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Home My WebLink AboutBATCH - Supplemental - 0040 IDX Drive (6)MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer, RE: June 4, 2002 agenda items DATE: May 26, 2002 2) CONTINUED — APPEAL OF A DECISION OF THE CODE OFFICER, 40 IDX DRIVE. This hearing was continued from the 3/5/02 meeting (minutes enclosed). A revision of the sign ordinance was completed and the sign ordinance is warned for the June 3, 2002 City Council meeting. The staff comments below assume that the sign ordinance will be passed by the City Council on June 31d as proposed. Should this not be the case staff will advise the Development Review Board accordingly on June 4`h This is an appeal of a decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-01-42 of IDX Systems Corporation. This permit was originally denied because the proposed 230 square foot free-standing sign exceeds the size limitation of 80 square feet. This property located at 40 IDX Drive is within the Commercial 2 District and fronts on Shelburne Road. The applicant submitted a sign permit application (#SN-01-42) for a free-standing sign described as being 15.2 sq. ft. in size. Pursuant to Section 8, Free Standing Signs of the Sign Ordinance, the applicant is entitled to an 80 sq. ft. sign. The proposed sign has been erected without a permit. Under the proposed South Burlington Sign, which is warned for a final public hearing on June P, Ordinance the 230 square foot sign is allowed under Section 14, Landscape Feature Signs (please review the included section of the sign ordinance). A landscape feature sign maybe utilized in place of a freestanding sign on a lot eligible for a freestanding sign. Because this sign would exceed the standard dimensions proposed for a landscape feature sign (6' in maximum height and 4' in average height). The sign is 7' at its maximum height and 5' in average height. Therefore the DRB must make findings to allow the sign to exceed the standard dimensions, as follows: 1) The sign will not appear unduly bulky or massive from any public street, sidewalk, public land or traveled way 2) The sign will not present a hazard to traffic or pedestrian safety 3) The sign will be in keeping with the scale and character or other landscaping on the same and adjacent lots. Having reviewed the sign in several different respects over the past several months, staff have no problem recommending approval of the sign as constructed. DEVELOPMENT REVIEW BOARD MEMO ,Tune 4, 2002 MEETING The approval for the sign should be conditioned on submittal of revised site plans clearly showing the location of the landscape feature sign. 3) HUBBARD CONSTRUCTION, INC.—AMENDMENT TO A FINAL PLAT, GOLF COURSE ROAD The project consists of amending a planned residential development for 296 residential units and an 18-hole golf course. The amendment consists of converting three undeveloped single family lots into two single family lots, by dissolving the boundaries of lot #121. This project received preliminary plat approval at the 16 April, 2002 DRB meeting (minutes enclosed). This properly at Golf Course Road is located in the Southeast Quadrant District. It is bounded on all sides by single family residential units. Access: Access is provided via a public road. Lot size/Frontage: The lot size and frontage of lots # 120 and # 123 are increasing with the dissolution of lot #121. 4) J. P. LARKIN—SITE PLAN, HARBOR VIEW ROAD This project is to construct a 113 unit congregate care facility (six floors,) on undeveloped land. This project located on Harbor View Road lies within the Commercial 1 and Bartlett Brook Overlay Districts. It is bounded on the east by condominium developments (Harbor Heights and Bay Court) and the Residential 4 Zoning District, on the south by Harbor View Road, and on the west by commercial hotel development. Access/Circulation: Access is provided via two 26 foot wide curb cut off a.private drive which connects to the Howard Johnson's parking lot. Coverage/Setbacks: The applicant meets all setback requirements associated with the proposed height increase and are indicated on the plan. The proposed coverages are: building 7.8% (maximum allowed is 30%), and overall coverage is 26.3% (maximum allowed is 70%) Parking: The parking requirement is 34 parking spaces. The plan shows 131 parking spaces 92 exterior spaces and 39 underground, including four (4) accessible spaces and 2 accessible van spaces. The plan shows 90' parking spaces measuring 20' x 9' and a 20 foot aisle. Staff requests the plans be revised to show 18' x 9' spaces with a 24 foot aisle. A bike rack is shown on the site plan. 2 DEVELOPMENT REVIEW BOARD 1 OCTOBER 2002 PAGE 3 The applicant stated they made an application to approve the as-builts. Mr. Belair said he is most concerned with the buildings that are closer to the property line. 18.1 ft. was the closest the Board had approved. Units 15 and 16 are built within 13 feet of the property line. Units 1 & 2 went from 15 ft. to 12 ft. from the property line. Unit #1 has an enclosed porch and the footprint of the building does not match what is on the plan. Building #17 has a deck that is not shown on the plans presented. Mr. Osgood said those 2 units were built by the owners, and he assumed they had permission to do that. Mr. Belair asked the Board if it would approve the as -built or ask the applicant to move the property line to maintain the setback. Mr. Bolton felt better documentation was needed. He also felt the lot lines should be moved to preserve the setbacks. - Mr. Dinklage reminded the Board that their concern had been that residents of the units would treat the golf course as their backyards. Mr. Belair said this is what he saw happening. People have put flowerbeds, etc. on golf course property. Mr. Dinklage said he wanted the lot lines moved. Mr. Belair said measurements will be needed on units #1 and 17. Mr. Osgood said it would be reasonable to maintain the 18.1 ft. setback as the closest, except unit #1 which would be 15 ft. Mr. Boucher then moved to continue the hearing until 19 November to allow the applicant to submit a revised plan. Ms. Quimby seconded. Motion passed unanimously. 6. Permanent sign application of IDX Systems Corp. seeking approval of a landscape feature sign, 25 Green Mountain Drive: Mr. Dinklage said staff has presented no issues. The sign is allowed under the newly revised Sign Ordinance. Mr. Farley moved to approve the sign application of IDS Systems for a landscape feature sign at 25 Green Mountain Drive subject to the stipulations in the draft motion of 1 October 2002. Ms. Quimby seconded. Motion passed unanimously. 7. Permanent sign application of IDX Systems Corp. seeking approval of a landscape feature sign, 40 IDX Drive: DEVELOPMENT REVIEW BOARD 1 OCTOBER 2002 PAGE 4 The same situation applies to this application as to the previous one. Mr. Farley moved to approve the sign application of IDS Systems for a landscape feature sign at 40 IDX Drive subject to the stipulations in the draft motion of 1 October 2002. Ms. Quimby seconded. Motion passed unanimously. 8. Permanent sign application of Farwater, Ltd., seeking approval of a landscape feature sign, 325 Lime Kiln Road: Mr. Belair indicated staff has no issues. Mr. Boucher moved to approve the sign application of Farwater, Ltd., for a landscape feature sign at 325 Lime Kiln Road subject to the stipulations in the draft motion of 1 October 2002. Ms. Quimby seconded. Motion passed unanimously. 9. Public Hearing: Final Plat Application #SD-02-59 of Farwater, Ltd., to amend a previously approved planned unit development consisting of 85 residential units in four buildings and 88 units of congregate housing in two buildings. The amendment consists of. 1) relocating and reducing in size the pool structure at 325 Lime Kiln Road, and 2) removing the breezeway pool connection at 327 Lime Kiln Road: Mr. Chase showed the location where the amendments will occur. He noted the roof will become a shed roof instead of a pitched roof. Staff had no issues with the plan. Mr. Boucher moved to approve Final Plat Application #SD-02-59 of Farwater, Ltd., subject to the stipulations in the draft motion of 1 October 2002. Ms. Quimby seconded. Motion passed unanimously. 10. Public Hearing: Preliminary and final plat applications #SD-02-63 and SD- 02-64 of the Lewis Family Limited Partnership and the City of South Burlington to amend a 29,160 sq. ft. auto sales and service commercial complex and fire station. The amendment consists of establishing a planned unit development for the properties owned by the applicants and: 1) construct a 4050 sq. ft. addition to an existing auto sales and service building, and 2) expansion of the parking area, 1301-1325 Shelburne Road and 3 Holmes Road: David Lewis said this is essentially the same plan as the one shown at sketch plan. He showed the location of the handicapped parking spaces. DEVELOPMENT REVIEW BOARD 5 MARCH 2O02 The South Burlington Development Review Board held a regular meeting on Tuesday, 5 March 2002, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: J. Dinklage, Chair; J. Cameron, G. Quimby, R. Farley, L. Kupferman Also Present: R. Belair, Director of Planning & Zoning; L. Llewellyn, P. Morwood, A. Wilson, N. Mucklow, M. Spicer, B. Wilson, D. Hoar, J. Floyd, M. Bruce, M. Lebowitz, P. Smichenko, S. Chase, G. Westgate 1. Other Business: Mr. Belair advised that the School District has asked for an extension on their 27 August 2001 approval. Staff has no objections to this. Mr. Cameron moved to approve a six month extension to the 27 August 2001 site plan of the South Burlington School District. Ms. Quimby seconded. Motion passed unanimously. Mr. Belair asked if members had any thoughts on switching from the Free Press to Seven Days for legal notices. He said the cost is substantially less. Mr. Cameron said he would like to see the cost figures. It was also suggested that staff check with Burlington which had made that switch and then switched back to the Free Press. Mr. Belair noted that Wesco had requested a continuance for items #11 and 12 on the agenda. Mr. Farley moved to continue Application #VR-01-02 and Application #CU-01-46 of Wesco, Inc., until 2 April 2002. Mr. Kupferman seconded. Motion passed unanimously. Mr. Llewellyn addressed the Board regarding Marceau Meadows. He indicated that they are ready to apply for preliminary plat but missed the deadline for submitting the application by a few days so they would have to start over. He asked the Board if they would allow the applicant to go to preliminary plat since the plan has not changed since sketch plan review. The Board agreed to let them go to preliminary plat. 2. Continued Public Hearing: Appeal of a decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-01-42 of IDX Systems Corp. The permit was denied because the proposed 230 sq. ft. free-standing sing exceeds the size limitation of 80 sq. ft., 40 IDX Drive: Mr. Dinklage noted that proposed amendments to the Sign Ordinance may deal with this issue. (c) Bed and Breakfast Establishments. Notwithstanding any provision herein to the contrary, a sign identifying a bed and breakfast as defined by the South Burlington Zoning Regulations as presently in force or amended from time to time in a residential district shall not exceed four (4) square feet when located on a lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or eight (8) square feet when located on a lot fronting on a street or road where the maximum posted speed limit is in excess of 25 miles per hour. (d) Signs Identifying Residential Complexes. Notwithstanding any provisions herein to.the contrary, one (1) identification sign not exceeding twenty (20) square feet for purposes of identifying a single residential complex, or a dental or medical clinic, is permitted in a residential district. SECTION 14. Landscape Feature Signs (a) In all districts in the City, a landscape feature sign may be utilized in place of a free- standing sign on any lot eligible for a free-standing sign. On lots eligible for multiple free-standing signs, multiple landscape feature signs may be allowed in accordance with the regulations for multiple free- standing signs. (b) A landscape feature to which a sign is proposed to be attached must be approved by the South Burlington Development Review Board (DRB) as part of its issuance of a permit for the lot on which the sign is proposed. Upon approval by the DRB of a landscape feature, the Code Officer may issue a sign permit for the use of the landscape feature as a sign in accordance with the dimensional and administrative requirements of this Ordinance. (c) Location. No sign may be attached to a landscape feature that is closer than five (5) feet to any property line at any point. No sign larger than 40 square feet may be attached to a landscape feature that is closer than 20 feet to any property line at any point. (d) A landscape feature sign shall consist of either individual cut-out letters and/or a cut-out logo, or an inset sign, either of which shall be permanently attached to or set into an approved landscape feature. (e) The individual cut-out letters and/or logo, or the inset sign, shall not project above the top of the landscape feature at any point. (f) The total area of the cut-out letters and/or logo, or the inset sign, may not exceed the maximum area of a free-standing sign (excluding any support structure) that would be allowable for the same lot. (g) No landscape feature to which a sign is attached may exceed six (6) feet in height from finished grade at any point, or four (4) feet in average height, from the finished grade at the base of the landscape feature. The Development Review Board may allow up to a maximum of seven (7) feet in height from finished grade and up to a maximum of five (5) feet in average height from the finished grade around the base of the landscape feature, upon a finding that the sign as proposed (1) Will not appear unduly bulky or massive from any public street, sidewalk, public land or traveled way, (2) Will not present a hazard to traffic or pedestrian safety; and (3) Will be in keeping with the scale and character of other landscaping on the same and adjacent lots. 23 (h) A border area without any attached or inset signage must be maintained for a minimum of six (6) inches in all directions from the outside edge of the cut-out letters and/or logo or the inset placard sign. The border area shall be at least sixty percent (60%) of the total area of the landscape feature. (i) The visual impact of maintenance panels should be minimized. (j) Backlighted letters and/or cut out logos shall be permitted, provided the installation is consistent with Section of this Ordinance. Shielded exterior spotlighting shall be permitted, with the beam spread not to exceed the area of the cut out letters and/or logo or inset sign. SECTION 15. Airport Signage (1) Airfield and Air National Guard Signage. Except as provided in (3) below, all signage on the airfield of Burlington International Airport or property owned by the Vermont Air National Guard that is installed pursuant to Federal Aviation Administration (FAA) or United States Department of Defense (DOD) requirements, as applicable, shall be exempt from the provisions of this Ordinance. (2) Other Necessary Signage. Except as provided in (3) below, all other signage on Burlington International Airport and Vermont Air National Guard property necessary to safe and efficient operation of the Airport or National Guard premises shall be determined by the Airport or Vermont Air National Guard pursuant to FAA or DOD recommended standards, as applicable, and shall be exempt from the provisions of this Ordinance. (3) Signs on Airport Property within 20' of Road Rights -of -Way. Signs on Burlington International Airport property to be located within twenty feet (20') of the edge of the right-of-way of a public road adjacent to the Airport shall be subject to the provisions of this Ordinance and shall require a sign permit. SECTION 16. Perpendicular Signs Perpendicular signs will be permitted subject to the following conditions: (a) Where property dimensions create circumstances that do not allow for a free standing sign, a perpendicular building mounted sign or signs may be permitted. (b) Any perpendicular sign to be installed must be determined to be properly mounted on the building from which it is hung in a safe and appropriate fashion relative to the architecture of the building. (c) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (d) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten (10) feet The maximum area of the sign face of a perpendicular sign shall be thirty (30) square feet. (e) All signs of this type must be designed properly so as to be structurally correct and safe for pedestrians, traffic and other activities which occur in the vicinity. (f) Perpendicular signs are subject to the approval of the Code Officer who may seek the 24 NOTE: FINAL LAYOUT AND POSITION OF LETTERS TO BE APPROVED BY LANDSCAPE ARCHITECT. O F F I C E 0 F H. K E I T H W A 6 N E R LAN. DSCAPEARCH ITECTS SCALE: 1X= V IDX SYSTEMS CORPORATION I ENTRANCE SIGN ELEVATION! DATE: 12 4 00 7 Marb{e Avenue Buriington, VT05401 T 802.864.0010 F 802.864. 6267 OPTION C - 331 LETTER HGT. 158 Chikon Street Cambridge, MA 02138 T 617.441. 5300 F 617.354. 5371 F! JOB #: 7� ohkmcytooether.net - s UCITY OF SOUTH BI.JRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 28, zooz Ms. Molly Lebowitz Dinse, Knapp & McAndrew zog Battery Street Burlington, Vermont 0540I Re: 40 IDX Drive Dear Ms. Lebowitz: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 5, zooz at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer Encl./td t � :� � �'•' � E ' tom'. r '�� • DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 28, 2002 Mr. Peter Smichenko 25 Green Mountain Drive South Burlington, Vermont 05403 Re: 40 IDX Drive Dear Mr. Smichenko: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure that someone is at the meeting on Tuesday, March 5, zooz at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely.,-^ Raymond J. Belair Administrative Officer Encl./td MEMORANDUM , TO: South Burlid � ^ f Iie� elopment Review Board FROM: Ray Bela , , ALinistrative Officer RE: March 5, 2002 agenda items DATE: March 1, 2002 1) OTHER BUSINESS: The School District has requested a six (6) month extension to a site plan approved on 8/27/01 (see enclosed letter). Staff has no problem with this request. 2) CONTINUED — APPEAL OF A DECISION OF THE CODE OFFICER, 40 IDX DRIVE. This hearing was continued from the 12/4/01 meeting (minutes enclosed) to see if the Sign Ordinance Review Committee could finish there review of the sign ordinance and make recommendations to the City Council prior to this meeting. The committee is scheduled to make a presentation to the Council in March 18, 2002. The Board can make a decision on the merits or continue the hearing to a later date to see what if any changes the Council will make to the sign ordinance which might benefit the applicant. This is an appeal of a decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-01-42 of IDX Systems Corporation. This permit was denied because the proposed 230 square foot free-standing sign exceeds the size limitation of 80 square feet, 40 -IDX Drive. The applicant submitted a sign permit application (#SN-01-42) for a free-standing sign described as being 15.2 sq. ft. in size. Pursuant to Section 8, Free Standing Signs of the Sign Ordinance, the applicant is entitled to an 80 sq. ft. sign. The proposed sign has been erected without a permit. The sign was placed on a structure, which is 230 sq. ft. in area. (see enclosed drawings). Since this structure is part of the sign and it exceeds 80 sq. ft., the permit was denied. This is a very similar situation to the S.B. Collins appeal which the Board rejected on 8/7/01. 31 VERMON T AGENCY OF TRANSPORTATION —APPROVAL OF AS BUILT LANDSCAPE-5 BARTLETT BAY ROAD. This project is to amend a planned unit development consisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of modifying the landscape plan for the existing temporary transportation service building (train station) on the adjacent State-owned property to the west. This project was last reviewed on April 3, 2001 (minutes enclosed). DEVELOPMENT REVIEW BOARD 4 DECEMBER 2001 PAGE 2 Continued Public Hearing: Appeal of a decision of the Code pursuant to Section 29 of the South Burlington Sign Ordinance denyinstr gn P 'erit application #SN-01-42 of IDX Systems Corp. This permit was denied because the proposed 230 sq. ft. free-standing sign exceeds the size limitation of 80 sq. ft., 40 IDX Drive: Mr. Belair noted that the ad hoc committee has been meeting on a regular basis and will present recommendations for changes to the Sign Ordinance to the City Council in January. It is hoped there will be a revised Sign Ordinance in place by March. Mr. Dinklage asked if the revised ordinance will deal with this situation. Mr. Belair said it will, though it is not known if the Council will approve the changes. Ms. Liebowitz, representing the applicant, asked that the hearing be continued until the new Ordinance is in place. 11 Mr. Boucher moved to continue the appeal of IDX Systems Corp. until arch. Mr Farley seconded. Motion passed unanimously. 4. Pu i a at Application #SD-01-63 of Ronald LaBounty to amend a planned residential development consisting of eight units in four buildings. The amendment consists of the removal of: 1) two accessory structures, and 2) the elimination of the dumpster storage area, 1366 and 1386 Williston Road: Mr. Bolton said they will remove a 2-car garage which is in disrepair. The engineer should have indicated this to be removed on the mylar but didn't. Mr. Belair said he has no issues with this. Mr. Bolton showed the former location of the dumpster. The applicant does not feel it is needed. The Association can come back with a request if they want a dumpster. The small shed is no longer there and the area has been landscaped. It shouldn't show on the plan and will be removed. There is an indication of a small area to be paved. Mr. Bolton was not sure that it would be. It is graveled with a finish of crushed stone. If this doesn't work, it will have to be paved. Mr. Dinklage said it is important to know where vehicles are and where they will be parked. Mr. Belair said that due to drainage concerns they would have to come back in if they want to pave it. He said the Board could approve it "either/or." Mr. Bolton said the dumpster space will become a parking space. There will be no fence. 1 MEMO South Burlington Planning & Zoning To: South Burli%ve RayRB Belair From: Juli Beth HICP Director of Planning & Zoning RE: Sign Ordinance Review Committee Progress Date: Monday, December 03, 2001 This is to give you a quick update on the progress of the Sign Ordinance review committee. We are going to be reviewing a draft on Thursday, December 20'-- hopefully with some members of City Council in attendance to go over the preliminary recommendations. If all goes well, the amendments to the sign ordinance should be in the public hearing process by the end of January, with an amended regulation in force roughly by March. Page #5 io) IDX SYSTEMS CORPORATION - SIGN APPEAL - 4o IDX DRIVE This is an appeal of a decision of the Code Officer pursuant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN-or-42 of IDX Systems Corp. This permit was denied because the proposed 230 square foot free- standing sign exceeds the size limitation of 8o square feet, 40 IDX Drive. The applicant submitted a sign permit application (#SN-or-42) for a free-standing sign described as being 15.2 sq. ft. in size. Pursuant to Section 8, Free Standing Signs of the Sign Ordinance, the applicant is entitled to an 8o sq. ft. sign. The proposed sign has been erected without a permit. The sign was placed on a structure, which is 230 sq. ft. in area. (see enclosed drawings). Since this structure is part of the sign and it exceeds 8o sq. ft., the permit was denied. This is a very similar situation to the S.B. Collins appeal which the Board rejected on 8/7/01. The applicant has asked that this hearing be continued to i2/4/oi. (see enclosed). CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 30, 2001 Ms. Molly Lebowitz Dinse, Knapp & McAndrew 209 Battery Street Burlington, Vermont 05401 Re: 1400 Shelburne Road,1DX Dear Ms. Lebowitz: Enclosed is the agenda for next Tuesday's Development Review Board meeting, and my comments to the Board. Please be sure that someone is at the meeting on Tuesday, December 4, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincergly,, "oo Belair Administrative Officer Encl./td CC: Peter Smichenko z Q 0 (r isi 0- F- m w 0 n. Dinse, Knapp & McAndrew, P.c. ATTORNEYS AT LAW Molly K. Lebowitz E-mail. mlebowitz@dinse.com September 13, 2001 BY HAND DELIVERY City of South Burlington Development Review Board c/o Raymond J. Belair, Code Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Sign Permit Application #SN-01-42 Dear Ray: This office represents IDX Systems Corporation ("IDX"). I am writing regarding IDX's appeal of your letter of August 10, 2001 denying the above Sign Permit Application which appeal was filed on August 20, 2001. I understand that the City plans to appoint a special committee to conduct a review of signage in the City in the very near future. Given the importance of a comprehensive review of the issues surrounding signage, and the impact that the results of the review may have on the current Sign Ordinance, I am writing to request a continuance of the hearing currently scheduled for September 18, 2001 before the City of South Burlington Development Review Board regarding IDX's pending appeal. I understand that the DRB meets on the first and third Tuesdays of each month. In order to give ample time for completion of the sign survey, I request a continuance of the hearing currently scheduled for September 18, 2001 to December 4, 2001. In our telephone conversation, you indicated that you did not foresee any problems with respect to the Board granting the requested continuance. Kindly confirm at your earliest convenience. Thank you in advance for your prompt attention to this matter. Please fecl free to call with any questions. Sincerely yours, DINSE, KNAPP & MCANDREW, P.C. U)n6w(t� Molly K. Lebowitz 209 BATTERY STREET, P.O. BOX 988, BURLINGTON, VT 05402-0988 TEL (802) 864-5751 • FAx (802) 862-6409 63 BRIDGE STREET, PLATTSBURGH, NY 12901 TEL (518) 563-4748 www.dinse.com LAW OFFICES OF Dinse, Knapp & McAndrew, P.C. September 13, 2001 Page 2 cc: Robert Baker, Esq. Peter Smichenko Charles Hafter Brad Carter 209 BATTERY STREET, P.O. BOX 988, BURLINGTON, VT 05402-0988 TEL (802) 864-5751 • FAx (802) 862-6409 63 BRIDGE STREET, PLATTSBURGH, NY 12901 TEL (518) 563-4748 www.dinse.com CITY OF SOUTH BURLING TON ]DEPARTMENT OF PLAIN-111ITG & ZOND',TO' 575 DORSET STREET SOUTH BURLINGTO�i, VERMO�fT 05403 (802) 846-4106 Fly (802) 846-4101 Permit Number SN-- Application for Permanent Sign Permit 1) OWNER OF RECORD (Name as show- on deed, mailing address, phone and fax #) IDX Systems Corporation, 40 IDX Drive, South Burlington, ®T 862-1022 2) APPLICANT (Name, mailing address, prone and fax #) IDX Systems Corporation 3) SIGN LOCATION (include business name, address, & phone #): 40 IDX Drive 4) TAX PARCEL D # (can be obtained at Assessor's Office) 5) SIGNT ERECTOR (Name, mailing address, phone and fax #): Signs 0' Life, 173 Purchase Street, Boston, MA. 617-482-1475 6) DATE OF ERECTION ,Tune 2001 IGN DAT. (�ILLASIGNS st size in sq. ft., illumination, & type uch as r cut-out letter 1. SIZE (in sq, ft.): j Cut out letter 15.2 sq.ft. 2. IOVERALL HEIGHT: 2' -9" SIGNABLE WALL AREA (in sq. ft.): TYPE OF ILLUMNATION: 226 sq.ft. Back lit NOI1 : ,k scaled rendering of each proposed sign must be submitted illustrating the color of the sign and notin'a the dimensions of each sign. 8) DATE OF DESIGN REVIEW APPROVAL (if A) Applicant Signature: ,Z6aol 10' Signature ofLand/Building Owner: aoeaa®eo®aaaao¢000®oeeesaaeWa®eee®ees®®noeaaaaa Do not write below this line sa®s®Deese:«e�seeaooa�peeoo®Qa@®aasowaoca®oaeaae®saeaae®eee s aRaaaeeeoseeaabasgeaesae®aoa®esooseseesa Fee: — .-AIpplication: I] R jected ❑Approved Code Officer Signature: L�. Date: ' NOI1 : ,k scaled rendering of each proposed sign must be submitted illustrating the color of the sign and notin'a the dimensions of each sign. 8) DATE OF DESIGN REVIEW APPROVAL (if A) Applicant Signature: ,Z6aol 10' Signature ofLand/Building Owner: aoeaa®eo®aaaao¢000®oeeesaaeWa®eee®ees®®noeaaaaa Do not write below this line sa®s®Deese:«e�seeaooa�peeoo®Qa@®aasowaoca®oaeaae®saeaae®eee s aRaaaeeeoseeaabasgeaesae®aoa®esooseseesa Fee: — .-AIpplication: I] R jected ❑Approved Code Officer Signature: L�. Date: ' CITY OF SOUTH BLTRLING` ON DEPIA.RTM EINT OF LAi-'qN�C & Z0NH\T 575 DORSET STREET SOUTH BURLINGTON, VERIVIONT 05403 (802) 846-4106 FAX (802) 846-4101 August Ho, zooi IDX Systems Corp. 40 IDX Drive South Burlington, Vermont 05403 Re: Sign permit Application #SN-oa-42 Dear Sir/Madam: This letter is in regards to your application for a free-standing sign (#SN-of-42). Please be advised that this application was denied. This permit was denied because the proposed 230 square foot free-standing sign exceeds the maximum size allowed of 8o square feet. Pursuant to Section 29, Appeals, of the South Burlington Sign Ordinance (copy enclosed) you have io days to appeal this decision to the Development review Board. If you have .any further questions, please feel free to contact me. Sincerely, , Raymo fid J Belair Code Officer Cc: Tim Duff Td/enclosure DEPARTMENT OF PIL ANNENG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 14, 2001 Molly Lebowitz Dinse, Knapp & McAndrew 209 Battery Street Burlington, Vermont 05401 Re: Sign Application — 40 IDX Drive Dear Ms. Lebowitz: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, September 18, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street, Sincerely, Raymond J. Belair Administrative Officer Encl./td CC: Peter Smichenko 25 Green Mtn. Drive South Burlington VT 05403 CITY OF SOUTH B URLINC TON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 14, 2001 Molly Lebowitz Dinse, Knapp & McAndrew 209 Battery Street Burlington, Vermont 05401 Re: Sign Application — 40 IDX Drive Dear Ms. Lebowitz: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, September 18, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer Encl./td CC: Peter Smichenko 25 Green Mtn. Drive South Burlington VT 05403 °iiSLiC -iEAAING SvUTH 8L1 ITOfJ J' E�/EL•� PtPNviENE�T /J i j RE IE*,Ri BOARD The South Burlington Develooment Review Board will hold a public hearing at the South Bur- ington Clty Hall Confer- ence 9oom, 575 Dorset Street. South Burlington. Vermont on Tuesday September 18, 2001. at 7:30 P.M. to consider the following: 1. Appeal of a decision of the Code Officer pursu- ant to Section 29 of the South Burlington Sign Ordinance denying sign permit application #SN- 01-42 of IDX Systems Corp. This permit was denied because the pro- posed 230 square foot free standing sign ex- ceeds the size limitations of 80 square feet, 40 IDX Drive. 2. Application #CU-01 36 of A. Marcetino $ Company seeking ap- proval from Section 26.05, Conditional Uses, and Section 26.605, of the South Burlington Zoning Regulations. The request is for permission to utilize four (4] recrea- tional vehicles ffor tempo- rary residential facilities, 20 Palmer Court. 3. Preliminary plat appli- cation #SD-01-46 of Paul Heald to subdivide a 5.32 acre lot into six [61 lots ranging insize from 0.32 acres to 1.32 acres, 1200 Dorset St. 4. Final plat application #SD-01-48 of Wright/ Morrissey Realty Corp, to amend a planned unit deveiopment consisting of: 11 an 95 room hotel, 21 160 residential units in four [41 buildings, 3] a 130 unit congregate housing faciil , 41 subdf- vidingg two [2 parcels of 24.458 acres into eight [81 lots, 5] a 91,000 sq. ft. building which will in- clude 11,000 sq. ft. of re- tail, a 150 seat 7,500 sq, ft. restaurant, 70.000 sq. ft. of general office, 2,- 500 sq. ft. of drive-in bank, and ten [10] resi- dential units, 61 a 7,200 sq. ft. addition to an in- door recreational facility, and 7] an existing 16,000 sq. ft. television studio and office building. The amendment consists of minor road and parking modifications, 65 Farrell Street. 5. Application #MS-01 05 of David and Heather Main seeking approval from Section 25.117, Al- teration of Existing Grade, of the South Bur- lington Zoning Regula- tions. Request is for per- mission to place 84 cubic yards of fill on property at 38 Knoll Circle. Copies of the applica- tions are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board September 1, 2001 a 5 (�P ter) , Or, Dinse, Knapp & McAndrew, P.C. Il AU G ATTORNEYS AT LAW Molly K. Lebowitz E-mail. mlebowitz@dinse.com August 20, 2001 BY HAND DELIVERY City of South Burlington Development Review Board c/o Margaret A. Picard, CMC, City Clerk City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Sign Permit Application #SN-01-42 Dear Margaret: This office represents IDX Systems Corporation ("IDX"). I am writing in response to Ray Belair's letter of August 10, 2001 denying the above Sign Permit Application. Pursuant to Section 29 of the City of South Burlington Sign Ordinance ("Ordinance"), please consider this letter an appeal of that denial to the City of South Burlington Development Review Board. Pursuant to Section 29 of the Ordinance, I understand that Chairman of the Development Review Board will set a hearing date and place following public notice of such hearing in a newspaper having general circulation in the City. We will submit a memorandum in support of our appeal prior to the hearing. This will also confirm Ray Belair's representation to Tina Wiles of our office that, pending the outcome of the hearing, the City will refrain from issuing any municipal complaint to the Traffic and Municipal Ordinance Bureau following the warning notice issued on June 26, 2001 and received by IDX on July 3, 2001 and that, in the event IDX is not successful in its appeal, any civil penalty sought by the City will be computed only from the date of such complaint and not from the date of the original warning. 209 BATTERY STREET, P.O. BOX 988, BURLINGTON, VT 05402-0988 TEL (802) 864-5751 • FAx (802) 862-6409 63 BRIDGE STREET, PLATTSBURGH, NY 12901 TEL (518) 563-4748 www.dinse.com LAW OFFICES OF Dinse, Knapp & McAndrew, P.C. August 20, 2001 Page 2 I am enclosing the appeal fee in the amount of $85.00. Please feel free to call with any questions. Sincerely yours, DINSE, KNAPP & MCANDREW, P.C. Molly K. Lebowitz cc: Peter Smichenko Brad Carter 209 BATTERY STREET, P.O. BOX 988, BURLINGTON, VT 05402-0988 TEL (802) 864-5751 • FAx (802) 862-6409 63 BRIDGE STREET, PLATTSBURGH, NY 12901 TEL (518) 563-4748 www.dinse.com ' KEYBANK NATTONAL ASSOCIATION ` INTERNATIO IE DIVISION Su FT: 7EX: KEYBUS33ALB 6716404 KEYBKNA LETTER OF CREDIT DEPARTMENT FAX: (518) 487-4998 -- KeyBank 66 SOUTH PEARL STREET ALBANY, NEW YORK 12207-1501 PHONE: (518) 487-4717 DATE: DECEMBER 15, 1999 AMENDMENT NO. 3 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. NSL691606 BENEFICIARY CITY OF SOUTH BURLINGTON ATTM: RICHARD WARD 575 [}ORSET STREET SOUTH BURLINGTON, VT 05403 LADIES AND GENTLEMEN: APPLICANT BDP REALTY ASSOCIATES C/O IDX CORP. 1400 SHELBURNE ROAD SOUTH BURLINGTON, VT 05403 THE ABOVE MENTIONED LETTER OF CREDIT IS AMENDED AS FOLLOWS: EXPIRATION DATE EXTENDED TQ: DECEMBER 15, 2000 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS DOCUMENTARY AMENDMENT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THIS LETTER OF CREDIT AND MUST BE ATTACHED THERETO. YOURS FAITHFULLY, KEYBANK NATIONAL ASSOCIATION KEYBANK NA NAL ASSOCIATION IL INTERNAT)L DIVlSION LETTER OF CREDIT DEPARTMENT 66 SOUTH PEARL STREET ALBANY, NEW YORK 12207-1501 DATE: 12/04/98 � CITY OF SOUTH BURLINGTON ATTN: RICHARD WARD 575 DQRSET STREET SOUTH BURLINGTON, VT 05403 DEAR SIR/MADAM: � � FAX: PHONE: n/C NO. NSL691606 A/C BDP REALTY ASSOCIATES WE HEREBY RECIND OUR ELECTION NOT TO RENEW LETTER DATED AND ENCLOSE AMENDMENT NO. 02 EXTENDING VALIDITY OF THE DECEMBER 15, 1999. SINCERELY, JVL ENCLOSURE (518) 487-4998 (518) 486-8144 OCTOBER 15, 1998 LETTER OF CREDIT TO '~ � KEYBANK NATIONAL ASSOC Y[ION � 149 BANK STREET ~� P.O. BOX 949 BURLINGTON, VERMONT 05402-0949 **~Bank*************************************************************************** DATE: 12/04/98 AMENDMENT NO. 2 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. NSL691606 BENEFICIARY CITY OF SOUTH BURLINGTON ATTN: RICHARD WARD 575 DORSET STREET SOUTH BURLINGTON, VT 05403 LADIES AND GENTLEMEN: APPLICANT BDP REALTY ASSOCIATES C/O IDX CORP. 1400 SHELBURNE ROAD SOUTH BURLINGTON, VT 05403 THE ABOVE MENTIONED LETTER OF CREDIT IS AMENDED AS FOLLOWS: EXPIRATION DATE IS EXTENDED TO: DECEMBER 15, 1999 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS DOCUMENTARY AMENDMENT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500 ("UCP") AND TO MATTERS NOT GOVERNED BY THE UCP SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VERMONT. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. YOURS FAITHFULLY, K TIONAL ASSOCIATION ~m , I c , /.x.°-, ^ AU�HORIZED SIGNA]�]RE i . C]CITIZENS BANK International Division � 870 Westminster Street Providence, RI 02903 USA 800 733-436o FAX 401-455-5859 SWIFT CTZIUS33 TELEX 211047 CTZINTL +-------------------------------------------------------------------------------------+ (ISSUING BANK: I I NUMBER CITIZENS BANK OF MASSACHUSETTS I IRREVOCABLE ILC-011335 28 STATE STREET I STANDBY BOSTON, MA 02109 I LETTER OF CREDIT USA-----------------------------------------------------------------------------I IPLACE AND DATE OF ISSUE: IPLACE AND DATE OF EXPIRY: PROVIDENCE, RI I AT OUR COUNTERS 11999 NOVEMBER 26 2001 AUGUST 1 I -----------------------------------------------------------------------------� (APPLICANT: (BENEFICIARY: IDX SYSTEMS CORPORATION I CITY OF SOUTH BURLINGTON 1400 SHELBURNE ROAD, 1575 DORSET STREET, ATTN RAY BELAIRE P 0 BOX 1070 ATTN: JACK KANE ( ZONING ADMINISTRATOR, -BURLINGTON, VT 05402-1070 I SOUTH BURLINGTON, VT 05403 ------------------------------------------------------------------------------I (AMOUNT: USD150,000.00 UP TO AN AGGREGATE THEREOF ---------------------------------------- PARTIAL DRAWINGS: PERMITTED. --------------------------------------------- CREDIT AVAILABLE WITH: CITIZENS BANK OF RHODE ISLAND PROVIDENCE, RI 02903 BY: PAYMENT Against presentation of documents detailed herein and drafts at: SIGHT Drawn on: CITIZENS BANK OF RHODE ISLAND 870 WESTMINSTER STREET PROVIDENCE, RI 02903 , USA +-------------------------------------------------------------------------------+ Documents Required: A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF SOUTH BURLINGTON CERTIFYING THE FOLLOWING: "THE AMOUNT OF THE DRAFT REPRESENTS FUNDS DUE THE CITY OF SOUTH BURLINGTON, AS IDX SYSTEMS CORPORATION IS IN DEFAULT UNDER THE TERMS OF THE AGREEMENT AS DEPICTED ON SITE PLAN ENTITLED 'SP1 - MASTER SITE PLAN FOR LANDSCAPING' DATED NOVEMBER 12, 1998, AND PREPARED BY TRUDELL CONSTRUCTION ENGINEERS. THE FUNDS DRAWN HEREUNDER ARE IN PAYMENT FOR, OR IN ANTICIPATION OF PAYMENT FOR MATERIALS, LABOR AND SERVICES REQUIRED FOR COMPLETION OF THE IMPROVEMENTS." THE ORIGINAL OF THIS LETTER OF CREDIT IS REQUIRED TO BE PRESENTED WITH ALL DRAWINGS SO THAT THE PROPER NOTATION MAY BE MADE ON THE REVERSE. Continued on page 2. C, CITIZENS BANK Page: 2 Letter of Credit No. LC-011335 11/26/1999 International Division 870 Westminster Street Providence, RI 02903 USA 800 733-436o FAX 401-455-5859 SWIFT CTZIUS33 TELEX 2II047 CTZINTL WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION OF SPECIFIED DOCUMENTS SUBMITTED TO CITIZENS BANK OF RHODE ISLAND, INTERNATIONAL DEPARTMENT, 870 WESTMINSTER STREET, PROVIDENCE, RI 02903 ON OR BEFORE THE EXPIRATION DATE. EACH DRAFT MUST BEAR UPON ITS FACE THE CLAUSE "DRAWN UNDER CITIZENS BANK NEW HAMPSHIRE LETTER OF CREDIT NUMBER 011335 DATED NOVEMBER 26, 1999." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING TO YOU. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT OR INSTRUMENT REFERRED TO HEREIN OR RELATED HERETO AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY SUCH DOCUMENT OR INSTRUMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500". SUBDIVISION LETTER OF CREDIT AGREEMENT THIS AGREEMENT, executed in triplicate between IDX Systems Corporation, of South Burlington, Vermont, hereinafter referred to as "DEVELOPER", Citizen's Bank of Providence, Rhode Island, hereinafter referred to as "BANK" and the City of South Burlington, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, DEVELOPER has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at 1400 Shelburne Road, as depicted on a site plan entitled "SP1 — Master Site Plan", dated 11/12/98, and prepared by Trudell Construction Engineers. WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: SP1 — Master Site Plan for Landscaping 2. The DEVELOPER shall complete the improvements set forth in Paragraph 1 no later that 8/1/2001. 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER'S performance of requirement hereunder set forth, DEVELOPER has caused the BANK to issue it's Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY'S copy of this Agreement, and a copy of which is attached to the DEVELOPER'S copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal the MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of One Hundred and Fifty Thousand Dollars ($150,000.) shall be sufficient to secure DEVELOPER'S obligations under this Agreement but shall not relieve DEVELOPER from obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 8. The MUNICIPALITY shall not file with the BANK a statement of default until ten (ten) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, on a time and material basis, shall be performed by the MUNICIPALITY'S own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that the portions of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said letter of credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in above paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) moth period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may cancelled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. Developer hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Dated at South Burlington, Vermont, this In the presence of: day of December 1999. ID y e7orRorition By: - uly Authorize Agznt (DEVELOPER) Dated at Providence, Rhode Island, this __&,, day of December 1999. In the presence of - Citizens BTk By: � 0 V� Duly Authorized A ent (BANK) 'OM ey a 060 Dated at South Burlington, Vermont, this/ /day of 14cee +"�°4- In Re7A CLrt�L�'11.(�A City of South Burlington By: Duly Auth ized Agent ( MUNICIPALITY) r, CITIZENS BANK International Division 870 Westminster Street Providence, RI 02903 USA 800 733-436o FAX 401-455-5859 SWIFT CTZWS33 TELEX zrr047 CTZINTL +-------------------------------------------------------------------------------------+ (ISSUING BANK: I I NUMBER CITIZENS BANK OF MASSACHUSETTS I IRREVOCABLE ILC-011334 28 STATE STREET I STANDBY I BOSTON, MA 02109 I LETTER OF CREDIT USA I I I -------------------------------------------------------------------------- (PLACE AND DATE OF ISSUE: IPLACE AND DATE OF EXPIRY: PROVIDENCE, RI I AT OUR COUNTERS 1999 NOVEMBER 26 2001 AUGUST 1 I JAPPLICANT: (BENEFICIARY: IDX SYSTEMS CORPORATION I CITY OF SOUTH BURLINGTON 1400 SHELBURNE ROAD, 1575 DORSET STREET, ATTN RAY BELAIRE P 0 BOX 1070 ATTN: JACK KANE I ZONING ADMINISTRATOR, BURLINGTON, VT 05402-1070 I SOUTH BURLINGTON, VT 05403 I ------------------------------------------- ------------------------------------------ (AMOUNT: USD230,000.00 UP TO AN AGGREGATE THEREOF -------------------------------------------------------------------------------------� CREDIT AVAILABLE WITH: CITIZENS BANK OF RHODE ISLAND (PARTIAL DRAWINGS: PERMITTED. I PROVIDENCE, RI 02903 BY: PAYMENT Against presentation of "documents detailed herein and drafts at: SIGHT Drawn on: CITIZENS BANK OF MASSACHUSETTS 28 STATE STREET BOSTON, MA 02109 t-------------------------------------------------------------------------------- - - - - -+ Documents Required: A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF SOUTH BURLINGTON CERTIFYING THE FOLLOWING: "THE AMOUNT OF THE DRAFT REPRESENTS FUNDS DUE THE CITY OF SOUTH BURLINGTON, AS IDX SYSTEMS CORPORATION IS IN DEFAULT UNDER THE TERMS OF THE AGREEMENT AS DEPICTED ON SITE PLAN ENTITLED 'SP1 - MASTER SITE PLAN' DATED NOVEMBER 12, 1998, AND PREPARED BY TRUDELL CONSTRUCTION ENGINEERS. THE FUNDS DRAWN HEREUNDER ARE IN PAYMENT FOR, OR IN ANTICIPATION OF PAYMENT FOR MATERIALS, LABOR AND SERVICES REQUIRED FOR COMPLETION OF THE IMPROVEMENTS." THE ORIGINAL OF THIS LETTER OF CREDIT IS REQUIRED TO BE PRESENTED WITH ALL DRAWINGS SO THAT THE PROPER NOTATION MAY BE MADE ON THE REVERSE. Continued on page 2. l #,' CITIZENS BANK Page: 2 Letter of Credit No. LC-011334 11/26/1999 International Division 870 Westminster Street Providence, RI 02903 USA 800 733-436o FAX 401-455-5859 SWIFT CTZIUS33 TELEX 2111047 CTZINTL WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION OF SPECIFIED DOCUMENTS SUBMITTED TO CITIZENS BANK OF RHODE ISLAND, INTERNATIONAL DEPARTMENT, 870 WESTMINSTER STREET, PROVIDENCE, RI 02903 ON OR BEFORE THE EXPIRATION DATE. EACH DRAFT MUST BEAR UPON ITS FACE THE CLAUSE "DRAWN UNDER CITIZENS BANK NEW HAMPSHIRE LETTER OF CREDIT NUMBER 011334 DATED NOVEMBER 26, 1999." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING TO YOU. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT OR INSTRUMENT REFERRED TO HEREIN OR RELATED HERETO AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY SUCH DOCUMENT OR INSTRUMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500". E SUBDIVISION LETTER OF CREDIT AGREEMENT THIS AGREEMENT, executed in triplicate between IDX Systems Corporation, of South Burlington, Vermont, hereinafter referred to as "DEVELOPER", Citizens Bank of Providence, Rhode Island, hereinafter referred to as "BANK" and the City of South Burlington, Vermont, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, DEVELOPER has received site plan approval from the MUNICIPALITY'S Planning Commission for the development of property located at 1400 Shelburne Road, as depicted on a site plan entitled "SPI — Master Site Plan", dated 11/12/98, and prepared by Trudell Construction Engineers. WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: SP1 — Master Site Plan for IDX Drive 2. The DEVELOPER shall complete the improvements set forth in Paragraph 1 no later that 8/1/2001. 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of requirement hereunder set forth, DEVELOPER has caused the BANK to issue it's Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal the MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum of Two Hundred and Thirty Thousand Dollars ($230,000.) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. 8. The MUNICIPALITY shall not file with the BANK a statement of default until ten (ten) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, on a time and material basis, shall be performed by the MUNICIPALITY'S own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that the portions of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said letter of credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in above paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) moth period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may cancelled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. Developer hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Dated at South Burlington, Vermont, this day of December 1999. In the presence of: Duly Authors ed Agent (DEVEL R) Dated at Providence, Rhode Island, this day of December 1999. Citize By: Duly Authorized Agent (BANK) 1 a'o Dated at South Burlington, Vermont, this 13 )�day of In Bence o • r 4 City of South Burlington a a-L-0 � 1 ��i� BY: Duly Authorized Agent ( MUNICIPALITY)