CITY COUNCIL AGENDA Tuesday, February 20, 2018 5:30 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code NDS Conference Room (Boards & Commissions) 6:30 p.m. Regular Meeting - CALL TO ORDER Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS African American History Month; Charlottesville OneBook Program; Social Services Benefit Programs Staff Appreciation Month CITY MANAGER RESPONSE TO COMMUNITY MATTERS COMMUNITY MATTERS Public comment is provided for up to 16 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 8 spaces, and pre-registered speakers are announced by noon the day of the meeting. The number of speakers is unlimited at the end of the meeting. 1. CONSENT AGENDA*: (Items removed from consent agenda will be considered at the end of the regular agenda.) a. Minutes for January 16, 2018 and February 5, 2018 b. APPROPRIATION: Funds to the Charlottesville Affordable Housing Fund for fulfillment of the Cedars Court Apartment ADU Cash in Lieu payment – $42,407.32 (2nd of 2 readings) c. APPROPRIATION: Changing the Narrative Black Male Achievement Bama Works Fund Grant – $10,000 (2nd of 2 readings) d. APPROPRIATION: Additional Funding for VIEW Program – $16,900 (1st of 2 readings) e. ORDINANCE: Amend Ordinance to Change Start Time of Regular Council Meetings (1st of 2 readings) 2. PUBLIC HEARING / Emancipation and Justice Parks Renaming – 30 mins REPORT*: 3. PUBLIC HEARING / Work Session: Proposed Amendments to City Code Chapter 18 – Permits for Special Event ORDINANCE*: and Demonstrations – 90 mins 4. PUBLIC HEARING / Conveyance of Portion of Ridge Street Right-of-Way for William Taylor Plaza Project ORDINANCE*: (1st of 2 readings) – 30 mins 5. ORDINANCE*: Closing and Vacating Brandon Avenue and a Portion of Monroe Lane/15th Street (1st of 2 readings) – 20 mins 6. REPORT: Update on Public Transportation in the Charlottesville/Albemarle Region – 30 mins 7. REPORT*: Charlottesville Redevelopment and Housing Authority Funds Update – 20 mins OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA Agenda Date: February 5, 2018 Action Required: Approval of Appropriation Staff Contacts: Stacy Pethia, Housing Program Coordinator Presenter: Stacy Pethia, Housing Program Coordinator Title: Appropriation of Funds to the Charlottesville Affordable Housing Fund (CAHF) for fulfillment of the Cedars Court Apartment ADU Cash in Lieu payment - $42,407.32 Background: The City has received funds that need to be appropriated. Cedars Court Apartments, LLC, owner and developer of the Cedars Court Apartments (located at 1228 Cedars Court), elected to make a cash contribution of $42,407.62 as allowed by the Affordable Dwelling Unit (ADU) Ordinance per Charlottesville City Code Section 34-12. Discussion: The payment received from Management Services Corporation, submitted on behalf of Cedars Court Apartments, LLC will need to be appropriated to the Charlottesville Affordable Housing Fund (CAHF). This payment represents the full amount of the cash contribution to satisfy the ADU requirements associated with their approved Special Use Permit. Community Engagement: There has been no direct community engagement on this issue, as the payment received from Management Services Corporation was made to satisfy the requirements of the Cedars Court Apartments Special Use Permit approved December 5, 2016. Alignment with City Council Vision and Strategic Plan: Approval of this item aligns with the City Council Vision of „Quality Housing for All‟ and with the Strategic Plan Objective 1.3 to “Increase affordable housing options.” Budgetary Impact: The proffer payment from Cedars Court, LLC will increase the amount of available CAHF funds to $161,177.13. CAHF Balance as of 12/14/2017 $ 72,886.55 Water Street Promenade Partial Proffer Payment $ 45,883.26 Cedars Court Apartment ADU Payment $ 42,407.32 CAHF Balance after appropriation $161,177.13 Recommendation Staff recommends approval of the appropriation. Alternatives: There are no alternatives. Attachments: N/A APPROPRIATION Charlottesville Affordable Housing Fund (CAHF) Cedars Court Apartments ADU Payment $42,407.32 WHEREAS, the City of Charlottesville has received payment from Management Services Corporation (on behalf of Cedars Court Apartments, LLC) as payment in lieu of affordable units as required by the City Code Section 34-12; and WHEREAS, the Affordable Dwelling Unit payment must be paid into the Charlottesville Affordable Housing Fund pursuant to Section 34-12(d)(2); NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $42,407.32 be received as payment from Management Services Corporation, to be appropriated as follows: Revenues: $42,407.32 Fund: 426 Project: CP-084 G/L Code: 451020 Expenditures: $42,407.32 Fund: 426 Project: CP-084 G/L Code: 599999 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 5, 2018 Action Required: Approval and Appropriation Presenter: Gretchen Ellis, Rory Carpenter, Human Services Staff Contacts: Gretchen Ellis, Human Services Planner Rory Carpenter, Human Services Planner Daniel Fairley, Youth Opportunity Coordinator Kaki Dimock, Director of Human Services Title: Changing the Narrative Black Male Achievement Bama Works Fund Grant - $10,000 Background: The City of Charlottesville's Alliance for Black Male Achievement received $10,000 from the Bama Works Fund, to help change the narrative for Black boys and young men through community engagement strategies, which include a structured communication plan and storytelling program. The grant period is from January 1, 2018 through December 31, 2018. The total grant is $10,000 and there is no required local match. Discussion: Too often, Black males are over-represented in media depictions of poverty, crime and violence and underrepresented as fathers, workers, creators and users of technology and problem solvers. The Alliance recognizes the healing power of storytelling and will develop a multi-generational approach to be implemented over the course of 2018 as part of a community engagement strategy. Working with partners at Lighthouse Studio, Black boys and young men will conduct a series of filmed conversations with Black adult men featuring the many accomplished Black men in the Charlottesville area. The funds will be received and administered by the Charlottesville Human Services Department who will partner with Lighthouse Studio to develop, edit and produce the films with the youth who will receive $200 stipends to create the films. Alignment with Council Vision Areas and Strategic Plan: The Bama Works Fund grant aligns with the City of Charlottesville’s Strategic Plan – Goal 1: An Inclusive Community of Self-sufficient Residents, Objective 1.5: Intentionally address issues of race and equity; and Goal 2: A Healthy and Safe City, Objective 2.3: Improve community health and safety outcomes by connecting residents with effective resources. Community Engagement: The filmed conversations by Black young men of Black adult men will engage both young and older Black men in the Charlottesville community as well as those members of the community who view the films. Budgetary Impact: This has no impact on the General Fund. The funds will be expensed and reimbursed to a Grants Fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If the grant funds are not appropriated the community engagement strategies will not be provided. Attachments: Appropriation APPROPRIATION Changing the Narrative Black Male Achievement Bama Works Fund Grant $10,000 WHEREAS, the Human Services Department of the City of Charlottesville has been awarded $10,000 from the Bama Works Fund; and WHEREAS, the grant award covers the period from January 1, 2018 through December 31, 2018. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $10,000 is hereby appropriated in the following manner: Revenue – $10,000 $10,000 Fund: Cost Center: 3413015000 G/L Account: 451020 Expenditures - $10,000 $10,000 Fund: Cost Center: 3413015000 G/L Account: 599999 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Required: Approve Appropriation Presenter: Diane Kuknyo, Director, Department of Social Services Staff Contacts: Kelly Logan, VIEW Supervisor, Department of Social Services Laura Morris, Chief of Administration, Department of Social Services Title: Additional Funding for VIEW Program -- $16,900 Background: The Charlottesville Department of Social Services has received $16,900 in additional funding from the Virginia Department of Social Services for the Virginia Initiative for Employment not Welfare (VIEW) program. Discussion: This funding will serve residents of the City of Charlottesville who receive Temporary Assistance for Needy Families (TANF) and are enrolled in Virginia Initiative for Employment not Welfare (VIEW) through the Department of Social Services. The VIEW program serves parents in households with children up to the age of 18. All participants in the VIEW program are considered low-income with annual incomes below 100% of the federal poverty level for single parent households and below 150% of the federal poverty level for two parent households. The VIEW program provides a variety of supportive services such as job skills training, child care assistance, and transportation to assist participants with becoming self-sufficient through employment. Alignment with Council Vision Areas and Strategic Plan: Approval of this agenda item aligns with the City’s mission to provide services that promote equity and an excellent quality of life in our community. It is consistent with Strategic Plan Goal 1: An inclusive community of self-sufficient residents, Objective 1.2, Prepare residents for the workforce and 1.4, Enhance financial health of residents. Community Engagement: Department staff work directly with citizens to provide social services, protect vulnerable children and adults, and promote self-sufficiency. Budgetary Impact: Funds have been received and will be appropriated into the Social Services Fund. There are no general funds required or being requested. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: Funds that are not appropriated will need to be returned to the Virginia Department of Social Services. Attachments: Appropriation APPROPRIATION Additional Funding for Department of Social Services VIEW Program $16,900 WHEREAS, the Charlottesville Department of Social Services has received an additional $16,900 in the Fiscal Year 2018 budget from the Virginia Department of Social Services to be used for clients enrolled in the Virginia Initiative for Employment not Welfare (VIEW) program, NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $16,900 is hereby appropriated in the following manner: Revenue – $16,900 Fund: 212 Cost Center: 9900000000 G/L Account: 451022 $16,900 Expenditures - $16,900 Fund: 212 Cost Center: 3333002000 G/L Account: 540060 $16,900 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Requested: Approval of Ordinance Presenter: Lisa Robertson, Acting City Attorney Staff Contacts: Lisa Robertson, Acting City Attorney Paige Rice, Clerk of Council Title: Amend Ordinance to Change Start Time of Regular Council Meetings Background and Discussion: At a recent retreat, City Council members and staff discussed ways to allow more time for the public to comment on community issues, neighborhood concerns, and other topics during the time reserved for Matters by the Public at regular Council meetings. At the February 5 Council meeting, Council voted to change their policies and procedures, to include a revised start time for regular Council meetings, which will begin at 6:30 p.m. instead of 7:00 p.m. to allow more time for public comment. Section 2-41 of the City Council specifies that Council meetings will begin at 7:00 p.m., so an ordinance change is required to move the start time to 6:30 p.m. Attached is a proposed ordinance for Council’s consideration. Alignment with City Council’s Vision and Strategic Plan: Expanding the time of City Council meetings aligns with two areas of the Council Vision: Community of Mutual Respect and Smart, Citizen-Focused Government, which strives to make sure Council decisions are informed at every stage by effective communication and active citizen involvement. Goal 5 (Responsive Organization) of the Strategic Plan is to foster effective community involvement. Community Engagement: City Council has discussed this matter at three public meetings and has held two public hearings. Budgetary Impact: None. Recommendation: Staff recommends that the proposed ordinance be adopted to align the City code with Council’s intention to start regular meetings at 6:30 p.m. Attachment: Proposed Ordinance AN ORDINANCE AMENDING AND REORDAINING SECTION 2-41 OF ARTICLE II OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, RELATED TO THE TIME AND PLACE OF CITY COUNCIL MEETINGS BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Section 2-41 of Article II of Chapter 2 of the Charlottesville City Code, 1990, as amended, is hereby amended and reordained, as follows: Sec. 2-41. Place and time of regular meetings. The city council shall hold its regular meetings at the council chamber of the city hall, or at such other place in the city as may be designated by the mayor or the council, beginning at 7:00 6:30 p.m. on the first and third Mondays of each month, unless such day is a legal holiday, in which event such meeting shall be held on the day following. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Requested: Public hearing / Provide direction to staff Presenter: Maurice Jones, City Manager Staff Contacts: Maurice Jones, City Manager Title: Emancipation Park and Justice Park Renaming Background: City Council created the ad-hoc Blue Ribbon Commission on Race, Memorials and Public Spaces (BRC) on May 2, 2016 to address the questions and concerns brought before Council regarding the statues of Robert E. Lee and Stonewall Jackson. Eleven commission members were appointed after an application process. They were charged with providing Council with options for telling the full story of Charlottesville’s history of race relations and for changing the City’s narrative through our public spaces. A final report was presented to Council on December 19, 2016. The Council reviewed the Commission’s recommendations at its January 17, 2017 meeting. On February 6, 2017, the City Council voted 3-2 to remove the Lee statue from Lee Park. (Subsequent to the events of the summer, the vote changed to 5-0.) In separate motions, the Council voted unanimously to rename both Lee and Jackson Parks and to move forward with developing a Request for Proposal (RFP) for professional design services to create a Master Plan for the Historic North Downtown and Court Square Districts. On April 17, 2017, the Council voted to hold a naming contest for the two parks and asked the staff to forward the top ten appropriate suggestions to the Parks and Recreation Advisory Board and the Historic Resources Committee for each group’s consideration. The charge for both boards was to provide the Council with three naming options for each park. Located below are the top ten appropriate names for each park as collected by the City via the Charlottesville.org web site during a three week period of time in the spring of 2017. There were 1,382 suggested names for Lee Park and 1,355 names for Jackson Park. Over 1,100 submissions were received for both “Lee Park” and “Jackson Park”. However, those names are not responsive to the request to provide “new” names for the parks. The top ten appropriate suggestions for Lee Park were: Monacan Park Freedom Park Sally Hemmings Park Library Park Vinegar Hill Park Market Street Park Unity Park . There were several other appropriate submissions that received three votes each: Progress Park Barbara Johns Park Central Park Barack Obama Park Liberation Park Julian Bond Park For Jackson Park, the top appropriate suggestions were: Court Square/Courthouse Park McKee Park (The McKee property was the Sally Hemmings Park site upon which Jackson Park was built.) 13th Amendment Park Unity Park Freedom Park Justice Park Numerous appropriate names received two submissions: Monasukapanough Park (Monasukapanough Memorial Park was a Monacan Village near the Rivanna.) Harriet Tubman Park Sandra Lewis Park (Ms. Lewis was the first Progress Park African-American woman to graduate Independence Park from the University of Virginia.) Transformation Park Barack Obama Park Abolition Park Frederick Douglass Park Liberty Park Council asked the Parks and Recreation Advisory Board and the Historic Resources Committee to review the list of possible names and offer their suggestions for consideration. The Parks and Recreation Board met on May 17, 2017 to review the list. Members of the board submitted their individual choices on May 25. The Historic Resources Committee met on May 24, 2017 to discuss the list and offered their suggestions as a body the same day. The Parks and Recreation Board submitted the following names for Lee and Jackson Parks: Lee Park Jackson Park Market Street Park Court Square Park (2 first place votes, 2 third place votes) (5 first place votes, 1 second place vote) Library Park Courthouse Park (2 first place votes, 1 second place vote) (1 first place vote, 3 second place votes) Festival Park Justice Park (1 first place vote, 2 second place votes) (1 first place vote, 1 third place vote) Community Commons Central Park (1 first place vote, 1 second place vote) (1 second place vote, 1 third place vote) Central Park (2 second place votes) Unity Park (1 third place vote) Monacan Park (1 first place vote) Little Sorrel or Sorrel Park (1 third place vote) Vinegar Hill Park (1 third place vote) Unity Park (1 third place vote) Freedom Park (1 third place vote) Center City (1 third place vote) The Historic Resources Committee voted as a group on the Committee’s suggestions. They are as follows: Lee Park (ranked in order of preference): Jackson Park: 1. Community Park 1. Court Square Park 2. Central Park and Market Street Park 2. Courthouse Park (tied) 3. The Commons 3. Festival Park 4. Memory Park The motion passed 6-0, with one abstention. On June 5, 2017, City Council voted to re-name Lee Park to Emancipation Park, and Jackson Park to Justice Park. Discussion: In December 2017, City resident Mary Carey brought a petition to the City Council requesting the City reconsider its decision to change the name of Lee Park to Emancipation Park. The petition (attached in two separate documents) encourages Council to “immediately” rename the park. Numerous suggestions were included in the petition. Council directed staff to place the item on a future agenda. Council also asked to open the process to both Emancipation Park and Justice Park, as well as hold a public hearing. The Council has several options: 1. Consider renaming the parks with one of the names from the petition or from the previous lists of suggestions. 2. Consider creating a new community engagement effort to rename the parks. 3. Leave the name(s) Emancipation Park and/or Justice Park in place. Staff is seeking direction from Council this evening. Alignment with City Council’s Vision and Strategic Plan: Community of Mutual Respect: In all endeavors, the City of Charlottesville is committed to racial and cultural diversity, inclusion, racial reconciliation, economic justice, and equity. As a result, every citizen is respected. Interactions among city leaders, city employees and the public are respectful, unbiased, and without prejudice. Budgetary Impact: We do not have an estimate on the cost of the renaming. When the Council voted to change the name of Lee and Justice Parks, staff made the changes online and in publications. As a result of litigation against the name change and the Council’s desire to completely redesign both parks, the City has yet to purchase new signage. The City Council allocated $500,000 last December to assist with funding recommendations from the Blue Ribbon Commission on Race, Memorials and Public Spaces. Staff recommends using this funding when needed. Attachments: Online Petition to Rename Emancipation Park Paper Petition to Rename Emancipation Park (Both documents were provided by Ms. Carey) This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Actions Required: Yes (Public Hearing and vote on Chapter 18 Ordinance Amendments) Staff Presenter: Lisa Robertson, Interim City Attorney Staff Contacts: Lisa Robertson, Interim City Attorney Brian Daly, Director of Parks and Recreation Re: Proposed Amendments to City Code Chapter 18 – Permits for Special Event and Demonstrations Background: 01-02-2018: At its January 2, 2018 meeting, Council held a public hearing on the proposed Ordinance. Various topics on which public comment was received 1-2-2018 are addressed below in the “Discussion” section. As of February 7, 2018 the ACLU, the Rutherford Institute, nor other attorneys (with the exception of Mr. Fogel) have offered comments with the City Attorney’s Office for our review and consideration. 12-18-2017: At the December 18, 2017 Council meeting City Council reviewed and commented on the recently adopted Standard Operating Procedure (“SOP”) entitled “Regulations for Special Events and Demonstrations on City Property”, and also moved and seconded proposed ordinance amendments to Chapter 18 (Parks and Recreation) of the City Code (“First Reading”). Council directed that a public hearing be held before the second reading of the ordinance amendments, and that provision be made to allow the use of candles during a special event or demonstration. Discussion: following is a discussion of the provisions which have been the subject of public comment received on 12-18-2017 and 1-2-2018: 1. Open Fire and Open Flame Provisions (See Sec. 18-22 Definitions (“prohibited items”); see Sec. 18-25(i), prohibiting the “prohibited items”) As currently written, the proposed amendments to Chapter 18 (i) define “open burning and open fire” and “open flame”; (ii) classify “open fire” and “open flame” as prohibited items; and (iii) make the “holding, carrying, displaying or using any prohibited item” a Class IV misdemeanor. In accordance with Council’s suggestion from 12/18/2017, staff proposes the addition of the following language after the definitions of “open burning and open fire” and “open flame”: Provided, however, that “open burning and open fire” and “open flame” shall 1 not include handheld candles when used for ceremonial purposes, provided that they are not Page held or used in an intimidating, threatening, dangerous or harmful manner. 2. Small Group Exception to the Permit Requirement (Ref. Ord. §18-22 (definition of “special event”); related administrative regulations: sec. 3.1.10, 3.2.1) Regulations applicable to Demonstrations must allow for what’s referred to as a “small group exception” from permit requirements. A municipality has a strong public interest in ensuring the safety, order and unobstructed passage within public streets and sidewalks and in ensuring that citizens will be able to exercise their First Amendment rights in a manner that is safe and that does not present a danger to others. During simultaneous uses of limited public space, the City has a strong interest in ensuring that demonstrators won’t spill out of spaces [such as a park] and into city streets and impede traffic or render it impossible for other pedestrians to use sidewalks or enter/ exit buildings. A Small Group Exception should anticipate overlapping uses of public spaces in a relatively confined area, such as the parks, streets and sidewalks in Downtown Charlottesville. Typically, a small assembly of individuals will not, if they are conducting themselves in a reasonable manner, present challenges to the public safety or convenience. Because of this, courts generally hold that localities’ regulations must not require a permit for a small group of people, but they leave it to the individual locality as to what specific number of persons should be the threshold for requiring a permit. City Council should take into consideration factors such as the size/ width of its sidewalks, normal traffic congestion and patterns, normal uses of rights- of-way (vehicles, pedestrian traffic, parking, entrances to office buildings and businesses, etc.), the size of its public parks, and the locality’s experience with past demonstrations. Examples: National Park Service Regulations (§2.51) for the DC National Mall provide a Small Group Exception for 25 or fewer persons (in a public park). One locality’s small group exception for 10 or fewer persons has been upheld by a federal court (the locality presented evidence of its narrow streets and sidewalks, and of adverse public safety experiences with rival groups who each repeatedly appeared to confront the other group, each time the other group assembled). From 2010 through 2017, Charlottesville applied a Small Group Exception for groups of 50 or fewer people. 3. Allowance for Spontaneous Demonstrations (Ref. Ord. § 18-22 (definition of “demonstration”); §18-23(b)(i) (exemption from permit requirement); related administrative regulation: §3.2.1) When a locality elects to adopt a permit process applicable to demonstrations, the locality’s time, place and manner regulations should leave ample alternative opportunities for exercising rights of free speech. Ordinances/ regulations that provide for a “spontaneous demonstration” exception, particularly when combined with the Small Group Exception noted in the previous section above, have been regarded as striking a lawful balance between regulation and freedom of speech. We regard this provision as an essential element of the Ordinance and regulations. 2 Page 4. Advance Notice Period (Ref. Ord. §18-23(a); related administrative regulation: §3.3.2 (permits to be submitted for review 30 days in advance, if event will NOT require street closure, removal of parking, or public safety personnel; 60 days in advance, if event WILL require any of those things). §3.3.2 allows the City Manager to reduce the required advance notice period in appropriate cases. The requirement for submission of a permit application in advance is to allow the City sufficient time to evaluate the public safety implications of a proposed event, and to make plans for an appropriate allocation of resources as may be necessary to maintain the free flow of traffic on streets and sidewalks during an event and to preserve public safety, order and First Amendment rights of demonstrators and bystanders. When a locality’s ordinance/ regulations allow for Small Group and Spontaneous Demonstration exceptions, the permit process will remain for larger planned events for which a greater advance notice and planning period may be in the public interest. The City of Richmond, Virginia, requires applications 45 days in advance. 5. “Prohibited items” include law enforcement or military-like uniforms, uniform-like clothing badges, insignia, shields, hats, helmets, masks, equipment and other items that suggest or imply that the wearer is a current member of law enforcement, the military or a private militia. (Ref. Ord. §18-22 (definition of “prohibited items”); related administrative regulation § 3.1.9.) The purpose of these provisions is to protect public safety by avoiding situations in which a member of the public cannot tell the difference between bona fide law enforcement and peace- keeping forces, and citizens who may be holding themselves out as such. Upon further review, we would suggest also including a reference to “or other public safety organization, such as a fire department or emergency medical services agency” [this could be inserted in the definitions of “prohibited items” following the reference to ‘private militia’]. Under Virginia law, the following are already criminal offenses: (i) impersonating a law enforcement officer, see Va. Code 18.2-174; (ii) impersonating public safety personnel, see Va. Code §18.2-174.1; (iii) wearing the uniform or insignia of an officer who has the power of arrest (e.g., a law enforcement officer, such as police officer, deputy sheriff, etc.); (iv) wearing a mask to conceal one’s identity (over 16 years of age) in a public place, see Va. Code §18.2-422; and (v) falsely assuming the role of or pretending to be a peace officer, see Va. Code § 18.2-174. The following act is punishable by fines: wearing a U.S. military uniform, or part, if one is not a member of the military, see Va. Code 44-120 (exception: national guard members, who generally wear the same type of uniform provided for the U.S. military). The proposed Ordinance would encompass these existing state-law provisions, but would also establish local regulations that apply to additional circumstances that could be confusing [and potentially dangerous] within public settings during an event. 3 Page Community Engagement: Two public hearings have previously been conducted on the proposed ordinance. Another public hearing has been scheduled for February 20, 2018, to allow additional public comment on the proposed ordinance amendments. Budget Impact: The proposed ordinance amendments will not impact the City budget. Recommendation: Staff recommends that City Council hold a public hearing and approve the proposed Ordinance. Alternatives: City Council can decline to approve the proposed Ordinance, or may approve ordinance changes other than those proposed within the attached Ordinance. If Council adopts changes to the Ordinance as a result of its deliberations, City staff will administratively make corresponding changes to the SOP for Special Events and Demonstrations on City Property. Attachments: Proposed Ordinance (Amendments to City Code, Chapter 18) Administrative Regulations for Special Events and Demonstrations on City Property 4 Page AN ORDINANCE AMENDING AND REORDAINING CHAPTER 18 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY ADDING A NEW ARTICLE III ENTITLED “PERMITS FOR SPECIAL EVENTS AND DEMONSTRATIONS” BE IT ORDAINED by the Council for the City of Charlottesville, Virginia that Chapter 18 (Parks and Recreation) of the Code of the City of Charlottesville, 1990, as amended, is hereby amended and reordained by adding a new Article III entitled “Permits for Special Events and Demonstrations”, which Article shall read as follows: ARTICLE III. PERMITS FOR SPECIAL EVENTS AND DEMONSTRATIONS Sec. 18-21. Purpose. The purposes of this Article are to: (a) To establish procedures and standards governing the use of public property by non- City organizations and individuals for the purpose of conducting events, and to ensure the preservation of public convenience in the use of city streets and outdoor areas, the preservation of public order and safety, and the defraying of administrative expenses associated with certain types of uses; and, (b) To protect the right of persons and groups to organize and participate in peaceful assemblies to express their political, social, religious, or other views on City streets, sidewalks, other public ways, parks, and other public lands, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in such assemblies in not having their ability to use City streets, sidewalks, and other public ways to travel to their intended destinations, City parks for recreational purposes, and other City lands for their intended purposes unreasonably impaired. (c) The application of the provisions of this Article, and any rules and regulations adopted pursuant to these provisions, shall be without regard to the content of the beliefs expressed or anticipated to be expressed during any permitted event. Sec. 18-22. Definitions. “Community event” shall mean the events listed in Sec. 28-29(c) of the City Code, and such other events designated by City Council as “community events” from time to time. “Demonstration” shall refer to an event involving non-commercial expression protected by the First Amendment of the United States Constitution (such as picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual activity by persons which does not have an intent or propensity to attract a crowd or onlookers. The term “demonstration” shall exclude (i) any events conducted by Tenant of the Economic Development Authority of the City of Charlottesville (“CEDA”) under the Pavilion Lease dated September 20, 2004 (i.e., all “Operator Events” as that term is defined within that Pavilion Lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument. “Event” may refer either to a demonstration or a special event, or to demonstrations and special events, collectively. “Open burning and open fire” have the same meaning as set forth in Charlottesville City Code § 12-2. “Open flame” means fire whose flame is supported by a wick, oil or other slow-burning means to sustain itself. “Open flame” includes, but is not limited to, flame producing devices such as candles, torches, and juggling or other fire artist equipment. “Prohibited items” shall mean (i) all items prohibited by law from being held, carried, displayed, worn or otherwise used in public, (ii) items banned from public or park lands, (iii) any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers, stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice picks, acidic or caustic materials, hazardous, flammable, or combustible liquids, dogs (except service dogs), skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes, pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs, drones, explosives, fireworks, open fire or open flames, or other item considered an “implement of riot”, (iv) any items capable of inflicting bodily harm when these items are held or used in an intimidating, threatening, dangerous or harmful manner, and (v) law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that when held, carried, displayed or worn tend to suggest or imply that the wearer is a current member of law enforcement, the military or a private militia. “Special event” shall refer to sports events, pageants, celebrations, historical reenactments, carnivals, music festivals and other entertainments, exhibitions, dramatic presentations, fairs, festivals, races (i.e., runs/walks), block parties, parades and other, similar activities, conducted on public property, which (i) are not demonstrations, and (ii) are engaged in by 10 or more persons. The term “special event” shall be construed to include a community event or private organization celebration held in or on city-owned property and is attended by 2 more than 10 people. The term “special event” shall exclude (i) any events conducted by CEDA’ s Tenant under the Pavilion lease dated September 20, 2004 (i.e., all “Operator Events” as that term is defined within the Pavilion lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument; and (iii) gatherings of ten or more people in a park for general recreational or sports activities. “Sponsor” shall mean the person (as defined above) or persons who sign, or whose authorized representative(s) sign, an application for an event permit and who will be responsible under the permit, if issued, for ensuring that the event will be conducted in accordance with these regulations. Where a purported sponsor is not a legal entity, the sponsor shall be the individual(s) signing the permit application. Sec. 18-23. Permit required. (a) The City Manager is authorized to adopt standard operating procedures that establish a permit application process to be administered through the City Department of Parks and Recreation. The procedures shall also provide for the grant or denial of permit applications within specified times; establish the grounds for revocation of an approved permit; provide for the application of reasonable time, place and manner regulations for permitted events; establish reasonable fees, charges, rentals and insurance and indemnification requirements; and restrict the possession or use of prohibited items, as defined herein, during the event. (b) Any person intending to hold or sponsor an event on any City-owned or leased property must first obtain a permit through the City Department of Parks and Recreation, unless (i) the event is exempt from permitting requirements under the standard operating procedures promulgated by the Charlottesville City Manager, or (ii) such person is holding or sponsoring such event pursuant to a valid permit issued by the City Manager pursuant to another Chapter of this Code. (c) By accepting a permit issued by the City pursuant to this Article, the Sponsor represents that (1) all information included or presented as part of the permit application was, to the best of the Sponsor’s information and belief, complete and correct; (2) that all terms and conditions of such permit have been or will be complied with; and (3) that a copy of the permit will be made available for inspection by any City representative during the event. Sec. 18-24. Insurance requirements. (a)To further the goal of public safety and to protect the City of Charlottesville and its officers, officials and employees from claims for damage to property or bodily injury occurring during the event, the sponsor of an event shall be required to furnish a general liability and 3 property damage insurance contract insuring the Sponsor’s liability for personal injury and death and damages to property resulting from its use of public property. The required general liability and property damage insurance, unless waived in whole or in part, shall be provided in an amount not less than $1,000,000, and the insurance policy shall name the City (including is officers, officials, employees and agents), as additional insured parties to the insurance contract. (b) This insurance requirement may be waived, in whole or in part, by the City Manager or his or her designee because: (1) the cost of the insurance will result in a documented financial hardship to the sponsor, or (2) for an event that does not (i) pose a high level of liability risk to the City or a material risk to public safety, and (ii does not involve any inherently dangerous activity. A written request to waive or modify any insurance requirement must be made by the sponsor at the time a permit application is submitted. An approval or denial of the request will be made in writing to the event sponsor. (c) The decision on whether the insurance requirement will be waived in whole or in part will be based on the following factors: (1) whether the event and planned activities present a risk of personal injury or property damage; (2) whether the event involves a large number of participants relative to the size of the event venue; (3) whether the event involves the preparation and sale of food; (4) the duration of the event; and (5) whether the event involves transportation or installation of heavy equipment, or the installation of a stage or other temporary structures. Provided however, that, in deciding whether insurance will be required or waived for a demonstration the City Manager or his or her designee shall not consider the number of anticipated onlookers or counter-demonstrators, the potential risk of property damage or bodily injury that may be caused by onlookers or counterdemonstrators, nor the possibility that the demonstration will be controversial in nature. Sec. 18-25. Violations and penalties. The following conduct is declared to be unlawful and shall be, upon conviction, punishable as a Class IV misdemeanor, unless a greater penalty is authorized and imposed in any other Chapter of this City Code or by the laws of the Commonwealth of Virginia: (a) Sponsoring, holding or conducting an event for which a permit is required, without first obtaining a permit; (b) Sponsoring, holding or conducting a permitted event on days or at times not authorized by the permit; (c) Intentionally providing false, misleading or incomplete information in a permit application; (d) Failing to comply with any terms or conditions placed on a permit; 4 (e) The failure to comply during an event with any lawful directive of a law enforcement officer, or with any lawfully posted public sign, direction or instruction; (f) Climbing upon any tree, or any wall, fence, shelter, fountain, statue, or any other structure not specifically intended for climbing purposes; (g) Rendering any part of the event venue dangerous, unsafe or unsuitable for use by others; (h) Closing any street or public right-of-way, or using such street or right-of-way in a manner that obstructs vehicular or pedestrian passage, without first obtaining a street closing permit; (i) Holding, carrying, displaying or using any prohibited item as defined herein within the area where a permitted event is taking place, without the prior written consent of the City Manager or his or her designee; (j) Throwing or propelling objects of a potentially dangerous nature, including but not limited to rocks, bottles, sticks, staffs, glass objects or cans; (k) Engaging in a course of conduct or committing any act that endangers the public welfare or safety of others; (l) Damaging landscaping, plantings, improvements, equipment or structures located on City property where the event is being held. In addition to the criminal sanctions authorized herein, any person engaging in the unlawful conduct proscribed by this section, or who violates any ordinance in this Article, may also be held civilly liable for any damages or loss, and may be banned from the future use of City-owned property for a specified period of time. 5 CITY OF CHARLOTTESVILLE STANDARD OPERATING PROCEDURE Type of Policy: ADMINISTRATIVE Department: City Wide Policy Number 100-04 Revisions: April 10, 2001; February 6, 2003; February 17, 2004; May 5, 2005; July ___, Authorization: Maurice Jones, City Manager 2006; December 27, 2006; July 31, 2008; November 20, 2009; December 1, 2009; August 12, 2010; December __, 2017 Signature of City Manager Effective Date: 12/___/2017 CITY OF CHARLOTTESVILLE STANDARD OPERATING PROCEDURE Regulations for Special Events and Demonstrations on City Property 1.0. PURPOSES 1.1. To establish procedures and standards governing the use of public property by non-City organizations and individuals for the purpose of conducting events, and to ensure the preservation of public convenience in the use of city streets and outdoor areas, the preservation of public order and safety, and the defraying of administrative expenses associated with certain types of uses. 1.2. To protect the right of persons and groups to organize and participate in peaceful assemblies to express their political, social, religious, or other views on City streets, sidewalks, other public ways, parks, and other public lands, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in such assemblies in not having their ability to use City streets, sidewalks, and other public ways to travel to their intended destinations, City parks for recreational purposes, and other City lands for their intended purposes unreasonably impaired. 2.0. CITY DEPARTMENTS/ORGANIZATIONS AFFECTED The City Manager, directly or through an Events Coordinator, shall manage the scheduling of events on City-owned property. The Police, Fire, Public Works (Traffic and Facilities Management Divisions), Transit, Neighborhood Development Services (NDS) and Parks and 301156254 v11 Recreation Departments shall have an opportunity to review event applications and propose reasonable time, place and manner modifications thereto and conditions thereon in keeping with these ordinances and the purposes stated in section 1.0 above. 3.0. POLICY 3.1. Definitions 3.1.1. “Advertising” and “Advertisement” shall mean anything containing any words, symbols, pictures and/or logos directing attention to any business or to any commodity or service for sale to the public; excluding, however: (i) a price sign, a sign or logo identifying the name of a vendor and item being sold by that vendor, when such signs are located within an area specifically delineated as part of an event and the vendor holds a valid permit, (ii) a sign or logo naming the sponsor(s) of an event, and (iii) stands or vehicles with semi- permanent or permanently installed signs, if being used for authorized recreational activities or events. (C.Ref. State Code 15.2-2013(1): advertising prohibited in streets temporarily closed to public use). 3.1.2. “Community event” shall mean the events listed in Sec. 28-29(c) of the City Code and in Section 3.7 below, and such other events designated by City Council as “community events” from time to time. 3.1.3. “Demonstration” shall refer to non-commercial expression protected by the First Amendment of the United States Constitution (such as picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual activity by persons which does not have an intent or propensity to attract a crowd or onlookers. The term “demonstration” shall exclude (i) any events conducted by Tenant of the Economic Development Authority of the City of Charlottesville (“CEDA”) under the Pavilion Lease dated September 20, 2004 (i.e., all “Operator Events” as that term is defined within that Pavilion Lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument. 3.1.4. “Event” may refer either to a demonstration or a special event, or to demonstrations and special events, collectively. 3.1.5. “Events Coordinator” means the Director of Parks and Recreation or his designee, or another person designated by the City Manager from time to time. The CEDA Executive Director shall serve as the Events Coordinator for all City/CEDA Events that take place within the Pavilion, and for the day-to-day management of the Pavilion Premises (as the term “Premises” are defined within the Pavilion Lease dated September 20, 2004) outside of the time(s) when the Pavilion Premises are reserved to the CEDA Tenant’s exclusive use. 3.1.6. “Open burning and open fire” have the same meaning as set forth in Charlottesville City Code § 12-2. 3.1.7. “Open flame” means fire whose flame is supported by a wick, oil or other slow-burning means to sustain itself. “Open flame” includes, but is not limited to, flame producing devices such as candles, torches, and juggling or other fire artist equipment. 2 301156254 v11 3.1.8 “Person” shall mean and include any individual, corporation, limited liability company, partnership, limited partnership, association, company, business, non-profit company, trust, joint venture or other legal entity. 3.1.9. “Prohibited items” shall mean (i) all items prohibited by law from being held, carried, displayed, worn or otherwise used in public, (ii) items banned from public or park lands, (iii) any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers, stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice picks, acidic or caustic materials, hazardous, flammable, or combustible liquids, dogs (except service dogs), skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes, pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs, drones, explosives, fireworks, open fire or open flames, or other item considered an “implement of riot”, (iv) any items capable of inflicting bodily harm when these items are held or used in an intimidating, threatening, dangerous or harmful manner, and (v) law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that when held, carried, displayed or worn tend to suggest or imply that the wearer is a current member of law enforcement, the military or a private militia. 3.1.10. “Special event” shall refer to sports events, pageants, celebrations, historical reenactments, carnivals, music festivals and other entertainments, exhibitions, dramatic presentations, fairs, festivals, races (i.e., runs/walks), block parties, parades and other, similar activities, conducted on public property, which (i) are not demonstrations, and (ii) are engaged in by 10 or more persons. The term “special event” shall be construed to include a community event or private organization celebration held in or on city-owned property and is attended by more than 10 people. The term “special event” shall exclude (i) any events conducted by CEDA’ s Tenant under the Pavilion lease dated September 20, 2004 (i.e., all “Operator Events” as that term is defined within the Pavilion lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument; and (iii) gatherings of ten or more people in a park for general recreational or sports activities. 3.1.11. “Sponsor” shall mean the person (as defined above) or persons who sign, or whose authorized representative(s) sign, an application for an event permit and who will be responsible under the permit, if issued, for ensuring that the event will be conducted in accordance with these regulations. Where a purported sponsor is not a legal entity, the sponsor shall be the individual(s) signing the permit application. 3.1.12. “Streets” shall mean public streets, sidewalks, walkways, alleys, lanes and highways of the City, including, without limitation, the Downtown pedestrian mall. 3.1.13. “Structure” shall mean and include props and displays (such as, but not limited to: crates, crosses, theaters, cages, and statues); furniture and furnishings (such as desks, chairs, tables, bookcases cabinets, platforms, podiums and lecterns); shelters (such as tents, boxes, inflatables, booths and other enclosures); wagons and carts; and all other similar types of property which might tend to harm City land or street areas, including aesthetic interests. 3.2. Permit Requirements 3 301156254 v11 3.2.1. Events may be held only pursuant to a permit issued by the City Manager, with the following exceptions: events involving fewer than 10 persons where no space is requested to be reserved, or demonstrations which occur without prior planning or announcement for the purpose of an immediate and spontaneous response to a news- worthy occurrence, may take place without a permit if (i) it is otherwise a lawful assembly conducted in accordance with the regulations set forth in sections 3.5.1 through 3.5.3 and sections 3.5.6 through 3.5.15 herein, (ii) the group will not unreasonably interfere with other events scheduled or taking place concurrently, and (iii) the demonstration does not block streets or access to City property; and (iv) the demonstration does not pose a threat to public safety. Without limitation of the foregoing, demonstrations taking place in response to a news-worthy occurrence more than 48 hours after such news-worthy occurrence will not qualify as spontaneous demonstrations, even without prior planning or announcement, and sponsors of events outside this window must apply for an receive a permit for an event expected to draw 10 or more persons. 3.2.2. Wherever these regulations specify that a particular use or activity may be conducted only pursuant to a permit, such permit shall be required in order for that use or activity to be lawful. 3.3. Permit Applications In cases where a permit for an event is required: 3.3.1. Permit applications may be obtained from the Events Coordinator. Subject to obtaining a tent permit where required, tents may be used during an event. Inquiries regarding use of the Pavilion shall be directed to CEDA’s Executive Director. Inquiries regarding use of the area surrounding the First Amendment Monument shall be directed to the Thomas Jefferson Center for Freedom of Expression. 3.3.2. Applications for permits shall be submitted by the event sponsor in writing, on a form provided by the City, so as to be received by the Events Coordinator at least (i) thirty (30) business days in advance of any event, if not requiring street closure, removal of parking, or provision of public safety personnel, or (ii) sixty (60) business days in advance of any event, if requiring street closure, removal of parking, or provision of public safety personnel. These periods may be reduced by the City Manager with respect to demonstrations only if, upon consultation with the Police Chief, Fire Chief or other appropriate public safety officials, the size and nature of the proposed demonstration will not reasonably require commitment of City resources or personnel in excess of that which are normally available or which can reasonably be made available within the necessary time period, and review of the permit by all appropriate personnel for the purposes contemplated by these ordinances is feasible within the necessary time period. In all cases, sponsors are encouraged to submit requests for permits as far in advance of any event as possible (but not to exceed 6 months). A permit may be denied if, taking into account the size and nature of the proposed event, the City Manager does not have sufficient time to evaluate the proposed event’s potential impact upon public safety, persons and property, and the interests of persons not participating in the event being able to use City streets, sidewalks, and other public ways to travel to their intended destinations, City parks for recreational purposes, and other City lands for their intended purposes. 4 301156254 v11 a. Each application shall specify (i) the name, address and telephone number of a contact person for the sponsor, (ii) the nature of the event, (iii) the date when the event is to be conducted, (iv) the times when the event is to begin and end, and the approximate times when assembly for, and disbanding of, the event are to take place, (v) the location(s) of the event and any assembling or disbanding areas, as well as any related stands or other structures to be used in the event, (vi) the approximate number of persons, animals, and vehicles that will participate in the event, (vii) whether the sponsor will invite, publicize or advertise the event to groups and other persons that the sponsor does not directly represent, (viii) a description of the types of animals, the types of vehicles to be used, the number of bands and other musical units and sound trucks to be used, and the number, type, and size of banners, placards, and signs to be used, (ix) the number of persons who will be designated by the sponsor to monitor the event, and (x) any other information required by these regulations. The sponsor must disclose in an application whether the sponsor requests permission for a prohibited item to be used during a demonstration due to its expressive or symbolic quality relevant to the subject matter of the demonstration, including without limitation symbolic weapons, open flames or other similar items. If the permit grant includes the right to carry or display a prohibited item, such item must be carried or displayed in strict accordance with the terms of the permit and must otherwise at all times conform to applicable law. b. Any permit grant will be based on the information provided in the application being, and remaining, complete, accurate and not lacking any material omissions regarding the nature of the event, any structures or items to be used during the event, or any activities to be conducted during an event, which information constitutes conditions and limits on the event. Sponsor will notify the City as soon as practicable if any information in the application is no longer complete or accurate and provide a revised application containing the updated information. The City will promptly review the revised application and notify the sponsor whether the permit will stand, or be revoked, modified or subject to additional conditions or limits. The sponsor will be responsible for notifying the anticipated attendees of any applicable conditions and limits placed on an event and any relevant subject matter of these regulations directly applicable to their conduct at an event, such as the list of prohibited items and the allotted time and location for an event and its initial staging and dispersal, if applicable. c. Each application must be accompanied by all required fees and deposits and signed by all sponsors responsible for the event unless, with respect to an application for a demonstration only, the sponsor claims in the application a bona fide financial hardship and the sponsor demonstrates to the City Manager by reasonable evidence that the monetary obligations imposed by these regulations on the event would render the sponsor not reasonably able to conduct the demonstration, in which event the City Manager shall waive, in whole or in part, compliance with the monetary obligations, including the obligations of indemnification, imposed by these ordinances to the extent necessary to enable the sponsor to conduct the demonstration. d. The sponsor of (i) an event at which at least 500 people will or may be expected to attend, or (ii) a special event for which admission fees will be charged shall provide the City with the location and number(s) of people who attended the past 5 301156254 v11 three events staged by the sponsor (or the sponsor’s officers, directors or other principals). This will assist City officials and public safety personnel in planning for any services which may be necessary in connection with the event, including by contacting counterparts in other jurisdictions for the purpose of assessing the appropriate levels of such services. e. Tent permits are required for tents that exceed 900 square feet in size. Permits for tents exceeding 900 square feet can be requested by contacting the City Building Code Office in the Neighborhood Development Services Department. Tents greater than 400 sq. ft. but less than 900 sq. ft. do not require a permit, but must be inspected by the Fire Department prior to use. “Easy-up” and pop-up canopy tents are not permitted on the Downtown Mall under any circumstances. 3.4. Permit Processing. 3.4.1. Permit applications for events will be processed in order of receipt. The use of a particular area is allocated in order of receipt of completed applications (including any applicable fees or charges); however, the application of a sponsor who applies for a hardship fee waiver or reduction will not be considered incomplete due to non-payment of any fees or charges unless and until a determination is made that any fees or charges are due and owing from the sponsor and the due date for the fee has passed without the payment having been made. Unless otherwise provided by these regulations, no applications shall be accepted more than six months prior to the proposed date of an event. Upon receipt of a permit application, the Events Coordinator shall promptly deliver a copy of such application to the City Manager, the Police Chief, the Fire Chief, the Directors of the Departments of Parks and Recreation, Public Works, Utilities, Transit and any other City officials whom the City Manager may, from time to time, designate as reasonably necessary to receive and review permit applications, or their respective designees. Such officials shall promptly deliver to the City Manager their recommendations with respect to granting or denying the requested permit, or any modifications, conditions or limits upon which issuance of the permit should be based. 3.4.2. Priority of Use. Community events shall have priority of use of the particular street or City land specified in section 3.7 of these regulations, and those areas shall be deemed reserved unless released in writing by the sponsor. Other events may be allowed in areas which have been reserved for a community event, if they do not materially interfere with the community event and the community event sponsor consents. 3.4.3. Permit Application Fees. An application fee shall be paid by the sponsor of every proposed event for which a permit is required. See Appendix A for the amount of the fee. (C.Ref.5-56, 28-5 City Code). If a permit is denied or revoked, the application fee will not be refunded. Appendix A shall not apply to the Pavilion. Fees applicable for use of the Pavilion during time(s) when that area is available for use by the City/CEDA shall be provided by CEDA’s Executive Director upon request. 3.4.4. Requests for Information. Before or after permit issuance, the City Manager or his or her designee may request from the sponsor such additional information with respect to a proposed event as reasonably deemed necessary for evaluating the proposed event’s compliance with these regulations and the impact of the proposed event upon public safety, persons, and property, and the interests of persons not participating in the event being able to use City streets, sidewalks, and other public ways to travel to their intended 6 301156254 v11 destinations, City parks for recreational purposes, and other City lands for their intended purposes unreasonably impaired. The sponsor’s failure to timely provide such additional information constitutes grounds for denial of a permit request or the modification, conditioning or limiting of a permit. 3.4.5. Grounds for Rejecting or Revoking a Permit. A permit may be denied, or its grant may be conditioned or limited by the City Manager, or an issued permit may be revoked upon the following grounds: a. Receipt of Multiple Requests: a fully executed application for the same time and place has been received at an earlier time, reserving an area for an event or activities which do not reasonably permit multiple events in the particular area. b. Impact on Public Safety: it reasonably appears that the proposed event, due its nature, location, anticipated number of attendees or other factors, will present a threat to public safety or health or would be unlawful (including, without limitation, where a permit or license required by the Health Department or the Virginia Department of Alcoholic Beverage Control has not been obtained). c. Incompatible Use: the proposed event is of such a nature or duration that it cannot reasonably be accommodated in the particular area applied for; would be inconsistent or incompatible with the purpose(s) for which the area sought to be reserved is normally used, or with other uses of the area sought to be reserved. d. Failure to Meet Conditions: the application proposes activities contrary to one or more of the purposes, conditions or limits specified within these regulations. e. No Responsible Person: there is no person authorized to sign an application on behalf of the sponsor applying for a permit and/or there is no person willing or able, as demonstrated to the City Manager by reasonable evidence, to accept responsibility for and perform the sponsor’s obligations set forth in these regulations, including, without limitation, the sponsor’s indemnification obligations. f. In the case of a proposed special event: the proposed special event cannot be accommodated within a reasonable allocation of City funds and/or resources, considering the event’s public appeal and the anticipated participation of the general public therein. g. In the case of a special event proposed to take within the Pavilion: (i) the Pavilion is not available to the City/CEDA on the date/time requested, under the terms and conditions of the Pavilion lease dated September 20, 2004, or (ii) one or more of the grounds specified in paragraphs a-f above apply. h. Failure of the Event to be Consistent with the Application: The City Manager reasonably determines at any time, following consultation with the Police Chief, the Fire Chief, or other appropriate City officials, that any material information set forth in the permit application is incorrect or misleading, or has become since the submission of the application incorrect or misleading and the permit must be revoked, modified, conditioned or limited consistent with these regulations. 7 301156254 v11 i. Prohibited Items: Prohibited items are not allowed at events and an event permit will be denied or revoked if at any time it appears that prohibited items will be used, or are being used, during an event, and the City has not granted special permission in the permit covering such use. It will not be grounds for rejection of a permit that a sponsor wishes event attendees to carry or use a prohibited item in an expressive or symbolic way, including without limitation a symbolic weapon, open flame or other similar item, provided that all attendees must be licensed to carry such weapons if required by law and the use of such items must be otherwise lawful, and further provided that the event sponsor pays for any additional police, fire and emergency medical personnel required to maintain public safety in accordance with these regulations. If any prohibited item for which special permission has been received is held or used during the demonstration in an intimidating, threatening, dangerous or harmful manner, such use will be unlawful and the permit’s allowance of such use shall be automatically revoked. The person responsible for the unlawful use of the item will be directed by law enforcement to leave the demonstration area, and any person refusing to do so shall be subject to arrest for trespassing. Nothing in these regulations shall prohibit a disabled person from carrying, possessing or using a wheelchair, cane, walker, or similar device necessary for providing mobility so that the person may participate in a permitted event. Nothing in these regulations shall prohibit certified law enforcement officers or other public safety officials acting in their official capacity from carrying or possessing materials, weapons and / or devices used in the performance of law enforcement duties. 3.4.6. Modifying or Placing Conditions or Limits on Permit Grants. A permit may be modified or its grant may be conditioned or limited by the City Manager where necessary to meet the requirements of these regulations or to further their purposes. Such conditions and limits may include, for example, requiring the event to be relocated to an alternative venue if doing so is required to safely accommodate the number of anticipated attendees or type of event; provided, however, that with respect to demonstrations only, the City Manager shall take into account whether the alternative venue is suitable for communicating the content of the demonstration. The City reserves the right to limit the number of persons allowed at events based on the location or nature of the event, and to require that the sponsor provide a certain number of individuals, who may be volunteers within sponsor’s organization, to act as crowd managers to assist with ensuring that the assembly is and remains lawful and in compliance with these regulations and liaising with City officials prior to and during the event. 3.4.7. Notice of Decision. a. Applicants shall be notified of the City’s approval or denial of a permit for an event as soon as reasonably practicable after the date on which the application was received. The City may also issue approval of a permit for an event conditioned upon the sponsor’s accepting modifications, conditions or limits imposed on the event consistent with these regulations. b. Unless denied or modified within 10 business days following the submission of a completed permit application, or within thirty (30) business days if the event requires a street closure, removal of parking, or provision of public safety personnel, all requests for demonstration permits shall be deemed granted, 8 301156254 v11 subject to the conditions and limits set forth in the permit and these regulations, so long as the area proposed for the demonstration had not been reserved by another person prior to the date on which the permit would be deemed granted in accordance with this section 3.4.7(b). c. All denials of requests for, or conditional approvals of, demonstration permits shall include a reasonably detailed description of the reason for the denials or the modifications, conditions or limits, and specific instructions for how an appeal of the denial or conditional approval can be submitted to the City Manager. 3.4.8. Permit revocation. a. An issued permit for an event may be revoked by the City Manager upon a finding of a violation, or a reasonably anticipated violation, of any rule, ordinance, law, regulation and/or condition or limit of the permit, or a finding that a permit application was not complete or accurate or had a material omission of fact when granted, or a finding that the information in the permit application has become, or is reasonably likely to become, incomplete, inaccurate or to contain a material omission. Immediately upon such a revocation, the City Manager shall send a written notice to the sponsor at the sponsor’s address in the permit application, specifying the reason for the revocation. b. During the conduct of an event, a permit may be revoked by the ranking police, fire or other public safety supervisory official in charge, and the event attendees dispersed, if the event is unlawful, prohibited items are being used, there exists an imminent likelihood of violence or other threat to public safety endangering persons or threatening to cause significant property damage, or if the City or Commonwealth has declared either a state of emergency or an unlawful assembly covering the area in which such demonstration is being or will be held. Upon such revocation, the sponsor and the other sponsor attendants shall communicate the need to disperse the demonstration to the attendees. c. When a permit has been granted, or is deemed to have been granted pursuant to these regulations, the City Manager may revoke, modify, condition or limit the permit for any reason for which it could have been denied, modified, conditioned or limited originally. d. Except for permits revoked during demonstrations, all revocations of demonstration permits shall include a reasonably detailed description of the reason for the revocation and specific instructions for how an appeal of the revocation can be taken, and shall be served personally or by certified mail, with a copy sent by fax or e-mail at the sponsor’s request. 3.4.9. Appeals. a. Except for permits revoked during demonstrations, an appeal of the denial, conditional approval or revocation of a demonstration permit may be made to the City Manager in writing, and shall include a statement of the basis for the objection to the denial, conditional approval or revocation. 9 301156254 v11 b. The City Manager shall make a decision on appeal expeditiously and, if practicable, at least three (3) business days prior to the date the demonstration is planned to commence, and shall explain in writing the reasons for the decision. 3.5. Permit Conditions and Limits. All events are subject to the following conditions and limits: 3.5.1. Excluded Areas and Prohibited Items. a. No events may take place in Sixth Street, between City Hall and the East Market Street Parking Garage. This area must remain open to vehicular traffic at all times, and shall not be closed in connection with any event. b. No event may be held in the area under the Belmont Bridge. c. No event will be scheduled to take place in Central Place, on the Downtown Pedestrian Mall, during any hours in which the use of that area is restricted pursuant to sections 3.5.6 or 3.5.7 of these regulations. d. No event shall utilize any area on the Downtown Mall in a manner that will impede ingress or egress of any business or in an area that is already designated as assigned/unassigned vendor space, assigned cafe space or within any required fire lane areas, unless permission is otherwise provided by the Zoning Administrator in writing. e. No events may take place within the Pavilion or the area surrounding the First Amendment Monument during any time when the Pavilion or Monument is subject to exclusive use by CEDA’s tenant under the Pavilion lease dated September 20, 2004 or the City’s lease with the Thomas Jefferson Center for Freedom of Expression. f. No events can be scheduled to take place in Emancipation Park before 1 p.m. on Sundays. g. Prohibited items are excluded from all events. 3.5.2. Street Closings. a. No City street may be closed for any event, unless done so pursuant to a street closure permit applied for by the event sponsor and issued by the City Manager pursuant to sec. 28-5 of the City Code. No such permit shall be granted unless the City Traffic Engineer or Chief of Police determines that such closure is reasonably required due to the location of the event and: 1. Such closing is necessary because the event will impede or pose a reasonable risk of harm to traffic and/or pedestrian travel, or, if not strictly necessary, such a closing would not be unduly injurious to public safety convenience. (Requests for a street closing in the Downtown Area shall be presumed unduly injurious to public convenience if proposed to include any time between the hours of 7:00-9:00 a.m. or 4:00-5:30 p.m. Monday-Friday); and, 10 301156254 v11 2. If the street in question is an extension of the state highway system, adequate provision can be made to detour through traffic during the event. (C.Ref. City Code 28-5: Temporary Street Closings, Generally; State Code 15.2-2013), and 3. The sponsor permitted to use public right(s)-of-way being closed will furnish a public liability and property damage insurance contract, as required by Va. Code §15.2-2013 and §3.5.4 of these regulations. b. No street may be closed for an event except on a temporary basis, not to exceed 48 hours in duration; provided that the City Manager may direct the closing of 2nd Street and / or 4th Street or portions thereof, between Market Street and Water Street, for a longer period. (C.Ref. City Code 28-5). c. Even if not requested by a sponsor, if the circumstances of a proposed event are such that a street closing is necessitated because the event will likely impede or pose a threat to vehicular or pedestrian travel then the City will require a permit and a street closing in connection with the event, along with all application fees applicable thereto, and may require that the event be held at an alternate site, if a suitable alternate site is available where the event is not likely to impede or pose a threat to vehicular or pedestrian travel. d. Upon approval of a street closing in connection with an event, the sponsor shall be issued a street closure permit by the City’s Traffic Engineer. This permit shall be displayed in a prominent place during the event. e. During the conduct of an event, the sponsor of that event shall comply immediately with the lawful request of any police officer, firefighter, rescue service person, or city employee, made for public safety or other emergency reasons, to move any structure or persons from a street which has been closed in connection with that event. f. Notwithstanding any of these provisions, the City Traffic Engineer may close any street for a neighborhood-based gathering when (i) 1 block or less is to be closed, (ii) there is an alternative for all traffic, (iii) reasonable advance notice of the closure is given by posting signs at either end of the block, and (iv) the Traffic Engineer believes that there are no safety issues. In these cases, no event permit is required and applicants shall be referred to the Traffic Engineer for street closure permits. 3.5.3. No Impediments to Public Access. During any street closure, all City ordinances and State statutes limiting the use or obstruction of fire lanes, access to Fire Department fire suppression system connections and fire hydrants, emergency routes, and pedestrian walkways must be observed at all times. No person(s) or group(s) participating in an event shall block any entrances to or exits from City buildings, nor shall such person(s) or group(s) interfere with the use of City buildings or facilities by non-participating persons for their ordinary purposes, whether by impeding access, impeding egress using fire exits and routes, creating unreasonable noise or otherwise. 3.5.4. Indemnification and Insurance. 11 301156254 v11 a. Sponsors of events for which a permit is required shall be required to indemnify and hold harmless the City, its officials, employees and agents from any personal injury, death and damages to property, and any other loss, cost and/or damage occurring as a result of the actions or inactions of the event’s sponsor, or the sponsor’s failure to comply with these regulations. b. Where the event is proposed to take place within the Pavilion the sponsor shall also be required to indemnify and hold harmless CEDA and CEDA’s tenant Pavilion lease dated September 20, 2004. c. The sponsor(s) will accept the reserved area as-is, and the City does not warrant that any public area(s) are suitable for the activities to be conducted as part of the event. The event sponsor(s) shall be solely responsible for any damages or injuries resulting to any person or property arising out of the sponsor(s)’ use of City property for the event, and the sponsor(s)’ failure to obtain any required public liability insurance for the event is at the sponsor(s)’ sole risk. The City expressly reserves all sovereign and governmental immunity to which it, and its officers, officials and employees may be entitled to under the laws of the Commonwealth of Virginia. d. Insurance or Other Liability Contract. The sponsor of an event shall furnish a general liability and property damage insurance contract insuring the Sponsor’s liability for personal injury and death and damages to property resulting from its use of public property. If alcohol is to be served or sold in connection with the event, then the required insurance shall cover liability specifically in connection with that activity. The required general liability and property damage insurance shall be provided in an amount not less than $1,000,000, and the insurance policy shall name the City (including is officers, officials, employees and agents) and or CEDA /CEDA’s Tenant (for events approved to take place in the Pavilion), as an additional insured party to the insurance contract. Failure to provide required insurance, and reasonable documentation of the insurance, will be grounds for denial and/or revocation of a permit. 1. Prior to commencement of the event, the Sponsor must provide the City with an insurance certificate that verifies the insurance coverage required by these regulations. 2. This insurance requirement may be waived, in whole or in part, by the Director of Parks and Recreation for events that do not (i) pose a high level of liability risk to the City or a material risk to public safety, and (ii) do not involve any inherently dangerous activity. A written request to waive or modify any insurance requirement must be made by the sponsor at the time a permit application is submitted. An approval or denial of the request will be made in writing to the event sponsor by the Director of Parks and Recreation. e. The sponsor of an event for, or in connection with, which any type of royalty(ies) are required to be paid must agree to pay all such royalties (including, without limitation, any which may be due to ASCAP and BMI) and to indemnify and hold the City harmless from and against any and all royalty payments sought from the City. 12 301156254 v11 3.5.5. Limited Duration. No event shall be authorized for a duration in excess of the time periods set out below, and no street closing shall be authorized for a duration in excess of 48 hours. Provided, however, that the stated periods will be extended, upon request no later than 24 hours prior to the expiration of the then-authorized duration for demonstrations only up to the following periods, unless another application requests use of the particular area and said application precludes double occupancy: (a) Pen Park and McIntire Park, 7 days; (b) Emancipation Park, 3 days; (c) Pavilion: 2 days; and (d) All other parks: 1 day. 3.5.6. Time of Day Restrictions. a. No event shall be permitted in any park or the Pavilion during hours that park is otherwise closed to the public, except that activities may be permitted in McIntire Park through 12:00 midnight. (C.Ref. 18-1 City Code: hours for Remaining in City Parks or recreation facilities). b. No community event or event shall be scheduled to take place in Emancipation Park before 1:00 p.m. on any Sunday. c. No event shall be permitted in the Pavilion during the hours of [10 p.m. and 7 a.m.] or during any hours that such area is reserved for exclusive use by CEDA’s Tenant under the Pavilion lease dated September 20, 2004, or in the area surrounding the First Amendment Monument during any hours that such area is reserved for use by or through the Thomas Jefferson Center for Freedom of Expression. 3.5.7. Sound Amplification. a. As stated in the City Code, the restrictions in the City Code with respect to sound amplification do not apply to community events or events that have received a permit from the City Manager. The City Manager may therefore approve a request in the permit application for the use of sound amplification equipment in connection with the permitted event. The City Manager may reasonably limit the sound amplification equipment so that it will not unreasonably disturb nonparticipating persons in, or in the vicinity of, the area of an event and/or so that it will not unreasonably interfere with the conduct of another event, or an outdoor business enterprise such as a sidewalk cafe, in the vicinity of the area. Sound levels unless otherwise waived or modified by the City Manager shall not exceed the following: Event Location Maximum Decibel Level City Park 70 at property line Downtown Mall 75 at a distance of 10 feet Other location 70 at a distance of 10 feet b. No amplified sound shall be generated by or in connection with an event in the Pavilion after 10:00 p.m. c. No amplified sound shall be generated in or from the Pavilion area before 4:30 p.m. Monday through Friday; except that sound checks required for an event 13 301156254 v11 scheduled to begin at 5:00 p.m. may be conducted any time after 4:00 p.m. Monday through Friday. d. For dates established by the City Manager Office as “Global Music Heritage Nights” there should be no restriction on acoustic, non-amplified music during the hours of 5:00 p.m. – 9:00 p.m. 3.5.8. Sales or Distribution of Merchandise/Information. a. When the sale or display of merchandise, or the distribution or display of educational, informational or other materials (including the distribution of non- commercial printed materials) is to be done in or upon City streets or parks with the aid of a table, stand or structure, no such table, stand or structure shall exceed 4 ft. x 4 ft. or 2 ft. x 8 ft. b. Whether or not a permit is required, the sale, display or distribution of merchandise or other materials, and the solicitation of contributions or donations, is prohibited in the following areas: (1) any location that would impede access to the entrance of any adjacent building or driveway; (2) any location such that the sale or distribution activity would occupy more than half the available sidewalk width, or four feet of sidewalk width, whichever is less; (3) within 10 feet of a fire hydrant, a public telephone, a fire escape, the driveway of a fire or police station, the driveway of any hospital, a bus stop or a loading zone; (4) within the portion of any street intended for the use of motor vehicles which has not been temporarily closed for or in connection with the demonstration or special event; (5) within any lanes adjacent to the Downtown Mall reserved for use by fire and emergency vehicles; (6) if done with the aid of a table, stand or structure: within any area reserved by a permit issued for an event, if the sponsor of the event has not consented to the presence of the table, stand or structure. All merchandise displays shall conform to the guidelines of the Board of Architectural Review as applicable. c. Persons or organizations engaged in the sale, display or distribution of written or printed materials, and/or the solicitation of donations or contributions, whether or not a permit is required, shall not obstruct or impede pedestrians or vehicles, harass park visitors or the attendees of any event with physical contact, misrepresent the purposes or affiliations of those engaged in the activity, or misrepresent whether written or printed materials being distributed are available without cost or donation. d. No sales or distribution activity may be conducted after 10:00 p.m., except that such activity shall be allowed past 10:00 p.m. in connection with a community event. (C.Ref. City Code 28-120). 3.5.9. Food and Beverage Sales. The sale or distribution of food and/or beverages as part of an event is allowed pursuant to a permit. a. All sales and/or other provision of food and/or beverages must be done in accordance with all licenses, permits and approvals (including, without limitation, those required by the Health Department, the Department of Alcoholic Beverage Control and the City’s Commissioner of Revenue) required by law. If 14 301156254 v11 the sponsor cannot provide documentation to the City that all required licenses or permits have been obtained, that shall be grounds for denial or revocation of the permit for the event. b. The sponsor shall provide the City with a diagram identifying the size and location of any tables, stands, food trucks or mobile food units or other structures to be used for or in connection with the sale of food and beverages. There shall be no sales or distribution of food or beverages in any of the following locations: (1) any location that would impede access to the entrance of a building or driveway; (2) any location such that the sale or distribution activity would occupy more than half the available sidewalk width, or four feet of sidewalk width, whichever is less; (3) within 10 feet of a fire hydrant, a public telephone, a fire escape, the driveway of a fire or police station, the driveway of any hospital, a bus stop or a loading zone (unless the bus stop or loading zone is located in a street temporarily closed in connection with the event); (4) within the portion of any street intended for the use of motor vehicles which has not been temporarily closed for or in connection with the event; (5) within any lanes adjacent to the Downtown Mall reserved for use by tire and emergency vehicles. c. Any person selling or otherwise providing food and/or beverages during an event or community event, within an area reserved pursuant to the permit authorizing that event or community event, must do so with the consent of the sponsor and must have all licenses, permits and approvals required by law. The sponsor controls vendors only within the area designated for the event or community event. d. There shall be no sale or other provision of food or beverages at any event after 10:00 p.m. 3.5.10. Signs and Banners. The use of signs and banners in or upon the City’s streets is prohibited, for or in connection with any event, except: a. Banners will be allowed pursuant to the regulations set forth at 10041 of the City’s Standard Operating Procedures. b. Signs hand-carried by an individual are allowed up to 3 feet by 5 feet in size. If during an event signs, due to their size or collective use by persons, interfere with the public safety personnel’s ability to conduct their duties, such signs can be restricted or banned from the event. c. Signs are allowed on or within any table, stand or other structure at which food, beverages or merchandise is being sold, or at which non-commercial printed material is being distributed, so long as that sign is no larger than two (2) square feet in area and contains no advertising or advertisement. (C.Ref. 28-122 City Code). d. Signs that are attached permanently, or semi-permanently, to stands or vehicles being used for or in connection with authorized recreational activities or events are allowed. 15 301156254 v11 e. No signs or placards shall be tied, fastened, or otherwise attached to or leaned against any City fences, lamp posts or other buildings or structures. No signs or placards shall he placed or set down on the center portion of any sidewalk. (C.Ref. 28-122: Signs on or within stands). 3.5.11. Advertising. Advertising/Advertisement (see definitions set forth in section 3.1.1) by the use of banners, billboards, signs, markers, audio devices, or any other means whatsoever is prohibited in or upon City streets and parks for or in connection with any event. (C.Ref. State Code 15.2-2013). 3.5.12. Temporary Structures. The erection, placement or use of structures of any kind is prohibited, except: a. In connection with permitted events, temporary structures may be permitted provided that notice to the City Manager is provided contemporaneously with the permit application. Examples of temporary structures that may be permitted are as follows: structures erected for the purpose of symbolizing a message, first aid facilities, lost child alerts, shelter for electrical or other sensitive equipment. b. Structures that are being hand-carried are allowed as part of a demonstration. c. Structures that are permitted pursuant to other sections of these regulations are allowed. d. When allowed: (1) structures are not permitted on sidewalk(s) unless they meet the size criteria described in section 3.5.8.a. of these regulations; (2) structures must be erected in such a manner so as not to unreasonably harm park or other public area resources and the sponsor of the event must agree to remove such structures as soon as practicable after the conclusion of the permitted demonstration or special event; (3) structures must be capable of being removed upon 24 hours’ notice and without permanent damage to City lands (with the sponsor being responsible for any non-de minimis costs of remedying any damage arising out of such removal), and shall be secured in such a manner so as not to interfere unreasonably with use of any park area by other permittees authorized under his section; and (4) the Sponsor must comply with section 5-56 of the City Code. Tents are allowed in park areas. e. The City Manager may impose other restrictions upon the use of temporary structures in the interest of protecting park or other public areas and/or traffic and public safety considerations. f. No gasoline powered vehicles or horses will be allowed on the mall during any event or community event. Any “parade” on the Downtown Mall may use only electric vehicles if approved by the City Manager. 3.5.13. Sanitation and Garbage. a. Garbage, trash, rubbish, litter, or any other waste material or waste liquid generated on public property during an event shall be removed from the area by the sponsor of the event, or deposited by the sponsor in receptacles provided for that purpose. The improper disposal of such wastes is prohibited. 16 301156254 v11 b. The sponsor of every event shall be required to pay a fee for cleanup costs, in the amount specified within Appendix A, to cover the anticipated costs to the City of cleaning up the site of the restoring the area in question to its pre-event condition, and disposing of trash and refuse resulting from the event. This fee must be paid in advance. If actual cleanup costs incurred by the City exceed the amount of the Cleanup Fee collected in advance by the City, the sponsor will be billed by the City for the excess. c. A sponsor of any event must arrange for such public restroom facilities as may be required by the Health Department. The City shall bear no responsibility for the cost of providing such facilities, and it shall be the sponsor’s obligation to provide documentation to the City Manager that all restroom facilities required by the Health Department have been arranged. Failure to provide documentation of Health Department approvals prior to an event shall be grounds for denial or revocation of a permit. 3.5.14. Electricity. Sponsors in community events may have the use of City electrical outlets, as needed. Sponsors of events to take place at the Pavilion may use the electrical outlets there for sound amplification in connection with the event; however, sponsors must pay an Electricity Fee to the City, in advance. Other than provided in this paragraph, attendees in events may not have the use of City electrical outlets. 3.5.15. Fireworks Displays; Open Flame. Persons desiring to conduct a pyrotechnic display of fireworks or use open burning or open flame on streets or public lands must obtain a permit from the Chief of the Fire Department as required by § 12-32 (a) (5) of Code. The Chief of the Fire Department may withhold approval of such permit to the extent its issuance would result in a violation of a city ordinance or if it might jeopardize public health, safety or welfare. 3.5.16. Public Safety Personnel. a. No permit will be granted for an event unless adequate security will, in the determination of the City Manager upon consultation with the Police Chief, Fire Chief, or other appropriate public safety official, be available for the welfare and safety of those attending the event and of the general public. 1. General Requirements. (A) Minimum Required Security Officers: (1) Open Events (Admission not restricted by tickets, fees, or otherwise) Where Alcohol is Served or Offered for Sale. Baseline: the sponsor must pay the cost of one police officer to staff the event, regardless of attendance. Where attendance exceeds, or is expected to exceed, 100 people, the sponsor must, in addition, pay the cost of one police officer for every 100 people (or portion thereof) attending or expected to attend. 17 301156254 v11 (2) Closed Events (Admission restricted by tickets, fees or otherwise) Where Alcohol is Served or Offered for Sale. Baseline: the sponsor must pay the cost of two police officers to staff the event, regardless of attendance. Where attendance exceeds, or is expected to exceed, 350 people (or portion thereof), the sponsor must, in addition, pay the cost of one police officer for every 350 people. (3) Events at Which No Alcohol Will Be Served or Offered for Sale (whether open or closed to the general public). Where attendance exceeds, or is expected to exceed, 1000 people, the sponsor must pay the cost of one police officer to staff the event, regardless of attendance. The sponsor must, in addition, pay the cost of one police officer for every 1000 people (or portion thereof) attending or expected to attend. (4) Marathons/Races/Walks. Baseline: The sponsor must pay the cost of one police officer per hour of the race. The sponsor may be required to pay for additional police officers to staff the event, if the Police Chief (or his designee) determines additional police officers to be necessary due to the geographic location of the proposed event, the time of day the event is planned to occur, or other factors related to the safety of attendees or the general public and the efficient flow of traffic and pedestrian travel along the planned route of the event. (5) Additionally, the sponsor shall be required to pay the cost of one traffic/parking control officer for every 1,000 people (or portion thereof) attending the event. (6) Upon a determination by the Chief of Police, or his designee, due to public safety factors such as the size of the crowd, the location or nature of the event, or the anticipated use of structures, sound equipment or items that could during an event become prohibited items, that one or more police vehicles are necessary to assure safe and efficient police coverage of an event, the sponsor must pay a vehicle fee, as specified in Appendix A, for each required vehicle. A sponsor may request, in advance of an event, an estimate of the number of vehicles that may be required; however, if circumstances of the event require the assignment of additional vehicles, the sponsor will be billed, and must pay, the required fee for each vehicle actually deployed. (7) Upon a determination by the Fire Chief, or his designee, due to public safety factors such as the size of the crowd, the location or nature of the event, or the anticipated use 18 301156254 v11 of structures, sound equipment or items that could during an event become prohibited items, that one or more fire vehicles and / or emergency medical services vehicles are necessary to assure safe and efficient fire or emergency coverage of an event, the sponsor must pay a vehicle fee, as specified in Appendix A, for each required vehicle. A sponsor may request, in advance of an event, an estimate of the number of vehicles that may be required; however, if circumstances of the event require the assignment of additional vehicles, the sponsor will be billed, and must pay, the required fee for each vehicle actually deployed for the event. (8) Upon a determination by the Fire Chief, or his designee, that due to public safety factors such as the size of the crowd, the location or nature of the event, or the anticipated use of structures, sound equipment or items that could during an event become prohibited items, one or more firefighters, fire officers or emergency medical services providers are necessary to assure safe and efficient fire and emergency coverage of an event, the Sponsor must pay the cost of those firefighters, fire officers or emergency medical services providers. A Sponsor may request, in advance of an event, an estimate of the number of firefighters/officers that may be required; however, if circumstances of the event require the assignment of additional firefighters/officers, the Sponsor will be billed, and must pay, the required fee for each firefighter/officer actually deployed. (B) Fees and Charges: The fee(s) and charges associated with the above-stated police officer, fire fighter and emergency vehicle requirements are set forth within Appendix A. The costs charged to sponsors for required police, fire and emergency personnel coverage will be the established hourly wage for overtime work for the particular officer(s) willing and available to cover the event. In the event that the City’s actual cost of police, fire, and emergency personnel coverage necessitated if the event exceeds the amount(s) collected in advance as deposits, the sponsor will be billed by the hour for each City officer, fire and emergency personnel utilized to patrol or at the location available to assist the event as needed. (C) Where Admission Fees Will be Charged: The sponsor of an event for which admission fees will be charged shall provide at least two secure access gates, at locations approved by the City’s Police Department. For events to which tickers are sold in advance, the sponsor shall, two days prior to the event, and at any other time reasonably requested by the City, advise the City as to how many tickets have been sold as of the day of the report. This will assist the City in planning for any additional police or 19 301156254 v11 other services which may be necessary in connection with the event. 3.5.17. Facilities Charges. The sponsor of an event to which an admission fee will be charged (by ticket sales or otherwise) shall pay the City a rental fee in the amount specified on Appendix A. These types of events tend to have a greater impact upon the community in general and upon the specific public area reserved for the event. 3.5.18. Carnivals, Circuses and Parades. a. No circus, carnival, or other, similar show shall publish or post in any way within the City, at any time within 15 days prior to the holding of such event within the City, any advertising of the exhibition of the circus, carnival or other similar show. (C.Ref. Va. Code 58.1-3728). b. Any circus, carnival or other, similar show shall obtain the license required by section 14-23 of the City Code before commencing any activity, and shall pay the policing deposit required by section 3-2 of the City Code ($50 per day). c. The sponsor of the circus, carnival, etc. shall pay a fee, as specified on Exhibit A hereto, for the inspection of any amusement rides to be offered as part of the event, and shall pay the tent erection fee(s) required by section 5-57(a) of the City Code. d. Parades requested on the Downtown Mall involving motorized vehicles and floats will not be approved because of difficulty incurred by emergency fleet accessing the Mall from side streets and the potential for these types of parades to further obstruct emergency fleet access. 3.5.19. Other Conditions and Limits. a. A permit may contain additional conditions and limits, consistent with these regulations, as may be warranted by the nature of a particular event, in the interest of protecting park or other city resources, the use of nearby areas by other persons, and other legitimate property and/or public safety concerns. b. Sponsors who request the City to provide special equipment or facilities (e.g., barricades and cones for street closings, tables, chairs, public address systems, fencing, etc.) will be charged a reasonable fee and rental therefore. The appropriate fees shall be identified by the City Manager to the Sponsor following the Sponsor’s request for such items. c. A permit for a demonstration may be subject only to reasonable time, place and manner conditions or limits that: (i) are narrowly tailored to serve the City’s significant interest, and (ii) leave open ample alternative channels for communication of the content of the demonstration. No permit denials, revocations, or modifications, and no time, place, or manner conditions or limits imposed on a demonstration, may be based on the content of the beliefs expressed or anticipated to be expressed during the demonstration, or on factors 20 301156254 v11 such as the attire or appearance of persons participating or expected to participate in a demonstration (except to the extent involving unlawful or prohibited items), nor may such conditions or limits favor special events over demonstrations. With respect to demonstrations, these regulations shall be applied, and the City Manager or his or her designee shall make permitting decisions in compliance with and to further the intent of this section 3.5.19(c). The City Manager may impose such conditions or limits on a demonstration (i) during the permitting approval process, or (ii) during the occurrence of a permitted demonstration if necessary: (A) to ensure that the demonstration meets the stated terms and purposes of these regulations (B) due to the occurrence of circumstances unrelated to the demonstration that were not anticipated at the time of the approval of the permit and that were not caused by demonstration attendees, counter-protestors or City officials, or (C) due to a determination by the Police Chief, the Fire Chief or other appropriate public safety official during the demonstration that there exists an imminent likelihood of violence or other threat to public safety endangering persons or threatening to cause significant property damage. 3.6. Information Collection. The information collected under these regulations will be used to provide notification to the City Parks and Recreation Staff, the City Police, and the City’s Department of Public Works of the plans of sponsors of large-scale events in order to assist in the provision of security and logistical support. 3.7. Community Events. Except as expressly stated, community events shall be conducted in accordance with all the conditions and limits on events specified in section 3.5 above. Except as specified below, the sponsor of a community event shall pay the fees and deposits specified in these regulations and required by the City Code. Community Events include the following: 3.7.1. City Market. a. The City Market is conducted on Saturdays (in the Water Street Parking Lot), April through October. The Wednesday Market (produce only) is conducted from May through September in Meade Park. The City Holiday Market is also conducted on Fridays and Saturdays in November and December, at the east end of the downtown Mall and / or on the City owned public parking lot on Water Street, or at such other locations as may be leased by the City for the purpose of conducting the City Markets. b. The City Market shall be an event during which persons desiring to offer farm produce, foodstuffs, art work or handicrafts grown or produced by him, members of his family or farm laborers employed by him upon property owned or leased by him may have an opportunity to offer their products for sale to the public. It is governed by a set of regulations. 3.7.2. Dogwood Festival Events. The Dogwood Carnival and Festival usually takes place during a two-week period in April, in McIntire Park. The Dogwood Parade usually takes place on a Saturday in April, on designated streets in the Downtown area. 3.7.3. July 4th Fireworks Events. 21 301156254 v11 July 4th Fireworks annual celebration events take place in McIntire Park West (event games, food and viewing) and the McIntire Golf Course (shooting of fireworks). 3.7.4. First Night. First Night Charlottesville takes place in the Pavilion and Central Place on the Downtown Mall and in the Carver and Herman Key Recreation Centers on December 31 each year. 3.7.5. Festival of the Photograph. Annual photo festival coordinated on the Downtown Mall and other locations throughout the Community in June of each year. 3.7.6. Virginia Film Festival. Conducted in November of each year at various locations throughout the City. 3.7.7. Fridays After Five. Fridays After Five takes place within the designated leased area at the Charlottesville Pavilion and east end of the downtown mall on Fridays from 5-9 pm from April 1 through October 31. APPROVED: City Manager DATE: Amended April 10, 2001 Amended February 6, 2003 Amended February 17, 2004 Amended May 5, 2005 Amended July ___, 2006 Amended December 27, 2006 Amended July 31, 2008 Amended December 1, 2009 Amended ____________, 2017 22 301156254 v11 APPENDIX A 1 1. Permit Application Fee, pay upon application $ 25 (non-refundable) 2. Street Closing Fee, pay upon application $ 50 Deposit - All but $10 refundable if event canceled in advance Public Space Rent, Events to which entry is limited by tickets or admission fees: 0 - 1000 attendees: $ 50 1001-1999 attendees: $100 2000-2099 attendees $150 3,000 attendees, and up $500 $100.00 due with application. Remainder of Space Rent to be submitted to the City within five (5) calendar days following conclusion of the event, along with documentation of total ticket sales or attendance count. City may monitor attendance to verify attendance numbers. Security Deposit, for use of Park Areas. $300.00 Advance Deposit - Due with application - All but $50 refundable if event canceled 24 hours in advance 3. Cleanup Fee - Closed Events (Admissions limited by tickets or fees) $300 Advance Deposit Refundable if Event canceled in advance Other Events $100 Advance Deposit Refundable if Event canceled in advance - Deposits due with application 4. Police Security and Fire/EMS Personnel $50 per required Officer, Advance Deposit Refundable up to 24 hours prior to Event - Deposit due with application - For ticketed events, where tickets are sold in advance: additional $50 deposit required per required officer, as calculated based on tickets sold as of 48 hours prior to event. Additional deposit due 24 hours in advance of event. - Sponsor will be billed per hour for each officer actually utilized (based on police / fire estimates of actual attendance and/or circumstances of the event and based on the regular hourly rates or salaries for the police / fire personnel utilized.) - Hourly rates: Sponsor will be billed the higher of: (i) $30 per hour, or (ii) the established hourly wage for overtime work, or (iii) the special event flat rate for FLSA-exempt employees, as may apply for each of the particular officer(s) willing and available to cover the event, for each officer actually utilized, plus an administrative fee in the amount of ten percent (10%) of the total amount of the bill. - Police Vehicle Fee: Sponsor will be billed $25 per required police vehicle, per event. 23 - Fire Vehicle Fee: Sponsor will be billed $25 per required fire vehicle, per event. 65. Electricity Fee $50 Advance Deposit - $50 Deposit covers 4 hours of use. Sponsor will be billed $10 per hour for each additional hour of actual usage. 76. Inspection of Amusement Rides $ 25 Fee - Payable upon Application 87. Tent Erection Fees $ 25 Fee - Payable upon Application 98. “No Parking” Signs $1.00 each 10 Public Works/Facilities Management $100 Advance Deposit 9. - (City electricians, water/sewer access to City utility facilities) - $100 deposit covers 2 man hours. Sponsor will be billed $50 per man hour for each additional hour of work that is provided. 24 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 20, 2018 Action Requested: Public Hearing and Ordinance (1st reading) Presenter: Matthew Alfele, Planner, NDS Staff Contacts: Matthew Alfele, Planner, NDS Lisa Robertson, Acting City Attorney Title: Conveyance of Portion of Ridge Street Right-of-Way for William Taylor Plaza Project Background: Cherry Avenue Investments, LLC acquired several City-owned parcels of land on Cherry Avenue and Ridge Street in December of 2014, and the City approved its development as the William Taylor Plaza Planned Unit Development. On the Ridge Street side of the project, the developers have submitted a site plan allowing for construction of a multifamily residential building (Phase II), but some of the improvements recommended by the Board of Architectural Review (landscape planters and border wall) will encroach into the Ridge Street right-of-way. Discussion: Attached is an Exhibit showing the area of Ridge Street the developer, Cherry Avenue Investments, would like to acquire (approximately 1,283 square feet, shown as a dark shaded area) in order to avoid having privately owned structures in the public right-of-way. At its widest point, 8.8 feet of the Ridge Street right-of-way would be affected, and it is all located behind the existing City sidewalk. The general policy is to approve design plans that do not have privately owned improvements in the public right-of-way. Conveyance of this land would allow the developer to build the landscaping infrastructure recommended by the BAR, thereby significantly improving the design of the project. There are no public utility lines located in the area to be conveyed. Ironically, most of the subject area was conveyed to the City by the developer in 2016, when the original site plan called for an 8’ wide sidewalk. Rather than have the public sidewalk on private property, the developer agreed to dedicate it back to the City as additional Ridge Street right-of-way. The final site plan required a 6’ wide sidewalk, which is now part of the constructed improvements. Alignment with City Council’s Vision and Strategic Plan: Council approval of this conveyance of land is consistent with Council’s vision for Quality Housing Opportunities for All, and complies with Goal 3.1 of the strategic Plan (Engage in Robust and Context Sensitive Urban Planning and Implementation). Community Engagement: A public hearing is scheduled (as required by law) to give the public an opportunity to comment on the conveyance of City-owned land. Budgetary Impact: Staff does not believe it is appropriate to charge the developer fair market value for any of the land that was dedicated to the City in 2016. The right-of-way that was not part of the original dedication (498 square feet) carries a value of $5,300, and the developer is willing to pay this amount. Recommendation: Staff’s recommendation is to approve the conveyance of the Ridge Street right-of-way to Cherry Avenue Investments, LLC, as shown on the attached Exhibit. The City Engineer has no objection to the conveyance, and the Planning staff believe the improved design will visually enhance the project appearance along Ridge Street. The City Attorney’s Office fully supports this conveyance of land, with the understanding that recordation of the deed will be conditioned upon final site plan approval. Alternatives: An alternative to conveyance is to have an Encroachment Agreement between the City and the developer, allowing the landscaping infrastructure to encroach into the public right-of-way. We do not recommend this approach because of liability issues and because it doesn’t comply with our general policy of keeping private structures out of the public right-of-way. Attachments: Request Letter Additional background memo from NDS/Planning Proposed Ordinance Exhibit LAW OFFICES MCCALLUM 8 KUDRAVETZ, P.C. 250 EAST H!GH STREET CHARLOTTESVILLE. VA 22902 (434) 293-8191 WWW.MKPC.COM GEORGE B. MCCALLUM. 111 OF COUNSEL DAVID W_ KU ORAVETZ JOSEPH W. RICHMOND. JR. ROGER D. WJLLIAMS JANE Cl!AMPJON CLARKE MOLLY B_f_ WALLS KATHY DONOVAN ABELL February 7, 2018 RlCHARD G. RASMUSSEN, lll STACIE 1-L REID. CPA CHARRON H. MONTGOMERY SETH F. PATES. CPA ERIC D. SMITH JUSTIN A_ RITTER The Honorable Mayor Nikuyah Walker The Honorable Charlottesville City Council Members 605 East Main Street Charlottesville, VA 22902 Re: William Taylor Plaza PUD, Phase II, Ridge Street The Honorable Mayor Walker and Members of City Council: Cherry Avenue Investments, LLC is the current record owner of the above-referenced Phase II property located on the north side of Ridge Street. We represent the contract purchaser from Cherry Avenue Investments, LLC on this Phase II property, whose site plan for the planned multifamily residential building is nearly final. The Site Plan contemplates certain items (landscaping, sidewalks, and landscaping planter walls as recommended by the City BAR) extending a short distance into a narrow portion of the current Ridge Street right-of-way. After discussions with the City Attorney and in order to avoid any "encroachment" of such items into the public right-of-way, it seems prudent to have the affected narrow portion of the current Ridge Street right-of-way transferred by the City to the property owner. This affected portion is shown on the attached Right-Of-Way Acquisition Exhibit (the "Exhibit") as a dark gray strip of land, containing a total of approximately 1,283 sq. ft. along the northwestern boundary of Ridge Street. Interestingly, in 2016 as part of this project, the property owner previously dedicated to the City a strip ofland containing approximately 1,873 sq. ft. along such northwestern boundary of Ridge Street. As shown on the Exhibit, only approximately 498 sq. ft. of the new 1,283 sq. ft. proposed to be conveyed was not included in the actual area dedicated to the City in 2016. We understand the City Assessor places a value of $5,300 on this 498 sq. ft. strip of land. The property owner is agreeable to payment of this sum to the City when the conveyance can be finalized. For the above reasons, we respectfully request the Council's consideration and approval of the proposed conveyance of the described approximately 1,283 sq. ft. narrow portion of the Ridge Street right-of-way along its northwestern boundary with the subject property. February 7, 2018 Page 2 Thank you for your consideration of this request. Should there be any additional information which would be helpful, please let us know. v72::£l~~ Roger D. Williams /jmb Enclosure cc: Trey Steigman Vice President, Development Management Services Corporation Cherry Avenue Investments, LLC c/o Southern Development Attn: Charlie Armstrong Memorandum TO: Lisa Robertson, Chief Deputy City Attorney Maurice Jones, City Manager Alex Ikefuna, NDS Director FROM: Matt Alfele, City Planner DATE: January 5, 2018 RE: William Taylor Plaza Planned Unit Development (PUD) Ridge Street Sidewalk and Encroachment This memo is responding to the email dated January 4, 2018 from Lisa Robertson regarding the events leading up to a request by the developer of William Taylor Plaza Phase II to encroach in the ity’s right-of-way. Please see the below timeline:  July 20, 2015: City Council passed an amendment to William Taylor Plaza PUD that included a new PUD Development Plan (in accordance with Sec. 34-517) and Proffer statement. Proffer #5 states the developer is responsible for constructing sidewalks with minimum widths of 6 feet along Ridge Street and Cherry Avenue. o Proffer 5. Sidewalks with a minimum width of 6 feet will be provided along the Ridge Street and Cherry Avenue road frontage in order to enhance the pedestrian environment. Where possible, 8 foot wide sidewalks will be provided. Sidewalk widths shall be as shown on the PUD Development Plan.  April 12, 2016: A Minor Subdivision and Boundary Line Adjustment was approved to consolidate lots along Cherry Avenue and create new lots for the Arboretum and parking area. As part of this subdivision, the developer dedicated land along Ridge Street to the City. Although it was never stated in the application, it appears this dedication was for a City sidewalk.  June 20, 2016:A final Site Plan for William Taylor Plaza Phase I was approved. The approved plan indicated an 8’ sidewalk along Ridge Street. !t this time, no plans were submitted for a Phase II development and two of the three lots (Lot 3 and Lot 4) that Page 1 of 3 could accommodate a future Phase II abutted the approved sidewalk.  January 17, 2017: William Taylor Plaza Phase II received a Certificate of Appropriateness (COA) from the Board of Architectural Review (BAR). From the BAR action memo dated January 17, 2017; it indicates this COA was for landscaping along Ridge Street and the Corten wall. As listed in the approval for the COA, BAR asked for a 6’ sidewalk instead of an 8’ one (as that was what was approved). ut it is also my understanding the materials BAR reviewed did not indicate the location of property lines along Ridge Street. Without this information they most likely inferred the property lines were located at back of sidewalk and the proposed Corten walls would be located on private property, but I cannot speak to BAR’s intentions. At the end of the day, BAR issued a O! for a plan that included 6’ sidewalks and Corten walls located in City ROW.  August 2, 2017: A Site Plan Amendment for William Taylor Plaza Phase I was approved. This amendment was requested by the developer in order comply with !R’s actions of January 17, 2017. !lthough !R’s actions were for Phase II, the sidewalk on Ridge is part of the Phase I development. !s a 6’ sidewalk is the minimum required by Proffer #5, staff approved the change. As you can see from the plan, the change from an 8’ sidewalk to a 6’ sidewalk creates additional room for the Corten walls to encroach into City ROW.  October 26, 2017: A Final Site Plan for William Taylor Plaza Phase II was submitted (September 13, 2017) and a comment letter was sent to the applicant on October 26, 2017. Within that letter Planning pointed out that all privately owned and maintained structures must be removed from the ity’s ROW. Page 2 of 3 o (from the Comment Letter Dated October 26, 2017) SP4: All privately maintained landscape features need to be removed from the City’s ROW. If you wish to pursue approval of privately maintained landscape features in the City’s ROW, you will need approval from City Council. This request must be filed through the City !ttorney’s office. As you can see from the above timeline the applicant is currently pursuing an encroachment agreement to place landscaping and a Corten wall in City ROW between back of sidewalk and the property line. At no time during this history of this project did an 8’ or 6’ sidewalk encroach onto private land. As seen recently with the land swap on Cleveland Avenue, staff would prefer all City maintained infrastructure be in the ROW and all private structures be on private land, eliminating the need for maintenance agreements. One thing that should be noted is even with the dedication from April 2016, lot #2 never extended to back of sidewalk. Staff believes City Council can grant an encroachment, return a portion of land that was dedicated in April 2016 (to back of sidewalk), require the developer to buy ROW, or a combination. Page 3 of 3 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CITY-OWNED RIGHT-OF-WAY ON RIDGE STREET TO CHERRY AVENUE INVESTMENTS, LLC FOR THE WILLIAM TAYLOR PLAZA PROJECT WHEREAS, Cherry Avenue Investments, LLC, the owner of property designated as Parcels 146, 147 and 149 on City Real Estate Tax Map 29 (William Taylor Plaza), wishes to acquire a certain portion of the Ridge Street right-of-way owned by the City, said right-of-way being shown on the attached Exhibit dated January 29, 2018; and WHEREAS, in accordance with Virginia Code Sec. 15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the proposed conveyance of City-owned land as requested by Cherry Avenue Investments, LLC; and WHEREAS, staff of the Departments of Neighborhood Development Services and Public Utilities have reviewed the proposed conveyance and have no objection thereto; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is authorized to execute a deed of quitclaim, in form approved by the City Attorney, for certain City- owned right-of-way on Ridge Street, approximately 1,283 square feet in area, adjacent to Parcels 146, 147 and 149 on City Tax Map 29, being shown on the attached Exhibit dated January 29, 2018. The City Attorney is hereby authorized to take whatever steps are necessary to effect the closing of said property conveyance; provided however, that the obligation to close on the conveyance shall be conditioned upon final approval of the site plan for Phase 2 of William Taylor Plaza PUD. ,~, ~ I I I I i I 0 "' 0 "' 0 0 "'.... ,II • I '' I RIGHT-OF-WAY ACQUISITION EXHIBIT FOR Dominion PHASE20F Engineering WILLIAM TAYLOR PLAZA PUD 172 5-0Uth Fontop:; On<..e CITY OF CHARLOTTESVILLE, VA Ck>i1olte5vill:, VA2-WI I 434.979.lll21 (pl Cl DATE: REVISION: DRAWN BY: SHEET: 434.979.lbfll (f) d 8   "+   ! # ##  +   / ))           0 1    ,  #*   #* - 2 2 + 34 56$7$ / 0 + #   !  889 :, / "#   #+  "#      )#  "+  0#)$8$ $%$%&$ Page 11 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14 3   : 8) / 1*  2 7 # "88    # #+  ,   -.+  #  ' '  ( ) &? ) >'-    * / /-=&399 234356& 263643&9566    + ! $-&$ .  / :        ; ) 8 ! # ##  +   :  * <9 , - 2 :  8/ )   #  +8/ # +#    @   +# * #++        8 !/ #!+  # 8 +8/  0# # #+ +8/  8/ )#)  #+  "#  / "#  +8  0#)$8$ $%$%&$ Page 12 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14 6   =, 8, :#  *   + ! $-&$ .<?#   #+ A =$75&$6$5,     !   / 0A              #+     # #+  ,   -.+ 0 ##  #  '#  # 0 #=# B$-3&&   *#>?  3$&57%& %   *#! * 3@5&6%   *#( ?  3>5&67$%   *#  ,  3% 5$&6 % 8, :/ : 34 56$7$    #    + +   #8   #* + #+*! /   #- !5  ##  #  #    ) /?  ) ? ,8, : A  #+  C0 +0 #5 #* 0#)$8$ $%$%&$ Page 13 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14    =, 8, :# :   + ! $-&$ .<?#   #+ A =$75&$6$5,     !   / 0A              #+     # #+  ,   -.+ 0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?,  $&&&59  #     #  +   + ## #)D## B-$&$  + !*/ * <# * G 0 + #+   # . ##  F F E $66 &3$ $ B-$&$ 7 # 8 8    -  # /  )   H+ 8 $66 -   # $I '     $&&&59 6     #- B63 <# * G 0 + #+   # . ##  F F E $66 &9& $ B63  $&&&5&6  0 !   #  +   + ## #)D## B63  + !*/ * <# * G 0 + #+   # . ##  F F E  693 $ B63  ' )#  !# !#  8  $&&&5&6  0 !   #  +   + ## #)D## B63  + !*/ * <# * G 0 + #+   # . ##  F F E  693 $ B63 0 !   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M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8  $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8  #+  C0 +0 #5" #  0#)38& $%$%&$ Page 16 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8  $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  9$$$95$9 L &MF$&M  :  B6& <# * G 0 + #+   # . ##  F F E $$& &9 $ B36 "   $$& F 9 F $ E B$6$  H    '## #+   9$$$95$9 L &MF$&M  :  B36 <# * G 0 + #+   # . ##  F F E $$& &9 $ B36  H    '## #+   #+  C0 +0 #5" #  0#)68& $%$%&$ Page 17 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   &59  %M7* >#  B6& <# * G 0 + #+   # . ##  F F E 36 $& $ B6&  '#8F  ) */#+  )  ' )5  # #+   &59  %M7* >#  B& <# * G 0 + #+   # . ##  F F E 36 $& $ B6& "   36 F 3$ F $ E B$$96  '#8F  ) */#+  )  ' )5  # #+   9$$5$  $%M +-  # # -#& ) 0#  -= *    B&$9 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E 3 6$ $ B$ "   3 F & F $ E B33$  '##  ## 8=  !#   9$$5$ $6  J&6- B$6 <# * G 0 + #+   # . ##  F F E & 9 $ B$6  9$$5$  $%M +-  # # -#& ) 0#  -= *    B&$9 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E 3 6$ $ B$ "   3 F & F $ E B33$ =  !#   9$$5$ $6  J&6- B <# * G 0 + #+   # . ##  F F E  9 $ B  9$$5$  $%M +-  # # -#& ) 0#  -= *    B$66 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E  6$ $ B "   $9 F & F $ E B$66  '#8'+  !  A38 8   '##8 # )#   $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!   $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!   #+  C0 +0 #5" #  0#)8& $%$%&$ Page 18 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!   $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!   &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    #+  C0 +0 #5" #  0#)98& $%$%&$ Page 19 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&6$356 ,    )#1 +  #+  . ) #  #*2" #3 4 B$ <# * G 0 + #+   # . ##  F F E $ $&&& $ B$3&9 "   $ F &3$ F $ E B&$&  '## 5  ## 88#+  &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   #+  C0 +0 #5" #  0#)8& $%$%&$ Page 20 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8  +  #>#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8  +  #>#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8  +  #>#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8  +  #>#     #+  C0 +0 #5" #  0#)8& $%$%&$ Page 21 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '## #+  8F # 8# !#   &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '## #+  8F # 8#  &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '## #+  8F # 8#  &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '## #+  8F # 8#  &33$35$ , &6MF$9M  ,))+ #   )   ,F # 7  B96 <# * G 0 + #+   # . ##  F F E $ 9 $ B3& "   $ F $&$6 F $ E B$3$  '## #+  8   )   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#   #+  C0 +0 #5" #  0#)8& $%$%&$ Page 22 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D >?   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#  %. ## 8/ . :)>?  3$&57%& % ! *  $&&&5$  ,+ + #   #  +   + ## #)D## B339  + !*/ * <# * G 0 + #+   # . ##  F F E  66 $ B339 ,+ + # #F  )+ +##  + #  #   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E  $ $ B # )/ #  #%! 8   +%   #  +#   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $$5$ , ##G 5  >  G B$-&$6 <# * G 0 + #+   # . ##  F F E $ 6$6 $ B$-&$6 #+#8  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B&9   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E & && $ B96 "   & F  F $ E B$&93 =# *  '#% (./'# *  $&&5 ,     # - 21  156$954 B66$ <# * G 0 + #+   # . ##  F F E & 3$ $ B93 "   & F  F $ E B$3   # 8 /   # #8F )  $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B3 >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E & $$36 $ B3&6$ "   & F &96 F $ E B6  '#%#. ## 8? + #!   #+  C0 +0 #5" #  0#)$8& $%$%&$ Page 23 of 45 EXHIBIT B CONTRACT No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age 24 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D . :)! * 3@5&6% ( ?   $&&&59  #     #  +   + ## #)D## B66  + !*/ * <# * G 0 + #+   # . ##  F F E  &3$ $ B66   88 # ) !#  8 # + /#  $&&&5&6  0 !   #  +   + ## #)D## B63  + !*/ * <# * G 0 + #+   # . ##  F F E  693 $ B63 0 ! 8   ' )# 8# !#   $&&&56  .' )# ),)   + # * #  + # ' )#  * B$-3 )  ) @       +# 8 # ' + <# * G 0 + #+   # . ##  F F E $9  $ B$-3  +  #)   ' 8*# '  # # '#88 # ) ##  $6&35&$ 1  )+#88 )J$6C&C    -#  )-, +-2C K B66$ CL)+ 4 <# * G 0 + #+   # . ##  F F E $ 69 $ B66$  )+#888  */#8      $6&35&9 ,  )+#88 ). #, +  #"  #  )  ,#+ +#88- B39 J$6C&C <# * G 0 + #+   # . ##  F F E & 633 $ B39 , + #  # +#88   $6&3539  3%6M"7 #0*/5  # *L ! B&6 <# * G 0 + #+   # . ##  F F E 3 $ $ B& "   3 F 3& F $ E B$3$  '#8F  )!8  !#  #  ## 8/   $9$95&  9? 0# +  )-    B39 <# * G 0 + #+   # . ##  F F E & $ $ B39 # +8  !#    $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B3$     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B3$ # )/ #  #%! 8   +%   #  +#   #+  C0 +0 #5" #  0#)$&8& $%$%&$ Page 25 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D ( ?    $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !    $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8   $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *   9$9335$  %M"7 #0*/  "+ )  8  H   B6 <# * G 0 + #+   # . ##  F F E 3 $9 $ B9& "   & F 3& F $ E B&6 0*/8 !#  8   '## #+  #  '#8! #*/  +    &59  %M7* >#  B96$ <# * G 0 + #+   # . ##  F F E 3& $& $ B6 "   3& F 3$ F $ E B$$3& "# #) */#  '## #+   3$35&  L #MFM?    .+)#O +# -)#O B3$  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E  99 $ B "   3 F $& F $ E B3$ " 8     9$3$35& L 6M ) -$%M= *0# +>#-  B36$ <# * G 0 + #+   # . ##  F F E $ &$ $ B36$ >#8 !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$ 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E 3 6$ $ B$ =  !#   9$$5$ $6  J&6- B$6 <# * G 0 + #+   # . ##  F F E & 9 $ B$6  #+  C0 +0 #5" #  0#)$38& $%$%&$ Page 26 of 45 EXHIBIT B CONTRACT No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age 27 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D . :)( ?  3>5&67$%  ,   $&&&59  #     #  +   + ## #)D## B$-$  + !*/ * <# * G 0 + #+   # . ##  F F E & &3$ $ B$-$ 7 # 8 8    -  # /  )   H+ 8 &   $&&&59 6     #- B9 <# * G 0 + #+   # . ##  F F E & &9& $ B9  $&&&5&6  0 !   #  +   + ## #)D## B63  + !*/ * <# * G 0 + #+   # . ##  F F E  693 $ B63 0 !   ' )#  !#  $&&&5&6  0 !   #  +   + ## #)D## B63  + !*/ * <# * G 0 + #+   # . ##  F F E  693 $ B63 0 ! 8  ' )# ) !##   )=+8/   $&&&35$69 1 & $- ?0 #! + !! B3633 <# * G 0 + #+   # . ##  F F E $ 36 $ B3633  + !! 8  #!#   #+## @# *  $6&3539  3%6M"7 #0*/5  # *L ! B99 <# * G 0 + #+   # . ##  F F E & $ $ B3 "   & F 3& F $ E B3  '#8F  )!8 #  ## 8/ !#   $6&3539  3%6M"7 #0*/5  # *L ! B99 <# * G 0 + #+   # . ##  F F E & $ $ B3 "   & F 3& F $ E B3  '#8F  )!8 #  ## 8/!#   $6&3539  3%6M"7 #0*/5  # *L ! B$ <# * G 0 + #+   # . ##  F F E 63 $ $ B&6 "   63 F 3& F $ E B$63  '#8F  )!8 #  ## 8/  $6&3539  3%6M"7 #0*/5  # *L ! B$ <# * G 0 + #+   # . ##  F F E 63 $ $ B&6 "   63 F 3& F $ E B$63  '#8F  )!8 #  ## 8/  #+  C0 +0 #5" #  0#)$8& $%$%&$ Page 28 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   $6&3539  3%6M"7 #0*/5  # *L ! B$6 <# * G 0 + #+   # . ##  F F E  $ $ B$&3 "    F 3& F $ E B&6  '#8F  )!8 #  ## 8/5>  A$#>#   $6&3539  3%6M"7 #0*/5  # *L ! B99 <# * G 0 + #+   # . ##  F F E & $ $ B3 "   & F 3& F $ E B3  '#8F  )!8  !#  #  ## 8/  $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B&3     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B&3 # )/ #  #%! 8   +%   #  +#   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B&3     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B&3 # )/ #  #%! 8   +%    $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B3$     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B3$ # )/ #  #%! 8   +%   #  +#   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B3$     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B3$ # )/ #  #%! 8   +%   #  +#   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B39     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E & $ $ B39 # )/ #  #%! 8   +%   #  +#   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B3$     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B3$ # )/ #  #%! 8   +%   #  +#   $99$5 N # )?#  #  ' $&C0 N8?#  #0 $&C   ' *- B3$     +# ' ) @ !*/  <# * G 0 + #+   # . ##  F F E $ $ $ B3$ # )/ #  #%! 8   +%   #  +#   #+  C0 +0 #5" #  0#)$98& $%$%&$ Page 29 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $6$5$ , 6N"   24M + "! M.+ ' *8   - B993&  #+ - +5+ - # )-# #85 #O#  #  # <# * G 0 + #+   # . ##  F F E $ 9$$3$ $ B993& "   8  ##  !   $$5$3 , ##G 5/>  G B9&6 <# * G 0 + #+   # . ##  F F E $ &$ $ B9&6 ##8  $$5$3 , ##G 5/>  G B9&6 <# * G 0 + #+   # . ##  F F E $ &$ $ B9&6 ##8  #+  C0 +0 #5" #  0#)$8& $%$%&$ Page 30 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   $$5$3 , ##G 5/>  G B9&6 <# * G 0 + #+   # . ##  F F E $ &$ $ B9&6 #+#8  $$5$6 , ##G 5 >  G B3$3 <# * G 0 + #+   # . ##  F F E $ &$ $ B3$3 #+#8  $$5$ , ##G 5  >  G B$-&$6 <# * G 0 + #+   # . ##  F F E $ 6$6 $ B$-&$6 #+#8  $$5$ , ##G 5  >  G B$-&$6 <# * G 0 + #+   # . ##  F F E $ 6$6 $ B$-&$6 #+#8  $$5$ , ##G 5  >  G B$-&$6 <# * G 0 + #+   # . ##  F F E $ 6$6 $ B$-&$6 #+#8  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  #+  C0 +0 #5" #  0#)$8& $%$%&$ Page 31 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B&9   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E & && $ B96 "   & F  F $ E B$&93 =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  $953& , 3&5$%&M ) F&$M"F3M =# *>#-&" 0 8   /  B39&3   # /8#+8 # - # / 8 # # #/ 8    # / #,F++   <# * G 0 + #+   # . ##  F F E $ && $ B3&& "   $ F  F $ E B93& =# *  '#% (./'# *  &&$35$6 , 6  L)  # -2 4,? -!  ) B$ <# * G 0 + #+   # . ##  F F E $ $3 $ B$ > 8 8 +##   8 ?!#    &5$  * + ! #) B$3$ <# * G 0 + #+   # . ##  F F E  $ $ B$3$ #!  #*# 5 + ! # +  )# #- 8  &5$  * + ! #) B$3$ <# * G 0 + #+   # . ##  F F E 96 $ $ B$3$ #!  #*# 5 + ! # # #  &5$ "N 00,20 #0  + ',@   4?  # #  B$9 <# * G 0 + #+   # . ##  F F E & &$& $ B$9 8     #  + # +    &53 7L "  8+ # % + ! # B93&9 <# * G 0 + #+   # . ##  F F E $ 3 $ B93&9 #  + ! #8 # #)# - #  #*  &53 7L "  8+ # % + ! # B93&9 <# * G 0 + #+   # . ##  F F E $ 3 $ B93&9 #  + ! #8 # #)# - #  #*  #+  C0 +0 #5" #  0#)$8& $%$%&$ Page 32 of 45 EXHIBIT B CONTRACT No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age 33 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   3$35&  L #MFM?    .+)#O +# -)#O B3  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E  99 $ B "   & F $& F $ E B3 " 8     3$35&  L #MFM?    .+)#O +# -)#O B3  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E  99 $ B "   & F $& F $ E B3 " 8     3$35  ? # -  #7 #.+)#O +# -)#O B&66  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E 6  $ B&66    # #  !  3$35  ? # -  #7 #.+)#O +# -)#O B&66  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E 6  $ B&66 ?    # #  !  3$35  ? # -  #7 #.+)#O +# -)#O B&66  +# #)#O+ # +    8  !#+-  8    $&MF$&M-$&MF&6M-  #  O   <# * G 0 + #+   # . ##  F F E 6  $ B&66    # #  !  9$3$35& L 6M ) -$%M= *0# +>#-  B3969 <# * G 0 + #+   # . ##  F F E $9 &$ $ B3969 >#8 !#   9$3$35& L 6M ) -$%M= *0# +>#-  B3969 <# * G 0 + #+   # . ##  F F E $9 &$ $ B3969 >#8 !#   9$3$35& L 6M ) -$%M= *0# +>#-  B3969 <# * G 0 + #+   # . ##  F F E $9 &$ $ B3969 ' *!#8    =  #+  C0 +0 #5" #  0#)&$8& $%$%&$ Page 34 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   9$3$35& L 6M ) -$%M= *0# +>#-  B3969 <# * G 0 + #+   # . ##  F F E $9 &$ $ B3969 >#8 !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8 + !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8 + !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8 !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8     9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8 !#   9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =  !#   9$$5$ $6  J&6- B$6 <# * G 0 + #+   # . ##  F F E & 9 $ B$6  9$$5$  $%M +-  # # -#& ) 0#  -= *    B$3&$& 2=42  )D#8 *;P4 <# * G 0 + #+   # . ##  F F E & 6$ $ B$3&$& =8 + !#   #+  C0 +0 #5" #  0#)&&8& $%$%&$ Page 35 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B3 >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E & $$36 $ B3&6$ "   & F &96 F $ E B6  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    $&$3$3539 , $5$%&MF&5%M-+? -5 ? + #!  2>! + B$& >534.+ #H #!# + ' <# * G 0 + #+   # . ##  F F E $ $$36 $ B$96& "   $ F &96 F $ E B&  '#%#. ## 8? + #!    &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     #+  C0 +0 #5" #  0#)&38& $%$%&$ Page 36 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,    &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8     &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8      &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8      &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8      &&$6$5& ,   >/ )- # #F-#+  ,F+  '#8    B6&6 <# * G 0 + #+   # . ##  F F E $ 3$ $ B6&6 #F )8      &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8     &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8     &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8     &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    #+  C0 +0 #5" #  0#)&68& $%$%&$ Page 37 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$5& ,   >/-$&M-#+  B$6$& <# * G 0 + #+   # . ##  F F E $ $3$ $ B$6$& > 8 8   '## 5  ## 8    &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     &&$6$53$ ,    > -%$9MF3M  #  #+  B$$69 <# * G 0 + #+   # . ##  F F E $ $9 $ B$$69 > 8     #+  C0 +0 #5" #  0#)&8& $%$%&$ Page 38 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B&9 <# * G 0 + #+   # . ##  F F E $ $& $ B&$&39 "   $ F 339 F $ E B6&$ =# *   '#% (./=# *   &&6&$9$3539 , $MF39M0 5?  ?# !=# * L#'#  * B$$& <# * G 0 + #+   # . ##  F F E & $& $ B6&6$ "   & F 339 F $ E B6$ =# *   '#% (./=# *   &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  #+  C0 +0 #5" #  0#)&98& $%$%&$ Page 39 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B&63 <# * G 0 + #+   # . ##  F F E &  $ B&$$ "   & F $999 F $ E B39$  '#8 #+ #. ## 8/  &&6&35& , 6M   L#'#  * #+    L' #2" #$5 4 B$&39 <# * G 0 + #+   # . ##  F F E $  $ B$ "   $ F $999 F $ E B$  '#8 #+ #. ## 8/  &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     #+  C0 +0 #5" #  0#)&8& $%$%&$ Page 40 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   &&6&35$ , $5$%&M  0# # 05 #    # B$93 <# * G 0 + #+   # . ##  F F E & 99$ $ B$99&6 "   & F $3 F $ E B3$6  '##  ## 805 #8 >#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     &&6&35$ , $5$%&M  0# # 05 #    # B$ <# * G 0 + #+   # . ##  F F E $ 99$ $ B3$& "   $ F $3 F $ E B$  '##  ## 805 #8 >#     &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '#8F  )F # 8##  ## 8/  &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '#8F  )F # 8##  ## 8/  &336$95& , $$ ?-  )? -? #. #7 - # -#'* B$9&& " *%  # ,F #  #2> #D$$" 4 <# * G 0 + #+   # . ##  F F E $ $33& $ B$6633 "   $ F $9 F $ E B$9  '#8F  )F # 8##  ## 8/  #+  C0 +0 #5" #  0#)&8& $%$%&$ Page 41 of 45 EXHIBIT B CONTRACT No. C17009 - APPENDIX 14   =, 8, :# :  , .  / :        0 ##  #  '#  # 0 #=# B$-3&&   ( ) B( , 8  0 / : 0 . 1 8 (  : C+: ) ' ? -D  ,   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#   &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B&$$& <# * G 0 + #+   # . ##  F F E &  $ B$$ "   & F $$ F $ E B&9$  '#8F  ) ) 8 F   !#  # # + %. ## 8/  &9$$353& , $L# -9MF&C- 8#+? - ##   +  F   B$9 <# * G 0 + #+   # . ##  F F E $  $ B "   $ F $$ F $ E B$&  '#8F  ) ) 8 F   !#  . :)  ,  3% 5$&6 % 8, :/ : 34 56$7$    #    + +   #8   #* + #+*! /   #- !5  ##  #  #    ) /?  ) ? ,8, : A !+ #+  L  ) 0#)&8& $%$%&$ Page 42 of 45 Centennial Estimate Schedule ID Task Name Duration Month 1 Month 2 W-2 W-1 W1 W2 W3 W4 W5 1 Project Duration 18 days 2 Executed P.O. 1 day Executed P.O. EXHIBIT B 3 Pre-Construction Meeting 1 day Pre-Construction Meeting 4 MATERIALS 4 days 5 Plumbing 4 days 6 Submit/ Approval 2 days Submit/ Approval 7 FAB/Del Item 2 days FAB/Del Item 8 Electrical 4 days 9 Submit/ Approval 2 days Submit/ Approval 10 FAB/Del Item 2 days FAB/Del Item 11 707E 5 days 12 Demolition 1 day Demolition 13 Bathroom repairs 2 days Bathroom repairs 14 Plumbing 1 day Plumbing 15 Electrical 1 day Electrical 16 Final Clean 1 day Final Clean 17 709F 8 days 18 Demolition 1 day Demolition 19 Shoring Ceiling / Floor Joist 3 days Shoring Ceiling / Floor Joist 20 Bathroom repairs 2 days Bathroom repairs 21 Plumbing 1 day Plumbing 22 Electrical 1 day Electrical 23 Final Clean 1 day Final Clean 24 711B 7 days 25 Demolition 1 day Demolition 26 Bathroom repairs 2 days Bathroom repairs 27 Plumbing 3 days Plumbing 28 Electrical 1 day Electrical Page 43 of 45 29 Final Clean 1 day Final Clean 30 713B 8 days 31 Demolition 1 day Demolition 32 Shoring Ceiling / Floor Joist 3 days Shoring Ceiling / Floor Joist 33 Bathroom repairs 2 days Bathroom repairs 34 Plumbing 1 day Plumbing 35 Electrical 1 day Electrical 36 Final Clean 1 day Final Clean CONTRACT No. C17009 - APPENDIX 14 37 CLOSEOUT 6 days 38 Pre-Final Inspection 1 day Pre-Final Inspection 39 Punchlist 5 days Punchlist 40 Final Acceptance 0 days Final Acceptance Task Summary Split Task Progress Rolled Up Task External Tasks Critical Task Rolled Up Critical Task Project Summary Critical Task Progress Rolled Up Milestone Milestone Rolled Up Progress Centennial Estimate Schedule ID Task Name Duration Month 1 Month 2 Month 3 W-3 W-2 W-1 W1 W2 W3 W4 W5 W6 W7 1 Project Duration 35 days 2 Executed P.O. 1 day Executed P.O. EXHIBIT B 3 Pre-Construction Meeting 1 day Pre-Construction Meeting 4 MATERIALS 4 days 5 Plumbing 4 days 6 Submit/ Approval 2 days Submit/ Approval 7 FAB/Del Item 2 days FAB/Del Item 8 Electrical 4 days 9 Submit/ Approval 2 days Submit/ Approval 10 FAB/Del Item 2 days FAB/Del Item 11 900A 4 days 12 Demolition 1 day Demolition 13 Bathroom repairs 2 days Bathroom repairs 14 Plumbing 1 day Plumbing 15 Electrical 1 day Electrical 16 Final Clean 1 day Final Clean 17 906C 4 days 18 Demolition 1 day Demolition 19 Bathroom repairs 2 days Bathroom repairs 20 Plumbing 1 day Plumbing 21 Electrical 1 day Electrical 22 Final Clean 1 day Final Clean 23 908A 6 days 24 Demolition 1 day Demolition 25 Mold Removal 2 days Mold Removal 26 Bathroom repairs 2 days Bathroom repairs 27 Plumbing 1 day Plumbing 28 Electrical 1 day Electrical Page 44 of 45 29 Final Clean 1 day Final Clean 30 908B 4 days 31 Demolition 1 day Demolition 32 Bathroom repairs 2 days Bathroom repairs 33 Plumbing 1 day Plumbing 34 Electrical 1 day Electrical 35 Final Clean 1 day Final Clean 36 920D 4 days CONTRACT No. C17009 - APPENDIX 14 37 Demolition 1 day Demolition 38 Bathroom repairs 2 days Bathroom repairs 39 Plumbing 1 day Plumbing 40 Electrical 1 day Electrical 41 Final Clean 1 day Final Clean 42 924A 4 days 43 Demolition 1 day Demolition 44 Bathroom repairs 2 days Bathroom repairs Task Summary Split Task Progress Rolled Up Task External Tasks Critical Task Rolled Up Critical Task Project Summary Critical Task Progress Rolled Up Milestone Milestone Rolled Up Progress Centennial Estimate Schedule ID Task Name Duration Month 1 Month 2 Month 3 W-3 W-2 W-1 W1 W2 W3 W4 W5 W6 W7 45 Plumbing 1 day Plumbing 46 Electrical 1 day Electrical EXHIBIT B 47 Final Clean 1 day Final Clean 48 926B 4 days 49 Demolition 1 day Demolition 50 Bathroom repairs 2 days Bathroom repairs 51 Plumbing 1 day Plumbing 52 Electrical 1 day Electrical 53 Final Clean 1 day Final Clean 54 811A 4 days 55 Demolition 1 day Demolition 56 Bathroom repairs 2 days Bathroom repairs 57 Plumbing 1 day Plumbing 58 Electrical 1 day Electrical 59 Final Clean 1 day Final Clean 60 2023C 5 days 61 Demolition 1 day Demolition 62 Bathroom repairs 2 days Bathroom repairs 63 Plumbing 2 days Plumbing 64 Electrical 1 day Electrical 65 Final Clean 1 day Final Clean 66 CLOSEOUT 6 days 67 Pre-Final Inspection 1 day Pre-Final Inspection 68 Punchlist 5 days Punchlist 69 Final Acceptance 0 days Final Acceptance Page 45 of 45 CONTRACT No. C17009 - APPENDIX 14 Task Summary Split Task Progress Rolled Up Task External Tasks Critical Task Rolled Up Critical Task Project Summary Critical Task Progress Rolled Up Milestone Milestone Rolled Up Progress EXHIBIT B Centennial Contractors Enterprises, Inc. Invoice Date: January 26, 2018 Application for Payment Page 1 of 2 To: Accounts Payable Job Order Contract Invoice No.: C17009-1 Charlotteville Redevelopment & Housing Purchase Order No: #C17009 Period From: Jan-1-2018 Authority Job Name: CRHA Apartment Renovations Period To: Jan-31-2018 605 East Main Street, Room A040 Final Invoice: NO Charlottesville, VA 22902 Attn:Grant Duffield, Executive Director CCE # 73730-0005 Contractor's Application For Payment Application is made for payment as shown below. The present status of the account for this Contract Change Order Summary Additions Deductions is as follows: Previously Approved by Owner: $0.00 $0.00 Original Contract Sum $81,032.92 Approved this Month $0.00 Net Change by Change Orders $0.00 Contract Sum to Date $81,032.92 100% Total Completed & Stored to Date $81,032.92 Totals this Month $0.00 $0.00 Less Previous Payment Requests $72,929.63 Net Change by Change Orders this Month $0.00 Current Amount Due $8,103.29 Certification For Payment I hereby Certify, to the best of my knowledge and belief that: (1) The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; (2) This certification is not to be construed as final acceptance of a subcontractor's performance. Contractor: Centennial Contractors Enterprises, Inc. Send payments to: 11111 Sunset Hills Road, Suite 350 Reston, VA 20190 Terms: Net 10 By: Date: Robert E. Almand II, Project General Manager cc: A/R - Reston File 17932 S Fraley Blvd, Suite 200 Phone 703-370-4072 Dumfries VA 22026 Fax 703-370-4076 EXHIBIT B Application and Certificate For Payment Purchase Order No: #C17009 Contractor's Signed Certificate is Attached Application No.: C17009-1 Tabulations Below are rounded to the nearest Dollar Page 2 of 2 Item se Order No: #C This Stored Total Balance 12/1/2017 No. Charlotteville Redevelopment & Housing Authority CRHA Apartment R Application Materials Complete % To Finish 12/31/2017 1 2 General Conditions $14,507.91 $11,061.38 $3,446.54 $14,507.92 100% -$0.01 3 Demolition $19,957.50 $19,957.50 $0.00 $19,957.50 100% $0.00 4 Carpentry $46,567.50 $41,910.75 $4,656.75 $46,567.50 100% $0.00 5 $0.00 $0.00 $0.00 $0.00 0% $0.00 6 $0.00 $0.00 $0.00 $0.00 0% $0.00 7 $0.00 $0.00 $0.00 $0.00 0% $0.00 8 $0.00 $0.00 $0.00 $0.00 0% $0.00 9 $0.00 $0.00 $0.00 $0.00 0% $0.00 10 $0.00 $0.00 $0.00 $0.00 0% $0.00 11 $0.00 $0.00 $0.00 $0.00 0% $0.00 12 $0.00 $0.00 $0.00 $0.00 0% $0.00 13 $0.00 $0.00 $0.00 $0.00 0% $0.00 14 $0.00 $0.00 $0.00 $0.00 0% $0.00 15 $0.00 $0.00 $0.00 $0.00 0% $0.00 16 $0.00 $0.00 $0.00 $0.00 0% $0.00 17 $0.00 $0.00 $0.00 $0.00 0% $0.00 18 $0.00 $0.00 $0.00 $0.00 0% $0.00 19 $0.00 $0.00 $0.00 $0.00 0% $0.00 20 $0.00 $0.00 $0.00 $0.00 0% $0.00 21 $0.00 $0.00 $0.00 $0.00 0% $0.00 22 $0.00 $0.00 $0.00 $0.00 0% $0.00 23 $0.00 $0.00 $0.00 $0.00 0% $0.00 24 $0.00 $0.00 $0.00 $0.00 0% $0.00 25 $0.00 $0.00 $0.00 $0.00 0% $0.00 26 $0.00 $0.00 $0.00 $0.00 0% $0.00 27 $0.00 $0.00 $0.00 $0.00 0% $0.00 28 $0.00 $0.00 $0.00 $0.00 0% $0.00 29 $0.00 $0.00 $0.00 $0.00 0% $0.00 30 $0.00 $0.00 $0.00 $0.00 0% $0.00 31 $0.00 $0.00 $0.00 $0.00 0% $0.00 32 $0.00 $0.00 $0.00 $0.00 0% $0.00 33 $0.00 $0.00 $0.00 $0.00 0% $0.00 34 $0.00 $0.00 $0.00 $0.00 0% $0.00 35 $0.00 $0.00 $0.00 $0.00 0% $0.00 36 $0.00 $0.00 $0.00 $0.00 0% $0.00 37 $0.00 $0.00 $0.00 $0.00 0% $0.00 38 $0.00 $0.00 $0.00 $0.00 0% $0.00 Grand Totals $81,032.91 $72,929.63 $8,103.29 $0.00 $81,032.92 100% -$0.01 17932 S Fraley Blvd, Suite 200 Phone 703-370-4072 Dumfries VA 22026 Fax 703-370-4076