Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
07-01-2019
City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers6:00 PMMonday, July 1, 2019 Revised We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a.Minutes of the February 4th Council Meeting 02-04-19Attachments: b.Minutes of the March 4th Council Meeting 03-04-19Attachments: 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS - None at this time 3.a. Proclamations Presented Outside Chambers - None at this time 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. Page 1 City of Edgewater Printed on 6/28/2019 July 1, 2019City Council Meeting Agenda a.Recommendation for award of contract to Redevelopment Management Associates for Professional Real Estate Broker Services for the City of Edgewater. Master grading sheet RMA - Contract Attachments: b.Monti Presby, requesting City Council waive the Special Activity Permit fee for a basketball clinic, Execute to Impact, on August 10, 2019. Execute to Impact LetterAttachments: 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2019-O-12 - Alfred and Luana Schmitz requesting annexation of property located at 120 Godfrey Road. 2019-O-12 Location Map Aerial Map Survey Attachments: b.2nd Reading - Ordinance No. 2019-O-13 - Alfred and Luana Schmitz requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 120 Godfrey Road. 2019-O-13 Location Map Aerial Map Future Land Use Map Attachments: c.2nd Reading - Ordinance No. 2019-O-14 - Alfred and Luana Schmitz requesting an amendment to the Official Zoning Map to include property located at 120 Godfrey Road. 2019-O-14 Location Map Aerial Map Zoning Map Attachments: Page 2 City of Edgewater Printed on 6/28/2019 July 1, 2019City Council Meeting Agenda d.2nd Reading - Ordinance No. 2018-O-33 - Richard Kowalski, requesting an amendment to the Official Zoning Map to include 1.26± acres of land located at 2001 South Riverside Drive as BPUD (Business Planned Unit Development) and approval of the associated BPUD and Right-of-Way Use Agreements. 2018-O-33 - 06-28-2019-Marina RZ Location Map Aerial Map Zoning Map PUD Agreement ROW Use Agreement Master Plan Color Rendering Overhead View Street View Building Elevations Public Correspondence Appeal Correspondence Additional Questions Attachments: 9. BOARD APPOINTMENTS a.City Council’s appointment to the Library Board (Recommendation by Councilwoman Power). Library Board - RyanAttachments: b.Economic Development Board - Mayor Thomas' appointment due to the July 18, 2019 term expiration of Marcia Barnett. Marcia Barnett Reappointment RequestAttachments: c.Economic Development Board - Councilperson Christine Power's appointment due to the July 18, 2019 term expiration of Clarence McCloud. 10. OTHER BUSINESS a.City Manager’s Agreement - Glenn Irby City Manager - Glenn Irby Final w Exhibit AAttachments: Page 3 City of Edgewater Printed on 6/28/2019 July 1, 2019City Council Meeting Agenda b.Steven and Catherine Hall, requesting approval to remove a 41-inch historic Live Oak Tree for property located at 2503 Victory Palm Drive. Plan Aerial View Photos Attachments: c.Agreement between the City of Edgewater, Core & Main & Sensus USA, Inc. Edgewater MPA FINALAttachments: 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, CMC, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 4 City of Edgewater Printed on 6/28/2019 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4239,Version:1 COUNCIL AGENDA ITEM SUBJECT: Minutes of the February 4th Council Meeting DEPARTMENT: City Clerk City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council Mike Thomas, Mayor Christine Power, District 1 District 2 VACANT Megan O'Keefe, District 3 Gary T. Conroy, District 4 6:00 PM Council ChambersMonday, February 4, 2019 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Mike Thomas, Councilwoman Christine Power, and Councilman Gary ConroyPresent:3 - Councilwoman Megan O'KeefeAbsent:1 - Brenda Dewees, City Attorney Aaron Wolfe, and City Clerk/Paralegal Robin Matusick CMC Also Present:3 - 2. APPROVAL OF MINUTES a.AR-2019-3986 Minutes of the December 3, 2018 Special Council Meeting A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 3, 2018 Special Council Meeting. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - b.AR-2019-3983 Minutes of the December 4, 2018 City Council Workshop A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 4, 2018 City Council Workshop. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - c.AR-2019-3985 Minutes of the December 12, 2018 Council Meeting A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 12, 2018 Council Meeting. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - d.AR-2019-3984 Minutes of the January 14, 2019 City Council Workshop A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the January 14, 2019 CIty Council Workshop. The MOTION was APPROVED Page 1City of Edgewater Printed on 6/18/2019 February 4, 2019City Council Meeting Minutes by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Presentation by Abby Johnson, Intergovernmental Coordinator of St Johns River Water Management District with a check for $1,417,680.00 for the Reclaimed Water Project a.AR-2019-3991 Proclamation for Officer Kevin Nugent, Officer Samuel Epitropoulos, Sgt. Stephen Binz, Sgt. Myles Lawler, and Deputy Timothy Maxwell (VCSO) for their courageous actions on January 9, 2019 This proclamation was read into the record. 3.a. Proclamations Presented Outside Chambers - None at this time 4. CITIZEN COMMENTS Libby Lavatte, 1820 Hibiscus Drive: Discussed a reclaimed water break and spoke about an Earth Day event she would like to host. Hailey Vezza, 114 Orange Ave: Discussed how her sons bicycle was stolen and thanked the police officers who helped return it. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Council disclosed that they met with Attorney Glenn Storch and Mike Lopez Mayor Thomas reported: Attending the utilities workshop, the rental program workshop, the state of the county address, the Volusia league of cities dinner and the car show at Hawks Park. Discussed investigating 3 residents complaints, met with Senator Tom Wright regarding septic tanks and requested a monthly report of the amount of water being put into the lagoon. Councilwoman Power reported: Attending the state of the county address, the Team Volusia meeting and the car show at Hawks Park. Councilman Conroy reported: Attending the Volusia League of Cities dinner, the car show at Hawks Park, a meeting for the Habitat for Humanity and a reading at Indian River Elementary. Discussed a request for a monthly financial report. 7. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Consent Agenda Item No. 7b and 7c. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - Page 2City of Edgewater Printed on 6/18/2019 February 4, 2019City Council Meeting Minutes a.AR-2018-3974 Award of contract(s) for RFP 19-ES-001 - Green Waste Disposal Councilman Conroy pulled Consent Item No. 7a for discussion. After dicussion, a motion was made by Councilman Conroy, second by Councilwoman Power, to approve Consent Agenda Item No. 7a. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - b.AR-2019-3980 Boys and Girls Club Sub recipient Agreement Edgewater - amended and restated c.AR-2019-3982 Sub-Lease Agreement between SEV YMCA and Salty Church 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2019-O-04 2nd Reading - Ordinance No. 2019-O-04: Michael Lopez requesting an amendment to the Future Land Use Map to include 160± acres of land located west of I-95 and north of West Indian River Boulevard as Commercial with Conservation Overlay. City Attorney Wolfe read Ordinance No. 2019-O-04 into the record. Interim City Manager Dewees made a staff presentation. Mayor Thomas opened and closed the public hearing. Trish Berard, Court Reporter in attendance from Volusia Court Reporting Council acknowledged (Power, Conroy & Thomas) meeting with Glenn Storch & Mike Lopez about the projects A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Ordinance No. 2019-O-04. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - b.2019-O-05-a 2nd Reading - Ordinance No. 2019-O-05 - Florida - Friendly Fertilizer Use Control City Attorney Wolfe read Ordinance No. 2019-O-05 into the record. Interim City Manager Dewees made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Ordinance No. 2019-O-05. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - Page 3City of Edgewater Printed on 6/18/2019 February 4, 2019City Council Meeting Minutes c.2019-O-06 1st Reading - Ordinance No. 2019-O-06: The City of Edgewater requesting amendments to the Comprehensive Plan based on the required Evaluation and Appraisal review process. City Attorney Wolfe read Ordinance No. 2019-O-06 into the record. Interim City Manager Dewees made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Ordinance No. 2019-O-06. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS a.AR-2019-3987 Selection of Interim City Manager #1 Irby #2 Croteau A motion was made by Councilman Conroy, second by Councilwoman Power, to approve negotiations with Glenn Irby for Interim City Manager. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - A motion was made by Councilwoman Power, second by Councilman Conroy, to approve applicant Jamie Croteau as Applicant No. 2 in the selection of a Interim City Manager position if needed. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilman Conroy3 - 11. OFFICER REPORTS a.City Clerk Thanked everyone that attended the Volusia League of Cites dinner and discussed the Library Board and how to proceed. b.City Attorney Gave an update on open litigation cases that he is handling: the first one regarding the Eminent Domain case on State Road 442. He stated that 3 out of the 4 neighboring property owners donated their properties to the city. The 4th property owner Mr. Snowden did not agree to donate his 5 acre Page 4City of Edgewater Printed on 6/18/2019 February 4, 2019City Council Meeting Minutes property. The city then had the property appraised and made an offer based on that appraisal. Mr. Snowden declined the offer so the city had no choice but to initiate a Eminate Domain case and proceeded to an Order of Taking hearing. The judge found that the taking was for a public purpose and entered the Order of Taking. At that point the city paid the deposit for the property at $85,900. Additional title work came in indicating that Mr. Snowden and his company did not own the entire 5 acre property in fact they only owned 1 Acre of the the property. We contacted the owner of the other 4 acres and that owner decided to donate the 4 acres to the city. At this point the only issue left to resolve is the amount of compensation to be paid to Mr. Snowden and his company for the 1 acre of property that the city took and what compensation should be paid to the owner of the mineral rights of the 5 acres of property. We have a settlement conference scheduled for February 19th to discuss the resolution of the entire case. If any agreement is able to be reached in the meeting it will be presented in front of council for a final discission. The second one is regarding a Code Enforcement case involving Mr. Ingles at 158 Azalea Road. He was cited by code enforcement because he was mooring a boat to his vacant property which violates a section on the cities Land Development Code because there was no primary use for the property as there was no house there. So what Mr. Ingles did was go to county court for an injunction trying to prohibit the city from enforcing its code. I moved to dismiss the Complaint because that is not the proper procedure and they weren't entitled to an injunction. If a person is unhappy with a code enforcement decision their remedy is to appeal that to the circuit court. Mr. Ingles did not do that instead they went into county court and sought an injunction. For a number of reasons that was improper. The judge granted a Motion to Dismiss but gave them leave to amend the complaint to try and plead a claim for injunction. They amended the complaint and I moved to dismiss the Amended Complaint on the same grounds. That has not yet been set for a hearing. c.City Manager Discussed and received a consensus from Council on the approval of the 1/2 cent sales tax projects. Discussed a request from Officer Raver to extend his workman compensation hours. Conroy overturned the recommendation by staff and stated to let Raver stay employed with the city and use his accrued time until the pension board makes a determination. Discussed her upcoming vacation and placing Samantha Burgeron as the Acting City Manager in her absence. 12. CITIZEN COMMENTS Libby Lavatte, 1820 Hibiscus Drive: discussed an Earth Day event that she is trying to plan. Gigi Bennington, 121 Virginia Street: discussed running reclaimed water on the East side of US1. David Kneiszler, 2319 Unity Tree Drive: discussed agreeing with the proposed 1/2 cent sales tax. Jennifer Parker, 2019 Umbrella Tree Drive: thanked the City Council for standing up for our police Page 5City of Edgewater Printed on 6/18/2019 February 4, 2019City Council Meeting Minutes officers and is proud of all the positive change in the last few months. 13. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 8:06 p.m. Minutes submitted by: Kelsey Arcieri, Assistant to the City Clerk ATTEST: APPROVED: Robin Matusick, City Clerk/Paralegal Mike Thomas, Mayor Page 6City of Edgewater Printed on 6/18/2019 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4242,Version:1 COUNCIL AGENDA ITEM SUBJECT: Minutes of the March 4th Council Meeting DEPARTMENT: City Clerk City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council Mike Thomas, Mayor Christine Power, District 1 District 2 VACANT Megan O'Keefe, District 3 Gary T. Conroy, District 4 6:00 PM Council ChambersMonday, March 4, 2019 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Megan O'Keefe, Councilman Gary Conroy, City Attorney Aaron Wolfe, City Clerk/Paralegal Robin Matusick CMC, and City Manager Glenn Irby Present:7 - a.AR-2019-4011 Absence - Councilwoman O’Keefe A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Councilwoman O'Keefe's absence from the February 4th Workshop as excused. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Councilwoman O'Keefe's absence from the February 4th Council Meeting as excused. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Councilwoman O'Keefe's absence from the February 11th Special Meeting as excused. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - 2. APPROVAL OF MINUTES a.AR-2019-4010 Minutes of the December 3, 2018 Council Meeting A motion was made by Councilman Conroy, second by Councilwoman O'Keefe, to approve Minutes from the December 3, 2018 Council meeting. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.AR-2019-4003 Informational Presentation by Environmental Services Department and Southards Page 1City of Edgewater Printed on 6/19/2019 March 4, 2019City Council Meeting Minutes Recycling regarding Residential Recycling Service This presentation was read into the record. 3.a. Proclamations Presented Outside Chambers - None at this time 4. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive: discussed a canal clean-up that she recently helped with. Tom Long, 1789 Bay View Drive, New Smyrna Beach: discussed the proposed residential rental inspection program and requested a response from the Council Members. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Item 8b (Ordinance #2018-O-21 - McGinnis Future Land Use Map) and 8c (Ordinance #2018-O-22 - McGinnis Zoning) to be pulled by the applicant who will bring these items back when the property will be developed 6. CITY COUNCIL REPORTS Councilwoman O'Keefe reported: nothing at this time. Councilman Conroy reported: nothing at this time. Mayor Thomas reported attending: the Indian River Lagoon Council Meeting on February 8th, the Princess and Prince Ball on February 9th, the Ethics Course held at UCF in Daytona Beach, the Volusia County Round Table Meeting and the New Smyrna Beach Meeting regarding the closing of Magnolia Street on February 11th. Councilwoman Power reported: meeting with Randy and Brenda from the Environmental Services Department regarding Compass Broadband and CMA, attending the opening of the New Smyrna Beach Cultural Center, the TPO meeting regarding transportation needs, the TPO Planning Retreat and the Turnbull Bay Bridge ribbon cutting. 7. CONSENT AGENDA Councilwoman Power requested Item 7d (Discontinue Police Services for Boston Whaler) be pulled for discussion. After discussion, a motion was made by Councilwoman Power, second by Councilman Conroy, to approve the Consent Agenda (all items - 7a - 7f). The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - a.AR-2019-4000 Approval of the Victim of Crime Act (VOCA) Application and Agreement b.AR-2019-4001 Authorization for Sparks Concrete LLC to provide as-needed concrete repairs and improvements Page 2City of Edgewater Printed on 6/19/2019 March 4, 2019City Council Meeting Minutes c.AR-2019-4014 Approval of Contract for ITB 19-ES-002 - ADA compliant sidewalk on 30th Street from Pine Tree Drive to Hibiscus Drive d.AR-2019-4017 Discontinue Police Services Contract with Boston Whaler e.AR-2019-4018 Naming the Street constructed by Boston Whaler as Legendary Way f.AR-2019-4019 Approval of Addendum #1 - Chemicals - Water - Wastewater Treatment Plants (ITB #18-ES-006) - Liquid Carbon Dioxide 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2018-O-20 2nd Reading - Ordinance No. 2018-O-20: Patricia McGinnis requesting annexation of 16.51± acres of land located north of S.R. 442 (West Indian River Boulevard) west of Willow Oak Drive to Air Park Road. City Attorney Wolfe read Ordinance No. 2018-O-20 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve second reading of Ordinance No. 2018-O-20. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - b.2018-O-21 2nd Reading - Ordinance No. 2018-O-21: Patricia McGinnis requesting an amendment to the Future Land Use Map to include 16.51± acres of land located north of S.R. 442 (West Indian River Boulevard) west of Willow Oak Drive to Air Park Road as Commercial with Conservation Overlay. Item pulled at the request of the Applicant c.2018-O-22 2nd Reading - Ordinance No. 2018-O-22: Patricia McGinnis requesting an amendment to the Official Zoning Map to include 16.51± acres of land located north of S.R. 442 (West Indian River Boulevard) west of Willow Oak Drive to Air Park Road as B-3 (Highway Commercial). Item pulled at the request of the Applicant d.2018-O-26 2nd Reading - Ordinance No. 2018-O-26: Glenn D. Storch requesting approval to establish an RPUD Agreement for 292.5± acres of land located east and west of Volco Road. City Attorney Wolfe read Ordinance No. 2018-O-26 into the record. Page 3City of Edgewater Printed on 6/19/2019 March 4, 2019City Council Meeting Minutes Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2018-O-26. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - e.2018-O-28 2nd Reading - Ordinance No. 2018-O-28: City of Edgewater requesting amendments to Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. City Attorney Wolfe read Ordinance No. 2018-O-28 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2018-O-28. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - f.2018-O-30 2nd Reading - Ordinance No. 2018-O-30: Glenn Storch, requesting annexation of 1.37± acres of land located at 4520 South Ridgewood Avenue. City Attorney Wolfe read Ordinance No. 2018-O-30 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2018-O-30. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - g.2018-O-31 2nd Reading - Ordinance No. 2018-O-31: Glenn Storch, requesting an amendment to the Future Land Use Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as Commercial. City Attorney Wolfe read Ordinance No. 2018-O-31 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Page 4City of Edgewater Printed on 6/19/2019 March 4, 2019City Council Meeting Minutes Ordinance No. 2018-O-31. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - h.2018-O-32 2nd Reading - Ordinance No. 2018-O-32: Glenn Storch, requesting an amendment to the Official Zoning Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as B-3 (Highway Commercial). City Attorney Wolfe read Ordinance No. 2018-O-32 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve Ordinance No. 2018-O-32. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS a.AR-2019-4007 Rajesh Ailani requesting an amendment to the Brilliance Edgewater ALF BPUD (Business Planned Unit Development) Agreement. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Amendment to the Brilliance Edgewater ALF BPUD (Business Planned Unit Development) Agreement to include the independent living units going from 23 to 25, allowing 95 beds (75 to 95) and 4 monument signs. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Conroy4 - 11. OFFICER REPORTS a.City Clerk Thanked all for attending the Ethics Class this morning. Requested Council to let me know when they can meet on Friday, March 29th to discuss the CAFR with our Auditors. b.City Attorney Litigation update - 1) Eminent Domain case - 442 widening - attended a settlement conference a couple of weeks ago and was able to work out an agreement with the owner of the surface rights and will be bringing that mediation agreement to Council at the April 1st meeting - still working out an agreement with the owner of the mineral rights to the property. 2) Suit served against the city from the Fire Association where they previously requested the city Page 5City of Edgewater Printed on 6/19/2019 March 4, 2019City Council Meeting Minutes terminate the agreement - they have now filed in Circuit Court seeking a Declaratory Judgment that would allow them to terminate the contract - the suit will be vigorously defended. c.City Manager Interim City Manager Irby - Appreciates the opportunity, it has been a very fast 2 weeks. It's going to be a good ride and he appreciates it. Interim City Manger Dewees - Councilman Conroy asked for an update on the Impact Fee Study - hopefully within the next 2 to 3 weeks we will have something to present to Council perhaps even at the April 1st meeting. Councilwoman O'Keefe wanted to know when Whistle Stop Park might be opening - tentatively the end of April. Interim City Manager Brenda Dewees also thanked the Council for the confidence they showed in her and the opportunity they gave her for appointing her Interim City Manager. Also updated Councilwoman Power on antennas on towers and possibility of other providers. Council also thanked Brenda Dewees for stepping up! 12. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive: requested a Utilities Workshop. 13. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:28 p.m. Minutes submitted by: Kelsey Arcieri, Assistant to the City Clerk ATTEST: APPROVED: Robin Matusick, City Clerk/Paralegal Mike Thomas, Mayor Page 6City of Edgewater Printed on 6/19/2019 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4201,Version:1 COUNCIL AGENDA ITEM SUBJECT: Recommendation for award of contract to Redevelopment Management Associates for Professional Real Estate Broker Services for the City of Edgewater. DEPARTMENT: Finance SUMMARY: The City of Edgewater issued a Request for Qualifications (RFQ 19-GS-005)on April 23,2019 with the sole purpose and intent of obtaining Qualifications from interested companies to render Professional Real Estate Broker Services for the City of Edgewater. Three submittals were received and all were deemed to be responsible/responsive responder.On May 29,2019, the Evaluation Committee met and discussed the submittals based on the criteria listed in the RFQ document. The Committee ranked the proposals as follows (Master Grading Sheet attached): Firm Ranking Redevelopment Management Associates #1 The Triece Company #2 Higgenbotham Auctioneers Int., LTD #3 The Committee discussed the possibility of asking the firms to come in for presentations,however based upon further review of the RPQ language,which states:“In general,the City wishes to avoid the expense to the City and to proposers of unnecessary oral interviews.Therefore,the City will make every reasonable effort to achieve the ranking using written submittals alone.If no single top-ranked firm can be clearly identified by review of the written submittals alone,then the evaluator(s)will request the Purchasing Agent to schedule the top ranked firm(s)for oral presentations/interviews.”,the Committee concluded unanimously that there was a clear single top-ranked firm identified by review of the written submittals alone and therefore declined requesting presentations. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: City of Edgewater Printed on 6/19/2019Page 1 of 2 powered by Legistar™ File #:AR-2019-4201,Version:1 Motion to award and authorize the City Manager to execute a contract to Redevelopment Management Associates for Professional Real Estate Broker Services for the City of Edgewater. City of Edgewater Printed on 6/19/2019Page 2 of 2 powered by Legistar™ Ability of proposer to meet or exceed the requirements defined in this RFQ Experience, Qualifications and References Knowledge of local real estate market Location Completeness of response to RFQ Fee Schedule TOTAL Rank Order Company Name 60 points available 60 points available 45 points available 45 points available 15 points available 75 points available 100 total points Higgenbotham Auctioneers INT, LTD Inc.30 25 16 24 15 34 144 3 Redevelopment Management Assoicates 53 53 41 31 15 55 248 1 The Triece Company 48 45 43 29 15 41 221 2 Master Grading Sheet 5/29/2019 10:00 RFQ 19-GS-005 - Professional Real Estate Broker Services 54 | TAB VIII | REQUIRED FORMS 55 | TAB VIII | REQUIRED FORMS 56 | TAB VIII | REQUIRED FORMS City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4237,Version:1 COUNCIL AGENDA ITEM SUBJECT: Monti Presby,requesting City Council waive the Special Activity Permit fee for a basketball clinic,Execute to Impact, on August 10, 2019. DEPARTMENT: Development Services SUMMARY: Execute to Impact hosts basketball tournaments,camps and leagues throughout Florida and Texas.A free basketball clinic for boys and girls of all skill level is being held at Whistle Stop Park on August 10,2019 from 8:00 am to 11:00 am. A Special Activity Permit is required for the use of the park. The applicant is requesting that City Council waive the Special Activity Permit fee of $100 for the event.No City services are being requested by the applicant. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to waive the $100 Special Activity Permit fee for the Execute to Impact basketball clinic on August 10, 2019. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ C tj �MPAGR March 21, 2019 City of Edgewater Attn: Samantha Bergeron 104 North Riverside Dr. Edgewater, FL 32132 Dear Supporter, First and foremost, thank you for taking the time in reading our letter to you. We are very excited to share an idea we have for our community and we hope you will find it as inspiring as we do. Execute To Impact, is a company located in Volusia County, founded by a New Smyrna Beach High School graduate, that focuses on promoting integrity and good sportsmanship through educational and recreational programs that positively enrich young lives. Currently, we are reaching high school students through an annual shootout during the winter holiday with a 4 -day event. During the summer, we are hosting various developmental skills clinics for ages 6 to 14. But we feel like we could do more for our community locally. Our idea is to "give back" to the community by hosting a "Pass It Forward" event. This event would consist of hosting a developmental skills clinic, one day, at a local park for all ages and skills levels, boys and girls, at no cost. We are hoping with the support of the community and local grocers, that we also could host a meal for the participants during the clinic. The intention of this letter is to ask for your support in donating a park location with basketball court(s) for us to hold our event. Being able to host this event would mean that we could promote integrity and good sportsmanship to more kids in the community and provide them an opportunity to develop skills on and off the court. Again, we greatly appreciate your time in considering this event for our community. You can send a response to Monti Presby, Secretary, Execute to Impact, 510 Finch Drive, Edgewater, FL 32141 or via email at presby22@gmail.com. Sincerely, Spencer R. Lee Owner, Execute to Impact www.executetoimpact.com City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-12,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-12 -Alfred and Luana Schmitz requesting annexation of property located at 120 Godfrey Road. OWNER:Alfred and Luana Schmitz REQUESTED ACTION: Annexation LOCATION: 120 Godfrey Road AREA:.41± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT:Volusia County R-4 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Low Density Residential with Conservation Overlay R-1 (Single Family Residential) East Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) South Canal, Vacant, Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) West Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) Background:The subject property contains a 3,228 square-foot single family residence constructed in 1993.The property owners are requesting annexation of the property; there are no proposed changes to the development at this time. The subject property is contiguous to the existing City Limits and also falls within the annexation boundaries of the Interlocal Boundary Area with Volusia County as established in 2015. At their regular meeting of May 8, 2019, the Planning and Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on June 3, 2019. Land Use Compatibility:The subject property is located in an established residential neighborhood and is consistent the City of Edgewater Printed on 6/19/2019Page 1 of 2 powered by Legistar™ File #:2019-O-12,Version:2 Land Use Compatibility:The subject property is located in an established residential neighborhood and is consistent the development. Adequate Public Facilities: The property has access via Godfrey Road; City water is available at this time. Comprehensive Plan Consistency:The annexation of the subject property is consistent with Policy 1.8.2 of the Future Land Use Element by reducing land use conflicts and annexing enclaves. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-12. City of Edgewater Printed on 6/19/2019Page 2 of 2 powered by Legistar™ Struck through passages are deleted Underlined passages are added 2019-O-12 1 ORDINANCE NO. 2019-O-12 AN ORDINANCE ANNEXING .40± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 120 GODFREY ROAD (PARCEL IDENTIFICATION NUMBER 8413-03-00-03-20), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Alfred and Luana Schmitz, owners, have applied for annexation of property located at 120 Godfrey Road within Volusia County, Florida. Subject property contains approximately .40± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City’s boundaries and located within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on May 8, 2019, the Board recommended that the property be annexed into the City of Edgewater. Struck through passages are deleted Underlined passages are added 2019-O-12 2 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. Struck through passages are deleted Underlined passages are added 2019-O-12 3 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Conroy, the vote on the first reading of this ordinance held on June 3, 2019, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberley Yaney X Councilwoman Megan O’Keefe X Councilman Gary T. Conroy X Struck through passages are deleted Underlined passages are added 2019-O-12 4 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on July 1, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 1st day of July, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By: ___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 1st day of July, 2019 under Agenda Item No. 8_____. Struck through passages are deleted Underlined passages are added 2019-O-12 5 EXHIBIT “A’ LEGAL DESCRIPTION Lots 32 and 33, Re-Subdivision of Waterway Park Sec 1, according to the Plat thereof as recorded in Plat Book 19, Page 269, of the Public Records of Volusia County, Florida. Containing .40± acres more or less and being in Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2019-O-12 6 EXHIBIT “B” Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Subject Property Date: 4/8/2019 Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Date: 4/8/2019 Subject Property LL U (0 W O a a wzLL z¢0ow LU 2 W J J 0 ul0 co��P W U � Z = LLJ WLL- r wW w Q z LL�J O �w¢�� z�oCqz ELaa..ai a_ CL Ir vj) x W O U U Z Q Z a_ O a F- 'If W p p W a p l �0 LLI ir -i00 LL a - LL a=� LU W z Z � O Q CL � � W lL W ~ 00 0-12 000QO U U 0 U Q O cr W W a' z wz wz � �zYY ES z z ., 0=w JJ 7 UUP--�Z ZQQ k Q U U U U J v -i QUUUU H 1 1 -(D C7 cj O z H W W C14U)1 ti W 0 U z D 0 rU V IW a U M. m 0 CF)�/] nm, LY Q LL! 0 ui LL • w 00 C7 p Z LL o w w d o 0C/)Z CL. W W w C1) 00 o w in ¢ ¢ o v ti ✓' �Lf r 6,7<'—'2V _ - c✓ Q �� J�. - N �f I cV cn O N x W n w v UU N ' L� cr- ui ui W131, CY) pOC4 z a zQoa o /Vl CL r \� vJ 9 {� R9 LLLJ CD p z z= W OOwO U) F- �� LU � cD Dwztx- --r �LOn .S r' = O �oLL % tv � w'„4• w rpt wui o CD �o 00 QU !'' I \ C:) O 0 GO QO CO ui q QO 'S wm W tf3 LL Lu v 6,2 a o z Zz Q Y OZ Q �1 0 U C/) LLC 1 ~ azo z LD w 3 00m m C Uj�FQx- U) - LL1 Q v m u0i I OMp? Lu 50; C, M ~ r�'� _ �� O Q w mw 0 } O t- a 0 OV;w Q `moi v z N CD MCV 0I --LL's Cf Ooo� Cly LUTT ffV F— w LL' Z 5. Q H o �JinZ� a</� GL. U) <- N C) LL U (0 W O a a wzLL z¢0ow LU 2 W J J 0 ul0 co��P W U � Z = LLJ WLL- r wW w Q z LL�J O �w¢�� z�oCqz ELaa..ai a_ CL Ir vj) x W O U U Z Q Z a_ O a F- 'If W p p W a p l �0 LLI ir -i00 LL a - LL a=� LU W z Z � O Q CL � � W lL W ~ 00 0-12 000QO U U 0 U Q O cr W W a' z wz wz � �zYY ES z z ., 0=w JJ 7 UUP--�Z ZQQ k Q U U U U J v -i QUUUU H 1 1 -(D C7 cj O z H W W C14U)1 ti W 0 U z D 0 rU V IW a U M. m 0 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-13,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-13 -Alfred and Luana Schmitz requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 120 Godfrey Road. OWNER:Alfred and Luana Schmitz REQUESTED ACTION:Amendment to the Comprehensive Plan Future Land Use Map to include property as Medium Density Residential. LOCATION: 120 Godfrey Road AREA:.41± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT:Volusia County R-4 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Low Density Residential with Conservation Overlay R-1 (Single Family Residential) East Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) South Canal, Vacant, Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) West Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) Background:The subject property contains a 3,228 square-foot single family residence constructed in 1993.Pursuant to Section 21- 97 of the Land Development Code,amendments to the Future Land Use and Zoning Maps are required upon annexation of property, and shall be processed simultaneously with the annexation. At their regular meeting of May 8, 2019, the Planning and Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on June 3, 2019. Land Use Compatibility:The subject property is located in an established residential neighborhood and is consistent the City of Edgewater Printed on 6/19/2019Page 1 of 2 powered by Legistar™ File #:2019-O-13,Version:2 Land Use Compatibility:The subject property is located in an established residential neighborhood and is consistent the development. Adequate Public Facilities: The property has access via Godfrey Road; City water is available at this time. Comprehensive Plan Consistency: Volusia County Urban Medium Intensity (UMI)-Areas that contain residential development at a range of greater than four (4)to eight (8)dwelling units per acre.The types of housing typically found in areas designated urban medium intensity include single family homes, townhouses and low-rise apartments. City of Edgewater Medium Density Residential (4.1 to 8 units per acre)-This urban scale Medium Density Residential category includes duplex,villa,cluster,townhouse,mobile home,manufactured and multi-family housing at densities between four (4)and eight (8) units per acre. The City Future Land Use designation is consistent with the existing Volusia County designation in density and type of development permitted.The subject property is developed with no proposed changes to use;there will be no increase in density or impact from the proposed amendment. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-12. City of Edgewater Printed on 6/19/2019Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2019-O-13 ORDINANCE NO. 2019-O-13 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL F OR .40± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 120 GODFREY ROAD EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Alfred and Luana Schmitz, property owners, have applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at 120 Godfrey Road within Volusia County, Florida as Medium Density Residential. Subject property contains approximately .40± acres. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat. (2016), on Wednesday, May 8, 2019, and by a vote of 6-0, recommended that the City Council approve the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Strike through passages are deleted. 2 Underlined passages are added. 2019-O-13 PART A. AMENDMENT. Ordinance No. 81-O-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended to include property described in Exhibits “A” and “B” on the Future Land Use Map as Medium Density Residential (.40± acres). PART B. PUBLIC HEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on July 1, 2019, at 6:30 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to comply with 163.3184, Fla. Stat. (2016). PART C. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has Strike through passages are deleted. 3 Underlined passages are added. 2019-O-13 become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, with property, or circumstance. PART F ADOPTION. After Motion to approve by Councilwoman O’Keefe, with Second by Councilman Conroy, the vote on the first reading of this ordinance held on June 3, 2019, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberley Yaney X Councilwoman Megan O’Keefe X Councilman Gary T. Conroy X Strike through passages are deleted. 4 Underlined passages are added. 2019-O-13 After Motion to approve by , Second by, the vote on the second reading/public hearing of this ordinance held on July 1, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 1st day of July, 2019. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 1st day of July, 2019 under Agenda Item No. 8 . Strike through passages are deleted. 5 Underlined passages are added. 2019-O-13 EXHIBIT “A” LEGAL DESCRIPTION Lots 32 and 33, Re-Subdivision of Waterway Park Sec 1, according to the Plat thereof as recorded in Plat Book 19, Page 269, of the Public Records of Volusia County, Florida. Containing .40± acres more or less and being in Volusia County, Florida Strike through passages are deleted. 6 Underlined passages are added. 2019-O-13 EXHIBIT “B” Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Subject Property Date: 4/8/2019 Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Date: 4/8/2019 Subject Property Omni Dr HollowOak TrPi n e B r o o k D r Poinciana R d Hibiscus R d Admi r a l t y C tSa fe Ha rbo r D r Flamingo R d Azalea Rd Packwood R d Can a l Rd Godfrey R d SRi d g e wo o d Av e This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8413-03-00-0320 Proposed City: Medium Density Residential S R i d g ew o o d A v e Godfrey R d Can a l Rd Azalea Rd Pac k w o o d R d Flamingo R d Hibiscus R d Admi r a l t y C tSaf e H a rbo r D r Poinciana R dPi n e B r o o k D r . . Date: 4/8/2019 Date: 4/8/2019 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8413-03-00-0320 Current County Future Land Use:Urban Medium Intensity County of VolusiaFuture Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR FORESTRY RESOURCE GATEWAY GREENKEY INDUSTRIAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCORPORATED City of EdgewaterFuture Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High Density Residential Medium Density Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-14,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2019-O-14 -Alfred and Luana Schmitz requesting an amendment to the Official Zoning Map to include property located at 120 Godfrey Road. OWNER:Alfred and Luana Schmitz REQUESTED ACTION:Amendment to the Official Zoning Map to include property as R-3 (Single Family Residential). LOCATION: 120 Godfrey Road AREA:.41± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT:Volusia County R-4 (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Low Density Residential with Conservation Overlay R-1 (Single Family Residential) East Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) South Canal, Vacant, Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) West Single Family Residence Volusia County Urban Medium Intensity Volusia County R-4 (Urban Single Family Residential) Background:The subject property contains a 3,228 square-foot single family residence constructed in 1993.There are not proposed changes to the property. Pursuant to Section 21-97 of the Land Development Code, amendments to the Future Land Use and Zoning Maps are required upon annexation of property, and shall be processed simultaneously with the annexation. Adjacent property owners were notified of the request on April 26, 2019; staff has not received any objections. City of Edgewater Printed on 6/19/2019Page 1 of 2 powered by Legistar™ File #:2019-O-14,Version:2 At their regular meeting of May 8, 2019, the Planning and Zoning Board voted to send a favorable recommendation to City Council. City Council approved the request at first reading on June 3, 2019. Land Use Compatibility:The subject property is located in an established residential neighborhood and is consistent the development. Adequate Public Facilities: The property has access via Godfrey Road; City water is available at this time. Comprehensive Plan Consistency: Per Section 21-31,Table III-1 of the Land Development Code,R-3 (Single Family Residential)zoning district is compatible with the proposed Medium Density Residential Future Land Use Designation. The proposed R-3 zoning district is the most compatible with the County R-4 (Urban Single Family Residential) zoning district. RECOMMENDED ACTION Motion to approve Ordinance No. 2019-O-14. City of Edgewater Printed on 6/19/2019Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2019-O-13 ORDINANCE NO. 2019-O-14 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-4 (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .40± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 120 GODFREY ROAD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Alfred and Luana Schmitz are the owners of property located at 120 Godfrey Road within Volusia County, Florida. Subject property contains approximately .40± acres. 2. The owners have submitted an application for a change in zoning classification from County R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential) for the property described herein. 3. On May 8, 2019, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on Strike through passages are deleted. 2 Underlined passages are added. 2019-O-13 the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification is hereby changed from County R-4 (Urban Single Family Residential) to City R -3 (Single Family Residential), for the property described in Exhibits “A” & B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Strike through passages are deleted. 3 Underlined passages are added. 2019-O-13 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilwoman O’Keefe, the vote on the first reading of this ordinance held on June 3, 2019, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberley Yaney X Councilwoman Megan O’Keefe X Councilman Gary T. Conroy X Strike through passages are deleted. 4 Underlined passages are added. 2019-O-13 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on July 1, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 1st day of July, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 1st day of July, 2019, under Agenda Item No. 8_____. Strike through passages are deleted. 5 Underlined passages are added. 2019-O-13 EXHIBIT “A” LEGAL DESCRIPTION Lots 32 and 33, Re-Subdivision of Waterway Park Sec 1, according to the Plat thereof as recorded in Plat Book 19, Page 269, of the Public Records of Volusia County, Florida. Containing .40± acres more or less and being in Volusia County, Florida Strike through passages are deleted. 6 Underlined passages are added. 2019-O-14 EXHIBIT “B” Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Subject Property Date: 4/8/2019 Hibiscus R dCan a l Rd Flamingo R d Azalea Rd Godfrey R d SRi d g e wo o d Av e . Date: 4/8/2019 Subject Property Safe Harbor Dr Roc k O ak T rHollowOakTr Pi n e B r o o k D rAdmi r a l t y C t Poinciana R d Hibiscus R d Flamingo R d Azalea Rd Can a l Rd Packwood Rd Godfrey R d SRi d g e wo o d Av e This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8413-03-00-0320 Proposed City Zoning:R-3 - SF Residential Safe Harbor Dr Roc k O ak T rHollowOakTr Pi n e B r o o k D rAdmi r a l t y C t Poinciana R d Hibiscus R d Flamingo R d Azalea Rd Can a l Rd Packwood Rd Godfrey R d SRi d g e wo o d Av e .. Date: 4/8/2019 Date: 4/8/2019 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8413-03-00-0320 Current County Zoning:R-4 - Urban Single-Family Residential . ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning County Zoning A-1 A-2 A-3 A-4 B-2 B-4 B-5 BPUD C CW FR I-1 I-4 MH-1 MH-2 MH-3 MH-4 MH-5 MH-6 MH-8 MPUD PW R-3 R-4 R-6 RA RC RCW RPUD RR City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-33,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2018-O-33 -Richard Kowalski,requesting an amendment to the Official Zoning Map to include 1.26±acres of land located at 2001 South Riverside Drive as BPUD (Business Planned Unit Development) and approval of the associated BPUD and Right-of-Way Use Agreements. OWNER: Aski Development, LLC REQUESTED ACTION:Amend the Official Zoning Map to include property as BPUD (Business Planned Unit Development) and approval of the associated BPUD and Right-of-Way Use Agreements. LOCATION:2001 South Riverside Drive AREA:1.26± acres (.8 acres upland) PROPOSED USE: Restaurant and marina CURRENT LAND USE: Vacant FLUM DESIGNATION: Commercial ZONING DISTRICT:B-4 (Tourist Commercial) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single family and multi-family residential Low Density Residential B-4 (Tourist Commercial) East Indian River NA NA South Multi-family residential Commercial B-4 (Tourist Commercial) West Single family and multi-family residential Low Density Residential and Medium Density Residential R-3 (Single Family Residential) and R-4 (Multi-Family Residential) Background:The subject property was previously developed as a marina with associated retail and contained three (3)buildings, dating back to 1941.All buildings and associated improvements on the property were demolished in 2016;the property has since remained vacant with the exception of a seawall constructed in 2017. The applicant is proposing to develop the property with a 4,000 square-foot restaurant;a 995 square-foot bait and tackle shop and a 995 square-foot retail shop. The proposed BPUD Agreement addresses: ·Setbacks ·Number and size of parking spaces ·Landscaping City of Edgewater Printed on 6/21/2019Page 1 of 2 powered by Legistar™ File #:2018-O-33,Version:2 ·Driveway locations ·Use of Boston Road (unopened right-of-way, east of Riverside Dr.) ·Access for adjacent properties to the north ·A marina is anticipated to be constructed in the same or similar footprint as the marina that previously existed on the site;separate permits and/or approvals associated with the marina will need to be obtained prior to construction of the marina. The developer met with the property owner to the north on several occasions to discuss and attempt to address their concerns regarding the proposed development and access to their property.The plans were revised multiple times to include the neighboring property owner’s requests.Two access points with parking and screening were added however,a request to relocate the dumpster/enclosure was not included as the constraints of the property limited its relocation.The proposed dumpster location is approximately 60-feet from the residence and will be screened from view.The Land Development Code requires dumpsters to be maintained in an orderly fashion and to be emptied on a regular basis.Should those requirements not be met and the dumpster becomes a nuisance City Code Enforcement Officers are authorized to take appropriate action.Correspondence from said property owner is attached to this request as was included in the Planning and Zoning Board agenda packet. Prior to the issuance of a Development Order and associated Building Permit(s)approval of a Site Plan meeting the requirements set forth in the BPUD Agreement and Land Development Code is required,including the submittal of any required Local,State and/or Federal Permits.Stormwater improvements for the development will include additional measures to assist in drainage from Boston Road. The marina portion of the project shall be reviewed and permitted separately from the restaurant and retail development and shall be required to meet all Local, State and /or Federal requirements, including the Volusia County Manatee Protection Plan. Adjacent property owners were notified of the request on April 26, 2019. At their regular meeting of May 8,2019,the Planning and Zoning Board voted 4-2 to send a favorable recommendation to City Council. City Council approved the request at first reading on June 3, 2019. Land Use Compatibility:The subject property was previously developed as a marina with associated retail.The existing zoning designation,B-4 (Tourist Commercial),permits marinas with restaurants and retail permitted as accessory uses.The proposed development will provide adequate buffers to the adjacent residential properties.Development standards not specified in the BPUD Agreement will be regulated by the Land Development Code. Adequate Public Facilities: The site has access via Riverside Drive; City water and sewer are available. Comprehensive Plan Consistency:Policy 1.4.3 of the Future Land Use Element states:“Reducing Limitations on Infill and Redevelopment.If necessary,the City may reduce limitations on infill and redevelopment activities consistent with the land uses and densities indicated in this Plan in situations that will not jeopardize public health, safety or welfare.” The proposed BPUD zoning designation is compatible with the Commercial Future Land Use designation per Section 21-31,Table III -1 of the Land Development Code. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-33 and the associated BPUD and Right-of-Way Use Agreements. City of Edgewater Printed on 6/21/2019Page 2 of 2 powered by Legistar™ Struck though passages are deleted. 1 1 Underlined passages are added 2018-O-33 ORDINANCE NO. 2018-O-33 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM B-4 (TOURIST COMMERCIAL) TO BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) FOR 1.26± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2001 SOUTH RIVERSIDE DRIVE, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following findings of fact and determinations: 1. Richard Kowalski is the applicant on behalf of ASKI Development, LLC, is the owner of property located at 2001 South Riverside Drive within Volusia County, Florida. Subject property contains approximately 1.26± acres. 2. The applicant has submitted an application for a change in zoning classification from B-4 (Tourist Commercial) to BPUD (Business Planned Unit Development) for the property described herein. 3. On May 8, 2019, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements relevant goals, objectives and policies of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern and is compatible with existing and proposed uses in the adjacent area. 6. The proposed change in zoning classification will not adversely impact public facilities and meets the Concurrency Management System requirements in Article XI of the Land Development Code. Struck though passages are deleted. 2 2 Underlined passages are added 2018-O-33 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the property described in Exhibit “A” is hereby changed from B-4 (Tourist Commercial) to BPUD (Business Planned Unit Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto incorporated as Exhibit “B”). PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The GIS Technician is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or Struck though passages are deleted. 3 3 Underlined passages are added 2018-O-33 circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. Councilwoman Yaney made a Motion to table this Ordinance until the next meeting, the Motion DIED for lack of second. After Motion to approve by Councilwoman Power, with Second by Councilwoman O’Keefe, the vote on the first reading of this ordinance held on June 3, 2019, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberley Yaney X Councilwoman Megan O’Keefe X Councilman Gary T. Conroy X Struck though passages are deleted. 4 4 Underlined passages are added 2018-O-33 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on July 1, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 1st day of July, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 1st day of July, 2019 under Agenda Item No. 8_____. Struck though passages are deleted. 5 5 Underlined passages are added 2018-O-33 EXHIBIT “A” LEGAL DESCRIPTION Lot 1, Block 4, Riveredge Acres, according to the map or plat thereof, as recorded in Map Book 9, Page 260, of the Public Records of Volusia County, Florida. Containing 1.26± acres more or less and being in Volusia County, Florida Struck though passages are deleted. 6 6 Underlined passages are added 2018-O-33 EXHIBIT “B” BPUD AGREEMENT BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) AGREEMENT EDGEWATER MARINA THIS AGREEMENT is made and entered into this ____ day of , 2019 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as “City”) and ASKI DEVELOPMENT, LLC., a Florida Corporation, with Richard Kowalski as the Manager whose address is 524 Greeley Street, Orlando, FL 32804, (hereinafter referred to as “Developer”). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 1.26± acres located at 2001 South Riverside Drive, Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit “A” – Legal Description. The record owner of the subject property is Aski Development, LLC and the City of Edgewater. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. Development must be consistent with the Master Plan dated April 18, 2018, revised March 20, 2019 hereto as Exhibit "B" - Conceptual Plan. Developer must receive site plan approval from the City prior to commencing construction. Developer's failure to initiate construction before February 1, 2020, may result in the city's termination of the Agreement. Developer may Struck though passages are deleted. 7 7 Underlined passages are added 2018-O-33 request an extension of the Agreement for an additional 12-months for extraordinary circumstances as determined by the City. The Agreement may be extended by mutual consent of the governing body and the Developer, subject to a public hearing. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on- site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater’s current Land Development Code (LDC). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. a. Restaurant/Tackle Shop/Rental Office Minimum Yard Size and Setbacks Minimum Landscape Buffer Front (Riverside Dr.): 40-feet Front (Riverside Dr) 10-feet Rear: 10-feet Side (North) 25-feet in Boston to include a minimum 4- foot opaque fence Side (South): 10-feet Boston Road R/W (North) 0-feet Side (South) 10-feet Maximum Building 30% Coverage Struck though passages are deleted. 8 8 Underlined passages are added 2018-O-33 Maximum Impervious 70% Coverage Maximum Height 30-feet b. Parking 1. Fifty-Six (56) parking spaces will be permitted with a minimum size of 20-feet by 9-feet. A minimum of three (3) handicap parking spaces meeting ADA requirements will be required. The location and number of parking spaces in a row shall be permitted per Exhibit “B" Master Plan. 2. Four (4) parking spaces will be permitted with a minimum size of 20-feet by 10- feet at the NE corner of Boston Road right-of-way for the exclusive use of the residents to the North East as shown on Exhibit B Master Plan. c. Use of Boston Road Boston Road right-of-way to be improved and paved, as shown on Exhibit “B” Master Plan, by Developer. The City and Developer shall enter into a Non-Exclusive Right-of Way Agreement for access, drainage, parking, and utilities, which will provide perpetual access and parking to the residences to the North, prior to the issuance of a Development Order. d. Stormwater Management The retention pond(s) and perforated pipe with rock exfiltration shall meet the requirements for the Florida Department of Environmental Protection and the City of Edgewater LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. e. Signage Any signage shall meet the current LDC. f. Trees Struck though passages are deleted. 9 9 Underlined passages are added 2018-O-33 The Developer shall meet the minimum landscaping requirements and tree protection standards as set forth in the current LDC. g. Entrance to Project Two (2) entrances, per master plan, Exhibit B, shall be permitted for accessing the development from Riverside Drive. h. Construction of Marina It is anticipated that the marina will be constructed in the same or similar footprint as the marina that previously existed on the site and permits and/or approvals associated with the marina will need to be obtained prior to construction of the marina. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Aski Development, LLC is Commercial. The zoning designation is BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD (Business Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES a. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. b. Developer agrees to connect to and utilize the City's wastewater transmission and Struck though passages are deleted. 10 10 Underlined passages are added 2018-O-33 collection system. All wastewater collection and transmission system improvements will be installed by the Developer and all wastewater collection and transmission system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. c. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall convert and connect all irrigation system piping to reclaimed water within one-hundred-eighty (180) days of written notification by the City to the Developer of the availability and cost, but Developer shall only be required to convert and connect such systems if the connection point is immediately adjoining the Developer's property. d. All utility services will be underground. e. Impact fees will be paid in accordance with the following schedule: i. Water, Sewer, Police, Fire, Parks and Recreation, Road and Transportation impact fees and Utility Connection Fees, to be paid by applicant at the time the Building Permit is issued by the City, thereby reserving requisite water and sewer capacity. A minimum water and sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Capacity reservation shall not be guaranteed if not utilized within thirty-six (36) months of the date fees paid. ii. Volusia County Road (if deemed applicable by Volusia County) – Paid to County by applicant with proof of payment provided to the City prior to a Building Certificate of Occupancy. Struck though passages are deleted. 11 11 Underlined passages are added 2018-O-33 The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. f. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. g. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. h. Developer, at the time of development shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed service. 5. All required pavement marking and signage (stop signs, road signs, etc.) within the Development. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. Struck though passages are deleted. 12 12 Underlined passages are added 2018-O-33 7. DEDICATION OF EASEMENTS The developer to provide access, drainage, and utility easements as required by the City. 8. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not limited to the following: 1. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater – Site Plan, all applicable clearing, removal, construction and building permits. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspections related to Aski Development, LLC development approval and the construction of required infrastructure improvements, including recording fees. Struck though passages are deleted. 13 13 Underlined passages are added 2018-O-33 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision being communicated to such person. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney and render a decision of the appeal within 30-days of receipt of the written notice or appeal. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall he developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. The property owner will be responsible for maintaining the property in accordance with the approved BPUD Agreement and site plan. Any changes to the site design shall require approval by the TRC and/or City Council. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor Struck though passages are deleted. 14 14 Underlined passages are added 2018-O-33 in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 months, commencing 12 months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. Struck though passages are deleted. 15 15 Underlined passages are added 2018-O-33 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS’ FEES In the event that either party finds it necessary to commence an acti on against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS Struck though passages are deleted. 16 16 Underlined passages are added 2018-O-33 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. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Robin L. Matusick, City Clerk/Paralegal CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Struck though passages are deleted. 17 17 Underlined passages are added 2018-O-33 Witnessed By: DEVELOPER ASKI DEVELOPMENT, LLC A Florida Corporation By: Richard Kowalski, Manager STATE OF FLORIDA COUNTY OF ____________ The foregoing instrument was acknowledged before me this _____ day of _________, 2019, by ______________________________________________, who is personally known to me or has produced identification and who did (did not) take an oath. Stamp/Seal Notary Public Struck though passages are deleted. 18 18 Underlined passages are added 2018-O-33 EXHIBIT "A” LEGAL DESCRIPTION Lot 1, Block 4, Riveredge Acres, according to the map or plat thereof, as recorded in Map Book 9, Page 260, of the Public Records of Volusia County, Florida. Struck though passages are deleted. 19 19 Underlined passages are added 2018-O-33 EXHIBIT "B” MASTER PLAN Riverside TerPelican PlLincoln RdE Indian River Blvd Boston RdSRi v e r s i d e D r S R i d g e w o o d A v e . Su bject Property Date: 8/24/2018 . Date: 8/24/2018 Su bject Property TuscanyVillas DrRiverside TerPelican PlLincoln RdParkwood Ln EdgewaterT e rr a c e DrVirg in ia St Boston RdHarrisCirMar in ers Gate CtMarinersGateDrE In dian River Blvd S Ri v e r s i d e D r S R i d g e wo o d A v e This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8402-37-04-0010 Proposed City Zoning:BPUD - Business Planned Unit Development TuscanyVillas DrRiverside TerPelican PlLincoln RdParkwood Ln EdgewaterT e rr a c e DrVirg in ia St Boston RdHarrisCirMariners Gate CtMarinersGateDrE In dian River Blvd S Ri v e r s i d e D r S R i d g e wo o d A v e .. Date: 8/24/2018 Date : 8/24/2018 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcel: 8402-37-04-0010 Current City Zoning:B-4 - Tourist Commercial . ZON ING Agriculture RT - Rural Transitional R1 - Single Family Residential R2 - Single Family Residential R3 - Single Family Residential R4 - Multi Family Residential R5 - Multi Family Residential RPUD-Residential Planned Unit Development RP - Residential Professional MH1 - Mobile Home Park MH2 - Manufactured Home B2 - Neighborhood Business B3 - Higway Commercial B4 - Tourist Commercial BPUD - Business Planned Unit Development I1 - Light Industrial I2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public C - Conservation MPUD - Mixed Use Planned Unit Development SCD/PUD-Sustainable Community Development Planned Unit Development Retains County Zoning ZON ING Agriculture RT - Rural Transitional R1 - Single Family Residential R2 - Single Family Residential R3 - Single Family Residential R4 - Multi Family Residential R5 - Multi Family Residential RPUD-Residential Planned Unit Development RP - Residential Professional MH1 - Mobile Home Park MH2 - Manufactured Home B2 - Neighborhood Business B3 - Higway Commercial B4 - Tourist Commercial BPUD - Business Planned Unit Development I1 - Light Industrial I2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public C - Conservation MPUD - Mixed Use Planned Unit Development SCD/PUD-Sustainable Community Development Planned Unit Development Retains County Zoning 2018-O-33 BPUD Agreement 1 Edgewater Marina BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) AGREEMENT EDGEWATER MARINA THIS AGREEMENT is made and entered into this ____ day of , 2019 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as “City”) and ASKI DEVELOPMENT, LLC., a Florida Corporation, with Richard Kowalski as the Manager whose address is 524 Greeley Street, Orlando, FL 32804, (hereinafter referred to as “Developer”). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 1.26± acres located at 2001 South Riverside Drive, Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit “A” – Legal Description. The record owner of the subject property is Aski Development, LLC and the City of Edgewater. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. Development must be consistent with the Master Plan dated April 18, 2018, revised March 20, 2019 hereto as Exhibit "B" - Conceptual Plan. Developer must receive site plan approval from the City prior to commencing construction. Developer's failure to initiate construction before February 1, 2020, may result in the city's termination of the Agreement. Developer may request an extension of the Agreement for an additional 12-months for extraordinary circumstances as determined by the City. The Agreement may be extended by mutual consent of the governing body and the Developer, subject to a public hearing. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a 2018-O-33 BPUD Agreement 2 Edgewater Marina treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater’s current Land Development Code (LDC). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. a. Restaurant/Tackle Shop/Rental Office Minimum Yard Size and Setbacks Minimum Landscape Buffer Front (Riverside Dr.): 40-feet Front (Riverside Dr) 10-feet Rear: 10-feet Side (North) 25-feet in Boston to include a minimum 4 - foot opaque fence Side (South): 10-feet Boston Road R/W (North) 0-feet Side (South) 10-feet Maximum Building 30% Coverage Maximum Impervious 70% Coverage Maximum Height 30-feet b. Parking 1. Fifty-Six (56) parking spaces will be permitted with a minimum size of 20-feet by 9- feet. A minimum of three (3) handicap parking spaces meeting ADA requirements will be required. The location and number of parking spaces in a row shall be permitted per Exhibit “B" Master Plan. 2018-O-33 BPUD Agreement 3 Edgewater Marina 2. Four (4) parking spaces will be permitted with a minimum size of 20-feet by 10- feet at the NE corner of Boston Road right-of-way for the exclusive use of the residents to the North East as shown on Exhibit B Master Plan. c. Use of Boston Road Boston Road right-of-way to be improved and paved, as shown on Exhibit “B” Master Plan, by Developer. The City and Developer shall enter into a Non-Exclusive Right-of Way Agreement for access, drainage, parking, and utilities, which will provide perpetual access and parking to the residences to the North, prior to the issuance of a Development Order. d. Stormwater Management The retention pond(s) and perforated pipe with rock exfiltration shall meet the requirements for the Florida Department of Environmental Protection and the City of Edgewater LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. e. Signage Any signage shall meet the current LDC. f. Trees The Developer shall meet the minimum landscaping requirements and tree protection standards as set forth in the current LDC. g. Entrance to Project Two (2) entrances, per master plan, Exhibit B, shall be permitted for accessing the development from Riverside Drive. h. Construction of Marina It is anticipated that the marina will be constructed in the same or similar footprint as the marina that previously existed on the site and permits and/or approvals associated with the marina will need to be obtained prior to construction of the marina. 2018-O-33 BPUD Agreement 4 Edgewater Marina 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Aski Development, LLC is Commercial. The zoning designation is BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD (Business Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES a. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. b. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and all wastewater collection and transmission system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. c. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall convert and connect all irrigation system piping to reclaimed water within one-hundred-eighty (180) days of written notification by the City to the Developer of the availability and cost, but Developer shall only be required to convert and connect such systems if the connection point is immediately adjoining the Developer's property. d. All utility services will be underground. e. Impact fees will be paid in accordance with the following schedule: i. Water, Sewer, Police, Fire, Parks and Recreation, Road and Transportation impact 2018-O-33 BPUD Agreement 5 Edgewater Marina fees and Utility Connection Fees, to be paid by applicant at the time the Building Permit is issued by the City, thereby reserving requisite water and sewer capacity. A minimum water and sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Capacity reservation shall not be guaranteed if not utilized within thirty-six (36) months of the date fees paid. ii. Volusia County Road (if deemed applicable by Volusia County) – Paid to County by applicant with proof of payment provided to the City prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. f. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. g. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. h. Developer, at the time of development shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed service. 5. All required pavement marking and signage (stop signs, road signs, etc.) within the Development. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. 2018-O-33 BPUD Agreement 6 Edgewater Marina 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF EASEMENTS The developer to provide access, drainage, and utility easements as required by the City. 8. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not limited to the following: 1. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater – Site Plan, all applicable clearing, removal, construction and building permits. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspections related to Aski Development, LLC development approval and the construction of required infrastructure improvements, including recording fees. 2018-O-33 BPUD Agreement 7 Edgewater Marina 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager within fifteen (15) days of the adverse decision being communicated to such person. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney and render a decision of the appeal within 30-days of receipt of the written notice or appeal. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall he developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. The property owner will be responsible for maintaining the property in accordance with the approved BPUD Agreement and site plan. Any changes to the site design shall require approval by the TRC and/or City Council. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 2018-O-33 BPUD Agreement 8 Edgewater Marina 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 months, commencing 12 months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 2018-O-33 BPUD Agreement 9 Edgewater Marina 20. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS’ FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. 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. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. 2018-O-33 BPUD Agreement 10 Edgewater Marina IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Robin L. Matusick, City Clerk/Paralegal CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor 2018-O-33 BPUD Agreement 11 Edgewater Marina Witnessed By: DEVELOPER ASKI DEVELOPMENT, LLC A Florida Corporation By: Richard Kowalski, Manager STATE OF FLORIDA COUNTY OF ____________ The foregoing instrument was acknowledged before me this _____ day of _________, 2019, by ______________________________________________, who is personally known to me or has produced identification and who did (did not) take an oath. Stamp/Seal Notary Public 2018-O-33 BPUD Agreement 12 Edgewater Marina EXHIBIT "A” LEGAL DESCRIPTION Lot 1, Block 4, Riveredge Acres, according to the map or plat thereof, as recorded in Map Book 9, Page 260, of the Public Records of Volusia County, Florida. 2018-O-33 BPUD Agreement 13 Edgewater Marina EXHIBIT "B” MASTER PLAN PAGE 1 OF 8 O2462691.v2 NON-EXCLUSIVE RIGHT OF WAY AGREEMENT This NON-EXCLUSIVE RIGHT OF WAY AGREEMENT (“Agreement”) is made this ___ day of _______, 2019, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation whose address is 104 North Riverside Drive, Edgewater, Florida 32132 (“City”) and ASKI DEVELOPMENT, LLC, a Florida limited liability company, with Richard Kowalski as Manager, whose address is 524 Greeley Street, Orlando, Florida 32804 (“Developer”). RECITALS WHEREAS, Developer is the owner/lessee of approximately 1.26± acres of property (the “Property”) located at 2001 South Riverside Drive, Edgewater, Volusia County, Florida; and WHEREAS, Developer recently received approval of a BPUD rezoning of the Property by the City to permit the construction of a 4,432 square foot restaurant (under roof), a 1,496 square retail area, to include a bait and tackle shop, as well as a rental office and an owner’s office (the “Project”); and WHEREAS, as part of the Project, certain improvements to the public right of way controlled by the City and referred to as Boston Road will be completed by the Developer for the benefit of the public (see Exhibit “A,” attached hereto and incorporated herein by reference, for a description of the Boston Road right of way area which shall be subject to the use described herein); and WHEREAS, the City supports the Project and is willing to permit the uses outlined herein within the Boston Road right of way; and WHEREAS Developer’s use of the Boston Road right of way is in the public interest and will benefit the residents of the City and the general public; and WHEREAS, Developer’s use of the Boston Road right of way is in the public interest and will benefit the public as Developer will pave the unpaved right of way, east of Riverside Drive, which has not been previously improved; and WHEREAS, Developer’s use of the Boston Road right of way is in the public interest and will benefit the public as Developer will construct a portion of the proposed fifty-six (56) parking spaces in the right of way for use by the public; and WHEREAS, Developer’s use of the Boston Road right of way is in the public’s interest and will benefit the public as Developer will construct stormwater improvements, including retention ponds, in the right of way to include addressing off-site stormwater deficiencies for Boston Road; and PAGE 2 OF 8 O2462691.v2 WHEREAS, Developer’s use of the Boston Road right of way is in the public interest and will benefit the public as Developer will maintain all of the improvements it makes to the right of way and relieve the City of that responsibility; and WHEREAS, the Developer’s use will not impair the use and safety of the right of way or interfere with the free flow of traffic on said right of way. NOW THEREFORE, in consideration of the promises and undertakings herein made and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby incorporated by the parties of this Agreement as if fully set forth herein. 2. Obligations and Duties of Developer. Developer intends to construct the Project, which will provide numerous benefits to the City, including but not limited to increasing the non- residential tax base. In connection with its development of the Project, Developer will incorporate the elements outlined below which will benefit the City, its residents and the general public. a. Boston Road Improvements. Developer intends to develop the property which is directly east of the termination of Boston Road. As part of the Project, certain improvements, more specifically described in the Edgewater Marina Master Plan, attached hereto as Exhibit “B,” will be installed within the right of way for Boston Road (the “Boston Road Improvements”). The Boston Road Improvements will be open and accessible to the general public. Emergency vehicles will also be permitted in substantially the manner currently permitted. b. Parking. Developer will construct a total of sixty (60) parking spaces as part of the Project, twenty-one (21) of the parking spaces will be located in the Boston Road right of way. Seventeen (17) of the parking spaces located in the Boston Road right of way will be constructed with a minimum size of 20-feet by 9-feet. A minimum of three (3) handicap parking spaces meeting ADA requirements will be constructed on the Developer’s property, which the Developer agrees to provide for public use. The location and number of parking spaces in a row shall conform to Exhibit “B” Master Plan. Four (4) of the 21 parking spaces to be constructed in the Boston Road right of way, will be constructed with a minimum size of 20-feet by 10-feet at the northeast corner of the Boston Road right-of-way for the exclusive use of the residents to the northeast as shown on Exhibit “B” Master Plan. c. Stormwater Management. Developer will construct the retention ponds in the Boston Road right of way as shown on Exhibit “B” Master Plan. The retention ponds and perforated pipe with rock exfiltration shall meet the requirements for the Florida Department of PAGE 3 OF 8 O2462691.v2 Environmental Protection and the City of Edgewater LDC. Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. d. Change to Improvements. Any change in the design or construction of the Boston Road Improvements shall require prior written approval from the City. Approval from the City shall not be unreasonably withheld. e. Maintenance. Developer, at its sole cost and expense, shall maintain the Boston Road Improvements so as to assure that the structures and the area within the right of way boundaries will be kept in good condition, as to operation, safety and appearance, except for the rolling gates to be installed within the Boston Road right of way and adjacent to the property owned by the residents to the northeast where the four (4) dedicated parking spaces are required to be constructed, which gates are being installed at the Developer’s expense, at the request of property owner to the northeast. These gates, may be, but are not required to be maintained or repaired by the Developer. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the right of way use. In the event that Developer fails to so maintain the Boston Road Improvements, with the exception to the rolling gates as described herein and as denoted on Exhibit B referenced above, the City, through its duly authorized representatives, employees, and contractors, shall provide written notice of the deficiencies in reasonable detail (the “Maintenance Notice”). Developer shall have fourteen (14) business days from receipt of the Maintenance Notice to commence actions to cure the deficiencies set forth in the Maintenance Notice. If Developer does not cure or commence to cure the deficiencies set forth in the Maintenance Notice within fourteen (14) business days from receipt of same, the City may enter the Boston Road right of way to perform such work, and the cost thereof shall be chargeable to Developer and shall be immediately due and payable to the City upon receipt by Developer of an invoice from the City. f. Indemnification. To the extent provided by law, Developer shall indemnify, defend, and hold harmless the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Developer, its officers, agents, or employees, during the performance of the Agreement, except that neither Developer, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the City or any of its officers, agents, or employees during the performance of the Agreement. When the City receives a notice of claim for damages that may have been caused by Developer in the performance of services required under this Agreement, the City will immediately forward the claim to Developer. Developer and the City will evaluate the claim and report their findings to each other within fourteen (14) business days and will jointly discuss options in defending the claim. After reviewing the claim, the City will determine whether to require participation of Developer in the defense of the claim or to require that Developer defend the City in such claim as described in this section. The City’s failure to promptly notify PAGE 4 OF 8 O2462691.v2 Developer of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Developer. The City and Developer will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. g. Insurance. Developer shall, provide and keep in force the following schedule of insurance coverage with an insurance company licensed to do business in Florida. The City shall be named as an additional insured under all of the Commercial General Liability coverage identified below: (i) During construction of the Project – Schedule Limits Workers' Compensation Florida Statutory Coverage Commercial General Liability $2,000,000.00 General Aggregate Premises-Operations $2,000,000.00 Products/CompOps Aggregate $1,000,000.00 Personal/Advertising Injury $1,000,000.00 Per Occurrence Independent Contractors $50,000.00 Damage to Rented Premises $5,000.00 Medical Auto Liability $1,000,000.00 CSL for all autos-owned, hired or no-owned (Symbol 1 coverage) Umbrella Liability $5,000,000.00 Per Occurrence Builder's Risk Estimated Value of the Project (ii) After completion of the Project – Schedule Limits Commercial General Liability $2,000,000.00 General Aggregate Premises-Operations $2,000,000.00 Products/CompOps Aggregate $1,000,000.00 Personal/Advertising Injury PAGE 5 OF 8 O2462691.v2 $1,000,000.00 Per Occurrence Umbrella Liability $3,000,000.00 Per Occurrence Property Policy Value of New Construction 3. Obligations and Duties of the City. The City has reviewed, accepted and approved the Edgewater Marina Master Plan, Exhibit “B,” for all improvements over, under, above, through and upon the Boston Road right of way. The City hereby: a. Boston Road Right of Way Use Permit. Grants a use permit to Developer for the installation and use of the Boston Road right of way improvements set forth in the Edgewater Marina Master Plan, Exhibit “B.” b. Project License. Grants Developer, its parents, subsidiaries, successors, assigns, future owners and/or occupants of the Property, guests, invitees, agents, consultants, employees, independent contractors, and any other person or persons that may reasonably need access to the Property, a non-exclusive perpetual license to enter upon and utilize the Boston Road right of way described in Exhibit “A” for: (i) Ingress and egress; (ii) Construction, operation and maintenance of existing and future improvements associated with the Project set forth in the Edgewater Marina Master Plan, Exhibit “B,” including but not limited to, parking spaces, utilities, stormwater improvements, and stormwater retention; and (iii) Access. Developer shall be responsible for the design, permitting and construction of all improvements over, under, through and upon the Boston Road right of way, and ongoing maintenance and repairs to the improvements of the Boston Road right of way, with the exception of the gates to be installed as described in Paragraph 2.(b) above. Developer shall keep said Boston Road right of way in good condition and repair. The license granted hereby shall run with the land and shall inure to the benefit of, be binding upon, and be enforceable by the City and Developer and their representatives, parents, subsidiaries, successors and assigns, as applicable. 4. Termination of Agreement. It is understood and agreed to by Developer and the City that the authorization provided for herein for the construction of the Boston Road Improvements is intended to be perpetual in nature. It is understood and agreed to by Developer and the City that the City reserves the right to terminate this Agreement only in the event that Developer violates any of the conditions of this Agreement, except for issues associated with the maintenance of the Boston Road Improvements, which shall follow the procedures set forth in Paragraph 2(e) herein PAGE 6 OF 8 O2462691.v2 to address same. Prior to terminating this Agreement, the City, through its duly authorized representatives, employees, and contractors, shall provide written notice of Developer's alleged violation of the conditions of this Agreement in reasonable detail (the "Violation Notice"). Developer shall have twenty one business (21) days from receipt of the Violation Notice to commence actions to cure such deficiencies set forth in the Violation Notice. If Developer does not cure or commence to cure the deficiencies set forth in the Violation Notice within twenty-one (21) business days from receipt of the Violation Notice, the City reserves the right to terminate this Agreement. In the event the Agreement is terminated, Developer shall be prohibited from using the Boston Road right of way until Developer receives appropriate authorization from the City. Notwithstanding the above provisions of this Paragraph 4, the license provided for in Paragraph 3(b) is terminable by the City in the event that the Boston Road Improvements are abandoned by Developer. 5. Governing Law, Binding Effect, Construction and Venue. (a) This Agreement shall be interpreted and governed by Florida Law. (b) Each of the parties hereto warrants and represents that this Agreement is valid, binding and enforceable against them in accordance with the terms and conditions of Florida law. (c) Each of the parties agrees that they have participated in the drafting of this Agreement. Therefore the presumption that any ambiguity or vagueness in the construction of the Agreement shall be construed against the drafter shall not apply. The terms and provisions of this Agreement shall be guided by the express intent of the parties as determined by the overall effect of the Agreement provisions. (d) In the event of litigation regarding the terms of this Agreement or documents executed as a result of this Agreement, venue of the action shall be in Volusia County. Trial shall be non-jury for any issues subject to trial. 6. Remedies and Attorney Fees. The parties hereto shall have all rights and remedies provided hereunder and under Florida Law with respect to the enforcement of this Agreement and hereby acknowledge and agree that each party hereto shall have the right and remedy to bring an action or actions for specific performance and such other equitable or injunctive relief as appropriate or necessary to enforce this Agreement. The parties agree that the venue for any enforcement action shall be the Circuit Court in and for Volusia County. In the event of litigation to enforce the terms of this Agreement, each party shall be responsible for its own attorney’s fees and costs of suit, including any and all attorney’s fees and costs incurred in pursuit of any appeal. 7. Notices. All notices, demands, or other writings required or permitted to be given or made or sent under this Agreement, by any party to another, shall be in writing and shall be deemed to have been fully delivered upon (i) receipt of such notice when hand delivered (by PAGE 7 OF 8 O2462691.v2 personal courier or overnight delivery service) to the party to whom such notice is addressed as set forth below, (ii) receipt of such notice as indicated by the signature and date on the return receipt of a certified mailing, or (iii) on the same day if sent by facsimile and a printed confirmation of transmission is obtained by the sender, and addressed and transmitted to the party to whom such notice is to be delivered as set forth below. CITY: Glenn Irby, City Manager City of Edgewater Post Office Box 100 Edgewater, FL 32132 With a Copy To: Robin Matusick, City Clerk/Paralegal City of Edgewater Post Office Box 100 Edgewater, FL 32132 DEVELOPER: Aski Development, LLC Richard Kowaslki, Manager 524 Greeley Street Orlando, FL 32804 With a Copy To: 8. Amendments. No amendment, modification or other changes in this Agreement shall be binding upon the parties unless in writing executed by all of the parties. 9 Successors and Assigns Bound. The rights and obligations contained in this Agreement shall be binding upon and shall inure to the benefit of the agents, contractors, employees, invitees, guests, and customers of the parties hereto, and the parents, subsidiaries, successors and assigns of the parties hereto. 10. Effective Date. This Agreement shall become effective upon the date it is executed by the last party to it. 11. Counterparts. This Agreement may be executed via counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute duplicates of one and the same instrument. PAGE 8 OF 8 O2462691.v2 12. Headings. The headings above the various provisions herein are for ease of reference and are not to be used in constructing this Agreement or ascertaining the intent of the parties. 13. Recording. This Agreement shall be recorded by the Developer in the Public Records of Volusia County, Florida within five (5) business days of its complete execution by all parties. 14. Sovereign Immunity. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the City beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and the cap on the amount and liability of the City for damages, attorney’s fees and costs, regardless of the number or nature of claims in tort, equity or contract shall not exceed the dollar amount set by the Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the City which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ________________________________ By:_________________________________ Robin L. Matusick, Mike Thomas, City Clerk/Paralegal Mayor Witnessed by: DEVELOPER: ASKI DEVELOPMENT, LLC ________________________________ a Florida corporation ________________________________ By:_________________________________ Richard Kowalski, Manager 3' RETAINING WALL W/4FT VINYL FENCE 20LF 6 FT HIGH VINYL FENCE ROLLING GATE 3' RETAINING WALL W/4FT VINYL FENCE 20LF 6 FT HIGH VINYL FENCE ROLLING GATE (2) 10' X 20' PARKING SPACES 3' RETAINING WALL (/4FT VINYL FENCE G� S O� iL PROPOSED FT HIGH MONUMEN SIGN 48 S.F. CO Y AREA (2) 10' X 20' PARKING SPACES EW SEAWALL PROPOSED 2 STNY BUILDING 1ST FL 5,610 S 2ND FL 318 SF TOTAL 5,928 SF OFF EL. 7.0 EXISTING SEAWALL CAYAK & PADDLE BOARD STORAGE EL EDGEWATER MARINA MASTER PLAN PARKER MYNCHENBERG & ASSOCIATES, INC. CTS 1729 RIDGEWOOD AVEROFESSIONAL NUE RSHOLLY NHHILL. FLORIDASCAPE IT321117 04-18-2018 (388) 877-8891 FAX 385 877-2114 E—MAIL InfoOp lndwnbwg.e CERTMCA AUTHORIZA71ON NUHBER� EXHIBIT "B" REV. 03-15-2019 Y:\Edgewater Marina - 17-52\dwg\1752SP.dwg, 3/20/2019 3:16:58 PM, DWG To PDF.pc3 Google Earth 2018 Goo Da 1 S R' a side r �- r VN I;= Google Earth fj �w 2018 Google- ly 8.54 ft �PROPOSED SOUTH ELEVATION A3 )WATERFRONT FACADE SCALE: 3/16" = I'-0" //�rn nnnr _ 117+ All A1PROPOSED NORTH ELEVATION A3) FRONT FACADE SCALE: 3/16" = I'-0" GENERAL NOTES: ALL GENERAL & SUB -CONTRACTORS TO FIELD VERIFY ALL DIMENSIONS, ELECTRICAL, WATER, SEWER AND GAS SERVICE LOCATIONS. ALL WORK MUST COMPLY WITH THE 2017 SIXTH EDITION (EXPOSURE "C") 00 0 M 0 OF THE FLORIDA BUILDING CODE SECT. 1609/ 140 MPH WIND LOAD S W AND THE FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION oc 0 ALL DOOR & WINDOW OPENINGS TO MEET OR EXCEED DESIGN PRESSURE RANGE W W J W C-4 CC U Q AS SPECIFIED ON SHEET TBL �eno GC J O LL J ~ THE BUILDING RISK CATEGORY IS 11" W Q O W INTERNAL PRESSURE COEFFICIENT IS .18 IN ACCORDANCE WITH ASCE 7-10 E N ALL GLAZING IS TO BE IMPACT RESISTANT OR USE PROTECTIVE HURRICANE SHUTTERS E;C REVISIONS 00 0 00 C71- 00 0 >G 0 0 00 0 M 0 00 M J LL O z Q J oc 0 W W W J W C-4 CC U Q � Q rV �eno GC J O LL J ~ W z � W Q O W J c.� W Q WLIJ L.� E;C Qo W W Q Q Q C W z LIJ z Q �: GC W W_ Q O m O o �C O � cC CD CC z Q V Z � O O W J U Q � J W U z5_7 z W O ck__ r --D 1P, IF DESIGN INCORPORATED ARCHITECTURE, DESIGN, & DRAWING SERVICES # AA 26001108 BRIAN P, PREDLEY, ASSOC, AIA, PROJECT MANAGER DALLAS B. PEACOCK, AIA, ARCHITECT # AR 0009706 207 RRVIEW AVENUE, DAYTONA BEACH, PL 32114 PH; (386) 257-0502 FX; (386) 257-1050 E-MAIL; bfredley@bpfdesign,com WEBSITE; bpfdesign,com RTORDIDATIONS DRAWN BY; TEM CHECKED BY; DBP & BPP DATE; AUGUST 21, 2018 SCALE; 31I CZ 1' 0" 0 1' 4' 10' IT ARCHITECT'S I ENGINEER'S SEAL T.O. ROOF = 34'-3" T.O. ROOF =22'-3" 0 ------------ - - - - -- - -- --- -- --- -- -- --- BEARING HT.7 ROOF DECK= IT-8"--_�7f�-----+--�---- BEARING HT. = 11'-8" RENffALS SA'Lks TOP OF STONE BASE = 3'-0" F.F.E = 0'-0" D o ❑ I I I I I I V-0 ■■_�■■�■■�■■ - _r - - -II- - - 1r - - 11 - - - BAIT & TACKLE SHOP PROPOSED EAST ELEVATION CANAL FACADE SCALE: 3/16" = I'-011 BEARING HT. = 21'-2" - - - - BEARING HT. = 11'-8" (9TOP OF STONE BASE = 3'-0" F.F.E = 0'-0" a� PROPOSED WEST ELEVATION A4) SERVICE FACADE SCALE: 3/16" = I'-0" GENERAL NOTES: ALL GENERAL & SUB -CONTRACTORS TO FIELD VERIFY ALL DIMENSIONS, ELECTRICAL, WATER, SEWER AND GAS SERVICE LOCATIONS. ALL WORK MUST COMPLY WITH THE 2017 SIXTH EDITION (EXPOSURE "C") OF THE FLORIDA BUILDING CODE SECT. 1609/ 140 MPH WIND LOAD AND THE FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION S W ALL DOOR & WINDOW OPENINGS TO MEET OR EXCEED DESIGN PRESSURE RANGE AS SPECIFIED ON SHEET TBL THE BUILDING RISK CATEGORY IS "11" INTERNAL PRESSURE COEFFICIENT IS .18 IN ACCORDANCE WITH ASCE 7-10 E N ALL GLAZING IS TO BE IMPACT RESISTANT OR USE PROTECTIVE HURRICANE SHUTTERS @ COPYRIGHT MIR RPF DESIGN INCORPORATFD REVISIONS 00 0 00 Cyl- 00 0 >G 0 0 00 0 0 00 M J O D z Q J oC O W W cc w � J W C-4 CC U Q � Q rV �� GC J O LL J ~ W z � W Q O W J c.� W Q W �C Q W Q Q Q C W GC W W_ Q O m O o � �C O � cC CD CC z Q V V O V Z � O O Q � J w U z5_7 z W O ck__ DESIGN INCORPORATED ARCHITECTURE, DESIGN, & DRAWING SERVICES # AA 26001108 BRIAN P, FREDLEY, ASSOC. AIA, PROJECT MANAGER DALLAS B. PEACOCK, AIA, ARCHITECT # AR 0009706 207 RRVIEW AVENUE, DAYTONA BEACH, FL 32114 PH; (386) 257-0502 FX; (386) 257-1050 E-MAIL; bfredley@bpfdesign,com WEBSITE; bpfdesign,com PVORDEVATIN H DRAWN BY; TEM CHECKED BY; DBP & BPF DATE; AUGUST 21, 2018 SCALE; 31I CZ 1' 0" 0 1' 4' 10' IT ARCHITECT'S I ENGINEER'S SEAL - 1 - e Memorandum Development Services Date: April 5, 2019 To: Planning & Zoning Board Members From: Bonnie Brown, Senior Planner Subject: RZ-1810 – 2001 South Riverside Drive Adjacent property owner Maryann Thorhallsson requested the following email be forwarded to you regarding the above-referenced request: Bonnie, I am grateful for the city's support regarding entry to my property, east and west. Being walled in, without easy access to Boston Rd, leaving and entering my property, would have been a huge hardship for my family. I still have concerns, as you know, about the placement of the dumpster and the increased risk of flooding, due to the planned elevation of Boston Rd. Lengthening the seawall to the north creates a higher potential for flooding on my shoreline, even from passing river vessels that speed by leaving a substantial wake splashing up onto the property. The east 60 feet of Boston Rd, at least allowed for a dispersed distribution of splashing river waters. I assume that the city has considered this in granting use of Boston Rd to the developers. I appreciate your assistance in all of this and your willingness to listen to my concerns. Representatives from the fire Department have already warned a potential buyer away from buying my home. If I am destined to stay here as I have for the past 43 years, I only ask that my home, which houses three families, be safe and not at a higher risk for flooding and water damage. I understand that moving the dumpster is inconvenient for the developers, but having the dumpster face my front door, is one of the many potential inconveniences my family will have to face as the result of this project. We cannot possibly imagine the daunting changes and challenges that yet await us regarding the building and day to day happenings of this project, especially since they have been granted full use of the 60 feet of Boston Rd. Their proposed retention ponds fall right at my property line, which is literally feet from my house. It has been very discouraging that the developers went back on their word regarding the placement of the - 2 - dumpster. I feel strongly that this needs to be revisited. Stench, heavy garbage activities with an increase in the potential for attracting rodents, is very disturbing. I am disappointed that the city did not support me in holding the developers to their word in agreeing to relocate such a serious nuisance that could impair our well being. As a long time resident of Edgewater, I hope that my voice can be heard. Thank you. City of Edgewater Planning & Zoning Edgewater, FL To Whom It May Concern: As ! am unable to attend the scheduled Public Hearing on May 8in Edgewater, 1 am offering my reaction to the planned proposal for the parcel located where Boston Road meets South Riverside Drive, the site of a former marina. When 1 recently heard what was being proposed there I felt disappointed that such a complicated commercial design would be considered for the beautiful, residential road that commands a speed limit of only 25 MPH. I think in such a neighborhood the location is not appropriate for any business that would result in high noise levels, or require a massive parking area. Not only is there a \ack a of suitable space for some of what is planned, I believe the proposal defies the nature of s South Riverside Drive, again, a residential area of utmost natural beauty, which is not conducive to this type of commercial business. I believe it would create a "nightlife" atmosphere that would be disturbing to the neighborhood, possibly well into hours that would be objectionable to the neighbors. yF /f given a choice, I would much prefer to see the space used for a public park, which would be limited to use during daylight hours, and would provide an atmosphere that might be more in keeping with the natural beauty of the area. 1 further believe that if the idea of a public park were presented to the many residents located along South Riverside Drive, the idea would be met with positive reactions, and possibly from other Edgewater residents who would be happy to have a park facility at that location. I hope that the application before the Zoning Board for such a drastic change in zor at that location would be taken under careful consideration before any f1na1 decis�ort iI made. Sincerely, Neighbor Marian Cappillino 193 South Riverside Drive Edgewater, FL 32141 May 7, 2039 1 Bonnie Brown From:Marian Cappillino <cappillinocap@aol.com> Sent:Thursday, May 9, 2019 11:51 AM To:Bonnie Brown Subject:Re: Notification Letter for 2001 S. Riverside Drive Ugh, Bonnie ‐ just saw this letter this morning. I had written a letter expressing my concerns and electronically sent it to a neighbor to hopefully read aloud at the Public Heating last nite. I will send it to you under separate cover to hopefully be added to the file. Thank you for following up. Marian Cappillino On May 6, 2019, at 3:13 PM, Bonnie Brown <bbrown@cityofedgewater.org> wrote: Attached is a copy of the letter sent to adjacent property owners (sharing property lines or directly across a street)regarding the above-referenced property. You are welcome to reply to this email with any information you would like to be provided to the Board at the hearing. Respectfully, Bonnie Brown Senior Planner 386-424-2400 ext. 1502 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.City Website To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Facebook To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Twitter To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.YouTube To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Newsletter To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Mobile App <Pages from Adjacent Owner Notification 04-26-19.pdf> 1 Bonnie Brown From:Marian Cappillino <cappillinocap@aol.com> Sent:Thursday, May 9, 2019 11:52 AM To:Bonnie Brown Subject:As per recent e-mail from me Attachments:IMG_0409.JPG; ATT00001.txt From:Diane Coston To:Michael Thomas Subject:Monday"s meeting Date:Wednesday, June 5, 2019 10:27:03 AM Hello Mayor Thomas, I am a news reporter for WNDB 1150 AM/93.5 FM. I'd like to set up a phone interview to talk about the decision to move forward with the restaurant/marina project. I'd also like to talk about the decision to offer the City Manager job to the current interim Glenn Irby. I'm in the office from 9:30 a.m. until 5 p.m. I can be reached at 386-944-7710. Thanks for your attention to this matter. Diane Coston WNDB 1150 AM/93.5 FM 386-944-7710 June 10, 2019 Robin Matusick, City Clerk City of Edgewater 104 N Riverside Drive Edgewater, FL 32132 Dear Robin Matusick: Enclosed you will find a letter that ! sent to each member of our city council via US mail. Would you please enter this letter into the public record? Thank you Sara T. Gibbs Mayor Michael Thomas City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Dear Mayor Thomas: I would like to express my concerns about the Edgewater Restaurant and Marina Project. Although I spoke briefly at the Council Meeting last Monday night, the time allotted was not adequate to discuss the operational issues that face any restaurant. Although I support having a marina and restaurant in the neighborhood, I have serious reservations about the large scope of the project. I am a new resident of Edgewater, having moved to Riverside Drive about two months ago after a year of searching for our "forever home." We love our home and chose it over a similar house on Riverside in Faulkner, because we liked the idea of a quiet, residential area within sight of the river. I am dismayed to think about more traffic in what I thought was a peaceful neighborhood, but have even more concern for the residents who will live within several blocks of the proposed marina complex. I have worked in food service management for 26 years and had the good fortune to spend the last nine years working for a small independent restaurant group in Lexington, KY. I helped to open six restaurants during that time and sat in on many meetings with neighborhood groups who expressed their concerns about how the new restaurant would impact their lives. Even though we brought business and jobs to often underdeveloped, low-income areas, the neighbors unfortunately became disillusioned about what it actually means to live next to a restaurant. Through no fault of the restaurant management, anyone living nearby quickly learned what it takes to keep a restaurant going -- what reality television now calls the "underbelly" of restaurant operation. The residents were unprepared for the amount of trash, noise pollution and light pollution they would endure on a daily basis. They were blindsided by the number of deliveries that a restaurant gets each day and how many times the roads/driveways were blocked. They were disconcerted by the amount of water used to wash dishes and flush toilets, and how it affected their water pressure. No one is prepared for the stench of a dumpster on a summer day, especially one that contains seafood waste. Unless you have restaurant experience, you cannot anticipate the noisy late-night hood cleanings, the smell of a blocked grease trap, or the predawn dumpster servicing. Even though recycling dumpsters are in place, sometimes the sheer volume of cardboard after a large delivery can overflow the receptacle so that cardboard is blown into neighboring yards. And in the case of the ASKI project, all of these activities will take place within a few feet of the Mosquito Lagoon, a protected waterway. Parking is often the tipping point. In Kentucky, we were fortunate to have adequate parking for most of our restaurants, often leasing nearby space. Since restaurant managers try hard to schedule so they have enough staff on hand to treat their customers with attention and care, the number of parking spaces needed for staff is considerable. I am sure the ASK[ development group will have a similar philosophy and will employ chefs, line cooks, dish washers, front of the house managers, hosts and hostesses, servers and bussers so they can provide a seamless experience for their guests. It is my fear that, out of necessity, the Boston Road public parking spaces will become the employee parking lot. My Kentucky restaurant group had two extremely popular casual restaurants with indoor and outdoor seating, both of which had a total seating capacity of about 120. At lunch the number of staff needed to care for the guests hovered at around 10, while in the evening it ballooned to 15. Periodic studies of the parking lots found that there were often 70 cars in each of the lots at peak times. Considering that the proposed Edgewater marina complex will have in excess of 150 seats, it is logical to assume that the number of parking spaces is woefully inadequate, especially when factoring in the needs of the marina guests and boaters. Obviously, that is when parking spills over onto streets, driveways, yards, sidewalks, nearby businesses or even public parks, causing hardship for all nearby residents, visitors and homeowners. After listening to the chef talk about his vision for the restaurant, I am sure they will be wildly successful, and will experience these same problems. Please understand that I love restaurant work and know my life was enriched because of the time spent with my restaurant family. I applaud the people in the hospitality industry, since I am well aware of how hard they work each day. I support new restaurants, especially independent ventures. I wish the ASKI project every success, but just on a much smaller scale. It would sadden me to see a city and a neighborhood forever changed, especially considering the failure rate of new restaurants. I am attaching a list of questions that should be asked of the ASKI developers in any discussions before the next monthly Edgewater Council Meeting. I would also urge you to consult with restaurateurs that you know and trust, who have establishments of a similar size to the proposed complex on Boston Road. Hopefully you will get some honest feedback and answers. Thank you for listening to my concerns. I trust you will consider your decision carefully and choose wisely. Best regards, Sara Gibbs Edgewater resident Edgewater Marina/ Restaurant Development Questions regarding restaurant operation What are the hours for each segment of the operation? What lighting will be present in the parking lot and on the restaurant? How will this light pollution affect the neighbors? Will there be a lighted sign on the street? How large? How many parking places will be designated for handicapped use? How many staff members will be working during peak times? How many parking places will they use? (I estimate 10 - 15, or almost all of the public spaces on Boston Road.) Since the restaurant cannot control overflow parking, how will they handle complaints from neighbors? How will the city handle these complaints and will towing be enforced? Where will dumpsters be located? How often will trash be picked up? What time of day? (often pick up is before dawn and very noisy, and you cannot underestimate the stench of a dumpster in the summer) Where will the hoods be located? Will hoods be cleaned after hours? (also noisy) Where will grease from fryers be collected and will it be recycled? If so, when will it be picked up? Where are grease trips located? Will there be a dumpster for recycling? When will that be picked up? Will the dumpster be closed to prevent the wind from tossing the cardboard into streets and yards? Will deliveries be limited to certain hours? Is there room for a large delivery van or semi- trailer to park in the lot while unloading, or will they use Boston Road? If they cannot use the parking lot or Boston Road, are there times when they will park on and block Riverside Drive? (deliveries will include the prime vendor i.e. US Foods or Sysco, produce, seafood, possibly meat, linens, beer and alcohol, fountain supplies like Coke, in addition to bait, fuel for boats and supplies for the shop in the marina) Will there be live music for the outdoor seating areas? Canned music? What impact will this noise pollution have on the neighbors? What is the break even point for the project? How many people need to be served in the restaurant each day to make it profitable? The industry standard would be two turns, or about 300 people. How does that volume affect the water supply, sewer, and road maintenance? Do folks who permanently dock their boats at the marina have access to the parking lot and slip 24/7? Is there a noise ordinance that protects neighbors if boaters are loud when they are in the lot? Has the city council consulted with real estate experts who can ascertain how this development will affect the property values of the neighbors residing in nearby streets? Who is responsible for maintaining the property if the project fails? Questions regarding the marina: How many employees will be required to operate the marina and how will that affect parking? Will there be waste pump out at the marina? Will the marina have any live -aboard customers? It was mentioned that there will be boat trailer parking spots available? How many and where? From:Ken Hooper To:"Sara Gibbs" Cc:Robin Matusick; "Harrison, Casmira" Subject:RE: Letter to city council Date:Monday, June 10, 2019 11:40:27 AM Sara; Both good letters. I would suggest you address the Council Letter to Mayor and City Council not just Thomas. Also suggest you send a copy to Robin Matusick, City Clerk and ask her to place the letter into the public record and make sure all Council Members receive copies. I would also suggest sending an electronic copy to the press; casmira.harrison@new-jrnl.com and Janet Shira don’t have her HomeTown News email but her cell is (407) 864-1035. Restaurant/Marina letter; may want to add question of how many employees to service the marina? Will there be waste pump-out at the Marina? Will the marina house any live-aboard customers? Good work. Ken Hooper From: Sara Gibbs [mailto:gibbssara@bellsouth.net] Sent: Monday, June 10, 2019 10:26 AM To: khooper@peconline.com Subject: Letter to city council Dear Ken: After much thought, I crafted a letter to send to the City Council members expressing my concern about the restaurant/marina project from a restaurant employee's point of view. I also created a list of questions that should be asked of the ASKI group regarding the operational practices of the restaurant. Maryann asked me to send you a copy. I plan to mail them today, but if you see any errors or if you think I should change it in any way, please let me know. This is my first attempt at a letter to a governing body, but I feel strongly that they don't know what they are unleashing. She also asked me to send it to Libby for her website. Thank you Sara Gibbs From:Glenn Irby To:Christine Wofford Cc:Samantha Bergeron Subject:FW: Proposed marina/restaurant Date:Monday, June 10, 2019 9:35:56 AM Good Morning, Below is an email I received over the weekend regarding the Marina project. Glenn -----Original Message----- From: Eleanor Gray [mailto:pgrays@icloud.com] Sent: Saturday, June 08, 2019 1:22 PM To: Glenn Irby Subject: Proposed marina/restaurant Mr. Irby, I just read the proposal for the development of the land that was formerly Cameron’s Marina. I am astounded that anyone in the city administration voted in favor of this. How can you possibly approve this proposal when there will only be 17 public parking space plus 39 dedicated spaces for a 152 seat restaurant, 44 slip marina and a bait shop? The 17 public spaces will probably be taken on a daily basis by employees. That will not leave enough parking for even the restaurant let alone the marina and bait shop. What if I rent a dock, arrive to use my boat and find all of the parking spaces filled? Where am I supposed to park? How can you possibly say this is enough parking? And, I agree with Maryanne Thorhallsson. If any of the people who support this project lived in this area, especially where she does, it would go down in flames. This is just plain stupid. Eleanor Gray. Sent from my iPad 1 Bonnie Brown From:Robin Matusick Sent:Tuesday, June 11, 2019 2:39 PM To:Bonnie Brown Subject:Edgewater Marina Wanted to make sure you had received this one Robin L. Matusick, CMC, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org From: Valerie McClain [mailto:vewickstead@yahoo.com] Sent: Thursday, June 06, 2019 8:35 AM To: Michael Thomas; Christine Power; kyancy@cityofedgewater.org; Megan O'Keefe; Gary Conroy Subject: 2018-0-33 Dear Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Kimberly Yancy, Councilwoman Megan O’Keefe, and Councilman Gary Conroy: I have been a resident of Edgewater, Florida for 33 years, living on Orange Tree Dr. This past Monday, (June 3, 2019) I attended the Council meeting. I have some concerns that didn’t seem to be addressed at this meeting regarding the proposed building of a restaurant/marina in a residential area. 1. This proposed restaurant/marina supposedly will increase revenue for the City of Edgewater. I have been employed in various restaurants in Florida and New York State. I also have been employed in various bed and breakfast/hotel establishments in New Smyrna Beach (Night Swan, Little River Inn, Riverview Hotel). Did you know that most restaurants close during their first year of business? An article I read entitled, “The Average Lifespan of a Restaurant,” stated that studies done by the Perry Group International and The Restaurant Brokers found that “90% of independent establishments (not chain restaurants, which do better) close during the first year and that 70% that made it past the first year close in the next 3-5 years.” (article online at azcentral 4/13/18 by Hannah Wickford). Is the City prepared for this possibility? Are the commitments made to the City by the 2 original owners extended to future owners? As for this restaurant adding local jobs, restaurant work pays very poorly. Waitresses do not make minimum wages and rely on tips. Other help will get minimum wages. Very few will work full time with benefits. How much this will benefit the community is debatable. 2. I recently read an article in Scientific American entitled, “Rebuilt wetlands Can Protect Shorelines Better than Walls.” (by Rowan Jacobsen, April 2019). I think there is more and more scientific reason to believe that sea walls are not necessarily the answer to flooding along oceans/rivers. Properties that don’t have sea walls that sit next to properties with sea walls; experience greater erosion. (Massachusetts Institute of Technology article, “Can seawalls prevent beaches from eroding?” by Peter Dunn 7/7/09) 3. Have you heard of the company, Sysco or Cheney Brothers? They are food suppliers for restaurants and hotels. I know that various restaurants locally (New Smyrna Beach) use these companies. Sysco uses tractor trailers to make deliveries. Riverside Drive is not a truck route (and neither is Boston Rd) because it is a residential area. Will tractor trailers get an exemption for driving on a non-truck route? It appears to me that the Edgewater Codes on truck routes states that Indian River Blvd. Rt 442 West of Rt 1 is a truck route. (Edgewater Code 17.7-- Designated streets for truck routes) This would mean that the 442 extension to Riverside Dr. is not a truck route. If this restaurant uses food suppliers that use tractor trailers, will you make the 442 extension to Riverside Dr a truck route? https://librarystage.municode.com/fl/edgewater/codes/code_of_ordinances ?nodeId=PTIICOOR_CH17TR I am a registered voter in Edgewater and I will be watching closely how you all vote on this issue. I am concerned that there appears to be many aspects of this project that have not been considered. And I get the impression that concerns made by residents are being dismissed as being without merit. Several councilwomen mentioned that they have spent 3 years working on this project, and that the time they spent on it means that it is a project that must be approved. I find that is an odd statement. I would expect that comment to be made by the company, Aski, or owner Richard Kowalski, not by Town council members. Making statements like that makes it appear that you are committed to helping an out-of-town corporation at the expense of your own residents. 3 Sincerely, Valerie W McClain 2614 Orange Tree Dr. Edgewater, FL 32141 From:Bridget V. Murphy To:Michael Thomas Subject:S. Riverside Drive "Marina" Date:Tuesday, June 4, 2019 1:05:10 PM Hello Mayor Thomas, I am a property owner of 1928 S. Riverside Dr. Right across the way from proposed Marina, I can say less than 150ft. If you and city edgewater council members ever go on a field trip to the area; before next month meeting I would like to extend a invite to you all to my home for a cup of tea & discussion. Sincerely, Bridget V. Murphy 1928 S. Riverside Dr Edgewater. FL 32141 386-383-0338 From:msolik@dotysoliklaw.com To:Michael Thomas Subject:Edgewater Marina Master Plan Date:Monday, June 10, 2019 3:37:23 PM Attachments:image001.jpg Dear Mayor Thomas: Please let me introduce myself. I am a land use attorney based in Orlando and I have been retained by Ken Hooper and Montye Beamer to represent their interests as it relates to the referenced project. I was not retained until late May and by that time I already had plans to be out of state on June 3, the date of first reading. I will be attending second reading on July 1 and will be representing Mr. Hooper and Ms. Beamer at that meeting. I understand that you have met with the developer on this project and I would like to know if you have any time to meet with me prior to the July 1 hearing. I look forward to meeting you! Sincerely, Mary Solik Solik_Logo_Final Mary Doty Solik 121 S. Orange Ave., Suite 1500 Orlando, FL 32801 407 367 7868 407 925 4738 Mobile www.dotysoliklaw.com msolik@dotysoliklaw.com Licensed in FL and GA From:Maryann Thorhallsson To:Michael Thomas Cc:Megan O"Keefe; Christine Power; Glenn Irby Subject:2001 S. Riverside Drive proposal Date:Friday, June 7, 2019 7:37:28 AM Dear Mayor, I am very confused by your enthusiastic support of this oversized sprawling project in our small quiet residential community. Despite the huge negative impact this will have on my life and the lives of all of my family members, there are many other concerns for you to reconsider. You were elected on a platform of protecting the Indian River Lagoon. I respect that, and I would assume that your actions in office would reflect the promise you made to the citizens of Edgewater. I have been told by other property owners along Riverside Drive that the city has rules discouraging seawalls or any hardening of the shoreline. This makes perfect sense to me because a live natural shoreline is essential to maintain the health of the lagoon. Historically, manatee have come to this seashore to graze. It is a truly amazing sight to witness. It is a fond memory of my children growing up. This is important to you. You have stated it aloud at council meetings. You have stated that we must do everything we can to preserve, protect, and improve the status of the lagoon. I have been at all of the meetings this year. I have heard you. Yet somehow, these ASKI developers from out of town, with no particular commitment to our lagoon, or the well-being of our community, were allowed to come in and build a six foot seawall along over 100 feet of our precious fragile shoreline. How did any well informed city official knowingly allow this? What about your personal promise to protect the lagoon? Currently, when the tide is right, our amazing manatee friends STILL roam my shoreline looking for edible vegetation. All hope is lost for them along the ASKI seawall. Worse than that, the city appears to be allowing these developers to continue their six foot seawall 60 feet northward along the public Right of Way. How can such a blatant environmental violation be considered by caring, concerned city officials? Doesn't it make your heart cry out? With good intention, you have vowed to protect the lagoon. I applaud you. But it confuses me how any city official can endorse commercial activities for profit that will further harm the viability of the lagoon and its threatened creatures? At Monday's meeting, ASKI's engineer, stood up unapologetically and stated the following on the record - we will be building an additional 60 feet of seawall on the right of way so that the owners of boats at anchorage cannot access the shoreline. I was shocked by this public admission. There are 2 boats at anchorage. If this is disturbing to anyone, there are simple solutions. Building a 60 foot seawall and destroying a natural seashore is not one of them. I have never complained to the city about these boaters. How does this make sense? You said at the meeting that everyone you talk to in Edgewater wants the marina. I believe that you heard loud and clear at the meeting that not everyone wants the marina as proposed. Local Riverside Drive residents emphatically oppose this outsized development. Many people have reached out to me this week and it appears that very few local residents were aware that this issue was being discussed in open public forum at our recent council meeting.Everyone would love an appropriately sized redevelopment of this property. You could still come down and enjoy all of the riverfront ambiance that such a carefully designed commercial enterprise could offer to our beautiful unique community. But the ASKI development as it is proposed, threatens our beautiful unique community. You heard the residents cry out about the parking, the traffic, and the many potential dangers created by all of the safety rules that have been waived, violated, or broken in order to approve this plan. It has been repeatedly stated that there is simply not enough parking for patrons, staff, and cars with trailers. Not enough space for the business of delivery trucks in and out. All city required set backs have been waived, rules set up for the protection of the lagoon have been waived. A public right of way is being "leased" forever to a private commercial property to build on; to put permanent structures on. No, I don't want a wall, a fence or a rolling gate placed at my property line. No, I don't want a retention pond outside my front door. No, I don't want all of the remaining foliage removed from the end of Boston Road and the erection of 60 more feet of Seawall on the shoreline, greatly increasing the risk of my home flooding. Flooding into the downstairs apartment where my daughter and my 7 year old grandson reside. No, I don't want the foliage removed from the north of the public right of way west along the road. No, I don't want the temporary disruption of my water supply, or the removal of utility poles that provide electricity to my home. No I don't want a commercial enterprise that has been allowed to be built on a ROW so close to my front door. Why doesn't my life count? Why doesn't my family matter? Why isn't the disruption of my daily home life considered? Is this as it might appear, profit before people? And mayor, what about all of the other residents of Riverside Drive who will be negatively impacted by this oversized project? What about our elders who are retired here? What about our new residents who have recently moved here to spend the rest of their lives in a quiet serene neighborhood? How is stilll our "scenic drive" with an estimate of an extra 200 vehicle trips in and 200 vehicle trips out along Riverside Drive everyday if this complex comes to fruition? Many people present at the meeting Monday, and others who watched the video, stated that it appeared that the majority of the council had their minds made up before they sat down. Many compelling arguments were made during the meeting against a development of this size.It seems that the concerns and compelling arguments went unheard. I did not hear one person state that they were against the redevelopment. They were against the size of the redevelopment. They were against the parking and traffic nightmares. They were against allowing the the developers to build on Boston Road. Many were against what the city was willing to do to my property and my family. These developers have dazzled some of the city officials. They have made ridiculous arguments in their documents alluding to fictitious "benefits" to local residents and the community at large. They have NOT been good neighbors.They have deliberately removed old growth specimen trees without permission. They have removed all mangrove along their shoreline without proper permitting, further depleting the health of the river. They have knocked down fencing from the south property that the owner had to replace at her own expense. They have knocked down the same owners river pilings and she now has to undergo extensive new permitting to get her pilings replaced. Again, at her own expense. Beyond the builder's control, during the 2017 hurricane, a protective barrier broke away from their completed seawall, flowed onto my dock and created substantial damage to my dock shed. They were apologetic and promised to repair my shed. They did not repair the shed and I had to pay to have it repaired. I have photographic documentation. They are not good neighbors. Be aware. Finally Mayor, I invite you to revisit your decision. I invite you to look at a broader picture that includes the local residents of Riverside Drive. I would like you to imagine a project that offers the amenities you desire, but that further protects the environment and not further damages the environment. Because they have removed two large residences formerly found on their property, they now have substantially more space to expand what was formerly Cameron's Marina. What a gift this would be to the community. Boston Road ROW could then retain its 1946 status as a "Forever" road designated for perpetual public access. As always they would have open use of this road for traffic, deliveries, and parking. all at a manageable size and appropriate to this residential community. I could get in and out of my house and feel secure that emergency vehicles could arrive unimpeded. Please visit this site again. I have an orange cone placed at the 20 foot mark from the base of my house. This will show you where the builders intend to put a wall, a fence and a retention pond. I know that it is important to you to investigate things for yourself. I know that it is important to you to listen to the voices of your citizens. Please keep an open mind and a open heart, and continue to gather information about the total impact of this project. Thank you, Maryann Thorhallsson 205 East Boston Road, Edgewater 386-416-8325 From:Maryann Thorhallsson To:Michael Thomas Subject:2001 South Riverside Drive Development Date:Saturday, June 8, 2019 4:43:48 PM Dear Mayor, I am very confused by your enthusiastic support of this oversized sprawling project in our small quiet residential community. Despite the huge negative impact this will have on my life and the lives of all of my family members, there are many other concerns for you to reconsider. You were elected on a platform of protecting the Indian River Lagoon. I respect that, and I would assume that your actions in office would reflect the promise you made to the citizens of Edgewater. I have been told by other property owners along Riverside Drive that the city has rules discouraging seawalls or any hardening of the shoreline. This makes perfect sense to me because a live natural shoreline is essential to maintain the health of the lagoon. Historically, manatee have come to this seashore to graze. It is a truly amazing sight to witness. It is a fond memory of my children growing up. This is important to you. You have stated it aloud at council meetings. You have stated that we must do everything we can to preserve, protect, and improve the status of the lagoon. I have been at all of the meetings this year. I have heard you. Yet somehow, these ASKI developers from out of town, with no particular commitment to our lagoon, or the well-being of our community, were allowed to come in and build a six foot seawall along over 100 feet of our precious fragile shoreline. How did any well informed city official knowingly allow this? What about your personal promise to protect the lagoon? Currently, when the tide is right, our amazing manatee friends STILL roam my shoreline looking for edible vegetation. All hope is lost for them along the ASKI seawall. Worse than that, the city appears to be allowing these developers to continue their six foot seawall 60 feet northward along the public Right of Way. How can such a blatant environmental violation be considered by caring, concerned city officials? Doesn't it make your heart cry out? With good intention, you have vowed to protect the lagoon. I applaud you. But it confuses me how any city official can endorse commercial activities for profit that will further harm the viability of the lagoon and its threatened creatures? At Monday's meeting, ASKI's engineer, stood up unapologetically and stated the following on the record - we will be building an additional 60 feet of seawall on the right of way so that the owners of boats at anchorage cannot access the shoreline. I was shocked by this public admission. There are 2 boats at anchorage. If this is disturbing to anyone, there are simple solutions. Building a 60 foot seawall and destroying a natural seashore is not one of them. I have never complained to the city about these boaters. How does this make sense? You said at the meeting that everyone you talk to in Edgewater wants the marina. I believe that you heard loud and clear at the meeting that not everyone wants the marina as proposed. Local Riverside Drive residents emphatically oppose this outsized development. Many people have reached out to me this week and it appears that very few local residents were aware that this issue was being discussed in open public forum at our recent council meeting.Everyone would love an appropriately sized redevelopment of this property. You could still come down and enjoy all of the riverfront ambiance that such a carefully designed commercial enterprise could offer to our beautiful unique community. But the ASKI development as it is proposed, threatens our beautiful unique community. You heard the residents cry out about the parking, the traffic, and the many potential dangers created by all of the safety rules that have been waived, violated, or broken in order to approve this plan. It has been repeatedly stated that there is simply not enough parking for patrons, staff, and cars with trailers. Not enough space for the business of delivery trucks in and out. All city required set backs have been waived, rules set up for the protection of the lagoon have been waived. A public right of way is being "leased" forever to a private commercial property to build on; to put permanent structures on. No, I don't want a wall, a fence or a rolling gate placed at my property line. No, I don't want a retention pond outside my front door. No, I don't want all of the remaining foliage removed from the end of Boston Road and the erection of 60 more feet of Seawall on the shoreline, greatly increasing the risk of my home flooding. Flooding into the downstairs apartment where my daughter and my 7 year old grandson reside. No, I don't want the foliage removed from the north of the public right of way west along the road. No, I don't want the temporary disruption of my water supply, or the removal of utility poles that provide electricity to my home. No I don't want a commercial enterprise that has been allowed to be built on a ROW so close to my front door. Why doesn't my life count? Why doesn't my family matter? Why isn't the disruption of my daily home life considered? Is this as it might appear, profit before people? And mayor, what about all of the other residents of Riverside Drive who will be negatively impacted by this oversized project? What about our elders who are retired here? What about our new residents who have recently moved here to spend the rest of their lives in a quiet serene neighborhood? How is stilll our "scenic drive" with an estimate of an extra 200 vehicle trips in and 200 vehicle trips out along Riverside Drive everyday if this complex comes to fruition? Many people present at the meeting Monday, and others who watched the video, stated that it appeared that the majority of the council had their minds made up before they sat down. Many compelling arguments were made during the meeting against a development of this size.It seems that the concerns and compelling arguments went unheard. I did not hear one person state that they were against the redevelopment. They were against the size of the redevelopment. They were against the parking and traffic nightmares. They were against allowing the the developers to build on Boston Road. Many were against what the city was willing to do to my property and my family. These developers have dazzled some of the city officials. They have made ridiculous arguments in their documents alluding to fictitious "benefits" to local residents and the community at large. They have NOT been good neighbors.They have deliberately removed old growth specimen trees without permission. They have removed all mangrove along their shoreline without proper permitting, further depleting the health of the river. They have knocked down fencing from the south property that the owner had to replace at her own expense. They have knocked down the same owners river pilings and she now has to undergo extensive new permitting to get her pilings replaced. Again, at her own expense. Beyond the builder's control, during the 2017 hurricane, a protective barrier broke away from their completed seawall, flowed onto my dock and created substantial damage to my dock shed. They were apologetic and promised to repair my shed. They did not repair the shed and I had to pay to have it repaired. I have photographic documentation. They are not good neighbors. Be aware. Finally Mayor, I invite you to revisit your decision. I invite you to look at a broader picture that includes the local residents of Riverside Drive. I would like you to imagine a project that offers the amenities you desire, but that further protects the environment and not further damages the environment. Because they have removed two large residences formerly found on their property, they now have substantially more space to expand what was formerly Cameron's Marina. What a gift this would be to the community. Boston Road ROW could then retain its 1946 status as a "Forever" road designated for perpetual public access. As always they would have open use of this road for traffic, deliveries, and parking. all at a manageable size and appropriate to this residential community. I could get in and out of my house and feel secure that emergency vehicles could arrive unimpeded. Please visit this site again. I have an orange cone placed at the 20 foot mark from the base of my house. This will show you where the builders intend to put a wall, a fence and a retention pond. I know that it is important to you to investigate things for yourself. I know that it is important to you to listen to the voices of your citizens. Please keep an open mind and a open heart, and continue to gather information about the total impact of this project. Thank you, Maryann Thorhallsson 205 East Boston Road, Edgewater 386-416-8325 VOLUSIA INDIAN RIVER LAGOON COALITION Dear Mr. Lear, May 31, 2019 As a Coalition that's mission is to protect the Mosquito Lagoon section of the Indian River Lagoon, we are very concerned about the new restaurant and retail shop that is being proposed for the property located on the waterfront on Riverside Drive. We are opposed to the city giving licensing rights for the eastern end of Boston Road to Aski Development, LLC. and we are also opposed to the proposed rezoning request. Personally, as a neighbor that lives just north of the proposed development at 208 Virginia Street, a development of this size is not in keeping with the neighborhood character of the area. As an environmentalist, I have been very upset with the large concrete seawall that has replaced mangroves. As you know, the Indian River Lagoon has experienced extensive ecological destruction over the last dozen years and to restore it to health many things need to happen and restoring living shorelines is part of the solution. The fifty foot setback for building next to the lagoon was established to protect the lagoon and granting permission for this large building to be built 15' from the water's edge should not be allowed especially with the U.S. Geological Survey's "mid-range" projections that "sea levels could rise as much as 19" by 2050. Our group has been doing regular lagoon cleanups and this project will add to the ongoing trash that ends up in the mangroves and spoil islands. The recent defeat of the proposed Half Cent Sales Tax Increase was a clear message that citizens are very upset about the out of control development that is rapidly changing the character of Volusia County. The proposed restaurant and bait shop is another example of the kind of projects that the vast majority of citizens oppose. Please require the development to work within the existing zoning regulations of Edgewater. Thanks you, Robert W. Chew Chairman, Volusia Indian River Lagoon Coalition 208 Virginia Street Edgewater, FL 32132 From:Robin Matusick To:Bonnie Brown Subject:FW: Restaurant/marina Date:Monday, June 17, 2019 12:07:00 PM FYI for packet Robin L. Matusick, CMC, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org From: Maryann Thorhallsson [mailto:maryannthor@gmail.com] Sent: Monday, June 17, 2019 11:54 AM To: Michael Thomas; Megan O'Keefe; Christine Power; Gary Conroy; Kim Yaney Subject: Re: Restaurant/marina The impacted citizens of the neighborhood could have input. For now, please visit or revisit at your convenience. I appreciate your time. Thank you Maryann Thorhallsson On Mon, Jun 17, 2019 at 11:50 AM Maryann Thorhallsson <maryannthor@gmail.com> wrote: Dear Mayor and Council Members, Greetings, and wishing each of you the best. As we draw closer to the July 1st final council vote, the urgency of comprehensive information gathering increases. My personal communications with city officials has been going on for 3 1/2 years. My assumption is that we all do the best we can with the information we have at hand. If you have been down to the site, please visit it again. Please respond to the neighbors in this community who have reached out to you. Many have come to my house with their personal concerns about this project. Some are new to this community, and some have lived here for many years. Losing Boston Road right of way, impacts more people than I could have imagined. In their recently submitted Right of Way "Agreement", the developers state - "Emergency vehicles will also be permitted in substantially the manner currently permitted." Currently, there are no retention ponds. Currently there are not 17 parking spots occupied. Currently there are no boat trailers. Currently there are no huge delivery trucks. Currently there is no on going commercial traffic. That statement in their agreement offers no assurance of unimpeded emergency vehicle access. Please come and see for yourself. The developers have nothing in their plans for ADA compliance from "their" road to my home. I have no protection of any kind against restaurant patrons blocking me in or out of my property. Mr. Irby advises me to "call the city" when this happens. Potential emergencies aside, what about the day to day reality of regular family activities that require the use of Boston Road? What do I say to my students at DSC when I can't make it to class? What does my daughter do when she can't get out to respond to her nursing clients? Two of you answered at the last meeting, when asked by Mr. Conroy, that you would love to live on my property immediately adjacent to this sprawling enterprise. Your public affirmation of your willingness to live where I live is beyond amazing. I applaud your personal resilience, your emotional stamina and your confidence that could protect your family from the many hazards that this project will bring. I am amazed because it is difficult to imagine that anyone would welcome the noise, the disruption, the traffic, the parking nightmares, the perpetual lingering stench from the dumpster facing my front door, the night time overhead light pollution, the lack of privacy, the canned music for outside diners, big rigs coming in and out, potentially alcohol impaired drivers and the general absence of the serenity that natural riverfront living has afforded. How many hours a day will this quiet residential community be subjected to the inevitable chaos that this oversized development generates? Please look again. Would you really want to live in my house? In this neighborhood? I believe that hearts can be turned, that minds can be changed. You were elected because the people believe in you and trust you. Please talk to the people who will be the most impacted, not just the distant residents that think that a huge restaurant is a great idea. I would love to meet you at my property and have a friendly discussion about other possibilities. We would love an upscale Cameron's marina. With the two residences demolished, they have a lot more land to develop on the property they purchased. The original plans submitted contained a marina design on the property they purchased. The retention ponds were on the property they purchased. They could design a commercial enterprise that would make sense in this residential community. All of the stake holders could come to the table. The impacted citizens in the neighborhood could have From:Robin Matusick To:Bonnie Brown Subject:FW: Site visit for Edgewater Marina Date:Monday, June 17, 2019 1:49:53 PM FYI – agenda package Robin L. Matusick, CMC, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org From: Sara Gibbs [mailto:gibbssara@bellsouth.net] Sent: Monday, June 17, 2019 1:46 PM To: Michael Thomas Subject: Site visit for Edgewater Marina Good afternoon Mayor Thomas, I recently attended my first city council meeting in the city of Edgewater. In fact, it was my first city council meeting anywhere. I was impressed with the process and learned a great deal about my new home. I was especially impressed with your report regarding your visit to various parking lots, both temporary and permanent, on Memorial Day weekend to assess the adequacy of parking for boat trailers. There is nothing like seeing something in person to help put challenges in perspective. I would urge you to do the same with the Boston Road marina project. If you have not visited and walked the site, please consider doing so before the next meeting. Seeing how close the neighbors are to the prospective restaurant/marina is quite extraordinary. And seeing the small amount of vegetation left next to the river on the north side is also quite telling. So many lives are in your hands as you make this decision, it seems wise to have every available piece of information. Thank you for your leadership and the time you give to the community. Best regards, Sara Gibbs 1506 South Riverside Drive Edgewater From:michael mckenna To:Michael Thomas; Gary Conroy; Megan O"Keefe; Kim Yaney; Christine Power Subject:Public right way on Boston Road Date:Tuesday, June 18, 2019 5:20:38 PM Dear Mayor and Commissioners. First and foremost I think that the project on Riverside Drive is a win for the City of Edgewater! I have some concerns and I feel that since I was not able to be at the last meeting due to me being out of the country that I should contact each of you and voice them in a letter. I feel as a homeowner here in Edgewater and being a businessman in Volusia County I might be able to share some of my experience and expertise with each of you. Some of you know me personally but for those who don’t I have been a restaurant owner here for 16 ½ years at McKenna’s Place in New Smyrna Beach. Prior to that I have owned, operated and managed restaurants for 41 years. This is where my expertise and knowledge might help in regards to staffing a restaurant properly and the parking needed to sufficiently grow a business of this magnitude. I understand that the footprint for the marina property is going to include the following: 44 slips= 44 parking spaces by code. Bait and Tackle Shop- Kayak rental business. I suppose that they will do the rental business out of this part of the 6000 Square Foot Building= 4 staff members= 4 parking spaces needed and another 6-8 spaces for customers that rent Kayaks and will be leaving their car on premise. 4600 Square Foot Restaurant= 160 seats=40 spaces needed per code=4 persons per car. From my experience in the business I do not feel 40 spaces will be sufficient but lets go with the code on this. Staffing for the Restaurant: This is my expertise! 1-General Manager 1-Floor Manager Lunch Shift,2 Floor Managers Dinner Shift Bartenders- 2 Lunch Shift, 3 Dinner Shift Bar Back- 1 Lunch Shift, 1 Dinner Shift Servers-5-6 Lunch Shift, 7-9 Dinner Shift Bus Boys/Girls-2 Lunch Shift, 2-3 Dinner Shift Host/Hostess-2 Lunch Shift, 3 Dinner Shift Kitchen Manager and Cooks; 4 Lunch Shift, 5 Dinner Shift Dishwasher- 1 Lunch Shift, 2-3 Dinner Shift- one to be used as a prep cook at Dinner. Total staff Lunch Shift=20 Staff Members Total staff Dinner Shift=30 Staff Members Total parking for the Restaurant staff=25 spaces on average per Lunch or Dinner Shift depending on sales forecast. Restaurant personnel do not have a habit of carpooling together, due to the different times that their shift would start and finish. Total parking to meet basic needs : 119 spaces I do not know how many parking spaces are on the plans that were submitted to the city. If I were a homeowner in that area of Riverside I would be talking to each of you and the building department with grave concern that people will be parking on my property and lawn. We do not have the luxury that Goodrich’s has down in Oak Hill and at times its super difficult to find parking down there. Look at Out Riggers in NSB and the parking problem that happens on a nightly basis. At least they have the overflow parking in regards to the boat launch site next to the restaurant. Which if the police monitor will issue parking ticket to those patrons who park their and hated by the boat owners who cannot launch their boat due to illegal parking for the restaurant. Parking if not done right from the beginning of this project is going to not only haunt the City of Edgewater, The Police Department in illegal parking citations, but mostly the tax payer{homeowners} who live close to this property. I hope each of you will come to the neighborhood meeting on Saturday June 22,2019 at 10 a.m. to noon to listen to the neighborhoods concerns. I am not on this committee or affiliated with this group, but I am a very concerned citizen in regards to the growth on Riverside Drive. Regards, Michael McKenna 386-316-5889 1509 South Riverside Drive Edgewater, Florida 32132 Sent from Mail for Windows 10 From:Robin Matusick To:Bonnie Brown Subject:FW: Edgewater Marina Date:Wednesday, June 19, 2019 9:11:57 AM FYI Robin L. Matusick, CMC, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org -----Original Message----- From: Chip Selman [mailto:capt.cracker@yahoo.com] Sent: Wednesday, June 19, 2019 9:09 AM To: Michael Thomas Subject: Edgewater Marina Hey Mayor Mike, I just wanted to express my support for the Edgewater Marina. This is something Edgewater has needed for years now. I think it will make huge economic opportunities for the rest of the community as well. Edgewater is growing and we can’t let our community suffer because people don’t want to make changes. Change is inevitable. Thanks Chip Selman 2703 Evergreen Dr. Sent from my iPhone From:Robin Matusick To:Glenn Irby; Aaron R. Wolfe - Doran, Sims, Wolfe & Ciocchetti (AWolfe@doranlaw.com) Cc:Darren Lear; Bonnie Brown; Kelsey Arcieri Subject:FW: RZ-1810 Edgewater Marina Date:Wednesday, May 8, 2019 1:41:50 PM Importance:High Glenn/Aaron, Please see the “Appeal” that we received this afternoon at 1:27 pm from Mr. Hooper regarding the Edgewater Marina Project (RZ-1810) that is scheduled for consideration during the Planning & Zoning Board Meeting tonight. By copy of this correspondence, I am asking that Bonnie please supply a copy of this correspondence to the Board Members during their meeting this evening. Robin L. Matusick, CMC, City Clerk/Paralegal City of Edgewater PO Box 100 Edgewater, FL 32132 (386)424-2400 Ext #1101 rmatusick@cityofedgewater.org From: Ken Hooper [mailto:khooper@peconline.com] Sent: Wednesday, May 08, 2019 1:26 PM To: Robin Matusick Subject: RZ-1810 Edgewater Marina Robin Matusick City Clerk This is an Appeal of the Development Service Director’s and the City Attorney’s interpretation of the Land Development Code and the Comprehensive Plan in accordance with Section 21-06.01 (Appeals Procedures) concerning RZ-1810 (Edgewater Marina) scheduled for Planning and Zoning Board review on May 8 at 6:30 pm. Time is of the essence. The agenda for the P&Z hearing was received by me on Monday, May 6, 2019. The areas of concern for the determination by the Development Services Director and City Attorney include: First- The Development Service Director and City Attorney have determined that is acceptable for the City to use a (BPUD) Planned Unit Development Master Agreement to assign an easement related to public ROW. The ability of the City to dedicate an easement concerning the public ROW of Boston Road east of Riverside Drive in favor of Aski Development LLC has no authority identified in the City’s Land Development Code. Protection of Public ROW is highlighted in the City’s comprehensive plan. This action has never been completed in Edgewater’s past and sets a very negative precedence for future development. The normal process would be for the City to conduct a public hearing with proper notice to propose a vacation of the public ROW; if approved by the City Council, after public input, the property would be divided between the owners to the north and south of the public ROW. What is being utilized in RZ-1810 is clearly a method to circumnavigate the vacation of public property by using an assignment of an easement for development purposes and assigns additional liability to the City who is now acting as part of the applicant. For example ,if the neighboring properties flood due to the use of an easement granted by the City for parking and stormwater or someone is hurt or has an accident on the easement, the City has increased liabilities. I do not know of any statute or case law that allows a City to give an easement over a public ROW solely for the purpose of facilitating a development. The Transportation Element of the adopted Comprehensive Plan (Policy 1.4.7) concerning protection of ROW prohibits encroachment by development and states public ROW cannot be used for setback requirements. This comprehensive plan policy cannot be superseded by a zoning agreement. Second-The Development Service Director has determined that the City’s adopted Comprehensive Plan can be modified by a PUD Master Plan. The Coastal Management Element (Policy 1.2.2 and 1.2.3) of the City’s Comprehensive Plan states that there shall be a 50-foot setback from the mean high water for any development along the Indian River. The Coastal element also states that there shall be a maximum of 30% impervious area within a 100-foot setback from the mean high water line of the Indian River. The proposed master plan for the Edgewater Marina depicts far less area for setbacks and an excessive amount of impervious area within 100 feet of the Indian River. This is further emphasized by Section 21-04 of the City’s adopted Land Development Code which state if there is a conflict between the Land Development Code and Comprehensive Plan the goals and policies of the adopted Comprehensive Plan take precedence. The City Council has declared its support for protection of the Indian River and the lagoon thus eliminating mandated setbacks and increased area of impervious surface adjacent to the Indian River is not consistent with the stated goals of the City Council. Please consider this as a formal appeal of the determinations made by City officials (Development Services Director and City Attorney). Please forward this as soon as possible to the Interim City Manager for appropriate review. Furthermore, please make sure that all members of the Planning and Zoning Board have copies of this appeal for tonight’s review of this rezoning application. Kenneth R. Hooper 1818 South Riverside Drive Edgewater, Florida 32141 (386) 426-1563 (407) 448-5253 cell Office of the City Manager P.O. Box 100 Edgewater, FL 32132-0100 (386) 424-2400 ext.1201 Fax (386) 424-2421 www.cityofedgewater.org May 13, 2019 Mr. Kenneth R. Hooper 1818 South Riverside Drive Edgewater, Florida 32141 RE: Appeal of Development Service Director’s and City Attorney’s Interpretation of the Land Development Code Dear Mr. Hooper: Thank you for your email of May 8, 2019 concerning the Edgewater Marina project on Boston Road. It is clear you wish to appeal the interpretation of the City’s Land Development Code (LDC) by both Development Services Director Darren Lear and City Attorney Aaron Wolfe. Section 21-06.01 of the LDC outlines the appeal process as follows: ‘In the event any person believes that a City official has made an interpretation or determination under the Land Development Code that adversely impacts such person to the extent that such person believes in good faith that such decision results in deprivation of the reasonable and beneficial use of the land which is the subject of the adverse interpretation or determination, then such person may appeal such decision to the City Manager …’ After careful review of this process and discussions with the City’s Attorney, it is my opinion that your objections to the proposed development do not qualify for an appeal under Section 21- 06.01. My reasoning is specifically related to ownership of the property in question. It does not belong to you and therefore the proposed development would not deprive you of beneficial use. In order to fall under Section 21-06.01 the decision must result in deprivation of the reasonable and beneficial use of the land. You are certainly free to express your concerns during the testimony period when this case is heard by the City Council in June 2019. Sincerely, Glenn A. Irby Glenn A. Irby Interim City Manager From:Ken Hooper To:Robin Matusick Cc:maryannthor@gmail.com; Bonnie Brown Subject:RZ-1810 Edgewater Marina Date:Friday, May 17, 2019 12:07:25 PM Robin Matusick City Clerk Below is my response to the letter dated May 13, 2019 from the Interim City Manager Mr. Glen Irby as forwarded to me by Bonnie Brown. Mr. Irby: Thank you for responding to my appeal of the determinations made by the Development Services Director (Darren Lear) and the City Attorney (Aaron Wolf). I am disappointed that you did not take the time or effort to conduct a meeting with me to determine the basis and details of my appeal. I believe your determination is in error on many fronts concerning the determination by City Officials of comprehensive plan consistency and the rezoning application and development order of the Edgewater Marina. Listed below are several points you should have considered in your determination. (1) The subject property (Edgewater Marina) is part of the Riveredge Acres subdivision that was platted and certified on March 7, 1946. The plat depicts Boston Road as a “dedicated road and drive, shown hereon, to the use of the Public forever”. (2) I own property (residential and water front) within the original platted Riveredge Acres subdivision and the proposed use of the Boston Road ROW would deprive me (and others) of beneficial use of ROW and property. The adjacent and contiguous property owner north of the platted Boston Road ROW (Maryann Thorhallsson, 205 Boston Road) desires to join me in this appeal. She will contact your office immediately to provide written intent of her desire to join this appeal. (3) Chapter 163.3194 of Florida Statutes concerning local government comprehensive planning describes that all development (both public and private) must be consistent with the local government’s adopted comprehensive plan. The statute is framed as a rule or command to local governments that they must comply with the adopted Comprehensive Plan. The statue does not indicate that a local government shall have some discretion as to whether a proposed development should be consistent with the Comprehensive Plan. Consistency with an adopted Comprehensive Plan is therefore not a discretionary matter. A development order (Edgewater Marina’s request for BPUD rezoning) should only be determined as consistent with the Comprehensive Plan when the permitted development is compatible and further advances all of the goals, objectives, policies and land uses contained in the Comprehensive Plan. (4) The determination on consistency by the two identified City Officials specifically fails to comply with the Transportation Element (Policy 1.4.7) and the Coastal Management Element (Policies 1.2.2 and 1.2.3) which are contained in the City’s adopted Comprehensive Plan. Having one long range goal of the City Council’s priorities (not Comprehensive Plan goal) of a possible waterfront restaurant and marina does not condone ignoring any of the other long outstanding goals, objectives and policies of the City’s Comprehensive Plan. (5) The determination by the two City Officials fails to protect the public ROW (Boston Road dedicated to the Public forever in 1946 plat) and the Indian River (reduction in mandatory setback distance and percentage of impervious area within the setback criteria). The protection of the Boston Road ROW and the Indian River are clearly policies contained in the adopted Comprehensive Plan. It should be noted that both City Officials modified their method and reasoning related to the ROW usage and Indian River protection during the staff presentation at the recent Planning and Zoning hearing concerning the rezoning application. In accordance with the adopted Appeal Procedures (Section 21-06.01, Appeals Procedures), I formally request to appeal your opinion to the City Council concerning the determination of the Edgewater Marina’s proposed rezoning/development order and its consistency with the City’s adopted Comprehensive Plan. I respectfully request that my appeal of your opinion be heard by City Council prior to any public hearing concerning the requested rezoning application of the Edgewater Marina. Please let me know the schedule for the appeal. I will not be available for contact starting May 22 through May 26, 2019, but please respond through e-mail to me (khooper@peconline.com) and my attorney Mary Solik (msolik@dotysoliklaw.com). As a final note, you should be aware how poorly and illegally the advertisement of this rezoning request was handled by the Development Services Director (Darren Lear). The public notice and legal description contained in the PUD Agreement states that the subject parcel is 1.26 acres. Only 0.8 +/- acres is above mean high water elevation and subject to potential rezoning. The balance of the 1.26 acres is sovereign submerged lands owned by the State of Florida which should not be subject to this rezoning request as defined in the FDEP permit Number 64-342863-002-EI issued June 22, 2016. The FDEP permit concerned only the removal of concrete fill and boat ramp, installation of seawall on subject property and maintenance dredge of the canal along the southern boundary. The FDEP permit indicated the applicant must obtain an U.S. Army Corps Engineer’s Authorization separate from the FDEP permit. Furthermore, the master plan contained in the PUD agreement depicts the use and rezoning of sovereign submerged lands and public ROW as part of the Edgewater Marina rezoning request. That representation is a gross error in the advertisement and master plan of this rezoning application. Again, I am sorry that to-date you did not have the time or dedication to talk directly to me and possibly avoid this due process procedure. I am available Monday (May 22 all day) or Tuesday morning to discuss this complicated subject. My telephone contact numbers are (386) 426-1563 or (407) 448-5253. I can’t be contact via text. I can and will respond to e-mails or telephone calls. Thank you for your attention in this matter. Kenneth R. Hooper 1818 South Riverside Drive Edgewater, Florida 32141 From:Maryann Thorhallsson To:Robin Matusick; Bonnie Brown; Ken Hooper Subject:Appeal Date:Friday, May 17, 2019 1:17:12 PM As an adjacent property owner to the proposed Edgewater marina, I request that my name be added to the appeal. This is based on the potential risk of loss of commercial use of my property, also known to the city as the Seven Mile Fish Camp. Other challenges regarding safe and reasonable access to my property, the increased potential for property flooding and impact on the community have already been identified. Thank you for your assistance in this matter. Maryann Thorhallsson From:Maryann Thorhallsson To:Robin Matusick; Bonnie Brown; Ken Hooper Subject:Ken Hooper"s appeal. Date:Friday, May 17, 2019 1:39:05 PM I want to specify that I would like to have my name added to Ken Hooper's appeal that was submitted today to the city for the reasons I identified in my previous email. Thank you. Maryann Thorhallsson 1 Bonnie Brown From:Glenn Irby Sent:Monday, May 20, 2019 8:14 PM To:Ken Hooper Cc:Darren Lear; Robin Matusick; Bonnie Brown Subject:Re: Edgewater Marina Ken, Thank you for your email. Your concerns are important to us. A response is forthcoming. Glenn A. Irby Interim City Manager Sent from my iPad On May 20, 2019, at 5:12 PM, Ken Hooper <khooper@peconline.com> wrote: Darren; I reviewed the engineering plans submitted to the City and attached documentation and have some comments that I would request you or TRC review. 1. The zoning application requests that the City include the Public ROW for rezoning. 2. The number of seats in the restaurant is shown to be 156 and 168 which is correct? 3. The water and sewer demand calculation does not include a determination of sufficient fire flow to the site. 4. The liftstation that receives this additional peak wastewater flow is likely substandard and has overflowed into the Thorhallsson home several times. I saw no mention of a determination that the sewer collection system can handle this increased wastewater flow. 5. The 100‐year flood elevation is identified on the survey as elevation 6 feet. I find no mention of compensating storage in the engineering report. The land development code (section 21‐42.04) directs that no compensating storage can occur below the 100‐year flood elevation and the City must use the “cup for cup” for creation of new storage. The same section of the code also states no compensating storage shall occur in retention ponds. A review indicates this site does not comply with the Code. 6. The land development code (section 21‐53.04 (h)) states that no exfiltration system is permitted in Edgewater. If there is no other manner for incorporating stormwater, soil boring must be completed in the area of the exfiltration trench. A review of the boring sites contained in the soils engineer’s reports indicated the sites for the boring were not the three pond or along the proposed exfiltration trenches. Please have the Flood Plain Administrator review these issues. 7. In summary, approximately 350 feet of 15‐inch RCP pipe deliver stormwater to three pond which have a single direct outfall to the Indian River. Please review and comment. Ken Hooper May 21, 2019 Mr. Kenneth R. Hooper 1818 South Riverside Drive Edgewater, Florida 32141 Re: Edgewater Marina Project Dear Mr. Hooper: I am in receipt of your email dated May 17, 2019. In your email you request to appeal to the City Council concerning the determination of' the Edgewater Marina's proposed rezoning/development in accordance with Section 21-06.01, Appeals Procedure, of the City's Land Development Code. However, as I stated in my letter to you dated May 13, 2019, it is my opinion that your objections to the proposed development do not qualify for an appeal under Section 21-06.01. The property in question does not belong to you and therefore the proposed development would not deprive you of beneficial use. In order to fall under Section 21-06.01 the decision must result in deprivation of the reasonable and beneficial use of the land. Therefore, as your objections to the proposed development do not qualify for an appeal under Section 21.06-01 you are not entitled to an appeal to the City Council. However, you are certainly free to express your concerns when this case is heard by the City Council at the June 3, 2019 public meeting. Sincerely, i Glenn A. Irby �2 Y Interim City Manager r Office of the City Manager P.O. Box 100 • Edgewater, FL 32132-0100 (386) 424-2400 ext. 1201 9 Fax (386) 424-2421 www.cityofedgewater.org May 21, 2019 Ms. Maryann Thorhallsson 205 Boston Road Edgewater, Florida 32141 Re: Edgewater Marina Project Dear Ms. Thorhallsson: I am in receipt of your email dated May 17, 2019. In your email you ask to be added to an appeal of an interpretation of the City's Land Development Code which was brought by Mr. Kenneth R. Hooper. Please be advised that I have previously informed Mr. Hooper that he does not have standing to appeal under Section 21-06.01 of the City's Land Development Code. Therefore, there is no pending appeal for you to join. Furthermore, Section 21-06.01 does not provide a procedure for a person to join an appeal filed by someone else. Even if it did, you also lack standing to bring an appeal under the City's Land Development Code. Section 21-06.01 outlines the appeal process as follows: In the event any person believes that a City official has made an interpretation or determination under the Land Development Code that adversely impacts such person to the extent that such person believes in good faith that such decision results in a deprivation of the reasonable and beneficial use of the land which is the subject of the adverse interpretation or determination, then such person may appeal such decision to the City Manager... As the subject property does not belong to you the proposed development would not deprive you of beneficial use. In order to fall under Section 21.06.01 the decision must result in deprivation of the reasonable and beneficial use of the land. Therefore, you lack standing to appeal under Section 21-06.01 of the Land Development Code. However, you are certainly free to express your concerns when this case is heard by the City Council at the June 3, 2019 public meeting. Sincerely, Glenn A. Irby Interim City Manager Office of the City Manager P.O. Box 100 • Edgewater, FL 32132-0100 (386) 424-2400 ext. 1201 • Fax (386) 424-2421 www.cityofedgewater.org From:Ken Hooper To:Darren Lear Cc:Glenn Irby; Robin Matusick; Bonnie Brown Subject:Edgewater Marina Date:Monday, May 20, 2019 5:12:47 PM Darren; I reviewed the engineering plans submitted to the City and attached documentation and have some comments that I would request you or TRC review. 1. The zoning application requests that the City include the Public ROW for rezoning. 2. The number of seats in the restaurant is shown to be 156 and 168 which is correct? 3. The water and sewer demand calculation does not include a determination of sufficient fire flow to the site. 4. The liftstation that receives this additional peak wastewater flow is likely substandard and has overflowed into the Thorhallsson home several times. I saw no mention of a determination that the sewer collection system can handle this increased wastewater flow. 5. The 100-year flood elevation is identified on the survey as elevation 6 feet. I find no mention of compensating storage in the engineering report. The land development code (section 21- 42.04) directs that no compensating storage can occur below the 100-year flood elevation and the City must use the “cup for cup” for creation of new storage. The same section of the code also states no compensating storage shall occur in retention ponds. A review indicates this site does not comply with the Code. 6. The land development code (section 21-53.04 (h)) states that no exfiltration system is permitted in Edgewater. If there is no other manner for incorporating stormwater, soil boring must be completed in the area of the exfiltration trench. A review of the boring sites contained in the soils engineer’s reports indicated the sites for the boring were not the three pond or along the proposed exfiltration trenches. Please have the Flood Plain Administrator review these issues. 7. In summary, approximately 350 feet of 15-inch RCP pipe deliver stormwater to three pond which have a single direct outfall to the Indian River. Please review and comment. Ken Hooper From:Darren Lear To:Bonnie Brown Subject:FW: Stormwater permit Date:Tuesday, May 21, 2019 11:11:06 AM From: Ken Hooper [mailto:khooper@peconline.com] Sent: Tuesday, May 21, 2019 10:12 AM To: Glenn Irby; Darren Lear Cc: Robin Matusick; msolik@dotysoliklaw.com Subject: Stormwater permit Mr. Irby, Mr. Lear, Ms. Matusick: At the recent P&Z hearing (Edgewater Marina) Parker Mynchenberg P.E. indicated that a stormwater permit has/would be issued by FDEP for the marina. The FDEP has stated in a previous pre- application meeting dated 4-18-2016, that the use of Boston ROW for location of stormwater ponds would require a legal agreement/memorandum or the City would have to be a co-applicant. My question is as follows: has the City completed a legal agreement for use of the Boston ROW for stormwater or has the City made application as a co-applicant. Those attending the meeting at FDEP include Mr. Kowalski, Jack Brown, Darren Lear, Randall Coslow P.E., Tracey Barlow, John Palmer (ACOE) and Bill Cross (developer’s engineer of record at the time). I have recently learned the submerged land lease (number 640002544) issued by the State of Florida for 2001 S. Riverside Drive has expired and considered revoked/cancelled/rescinded. The owner/applicant will have to initiate a new application for a submerged land lease but keeping in mind that the submerged land will continue to belong to the State of Florida and remain in its care, custody and control. Furthermore, perhaps you were unaware that the expired lease contained language that prohibits any uses other than commercial boating with no fueling facilities or waste pump station for commercial moorings and expiring as of August 2018. Since all docks, mooring facilities and uses have been removed, the State of Florida has revoked the expired lease permanently. As stated previously, there is a plat (1946) of this area that designates the Boston Road as a Public road dedicated to the public Forever. The city of Edgewater, thereby, is considered the custodian and cannot arbitrarily give the ROW to whomever it chooses because all of our lots of record depicted in this plat are part of the Public Forever. I would suggest that the item concerning the consideration of rezoning this parcel as a marina be placed on hold until the major issues are resolved and understood by the city, developer and surrounding and adjacent residents. Ken Hooper Edgewater Marina – Response to Additional Questions 1 1. The zoning application requests that the City include the Public ROW for rezoning. The transmittal letter from Parker Mynchenberg included with the application does include the ROW in the project description; however, the proposed Ordinance and Zoning Map do not include the ROW. 2. The number of seats in the restaurant is shown to be 156 and 168 which is correct? The Site Plan was originally submitted on August 21, 2018 and has been revised several times; the most recent Site Plan submitted on April 12, 2019 indicates a 156 seat restaurant. 3. The water and sewer demand calculation does not include a determination of sufficient fire flow to the site. Installation of the fire sprinkler system will require a separate permit. Line size will be determined by the Fire Engineer at that time, which may be different from the current site plan. Fire flow does not have any impact on sewer demand. 4. The lift station that receives this additional peak wastewater flow is likely substandard and has overflowed into the Thorhallsson home several times. I saw no mention of a determination that the sewer collection system can handle this increased wastewater flow. The wastewater collection system has sufficient capacity to receive the increase in flow from the proposed development. The receiving Lift Station was refurbished in October of 2013. Historic issues which resulted in back-ups at the Thorhallsson property were corrected several years ago with the installation of a check valve . 5. The 100-year flood elevation is identified on the survey as elevation 6 feet. I find no mention of compensating storage in the engineering report. The land development code (section 21-42.04) directs that no compensating storage can occur below the 100-year flood elevation and the City must use the “cup for cup” for creation of new storage. The same section of the code also states no compensating storage shall occur in retention ponds. A review indicates this site does not comply with the Code. Response from Engineer of Record: “It has been our past experience with permitting projects near the intracoastal waterway (ICW) that the St Johns River Water Management District (SJRWMD) as well as the Florida Department of Environmental Protection (FDEP) do not apply the design criteria for 100-yr flood plain impacts. Their reasoning is that the receiving water body functions as a boundary condition. For development along the ICW, a boundary condition can be defined as a node in which no matter how much volume is introduced, it will not raise the elevation of that receiving water body. The Edgewater Marina project was recently permitted by the FDEP without requiring 100-yr compensatory storage. It was important to the FDEP and the City to accommodate offsite flows and assure that they are routed to the ICW, however, a specific area set aside for flood plain impacts was not a requirement.” Response from City Engineer: FDEP issued an Environmental Resource Permit on 11/15/2018 for the proposed work. I confirmed with the signatory on the permit, Nathan Hess – Program Administrator for Permitting, that FDEP includes consideration of floodplain impacts as part of their review process. Mr. Hess stated that the issuance of their permit represents a determination that the proposed work would not cause or contribute to adverse impacts in the floodplain. Section 21-53.02 states “it is the intent of the City to Edgewater Marina – Response to Additional Questions 2 accept stormwater permits issued by SJRWMD in lieu of a City required permit”, in this case FDEP was the issuing agency via an operating agreement with SJRWMD. 6. The land development code (section 21-53.04 (h)) states that no exfiltration system is permitted in Edgewater. If there is no other manner for incorporating stormwater, soil boring must be completed in the area of the exfiltration trench. A review of the boring sites contained in the soils engineer’s reports indicated the sites for the boring were not the three pond or along the proposed exfiltration trenches. Please have the Flood Plain Administrator review these issues. The City Engineer has reviewed the plans and all associated calculations and finds them to be acceptable. 7. In summary, approximately 350 feet of 15-inch RCP pipe deliver stormwater to three pond which have a single direct outfall to the Indian River. The engineered stormwater system provides for pollution abatement and discharge attenuation of runoff generated onsite, including from Boston Road ROW. The design also accommodates existing offsite flow which currently routes overland along Boston Road ROW to the Indian River. 8. At the recent P&Z hearing (Edgewater Marina) Parker Mynchenberg P.E. indicated that a stormwater permit has/would be issued by FDEP for the marina. The FDEP has stated in a previous pre-application meeting dated 4-18-2016, that the use of Boston ROW for location of stormwater ponds would require a legal agreement/memorandum or the City would have to be a co-applicant. My question is as follows: has the City completed a legal agreement for use of the Boston ROW for stormwater or has the City made application as a co-applicant. Those attending the meeting at FDEP include Mr. Kowalski, Jack Brown, Darren Lear, Randall Coslow P.E., Tracey Barlow, John Palmer (ACOE) and Bill Cross (developer’s engineer of record at the time). A Non-Exclusive Use Agreement is being drafted and shall be executed by the City and Developer upon adoption of the BPUD Agreement. The Use Agreement between the City and Developer shall specify that the Developer is responsible for maintenance of the proposed improvements within the ROW. 9. I have recently learned the submerged land lease (number 640002544) issued by the State of Florida for 2001 S. Riverside Drive has expired and considered revoked/cancelled/rescinded. The owner/applicant will have to initiate a new application for a submerged land lease but keeping in mind that the submerged land will continue to belong to the State of Florida and remain in its care, custody and control. Furthermore, perhaps you were unaware that the expired lease contained language that prohibits any uses other than commercial boating with no fueling facilities or waste pump station for commercial moorings and expiring as of August 2018. Since all docks, mooring facilities and uses have been removed, the State of Florida has revoked the expired lease permanently. Currently there are no plans for any development within the submerged land. Development would be permitted separately. The fuel tank indicated on the site plan shall also be permitted separately. The location of said fuel tank may be adjusted based on Life Safety/Fire Code requirements. Edgewater Marina – Response to Additional Questions 3 10. As stated previously, there is a plat (1946) of this area that designates the Boston Road as a Public road dedicated to the public Forever. The city of Edgewater, thereby, is considered the custodian and cannot arbitrarily give the ROW to whomever it chooses because all of our lots of record depicted in this plat are part of the Public Forever. Boston Road is not being vacated or deeded to the Developer; the City and Developer will enter into a Non-Exclusive Use Agreement which permits the use and access of Boston Road as well as improvements to the roadway and stormwater system reducing stormwater impacts on adjacent properties. 1. (Thorhallsson) As an adjacent property owner to the proposed Edgewater marina, I request that my name be added to the appeal. This is based on the potential risk of loss of commercial use of my property, also known to the city as the Seven Mile Fish Camp. Other challenges regarding safe and reasonable access to my property, the increased potential for property flooding and impact on the community have already been identified. Access to 205 Boston Road has been addressed on the Site Plan and in the Non-Exclusive Use Agreement. The access points have been designed to send stormwater into the adjacent ponds; a slight pitch is included in the design to allow the public stormwater to remain on public property and not drain to the adjacent residential property. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4200,Version:1 COUNCIL AGENDA ITEM SUBJECT: City Council’s appointment to the Library Board (Recommendation by Councilwoman Power). DEPARTMENT: City Clerk City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive Edgewater, Florida 32132 citycl erk@ cityofedgewater_ org Phone (386) 424-2400 X 1102 FAX: (386) 424-2410 ADVISORY BOARD APPLICATION Please chcx ac Hxx Board(%) fix whish you wish in apply. U apM-ing for more than one Bo2rd, you most number in order of your Preference. Animal Control Board x Library Board Construction Board of Adjustments & AppeaLs Firefighters Pension Hoards Veterans Park Advisoxy Comrrritfee HC )MMIC DcvclopMent Board Members of the Boards with an asterisk (s) are PERSONAL INFORMATION Name Dr. Tammy Ryan Citizen Code Enforcement Hoard . Police Pension Boards Recreation & Cultural Services Board Planning & 7Aming Board Scbool Scholarswii Conumtlee General Employee Pension Board* to file a Financial Disetosure form within 30 days of Address 700 South Riverside Drive Edgewater, FL 32132 Home Phone 904-570-1850 E -Mail Address tryan2222@gmail_com Busimss/Cell Phone 904-570-1850 Occupation Retired Professor Reading Educ atiC Are you a resident of Edgewater? Yes how long 3 Year Is your principal place of employment in Edgewater? Retire Are you currently serving on a City Board? No If yes, when and which Board? Have you ever served on a City Board? No REFERENCES — Please list three business and/or personal P: Glenn Barnhill 602 S. Riverside Drive Edgewater, FL 32132 386-871-4675 Name, address and phone B: Jen Vhrachoff 4915 Glade Hill Street Jacksonville, FL 32207 904704-6212 Name, address and phone B: Andrea Thoermer 9432 Preston Trail West Ponte Vedra Beach, FL 32082 904-814-7391 Name, address and phone EDUCATION High School Oak Ridge H.S_ Orlando, Florida College University of Georgia PhD; University of Florida BA Degrec(s) UGA PhD Reading Education, Language and Literacy; OF BA Elementary Education WORK EXPERIENCE 2018-2019 Consultant for Literacy Programs Jacksonville University & Univer-c Associate Tenured Professor, School of Education, Jacksonville University 2008-2017 Lecture, University of Georgia 2005-2006 INTEREST/ACTIVITIES Volunteering to support after school readingAiteracy programs Consulting and serving on advisory boards that focus on community reading, literacy topics and issue Recently Retired, live full time in Edgewater_ Looking to use my experiences to support literacy initiatii COMMUNITY INVOLVEMENT Seared on mayor's literacy advisory board in Jacksonville_ Offered literacy workshops to library staff in Jacksonville & Children's Commission, support after scho Want to serve Edgewater beyond tutoring children in reading, supporting local events & local libraries WHY DO YOU DESIRE TO SERVE ON THI&THESE BOARD(S)? Books & reading are my passion. Enjoy using my experiences & training to encourage all ages to become Frfe-long readers. Interested in continuing to serve on community boards to make differences in literacy outcomes. Enjoy supporting local libraries in all ways, opened one in Costa mica, EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR Have experience working with library initiatives and programs in Jacksonville_ Grant writer, team player, reading workshop presenter, advocate for local libraries. Served on mayor's literacy advisory board in Jacksonville, Jacksonville ChYdren's Commission, other; A resume or separate sheet with additional information may be included with your application_ Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. -1� / May 22, 2019 Signature /) / Date OFFICE USE ONLY Date application received Date appointed to board Board appointed to Date resigned from board _ _ 2 iw4-%t May 28, 2019 Dear City of Edgewater Florida, I’m applying for the Library Advisory Board vacancy position. Attached to this cover letter is my application and Curriculum Vita. I have spent many years as a tenured literacy/reading professor serving on various boards in the Jacksonville community to support children and family reading experiences. I’m recently retired from Jacksonville University and living full-time in Edgewater, FL. I’m seeking ways to continue my interest and experiences as a community volunteer in Edgewater and Volusia County. My past community, volunteer, experiences focused primarily on helping underserved populations, children and families, have access to books and quality reading experiences. These experiences include, but are not limited to, working with Jacksonville Children's Commission, Jacksonville Public Education Fund, and serving on the mayor’s Gradnation Summit and literacy advisory board. My participation involved acquiring materials through local and national donations and grants, providing presentations, holding discussion groups, supporting community needs through think tanks, etc. Furthermore, I created, Cities that Read, offered literacy/reading workshops to Jacksonville Library children’s program staff, and organized library tutoring services. I also supported parent/volunteer reading initiatives at Big Brothers Big Sisters, Boys and Girls Club, Mayor’s Mentors, through my campus reading center, and others. Always the focus centered on bringing awareness and positive change to any age reader’s literacy experiences and outcomes. I also travel yearly with books to Guatemala to support parents and educators on the importance of books and reading to increase literacy rates. I opened the first library in Uvita, Costa Rica. This small primary rain forest community lacked books in and outside of school. I worked with an afterschool program, brought 500 books, established a check out system, and provided the community with workshops on book care and ways to establish reading routines at home. As you can see, across my adult life, I have had a profound interest in and passion for books and creating positive reading experiences. My degrees have expanded how I use my interest and passion to work with and supported various community initiatives and programs. I’m very interested in filling the Edgewater Library advisory board position to support the important work completed by the board. Thank you for your consideration, and I look forward to hearing from you soon. Sincerely, Dr. Tammy Ryan Former Professor of Reading Education Jacksonville University School of Education tryan2222@gmail.com 904-570-1850 DR. TAMMY RYAN 700 South Riverside Drive Edgewater, Florida 32132 (904) 570 -1850 tryan2@ju.edu EDUCATION Ph.D., Reading Education, August 2008 University of Georgia, Athens, Georgia Dissertation: Using Walk Talk Words to Improve First-Grade Students’ Vocabulary Development M.S., Elementary Education, August 1995 Nova Southeastern University, Ft. Lauderdale, Florida B.A., Elementary Education, June 1983 University of Florida, Gainesville, Florida ACADEMIC POSITIONS Reading Endorsement Program Consultant, Developer, Professor, Jacksonville University, Jacksonville, FL (2017 - present) Associate Tenured Professor, Jacksonville University, Jacksonville, FL (2014 - 2017) Director of Master of Education Online Degree Program, Jacksonville University, Jacksonville FL (2013-2016) Assistant Professor, Jacksonville University, Jacksonville, FL (2008 - 2014) Lecturer, University of Georgia College of Education, Athens, GA (200 5 - 2006) Teaching Assistant , University of Georgia College of Education, Athens, GA (2005 - 2005) CURRICULUM DEVELOPMENT Ryan, T. (2008 -present) Develop, maintain, oversee, and teach Reading Endorsement program courses; designer of Reading Program Folio and Florida’s Just Read Matrix for Five-year Teacher Education program, Jacksonville University, Jacksonville, FL Ryan, T. (2018 -present) Develop Florida Just Read Matrix, teach graduate level Reading Endorsement courses, University of North Florida, Jacksonville, FL Ryan, T. (2011 -2017) Designed and directed Master of Education in Reading Education Online Degree Program, developed 12 online syllabi on Blackboard, Google Sites, and Google Drive, Jacksonville University, Jacksonville, FL Completed 60-hours in Orton-Gillingham multi-sensory approach. MRIE Regional Participant Fall 2018: Making Reading Instruction Explicit Just Read Florida Summer 2018 Literacy Institute Participant: Dyslexia and Other Reading Difficulties COURSES TAUGHT ELE 311 Foundations of Reading Instruction ELE 313 Application of Research Based Instructional Reading Practices ELE 413 Foundations of Reading Assessments ELE 417 Foundations and Application of Differentiated Instruction ELE 501 Demonstration of Reading Accomplishments READ 501 Foundations of Elementary Reading Instruction READ 505 Methods of Teaching Elementary Language Arts READ 510 Administration and Interpretation of Reading Assessments READ 520 Supervised Reading Practicum READ 525 Reading Research READ 530 Diagnosis of Reading Disabilities READ 535 Literature for Children and Adolescents READ 550 Supervised Reading Practicum II EDU 486/586 Methods of Teaching Secondary Reading Instruction in the Content Areas CLASSROOOM EXPERINECE K-12 Literacy Coach Grades K -2, J. G. Dyer Elementary School, Dacula, GA (2006) First, Second Grade Teacher, Freeman Elementary School, Dacula. GA (2001-2003) Second, Third, Fourth Grade Teacher, Nova Southeastern University Lower School, Ft. Lauderdale, FL (1986-1996) Second Grade Teacher, St. Bartholomew Catholic School, Miramar, FL (1985-1986) Sixth, Seventh Grade Remedial Reading Teacher, McNi col Middle School, Hollywood, FL (1984 -1985) Sixth Grade Chapter One Teacher, Floral Heights Elementary School, Miami, FL (1983 -1984) PROFESSIONAL CERTIFICATIONS State of Florida Professional Educator Certificate #512280 1994-2019 Subject Areas: Elementary K-6 RECOGNITION FIELD OF READING EDUCATION Jacksonville University Faculty Award for Research, Scholarship, Professional Activities 2016 Received University of Florida Alumni Spotlight 2015 Jacksonville University Woman of the Year 2014 GradeNation Community Summit Teacher Recognition recognized for 2014 Making Differences in Duval County by Mayor Brown and Duval County Superintendent Nickolai Vitti. AWARDS JU Faculty Award Scholarship & Professional Activities 2016 Ladies Lacrosse Professor Of The Year 2016 Jacksonville University Faculty Research Grant 2013 Exploring the Possibilities: Using iPads to Enhance Teaching and Learning, awarded $1409 Jacksonville University Faculty Research Grant 2010 Fostering Urban Children’s Vocabulary Development Using Walk Talk Words a Systematic and Explicit Vocabulary Approach , awarded $2000 Jacksonville University Cohort of Service-Learning Development Research Grant awarded $750 2010 Jacksonville University Cohort of Service-Learning Course Development Grant awarded $600 2009 Jacksonville University Marilyn Repsher Center for Teaching and Learning Scholarship of 2009 Teaching and Learning (SoTL) Scholar Grant awarded $1500 Jacksonville University Center of Teaching and Learning Online Design Training awarded $500 2009 Magna Cum Laude, The National Scholars Honor Society, 2008 Alpha Upsilon Alpha, Honor Society of the International Reading Association 2009 Kappa Delta Pi, Educational Honor Society 1983-present BOOKS AND BOOK CHAPTERS Bowers, E, Laster, B., Gurvitz, D., Ryan, T., Cobb, J., & Vazzano, J. (2017). Using video reflection and virtual supervision to build reflective capacity in a clinical practicum setting in Josephine Ryan, Robyn Brandenbury, Melita Jones, and Kathryn Glasswell (editors) Reflective Theories in Teacher Education Practice. Springer: Ryan, T., Laster, B., & Cobb, J. (2016). Guatemala and United States Collaborative Partnership Renews Teaching and Learning. In P. Blessinger and B. Cozza (Eds.), University Partnerships for Preservice and Teacher Development: Innovations in Higher Education Tea ching and Learning . Emerald Group Publishing. Wilson, C., Horner, D., Ryan, T., Green, R., & Hanlon, A. (2016). University Partnerships for Preservice and Teacher Development. In P. Blessing and B. Cozza (Eds.), University Partnerships for Preservice and Teacher Development: Innovations in Higher Education Teaching and Learning. Emerald Group Publishing. Cobb, J., Ryan, T., & Laster, B. (2015). Renewal in the land of eternal spring: Teacher educators reflecting on their practice. In J. Rhodes and T. Milbey (Eds.), Advancing Teacher Education and Curriculum Development t hrough Study Abroad Programs, Pennsylvania: IGI Global. Ryan, T. (2013). Designing an off-campus clinic. In E.T. Ortlieb & E. H. Cheek (Eds.), Advanced Literacy Practices: From the Clinic to the Classroom . Emerald Group Publishing. Deeney, T., Dozie r, C., Smit, J., Davis, S., Laster, B., Applegate, M. D., Cobb, J., Gaunty -Porter, P., Gurvitz, D., McAndrews, S., Ryan, T., Eeg, M., Sargent, S., Swanson, M., Dubert, L., Morewood, A., & Milby, T. (2011). University clinic experiences that promote transfer to school contexts: What matters in clinical teacher preparation. In P. Dunston, L. Gambrell, K. Headley, P. Stecker, S. Fullerton, V. Gillis, & C. C. Bates (Eds.). 60th Yearbook of the Literacy Research Association. Milwaukee, WI. Labbo, L. D., & Ryan, T. (2010). Traversing the literacies landscape: A semiotic perspective on early literacy acquisition and digital literacies instruction. In B. A. Baker (Ed.), The new literacies: Multiple perspectives on research and practice. New York: Guilford Press. Labbo, L.D., Love, M.S., Park, M., Hubbard, B., & Ryan, T. (2006). Literature links: Thematic units linking read - alouds and computer activities. Newark, DE: International Reading Association. JOURNAL ARTICLES Laster, B., Tysseling, L., Stinnett, M., Wilson, J., Cherner, T., Curwen, M., Ryan, T., and Huggins, S. (2016). Effective Use of Tablets (iPads) for Multimodal Literacy Learning: What We Learn from Reading Clinics/Literacy Labs. The App Teacher. http://appedreview.com/blog/effective-use-tablets-ipads-multimodal-literacy-learning-learn-reading-clinicsliteracy-labs/ Ryan, T. (2014). All children deserve a quality reading education. SouthEast Education Network, 116.1, 117 -118. Ryan, T. (2012). Digital teachers reshaping literacy experiences. Kappa Delta Pi Record, 48(2), 92 -94. Labbo, L. D., Love, M. S., & Ryan, T . (2007). A vocabulary flood: Making words “sticky” with computer response activities. The Reading Teacher, 60(6), 582- 588. Labbo, L. D., & Ryan, T. (2006) The social semiotics of multimedia, case -based instruc tion in pre -service teacher literacy methods courses. Journal of Reading Education, 32(1), 38- 41. Labbo, L. D., Love, M. S., & Ryan, T . (2006). Informing our vision for literacy through technology. Language Arts , 83(5), 453. INVITED INTERNATIONAL LITERACY ASSOCIATION ONLINE SEGMENTS Ryan, T. (2017, June). Use E-Mentoring to Engage, Enhance, and Support Summer Reading. https://www.literacyworldwide.org/blog/literacy-daily/2017/06/16/use-e-mentoring-to-engage-enhance-and- support-summer-reading Ryan, T. (2016, December). Using Photos to Support Reading and Writing. http://www.literacyworldwide.org/blog/literacy- daily/2016/12/02/beyond-the-audiobook-using-audio-to-support-literacy-learning Ryan, T. (2016, July). 2015 ILA Technology and Literacy Award Winners Help Students Become Lifelong Readers. literacyworldwide.org/…/2015-ila-technology-and-literacy-award-winners-help-students-become-lifelong-readers Ryan, T. (2015, July). Using mobile devices and apps to crea te and manage classroom libraries http://www.literacyworldwide.org/blog/digital-litera cies/literacy-daily/2015/07/31/using -mobile -devices -and- apps-to-create-and-manage-classroom -libraries Ryan, T. (2014, August). IRA Technology and reading award winner brings positive change to title 1 students. Available: http://www.reading.org/reading-today/post/engage/2014/08/01/ira -technology-and-reading -award - winner-brings -positive -change-to-title -1 -students#sthash.vgJALkQt.dpuf Ryan, T. (2013, September). TILE-SIG Feature: Using Apps to Facilitate V ocabulary Learning. Available: http://www.reading.org/reading-today/post/rty/2013/09/06/tile -sig -feature-using -apps-to-facilitate -vocabulary- learning#sthash.lKgxHBpD.dpuf Ryan, T. (2013, June). TILE -SIG Feature: Award winner engages students through social networking, mobile devices. Available: http://www.reading.org/general/Publications/blog/BlogSinglePost/reading -today- online/2013/06/14/tile -sig-feature -award -winner-engages -students-through-social-networking -mobile - devices#.UdrH2PvD -ZM Ryan, T. (2012, November). Tile -Sig Feature: Educational blogs informing teaching and learning. Reading Today Online. Available: http://www.reading.org/general/Publications/blog/featured -articles.aspx Ryan, T. (2012, July). Tile -sig announces 2012 reading research award recipient. Reading Today Online. Available: http://www.reading.org/general/publications/blog/blogsinglepost/12-07-06/tile - sig_announces_2012_reading_research_award_recipient.aspx Ryan, T. (2012, June). Tile -sig feature: Create “internet” professional development journeys this summer. Reading Today Online. Available: http://www.reading.org/general/Publications/blog/BlogSinglePost.aspx/12-06- 15/TILE-SIG_Feature_Create_“Internet”_Professional_Development_Journeys_this_Summer.aspx Ryan, T. (2011, November). Regional winners of IRA award for technology and reading use digital technologies to transform teaching and learning. Reading Today Online. Available: http://www.reading.org/General/Publications/blog/BlogSinglePost//11-11 - 04/Regional_Winners_of_IRA_Award_for_Technology_an d_Reading_use_Digital_Technologies_to_Transfor m_Teaching_and_Learning.aspx INTERVIEWS New4Jax (February, 2015) by Joy Purdy, Learn to improve reading education for the child in your life. http://www.news4jax.com/news/learn-to-improve -reading -education -for-the-child-in-your-life/310609 94 Times Union Article (May 9, 2014) by Tracey Jones , If your child is reading online more than books, are they comprehending less? http://members.jacksonville.com/news/schools/2014-05-09/story/if -your -child-reading - online -more-books-are -they-comprehending -less#.U9FL7SGO1eo.email Times Union Article (January 24, 2014) by Cristin Wilson, Making school a place of Full -Circle Learning http://jacksonville.com/news/schools/2014-01-24/story/making -school-place -full-circle-learning . Times Union Article (January 28, 2014). JU to host its first reading teachers’ conference this Saturday http://jacksonville.com/news/metro/2014-01-28/story/ju -host -its-first-reading -teachers-conferencsaturday First Coast Connect Radio Interview (December 6, 2012). Dr. Ryan and JU SOE students talk about the reading lab’s partnership with Boys and Girls Club and how tutoring services provide support to develop the children’s reading and writing. http://ondemand.wjct.org/audio/december-6 -2012 JU WAVE weekly (November 16, 2012). JU student reading t utors highlighted in Florida Times -Union http://waveweekly.ju.edu/?p=2969 The Florida Times-Union Jacksonville.com (November 2012). JU students who tutor Duval county youngsters in reading seen as a win -win. http://jacksonville.com/news/metro/2012 -11 -14/story/ju -students-who -tutor-duval - county-youngsters-reading -seen-win-win RESEARCH PROJECTS LRA Video for Assessing Teacher Knowledge and Reading Assessment and Instruction Subgroup of the LRA Reading Clinic/Literacy Lab Study Group (2011 -2017). Bowers, E., McAndrews, S., Msengi, S. Ryan, T., Stevens, N., Tysseling, L.A., Vazzano, J., & Zimmerman, B. A national team of reading education researchers is exploring the development of an authent ic assessment to measure reading teacher/specialist candidates’ abilities to use assessment to plan instruction. LRA Video for Teacher Reflection Subgroup of the LRA Reading Clinic/Literacy Lab study group (2011 -2017). Bower, E., Cobb, J., Gurvitz, D., Laster, B., Vassano, J., & Ryan, T. A national team of reading education researchers is exploring how video and other technologies are being used in reading clinics across multiple sites to enhance teacher reflection and if the video enhances teacher reflection. Transfer and Transformati on: What Reading Clinic/Literacy Lab Graduates’ Current Practices and Contexts Mean for Clinic/Lab Instruction 2010 National Reading Council Clinic Research (2010 -2017) Deeney, T., Dozier, C., Laster, B., Applegate, M. D., Cobb, J., Dubert, L., Eeg, M., Gaunty -Porter, D., Gurvitz, D., McAndrews, S., Milby, T., Morewood, A., Ryan, T., Sargent, S., & Swanson, M. A national study that investigates how teacher training in a reading lab/clinic transfers and transforms practice to a school setting. Walk Talk Words: Fostering Urban Children’s Vocabulary Development Jacksonville University, Jacksonville, FL (2010 -2017) Ryan, T. Using a formative experiment design, this study collaborated with a Boys and Girls Club to investigate ways to accelerate urban children’s tier 2 vocabulary through digital technologies and thematic, hands-on events. Exploring the Possibilities: Using iPads to Enhance Teaching and Learning Subgroup of the LRA Reading Clinic/Literacy Lab Study Group (2012-2014) Laster, B., Tysseling, L. A., Stinnett, M., Cherner, T., Wilson, J., Ryan, T., Huggins, S., Sauceda- Curwen, M., Martinez-Alba, G. (2012 -present). Partially funded research through Jacksonville University Faculty Award; served as faculty sponsor for JU SOE students who worked on study: Kayleigh Kennedy, Olivia Wardle, Ally Lee, Cassandra Carter, Nikki Erdely, Faculty Sponsor: Integrating digital technologies into instructional routines can better prepare today’s students for participation in a global world. This study explored ways that pre-service teachers might integrate iPads and apps with traditional forms of reading instruction. Subjects included eight pre -service teachers, the course instructor, and eight children of a Boys and Girls Club. Lessons integrated traditional forms o f reading instruction on an iPad through choosing literacy apps and sites. Qualitative data included weekly lesson plans, reflections, student work samples, instructor anecdotal notes, and video clips of tutoring sessions. Quantitative data included a five question, pre/post survey completed by the pre -service teachers. Just a Click Away: Using Biweekly Informal Assessments to Improve Retention, Performance, and Metacognition Skills Jacksonville University, Jacksonville, FL (2009) Ryan, T. In an effort to improve retention, performance, and metacognition skills in a Reading Strategies course, this study integrated various biweekly, informal self-monitoring assessments into a learner -centered instructional format to assist students to internalize and transfer reading strategies to other courses. Walk Talk Words: Using Tier Two Words, Text Talk, and Digital Language Experience to Improve First -Grade Students Vocabulary Development University of Georgia, Athens, GA (2007-2011) Ryan, T. Using a formative design to partner with teachers, this study explored literacy practices to transform vocabulary instruction. Walk Talk Words focused on storybook read -alouds, nonstorybook activities, and digital technologies to improve students’ vocabulary development. Results showed that students learned more Tier Two words when included in D -LEA activities as identified on word knowledge assessment; results demonstrated that teachers moved beyond storybook read-louds to hands -on experiences to target and teach robust words. Vocabulary Flood University of Georgia, Athens, GA (2005-2008) Labbo, L., Love, M., Ryan, T. Using a formative experiment, this study investigated ways to accelerate urban children’s engagements with vocabulary using a vocabulary flood intervention that used digital cameras as a response to literature enhancements. Research was conducted in the lowest performing school in the southeastern region of the US. The research team consisted of three researchers, one reading coach, one school librari an, and seven K -2 teachers. Results showed significant gains in children’s receptive and expressive vocabularies. Case Technologies to Enhance Literacy Learning (CTELL) University of Georgia, Athens, GA (2004-2008) Labbo, L., Kinzer, C., & Leu. D. Member of the Research Project Team at the University of Georgia. This research sponsored by IERA G. Grant ($ 5.5 million dollars) investigated ways digital technology might enhance beginning reading instruction and explored the effectiveness of digital anchor cases in preparing pre -service teachers to positively impact children's reading achievement and development in grades K-3. Using Technologies to Develop Literacy in Children Experiencing Difficulty Reading and Writing University of Georgia, Athens, GA (2003-2004) Commeyras, M., Labbo, L., Middleton, J., Dwight, T., Ryan, T., Edwards, N., Love, M., Waugh, K., Fogarty, G. This study examined the use of supportive digital technologies to accomplish reading and writing tasks. The study enhanced our own and others expertise in helping children learn to read through a series of cas e studies that contributed to improving teacher education in reading and writing instruction while providing effective instruction to children NATIONAL AND INTERNATIONAL PRESENTATIONS Ryan, T. (2018, February). Using Two Voiced Poem to Increase Reading Co mprehension. Workshop presented at the Guatemala Reading Association Conference, Guatemala City, Guatemala. Ryan, T. (2017, February). Using Reader’s Theater to Teach Reading. Workshop presented at the Guatemala Reading Association Conference, Antigua, Guatemala. Laster, B., Rhodes, J., Ryan, T. Huggins, S., & Stinnett, M. (2016, December). Crossing the Second Digital Divide: Teachers Use the Power of Apps. Paper presented at Literacy Research Association Annual Conference. Nashville, Tennessee. Laster, B, Ryan, T., & Cobb, J. (2016, December). Renewal in the Land of Eternal Spring: Literacy Teacher Educators in Guatemala. Paper presented at Literacy Resear ch Association Annual Conference. Nashville, Tennessee. Ryan, T. (2016, June). Using Writing to enhance Reading Development . Workshop presented to staff and parents in Uvita, Costa Rica Forjando Alas Kid’s Club. Ryan, T. (2016, February). Engagement in Literacy Experiences. Workshop presented at the Guatemala Reading Association Conference, Quetzaltenango, Guatemala. Tysseling, L. A., McAndrews, S., Msengi, S., Vazzano, J., Ryan, T., Bowers, E. Stevens, N., Zimmerman, B. (2015, December). Video assessment of reading teacher knowledge and skill. Presented at Literacy Research Association Annual Conference. Carlsbad, CA. Ryan, T. (2015 July ). How to engage children in reading to develop comprehension through read alouds . Presented to Forjando Alas teachers and parents. Uvita, Costa Rica. Cobb, J., Ryan, T., & Laster, B. (2015, accepted March). Renewal in the land of eternal spring: Teacher educators reflecting on their practice . Presented poster session at CIES/Comparative and International Education Society Conference Washington, D.C. Ryan, T. (2015, February). Learn Various Instructional Techniques that Motivate and Engage Students in Literacy Experiences . Workshop presented at the Guatemala Reading Association Conference, Quetzaltenango, Guatemala. Ryan, T. (2015, February). Quotation mingling and supporting your position as instructional techniques to engage middle school students in reading for deeper comprehension . Workshop presented at San Bernidito School, Guatemala City, Guatemala. Ryan, T. (2014, June). Oral Expresion, Participacion activa, Motivacion: Escritura, y Compréhension . Session presented in fi ve schools and one after-school agency, uVita, Costa Rica. Ryan, T. (2014, May). Intentional teaching with technology to increase understanding, empathy, and engagement. IRA Research Institute presented round table session at the 59 th Annual Internation al Reading Association Conference, New Orleans, Louisiana. Ryan, T. (2014, February). Using images to develop comprehension. Workshops presented at the Guatemala Reading Association Conference, Guatemala City and Quetzaltenango, Guatemala. Ryan, T. (20 13, February). Using pictures and discussions to develop reading and higher order thinking skills. Session presented at the Guatemala Reading Association Conference, Guatemala City, Guatemala. Bowers, E., McAndrews, S., Msengi, S. Ryan, T., Stevens, N., Tysseling, L.A., Vazzano, J., & Zimmerman, B (2012, December). Video for assessing teacher knowledge and reading assessment and instruction . Alternative session presented and Literacy Research Conference, San Diego, California. Bower, E., Cobb, J., Gurv itz, D., Laster, B., Vassano, J., & Ryan, T. (2012, December). Video for teacher reflection. Alternative session presented at the Literacy Research Association 62 nd annual conference, San Diego, California. Ryan, T., & Hedrick, W. (2012, February). Using non-rhyming poems to improve teaching and learning in Guatemala City, Guatemala. Session presented at the Guatemala Reading Association Conference, Guatemala City, Guatemala. Ryan, T. (2012, April). Using walk talk words in an after -school boys and girls club program to foster urban children’s vocabulary development. Research Poster Session accepted for International Reading Association 57 th Annual National Convention, Chicago, Illinois. Sargent, S., Gaunty -Porter, D., Milby, T., Eeg, M., Ryan, T., Appleg ate, M., Bowers, E., Ortlieb, E., Peck, S. Swanson, M., Zimmerman, B., Gurvitz, D. (December 2011). Results of transfer and transformation from reading clinics/literacy labs: The 3rd year. Alternative Format Session presented at the Literacy Research Association 61st Annual Meeting, Jacksonville, Florida. Hall, K., Peacock-Preston, G., & Ryan, T. (November 2011). Nurturing knowledge from the coach to the teach of birth to 5-children: A professional development model. Alternative session presented at the National Association for the Education of Young Children, Orlando, Florida. Ryan, T. (2011, May). Using international children’s digital library and e-Pals for global collaboration and response. Invited Speaker Symposium Session presented at the Preconvention Institute at the International Reading Association 56 th Annual National Convention, Phoenix, Arizona. Deeney, T., Dozier, C., Laster, B., Applegate, M., Cobb, J., Dubert, L., Eeg, M., Gaunt y Porter, D., Gurvitz, D., McAndrews, S., Milby, T., Morewood, A., Ryan, T., Sargent, S., and Swanson, M. (2010, December). Preparing lab/clinic graduates to work through disjunctures. Alternative Format Session presented at the Literacy Research Associ ation 60th Annual Meeting, Ft. Worth, Texas. Ryan, T. (2009, December). Walk Talk Words: Using Tier Two Words, text talk, and digital language experience approach to improve first -grade students’ vocabulary development . Paper Session presented at the National Reading Conference 59 th Annual Meeting, Albuquerque New Mexico. Ryan, T. (2009, December). Text talk transforms teacher talk . Paper Session presented at the National Reading Conference 59th Annual Meeting, Albuquerque New Mexico. Ryan, T., Labbo, L . D. (2009, May). Technology matters -but what does it take to make it matter. Symposium Session presented at the International Reading Association 54 th Annual National Convention, Minneapolis, Minnesota. Ryan, T., Labbo, L.D. (2009, February). Making wor ds sticky through digital response to literature activities: a vocabulary flood. Invited Speaker Symposium Session presented at the Preconvention Institute at the International Reading Association 54th Annual National Convention, Phoenix, Arizona. Labbo, L. D., Ryan, T. (2008, December). Traversing the "literacies" landscape: A semiotic perspective on early literacy acquisition and instruction . Alternative Format Session presented at the National Reading Conference 58th Annual Meeting, Orlando, Flor ida. Ryan, T. (2008, May). Using walk talk, words: A method that combines tier words, text talk, and digital language experience approach to improve first -grade students’ vocabulary development. Research Poster session presented at the International Reading Association 53 rd Annual National Convention, Atlanta, Georgia. Labbo, L. D., Ryan, T. (2008, May) Using vocabulary flood and walk talk words to improve young children’s vocabulary development. Invited Speaker Symposium Session presented at the Preconvention Institute at the International Reading Association 53rd Annual National Convention, Atlanta, Georgia. Labbo, L. D., Love, M. S., Ryan, T. (2007, December). A vocabulary flood: Exploring lit eracy development during story talk and computer response activities in K -2. Paper Session presented at the National Reading Conference 57th Annual Meeting, Austin, Texas. Labbo, L. D., Ryan, T., Love, M. S. (2007, May). A vocabulary flood: Exploring at -risk K-2 students’ vocabulary development during story talk and computer response activities. Symposium Session presented at the International Reading Association 52 nd National Convention, Toronto, Canada. Labbo, L. D., Ryan, T., Love, M. S. (2006, Dece mber). Continuity and change: Framing the classroom complexities of literacy and technology. Symposium Session presented at the National Reading Conference 56 th Annual Meeting, Los Angeles, California. Baumann, J. F., Alvermann, D. E., Edwards, N., Ryan, T ., & Williams. L. (2006, December). Doctoral student research: Searching, (re)searching, musing and decision making. Bridging theory to practice: Exploring pragmatism in methodological decision -making. Symposium Session presented at the National Reading C onference 56th Annual Meeting, Los Angeles, California. Labbo, L. D., Love, M. S., Park, M. P., Hubbard, B., & Ryan, T . (2005, December). Enhancing young children’s responses to literature in the computer center. Paper Session presented at the National Reading Conference 55th Annual Meeting, Miami, Florida. Commeyras, M., Labbo, L. D., Middleton, J., Dwight, T., Edwards, N., Ryan, T., Love, M., Waugh, K., Roe, M., Maring, G., Doty, J., & Fickle, M. (2004, November ). Exploring the interface of technology and tutoring for literacy development . Alternative Format Session presented at the National Reading Conference 54th Annual Meeting, San Antonio, Texas. Labbo, L. D., & Ryan, T. (2004, May). Literature links: Connec ting books and computers in the Primary grades. Featured Speaker presentation at the International Reading Association 49th National Convention, Reno, Nevada. Labbo, L. D., & Ryan, T. (2004, April). The effectiveness of web -based, case technologies: Implications of expert teachers' knowledge of computer-related literacy instruction . Poster Session presented at the Annual Meeting of the American Educational Research Association, San Diego, California. LOCAL, REGIONAL AND STATE PRESENTATIONS Ryan, T., Sauer, A., & Prezas, R. (2015, September). Dyslexia: Serving struggling readers and bilingual children through multi-sensory methods and language-based techniques. Presented at TEACH conference, Jacksonville, Florida. Ryan, T. (2015, March 3). All teachers are teachers of reading. Workshop provided to faculty and administrators at St. Mark’s Episcopal Day School, Jacksonville, Florida. Celebrating Teachers Celebrating Reading Conference (February 1, 2015). Making bigger differences in reading outcomes with an M.Ed. in reading education. Breakout session presentation, Jacksonville University, Jacksonville, Florida. http://www.news4jax.com/news/learn-to-improve-reading-education-for-the-child-in-your-life/31060994 GradNation Summit (April 2014). Getting children reading on grade level, Panel s peaker at Summit breakout sessions, Jacksonville, Florida. Keynote address (April 10, 2014). Importance of reading, writing, and how poetry benefits reading fluency. Kappa Delta Pi Honorary Society in Education Literacy Alive event, Plantation Oaks Elementary School, Jacksonville, Florida. Invited address (April 22, 2014). How Guatemala workshops & Woodland Acres Boys and Girls Club service learning opportunities improve teaching and learning . Optimist Club, Jacksonville, Florida. Ryan, T., & Hedrick, W. (2012, October). Using non-rhyming poems to improve teaching and learning in Guatemala City, Guatemala. Session presented at the Florida Reading Association Annual Conference, Orlando, Florida. Ryan, T., & Haslem, L. (2011, August). Fostering urban children’s vocabulary development. Session presented at the Jacksonville Children’s Commission After-school Redesign Project Workshop, Jacksonville, Florida. Ryan, T. (2011, March). Fostering urban children’s vocabulary development Paper presented at Jacksonville University Faculty Symposium, Jacksonville, Florida. Ryan, T. (2011, March). Playground literacy: Using service -learning to transfer and transform reading instruction and learning . Paper presented at Jacksonville University Faculty Symposium, Jacksonville, Florida. Ryan, T. & Hall, K. (2010 August). Nurturing talk beyond storybooks. Talk presented to 67 birth -to-preschool Jacksonville Children’s Commission Literacy Coaches. Ryan, T. (2010) Transforming libraries to word consciousness playgrounds . Talk presented to 75 Jac ksonville Public Librarians. Ryan, T. (2010, March). Just a Click Away: Using biweekly informal assessments to improve retention, performance, and metacognition skills. Paper presented at Jacksonville University Faculty and Student Symposium, Jacksonville, Florida. Ryan, T. (2005, October). Using interactive storyboards, digital cameras, and other technology to scaffold, motivate, and enhance a beginning reader’s literacy acquisition. Session Presenter at the 39th Annual Georgia Association on Young Child ren Conference, Atlanta, Georgia. Ryan, T. (2005, March). Learn how technology scaffolds, motivates, and enhances emergent literacy. Concurrent Session presenter at Bright Beginnings…Promising Futures Conference, Atlanta, Georgia. Ryan, T. (2005, February). Learn how technology scaffolds, motivates, and enhances emergent literacy. Concurrent Session presenter at Georgia Reading Association Conference, Atlanta, Georgia. GRANTS Smart Technologies Corporation Seed Program Agreement, Using Walk Talk Words to Improve Urban Children’s Vocabulary Development , wrote for Woodland Acres Boys and Girls Club. Equipment Awarded to club for Research Exploration. State of Florida Department of Education Supplemental Educational Services Provide r, award $1400 per tutee. Best Buy Teach Award Using Digital Technologies to Enhance Vocabulary Development wrote for primary teachers at J. G. Dyer Elementary Awarded to Wendy Rutucky. Smart Technologies Corporation Seed Program Agreement Epson America , Inc. Loaner Evaluation Using Walk Talk Words to Improve First -Grade Students Vocabulary Development Equipment Loan Awarded to Tammy Ryan for Research Exploration, 2 Boards/frames and 2 83c projectors Toshiba American Foundation Science and Math Improve ment Grant Clean and Beautiful, wrote for Clean and Beautiful Committee at J. G. Dyer Elementary, awarded to Gwen Aumann, $1000.00 Best Buy Teach Award Thinking and Learning Together: Digital Language and Literacy Workshops, wrote for primary teachers at J. G. Dyer Elementary, awarded to Stuart Anderson, $2500.00 Best Buy Teach Award Using Digital Cameras to Enhance Literacy Learning, wrote for primary teachers at Freeman’s Mill Elementary, awarded to Cassie Reece, $2500.00 Toshiba American Foundation Science and Math Improvement Grant Using Literature and an Integrated Approach to Design a Butterfly Garden, awarded to Tammy Ryan, $950.00 NOMINATIONS/HONORS Jacksonville University Faculty Award for Excellence in Scholarship & Professional Activities 2015, 2014 2009 Jacksonville University Faculty Award for Excellence in Teaching 2015, 2009, 2008 Jacksonville University Faculty Award for Excellence in Community Service 2009 SERVICE – UNIVERSITY Member, Curriculum and Proposal Committee 2010-2017 Member, Faculty Recognition Dinner Committee 2011 -2014 Member, Jacksonville University Progra m Review 2009-2010 Member, Distance Learning Task Force and Advisory Board 2008-2009 SERVICE – SCHOOL OF EDUCATION Author, C onsultant Reading Endorsement , Just Read Matrix, & Program Folio 2008-present Director, Reading Education 2008-2017 Director, Reading Lab 2008-2017 Author Course Designer, Master of Science in Reading Education degree program 2011 -2017 Chair, Director of Assessment and Academic Planning Search Committee 2009-2010 Chair, Library Advisory Committee 2008-2011 Chair, Catalog Revision Committee 2008-2011 Member, School of Education Teacher Education Program Folio Review Commit tee 2008-2017 Member, Legacy Fund Committee 2008-2010 Co-Advisor, Kappa Delta Pi 2008-2009 SERVICE - COMMUNITY Mayor Brown's education advisory council board, Jacksonville, Florida. 2014-2015. Jacksonville Children’s Commission; Birth to Preschool Professional Development Committee 2010-2013 Jacksonville Children’s Commission Afterschool Redesign Project Committee 2010-2011 Big Brother Big Sister, Effective Tutoring Committee 2013-2014 Woodland Acres Boys and Girls Club, Literac y Development Committee 2009-2013 SERVICE – PROFESSION Reviewer Book Allyn & Bacon 2008-2012 Holcomb Pathways 2009-2014 Reviewer Journals Florida Reading Quarterly 2009-2017 Journal of Research in Childhood Education 2008-present Journal of Language and Literacy (JoLLE) 2006 Co-reviewer, Narrative Inquiry 2004 Reviewer International and National Conference Proposals Reviewer and Co-Chair of Proposal Reviews, National Reading Conference 2009-2011 Conference Proposals, Literacy National Research Conference 2005-2017 Research Poster Session Proposals, International Reading Association 2009-2017 Reviewer International Grant Proposals Technology Grant Proposal Reviewer, International Reading Association 2009-2017 Reviewer State Level Florida Department of Education Bureau of Educator Recruitment, Development, and Retention Initial and Resubmitted Folios for Reading Endorsement Programs 2008-2017 PROFESSIONAL ASSOCIATIONS Member, National Literacy A ssociation Conference 1995-present Member, International Literacy Association 1995-present Member, Technology SIG, International Literacy Association 2009-present Florida Reading/Literacy Association 2008-present Duval County Reading/Literacy Council 2008-present Gwinnett Reading Council 2001-2010 Georgia Reading Association 2001-2009 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4214,Version:1 COUNCIL AGENDA ITEM SUBJECT: Economic Development Board -Mayor Thomas'appointment due to the July 18,2019 term expiration of Marcia Barnett. DEPARTMENT: Economic Development SUMMARY:Marcia Barnett's term on the Economic Development Board expires July 18,2019 and she has expressed her desire to be reappointed to the Board.Ms.Barnett was a founding member since the beginning prior to 2010,before Edgewater had an official Economic Development Advisory Board.She has been instrumental on this Board with assisting the City with developing the Comprehensive Economic Development Strategic (CEDS) Plan and reaching many goals set forth in the (CEDS) Plan. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Reappoint Marcia Barnett to the Economic Development Board for a three year term to end July 18, 2022. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ From: Marcia Barnett [mailto:barnetts4u@aol.com] Sent: Tuesday, May 28, 2019 4:40 PM To: Samantha Bergeron Cc: Andrea Simmons Subject: Re: EDAB Term Renewal Samantha, Please use this email as authorization to request that my term on the EDB be renewed. I have enjoyed serving in this board and it would be my pleasure to continue. Thank you. Marcia Barnett 386-689-4592 On May 28, 2019, at 4:05 PM, Samantha Bergeron <sbergeron@cityofedgewater.org> wrote: City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4215,Version:1 COUNCIL AGENDA ITEM SUBJECT: Economic Development Board -Councilperson Christine Power's appointment due to the July 18,2019 term expiration of Clarence McCloud. DEPARTMENT: Economic Development SUMMARY:Clarence McCloud's term on the Economic Development Board expires July 18,2019 and he has expressed his desire to be reappointed to the Board.Mr.McCloud is the Director of Campus Services at Daytona State College South Campus serving Southeast Volusia. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Reappoint Clarence McCloud to the Economic Development Board for a three year term to end July 18, 2022. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4238,Version:1 COUNCIL AGENDA ITEM SUBJECT: City Manager’s Agreement - Glenn Irby DEPARTMENT: City Clerk/Paralegal SUMMARY: During the June 3,2019 Council Meeting,Council approved (3-2 vote)to accept Glenn Irby as the new permanent City Manager and authorize the City Attorney to negotiate an agreement. The parties have come to a mutual agreement for Council consideration with the following stipulations: Salary - $135,000.00. Vacation and Sick Leave -160 hours of vacation leave annually;sick leave shall accrue at 8 hours per month. Retirement -City shall contribute 12% of annual gross base salary to 457 deferred compensation plan. Insurance -City shall provide POS health insurance for the City Manager and his dependents at a cost to the City Manger of $193.17 bi-weekly,or as determined each year.The City shall provide dental insurance for the City Manager and his dependents at no cost to the City Manager.The City shall also provide basic term life insurance and long term disability insurance. Car Allowance/Phone -The City shall provide the City Manager with use of a City owned vehicle.The City Manager will purchase auto insurance for the vehicle.The City shall provide the City Manager with the use of a cellular phone and pay all expenses for use of the phone as it will only be used for City business. Moving and Relocation Expenses -The City agrees to provide up to $4,000.00 to the City Manager for moving expenses on a reimbursement basis. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the Agreement for City Manager for Glenn Irby. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 1 OF 13 EMPLOYMENT AGREEMENT FOR CITY MANAGER CITY OF EDGEWATER, FLORIDA THIS AGREEMENT made and entered into this ____ day of ___________, 2019, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of Florida (hereinafter “City”), and GLENN IRBY, (hereafter “City Manager”). WITNESSETH: WHEREAS, Glenn Irby has demonstrated through his professional and educational experience and performance the level of professional and administrative competency desired by the City in its City Manager; and WHEREAS, as provided by the City Charter, the City Council has the authority to employ the City Manager; and WHEREAS, the City is desirous of employing Glenn Irby as its City Manager; and WHEREAS, Glenn Irby has indicated willingness to accept the responsibilities and render specific performance to the City as City Manager; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the City Manager setting forth agreements and understandings which (1) provide inducement for Glenn Irby to accept the job of City Manager, (2) make possible full work productivity by assuring Glenn Irby’s morale and peace of mind with respect to future security, and (3) provide a just means for modifying Glenn Irby’s services at such time as the City may desire. NOW, THEREFORE, in consideration of the mutual covenants and promises which the parties set forth below, the City and the City Manager agree as follows: EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 2 OF 13 1. EMPLOYMENT OF CITY MANAGER. The City hereby employs Glenn Irby as City Manager and Glenn Irby hereby accepts such employment upon terms and conditions hereinafter set forth. 2. TERM. 2.1 The term of this Agreement shall commence on July 1, 2019 and shall continue until such time as the City or City Manager desire to terminate this Agreement. 2.2 The City Manager shall serve at the pleasure of the City as provided in the City Charter and Code of Ordinances. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the City Manager at any time. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City manager to resign at any time from the position of City Manager, subject only to the provisions herein. 3. DUTIES. The City Manager shall perform those duties specified in Section 4.02 of the City Charter, City of Edgewater, Florida, as it may from time to time be amended, and all other applicable laws and regulations, and such other legally permissible and proper duties as he may be directed to perform by the City Council. Section 4.02 is attached hereto and incorporated by reference as Exhibit “A.” 4. PERFORMANCE EVALUATION. 4.1 Annually, the City Council and City Manager shall define such goals and performance objectives for the City Manager which they determine necessary for the proper operation of the City and in the attainment of the City Council’s policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 3 OF 13 objectives to be reduced in writing. These goals and objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 4.2 Annually, at the end of each fiscal year, the City Council shall evaluate the performance of the City Manager for the previous fiscal year utilizing the current evaluation form in place for the City Manager. 5. COMPENSATION. Effective July 1, 2019, the City Manager shall receive initial annual compensation of One Hundred Thirty Five Thousand and no/100 Dollars ($135, 000.00)(the “Base Salary”) payable as employee checks are issued by the City. The City will make standard payroll deductions from each paycheck for federal income tax, Social Security and Medicare. City Manager may designate amounts out of his annual compensation to be paid by the City as deferred compensation, and such payments shall be deposited into the deferred compensation plan selected by the City Manager and deducted accordingly from the annual compensation payments. The City Council shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the City Manager, except in the event, and to the degree, a reduction is made across-the-board for all employees of the City. The City Manager shall be entitled to the same wage increases that are afforded to Directors. The City Manager agrees to forego the anticipated wage increase for City employees in October 2019, if any. 6. HOURS OF WORK AND MANAGERIAL DUTIES. The City Manager is the chief administrative officer for the City and is expected to perform all duties related to that position. The hours the City Manager must spend performing those duties may vary, but the City Manager shall work “full-time” and shall be available at City Hall or locally through cell phone EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 4 OF 13 or radio contact for all job requirements, given that a significant portion of job-related duties may transpire outside of City Hall. It is recognized that the City Manager must devote a great deal of time outside the normal office hours in business for the City, and to that end the City Manager shall be allowed to establish an appropriate work schedule. 7. BENEFITS. 7.1 Leave Time. The City Manager shall be entitled to holidays, vacation, and sick leave. The City Manager shall be credited 160 hours of vacation leave on the effective date of this Agreement. The City Manager shall accrue vacation leave on a bi-weekly basis up to 160 hours annually. Vacation leave accrued but not used within any given anniversary period may be carried over and accumulated, up to a maximum of 320 hours. Sick leave shall accrue at 8 hours per month up to a maximum of 320 hours. Vacation and sick leave will have no cash value until such time as the City Manager leaves the employment of the City. 7.2 Insurance. The City shall provide POS health insurance for the City Manager and his dependents at a cost to the City Manager of $193.17 bi-weekly or as determined each year when the City renews its group health insurance policy. The City shall provide and pay the premium for dental insurance for the City Manager and his dependents at no cost to the City Manager. The City shall provide and pay the premium for basic term life insurance and long term disability insurance. Health and dental insurance for the City manager commenced on March 1, 2019. Basic term life insurance and long term disability insurance for the City Manager will commence on the first of the month after hire date. The City reserves the right, in its discretion, to modify coverage, insurance providers and benefits as may be necessary and consistent with the benefits provided to its Directors/Deputy Directors. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 5 OF 13 7.3 Retirement. The City shall contribute an amount equal to 12% of the City Manager’s annual gross base salary to the 457 deferred compensation plan. 7.4 License Fees, Membership Dues, and Training Expenses. The City shall pay or reimburse the City Manager for reasonable professional license fees, membership dues and training expenses directly associated with the City Manager’s job duties including International City/County Management Association (ICMA) dues and Florida City/County Manager’s Association (FCCMA) dues. The City shall also pay the annual membership dues to one service related organization within Volusia County such as, but not limited to, Kiwanis, Rotary or the Benevolent and Protective Order of the Elks (BPOE). The City shall also pay for fees associated with travel, per diem and associated fees related to annual conferences for ICMA, FCCMA and the Florida League of Cities. Such payment or reimbursement shall be limited to budgeted amounts and consistent with all City policies. Reimbursement under this section for any expense greater than $1,000.00 shall require prior approval of the City Council. Such approval shall be considered as given if the expense is included in the annual operating budget of the City. 7.5 Vehicle Allowance. The City shall provide the City Manager with use of a City owned vehicle. The City shall provide fuel for the vehicle and shall pay for all maintenance and repair expenses for the vehicle. The City Manager will purchase automobile insurance coverage, with limits of at least $300,000.00 per occurrence, which will insure his immediate family members when traveling in the City owned vehicle. 7.6 Cellular Phone. The City shall provide the City Manager with use of a cellular phone. The City shall pay all expenses associated with the use of the phone as the City Manager agrees to use the phone only for City business. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 6 OF 13 8. INDEMNIFICATION. Subject to the provisions of insurance defense coverage, and consistent with federal, state and local law, the City shall defend, save harmless and indemnify the City Manager acting within the scope of his employment, against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Manager’s duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities, unless the act or omission involved willful or wanton conduct or where the City Manager exceeds the scope of his authority or in the case of a conviction for any crime involving moral turpitude or a crime relating to official duties. The City shall provide the City Manager’s legal defense, court costs and other reasonable costs and expenses of such legal proceedings, and any other liabilities incurred by, i mposed upon, or suffered by the City Manager, not limited to judgments or settlements in connection with or resulting from any claim or action, suit, or proceeding, whether actual or threatened, arising out of or in connection with the performance of the City Manager’s duties. Any settlement of any claim must be made with prior approval of the City in order for indemnification, as provided in this section, to be available to the City Manager. 9. TERMINATION OF AGREEMENT. 9.1 The City has the inalienable right under law for employing and terminating a City Manager. 9.2 The City Manager acknowledges that there is no contractual or other right to occupy the position of City Manager after termination. 9.3 This Agreement may be terminated by the City, and the City Manager removed from his position, with or without cause, at any time during the term of this Agreement. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 7 OF 13 Upon termination of this Agreement by the City, the City Manager shall receive thirty (30) days notification. 9.4 The City shall not arbitrarily or capriciously seek termination of the City Manager’s employment. Termination of the City Manager’s employment shall occur when the majority of the City Council votes to terminate the City Manager’s employment at a duly authorized public meeting. 9.5 Termination for Cause. The City Manager may be terminated for cause. “Cause” for termination is defined as, and shall include, any of the following: • Misfeasance, malfeasance and/or nonfeasance in performance of the City Manager’s duties and responsibilities. • Conviction or a plea of guilty or no contest to a misdemeanor or felony crime, whether or not adjudication is withheld. • Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. • Violation of any substantive city policy, rule, or regulation, which would subject any other city employee to termination. • Breach of fiduciary duty, including any act of fraud or theft against the interest of the City. • The commission of any act which involves moral turpitude, or which causes the City disrepute. • Breach of this Agreement. • Violation of the International City/County Management Association Code of Ethics. • Misconduct as defined in § 443.036(29), Florida Statutes. • Removal of the City Manager from office by the Governor of the State of Florida, pursuant to § 112.52, Florida Statutes, or other lawful removal from office by state or federal governments. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 8 OF 13 • Final adjudication by a court or state administrative tribunal that the City Manager committed an act of malfeasance or misfeasance of office or a violation under Chapter 112, Florida Statutes. • Any other act of similar nature of the same or greater seriousness. If the City Manager is terminated for cause, the City Manager resigns, or the City Manager otherwise ceases employment with the City, then the City is not obligated to pay severance pay under this Agreement. If the City manager is terminated for cause, which includes misconduct as defined in § 443.036(29), Florida Statutes, he shall be prohibited from receiving severance pay. Severance pay shall mean salary, benefits and perquisites, as defined under § 215.425(4)(d), Florida Statutes. If the City Council votes to terminate the City Manager with cause, written notice of the charges by the City Council and its decision to terminate the City Manager shall be delivered to the City Manager, and the City Manager shall be given an opportunity for a formal, quasi-judicial hearing before the City Council within a reasonable period of time not to exceed 30 days from the publication of notice. The hearing shall provide an opportunity for the City Manager to rebut any charge affecting his character or reputation, but the City Council’s action therein is final and non-appealable. However, nothing in this section shall abrogate the City Manager’s right to enforce his rights under this Agreement in a civil court of competent jurisdiction. Upon termination for cause the City Manager will be entitled to payout for the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be paid by the City. 9.6 Termination without Cause. If the City Manager is terminated by the City without cause, for reasons outside Paragraph 9.5, during the term of this Agreement, the City shall pay to the City Manager a sum equal to twenty (20) weeks of severance pay at his current rate of pay on the date of termination. In addition, the City shall provide to the City Manager EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 9 OF 13 five (5) months of health and dental insurance, not to exceed twenty (20) weeks, at the same benefit rate and cost to the City Manager as was afforded him at the date of termination . The City Manager shall also be compensated for the total balance of all accrued vacation leave, up to the maximum of 320 hours and accrued sick leave up to the maximum of 320 hours at his rate of pay on the date of termination. All severance pay and other benefits payable under this paragraph shall be payable over a twenty (20) week period and not as a lump sum payment. No further compensation will be paid by the City, for termination of the City Manager without cause. If the City, its citizens, or the legislature acts to amend any provisions of the Edgewater City Charter pertaining to the role, powers, duties, authority, or responsibilities of the City Manager’s position that substantially changes the form of government then the City Manager shall have the right to declare that such amendments to the City Charter constitute termination without cause. If the City reduces the City Manager’s Base Salary, compensation or any other substantial benefit of the City Manager, unless it is applied in no greater percentage than the average reduction in pay or benefits of all Directors, such action shall constitute a breach of this Agreement and will be regarded as a termination of the City Manager without cause. 9.7 If the City Manager becomes disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of time in excess of twelve (12) weeks of FMLA leave, the City shall have the option to terminate this Agreement for cause. In such an event, the City Manager shall be compensated for any accrued benefits. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 10 OF 13 10. VOLUNTARY RESIGNATION. This Agreement may be terminated by the City Manager upon thirty (30) days notification to the City, unless the City Council, in its sole discretion, elects to shorten the minimum notice set forth in this paragraph . If termination as City Manager is due to a voluntary resignation submitted by the City Manager, he shall receive the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be provided to the City Manager after the thirty (30) day notification period has expired. 11. OUTSIDE EMPLOYMENT. The City Manager recognizes and understands that the position of City Manager shall require his full-time attention and, accordingly, agrees to devote all time necessary to fully discharge duties. The City Manager shall refrain from accepting any engagement which would interfere in any way with the faithful performance of his services to the City. However, nothing in this Agreement will be construed as to prevent the City Manager from accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lecture, articles, instructional material, and consultation in the area of local government which shall not be in conflict with the City Manager’s responsibilities with the City. 12. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the City Manager under the City Charter or any law or ordinance. 13. MOVING AND RELOCATION EXPENSES. It is recognized that the City Manager currently resides in Lake County, Florida. It is further recognized that the Charter of the City of Edgewater requires the City Manager to reside within the corporate limits of the City. Because the City Manager owns real property in Lake County and must sell said property to be able to relocate to within the City of Edgewater, the EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 11 OF 13 City grants a time period of six months from the date of this Agreement for the City Manager to relocate to the City of Edgewater. The City agrees to provide up to $4,000.00 to the City Manager for moving expenses on a reimbursement basis. Reimbursement will be paid based upon invoices provided by the City Manager. If the moving expenses exceed $4,000.00 the City is only obligated to pay a maximum amount of $4,000.00. 14. GENERAL PROVISIONS. 14.1 Severability. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal in federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force. 14.2 This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida. Venue for any cause of action shall be in Volusia County, Florida. 14.3 The parties agree that in the event they cannot resolve a dispute hereunder, they shall mutually participate in a mediation process, to be conducted by a Florida Circuit Court mediator, mutually selected and paid for by the City, prior to any lawsuit being filed. 14.4 This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and is the final, complete and exclusive expression of the terms and conditions of their Agreement. Any and all prior agreements, representations, negotiations and understandings made by the parties, oral and written, express or implied, are hereby superseded and merged herein. 14.5 Any amendment, modifications, or variations from the terms of this Agreement shall be in writing, shall be effective only upon approval of such amendment, EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 12 OF 13 modification, or variation by the City Council, and shall not operate as a termination of this Agreement. 14.6 Any covenant or provision contained herein which does not comply with the laws of the State of Florida in existence from time to time during the term of this Agreement shall be deemed amended to comply with such laws. 15. NOTICES. Notice pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: If to City Manager: If to City: Glenn Irby Mayor 71 Ardlussa Street City of Edgewater Umatilla, FL 32784 Post Office Box 100 Edgewater, FL 32132-0100 With copy to: City Clerk/Paralegal City of Edgewater Post Office Box 100 Edgewater, FL 32132-0100 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 16. MODIFICATION OR WAIVER. Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 13 OF 13 IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the dates listed below: ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ________________________________ By: _______________________________ Robin Matusick, City Clerk/Paralegal Michael L. Thomas, Mayor Dated:_____________________________ WITNESSES: CITY MANAGER: ______________________________ ___________________________________ Glenn Irby ______________________________ Dated:_____________________________ EXHIBIT A Sec. 4.02. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge under this Charter. The city manager shall: (1) Appoint, and when necessary, suspend or remove, all officers and employees of the city except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The city manager may authorize any officer subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise provided by this Charter or by law. (3) Attend all city council meetings. The city manager shall have the right to take part in the discussion but shall not vote. (4) See that all laws, provisions of this Charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city council; (6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, agencies; (8) Keep the city council advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the city council; (11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance; and (12) Perform such other duties as are specified in this Charter or may be required by the city council. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4166,Version:1 COUNCIL AGENDA ITEM SUBJECT: Steven and Catherine Hall,requesting approval to remove a 41-inch historic Live Oak Tree for property located at 2503 Victory Palm Drive. DEPARTMENT: Development Services SUMMARY: The property owners were issued a permit to construct a single family residence on May 3,2019.Prior to the completion of the residence the owners would like to remove a 41-inch Live Oak Tree from the rear of the property to allow the future construction of a swimming pool without any interference from the tree.The subject tree is showing early signs of deterioration. The Land Development Code,Section 21-55.09(a)requires each residential parcel to maintain one (1) specimen tree per 1,500 square-feet of lot area;the subject parcel is 15,000 square-feet and would require a minimum of 10 specimen trees. Section 21-55.03(b) permits Council to authorize the removal of historic trees under the following conditions: 1.Determine the tree to be removed is in such a condition that it is hazardous to the surrounding area or structure(s) that no replacement is necessary, or 2.Require the replacement of historic trees at a ratio of one inch (1”) diameter to one inch (1”) diameter of replacement trees [16 replacement trees at 2.5” diameter/tree], or 3.Require the payment of money per Section 21-311 equivalent to the replacement cost of the replacement trees [$5/sq. inch removed for 41” diameter tree =$6,597.93]. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the issuance of tree removal permit for the 41-inch Live Oak tree,upon payment of applicable permit fee and require the property owner to maintain the minimum required number of specimen trees on the property. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ p� I — — 1 0 M o' ` 98.9' ,{ DRAINAGE AWAY FROM HOUSE AND TO THE STREET (rfP.) I c F oE c U � U) Q W E WLo @� E OU Y _ � o m � r - Lr -a) U O U) Lu U F- ocD LL of J m r0 Q o Z ~' L iZ a w &w �� LL OEE Om ow 2� w = J LL 0-U }Ly LU of EL Z Q U) LU O ZW a-U)Cw N In. o U ,F- 330 J Z W TOM 3/11/2019 NOTED 2,026 SQ. FT. (LIVING) A-1 �8 , MAIN ELECTRICAL SERVICE I PANEL 8 METER. PROVIDE UFER GROUND PER LOCAL CODE REQUIREMENTS. VERIFY LOCATION. (200 AMP) a uc�im I I B' :a A F •. I oa .a • I` co L N E -DRIVEWAY_ I L b _ - _ - _ - - _-- �` - ® P.L j L0 N F.F.L. 101.0' i I PLOT PLAN- • ENTRY SCALE: 1/8"- 1'-0" 30'-0" LEGAL DESCRIPTION 2501 VICTORY PALM DRIVE `r' I EDGEWATER, FL 32141 �. o r I I loam umn sa Axo tr>unmr I � � I I ec ncTnuwm ON SfIC -- -- -- P.L. --120.00' -- -- --- --98.8' { VICTORY PALM DRIVE APR 2 5 2019 CITY OF EDGEWATER BLDG. DEPARTMENT oE c U � U) Q W E WLo @� E OU Y _ � o m � r - Lr -a) U O U) Lu U F- ocD LL of J m r0 Q o Z ~' L iZ a w &w �� LL OEE Om ow 2� w = J LL 0-U }Ly LU of EL Z Q U) LU O ZW a-U)Cw N In. o U ,F- 330 J Z W TOM 3/11/2019 NOTED 2,026 SQ. FT. (LIVING) A-1 �8 , Legend n ` �'� 2503 Victory Palm Dr W illlow Oak & 26th Ib ILI ' - rte; " .. ,. � � w ): r �t • Mv. 4c� W L y I so ail �'-7._ �• - _ `. _ 1.-t _� S.. � �. .r.. fY Wool .- - ; .. S�'r � � - tom: � ),••.� Y' �.c.. .Y 5 ,iAi'r - .a' i, �_ f•. rte'_\� �'t" v.'.s i _ � � • �T+!' `,. � x rM'�r My >> i� 4 � ��A� � ,, \ �Y � �t ����l X 1 v �� ' F � y ,� r 191'�`7� �� � I � Mp; k' fr�. 1 ,a" �vy t� �i� r ?�0,.,, �y�' � Te�� „� t,� c+ ,. � p��4,�taY ,l;r��pl�����`t r�'. ,E _ k �t �� '. �L � V' ' � � �� (J �y � . d (�qq E � �� ` t Jif �:� ,, G'; r � �; j• � � ,� n � � 'x� / e�y { „".. 1 v ` diJ� � �W ^�'prf T `� �� 1�� '�t .r:. �i f 'I ��1 \��� .• }t� � "�,�� ��rM7�� ����'4'-% �>r i, �+�xR fr��`,�j��,e �... '� �� �, .�.tr 5 � �fy ( �y ��� � + ��� � �',r� `fin f r� �°N; �� t �� �' 7 �r'F f �"` r r ;-.� y�� � � �; � �l+ 5� � , t �'� 4 /x r,r - � ',a ll! ! o d ��4' U Y � � �t � "A� � • w; ' � y � F � Tj,N�.!ly � �'. �^ +. -zl x'^ } r � � , �[i � >� �.i �„ { K.7/`y'Y �� ��' f. filo- > '�. f �.'�..' ��yy 1�� � � .j\l 1 fi �� �. - k( #.. iN J'�-�.. y + c � ti � Y +, � ..yU � �' l t � .� >> r r, �a+ t � �,tt �� � p � j- � p R -C 'i �� � ��. �+ i+7. � � �h ti� � e a � i�D '� � t� . Lid + � "''�.' ff ., � '�>,` '' r � � � ��9 l� � ' � f y �`f�. r Vii. �t� � : v � dil �) C �� ( �� ��'j n+Yti ;� �� � vl 1 + r � x� �.. a bi � � Y+� � 7 v { r � �� 'c- )�' � � i 111 i y � � � s ,� x 9 f �. +r i �� .'!N �. � �T � � ,o` w<A �f, �! .� 1 �� ��! .� , aKR iss "dk 1,.47 ... � #t q �.'�� �%. �`.. VM,! 1�'�, y+ r ti ^A "%�., a a ':�y x I ct _ �� n -� '..� D 1 :' �p' :r' ,..+ �..Y � _ � � �� "�`�tiry,�o � v ry��"➢v�p�` ���� ���7rn� �� I'�'` lil � r ,, � t,r� > .�,- �;� •. L'if .��.�1°ti�f, '��Pli�+���}:r����$.v1 t �,� .e�f _���y,.:>� �._, t R I v=� ham' ��.� t 'e M x°• ,`yOY�'����y�j1`�:` env �t,�k,V�Fy `�����i�".!j-� ra: +�. �>;+-,.g t.', -� � � � � � �a i� ��.� c', � `l M,i i p! ;� (r� ggpp�F,1�,F�� „�������.il,�q �y��JJ�;� �� ;�;��,� ii[ e-� -y — �. ,� J � �{�1.'.a ;����'i M,��,L�Pa Ya i?r/ f'-`y,'�� ,+�`x.3 '�``' '�;tl�.�- W �� r ` t' t . _ �'_. � �i i '� � .I W'i9 �Pt��I1 >V�1j flt a �, t�,�}'v= E - . x t 1 `� p � k �, � ���r r � "� �, � i • -`tl � , % � ��� �!,y���j��' vf1�1 yt..,a �` ,.,� �� k _..� ,. i,� ��. �2 ` �' � �� � pd ,dpi, � � , J' .. ;. ''��s,� i. �. r ��$,' ! a7Y, � �'.t�'e,� 3^ i.:; •'i ��i� e n %J• ��� �`'�� �t� a?r��� � � YJ�{ i%l ; �^c,F �, '{ ,�M.� � ` • 7 � ��.4'� ,F r `�' � r� �V �,d�f $.�'IJ� �•�`9� ��� �y' ` ��� ��t;�'R•,y� ryluv. c/aa ;' lY `� � ¢�* ' � l � � �� Pr.+,T� �� per# ' �1 • r r �Rl tt� � 1'y i iti i :p` f d�'t4, }P ;4 �,i,z s'��� � t ���y91k�y���e4���'� ;>tvs �'� �� �:, f� �;. _ r (�� � �,� NU F£i4F�" � , � 3., � t - tp' � �� � 1 j 4 _ � i " , i'r�6•' , r � } � �� �d�Awi �ypy� � + � ��•p�, � ,� � Mft V + - ,`ry. i �. � ^ it P� --f � � r J wa. ,;, �',�� � �� ... � m (^_' �+ 3' � s �� 4C: �, r /�:r 9 a�:�t'm �_".� —-i ��/ !I A ��'�yy 7+� �N� ��' �. � { �� rc � a �� � Pi+ 9 � } � ,� L i iA i• i �/ . d_ -[r•'{ {p :y ' �'�': 4 �t� !. +�� I a y� r .� e - �. a� M x �„ I d ti t Ilk I Ifh WAA 4a't: 1As AL t Nof Al' k 4:. I ILL tal 4 LAV,1 ' �-all IN fir' ValVal1: MIT fam ADO]ddo f all raw a low �} Y f �,00 pol V, IV 41 r iF, , ' �t - t._'w �� �+,�' �* :r: xi cA.� •��'� T` rial d+ *f^ i Y�}`i 4�j Ar LOW �� \ `` 4 I at d ti t Ilk I Ifh WAA 4a't: 1As AL t Nof Al' k 4:. I ILL tal 4 LAV,1 ' �-all IN fir' ValVal1: MIT fam ADO]ddo f all raw a low �} Y f �,00 pol V, IV 41 r iF, , ' �t - t._'w �� �+,�' �* :r: xi cA.� •��'� T` rial d+ *f^ i Y�}`i 4�j Ar LOW �� \ `` / a. .,irt ,�l':'�'�' z ..Sn :ri ,7�p[d r..� fj ,isj19 yc I+i'E+Fr `' n �n �.Y + ld �' t��. :' lit � "'1l_� �� "'YY�y '� t a � $yyT�.�i+r�. :. f t ABY �t :,+t' +'' Ilii t� �:F ii�' s,�'yr� '"#� r � 'y, �f1 "'' • f� ,q�. I'ilt'�tin' ` � 1 .,, o �. "7 �. ,''a )� i� t� pMr� M l'clE )F�'' � 7 ` gg y '�•F� �: � �� i (�f. ,t �:.1• i � br t �t r .��G}. � {%,y, ✓ r�` �{�Cjr, �„Q ri/jjyy,�, � L��` '�T7 S Y nw r ' ;.; ,.� � k.;�4 r'. .. r � J,S�� ��7i' ' �¢ r� �f�+"}; v _,• W i�4 � +`L � � V ,t �i..k !, P � �. 1�'f `�.� �,, � .y ! N Ip, � Y�',,,�1tt � �tR I �' 91 t, "• r f,���`' +� a y:J�{� M .-y_. � ��r,, 1. :,r,,��` ' � (� � "7i� f y. �, '� , � ► t� f ` , q 'S . Y 1 J ,��a '� ^�i �y�.a7a pk' ' �\ w „` i1�;+.�j,t ;� A�y4'�CI�,'t"}� +i��: �� i" J _ , +ir xr t �" ;.�q .; !�"'�, a .� n} R / 7Yy 4r`.t v j);,, �`'.7��, � e• i'.Ra , '^'TE y:. ���' - '` ,r i { 'r �.l `,�`� �� 11 Mt il' iF ar Y..;,it'i1x '1 � i, �:�t .r.'!'�',}. :- +' � .:C'... i ,,. .. �.i� i ;e }' ,t 6 � p .'� � - • :,fa � N.e �f �� �r5.v c�. } :�' ,. °y.'<+t•ut�`}���w��.d y, � t'FC+,j'{'{'j � +, .. Cs, �.:.r,�•. f ,�t.��.9� �. ,.n tri i. r,�.,�< �,•r '�'r.,~ y•; �r�'rral �� v��S� r ..t. � �Q(• f. `t i � %r,^ i t �,c, 'Rr��� �,�� � ' �-'kt},fi ''V�a�,�i0.,�q �'l�j�'c�, t �":' ;__. `rll��i �. ��� ;Yii.•. !y�!'3' .�+y'�„ }�, -' y ''; _. ;,i� t1 z ti `` .. y eek. •���',ia. ,i � ' ,���'`.5���;�y'I �vt'. c � + : f � �'.i`4 Y � �1•,i r � �.. y a �a«�, ` � :a � • � .sti:. � F � • ,. r ,; ,a `+�'�:�t±1 fir% � ,. � � axy art M1' v+il � b i by } �.� ,� � �. 4 f 'jP',.r rhr i, t _ ' �-v..}3, s��i'�••..t y:r � M .. ,i, t �} 2a i Yt'�i,.. Y. �� • J�',l.� � .rT �!..'+. [� � is 'r v w� 4 � � .i ,� � ,'+� � �i;' f ` �. �•. � f C � �' G. , - Z n ` a ,� :�Y` � _tf£ �"` ��''�'� .. r. 1f`,{•T ! '.. di' !y"�k'�tl�'4-, / / r, _ _ .' j ,.` ' ' f ' } � ,r ��i �,`, �'' i t'. 3u�+-! ��'� fir• ., 7' y �j j • �•� ',{_ � �' (e: � ? :�. �� .t - .fit 4 t ty S.' t• Y^ t �yyr At; . �y- i'r. •.l j �,�`�i+^yl �1"-�' k.r � � .H-�.%���� , t ;�, i.f4� Ky'— �', jit � }fj f�%•7 '�Q ,�t-x ; _�h..' �4' .e � r_ �' '' 'r ";�'' � - '+e"( tee, t ,* lxa � ��� i{ � a.: }' t � .df•,�• i. � - � � r �"�'�' r i { � . , �y adi"�, y � c � �ii -yY' fig?" � � y �' r �pl!°"� � � �S'3�3X� �+ j {i'. ` , 1' .�-' t �'lc., �.�. yri}i�.. ����� � lR f � � �t iz� '� ' ,'a _ �: -� -'-- .a- '.. . � r .�i• '� � y�` . », r : t y t t aN; y, .: �•1IMM y� w F F, � 'ec, '� ,�,. 'k • +.. �� '� i � � CuC , , ,, �` �. �� t- .. � , g� 7�� � �� '. 7TC4`_4�=`�M�ii �w .. `�,= � � � '�.,`.�',. ..arc :> �N swy � � ''� ` ` �+ i � . ��� � ..,•'d. � '�' f : r ' y�?' j�«k � . �: k�k�±. i` .� _ r F — ���-� _ � _ .� .� 1 ■ !« y . � -' .-� �7 9's f� t �- m �1 '`�i�l /.. � 'r t �:: a ,j City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2019-4216,Version:1 COUNCIL AGENDA ITEM SUBJECT: Agreement between the City of Edgewater, Core & Main & Sensus USA, Inc. DEPARTMENT: Environmental Services SUMMARY:City Council directed staff to move forward with the technology to install Automatic Meter Reading equipment and lease the software to allow customers to receive alerts to their water usage.This new technology will also streamline the process for customer service as they will be able to instantly view a customer’s meter reading and verify usage according to a specific time frame.This agreement moves forward with that technology by entering into an agreement with Core &Main,who is the designated representative for Sensus USA,Inc.to use their software and services for day-to-day monitoring,maintenance,management and support of the software application,technical support and FCC licensing.City staff will replace the meters over a five year period.The term of this agreement is for five years with an automatic renewal for an additional five years unless the City provides notice at least 120 days prior to the expiration of the initial term.Once this agreement is approved,staff and Sensus can move forward with the installation of the required equipment, meters and software. Total Costs of the project over the five year period is as follows FY 18/19 $198,833 FY 19/20 $602,690 FY 20/21 $492,394 - Estimated at current pricing FY 21/22 $493,958 - Estimated at current pricing FY 22/23 $495,568 - Estimated at current pricing FY 23/24 $497,227 - Estimated at current pricing TOTAL $2,780,670 BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: A motion to approve the Agreement with Core &Main and Sensus USA,Inc with the City of Edgewater and authorize the Mayor to execute all documents. City of Edgewater Printed on 6/19/2019Page 1 of 1 powered by Legistar™ City of Edgewater, FL Master Project Agreement Core & Main LP 590 Ferguson Dr. Orlando, FL 32805 E-1 Table of Contents Section Purpose and Scope ............................................................................................................................. 1 Definitions and Terminology ............................................................................................................. 2 Term ................................................................................................................................................... 3 Core & Main’s Responsibilities ......................................................................................................... 4 Client’s Responsibilities ..................................................................................................................... 5 Default of Client ................................................................................................................................. 6 Default of Core & Main ..................................................................................................................... 7 Insolvency .......................................................................................................................................... 8 Taxes, Permits, and Fees .................................................................................................................... 9 Warranty ............................................................................................................................................. 10 Indemnity ........................................................................................................................................... 11 Safety ................................................................................................................................................. 12 Liability and Force Majeure ............................................................................................................... 13 Insurance ............................................................................................................................................ 14 Hazardous Materials ........................................................................................................................... 15 Cleanup .............................................................................................................................................. 16 Delays and Access .............................................................................................................................. 17 Quality of Materials .......................................................................................................................... 18 Financing ........................................................................................................................................... 19 Legal Governance .............................................................................................................................. 20 Dispute Resolution ............................................................................................................................. 21 Attorney’s Fees ................................................................................................................................. 22 Assignability ..................................................................................................................................... 23 Notices .............................................................................................................................................. 24 Binding Effect ................................................................................................................................... 25 Modifications .................................................................................................................................... 26 Severability ....................................................................................................................................... 27 Privacy .............................................................................................................................................. 28 Appendix A Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit A-4 Appendix B Appendix C Appendix D Exhibit D-1 Procurement, Installation and Management Contract Material Procurement Summary for Installation Contract Acceptance Certificate Sensus Advanced Metering Infrastructure (AMI) Agreement Statement of Work Memorandun of Insurance Reserved / Not used Warranty Manufacturers’ Warranties E-2 Master Project Agreement This Master Project Agreement (as hereinafter defined, this “Agreement”) dated as of June 6th, 2019, between Core & Main LP, a Florida limited partnership (as hereinafter defined, “Core & Main”), and The City of Edgewater, FL (as hereinafter defined, “Client”). 1.Purpose and Scope. The Agreement is a Master Project Agreement to provide certain Work to Client. Core & Main agrees to undertake the necessary Work as specified in this Agreement, and Client agrees to take all actions that are identified in this Agreement and to pay Core & Main in the manner contemplated by this Agreement. This Agreement consists of the text set forth herein and the text set forth in each Appendix to this Agreement that is executed and delivered by the Parties. The Appendices checked below are the only Appendices that have been executed and delivered by the Parties as part of this Agreement (provided, however, that Exhibits that are part of a stated Appendix also shall be part of this Agreement): [ X ] Appendix A--Procurement, Installation and Management Contract [ X ] [ ] Appendix B— Memorandum of Insurance Appendix C—Reserved / Not used [ X ] Appendix D--Warranty 2.Definitions and Terminology. When used in this Agreement or in any of its attachments, the following capitalized terms shall have the respective meanings as follows: “Agreement” shall mean this Master Project Agreement, to include all Appendices and Exhibits. “AWWA” shall mean the American Water Works Association “AMR” shall mean Automatic Meter Reading “AMI” shall mean Advanced Metering Infrastructure “Client” shall mean The City of Edgewater, FL, together with its successors. “Factory Installation Recommendation” shall mean guidelines for installation procedures given by the manufacturer of the equipment. “Financing Contract” shall mean any separate financing agreement that may be executed and delivered by the Parties as contemplated by Appendix C to this Agreement, but only to the extent that Section 1 of this Agreement shall indicate that Appendix C applies to this Agreement. No Financing Contract delivered pursuant to this Agreement shall constitute a part of this Agreement, and this Agreement does not constitute a part of any Financing Contract executed and delivered by the Parties. “Force Majeure” shall mean conditions beyond the reasonable control, or not the result of willful misconduct or negligence of the Party, including, without limitation acts of God, storms, extraordinary weather, acts of government units, strikes or labor disputes, fire, explosions, thefts, vandalism, riots, acts of war or terrorism, non-price related unavailability of Project Materials and Supplies, and unavailability of fuel. E-3 “Hazardous Materials” are any materials, substances, chemicals, and wastes recognized as hazardous or toxic (or other interchangeable terms of equal meaning) under applicable laws, regulations, rules, ordinances, and any governmental or authoritative body having jurisdiction over the execution of this Agreeme nt and its attachments. “Core & Main” shall mean Core & Main LP, a limited partnership, together with its successors. “Installation Contract” shall mean the Procurement, Installation, and Management Contract attached to this Agreement as Appendix A, but only to the extent that the Parties have executed and delivered such Appendix A. “Manufacturer Defect” shall mean any fault or defect in materials or workmanship that manifests itself during the Warranty Period and is covered by the manufacturer’s warranty. “Manufacturer’s Warranty Period” shall have the meaning set forth in Appendix D to this Agreement. “Party” shall mean either Core & Main or Client. “Project” shall mean the work to be performed by Core & Main or its subcontractors as described in this Agreement. “Project Materials and Supplies” shall mean the materials and equipment specified in Appendix A. “RF” shall be interchangeable with the term Radio Frequency. “State” shall mean the State of Florida in which Client is located. “Third Party” shall mean a person or entity other than Client or Core & Main. “Utility Service Area” shall mean the geographic area where the Project will be installed and the Work (and, if applicable, the Services) will be performed. This geographic area shall be specifically defined as the area of network coverage as illustrated in the propagation study, contained in Appendix A-3 (and any other geographic areas including Client’s system that Core & Main, in its discretion, shall approve in writing for inclusion in the Utility Service Area. “Warranty Period” shall have the meaning set forth in Appendix D to this Agreement. “Work” shall mean all work required for the completion of Core & Main’s obligations under this Agreement, including, to the extent that the Parties execute and deliver the Installation Contract attached hereto as Appendix A, the installation Work contemplated by the Installation Contract. 3.Term. The Term of this Agreement shall begin on the commencement date as listed in the opening paragraph and, unless earlier terminated in the manner contemplated by this Agreement, shall endure for the period specified in Appendix A. Notwithstanding the foregoing, either Party may terminate this Agreement and the Services and Work described herein by giving the other Party sixty (60) days prior written notice of its termination of this Agreement. No such termination shall have the effect of terminating any Financing Contract between the Parties if there are any amounts outstanding in respect of such Financing Contract. 4.Core & Main’s Responsibility. Core & Main shall provide Services, supply Project Materials and Supplies, and do all other Work as described in this Agreement. Without limiting the generality of the foregoing, Core & Main shall maintain supervision of all its subcontractors. Any Work beyond the scope of the Work agreed to herein shall not be considered as part of this Agreement. There shall be no implied or verbal agreements between the Parties relating to the subject matter of this Agreement. 5.Client’s Responsibility. Client shall be responsible for cooperating with Core & Main, providing accurate information in a timely manner, and making payment in a timely manner for Work performed, Project Materials and Supplies furnished, or Services rendered. Client shall designate a representative who will be fully acquainted with the Work and will be reasonably accessible to Core & Main and its subcontractors, and will have the authority to make decisions on behalf of Client. Client shall provide to Core & Main and its subcontractors all information regarding legal limitations, utility locations and other information reasonably pertinent to this Agreement and the Project. Client shall be required to give prompt notice should it become aware of any fault or defect in the Project. E-4 6. Default of Client. The following events shall be considered events of Default of Client: (a) The failure of Client to make payments to Core & Main in accordance with the terms of this Agreement; (b) any representation or warranty provided by Client that proves to be materially false or misleading when made; (c) any material failure of Client to comply with or perform according to the terms of this Agreement or to correct such failure to perform within any cure period specified in this Agreement. If an event of Default by Client occurs, Core & Main will exercise any and all remedies available to it under this Agreement. 7. Default of Core & Main. The following events shall be considered events of default on the part of Core & Main: (a) failure of Core & Main to provide adequate personnel, equipment, and supplies in accordance with the provisions and specifications of this Agreement, (b) any failure to promptly re-perform, within a reasonable time, Work or Services that properly were rejected as defective or nonconforming, (c) the failure of Core & Main to deliver its Work and Services free and clear of any lien or encumbrance by any subcontractor, laborer, materialman, or other creditor of Core & Main, (d) any representation or warranty (other than a warranty as contemplated by Section 10 of this Agreement) provided by Core & Main proves to be materially false or misleading when made, (e) any material failure of Core & Main to comply with or perform according to the terms of this Agreement or to correct such failure to perform within any cure period specified in this Agreement. In the event of default by Core & Main, Client may exercise any and all remedies available to it under this Agreement. 8. Insolvency. In the event that either Party becomes insolvent or makes an assignment for the benefit of creditors or is adjudicated bankrupt or admits in writing that it is unable to pay its debts, or should any proceedings be instituted under any state or Federal Law for relief of debtors or for the appointment of a receiver, trustee, or liquidator of either Party, or should voluntary petition in bankruptcy or a reorganization or any adjudication of either Party as an insolvent or a bankrupt be filed, or should an attachment be levied upon either Parties equipment and not removed within five (5) days therefrom, then upon the occurrence of any such event, the other Party shall thereupon have the right to cancel this Agreement and to terminate immediately all work hereunder without further obligation. 9. Taxes, Permits, and Fees. Core & Main shall be responsible for obtaining all permits and related permit fees associated with the Project; however the city must disclose any known fees in advance of contract signing. Client shall pay sales, use, consumer, and like taxes, including tariffs when applicable. Client shall be responsible for securing at its sole expense any other necessary approvals, easements, assessments, or required zoning changes. Client shall be responsible for personal property taxes and real estate taxes on the Project. Core & Main shall be responsible for all taxes measured by Core & Main’s income. 10. Warranty. The warranty provided by Core & Main and the manufacturer on Project Materials and Supplies, Work, and Services shall be as set forth in Appendix D. 11. Indemnity. Subject to Sections 13 and 14 of this Agreement: (a) Except as otherwise expressly provided in Section 11(b) below, Client assumes all liability and risk associated with the use, operation, and storage of the Project Materials and Supplies and for property damage, injuries, or deaths associated with or arising out of the use and operation of the Project unless said damage, injury, or death is the direct result of Core & Main, its employees, and agents. (b) Core & Main shall indemnify Client and employees against all claims for payment of subcontractors or materialmen hired by Core & Main for Work relating to the Project. Core & Main and Client agree that Core & Main is responsible only for damages that result from the intentional misconduct or the negligent act or omission of Core & Main or its subcontractors. 12. Safety. Core & Main shall have the primary responsibility for the supervision, initiation, and maintaining all safety precautions and programs necessary to complete its Work associated with the Project. Core & Main agrees to comply with all applicable regulations, ordinances, and laws relating to safety. It shall be the responsibility of Client, however, to assure that the sites controlled by Client at which Core & Main expected to do its Work are safe sites. 13. Liability and Force Majeure. Core & Main’s liability under this Agreement shall not exceed the amounts paid to Core & Main by Client hereunder. Neither Core & Main nor Client shall be responsible to each other for any indirect, consequential, incidental, exemplary or special damages resulting in any form from the Project, whether arising out of warranty, indemnity, tort, contract, or otherwise. Neither Core & Main nor Client shall be responsible to each other for injury, loss, damage, or delay that arise from Force Majeure. Core & Main shall not be responsible for any equipment or supplies other than Project Equipment and Supplies. E-5 14. Insurance and Risk. (a) During the Term of this Agreement Core & Main shall maintain and shall assure that its subcontractors maintain insurance as follows: (1) workers’ compensation insurance (or self-insurance) in accordance with applicable law; (2) Comprehensive general liability insurance (3) Motor vehicle liability insurance Such coverage may be provided under primary and excess policies. At the request of Client, Core & Main shall provide or cause its subcontractor to provide to Client a certificate of insurance with respect to such policies. (b) Client shall assume full responsibility for any risk of loss except to the extent that (1) the damages are the result of negligence, failure to act, or willful or intentional act of Core & Main or its subcontractors as provided in Section 11(b) above, or (2) the loss is covered by the insurance contemplated by Section 14(a) above. 15. Hazardous Materials. The Project and the Work expressly excludes any Work or Services of any nature associated or connected with the identification, abatement, cleanup, control, removal, or disposal of Hazardous Materials or substances. Client warrants and represents that, to the best of Client’s knowledge, there is no asbestos or other hazardous materials in the Project premises in areas that Core & Main shall be required to perform work that in any way will affect Core & Main’s ability to complete the Project. If Core & Main is made aware or suspects the presence of Hazardous Materials, Core & Main reserves the right to stop work in the affected area and shall immediately notify Client. It shall remain Client’s responsibility to correct the condition to comply with local and federal standards and regulations. Client shall remain responsible for any Claims that result from the presence of the Hazardous Materials. Client is responsible for proper disposal of all hazardous materials, including but not limited to lithium batteries. 16. Cleanup. Core & Main will be responsible for keeping the Project area free from the accumulation of waste materials or trash that result from the Project-related Work. Upon completion of the initial Project-related Work, Core & Main will remove all waste materials, trash, tools, construction equipment and supplies, and shall remove all surplus materials associated with the Project. 17. Delays and Access. If conditions arise that delay the commencement, completion, or servicing of the Project as a consequence of Force Majeure or failure of Client to perform its obligation that prevents Core & Main or its agents from performing work, then Core & Main will notify Client in writing of the existence of delay and the nature of the delay. Client and Core & Main will then mutually agree upon any new completion dates, disbursement terms, and payment terms for the Work contemplated by this Agreement. Nothing in the foregoing sentence shall be deemed to relieve Client from its obligation to provide Core & Main and its subcontractors reasonable and safe access to facilities that are necessary for Core & Main to complete the Work. 18. Quality of Materials. Core & Main will use the Project Materials and Supplies specified in Appendix A. Where brand names and part numbers are specified Core & Main will use the items listed in Appendix A unless specified items are unavailable or discontinued. In this instance Core & Main will work with Client to choose a substitute. Where brand names are not specified, Core & Main will choose Project Materials and Supplies that are within industry norms and standards. Should Client require Project Materials and Supplies with specific requirements, Client should make these specifications known in a timely manner. Core & Main can use Client-furnished or Client-specific materials; however, Client will need to provide them or pay the difference in price and labor should any exist. Examples of Client specific requirements include but are not limited to country or state of origin, union manufactured, specific brand, or manufacturing process. 19. Financing. If the Parties so agree and have so indicated in Section 1 of this Agreement, Core & Main shall provide financing for the Project pursuant to any separate Financing Contract executed and delivered by the Parties as contemplated by Appendix C. The Financing Contract is not part of this Agreement, and this Agreement is not part of the Financing Contract. 20. Legal Governance. The laws of the State shall govern this Agreement and the relationship of the Parties contemplated hereby. E-6 21. Dispute Resolution. (a) The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either Party may initiate negotiations by providing written notice to the other Party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within three business days from receipt with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by these negotiations within 15 business days following the date of the initial written notice, the matter will be submitted to mediation in according with Section 21(b) below. (b) Except as provided herein, no civil action with respect to any dispute, claim, or controversy arising out of or relating to this Agreement may be commenced until the Parties have attempted in good faith to resolve the matter through a mediation proceeding, under the mediation procedure of the CPR Institute for Dispute Resolution (“CPR”), JAMS/Endispute, the American Arbitration Association (“AAA”), or as otherwise agreed upon by the Parties. Either Party may commence mediation by sending a written request for mediation to the other Party, within 45 business days following the expiration of the 15-business day period under subsection (a) above, setting forth the subject of the dispute and the relief requested. Unless the Parties agree otherwise in writing, a single mediator shall conduct the mediation, and the mediator shall be selected from an appropriate CPR, JAMS/Endispute, AAA or other panel as agreed upon by the Parties. The mediation shall be conducted in the county of the State in which Client has its principal office. Each Party may seek equitable relief prior to or during the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither Party may commence a civil action with respect to the matters submitted to mediation until after the completion of the internal mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the Parties so desire. (c) The Parties further agree that in the event any dispute between them relating to this Agreement is not resolved under Section 21(a) or (b) above, exclusive jurisdiction shall be in the trial courts located within the county of the State in which Client has its principal office, any objections as to jurisdiction or venue in such court being expressly waived. In the event of a breach or threatened breach by Client of this Agreement, Core & Main in its sole discretion may, in addition to other rights and remedies existing in its favor and without being required to post a bond or other security, apply to any court for specific performance and/or injunctive or other relief in order to enforce, or prevent the violation of, this Agreement. BOTH CLIENT AND CORE & MAIN HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF. (d) All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of the State, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State or any other jurisdiction) that would cause the application hereto of the laws of any jurisdiction other than the laws of the State. 22. Attorney’s Fees. In the event of any litigation between Parties hereto arising from or with respect to this Master Project Agreement, the Parties will each bear their own attorneys' fees and costs of the action. 23. Assignability. Client may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without Core & Main’s prior written consent. 24. Notices. All notices and communications related to this Agreement shall be made in following address: If to Client: The City of Edgewater, FL ______________________ ______________________ If to Core & Main: Core & Main LP 590 Ferguson Drive Orlando, FL 32805 With a copy to: Legal Department Core & Main LP 1830 Craig Park Court E-7 St. Louis, MO 63146 Ph: (314) 432-4700 Fax: (314) 432-2550 25. Binding Effect. Each of Client and Core & Main represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by such Party and constitutes a legal, valid and binding agreement of such Party enforceable against such Party in accordance with its terms. 26. Modifications. This Agreement shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed and agreed to by both Core & Main and Client. 27. Severability. Any term or provision found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. 28. Privacy. The Privacy Policy of Core & Main may be accessed at the following URL: www.coreandmain.com/privacy-policy/. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. “CORE & MAIN” CORE & MAIN LP By: ______________________________ Printed Name: _____________________ Printed Title _______________________ “CLIENT” CITY OF EDGEWATER, FL By: ______________________________ Printed Name: _____________________ Printed Title _______________________ E-8 Appendix A Procurement, Installation, and Management Contract Provider: Core & Main LP (“Core & Main”) Client: The City of Edgewater, FL This Procurement, Installation, and Management Contract (the “Installation Contract”) is an Appendix to the Master Project Agreement of even date herewith (the “Master Agreement”) concerning the Project referenced in the Master Agreement. 1.Summary of Work. The Summary of Work for the Project contemplated by the Master Agreement consists of application design of the AMR system, providing and installing all Project Materials and Supplies as listed in Exhibit A-1, and management of the installation process. The purpose of this Work is to upgrade the existing system in order to provide an AMR-capable system that will meet or exceed the Factory Installation Recommendations. Summary of Work: Furnish FlexNet transmitters and meters as necessary. Installation of (2) FlexNet Base Stations (TGBs). Installation and configuration of hosted (Software as a Service) head-end AMI System (Sensus RNI / Sensus Analytics). Training of Utility Staff on FlexNet installation / operation / maintenance. 2.Project Implementation Period. The Project is projected to commence on 7/1/2019, and will be implemented over an approximate 5 year period of time. The head-end software and 1 base station will be installed within approximately 120 days of notice to proceed. 3.Compensation. Client agrees to pay Core & Main as estimated $800,000 for the Project Materials and Supplies over the course of fiscal year 2019 and 2020 and for work as described in Exhibit A-1. This is an estimate based on currently quoted pricing. Actual pricing shall reflect current quoted price at time of release / notice to proceed by Client. Client agrees to pay for each supplemental item as required by Client and agreed by the parties. In addition, Client agrees to pay Core & Main for the Work and Services contemplated by this Installation Contract as set forth in the Master Agreement. Payment terms shall be as follows: (a) Payment for Project Materials and Supplies. Client will make payment to Core & Main for Project Materials and Supplies within 30 days of the receipt of an invoice for such Project Materials and Supplies (which will be invoiced no more frequently than weekly. No payment shall be made for Project Materials and Supplies, however, until Client shall have issued a related Acceptance Certificate, which Client shall issue promptly following its receipt of Project Materials and Supplies. (b) Draw Schedule. This Section 3(b) [ ] shall be applicable, or [ X ] shall not be applicable (mark as appropriate) to this Installation Contract. If this Section 3(b) is applicable, Core & Main shall be entitled to percentage payment for its Work and Services in accordance with the following draw schedule: [ Draw schedule not applicable to this project - see section 3(c) below ] No payment shall be made, however, until Client shall have issued an Acceptance Certificate with respect to such Work and Services, which Client shall issue promptly based on achievement of the draw schedule milestones set forth above. Core & Main shall be paid for Project Materials and Supplies as set forth in Section 3(a) above. (c) No Draw Schedule. If the Parties have not agreed to a draw schedule in Section 3(b) above, Client shall pay Core & Main for all Work and for Services as such Work and Services are performed, with Core & Main to bill Client on a monthly basis for all of the foregoing. Client will make payment for all Work and Services performed under this Installation Contract within 30 days after receipt of Core & Main’s invoice for such Work and Services (which will be invoiced monthly). No payment shall be made, however, until Client shall have issued an Acceptance Certificate E-9 with respect to such Work and Services, which Client shall issue promptly based on achievement of the draw schedule milestones set forth above. Core & Main shall be paid for Project Materials and Supplies as set forth in Section 3(a) above. (d) Financing Contract. Where the Parties have agreed to a separate Financing Contract (which is not part of this Contract, and this Contract is not part of the Financing Contract), payment shall be made as monies are advanced under the Financing Contract. 4. Installation Responsibilities of Core & Main. (a) Project Installation. Core & Main agrees to do the Work, provide the Services, and furnish the Project Materials and Supplies in accordance with Client’s specifications that are attached to this Installation Contract during the estimated construction period listed above. Core & Main will be responsible for installing the Project according to manufacturer standards and such local standards, if any, as are attached hereto or described as follows: Installation of 2 FlexNet base stations pursuant to the network design contained within the network propagation study contained within Appendix A-3. Please see section 4(b) below. Core & Main will warrant the Project Materials and Supplies, the Work, and any other Services as provided in Section 10 of the Master Agreement. Client may elect to execute a Service Contract with Core & Main for additional maintenance provisions. (b) AMI Infrastructure Work. Core & Main will develop a Scope of Work specific to the design, deployment, and execution of any AMI infrastructure work as per the project needs. This Scope of Work will be tailored to the project, as well as any site specific conditions. Once this Scope of Work is developed and mutually agreed upon by the Parties, it will become extension to the Master Project Agreement Appendix A, and as such will be binding between the parties. (c) Disposal. The City will be responsible for the disposal of all waste, debris and materials from the installation of the Project. (d) Liability. Core & Main is not liable for any pre-existing conditions including leaks, faulty workmanship and materials from previous projects or rust. Should such conditions occur (i.e .leaks) Core & Main may document them and at Client’s written request repair them for a negotiated price. (e) Non-Covered Work. Contracted meter change outs contemplate a standard meter change out. In the event that locations exist where conditions exist which require nonstandard work (i.e. move a service location etc., move fences for or other customer structures & items for access, install systems in heavy traffic locations alleys, parking lots etc.), Core & Main and the City will discuss pricing and work may proceed from this point or the city may elect to excuse this work from the project. In any event where safety concerns would cause undue risk to the work Crews this work shall be considered nonstandard and shall be excused from the project. 5. Responsibilities of Client during Installation. (a) Owner-Furnished Data. Client shall provide Core & Main all technical data in Client‘s possession, including previous reports, maps, surveys, and all other information in Client’s possession that Core & Main informs Client’s representative is necessary as it relates to Project. Client shall be responsible for identifying the location of meters. Should Core & Main require assistance in finding the meter location, Client shall locate the meter in a timely manner. (b) Access to Facilities and Property. Client shall make its system facilities and properties available and accessible for inspection by Core & Main and affiliates. (c) Client Cooperation. Client support will be required during implementation of this Improvement Measure to obtain access to meter boxes/pits, infrastructure sites and to coordinate utility interruptions. Client will provide notification in its billing to its customers that Core & Main is performing the designated work and that possible service interruption may result. E-10 (d) Timely Review. That Client through its designated representatives shall examine all invoices, and inspect all completed work by Core & Main in a timely manner. In the event that a Client delay results in the lack of a progress payment disbursement, Core & Main reserves the right to delay further work without penalty until such time as payments are made. Core & Main further reserves all rights and options available to it under the Master Project Agreement. IN WITNESS WHEREOF, the Parties have executed this Installation Contract as of __________________, 20___. “CORE & MAIN” CORE & MAIN LP By: ______________________________ Printed Name: _____________________ Printed Title _______________________ “CLIENT” CITY OF EDGEWATER, FL By: ______________________________ Printed Name: _____________________ Printed Title _______________________ E-11 Exhibit A-1 Material Procurement Summary For Installation Contract Provider: Core & Main LP (“Core & Main”) Client: The City of Edgewater, FL This Material Procurement Summary is an Exhibit to and hence part of the Installation Contract contemplated by the Master Project Agreement (the “Master Agreement”), and it includes all Project Materials and Supplies to be used in connection with the Work contemplated by the Installation Contract and the Master Agreement, as the same will be identified specifically in future invoices generated by Core & Main and attached to each Acceptance Certificate (Exhibit A- 2)contained in the Installation Contract. A summary of the Project Materials and Supplies required for the Project is as follows: Current Year FY 2019 Transmitters % estimate 520M Single Port 70 350 142.00$ 49,700.00$ 520M Dual Port 30 150 158.00$ 23,700.00$ Small Round Valve box for MXU's 500 5.00$ 2,500.00$ TGB's (M400 plus install)1 42,500.00$ 42,500.00$ Software & Services 78,933.00$ Includes 1st year SA/RNI Installation Command Link & Mini Reader 2 750.00$ 1,500.00$ 198,833.00$ Year 1 ‐ FY 2020 All Meters TR/PL total iperl Replace Current 2018 3/4 " iPERL 10,657 3,281 700 114.00$ 79,800.00$ 1 " iPERL 86 86 171.00$ 14,706.00$ 1.5" R2 OMNI 29 29 460.00$ 13,340.00$ 2" R2 OMNI 47 47 675.00$ 31,725.00$ 3" C2 33 1,600.00$ 4,800.00$ 4" C2 55 2,690.00$ 13,450.00$ 8" C2 11 6,750.00$ 6,750.00$ Transmitters % estimate 520M Single Port 70 9752 ‐ 3/4"1,500 142.00$ 213,000.00$ 520M Dual Port 30 2090 1,000 158.00$ 158,000.00$ Small Round Valve box for MXU's 3,000 5.00$ 15,000.00$ Software & Services 52,119.00$ 602,690.00$ Year 2 ‐FY 2021 All Meters TR/PL Total total iperl Replace Current 2018 3/4 " iPERL 10,657 3,981 1,669 114.00$ 190,266.00$ Transmitters % estimate 520M Single Port 70 1,168 142.00$ 165,898.60$ 520M Dual Port 30 501 158.00$ 79,110.60$ Small Round Valve box for MXU's 1,000 5.00$ 5,000.00$ Software & Services 52,119.00$ 492,394.20$ Year 3 ‐ FY 2022 All Meters TR/PL Total total iperl Replace Current 2018 3/4 " iPERL 10,657 5,650 1,669 114.00$ 190,266.00$ Transmitters % estimate 520M Single Port 70 1,168 142.00$ 165,898.60$ 520M Dual Port 30 501 158.00$ 79,110.60$ Small Round Valve box for MXU's 1,000 5.00$ 5,000.00$ Software & Services 53,683.00$ 493,958.20$ Year 4 ‐ FY 2023 All Meters TR/PL Total total iperl Replace Current 2018 3/4 " iPERL 13,932 10,657 7,319 1,669 114.00$ 190,266.00$ Transmitters % estimate ‐$ 520M Single Port 70 1,168 142.00$ 165,898.60$ 520M Dual Port 30 501 158.00$ 79,110.60$ Small Round Valve box for MXU's 1,000 5.00$ 5,000.00$ Software & Services 55,293.00$ 495,568.20$ Year 5 ‐ FY 2024 All Meters TR/PL Total total iperl Replace Current 2018 3/4 " iPERL 13,932 10,657 8,988 1,669 114.00$ 190,266.00$ Transmitters % estimate ‐$ 520M Single Port 70 1,168 142.00$ 165,898.60$ 520M Dual Port 30 501 158.00$ 79,110.60$ Small Round Valve box for MXU's 1,000 5.00$ 5,000.00$ Software & Services 56,952.00$ 497,227.20$ GRAND TOTAL OF PROJECT 2,780,670.80$ Exhibit A‐1 E-12 Exhibit A-2 Acceptance Certificate Client under the Master Project Agreement (the “Master Agreement”) with Core & Main LP hereby certifies: This Acceptance Certificate is a Partial/Final (Circle one) Acceptance Certificate delivered under the Procurement, Installation, and Management Contract (the “Installation Contract”) to which it is attached. 1.The Project Materials and Supplies listed on the attached invoice (or in the event of a final Acceptance Certificate all Project Materials and Supplies provided under the Installation Contract and the Master Agreement), have been delivered to Client. 2.Client has conducted such inspection and/or testing of the Project Materials and Supplies as it deems necessary and appropriate and hereby acknowledges that it accepts the Project Materials and Supplies for all purposes on the date indicated below. The Project Materials and Supplies have been examined and/or tested and are in good operating order and condition and is in all respects satisfactory to the undersigned and complies with the terms of the Installation Contract, subject, however, to the warranty provided in Section 10 of the Master Agreement. 3.Based on and the acceptance set forth herein, Client agrees that the Manufacturer’s Warranty Period on all water equipment shall be deemed to have begun on the date when the manufacturer shipped such equipment and that the Manufacturer’s Warranty Period shall end in accordance to the referenced warranties in Appendix D, Exhibit D-1. 4.Client has examined all Work and Services performed by Core & Main and covered by the related invoice or draw requests and finds such Work and Services to have been performed in a workmanlike manner and in accordance with all applicable specifications. Client therefore accepts such Work and Services. Based on the acceptance set forth herein, Client agrees that the Warranty Period for the Work and Services shall end on _____________, 20__ (i.e. one year from the date of shipment). 5.The following is a punch list of items left to be completed for current phase or final phase (Circle one) of the Project: Insert Punch list Agreed to and Accepted as of __________, 20__ by: “CLIENT” CITY OF EDGEWATER, FL By: ______________________________ Printed Name: _____________________ Printed Title _______________________ E-13 Exhibit A-3 Sensus Advanced Metering Infrastructure (AMI) Agreement Confidential │Page 1 of 16 Software and Spectrum Lease Agreement between City of Edgewater, FL (“Customer”) and Sensus USA Inc. (“Sensus”) IN WITNESS WHEREOF, the parties have caused this Software and Spectrum Lease (“Agreement”) to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the “Effective Date.” This Agreement shall commence on the Effective Date and continue for/until: 5 Years (“Initial Term”). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years (“Renewal Term”). The “Term” shall refer to both the Initial Term and the Renewal Term. This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer and Part (2) is a Software and Spectrum Lease between Sensus and Customer. Together, these two parts create the Agreement. Sensus USA Inc. Customer: City of Edgewater, FL By: {{Sig_es_:signer3:signature}} By: {{Sig_es_:signer2:signature}} Name: {{Sig_es_:signer3:fullname}} Name: {Michael Thomas_es_:signer2:fullname}} Title: {{Sig_es_:signer3:title}} Title: {{Mayor Date: {{Dte_es_:signer3:date}} Date: {{Dte_es_:signer2:date}} Contents of this Agreement: Part 1: Notification for Spectrum Manager Lease Part 2: Agreement Exhibit A Software Exhibit B Technical Support Confidential │Page 2 of 16 Part 1: Notification for Spectrum Manager Lease In order for Sensus to apply to the FCC on the Customer’s behalf for a spectrum manager lease, Customer must complete the information below in boxes one (1) through ten (10) and certify via authorized signature. Customer’s signature will indicate that Customer authorizes Sensus to file the spectrum manager lease notification on FCC Form 608 with the Customer as spectrum Lessee, and if Customer does not already have one, ownership disclosure information on FCC Form 602. 1. Customer/Lessee Name: City of Edgewater Attention To: City Manager Name of Real Party in Interest: Glenn Irby Street Address: PO Box 100 City: Edgewater State: FL Zip: 32132 Phone: 386-424-2400 ext. 1201 Fax: 386-424-2421 Email: citymanager@cityofedgewater.org Is Customer contact information same as above? Yes No (If No, complete box 2 below) 2. Additional Customer/Lessee Contact Information Company Name: City of Edgewater Attention To: Brenda Dewees , Director of Environmental Services Street Address: PO Box 100 City: Edgewater State: FL Zip: 32759 Phone: 386-424-2400 ext. 4001 Fax: 386-424-2480 Email: bdewees@cityofedgewater.org 3. Customer/Lessee is a(n) (Select one): Individual ǀ Unincorporated Association ǀ Trust Government Entity ǀ Corporation ǀ Limited Liability Company ǀ General Partnership Limited Partnership ǀ Limited Liability Partnership ǀ Consortium ǀ Other __________ 4. FCC Form 602: FCC File Number of Customer’s Form 602 Ownership Information: __________. If Customer has not filed a Form 602, Sensus will file one for Customer. Please complete questions 5, 6, and 7 below if Customer does not have a Form 602 on file. Customer must complete items 8, 9 and 10 irrespective of whether Customer has an ownership report on file. 5. Customer Tax ID: 85-8013848356C-7 6. Individual Contact For FCC Matters Please designate one individual (the Director of Public Works or similar person) who is responsible to the FCC for the operation of the FlexNet radio system. Name Jack Sterba Title: IT Manager Email: JSterba@cityofedgewater.org Phone: 386-424-2400 ext 1901 7. Ownership Disclosure Information If Customer/Lessee is a government entity, list the names of the Mayor and all Council Members below, as well as verify citizenship and ownership interests in any entity regulated by the FCC. Such ownership must be disclosed where a mayor/council member owns 10% or more, directly or indirectly, or has operating control of any entity subject to FCC regulation. If any answer to Ownership question is Yes, or any answer to Citizenship question is No, provide an attachment with further explanation. US Citizen? Ownership Disclosure? Mayor: Michael Thomas Yes No Yes No Council Member: Christine Power Yes No Yes No Council Member: Kimberlly Klein-Yaney Yes No Yes No Council Member: Megan O’Keefe Yes No Yes No Confidential │Page 3 of 16 Council Member: Gary Conroy Yes No Yes No Council Member: Yes No Yes No Council Member: Yes No Yes No Council Member: Yes No Yes No Council Member: Yes No Yes No Council Member: Yes No Yes No 8. Alien Ownership Questions (if the answer is Yes, provide an attachment explaining the circumstances) 1) Is the Customer/Lessee a foreign government or the representative of any foreign government? Yes No 9. Basic Qualification Information 1) Has the Customer or any party to this application had any FCC station authorization, license, or construction permit revoked or had any application for an initial, modification or renewal of FCC station authorization, license or construction permit denied by the Commission? Yes No 2) Has the Customer or any party to this filing, or any party directly or indirectly controlling the Customer or any party to this filing ever been convicted of a felony by any state or federal court? Yes No 3) Has any court finally adjudged the Customer or any party directly or indirectly controlling the Customer guilty of unlawfully monopolizing or attempting to unlawfully monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means or unfair methods of competition? Yes No 10. Customer/Lessee Certification Statements 1) The Customer/Lessee agrees that the Lease is not a sale or transfer of the license itself. Yes 2) The Customer/Lessee acknowledges that it is required to comply with the Commission’s Rules and Regulations and other applicable law at all times, and if the Customer/Lessee fails to so comply, the Lease may be revoked, cancelled, or terminated by either the Licensee or the Commission. Yes 3) The Customer/Lessee certifies that neither it nor any other party to the Application/Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C § 862, because of a conviction for possession or distribution of a controlled substance (See Section 1.2002(b) of the rules, 47 CFR § 1.2002(b), for the definition of “party to the application” as used in this certification.) Yes 4) The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the license and lease authorization. The Lessee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or the Licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with applicable Commission policies. Yes 5) The Customer/Lessee acknowledges that in the event an authorization held by a Licensee that has associated with it a spectrum leasing arrangement that is the subject of this filing is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Customer/Lessee will have no continuing authority to use the leased spectrum and will be required to terminate its operations no later than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission. Yes 6) The Customer/Lessee agrees the Lease shall not be assigned to any entity that is not eligible or qualified to enter into a spectrum leasing arrangement under the Commission’s Rules and Regulations. Yes 7)The Customer/Lessee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by spectrum lease or otherwise. Yes 8) The Customer/Lessee certifies that it is not in default on any payment for Commission licenses and that it is not delinquent on any non-tax debt owed to any federal agency. Yes The Customer/Lessee certifies that all of its statements made in this Application/Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application/Notification, and are true, complete, correct, and made in good faith. The Customer/Lessee shall notify Sensus in writing in the event any information supplied on this form changes. City of Edgewater, FL By: {{Sig_es_:signer1:signature}} Title: Mayor {{Sig_es_:signer1:title}} Name: {Michael Thomas{Sig_es_:signer1:fullname}} Date: {{Dte_es_:signer1:date}} FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)) AND/OR FORFEITURE (U.S. Code Title 47, Section 503). Confidential │Page 4 of 16 Part 2: Agreement 1. General A. Agreement Generally. The scope of this Agreement includes usage terms for Sensus’ hosted Software solution, licensed Software, leased spectrum, technical support, and supporting terms and conditions for an advanced metering infrastructure solution that Customer will purchase from Sensus’ authorized distributor. Customer is not paying Sensus directly for the services provided by Sensus under the Agreement; rather, Customer shall pay Sensus’ authorized distributor pursuant to a separate agreement between Customer and such authorized distributor. 2. Software. A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined in Exhibit A, only so long as Customer is current in its payments for such services. B. Software License. i. License. (a) Subject to all the terms and conditions of this Agreement, Sensus hereby grants to Customer for the Ongoing Fees, a nonexclusive, non-transferable, royalty-bearing license under Sensus’ intellectual property rights (the “Software License”) to use the Licensed Software for the Permitted Use. The Software License is personal to Customer and is nonsublicense able to Affiliates or other third parties. Customer shall have no rights to the Licensed Software other than those expressly granted in this Section; this Software License contains no implied licenses. Customer shall not use the Licensed Software other than for the Permitted Use. (b) Except as expressly authorized in accordance with the Permitted Use, Customer shall not (and shall not attempt to): (a) use, copy, adapt, translate, publish, display, sublicense, rent, lease, lend, transfer or distribute the Licensed Software, related documentation, or any copy thereof; (b) improve, enhance, revise, modify or make any other derivatives of the Licensed Software, related documentation or any copy or part thereof. Customer shall not reverse assemble, reverse compile, reverse engineer or otherwise translate or decode the Licensed Software or any part thereof, or any copy thereof. Sensus’ suppliers of software and documentation (or any part thereof) are beneficiaries of this provision. Customer shall not destroy, remove or otherwise alter any proprietary notices (including, but not limited to, copyright notices) on the Licensed Software or related documentation, or any copy thereof, and agrees to reproduce any such notice(s) on any copy thereof it makes pursuant to this Software License. (c) All software licenses provided hereunder shall commence on the Effective Date and shall terminate immediately when this Agreement expires or is earlier terminated for any reason or if Customer uses the Software provided hereunder other than for the Permitted Use. ii. Access to Licensed Software. Customer shall ensure that only Customer employees and Customer independent contractors who need access to the Licensed Software for Customer to obtain the benefits of this Agreement may access it. Customer is liable for ensuring that its employees and independent contractors abide by the terms of this Agreement. iii. Third Party Software. (a) In addition to the Licensed Software, Sensus shall provide Customer with certain third party software (which may contain open source software), as determined by Sensus from time to time (the “Bundled Third Party Software”). Customer acknowledges that it has received the terms and conditions of the Bundled Third Party Software (“Third Party EULAs”). Customer accepts the Third Party EULAs and agrees to comply with the terms of such Third Party EULAs. (b) Exhibit A contains, under the heading Non-Bundled Third Party Software, certain third party software (“Non-Bundled Third Party Software”). Customer must license the Non-Bundled Third Party Software directly from third party licensors in order to operate the FlexNet System. (c) Customer acknowledges that both the Bundled Third Party Software and the Non-Bundled Third Party Software are subject to various rights and restrictions in favor of or imposed by the licensors thereof and that Customer’s use of the Bundled Third Party software and/or Non-Bundled Third Party Software is subject to all such rights and restrictions. Sensus provides no warranty, indemnity nor support of or in relation to any third party software. All such rights and obligations are a matter strictly between Customer and the relevant third party licensors. iv. Support and Maintenance. (a) For so long as the Customer pays the Ongoing Fees, Sensus shall provide Customer with ongoing Licensed Software Patches, Updates, ongoing Licensed Software maintenance and remote telephone support of the Licensed Software according to the terms set forth in Exhibit B. Upgrades are not included hereunder and shall be priced separately. (b) Sensus will support and will maintain compatibility with the most recent Release and the two prior Releases (“Previous Releases”). If Customer requires support for versions that were released earlier than the Previous Releases, Customer’s Ongoing Fees for Licensed Software maintenance shall increase by thirty-three percent (33%) per year until Customer upgrades to a supported version of the Licensed Software. v. Effect of Termination. Upon the termination of the Software License, all rights of the Customer to use the Licensed Software shall immediately cease and Customer shall promptly remove and return to Sensus all copies of the Licensed Software and any related documentation and shall instruct all its employees that further use of the Licensed Software is prohibited. C. UCITA. To the maximum extent permitted by law, the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply, in whole or in part, to this Agreement. 3. Spectrum A. Definitions in this Section 3. In this Section 3 only, “Sensus” shall mean Sensus USA Inc. and its wholly owned subsidiary, Sensus Spectrum LLC. B. Spectrum Lease. Sensus hereby grants to Customer, and Customer accepts, a spectrum manager lease (“Spectrum Lease”) over the frequencies of certain FCC license(s) (“FCC License”) solely within Customer’s Service Territory. (The frequencies of the FCC License within Customer’s geographic Service Territory are called the “Leased Spectrum”). Customer shall pay the Ongoing Fees for use of the Leased Spectrum. C. FCC Forms. At the Federal Communications Commission (“FCC”), Sensus will; (1) obtain an FCC Registration Number (“FRN”)) for Customer; (2) submit on behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) file a FCC Form 608, notification/application for long-term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608. D. Lease Application. In order to complete the FCC lease application, Customer will promptly: E. Permitted Use of Spectrum Lease and Equipment. Customer may transmit or receive over the Leased Spectrum only in the Service Territory and only using FlexNet equipment manufactured by Sensus and used in accordance with Sensus’ specifications. Customer may use the Leased Spectrum only to read and direct Field Devices or any other operation approved by Sensus in writing. Without limiting the foregoing, Customer is prohibited from reselling, subleasing or sublicensing the FlexNet Equipment and Leased Spectrum, and from transmitting voice communications over the Leased Spectrum. For each piece of RF Field Equipment used by Customer, Customer shall affix a Sensus-supplied label to the exterior of the RF Field Equipment cabinet or other appropriate visible place to indicate that RF operation is conducted under authority of FCC License(s) issued to Sensus. i. Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates it qualifies for a spectrum lease under FCC rules. Customer’s signature will indicate that Customer authorizes Sensus to; (1) obtain an FRN on behalf of Customer; (2) submit the FCC Form 602 Ownership Disclosure Information on behalf of Customer if Customer has not already done so; and (3) file the spectrum manager lease notification on FCC Form 608 with the Customer as spectrum lessee. Confidential │Page 5 of 16 ii. Give Sensus the coordinates of the boundaries of Customer’s Service Territory or, alternatively, approve Sensus’ estimation of the same. iii. If Customer has not already done so; Customer hereby authorizes Sensus to apply on Customer’s behalf and obtain for Customer a Federal Registration Number (FRN, the FCC’s unique identifier for each licensee) and shall supply Sensus with Customer’s Taxpayer Identification Number (“TIN”). iv. Provide any other information or other cooperation reasonably necessary for the Parties to perform as set forth herein. F. FCC Forms. At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC Registration Number (FRN) for Customer; (2) submit on behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) file a FCC Form 608, notification/application for long-term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608. G. Term of Spectrum Lease. Unless terminated earlier (because, for example, Customer stops using the FlexNet equipment or because this Agreement terminates or expires for any reason), this Spectrum Lease will have the same term as the FCC license. If Customer is operating in compliance with this Agreement and is current on any payments owed to Sensus, when the FCC License renews, the Parties will apply to the FCC to renew this Spectrum Lease. H. Termination of Spectrum Lease. The Spectrum Lease will terminate: (a) two months after Customer stops transmitting with FlexNet equipment manufactured by Sensus; (b) upon termination, revocation or expiration of the FCC License; (c) upon Customer’s breach of this Agreement; or (d) upon termination or expiration of this Agreement for any reason. I. FCC Compliance. The following FCC requirements apply i. Pursuant to 47 CFR 1.9040(a); a. Customer must comply at all times with applicable FCC rules. This Agreement may be revoked by Sensus or the FCC if Customer fails to so comply; b. If the FCC License is terminated, Customer has no continuing right to use the Leased Spectrum unless otherwise authorized by the FCC; c. This Agreement is not an assignment, sale or other transfer of the FCC License; d. This Agreement may not be assigned except upon written consent of Sensus, which consent may be withheld in its discretion; and e. In any event, Sensus will not consent to an assignment that does not satisfy FCC rules. ii. Referencing 47 CFR 1.9010, Sensus retains de jure and de facto control over the applicable radio facilities, including that, a. Sensus will be responsible for Customer’s compliance with FCC policies and rules. Sensus represents and warrants that it has engineered the FlexNet equipment and accompanying software and other programs to comply with FCC rules. Customer will operate the FlexNet equipment subject to Sensus’ supervision and control and solely in accordance with Sensus’ specifications. Sensus retains the right to inspect Customer’s radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, including to order Customer to cease transmission. Sensus will act as spectrum manager in assigning spectrum under the FCC License so as to avoid any harmful interference or other violation of FCC rules. Sensus will be responsible for resolving any interference complaints or other FCC rule violations that may arise; and b. Sensus will file any necessary FCC forms or applications and Customer agrees to reasonably assist Sensus with such filing by providing any necessary information or other cooperation. Sensus will otherwise interact with the FCC with respect to this Agreement, the FCC License or FlexNet equipment. J. Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident related to the Leased Spectrum, including where Customer experiences harmful interference, receives a complaint or other notice of having caused harmful interference, or receives any type of communication from the FCC or other government agency regarding radio transmission. 4. Equipment. A. Purchase of Equipment. Customer shall purchase all Field Devices, RF Field Equipment, and other goods (collectively, “Equipment”) from Sensus’ authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus’ authorized distributor. This Agreement shall not affect any terms and conditions, including any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus’ Terms of Sale shall apply. The “Terms of Sale” are available at: https://www.sensus.com/tc, or 1-800-METER-IT B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND TITLE. 5. Services. A. Installation of Equipment. Installation services for Field Devices, other goods, and RF Field Equipment will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide installation services pursuant to this Agreement B. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. C. Project Management. Sensus’ authorized distributor will provide project management services to Customer. Any project management of the FlexNet System provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. D. Training. Sensus’ authorized distributor will provide Customer with training on the use of the FlexNet System. Any training provided by Sensus shall be subject to a separate agreement which describes the scope and pricing for such work. E. IT Systems Integration Services. Except as may otherwise be provided herein, integration of the Software into Customer’s new or existing internal IT systems is not included in this Agreement. Any integration work shall be subject to a separate agreement which describes the scope and pricing for such work. F. Software Implementation. Sensus shall install and configure the Software and shall install the Software on the Server Hardware. 6. General Terms and Conditions. A. Infringement Indemnity. Sensus shall indemnify and hold harmless Customer from and against any judgment by a court of competent jurisdiction or settlement reached from any litigation instituted against Customer in the United States by a third party which alleges that the AMI System provided hereunder infringes upon the patents or copyrights of such third party, provided that Sensus shall have the right to select counsel in such proceedings and control such proceedings. Notwithstanding the foregoing, Sensus shall have no liability under this indemnity unless Customer cooperates with and assists Sensus in any such proceedings and gives Sensus written notice of any claim hereunder within fourteen (14) days of receiving it. Further, Sensus shall have no liability hereunder if such claim is related to; (i) any change, modification or alteration made to the AMI System by Customer or a third party, (ii) use of the AMI System in combination with any goods or services not provided by Sensus hereunder, (iii) Customer’s failure to use the most recent version of the Software or to otherwise take any corrective action as reasonably directed by Sensus, (iv) compliance by Sensus with any designs, specifications or instructions provided by Customer or compliance by Sensus with an industry standard, or (v) any use of the AMI System other than for the Permitted Use. In the event the AMI System is adjudicated to infringe a patent or copyright of a third party and its use is enjoined, or, if in the reasonable opinion of Sensus, the AMI System is likely to become the subject of an infringement claim, Sensus, at its sole discretion and expense, may; (i) procure for Customer the right to continue using the Confidential │Page 6 of 16 AMI System or (ii) modify or replace the AMI System so that it becomes non-infringing. THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SENSUS’ ENTIRE LIABILITY FOR ANY CLAIM OF INFRINGEMENT. B. Limitation of Liability. Sensus’ aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively “Causes of Action”) shall not exceed the greater of; (a) the total amount paid by Customer directly to Sensus under this Agreement; or (b) ten thousand US dollars (USD 10,000.00). This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus’ liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In/Out Costs; nor (v) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer conditions, or excessive water pressure. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus’ and Customer’s obligations hereunder shall cease and the software as a service and Spectrum Lease shall immediately cease. D. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure. E. Intellectual Property Rights. i. Software and Materials. No Intellectual Property is assigned to Customer hereunder. Excluding Customer Data, Sensus shall own or continue to own all right, title, and interest in and to the Intellectual Property associated with the Software and related documentation, including any derivations and/or derivative works (the “Sensus IP”). To the extent, if any, that any ownership interest in and to such Sensus IP does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Sensus IP. Customer agrees not to reverse engineer any Sensus Products purchased or provided hereunder. ii. Customer Data. Notwithstanding the prior paragraph, as between Customer and Sensus, Customer remains the owner of all right, title or interest in or to any Customer Data. “Customer Data” means solely usage data collected by the Field Devices. To avoid doubt, Customer Data does not include non- End User usage data collected by the Field Devices, Software, or AMI System, such as network and equipment status information or the like. iii. Consent to Use of Customer Data. Customer hereby irrevocably grants to Sensus a royalty-free, non-exclusive, irrevocable right and license to access, store, and use such Customer Data and any other data or information provided to Sensus, to (1) provide the Service; (2) analyze and improve the Service; (3) analyze and improve any Sensus equipment or software; or (4) for any other internal use. As used herein, “Service” means Sensus' obligations under this Agreement. iv. Access to Customer Data. Within 45 days of Customer’s written request, Sensus will provide Customer a copy of the previous 24 months CMEP interval file and deliver the file to a drop location specified by Customer. F. Data Privacy. Customer acknowledges that Sensus and its Affiliates (collectively, “Xylem”) will collect and process personal data for the purposes outlined in this Agreement. Xylem’s data privacy policy is available at https://www.xylem.com/en-us/support/privacy/. Customer acknowledges that it has read and understood Xylem’s privacy policy and agrees to the use of personal data outlined therein. The collection and use of personal data by Customer is Customer’s responsibility. G. Confidentiality. Except as may be required under applicable law, court order, or regulation, or to the extent required to perform and enforce this Agreement, both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party. The Confidential Information may be transmitted orally, in writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, “Confidential Information” shall not include; (i) any information that is in the public domain other than due to Recipient’s breach of this Agreement; (ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. “Discloser” means either party that discloses Confidential Information, and “Recipient” means either party that receives it. H. Compliance with Laws. Customer shall comply with all applicable country, federal, state, and local laws and regulations, as set forth at the time of acceptance and as may be amended, changed, or supplemented. Customer shall not take any action, or permit the taking of any action by a third party, which may render Sensus liable for a violation of applicable laws. i. Export Control Laws. Customer shall; (i) comply with all applicable U.S. and local laws and regulations governing the use, export, import, re-export, and transfer of products, technology, and services; and (ii) obtain all required authorizations, permits, and licenses. Customer shall immediately notify Sensus, and immediately cease all activities with regards to the applicable transaction, if the Customer knows or has a reasonable suspicion that the equipment, software, or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services, Customer certifies that it is not on any U.S. government export exclusion list. ii. Anti-Corruption Laws. Customer shall comply with the United States Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1, et seq.; laws and regulations implementing the OECD’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the U.N. Convention Against Corruption; the Inter-American Convention Against Corruption; and any other applicable laws and regulations relating to anti- corruption in the Customer’s county or any country where performance of this Agreement, or delivery or use of equipment, software or services will occur. I. Non-Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive that party’s right to enforce and compel strict compliance with the same or other articles or provisions. J. Assignment and Sub-contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party’s consent; (i) to an Affiliate; (ii) as part of a merger; or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration work (if applicable), or project management (if applicable), without requiring Customer’s consent. K. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus. L. Governing Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination (“Disputes”) shall first be Confidential │Page 7 of 16 resolved by mediation between the Parties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. M. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. N. Severability. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. O. Four Corners. This written Agreement, including all of its exhibits, represents the entire understanding between and obligations of the parties and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in it. The ONLY operative provisions are set forth in writing in this Agreement. Without limiting the generality of the foregoing, no purchase order placed by or on behalf of Customer shall alter any of the terms of this Agreement. The parties agree that such documents are for administrative purposes only, even if they have terms and conditions printed on them and even if and when they are accepted and/or processed by Sensus. Any goods, software or services delivered or provided in anticipation of this Agreement (for e.g., as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment) under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon its execution and it replaces and supersedes any such purchase orders. P. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Additionally, this Agreement may be executed by facsimile or electronic copies, all of which shall be considered an original for all purposes. 7. Definitions. As used in this Agreement, the following terms shall have the following meanings: A. “Affiliate” of a party means any other entity controlling, controlled by, or under common control with such party, where “control” of an entity means the ownership, directly or indirectly, of 50% or more of either; (i) the shares or other equity in such entity; or (ii) the voting rights in such entity. B. “Confidential Information” means any and all non-public information of either party, including all technical information about either party’s products or services, pricing information, marketing and marketing plans, Customer’s End Users’ data, FlexNet System performance, FlexNet System architecture and design, FlexNet System software, other business and financial information of either party, and all trade secrets of either party. C. “End User” means any end user of electricity, water, and/or gas (as applicable) that pays Customer for the consumption of electricity, water, and/or gas, as applicable. D. “Field Devices” means the SmartPoint Modules . E. “FlexNet Base Station” identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an R100 unit) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. For clarity, FlexNet Base Stations include Metro Base Stations. F. “FlexNet System” is comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, Spectrum Lease, and other equipment provided to Customer hereunder. The FlexNet System only includes the foregoing, as provided by Sensus. The FlexNet System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement. G. “Force Majeure” means an event beyond a party’s reasonable control, including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion. H. “Hosted Software” means those items listed as an Application in Exhibit A. I. “In/Out Costs” means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User’s premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. J. “Intellectual Property” means patents and patent applications, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskwork rights, moral rights, author’s rights, and other intellectual property rights, including any derivations and/or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto. K. “LCM” identifies the load control modules. L. “Ongoing Fee” means the annual or monthly fees, as applicable, to be paid by Customer to Sensus’ authorized distributor during the Term of this Agreement. M. “Patches” means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity, Patches are not Updates or Upgrades. N. “Permitted Use” means only for reading and analyzing data from Customer’s Field Devices in the Service Territory. The Permitted Use does not include reading third devices not provided by Sensus or reading Field Devices outside the Service Territory. O. “R100 Unit” identifies the Sensus standalone, mounted transceiver that takes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station or directly to the RNI by TCP/IP backhaul communication, as the case may be. P. “Release” means both Updates and Upgrades. Q. “Remote Transceiver” identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP/IP backhaul communication. R. “RF Field Equipment” means, collectively, FlexNet Base Stations, R100 units (if any) and Remote Transceivers (if any). S. “RNI” identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer. T. “RNI Software” identifies the Sensus proprietary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. U. “Service Territory” identifies the geographic area where Customer utilizes Sensus equipment to provide services to End Users as of the Effective Date. This area will be described on the propagation study in the parties’ Spectrum Lease filing with the FCC. V. “Server Hardware” means the RNI hardware. W. “SmartPoint™ Modules” identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer’s End Users’ premises that communicate with the relevant devices and transmit those communications by radio frequency to the relevant piece of RF Field Equipment. X. “Software” means all the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. The Software does not include any third party software. Y. “Updates” means releases of the Software that constitute a minor improvement in functionality. Z. “Upgrades” means releases of the Software which constitute a significant improvement in functionality or architecture of the Software. AA. “WAN Backhaul” means the communication link between FlexNet Base Stations and Remote Transceivers and RNI. Confidential │Page 8 of 16 Exhibit A Software Software as a Service 1. Description of Services. This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer; and (ii) the Customer is current in its payments to Sensus’ authorized distributor for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring, maintenance, management, and supporting of Customer’s software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, network equipment, Sensus software, and all third-party software) required to run and operate the application. These software applications consist of the following (each an “Application”): ● Regional Network Interface (RNI) Software ● Sensus Analytics ○ Enhanced Package ● Consumer Portal The managed application systems consist of the hardware, Sensus Software, and other third-party software that is required to operate the software applications. Each Application will have a production, and Disaster Recovery (as described below) environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Use of Software as a Service. Subject to the terms of this Agreement, Sensus shall make Software as a Service available to Customer to access and use solely for the Permitted Use and solely for so long as Customer is current in its payments to Sensus or its authorized distributor for Software as a Service. The Software as a Service term commences on the date that Sensus first makes Software as a Service available to Customer for use, and ends upon the earlier of: (i) the expiration or termination of the Agreement; (ii) breach by Customer of this exhibit or the Agreement; or (iii) Customer’s termination of Software as a Service as set forth in paragraph (C) below. C. Termination of Software as a Service. Customer shall have the option at any time before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges that; (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees due in the current calendar year plus a ten percent (10%) early termination fee, where such fee is calculated based on the annual Software as a Service fee due in the current calendar year; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sensus, Customer shall purchase the necessary (a) RNI hardware from a third party and (b) RNI software license at Sensus' then-current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license. D. Software as a Service means only the following services: i. Sensus will provide the use of required hardware, located at Sensus’ or a third-party’s data center facility (as determined by Sensus), that is necessary to operate the Application. ii. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers: (a) Network addresses and virtual private networks (VPN) (b) Standard time source (NTP or GPS) (c) Security access points (d) Respond to relevant alarms and notifications v. Capacity and performance management. Sensus will: (a) Monitor capacity and performance of the Application server and software applications 24x7x365 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance (i.e. database, backspool, logs, message broker storage, etc.) (b) If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B, Technical Support. (c) Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. (d) Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures. (e) Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures. vi. Database management. Sensus will: (a) Define data retention plan and policy. (b) Monitor space and capacity requirements. (c) Respond to database alarms and notifications. (d) Install database software upgrades and patches. (e) Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc. vii. Incident and Problem Management. Sensus will: (a) Proactively monitor managed systems (24x7x365) for key events and thresholds to proactively detect and identify incidents. (b) Respond to incidents and problems that may occur to the Application(s). (c) Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. Confidential │Page 9 of 16 (d) Correlate incidents and problems where applicable. (e) Sensus personnel will use the Salesforce Self Service Portal to document and track incidents. (f) In the event that Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). (g) Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer’s personnel and/or any required third-party vendor to resolve the issue. (h) Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management. Sensus will: (a) Monitor the physical and cyber security of the server and Application(s) 24x7x365 to ensure system is highly secure in accordance with NIST Security Standards. (b) Perform active intrusion prevention and detection of the data center network and firewalls, and monitor logs and alerts. (c) Conduct period penetration testing of the network and data center facilities. (d) Conduct monthly vulnerability scanning by both internal staff and external vendors. (e) Perform Anti-Virus and Malware patch management on all systems. (f) Install updates to virus protection software and related files (including Virus signature files and similar files) on all servers from the update being generally available from the anti-virus software provider. (g) Respond to any potential threat found on the system and work to eliminate Virus or Malware found. (h) Adhere to and submit certification to NERC/CIP Cyber Security standards. (i) Monitors industry regulation/standards regarding security – NERC, FERC, NIST, OpenSG, etc. through the dedicated Sensus Security team. (j) Provide secure web portal access (SSL) to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will: (a) Perform daily backups of data providing one (1) year of history for auditing and restoration purposes. (b) Back-up and store data (on tapes or other storage media as appropriate) off-site to provide protection against disasters and to meet file recovery needs. (c) Conduct incremental and full back-ups to capture data, and changes to data, on the Application(s). (d) Replicate the Application(s) environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system. (e) Provide disaster recovery environment and perform fail-over to DR environment within forty-eight (48) hours of declared event. (f) Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution. (g) Maintain a disaster recovery plan. In the event of a disaster, Sensus shall provide the services in accordance with the disaster recovery plan. (h) In the case of a disaster and loss of access to or use of the Application, Sensus would use commercially reasonable efforts per the Recovery Time Objectives and Recovery Point Objectives specified herein to restore operations at the same location or at a backup location within forty-eight (48) hours. (i) The Application shall have a Recovery Time Objective (RTO) of forty-eight (48) hours. (j) The Recovery Point Objective (RPO) shall be a full recovery of the Application(s), with an RPO of one (1) hours, using no more than a twenty-four (24) hour old backup. All meter-related data shall be pushed from each Base Station/TGB restoring the database to real-time minus external interfaced systems from the day prior. (k) Data from external interfaced systems shall be recreated within a forty-eight (48) hour period with the assistance of Customer personnel and staff, as needed. E. Customer Responsibilities: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e., billing files) for Customer’s billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. vi. First response labor to troubleshoot FlexNet Base Station, R100s, Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration, management, and support. viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts. x. Customize application configurations. xi. Support application users. xii. Investigate application operational issues (e.g., meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications. xiv. Perform firmware upgrades over-the-air, or delegate and monitor field personnel for on-site upgrades. F. Software as a Service does not include any of the following services: i. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Harris MeterSense, would require a Professional Services contract agreement to be scoped, submitted, and agreed in a signed writing between Sensus and all the applicable parties. If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing. 2. Further Agreements A. System Uptime Rate. i. Sensus (or its contractor) shall manage and maintain the Application(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Application(s) via internet or point to point connection (i.e., Managed-Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows: Confidential │Page 10 of 16 System Uptime Rate = 100 x (TMO – Total Non-Scheduled Downtime minutes in the Month) TMO ii. Calculations a. Targeted Minutes of Operation or TMO means total minutes cumulative across all Applications in the applicable month minus the Scheduled Downtime in the Month. b. Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. c. Non-Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair). iii. Exceptions. Exceptions mean the following events: • Force Majeure • Emergency Work, as defined below; and • Lack of Internet Availability, as described below. a. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) (“Emergency Work”). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re-setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the ”Managed Systems”). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. b. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus’ networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer’s connections to, the Internet or point-to-point data connection (or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. iv. System Availability. For each month that the System Uptime Rates for the production RNI falls below 99.0%, Sensus will issue Customer the following Service Level Credits: System Uptime Rate per calendar month Service Level Credit Less than 99.0% but at least 97.5% 5% of the monthly RNI SaaS Fees in which the service level default occurred (Note: SaaS fees are pre-paid annually and for purposes of SLA Credits are computed on a monthly basis.) Less than 97.5% but at least 95.0% 10% of the monthly RNI SaaS Fees in which the service level default occurred Less than 95.0% 20% of the monthly RNI SaaS Fees in which the service level default occurred Service Level Credits for any single month shall not exceed 20% of the RNI SaaS Fee associated with the month in which the service level default occurred. Sensus records and data will be the sole basis for all Service Level Credit calculations and determinations, provided that such records and data must be made available to Customer for review and agreement by Customer. To receive a Service Level Credit, Customer must issue a written request no later than ten (10) days after the Service Level Credit has accrued. Sensus will apply each valid Service Level Credit to the Customer’s invoice within 2 billing cycles after Sensus’ receipt of Customer’s request and confirmation of the failure to meet the applicable Service Level Credit. Service Level Credits will not be payable for failures to meet the System Uptime Rate caused by any Exceptions. No Service Level Credit will apply if Customer is not current in its undisputed payment obligations under the Agreement. Service Level Credits are exclusive of any applicable taxes charged to Customer or collected by Sensus. Sensus shall not refund an unused Service Level Credits or pay cash to Customer for any unused Service Level Credits. Any unused Service Level Credits at the time the Agreement terminates will be forever forfeited. THE SERVICE LEVEL CREDITS DESCRIBED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDY FOR SENSUS’ FAILURE TO MEET THE SYSTEM UPTIME REQUIREMENT OR ANY DEFECTIVE SAAS PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE AMOUNT OF SERVICE LEVEL CREDITS IN ANY ANNUAL PERIOD EXCEED 20% OF THE ANNUAL RNI SAAS FEE. B. Data Center Site-Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems: i. The computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more uninterruptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power. iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-over environmental units. iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time. v. Dry pipe pre-action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy. C. Responsibilities of Customer. i. Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user; or (iii) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer’s access to or use of the Application(s). Confidential │Page 11 of 16 iii. The provisioning, compatibility, operation, security, support, and maintenance of Customer’s hardware and software (“Customer’s Systems”) is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customer’s network router and firewall, if applicable, to allow data to flow between the Customer’s Systems and Sensus’ Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus, Customer shall create username and passwords for each of Customer’s authorized users and complete the applicable Sensus registration process (Authorized Users). Such usernames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer’s account, and Sensus will not be liable for any loss, damage or liability arising from Customer’s account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer’s account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer’s account or any user ID and password pairs at any time; (ii) to notify Sensus immediately of any actual or suspected unauthorized use of Customer’s account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customer’s account, account ID, usernames or passwords. v. Customer shall be responsible for the day-to-day operations of the Application(s) and AMI System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over-the-air commands (such as firmware updates or configuration changes). D. Software Solution Components. i. Description of Software Solutions. Sensus software consists of a core communication module and a set of applications. Some applications are required to perform basic solution capabilities, other applications are optional and add additional capabilities and function to the overall solution. As Customer’s business process expands and/or new Sensus offerings are made available, additional applications and functionality can dynamically be added to the solution, provided Customer purchases such additional applications. ii. Regional Network Interface. The Regional Network Interface (RNI) or Sensus head-end is the centralized intelligence of the FlexNet network; the RNI’s primary objective is to transfer endpoint (such as meters) data to the Customer and the advanced feature applications. The RNI is adaptable to Customer configurations by simultaneously supporting a wide range of FlexNet enabled endpoints; including but not limited to meters (electric, water, gas), street lighting, and Home Area Network devices. a. Core Package (i) Communication 1. Manages all inbound and outbound traffic to and from endpoints 2. Outbound routing optimization 3. Route analyzer 4. AES256 bit encryption of radio messages 5. Reports and metric details of network performance and troubleshooting aids 6. Management of RF equipment (base stations and endpoint radios) (ii) Data Collection 1. Missing read management 2. Management of duplicate reads 3. 60 day temporary storage (iii) Application integration 1. To Sensus Analytics applications 2. Enable 3rd party application integration 3. Batch CMEP file export 4. Real-time access through MultiSpeak 3.0 and 4.1 (iv) Endpoint Management 1. Gas, water, electric, lighting concurrent support 2. Remote configuration 3. Remote firmware updates 4. Reports, metrics and Troubleshooting (v) User Management 1. Secure access 2. Password management 3. Definable user roles 4. User permissions to manage access to capabilities b. Integration of RNI. Sensus shall provide RNI integration support services to Customer only to the extent specifically provided below: (i) Sensus shall meet with the representative from the Customer’s system(s) targeted for integration to determine which integration method is appropriate (e.g., Multispeak, CMEP, etc.). 1. In scope and included integration efforts: Provide the gateway URLs to the integrating system as needed, provide Customer with standard integration API documentation, validate and test that the correct Customer information is flowing into and/or out of the RNI. 2. Out of scope and subject to additional charges: Modifications or extensions to the standard API provided by Sensus and any integration efforts not outlined above as in scope and included. (ii) Customer Responsibilities: 1. Provide Sensus with information about the relevant information Customer wishes to transfer and integrate with the RNI. 2. Establish the network and security required for the two systems to reasonably communicate. 3. Verify integration to third party system functionality is working as intended. (iii) If an item is not listed in subparagraph (i) above, such item is excluded from the integration of Sensus RNI Support and is subject to additional pricing. 3. Sensus Analytics Confidential │Page 12 of 16 Sensus Analytics is a cloud-based solution and data platform that allows storage and retrieval of raw reads and data from other sources for analysis, exportation, and inquiry or reporting. The platform provides applications and reporting capabilities. A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: i. Device Access a. Allows search for meter details by using data imported from the billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads. c. Meter data is available to be copied, printed, or saved to certain user programs or file formats, specifically CSV, PDF, and Spreadsheet. d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. f. Allows the user to see the meter location on a map view. g. Allows notifications for an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter – (dependent on the data integrated from other systems). ii. Meter Insight (provides the following) a. # of active meters. b. # of orphaned meters with drill down to the list of meters. c. # of inactive meters with usage drill down to the list of meters. d. # of stale meters with drill down to the list of meters. e. # of almost stale meters with drill down to the list of meters. f. # of meters where no read is available with drill down to the list of meters. g. # of meters with maximum threshold exceptions with drill down to the list of meters. h. # of meters with minimum threshold exceptions with drill down to the list of meters. i. # of unknown radios with drill down to the list of meters. iii. Report Access a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. c. Meter Route Intervals Reads: Allows users to inspect intervals of a single meter over a period of time. d. Master Route No Readings: List all meters that are active in the system, but have not been sending reads within the specified time window. e. Consumption Report: List meters’ consumption based on meter readings within the specified time window. f. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr, 48hr and 72hr from the entered roll up date. h. High Low Exception Report: Displays meters whose reads exceed minimum or/and maximum threshold, within a time range. i. Consumption vs Previous Reported Read: Compares latest reading (from RNI) with last known read received from CIS. j. Consumption Exception 24 hour Report: This report shows meters that satisfy these two conditions: (1) The daily average consumptions exceed entered daily consumption threshold; (2) The number of days when daily thresholds are exceeded are greater than the entered exception per day threshold. k. Endpoint Details: Shows the current state of meters that are created within the specified time range. l. Orphaned Meters: List meters that are marked as ‘orphaned’, which are created as of entered Created as of parameter. m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RNI. It also shows AMR id in billing request that have different meter Id in the RNI. Users must enter which billing request file prior to running the report. n. All Alarms Report: List all alarms occurred during a time window. Users can select which alarm to show. iv. Billing Access a. Initiate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to include in the billing export file in the case where billing request file option is used. c. Provides a repository of past billing files that were either used for billing preparation or actually sent to the billing system. d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. v. Billing Adaptor a. The underlying configurator and tools mapping the extraction of billing data to enable integration to the utility’s billing system. vi. Data Store a. Allows storage of meter reading data including Intervals, Registers, and Alarms to be stored. b. Stored data is available online for reports and analysis. c. Data will be retained for 3 years. Additional duration can be purchased. B. Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package, as well as the following additional modules: i. Alarm Insight a. Allows the user to summarize and filter alarms by a date range. b. Allows the user to review all alarm types on a single screen. c. The user can filter out the alarms not wanted on the screen. d. Alarm totals can be visualized. e. Adds a view of trending alarms over time. f. Click to drill down on an alarm to gain more information on specific events. g. Click to analyze a specific event on a particular device. ii. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. Confidential │Page 13 of 16 b.Users can manage alert groups by adding and removing group members. c.Allows selection of notification method for how end users in the group will be notified; email or SMS (text message). d.Allows creation of an alert from the available system events from smart points and assign to a group. e.Monitors the systems meters for events. When an event is triggered, all users in the group will be notified. C. Sensus Analytics Customer Portal. The Customer Portal (CP) is a cloud-based platform that aggregates data from several sources. The CP Package may consist of the following modules or widgets, provided Customer purchases access to the modules: i.Web Portal Standard Features a.Self-serve sign up and account/password management b.Dynamic sizing to work on most standard browsers c.Customizable logo and backdrop images d.Capable of supporting multiple languages (Spanish and English standard) e.Provides links to bill payment and support web locations. (Single Sign On access is not standard) f.Supports multiple accounts and multiple meters g.Supports multiple Units of Measure (UoM) h.Exportable data i.Alerts and Notifications that can be delivered to the customers’ points of contact j.Support for multiple alert recipients k.Admin Management of Widgets Displayed ii.Web Portal Additional Features a.Single Sign: Integration to other web services in a manner that does not require the user to login multiple times b.Water usage down to 15 minute intervals. c.Presentation of Tier Limits and Tier Alerts iii.Dashboard Page Widgets a.Current Billing Cycle View Widget: Allows the customer to view how much water they have used since the billing cycle has started. b.Alerts: Shows the alerts created by meters or usage alerts c.Notifications: Allows messages to be sent to customers by the Utility – Sent via Text, Email or presented on the Portal d.Billing Cycle Threshold: Shows users progress toward Billing Cycle Usage Target set as an alert iv.Add-on Dashboard Widgets a.Watering Schedule: Presents data regarding the days and times that the account can use outdoor water b.Bill Estimate: Provides an estimate of the cost of the water used in the billing cycle. c.Sandbox: Provides a widget space for the utility to place documents, links, and videos. (up to 100Mb) v.Usage Details Features a.Consumption in various time periods b.Exportable to other file formats c.Temperature and Rainfall data vi.Meters Features a.Meter information including Meter #, address, current reading, b.Meter Nicknames vii.Meter Tab Additional Features a.Google Maps view of meter location (Location data provided by Utility) viii.Settings – Usage Alerts (per meter) a.Billing Cycle Usage Alert b.Daily Usage Alert c.Vacation Alerts ix.Settings – Usage Alerts Additional Features a.Tier Alerts x.Alert Recipients Features a.Editable selection of alerts to receive b.Additional Recipient management xi.User Settings Features a.Change of email address b.Customer management of points of contact c.Customer capability to add additional accounts d.Customer password management (Self-serve) D. Integration of Sensus Analytics. Sensus shall provide integration support services to Customer only to the extent specifically provided below: i.Sensus shall provide Customer with a simple flat file specification known as VFlex for the integration of the Customer’s back office system to the Sensus Analytics modules. The VFlex shall contain the following types of information: Device ids, end users in the system, end user status, end user accountinformation, end user name, and other end user details. This flat file may be delimited or fixed width. Customer shall produce this file and transmit it to the FTP location designated by Sensus. When sent to the Sensus FTP servers, this file exchange will enable the system to become operational with the Customer’s systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus. Sensus will provide reasonable support to explain to Customer the required vs. optional fields that are in the specification, testing and validation of the file format and content. ii.In scope and included integration efforts: kick-off meeting to engage all required parties, mapping the Customer’s fields to the VFlex specification, validation of expected output, and a two (2) hour system review of Sensus Analytics application and integration with the Customer’s system (conducted remotely). iii.Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field Confidential │Page 14 of 16 content or format of the data to meet the VFlex specification. iv. Sensus’ integration services consist of four (4) hours of assistance (remote or on-site, as determined by Sensus). If additional time is needed to complete the integration efforts, Sensus shall invoice Customer for additional fees on an actual time and materials basis. v. If an item is not listed in subparagraphs (i) or (ii) above, such item is excluded from the integration of Sensus Analytics Support and is subject to additional pricing. vi. Data Import. The Sensus Analytics Application contains adapters for the import of data from; (a) Customer’s FlexNet AMI System; and/or (b) AutoRead application for handheld and drive by systems, as applicable. vii. Customer Acknowledgements. a. Customer acknowledges that the Sensus Analytics Application provides up to fifty (50) user logins for Customer’s use. b. Customer acknowledges and agrees the Sensus Analytics Application is based upon the actual number of End Users within Customer’s Service Territory. Pricing may increase if Customer’s Service Territory or actual number of End Users expands. c. Customer acknowledges that all data related to the Sensus Analytics Applications is geographically hosted within the United States of America. Customer accepts the geographic location of such hosting, and indemnifies Sensus for any claims resulting therefrom. d. Customer acknowledges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customer’s access to and use of the Sensus Analytics Applications. e. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customer’s operations or saving Customer money, nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer’s use of Sensus Analytics. 4. Third Party Software. A. RedHat Linux.If Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following: By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement: Red Hat Enterprise Linux http://www.redhat.com/licenses/rhel_rha_eula.html JBoss Enterprise Middleware http://www.redhat.com/licenses/jboss_eula.html Confidential │Page 15 of 16 Exhibit B Technical Support 1. Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the issue will escalate to the Engineering Support Team. Occasionally, on-site troubleshooting/analysis may be required. The preferred order of on-site support is: a) The Customer (for assistance with the easiest and lowest time-consuming activities such as power on/power off). b) The local distributor. c) Sensus employees or contracted personnel, if required to fulfill a contract commitment. 2. Support Categories 2.1. General questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products, Sensus Lighting Control, and Demand Response Management System (FlexNet Home). 2.2. Proactive reporting and resolution of problems. 2.3. Reactive reporting to isolate, document, and solve reported hardware/software defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation, examples, or additional explanation/clarification. 3. Support Hours 3.1. Standard Support Hours: Toll-free telephone support (1-800-638-3748 option #2) is available Monday thru Friday from 8:00 a.m. EST to 8:00 p.m. EST. After- hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-638-3748, option #8. 4. Support Procedures 4.1. Customer identifies an issue or potential problem and calls Technical Services at 1-800-638-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a SalesForce ticket. 4.2. The Customer Service Associate or Technical Support Engineer will identify the caller name and utility by the assigned software serial number, city, and state based on where the call originated. The Customer Service Associate or Technical Support Engineer will require a brief description of the problem symptoms, or error messages depending on nature of the incident. The nature of the problem and severity levels will be mutually agreed upon by both parties (either at the time the issue is entered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then captured into SalesForce for ticket creation and resolution processing. Any time during the processing of this ticket, if the severity level is changed by Sensus, the customer will be updated. A. Severity Levels Description: Sev1 Customer’s production system is down. The system is unusable resulting in total disruption of work. No workaround is available and requires immediate attention. Example: Network mass outage, all reading collection devices inoperable, inoperable head end software (e.g., FlexWare, Sensus MDM). Not able to generate billing files. Sev2 Major system feature/function failure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around is available, and failure requires immediate attention. Examples: Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g., AR5500, VXU, VGB, or CommandLink); head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn’t affect critical overall operation. Example: Minor network equipment failure (e.g., Echo/Remote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some non-critical function of the software is not running. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first-come-first-served basis. A 1st level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative’s technical knowledge. Technical Support Engineers (Tier 1 support) typically respond/resolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or if the call is a new report. This research provides the representative a basis and understanding of the account as well as any associated problems and/or resolutions that have been communicated. a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must be collected: a detailed description of the issue’s symptoms, details on the software/hardware product and version, a description of the environment in which the issue arises, and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see if reports of a similar problem exist, and if any working solutions were provided. If an existing resolution is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket is closed. c. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation / resolution. If the issue involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the SalesForce system. If it is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis. Once it is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for confirmation/workarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and attached to the ticket. 5. Response and Resolution Targets. Confidential │Page 16 of 16 Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Standard Target Response Standard Target Resolution Resolution (one or more of the following) 1 30 Minutes Immediately assign trained and qualified Services Staff to correct the error on an expedited basis. Provide ongoing communication on the status of a correction (24 hours). • Satisfactory workaround is provided. • Program patch is provided. • Fix incorporated into future release. • Fix or workaround incorporated into SalesForce Knowledge Base. 2 4 hours Assign trained and qualified Services Staff to correct the error. Provide communication as updates occur (48 hours). • Satisfactory workaround is provided. • Program patch is provided. • Fix incorporated into future release. • Fix or workaround incorporated into SalesForce Knowledge Base. 3 1 Business Day 30 business days • Answer to question is provided. • Satisfactory workaround is provided. • Fix or workaround incorporated into SalesForce Knowledge Base. • Fix incorporated into future release. 6. Problem Escalation Process. 6.1. If the normal support process does not produce the desired results, or if the severity has changed, the issue may be escalated as follows to a higher level of authority. 6.1.1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours. 6.1.1.2. A customer may escalate an issue by calling 1-800-638-3748, Option 2. Please specify the SalesForce ticket number and the reason why the issue is being escalated. 6.1.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given SalesForce ticket to Manager of Technical Services (1-800-638-3748, Option 2). 7. General Support Provisions and Exclusions. 7.1. Sensus provides online documentation for Sensus products, and all Sensus customers are provided access to this online database, which includes operation, configuration and technical manuals. The customer shall provide names and email accounts to Sensus so Sensus may provide access to the product documentation. 7.2. Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific contract or statement of work. For example: specialized systems integration services or out of warranty network equipment repair. 7.3. A Dell-provided three-year ProSupport hardware service plan plus a 4 hour Mission Critical upgrade accompanies the server/system hardware that Sensus procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSupport service plan directly with Dell. The Dell Master Services Agreement and Pro Support for IT Services Description documents may be found at www.dell.com/service contracts. 7.4. Sensus procures certain third party software licenses (e.g. Red Hat Enterprise Linux) required to operate the FlexNet-based applications on the Dell hardware. Sensus registers all the applicable third party software licenses in the customer’s name and ships all documentation and licensing information to the customer with the server. The customer is responsible for maintaining all third party software licenses. 7.5. In the event of a server hardware failure at the customer site, Sensus will provide replacement Sensus proprietary software (e.g., RNI Software) either on digital media or downloadable from an internet site, as necessary. The method of software redistribution is at Sensus’ discretion. The customer is responsible for re-installing the replacement software. Sensus installation support is not covered under this standard Technical Support program but may be provided as a fee-based service. E-14 Exhibit A-4 Statement of Work (Sale through VAR) This document is designed to assist the Client with the planning the installation of a Sensus AMI System. For illustrative purposes, an architectural diagram is provided below that depicts equipment to be installed at the BASESTATION site and the Client site which will typically house the RNI. In addition, the following pages provide details pertaining to responsibilities of Core & Main LP. and Client during the planning, installation and commissioning of the FlexNet AMI System. Diagram 1 – FlexNet AMI Diagram E-15 General Responsibilities: Core & Main will: 1. Provide Client a Sensus certified propagation study that determines the locations best suited for installation of the BASESTATION’s and to ensure proper communications with end point transmitters and the RNI. 2. Work with Sensus to commission the RNI hardware and software remotely. 3. Work with Sensus to obtain final network acceptance and approval to install endpoint devices 4. Schedule training familiarization / operators training for head end software to Client identified personnel at the Client’s location. 5. Hire a qualified installation contractor to install the antennae and cable that runs between the basestation and the antenna. Client will: 1. Provide a key point of contact, contact information, for project management activities to work with the Core & Main project manager to help facilitate a timely installation of the FlexNet system. 2. Hire a qualified installation contractor to install the BASESTATION equipment and run all data and power cables between the power supply and the BASESTATION. 3. Perform all site preparation work for the BASESTATIONs. 4. Be responsible for monthly and annual fees associated with the network access for all sites where network access is needed. 5. Be responsible to provide communications link between the Regional Network Interface (RNI) and BASESTATION. 6. Purchase any routers, hubs, mounting equipment, uninterruptible power supply and/or security equipment needed to connect the RNI to the Client’s internal network. 7. Be responsible for the installation of Meters, SmartPoint Modules, Load Control, Home Area Network, and Automation Devices. RNI Responsibilities: The RNI will be a SAAS model that will be stored at one of Sensus secure data sites. Core & Main will: 1. Supply the RNI hardware and data management software necessary to operate on the RNI hardware. 2. Work with Sensus to obtain final configuration of all software and RNI hardware for operation with the FlexNet network. 3. Work with Sensus to Test, and verify proper network connectivity to access the BASESTATION. Client will: 1. Be responsible for fees associated with acquiring and maintaining the static IP addresses needed to access network equipment located at the BASESTATION site. 2. Provide the necessary static IP addresses for the FlexNet system components. 3. Be responsible to secure a suitable contractor to connect the data management software to the billing system to allow for data to be imported for billing purposes. 4. Provide remote network access to the FlexNet BASESTATION network to Sensus. This provides Sensus Technical Services personnel the ability to perform ongoing system support and troubleshooting. E-16 Infrastructure Site Responsibilities BASESTATION: Core & Main will: 1.Instruct Client concerning infrastructure site preparation work, and verify work is done correctly. 2.Coordinate the installation and commissioning of FlexNet Infrastructure for proper operation. 3.Hire a competent contractor to install the antenna and related components. 4. Provide the necessary antennas, mounts, cable and other antenna components for the BASESTATIONS. 5.Not be held responsible for damage to any interior/exterior coatings on water tanks that result from welding of antenna mounts to tanks. Parties will agree to a scope of work prior to installation. Client will: 1.Purchase the required number of BASESTATIONs. 2.Be responsible to provide an area at the BASESTATION site for installation if the BASESTATION is installed at a Client provided site. 3.Be responsible to provide a 120 VAC power source to the BASESTATION. All necessary electric requirements which will include 120 VAC Non GFI receptacles to be at the final location of the BASESTATION installation. If trenching of the power line is needed, the Client will be responsible to provide the necessary trenching, conduit, and cabling needed to supply power from the power source outlet to the base station cabinet. All electrical equipment will be installed in accordance with local codes. 4.Hire a certified electrician to connect all power to the BASESTATION. 5.Be responsible to provide network access at the site where the BASESTATION is located. Client should consult with Core & Main about the available options for network connections between BASESTATION and RNI. 6.Be responsible to provide any conduit and/or trenching required to provide cabling requirements from the tower site to the BASESTATION installation. 7.Be responsible to provide CAT 5 UV and weather resistant network cable from the network service provider access link to the cabinet. 8.Be responsible to provide any conduit or trenching needed to run the data cable to the BASESTATION. Client is responsible to assure that data cable is located to final location of the BASESTATION. 9.Be responsible to provide security at BASESTATION location. 10.Be responsible to provide sufficient foundation to secure the outdoor cabinet should an outdoor cabinet be required to house the BASESTATION. This foundation will consist of a concrete pad or steel structure that is designed to hold 600 lbs per square inch. 11.Be responsible to provide 120 VAC of power to the BASESTATION unit should an outdoor cabinet be required. Receptacles to be located within 1foot of the final location of the BASESTATION installation. If trenching of the power line is needed, the Client will be responsible to provide the necessary trenching, conduit, and cabling needed to supply power from the power source outlet to the base station cabinet. All electrical equipment will be installed in accordance with local codes. 1 12.Be responsible for installing grounding material at the location of the BASESTATION installation. At a minimum, the material should consist of # 4 or #2 stranded copper wire which will connect to the BASESTATION. 13.Be responsible for proper ground field at the BASESTATION site. 14.Be responsible for getting access/permission to any structure that is not owned by the Client. 15.Prepare the site for the BASESTATION by completing the below tasks: a.Site must have a network connection available for the BASESTATION to communicate with RNI. The Ethernet connector on the BASESTATION unit is an RJ-45 type, 10/100 auto signaling rate. Minimum E-17 WAN bandwidth requirements are 128 kbps with a redundant path. Any network equipment to interface the BASESTATION such as Juniper router / firewall, switches, etc. will be Client provided. b. Client will supply connectivity information to Sensus (IP address, default gateway, sub-net mask, etc.) c. Provide suitable antenna mounting structure such as a tower, mono-pole, or building that is capable of supporting the weight of the antenna, cable, mounting hardware and wind loading. d. Site should have adequate room for the cabinet, facilitating opening of the door, and an available 120V grounded outlet within 10 feet. e. Site shall have adequate wall or pole space to mount BASESTATION cabinet. f. Indoor site should have adequate environmental control/ventilation. Recommended environmental ranges are shown in Appendix A of the Tower Gateway Base Station Installation Manual. Although the unit is capable of operation in extreme temperatures, maintaining a moderate and constant temperature environment will promote trouble-free service and long life. g. Site must have all RF, and power connections properly surge arrested to prevent damage in the event of a major lightning strike. A Halo type building ground installation with a tie available to connect to the rack ground bar is recommended R100 Transceiver Responsibilities Core & Main w ill: 1. Provide mounting brackets for installation. 2. Identify the optimum location to install the R100 Transceiver/Remote Transceiver and communicate those locations to Customer. 3. R100 Transceiver/Remote Transceiver locations will be identified only after sufficient FlexNet Base Stations and endpoints have been installed and it is apparent that additional infrastructure in the form of R100 Transceivers/Remote Transceivers is required to optimize system performance. 4. Install the R100 Transceiver/Remote Transceiver units and ancillary equipment necessary to a struc ture. Customer w ill: 1. Provide a 120 VAC power source and cable run, in compliance with local code, to the point where each R100 Transceiver/Remote Transceiver will be installed to supply all necessary power requirements. These boxes can be installed on top of poles, buildings, etc. For such cable runs, 18 AW G UV and weather resistant power cable for runs less than 470 ft. and 16 AW G for runs less than 750 ft. are needed. 3. Initiate, coordinate and acquire authorization for installation crews to climb poles, buildings and other structures necessary to safely affix cable runs as needed for the installation of the R100 Transceivers/Remote Transceivers. 4. Provide adequate electricity to the R100 Transceiver/Remote Transceiver locations and be responsible for any and all recurring electricity charges for R100 Transceiver/Remote Transceiver operations. 5. Be responsible for on-going maintenance and support of the equipment after installation. Miscellaneous Responsibilities Client will: 1. Be responsible for the payment of any taxes, renewal, regulatory or license fees associated with the network hardware and software. 2. Be responsible for applying for and purchasing any needed work permits. Exhibit B Certificate of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. N / A SUBR WVD ADDL INSD AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NH) LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB COMMERCIAL GENERAL LIABILITY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Willis of New York, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 *General Liability: The $1,000,000 per Occurrence and $2,000,000 Aggregate limits displayed is a combination of $500,000 Self-Insured Retention and $500,000 Per Occurrence /$1,500,000 Aggregate limits of liability provided by the carrier noted above. SEE ATTACHED Evidence of Insurance 07/23/2018 1-877-945-7378 1-888-467-2378 certificates@willis.com National Union Fire Insurance Company of P 19445 Markel American Insurance Company New Hampshire Insurance Company 28932 23841 American Home Assurance Company 19380 Illinois National Insurance Company 23817 W6958698 A 1,000,000 1,000,000 15,000SIR: $500,000* 1,000,000 2,000,000 2,000,000 GL 4786836 08/01/2018 08/01/2019 A 2,000,000 08/01/201908/01/2018CA 7742356 (AOS) B 5,000,000 10,000 MKLM6MM70000052 08/01/2018 08/01/2019 5,000,000 WC 018177182C 1,000,000 08/01/2018 08/01/2019 1,000,000 1,000,000 C Workers Compensation and Employers' Liability EL-Each AccidentWC 018177235 (MA, WI)08/01/2018 08/01/2019 EL-Disease - Limit Per Statute EL-Disease - Each Emp 79773116481037SR ID:BATCH: $1,000,000 $1,000,000 $1,000,000 Willis Towers Watson Certificate Center Page 1 of 3 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 23 Willis of New York, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W6958698CERT:797731BATCH:16481037SR ID: ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Core & Main LP 1830 Craig Park Court Saint Louis, MO 63146 33 Willis of New York, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W6958698CERT:797731BATCH:16481037SR ID: E-18 Appendix D WARRANTY The warranties on meters and equipment included in Project Materials and Supplies, and on Work, and Services shall be as follows: 1. Project Materials and Supplies. (a) General. Meters and equipment included in Project Materials and Supplies that Client purchases from Core & Main are warranted by the manufacturer to be free from Manufacturers’ Defects for the period specified in the manufacturer’s warranty. A copy of the present warranty of each manufacturer that will supply meters and equipment as part of the Project Materials and Supplies is attached hereto as Exhibit D-1. The term of such manufacturer’s warranty shall be as set forth in such attached warranty (as the same may be changed from time to time during the course of the performance of the Master Agreement, but with changes to apply only to purchases of meters and equipment occurring after the change becomes effective), but generally the start date for meter and equipment warranties is the date of the manufacturer’s shipment of such meters and equipment as noted in the applicable Acceptance Certificate attached to this Agreement as Exhibit A-2 (“Manufacturer’s Warranty Period”). PROJECT MATERIALS AND SUPPLIES OTHER THAN METERS AND EQUIPMENT ARE NOT WARRANTED. CORE & MAIN DOES NOT PROVIDE ANY SEPARATE WARRANTY FOR PROJECT MATERIALS AND SUPPLIES. (b) Core & Main’s Responsibility. Upon any breach of the manufacturer’s warranty on a meter or equipment noticed to Core & Main during the applicable Manufacturer’s Warranty Period, Core & Main’s sole responsibility shall be to cooperate with Client in arranging for the manufacturer to repair or replace any defective meter or equipment. 2. Installation Work and Services. (a) General. Core & Main warrants that all installation Work and Services provided by Core & Main shall be performed by Core & Main in a workmanlike manner and in compliance with any specifications set forth in this Agreement, with such warranty to expire one year from the date when such installation Work was performed or such Services were provided (the “Warranty Period”). (b) Exclusive Remedy. Upon any breach of Core & Main’s warranty as to installation Work or Services during the applicable Warranty Period, Core & Main’s sole responsibility shall be to perform any corrective installation Work or Services necessary to bring Core & Main’s installation Work and Services into compliance with such requirements. 3. DISCLAIMER OF FURTHER WARRANTIES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, CORE & MAIN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER ARISING OUT OF WARRANTY, INDEMNITY, TORT, CONTRACT OR OTHERWISE SHALL CORE & MAIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND. E-19 Exhibit D-1 Manufacturers’ Warranties Attached to this Exhibit D-1 are the manufacturers’ warranties for each of the manufacturers of Project Materials. General Limited Warranty CF-C-WAR-00-00-0814-08-A 1. Terms of Sale. Sensus USA Inc. (“Sensus”) warrants its products and parts as set forth below. All products are sold to the buyer (“Customer”) pursuant to Sensus’ Terms of Sale, available at: sensus.com/tc. 2. Electricity Meters and Electricity SmartPoint™ Modules. Sensus warrants the Sensus electricity meters and Sensus electricity SmartPoint Modules to be in compliance with their respective specifications under normal use and service, and to be free from material defects in materials and workmanship for a warranty period of twelve (12) months from the date of the installation or eighteen (18) months from the date of shipment, whichever occurs first. The warranty period for new spare parts and components sold by Sensus is twelve (12) months from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which case the repair is warranted for the time remaining of the original warranty period. 3. Gas Products and Gas SmartPoint Modules. a. Except for the Sonix meters, Sensus warrants the Sensus gas products to be in compliance with their respective specifications under normal use and service, and to be free from material defects in materials and workmanship for a warranty period of twelve (12) months from the date of the installation or eighteen (18) months from the date of shipment, whichever occurs first. Sensus warrants the Sensus Sonix meters to be free from material defects in materials and workmanship for a warranty period of fifteen (15) years from the date of shipment. Sensus warrants the batteries in the Sensus Sonix meters to be free from material defects in materials and workmanship for a warranty period of ten (10) years from the date of shipment. The warranty period for new spare parts and components sold by Sensus is twelve (12) months from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which case the repair is warranted for the time remaining of the original warranty period. b. Sensus warrants the Sensus gas SmartPoint Modules as set forth in the “G500” warranty, as set forth at: sensus.com/tc, or available at 1-800-METER-IT. 4. Water Meters and Water SmartPoint Modules. Sensus warrants the Sensus water meters and Sensus water SmartPoint Modules as set forth in the “G500” warranty, as set forth at: sensus.com/tc, or available at 1-800-METER-IT. 5. DA Devices and HAN Devices. Sensus warrants the Sensus DA Devices and Sensus HAN Devices to be in compliance with their respective specifications under normal use and service, and to be free from material defects in materials and workmanship for a warranty period of twelve (12) months from the date of shipment. The warranty period for new spare parts and components sold by Sensus is twelve (12) months from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which case the repair is warranted for the time remaining of the original warranty period. 6. RF Field Equipment. Sensus warrants the Sensus RF Field Equipment to be in compliance with their respective specifications under normal use and service, and to be free from material defects in materials and workmanship for a warranty period of twelve (12) months from the date of shipment. 7. Server Hardware. Sensus provides no warranty on the Server Hardware. 8. Third Party Goods. Notwithstanding anything to the contrary herein, Sensus does not warrant any goods manufactured or software supplied by third parties. For example, if Customer elects to buy meters from a third party, the Sensus SmartPoint Modules installed in such third party meters shall, subject to Section 11, below, be covered by the warranty above, but any warranty on the meter itself shall be a matter directly between Customer and such third party meter supplier. 9. Services. Sensus warrants that its services shall, at the time of performance, materially conform to the contract requirements, and shall be performed in a professional and workmanlike manner, free from material defects in workmanship. 10. Remedy. a. If any Field Device or RF Field Equipment fails during the applicable warranty period (a “Failed Good”), Sensus’ obligation, and Customer’s exclusive remedy, is, at Sensus’ option, to either (i) repair or replace the Failed Good, provided the Customer (a) returns the product to the location designated by Sensus within the warranty period; and (b) prepays the freight costs both to and from such location; or (ii) deliver replacement components to the Customer, provided the Customer installs, at its cost, such components in or on the Failed Good (as instructed by Sensus). In all cases, Customer shall be responsible for returning the Failed Good to Sensus, including all costs associated with the return of the Failed Good, and Sensus shall be responsible for shipping the repaired or replaced good back to Customer’s warehouse. Customer shall, in all cases, be responsible for the In/Out Costs. If Sensus determines that the returned good is not defective, Customer shall pay and/or reimburse Sensus for all expenses incurred by Sensus in the examination of the returned good. b. Customer’s remedy under the warranty for services shall be, at Sensus’ sole cost and expense, to correct or re-perform any defective or non-conforming services to assure compliance with the contract requirements. c. THIS SECTION 10 SETS FORTH CUSTOMER’S SOLE REMEDY WITH RESPECT TO A FAILED GOOD OR ANY DEFECTIVE OR NON-CONFORMING SERVICE. 11. Warranty Exceptions. This General Limited Warranty does not include costs for removal or installation of products, or costs for replacement labor or materials, which are the responsibility of the Customer. The warranties in this General Limited Warranty do not apply to goods that have been: installed improperly or in non-recommended installations; installed to a socket that is not functional, or is not in safe operating condition, or is damaged, or is in need of repair; tampered with; modified or repaired with parts or assemblies not certified in writing by Sensus, including without limitation, communication parts and assemblies; improperly modified or repaired (including as a result of modifications required by Sensus); converted; altered; damaged; read by equipment not approved by Sensus; for water meters, used with substances other than water, used with non-potable water, or used with water that contains dirt, debris, deposits, or other impurities; subjected to misuse, improper storage, improper care, improper maintenance, or improper periodic testing (collectively, “Exceptions.”). If Sensus identifies any Exceptions during examination, troubleshooting or performing any type of support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above warranties do not apply in the event of Force Majeure, as defined in the Terms of Sale. 12. THE WARRANTIES SET FORTH IN THIS GENERAL LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS GENERAL LIMITED WARRANTY OR WITHT EH TERMS OF SALE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND TITLE. 13. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 14. Limitation of Liability a. SENSUS’ AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY “CAUSES OF ACTION”) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR OTHERWISE. b. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS’ LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; NOR (II) ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY IN/OUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES. c. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. d. To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable. 15. Definitions. Any terms used in this General Limited Warranty as defined terms, and which are not defined herein, shall have the meanings given to those terms in the Terms of Sale. a. “Agreement” means this General Limited Warranty, Customer’s purchase order (except any Additional Terms), Sensus’ Acknowledgement Form (if any), Sensus’ invoice and the Terms of Sale. b. “DA Devices” means RTMs and RTUs. c. “Echo Transceiver” (formerly “FlexNet Network Portal” and “FNP”) identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station. d. “End User” means any end user of electricity/water/gas that pays Customer for the consumption of electricity/water/gas, as applicable. e. “Equipment” means the Field Devices, RF Field Equipment, Server Hardware, and any other goods sold hereunder. f. “FlexNet Base Station” (formerly “Tower Gateway Base Station” and “TGB”) identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. g. “Field Devices” means the meters, SmartPoint Modules, DA Devices and HAN Devices. h. “Force Majeure” shall have the meaning set forth in the Terms of Sale. i. “HAN Devices” means the PCTs, IHDs and LCMs. j. “IHDs” means the in-home displays. k. “In/Out Costs” means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User’s premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. l. “LCMs” means the load control modules. m. “PCTs” means the programmable controllable thermostats. n. “Remote Transceiver” (formerly “FlexNet Remote Portal” and “FRP”) identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP/IP backhaul communication. o. “RNI” identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. p. “RF Field Equipment” means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers. q. “RTMs” means the telemetric remote telemetry modules. r. “RTUs” means telemetric MicroRTU (T866). s. “Server Hardware” means the RNI hardware and the FlexServer hardware. t.“ SmartPoint™ Modules” identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer’s End Users’ premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station, Remote Transceiver or Echo Transceiver. 8601 Six Forks Road, Suite 700 Raleigh, NC 27615 1-800-638-3748 8601 Six Forks Road, Suite 700 Raleigh, NC 27615 1-800-638-3748 Sensus Limited Warranty G-500 R22 1. General Product Coverage. Unless otherwise provided herein, Sensus USA Inc. (“Sensus”) warrants its products and parts to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment and as set forth below. All products are sold to customer (“Customer”) pursuant to Sensus’ Terms of Sale, avail- able at: sensus.com/TC (“Terms of Sale”). 2. SR II® and accuSTREAM™ 5/8”, 3/4” & 1” Meters are warranted to perform to AWWA New Meter Accuracy Standards for five (5) years from the date of Sensus shipment or until the registration shown below, whichever occurs first. Sensus further warrants that the SR II and accuSTREAM meters will perform to at least AWWA Repaired Meter Accuracy Standards for fifteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs first: New Meter Accuracy Repair Meter Accuracy 5/8” SR II Meter and accuSTREAM Meter 500,000 gallons 1,500,000 gallons 3/4” SR II Meter and accuSTREAM Meter 750,000 gallons 2,250,000 gallons 1” SR II Meter and accuSTREAM Meter 1,000,000 gallons 3,000,000 gallons 3. ally® Meters that register water flow are warranted to perform to the accuracy level set forth in the ally Data Sheet available at sensus.com/ally/datasheet for fifteen (15) years from the Date of Installation, but no longer than sixteen (16) years from date of manufacture, not including the meter’s sensors, valve, and gear motor, which are warranted under different terms described below. As used herein, “Date of Installation” means the date after which the ally Meter has been out of empty pipe for seven (7) consecutive days, as those days are measured by the ally Meter and stored in the meter’s nonvolatile memory. 4. iPERL® Meters that register water flow are warranted to perform to the accuracy levels set forth in the iPERL Data Sheet available at sensus.com/iperl/datasheet or by request from 1-800-METER-IT, for twenty (20) years from the date of Sensus shipment. The iPERL System Component warranty does not include the external housing. 5. Maincase of the SR II in both standard and low lead alloy meters are warranted to be free from defects in material and workmanship for twenty-five (25) years from the date of Sensus shipment. Composite and E-coated maincases will be free from defects in material and workmanship for fifteen (15) years from the date of Sensus shipment. 6. Sensus OMNI™ Meters and Propeller Meters are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. 7. Sensus accuMAG™ Meters are warranted to be free from defects in material and workmanship, under normal use and service, for 18 months from the date of Sensus shipment or 12 months from startup, whichever occurs first. 8. Sensus Registers are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the periods stated below or until the applicable registration for AWWA Repaired Meter Accuracy Standards, as set forth above, are surpassed, whichever occurs first: 5/8” thru 2” SR II, accuSTREAM Standard Registers 25 years 5/8” thru 2” SR II, accuSTREAM Encoder Registers 10 years All HSPU, IMP Contactor, R.E.R. Elec. ROFI 1 year Standard and Encoder Registers for Propeller Meters 1 year OMNI Register with Battery 10 years 9. Sensus Electric and Gas Meters are warranted pursuant to the General Limited Warranty available at sensus.com/TC. 10. Batteries, iPERL System Components, AMR and FlexNet® Communication Network AMI Interface Devices are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the period stated below: Electronic TouchPad 10 years Act-Pak® Remote Monitoring Instruments 1 year Gas SmartPoint® Modules and Batteries 20 years1 6500 series Hand-Held Device 2 years Vehicle Gateway Base Station (VGB) and other AMR Equipment 1 year FlexNet Base Station (including the R100NA and M400 products) 1 year iPERL System Battery and iPERL System Components 20 years2 Sensus® Electronic Register+™ 20 years1 Sensus® Smart Gateway Sensor Interface 1 year SmartPoint® 510M/520M Modules and Batteries 20 years2 Footnote 1: Sensus will repair or replace non-performing: • Gas SmartPoint Modules (configured to the factory setting of six transmissions per day under normal system operation of up to one demand read to each SmartPoint Module per month and up to five firmware downloads during the life of the product) and batteries; • Sensus Electronic Register+ with hourly reads for the first ten (10) years from the date of Sensus shipment, and for the remaining ten (10) years, at a prorated percentage, applied towards the published list prices in effect for the year product is accepted by Sensus under warranty conditions according to the following schedule: Years Replacement Price Years Replacement Price 1 – 10 0% 16 55% 11 30% 17 60% 12 35% 18 65% 13 40% 19 70% 14 45% 20 75% 15 50% >20 100% Footnote 2: Sensus will repair or replace non-performing: • iPERL System Batteries, and/or the iPERL System flowtube, the flow sensing and data processing assemblies, and the register (“iPERL System Components”) with hourly reads • SmartPoint 510M/520M Modules (configured to the factory setting of six transmissions per day under normal system operation of up to one demand read to each SmartPoint Module per month and up to five firmware downloads during the life of the product) and batteries, unless the SmartPoint 510M/520M Module is ever paired with an ally Meter, which event immediately amends the warranty terms to those described in Section 11; at no cost for the first fifteen (15) years from the date of Sensus shipment, and for the remaining five (5) years at a prorated percentage, applied towards the published list price in effect for the year the product is accepted by Sensus under the warranty conditions according to the following schedule: Years Replacement Price 1 – 15 0% 16 30% 17 40% 18 50% 19 60% 20 70% >20 100% 11. ally® Meter Batteries and Components, including SmartPoint 510M/520M Modules are warranted to be free from defects in material and workmanship from the Date of Installation, as defined in Section 3, for the period stated below: Batteries 15 years3 Sensors 5 years Valve & Gear Motor 5 years4 SmartPoint 510M/520M Modules and Batteries in service w/ally 15 years3 Footnote 3: If applicable, any SmartPoint 510M/520M Modules ever paired with an ally Meter are warranted with the following limitations: o When configured to the default installation setting of six transmissions of metrology and pressure per day and one update of temperature per day, the SmartPoint is warranted to perform up to five (5) firmware upgrades for the SmartPoint Module and up to five (5) firmware upgrades for the ally Meter; o 2500 Operational Commands, where “Operational Commands” include on demand reads (such as consumption, pressure, temperature), an ally valve command, or a configuration command; and o 15 Diagnostic Commands, which includes two-way communications tests and installations for the first ten (10) years from Date of Installation at no cost. For the remaining five (5) years, Customer will pay the reduced Replacement Price of the then-current list price in effect at the time the product is accepted for return in accordance with the following schedule: Years Replacement Price Years Replacement Price 1 – 10 0% 14 65% 11 35% 15 75% 12 45% >15 100% 13 55% Footnote 4: Notwithstanding the foregoing, valve and gear motor components of ally Meters are not warranted beyond two thousand (2000) Valve State Operations, even if the warranty period provided herein has not yet expired. As used herein, “Valve State Operations” means adjustments of the Meter to open, close, or reduce flow. 12. iPERL and ally Connectors and Cables are warranted to be free from defects in materials and workmanship, under normal use and service, for ten (10) years from the date of Sensus shipment. Nicor or Itron connectors included with a Sensus product are warranted according to the terms for Third-Party Devices in Section 13. 13. Third-Party Devices are warranted to be free from defects in materials and workmanship, under normal use and service, for one (1) year from the date of Sensus shipment. As used in this Sensus Limited Warranty, “Third Party Devices” means any product, device, or component part used with a Sensus product that is manufactured or sold by any party that is not Sensus. Failure of a Third Party Device which subsequently causes failure to a Sensus device shall be the responsibility of the manufacturer of the Third Party Device. 8601 Six Forks Road, Suite 700 Raleigh, NC 27615 1-800-638-3748 14. Software. Software supplied and/or licensed by Sensus is supported according to the terms of the applicable software license or usage agreement. Sensus warrants that any network and monitoring services shall be performed in a professional and workmanlike manner. 15. Return. Sensus’ obligation, and Customer’s exclusive remedy, under this Sensus Limited Warranty is, at Sensus’ option, to either (i) repair or replace the product, provided the Customer (a) returns the product to the location designated by Sensus within the warranty period; and (b) prepays the freight costs both to and from such location; or (ii) deliver replacement components to the Customer, provided the Customer installs, at its cost, such components in or on the product (as instructed by Sensus), provided, that if Sensus requests, the Customer (a) returns the product to the location designated by Sensus within the warranty period; and (b) prepays the freight costs both to and from such location. In all cases, if Customer does not return the product within the time period designated by Sensus, Sensus will invoice, and Customer will pay within thirty days of the invoice date, for the cost of the replacement product and/or components. The return of products for warranty claims must follow Sensus’ Returned Materials Authorization (RMA) procedures. Water meter returns must include documentation of the Customer’s test results. Test results must be obtained according to AWWA standards and must specify the meter serial number. The test results will not be valid if the meter is found to contain foreign materials. If Customer chooses not to test a Sensus water meter prior to returning it to Sensus, Sensus will repair or replace the meter, at Sensus’ option, after the meter has been tested by Sensus. The Customer will be charged Sensus’ then current testing fee. All product must be returned in accordance with the RMA process. For all returns, Sensus reserves the right to request meter read- ing records by serial number to validate warranty claims. For products that have become discontinued or obsolete (“Obsolete Product”), Sensus may, at its discretion, replace such Obsolete Product with a different product model (“New Product”), provided that the New Product has substantially similar features as the Obsolete Product. The New Product shall be warranted as set forth in this Sensus Limited Warranty. THIS SECTION 15 SETS FORTH CUSTOMER’S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 16. Warranty Exceptions and No Implied Warranties. This Sensus Limited Warranty does not include costs for removal or installation of products, or costs for replacement labor or materials, which are the responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to goods that have been: installed improperly or in non-recommended installations; installed to a socket that is not functional, or is not in safe operating condition, or is damaged, or is in need of repair; tampered with; modified or repaired with parts or assemblies not certified in writing by Sensus, including without limitation, communication parts and assemblies; improperly modified or repaired (including as a result of modifications required by Sensus); converted; altered; damaged; read by equipment not approved by Sensus; for water meters, used with substances other than water, used with non-potable water, or used with water that contains dirt, debris, deposits, or other impurities; subjected to misuse, improper storage, improper care, improper maintenance, or improper periodic testing (collectively, “Exceptions.”). If Sensus identifies any Exceptions during examination, troubleshooting or performing any type of support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above warranties do not apply in the event of Force Majeure, as defined in the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS SENSUS LIMITED WARRANTY OR WITH THE TERMS OF SALE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND TITLE. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SOFTWARE SERVICES, AND OTHER SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 17. Limitation of Liability. SENSUS’ AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY “CAUSES OF ACTION”) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR OTHERWISE. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS’ LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; NOR (II) ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY IN/OUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES; NOR (V) DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, WATER HAMMER CONDITIONS, OR EXCESSIVE WATER PRESSURE. “IN/OUT COSTS” MEANS ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER’S PREMISES AND ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN INSTALLING, UNINSTALLING AND REMOVING GOODS. “END USER” MEANS ANY END USER OF ELECTRICITY/WATER/GAS THAT PAYS CUSTOMER FOR THE CONSUMPTION OF ELECTRICITY/WATER/GAS, AS APPLICABLE. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law.