terminate this Agreement should be exercived.1%1s shall Inch buti%ctbe limited Io testling for leod•basd'st paint -and/or lead-beied Pathl haratds, inspecting icor active lrfestation otandlordemagwirofrl termfts and otherwood daiMroying otpanisms and detennfiing itthe Property or tare iniprovetnenls Vtetednrarri tri A itoodpfain. During the Due DOtgenoo Period, Buyer may also propose an aunandment(s) to this Agreement to addptass any concems of Buyer with the Property. 3. Mght to Ter Tina* if Bayer decides to exercise Buy6es. option to teratinafar this Agreement, Buyer must give notice of the same to Seller prior to the end of the pue Diligence Period. g Buyer faits to gIre such notice In a timely Manner, the Due D111gence Period strati terminals and Buyer shall be deemed to have eocepted the Property'or_Ia" The axpirstion of the Due Diligence Period shalt not terminate ar* other contingancles to ~ this Agreement may be subject 4. 11Vsrrandes bf Buyer. Buyerwrarrants that Buyer is 0 OR to not (X currentlyPattler contract (irhgluding cptlop oontroc-aa) to pamchese otherr+ed property. Beyarwarrarlts that during fire Due D3lgenee Period Buyer shall $t have the right to enterinnto other such contracts oft C not: enter info any other such contract. Buyer shat bra in defa3ult of it-® Agreement if Buyer breaches Baiyer's warranties in this surbpanMrap h. CIB. Property told -As ts." ARM ties agree that Property Is being sold "as is,'wiltt all fault including but not.fimibad1lb dMnage from tearkes rind ofi erwood destraying organisms and lesaddhased paintand lead -t bd paktt heearais. Seller:6,ltall haven obligation to make arty repairs or replacements fo Property. 12. Renton and Dtsbarrsenaent of East Monev: A. Returnof Egmeeit Money to Bcryner. Subject to the Disbursernettt of Earnest Moi-ey paragrefpit below, Buyer shall be entitled to the earnest money upon the: (1) fallure of the parties to anter into a bindinig agreament; (9) rWlure -of any contingency or eondi'8on to which this Agreemen Is subject (31 tarmirtation of- this Agree irrait due to the d"It of'S0110, or(4) tonvinallon of this Agrdemerat in acooroanoo with a sp&ae rlghtfo larmInate setforM inithe A,greomont. Otherwise. the eamwA money siaall be applied towardsthe purchase price of the Property at dosing or fi other funds are used to pay the piw-fa a price then the earnest money shall be returned to Buyer. B. DFabursement at Earnest iftneyt Holier shail.disbunfee the earnest money upon: (1) the lasing of Property; (2) a subsequent written ag-eernentot guyerenG6eter. (al an orderof a coumor arbitrator riavirig juasdlcfloit oferany disputb Invalvit•igthe earnest money, or (4) the faiiture• at the padiee to enter into a binding agrsornpnt {yWhare 1Frere is no dispute over the lwmalion or enforoeab8lty of the Agreernent). in.uddition, ttotder• may disburse the earnest money upon a reasonable Interpreiattbn of the Agreemerd, provided that Holder first gives all panties 4meen (15) tiaya notice stating to whom and why the clsbursernont will bo made. Any party mayobiedt boihe prgiosed dlsbursementby giving written aotioa of Cie Simla t4 tickler within the iftiteen (15) day notice period. Qbjeadions nottirnallyrn ade hvnrWq shallbedee ed.welved. If Holderreceives An bbiection and, after eorodOng it, decidos to disburse the earnest morreyAb originally propw d, Hofdaa' naay do so aihd gond rhotloeto the parties of Holder's action. it Holder decides to mod1y its proposed dlsbursernent, Holder shall first send a new -fifteen (i5) day notice to the parties staling the rationale for the modification and to who» the diabUraement V0111 now be nWa. Holder shatI offer to disburse the aamest money tis Seller by rack in they eveid Holder: (t) makes a reasonable interpretation of the Agraawriert that seller has terminated ft Agreen"nt due to t3flyet's ttetault; and r2) sendsihe required fifteen (15) day notice of she proposed disbursement to Buyerand Seller. If the check is accepted and deposited by Seller, It shall constitute, tiquideted damages In full settlement of all rxainrs of S311er against Suyer_ Such llquldowd damages are nota penaityand are instead a reasonable,pre- estimate of Seller's actual damages, which damages are difficult to asca main. Nothing herein shall prevent the SeW from declining the terrier of the earnest money by the HWdar. Ira wuh event. Holder, anger ghrirsg Buyer and Seller #rue required fifteen (15) day notice of the proposed d eb Lnernent, shall dtsWrse the earnest money tri Bayer. C. interpiaador: If @aera is a dispute overtho eamost roomy which the partles cannot resolve after a masonable period of time, and where Holier has a bona fide question as to who is entitled to the eatneat money. Broker may intespiead Che earnest money bnto a courtof cornpetentiudadGWn. Ifoldershall be reimbursed for and maeydoduetirom any ftrads Irt"eWeC, its CWW arui expenses, including reasonable attorneys fetes acWally incurred. The prevwfing defendant in the intorpfeadet lawsuit shall be entitled to collect, its aatigrna b foes and courts ostsandtheamour* deduotedby Hotderto cover Holder's coslsand expenses from the port -prevailing defendant. Copyriphle.+791'1 by Qaotgia AssociWot of FWALTOPSk Mc. F20. Pea%have end SaScAynement, Prga 3 of f, 01/01111 W, —ro T e EnTe nlr, tl✓ A•rj , hruA_cw rao L.AW "16 indemnify odiarmess AnpaAesherebyag+a and daatagw adeing out oror related tolho porformanta by'Hoirder of its d-uties t nEec. A l peruse fudhor covt;mntand idgree not to sue Holder for dernages relating to any decision of Holder to disburse earnest money made in accordance with the rMirefnerits of this Agreantent 13. Agterrctr and Dmigmse. A. Agency Diseiosure: In this Agreernenl,iha term'Broker shall mean aricensed Georgia real estats b esker or trrakerage ram and, wham the controlwould indicate. thebroker's afflnated licensees. ilio Broker In Mis transaction shall owe any dutyto Buyeror Stier greater than what Is sei forth in their brokerage engagiements and the Brokerage Relationships in Real Estate Trensact+ons AM O.C.G.A. § 104k -I at. siq 1. No Agendy Reladott 1p. Buyer and Seller ecloowledge chat, If they are not represented by a Broker, they are each solely responalbleior protecting their own interests, and that Broker's role is lirtirted•to perfonn;MA milnistertel ads for that party. Z Listing Brokw_ Broker working with the Seller Is Identified on the signalwe page as the %isdng WOW; and saki Broker Is Wd 09 is not D ropresorAv Seger; 3. Willing Walter. Broker working with Buyer. (including in transactions where Broker Is represantlng Seller) Is Identified on the signature page as "5epl rig Broker," and said Broker is X Olt (s not d representing BW*r, and i. Dual. Agency or bosignabod Agency. If Buyer and Seiler ars both. bekV represertied by the sante Broker; a relatk>nst'ilp of either designated agency O OR dual ag wqn El shed exist. a. Duat Agency Dtisclowr+e, jlWltbsWg vNylldfWAa wcy-Aas been sefooW above.) t3ayerand Sallwereawam that Broker is acting as a duaf agent inrthfs.transadion an ' =w,setrttatinasome. Boyar and Seller have been *Msad itlal: (1) In serving as a dual agent. Broker is nr:pr"errting two ofents'%b sa ktterestsare _ of atUnes could bediiforent or even adverse; (2)•8rokerwill disclose as advatze, inateriat facts- relevant to the traitaatjbn and aGWaliy known►tb the dual sgerttto all parties in the kensec#i'on except forinforrnation made conrideoftl by requestorirmirLwtionsfraneachelentwhich is notetherms+e regtdred to bIa disclosed by law; (3) Suyer and Seger do not have to consent to dual eQOrwy and, the consent of Buyer arid'Selier to dual agency has been given vWuntarby and the parties time reed and uniaerstand lhdr bnolaeMge engagement agreements, (4)44aiwMs6WbV arty provision to the cmb*y oontelned Herein. Buyer and $bier sadb Helsby direct Brdwri while acting as• a duel agent, to keep confkJeniial And not r®vaai to the other party any Ingdrme0on vftch Could roatertalty and adversely affect theirteegotiatlng.posliloh. b. Designoted Agtney Asbkgnraont. tt,4ploMmoble. only trate desVmfed agency nes been selected above.] Broker has assigned toviorkexdushrely with Buystas Buyer's designated agent and to work exclusidety with War as Seleea4esigineted agent. Ea dadesignated agent shah exclusively represent thepartyto whom each.has been assigned as a client a(►d phwl rat repre;eint-in this transerbuon.the eeept assigned to rite other designated agent. B. Brokerage; Seiler has agreed to pay LlstIV Broxer(s) a real estate coinnoision pursuant to that certain brokerage engilgement agreement entered into betleenthe parties and ktoor)orA%dlteretn byra(arencep ('Llsting•Agreement"). Pursuant toThe terw* ofthe Listing Agreement, the Listing Broker has agreed to share that vomrnission with ttte-Selling Broker. The ck*ng attorney is hereby wdlK Yscl and directed to pay the Broket(s) at elosing, tix* respective ciommissioris out of the proceeds of the sale_ If the sale proceeds we irstdfident to pay the fall coftnission; nie.party owing, the eornsOsslorl shall pair any shortfall at ctbsiitg. If more than one broker Is InvDWeU In the trarrsactiori, Inc closing attamey is direct$d to pay each Broker its respective portion of seid commission. The socepton©e by the Bickers) of.a partial real estate dommission at the dosing shaft not relieve the Sellar of tfie ablig ion td pay the renminder 11wreoraftertne dosing urdess tl w&,oker(s) have expressly weld in vaiiing agreed to accept the lesser amount In fun satisfaction of ftie Broker(s) clakh to a commission. C. Mete" Reladonship Discfostira; Bodkere anQfor their affiliated licensees have ew following material retationship(s) with 0111W. Buyer and/orWlerasiolloww � 4 14. VIscralmer. Buyer and Seller acknovda0g4that they have not retied upon anyacivice, representallo'ns orstateinenta of Brokers other than what it expressly Included in this Agreement OrdwafversM shall not assertany cfaiins against Brokers InvoMng rite same. Buyer aW Seller egree that Brokers sMaN not be responsible to advise Buyer and•Setleron anV.m8tior IncWkV but rtat limltesr to the following: ariymader vfi[eh could have clean revealed-tliough a surrey, tare searcttor inspection ofPropW,, the cdndltion of Prope ty, anyportfon -thereof, or any item therein: building producfin-andconstruction and repair tWw4qum the neoesslty or cost of any repairs to Proparty; mold; hazardoris orioxk materbis or substances;• lwrr;Ws and otharnmtxi destroying organisms; the tarcor lagarocnsequences ofthls AgmamQnt olid transaction; the avalmblWt and cost of militias or cornmunityamenWea; the appraised fir future value of Property; any condifion(s) existing tuffProperty whichrnay Meet Property; thaterrns, conditbns and avalabi8tyof ffnan ling; and Ste uses and2xining of Property whether perrnMed or proposed. Buyer tdnd Seller acknowledge than Brokers are not exf>,erts Wlih respect to the at?ove matters and chat, ti any of these matters or any outer matters are of concern to them, they anould seek Independent expert advice rolatiye thorelo. Buyer and Seller ac knowledge thatt-Brokcre shell not be responsible to monftor or supervise arty portion of any corislruchon or repairs to Property and that such tasks clearly fan outside the scope of real astate brokerage services. 15. Lead -Based paint. To the best of Selle's knowledge. a portion of any resideniraf dwelling cliche P.roperfy was AOR was not 0 built prior to 1978. if any portion of a residential dwelNng was buBE prior to 1978, the L98t1.6ased Paint Exhibit must be and Is hereby atta#led as an exhibitio this Agreement by Seller. For the purposes ofthis pam�roph, the term "nasidential dweling*MeV include.ary painted (uctwe, component ormwe rias used therein thatwas built or rnanataclurbd prior to ISM Anyrepairworklnwhldl 1ead43aEed paint is disturbed should be done In accordance with the EPA's Renwafs flight brochure and other related materials. copyrrohto 2MI rty oaorgta Assoatatiwrai REALTOP99, lac, F20, Pukhass and bale Ayreen"nL Page A of 7, 0if0•frri A AN Notfcros hired lie in 1Wrtting. Ail notR.es, lndu+dhg but not lirnitedlo otiara, eaunhuoWore, acoepkvxxm, amendrnenty, dcrnands. notices oftermInatim and othernot1m, required or perm&!ad hareunderahollbein nwieng, signed bytha party giving the notice. it is the Went of the parties that the raquirern&ft of this Notice paragraph shall apply aver: prbrio this Ageoment becoming binding. B, Method of Delivery of Notice: Subject to imitations end conditions set forth herein, no6cas may only be delivered: (1) in person: (2) by an overnight dellvew aervice. prepaid: (3) by facsimile transmission (FAX); (4j by registered or oerWed V. S. math prepaid, return receipt requested: or (5) by e-mail. C. yvhon Notice is Deemed ReeeIved. E)icept as may be provided herein, s notice stirdt not be deemed to be given, delivered or received until it IsactutAlty r vWWd bythe partytawhom the notice was intendedbrthat persons aullwr'iaed agent. Notwithstanding the abom a notice sent by FAX shall be deemed to be received by the part/ tp Whom, it was sent as -of the date and llme it to transrniited loesherthe partrorthe party's audfho4wil agirlrt provided thatlhosteWinaFAX prodyces a Wirfilen conlinmellon showrtng the correct date end tho-time ofthe trarw6mailtln and the lelephor're nur:aW refereanced herek+ towhich"notion shoutd have been •sierlL D. When Mottos to Broker Is NoStO to Broker's CpenL Supt in transaollons whero the Braker Is pmctkMV desigraateci agency.. notice Bothe Brokarorthe aihAated licensee of Broker represerAMa parlyinthebmsac tionshal for all purposes herein be deemed W be notice to Shat patty. Said broker and efiliated Heerade• shall be authorized -agents of the party For the purpose of rleoelving nd9ce. in any transaction where the Broker is practicing designated agency, ohs+ notice to the atfil abed licensee designated by Brokerto repre.sentthe party in the transaction shall be rr(JO in to tf►at party. Personal delivery of ratite aW anly be delivered to the paity Intended b receive thin same or fuel party's authotrltted agent, C Notice by Fax or EAU1111 to a Sinker or Affifkated L•icermee of a ;Stoller, f4o@ras by fax or eanetl toe Broker rx f* afiltlated Iiaensea.or a Broker mayonlybeserrtio the e-mail addressorft numbs , Kany, ofthe Broker -or the afff6ated Woonsee ofthe Broker setforthindl&BrokedLicensesCorbwAIrk mationsectlonofttheeiignaturep*'ofthisAgreemsntotsubsequmityprovided the stoker or the alralated licensee or Broker IbIlDwing the notice procedures set forth herBRL B no. fair tornber or e-mail Oddrel* is included In the SroksMicensee Contact k& mettpn seeGc in of ih@ Ognalt m page of iiia Agreamar t (or Isasuibequer)tyrprwi[fied by the Broker or the affiliated licensee of Broker Rtti Wng the notice procedures) theft netrpe by ttje meahs of bbrnmunigtion not provided she}I not be valid forany purpose herein. Notice to a Broker orthe a4lated licensee of.8wkerwho lm vwovking vvRh, but not representing a party, aha; rsot be deemed to be nonce to that pasty. Arry party sending notice by FAX or emal S7'tell sand an original copy of the notice if so requesffid by the other paity. A taxed dr smiled signature of a partyahall consftu le an original signature *dtr - upon• that party - F. Notice iotimepresentedParty- Apartywholarrotrepresented byaBrokerintireh'ainsacdionmayrooaiver'hoticesbyi=axor•e-mail at the e-mail Address or fox number. if arty, ofthe, party.• set VA below oral such od.W Mart number oc a -mail address as the tarty tray provide following the rote proeadures set. birth hweln. t( no e -mall address or fdx txorhber is providad for bebow or is subt:pquently provided bythepbity ROwsing the notica pyock.Wes-sot forth herairy tt' mno lice thmwrgh the mewls of gomrnuAt.4ca W provided shall not be valid for any puwo iso "rein. Unrepresented Buyer: llnrrawaaamedSelion Fax Pio, Fak No. E -W Address: E-MsltAddress: 77.Defatrit. A. Rfghts• of One Party Against Another Party.. A party« defetliidrtg under this Agreement 0811 be table for the defauit. The non- defauittng pardy tray puirsue teary tawho rernady against the defaulting petty. B. Rights of BrokerrAgainst Defaul fug Patty. In the evens a party detaulta under this Agreement, the defaullirtg party shall playas liquidated damages to every broker involved in this imnsactintr with whom the 04-d tug party does not have a brokerage engagement agreement art amount equal to. the commission the broker would Neve received had the transaction dosed. For purposes oldebentJning k -e amount of liquidated damages to bepaid by the.defoultiry party, -the written orJer(s) of Cal, pensation to such broker and/or other when agreements establishing such broker's commission are incorporated haretri by retbnence. The liquidated tlamageareferenoedabove Are a•reaeonOblepre-estknateof" broker(a)actuatderrwyesand ahenotepennalty, tnthe event a real estate broker raferenoed herein elther has a bhnbKera ge• erngagament agreement or other writter+ agreement for the payment of a reel eetWA commission v lith a defaulting pasty, On real ablate brohar ehel oidy have such r ovdiies against the term ing party as are provitied for in such alareemehL 8,t�h rr P, ns. A. WarrtiadesT'ransfer:Salim agrees to transfer to buyer. artdoslnp.subjedtoBuyer's actapWieethgreaf(andatBuyeetv)gponc-% if there is any aostassocyaatedwith saidtransfer), Seller's intbrestIaany existingmanufackni's vrarrentles,service contracts, fermate treatment and/or repair guarantee andJor other sirnbr warrardies which, by their terms, may be transferable to Btryw. B. 1 tepairst All agreed upon repalm and replacements shall be perfomred In a good and workmanlike rnat'nner prior to closing: C. Binding Efteet, Entire Agreement, Modificahbn, Assign// #nt: This Agreement constitutes the sale and entire agreement between all of the parties.sipersedes allof their priorwrNen-arid verbal agreements and shalt be Minding upon itis parties and their successors heirs and permhted asilgris.44o, representallbri,promise-or inducement not Induded in this.Aareement shall be binding upon any party hereto. This Agreer nik may not be amended, modified or waived except upon thewrltten agreement of Buyer and Seller. This.Aoreement may not be ess.)gned by Buyer exceolwith thtt written agreement of Sailer. Arty assignee shall MOM all the terms and condillons of this Agreement. D. Survhtal of Agreement. The fcaoowirrg shall survive that closing of this Agreement (1).i w obligation of patty to pay a real estate commission; (2) any warranty of tithe; and (3) arty obligations• which the parties herein agree. strait survive the closlit or may be performed or fulBled after the dosing: E. Governing Law and Irrterpretatiom-This Agreement may be signed In muftle, counterparts each of which %hail be deemed to be an original and shall -be interpreted In accordance with the lacus of the State of Georgia. No provision herein, by virtue of the party who drafted A, shat be Interpreted less favorably against one party than another. AB references to time shall mean the time In, Georgia. Copy09MO tto11 by Gowgia AmuWatiom or REALTORS% kw. M. Purdwso and Sole lgroamaht, Paye 51of 7, 01101111 F. Time of Essence: Times of the essence of this Agreement. 0. Terminology: As the context may require in Bids Agreement: (1) the singular shag mean rhe plural and viae versa; and (2) all pra uns dWI mean and fncklde the person, entity, farm, or corporetbn to which they helpba. H. DladkVAgreement Dat4.TheSlndingAgreement DotoInthbAWw twat-halibethedate ~the pertymolin8igeiasioff0r or tha Broker (excapf in a designated agency transactioai) or ablated mea of Blotter ropfesentimthrat party as a cNent, receives notice that the offer has been accepted..Ttft party (or alis Broker eretfiliated licensee repressnprrg lift petlyea a client) stian fin In the sinding Agreement Date below and promptlygfve notice of this data to the other party. Filing in the Sinding Agi eement Oahe shall not be deemed to be a counteroffer. 1. Responsibility #.o Cooperate: AN partes agree to take atl actions and do a11 things reasonably necossary•to fu fill the terms and Conditions of this Agreement in goodtdth and In a timely mamtrar. Buyto arid Soler shall euwaute and dwlver' such co lificdtwns. ailldavits, and stateirtants as are requtried enclosing its most 4t8 mquirements of any tencle�a> and of fedora) end lit -do taw. J. GAR Foam- The. Georgia Association or REALTORSO iiia. rGAR') Makas certain standard real estate "r. available, to its members. These GAR torme ara frequently provided to the paries In rel estate ttansactians by the REALTORSV with whom they we worldng. No poly Is required to use any GM ftlrrn. Since ■eye *WJM are generic and viv tl9rl % tt the inlprests of muidple parties in mind, they may es"d to be modified to meet the specific needs of the parties using "m. If any party hes any questions about his or her rights and obl%atitrAs urAlat ony GAR fotmttaor she should cctnsait an atUnley. The parlies heroin agnie that the GAR fdmm mayonly be tiled inoondan6a, with the licensing agretsmerd.A G AR. While GAR -forms maybe modified byV* parties, no GAR Corm maybe -reproduced wiNtaectIons removed. altered ormWffed unless the changes are visible oh tate farm IuWf or -in a stlpulafion, addendum, exhibit orathentIme lilmretm 19, Hgoa �Co meipr6t i inn th Sroct►ure.• Buyer at"ar d'hss OR Ej bas not r000lvedal copy of the GAR.bnachure entided'Pwiect Yourself Whon. Duping a Horne' (Form F13). 20. Exhlbta i A Nende. Al exMbits andfor addenda attached tterelo, listed below, or referenced herein ane nada a part of this Agraeement. K inti► Sikh exhlbil or addendum con&M with stay preceding paragre ih(inclocili ag arty changes thereto made by the parties): said'o"tilt or addendum Shag control. UL Legal Des rlptton of the Property as ExNbft" A © Fbtancirtg CattUr emy as Exhittit' " The ❑ FHA Loan Exhjl* OR 0 VA Loan ExMI:OR [3 Conventional Mrienoft Exhlblt as Exhibit', A Survey of Property as Exhibit' ' Appraisal Contingency els Exhibk " Seller's Property D"tsctbsute 8tatornord as !Exhibit' t_ead-Based Paint Exhibit etr Exhibit' " Source a Bvytx's Funds as Exhibit' Sere or Lapse of Buyers Property contingency as exhibit . Baas -up Agreement Contingency as ExJhi At Community Association Disdosurs as Exhibit' ' Othe, S-9 4-T-- Ab 6 re•134 Uj= -- - Othar, O#her Mar Mer SpEcIA .5TIPt3LATl0W: The following Special SilpulaWns, YcahAictlrgVAltl any exnibK,-addendum, or preceding paisgraph (including We are an equal housing opportunity provider. We do rsot diserfrninale on the basis of race, color, Sex, national origin, religion, disability, or familial status (having children under age IS). Cop9ri9h10 2011 by 6eor01a Assoclallon ofREALTORO. line. F26. Purchase and Sale Agreement, page 6 or 7, MOW Additioraai Special Stipulations are 0 or are 0 notattached- Tb»e Unilt Of th* Offer, T farms of this AWasment shaft oonstituts an offer !'Offen which shall expire at o'er a m, on the date of � R r <- t 2 . 2 a 11 __ unless prior to that time the Offer is accepted in w6tirrq and notice of the amptarwe is da ivered to the party who made the mer. C.,or, Print or ype Name Buyers Signature Print or Type Name Set Bropy Z?a Adf&j sy: r or Broke r rs AN Is 0 MZM—saa ,au,r-n Print or Type Name _ 1A o M 13 Eo LS "CoCCoda Brokerage Firm License NuWb-er Multiple Usring Mumbor gelift SrokedUcemeee Contact Information: Fhcn Fax# r7 7o - J -J- 2 - -,.?-%O J E - Niq i Wi /y'fOt�//0 /- -- cD- C-'-',, /1- - r ✓�-r I --I\ I -iL50 Selling Agent's Georgia Real estate L.iaer►se Number Membero€: A'j O--,0a� of REALTORSe ,}aor4Wi ,aresbaty .4svr[ � Sf PrtRt or Type Name Satler's Signature . Print or'1•yps Nw7.e , ra3�.a<L h1Derr�Ani r�EA�-'r'ofi.3 L SSM Brokbr BY' broker car Broker's Af hated LIDensee :C Print or Type MLS 01 Code Brokerage Firm License Number Listing Broker�l.io�rs sSee �ntar�,t ipforme6on: Pt,onet# E -Mail V ":¢ •51eti.'�4lt� e t Ustiag Agent's Georgia Real Estate Cleanse Number Mamberof: W' t , *-^ �o g ,�� _ofREALTOR.^+e Bindlna Agreement tate: T, 6indin A Bement Dale in this transection is the date of A-pl r Z, Zl 11 9 and has been fiilr3d In by _..... _✓_u-12(2..—� � I i Gopyri0htV 2911 by G;ar* AsaxixtCon or REALTORSC hra F". Purehaso and Sale Agrewnewt, Paper 7 oil, 0001111 4 1,- 14 l M' r A ;de ditsdioa ort ie rroperty Tj& read caste appraised is generally szW+2ed at the northeast comet cif Hopewell and 4S kake a Roads vv3 d= Melton, Fulton Cow%W, Qcorgi& 30004. Dw two parcels +Ompwisir-l; the, sttbjact arc not adjacent am Stere is a >LA -arse residential property that lies in bet~ the twv barrels. This middle property bas an �cdal address of 35690livprnmIl ROW, Mlltcm,Fx�Fion Coxavey, � 3Dp04: 'The subjmf s tem parcels lack ally W property 34dr== as tbcy atc vacant )arta. All Hiroo lots have a Csac parcel idmWiaaticm of 22-4960-0403-453-7 X,egal Teacrlpfron M-. r* "S" 9a Zeas ,+e tsr+t qtr rc raaoit grtx+a , as sag a' �Wd W 4W at 00 s'smut. a" . Irmutm saauaaaara►a+troctt parva. araataomeeww�� 418tatinptw�oo.tlati316ct� ��?9partf"'d�ii° scare, �vr�a�anr.�t'�s�am�aa���t��� 1313&T 1302. W. Spring Street Monme, GA 30655 ADDFAVDUM TO CONTRACT FOR SALE T7Bo1S AjDDENDVM ru TDB CONTRACT FORSALE DATE , 2010 D.ETWEEN DB&T (SELLER) AND THE uNDBRS�� PARTYES (BiTym) CON'COM THE PRtOP)&RTY .LOCATED AT-. . �p . rr� ,, c .3 !h -.1060+ Buyces; NamM L - = of . ttrl' —ra..t A Duyer'3 biline: Street A.ddre"! 13 000 ber$-M.FLIELA Ptt.tw ,l county: i oy i City: ren rv.J State; C-46% Zip= 000 IN THE EVENT ANY PROVISION OF'TWS ADDENDUM CON1FIJC78 .iN WHOLF tilt IN PARI' WI'TIB THE TOWS OF TIM CONTRACT bolt SALE To WHICjH 19,ATTAC'7'MID, OR AlN"Y A.DD1DA rO THE CONTRACT, THE PROVISTONS OF IMS ADOENDLU WELL PREVAIL UNLESS SUCH PROY'?GSYONS ARE CONTRARY TO ANY LAWS OR OTHER APPLICABLE LEGAL PROMMITIONS, IN WMCK CASE- THE CONTRACT FOR SALE SHAM GCIYERN,OMy To THE LIMITED']5JMN1T NTECESSAR'Y FOR COMPLIANCE WrM TRE SAAML Hereafter tete Contract for Sete hnd the Addeedum shat be-re%rred to taptiter as On coniratst 1. Cowith respect to am daiVx wCc!fia in zhe aseemew aad any addenda or amendmenss tAam. Aft deadlktes ale. rrrtetrded to be strict a:nd abaohae The closing shall be: held at a place designated and appwvcd by the Sella: The ctoaiag shall take place on orbetbro at 20 200 i l 'ilia sellvor Seller's te;rosents0w is to be noHfiW immediatelyieBoyer.wishes to delay the. closing for ANY reuses Thir closing date may bs wended unlly it (1) Buys submit.+ a X&M nquftt for extenstcn to Seller and Salley agreea to such extension htwrWag: "d (;Z) Ba�w pays as btOstSROnfee of S 10.00 per ba iness dear to Seller dvough and iru V the ofosing date: apeoitled in 0�e writtat exte rasion requeah.'iltt: fill amount of the dosing extension frr.mwd ht depoaited with the closing agent at the thaw any request fOr exteraw 10 made. 'ne closing sattenarort fears considerallon for any argtually agreed" a lawionof the closing ddtc end shad not be applied as a era it to the purchase pr°IM if the Cloning dries inotoeoar bf the date set !dile above oc as extended by mut+:sl tivrittco agnetanent(@re'�ClCsing iDatti '), the Contract ie autotrogeslly vnWnated and the seller demi regain any earnest nvoney deposit and exteaseo» fee ae l irpidatci damages and the Seller is antotmtiplly reltasad frons► lite oblip2ion to sen the.pgq tty to the Buyer. Heetha the Seiler rror its represe ntadves ehal t be liable to the Buper for any datntitptes oPany kind at a result arawSallces Wlwetd sell and convey the property to )8,t*w,W1k+ the Closing Date. Ti the event of. Se llWa t1cfautt nnder the terms of the Contractor if the Seiler terminates the Conttiv-rt w provided wader tho provisions of the Contmot, the Buys' shall be entitled to the return of the earnest money deposit as Buyer's sole sad exclusire fernedy at law and acicaowledgr-s And agrees that theretunn of the earnest money deposit to Buyer adequately and fairly comprnsetea the Buyer. Buyer and Seller shall be released from any ita6er obligation cad, to the oozes in conne>dion with the Contract. 2. Ville Contetyance: Scllor shall convey title to the 8ityer by Special or Limited Warranty De --d w appropriated for tho jurisdiction where the property is located and witht Qyi oaural Warranty covenants. t Buyer 36idalst� 3.7 albte 11(j%L Buyer must notify Seller or its representaltm of any and all valid title objections at least= lova (I befo'eelosing or all cape ions rntidn shall he waived. IfStiler cannot ==said objections after good Will efibr% or to do to would delay closing beyond the original or any octcaded Closing Date Seller shall uses its bat cffarts to obtain, at Se3ar's expense from a title irm"nee wmpany chosen by Seller, a commitment for an O"O's tide iAao,tmwc policy containing affirmative coverage for the We objectitma, in which car. rhe Contract suet! remain in full force end the Buyer shad perform pu mnant• to the ftrwL i set fotilt in the Contract Sd ler is under no e>:nligntion to os+e extraordinary tpsasunes, to bear any expanse, or to bring any action crproceeft In order to drJ ver insurable title If Seller is woNeto deliver insurable tulle. or abtain a title inmrrmce ctxmmitxrment $om s.repatsble title insituaace sompatry, tha.Buyer's solo remedy shall be to receive a rddrn ofary earnest .money deposit, terminating tate Ce:ntr2a rendaring it ucll and void. 4, Qualti2Meljprooer .._CWardtal?6Mk1tnra aiiycrinhwareand si*nowledgesfheSeUeracquired the prapatY Owasglt forecioeatc err o'hercameyanot and thin seller has, not occupied mxb prtr c# aad has not made, and does not otalm any W&ffWty.or npreswtatiw►, OWessed ear implied, the ganlity, eonditinn, babitability, suitobilitY of the props$* or f5merss for a a®r1f>`ulerperpoie it's soil eondMons or release of haumdous-WORletciak. HImpaction reports ha -F beerrobbined by Seller err itF ryPres=ni 4tivees, said r+�orts may.bt ptgvit)eri M Buyer for inftxtruatiA4putpoaes i y. Sellrs those not warrant theiimth or vsd"idityof may findings ibaEma� be nosttautce d in auacb tepong 8nyer mowlydga and #grecs that Setlrs does rat vraernnt nr �etaran� the square fddfagG tnrutitiron. vaJnq lot dirrrrrisions� stracioo quality, psaaoMl prapaty fir fmxittrea retrnainiug oa or in die pteparhr: Dwyer hereby acknowledge+ and agrees tbat Buyer ]es thoroughly inspected sod eext mined the ptopoxiy and agrees to purchase the ptt►perty'' X! with at fjHtW' Buyer is r�rm sibla fur obthih-.ng Inspurepels tr tion. ent quslifrtci stro4und and tubehanica] compwtants end to detrxt the pre arm of asbeetot ioschdon, lead proji,Wonsb to aasesa baaed puiay radon gas,,mWd, mildera or any micsosropid orpnimm, If Buyer e1'atapyiruves of the ptaportY pursuant to the Contract bVectica provision, Buyer agrees to- furnish St31er with a copy of ail• inspection reports. However, Seller is not requhvi to pe aforra may repairs outiioed in satd-aeports. Mold, mildew*, spores and othermiwvscopie ot�xritsns m envireonmeittal anr►rlitipna tltstt ace common in residential propotres and may ttf ea tbttproperty. mold, in stone fot»y bas bean r4vda to be toxic and cause 'serious pbyaicO illraseca, idclu&ng, but not 1Pmnitexi W, allicMio =j/or respiratory rearrionsiocadwr pmbimM. Vwtieulerly iri pexsxins with imaime. sysWvt problans, young eitIOAkirn ertdlor lite elderly. Mold hat also been rePrtOd to cause exft"vc demage to poi ewsl sad real l�p�y 1hia carnpany cannot suggest, refs , recomrmnd, orintexthxt yew slreyid or *ouW not use a Mold inspector. Should you desire an inspection by a Certified Mold. Inspector, you should contAd sa bopeotorwho has bemcgrdfiedtocaptwremaldsamplaforleboraboryteadn$ Nnwactenty,reFre+antetionoir 6oc9mmomiadon can be madeby any $mesa or repte dd tative of 1116 Seiler concerning any MoBd ]aspect": D wyer is S`fRONGLY'URGED to independently determine the eomocrck y of arty Mtald Ingmctor to he acedia ocnaection with the pwolwrs sales orrartal of rml eitatc. 5.ggulm Buyer sad its reptesenta-ti ceshallnotenteronto.thepagpertyfortbepurposesormakingrepnirsoc shaft gtesproperty prior w ederslug wldtout wirlaw aufhort=tlan from Seller. Tn H►c event the Bayer doce breach the Contract by malting replan or alters said property prior to cles'utg. WWiout Belie r oonsatk tbe.Buyer agrees to release ■siiaiarardOptine $elkxJrom oral ell Unirrrx rcieWmI 10 Said rapeirs. Buyer stall be tlablo to the Scllcr for dernsgcs, inchdirttregonablee attoraey feta, caused by such alterations and waives any clsit:ts The jbdust enri �t M1h� not oonoythe proptxty err atfaw any pstzsUtttt rn Occupyt the d property prior to osing-. nP Any a{gtoay to pmixm are not guarrknteed arwarrealed. ti. CWoa Coeds: Buyer and Seller agree to pay thecloaing costs which are t astomenty paid by each in the armn wbefo the prespaty Is 1mr xi Seller's responsbitititar rotciusWg uceAs ludude decd prapaa d;m decd tax staxnpxr, real estate comtnisslom, proqucd pwpeety tares, pio-rated haute owner dues as drec wiling foes, Htryer tract Seller shell negotiate the 1?t'inear olany ase*$ atruinst the l►ruperty by a masioipn6ty, dry, state or eztmty. Seller shat l not be rvsponaible for any amounts due, paid or to bepatd aRartho closing date. 7. Hesston- Seller shall deliver posee pion of the property to $uyexat dosing and funding of lite sale. Buyear is hereby iof fined tho property may be on a m werr key aystm. -Buyer is enaxaaged to rokey die prbpaty Otter closing and agmen :o hold Sellerbarmless for sty theft or damage of peprsonal Property. r $. Assi>cnment: The buyeranaq not as.�ign thtb Contract without the: priorwritten consent of the Seller, the exception" being where the buyer tstablislw an 1d..0 for the ppecifie purpose of acquiring the property. Soyer Initial -- 9. R rtrlct Cey: Bayer is responsible PbroWning and reviewing applicable covto mets, iratriotlons, bylaws or conditions governing du property. Seller wail make best slforis taassist Bi ya is obtaining said documents- Buys* will be deemed to have accepted said covemnts and restricCaws unless Buys notifies Seller of Suyer's dar�scoeptencc in writing wMin'IUea (3) days of Seller's acceptmoaof CoottacL 10.Seller,vill notbo responsible Poiprnvidiag Buyer with a =Vey. Buyer shall incur all survey coed unless othe visa asnmd. Buyer and Seller acknowledge receipt and acceptance of all items above. Seller: Braaek Banking & Trust C env Title: S Date: Buyer: . Siga til»: 'Buyer: C04%W .p. z .'�• LA Cad It3l taasrw , , r.E O F '1. `•ro .a r Print Nance Buyer: Buye, r: Signature Print Name Data. O�l357t Qasina .AMM-mr-v Ir►fr)ranation_: Name: „s ra • Physical. Address: v -� City, State: Zip: Phone: Fax: - � c . _art 11- Lt -E I s% -E I7 b S. rnA --,, . c'A I it:' Z A,, -e IIeq R- -;T S T - CSA. 3Oooq M X699 (P) c�bL4— gge5 (F) M