HomeMy WebLinkAboutBATCH - Supplemental - 1840 Spear StreetSouth Burlington City Clerk's Office
Date: /P •3. 0 _-V Time: 126 9
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CITY CLERK'S Off` , ICF,
Rece ved • 3 0 ��7at d0 hfRecorded in
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DEVELOPMENT
This Agreement, made by and between the City of South Burlington, Vermont, acting
through its City Council (hereinafter collectively, "City"), and South Village Communities, LLC
(hereinafter "'Developer"), a Vermont limited liability company with principal place of business
in Burlington, Vermont.
WHEREAS, Developer is or will be the owner of a certain parcel of land containing
approximately 226 acres, identified as the "Calkins" property located adjacent to Spear Street in
South Burlington ("Property");
WHEREAS, Developer desires to develop the Property as "South Village," a phased
Planned Unit Development ("PUD"), all as more particularly shown and depicted on the plans
and project description entitled "Master Plat Plan, South Village, Drawing Number S1.0," dated
August 2004, last revised August 7, 2007, prepared by Civil Engineering Associates (the
"Plans");
WHEREAS, the City approved the Master Plan Application for the South Village project
in that certain document entitled "City of South Burlington Department of Planning and Zoning,
South Village Communities, LLC, Master Plan Application #MP-05-02, Findings of Fact &
Decision" dated February 10, 2006, and the Environmental Court amended and approved the
Master Plan Application for the South Village project by the Consent Decree and Order entered
February 12, 2007, in Docket Nos. 27-2-06, 111-5-06, 116-5-05, 74-4-05 and 196-8-06 Vtec
(together, the "Permit");
WHEREAS, the Permit contemplates that South Village will be developed in at least
three (3) phases, and that Developer shall commence construction of the connector street from
South Village to Dorset Farms ("Connector Road") at the time that the City issues a zoning
permit for the 185th market -rate unit, and substantially complete construction of the Connector
Road at the closing on the 200th market rate unit, or within 6 months of commencement of
construction thereof, whichever is later; and
WHEREAS, the Permit requires the Developer to: (1) make certain payments in escrow
as security to assure the City that the Developer will construct and complete the Connector Road
as contemplated in the Permit and as shown on the Plan; (2) contribute the sum of $20,000 to the
City for traffic -related improvements; and (3) execute an agreement with the City Council
governing timing and disposition of payments and sureties for roadway, intersection and
infrastructure work.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The Connector Road is identified on the Plans, as follows: The Connector Road
commences at a roundabout shown on the Plan at the intersection of Chipman Street, South
Jefferson Road, and Allen Road East, and continues easterly through Phase 3, The Ridge, to
connect with Midland Avenue in the Dorset Farms Development.
2. The current Development phases are identified on the Plans as follows:
A. Phase 1 - Village Center
B. Phase 2 - Fields Edge
C. Phase 3 - The Ridge
3. A Market -Rate Housing Unit is a House, Townhouse or Condominium Unit that
is one of the 269 units approved as "market -rate housing" in the Permit.
4. In order to insure adequate funding for the construction of the Connector Road,
Developer shall establish an escrow fund as follows: Upon the sale of each Market -Rate Housing
Unit in the development, Developer shall deposit in the "South Village Escrow Fund," the sum
of Six Thousand One Hundred Dollars ($6,100.00), which can be drawn on by the Developer,
but only with the written permission of City, or, in the event of a default by Developer, by the
City, solely for the purpose of completing the Connector Road. Any and all interest accrued to
the Escrow Fund shall be retained by and in said Fund and allocated solely towards the cost of
completing the Connector Road. The City shall approve in writing any requested withdrawals by
Developer from the Escrow Fund for this purpose. Developer shall continue to make deposits to
the Escrow Fund through the sale of the 200th Market -Rate Housing Unit by Developer. This
Escrow Fund will be administered by Developer and must be established and documented in a
manner acceptable to the City prior to the City's issuance of the first zoning permit for a
dwelling unit.
5. Developer shall commence construction of the Connector Road no later than the
time that the City issues a zoning permit for the 185th Market -Rate Housin� Unit. The Connector
Road shall be substantially completed at the closing on the sale of the 200t Market -Rate
Housing Unit or in six (6) months from commencement of construction, whichever is later.
6. No later than the day before the first City Council meeting which includes a
properly warned agenda item regarding possible traffic calming measures on Midland Avenue,
Developer shall contribute the sum of Twenty Thousand Dollars ($20,000.00) to the City for that
purpose.
7. The recreation path in Phase III shall be constructed when foundations and
building -related site work are substantially complete for the buildings to be located on the
southern -most lots in Phase III (Lots 125, 126, 127 and 149, as shown on the Plans). Surety for
completion of the Phase III recreation path, in a value to be approved by the City, shall be
provided at the issuance of the zoning permit for the 185th Market -Rate Housing Unit to
Developer. The portion of the recreation path covered by this Paragraph runs between the
following points: (i) the terminus of the Phase I recreation path at a point south of, and adjacent
to, the South Jefferson Road/Chipman Street/Allen Road East roundabout; and (ii) a point south
2
of Allen Road East to where the recreation path intersects with Midland Avenue, all as shown on
the Plans.
8. The City will hold all recreation impact fees paid by Developer in an account, and
such fees shall be refundable to Developer by execution of a contract between the City Council
and Developer, such contract providing that Developer shall provide, in lieu of recreation fees,
in -kind recreation amenities of reasonably equal value as part of the South Village project. If
such contract cannot be developed and agreed upon by the parties hereto by June 30, 2008, all
parties hereto shall be released from this requirement and the City may add the recreation impact
fees paid by Developer to the account for all other such fees.
9. As is consistent with past practices of the City, Sureties related to infrastructure
improvements (including but not limited to water, sewer, roadways and landscaping) to be
constructed or installed at the Property shall be provided in a form and amount acceptable to the
City Attorney as zoning permit applications are submitted for development of the South Village
Proj ect.
10. Developer must obtain all necessary and final municipal and state approvals and
permits for the Project as approved by the Permit.
IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed
this Development Escrow Agreement as of the date or dates listed below.
h
Dated at .5"'a44 Vermont this / Eday of
2007.
CITY OF SOUTH BURLINGTON
By: Its City Council
By:
Its ddfy authorized agent
Print name:
3
State of Vermont
County of Chittenden, ss.
At the City of South Burlington this / 0, day of /V we"Y , 2007,
personally appeared eArfshadl4t,- Sm,,13 , a Member of the City Council of
the City of South Burlington, Vermont, and he/she acknowledged this Development
Agreement, by him/her signed, to be his/her free act and deed and the free act and deed of the
City of South Burlington, Vermont.
Dated at okFh Ukrli a✓
2007.
State of Vermont
County of Chittenden, ss.
Before me,
No lic
Print name: Stc l,rN /0 c►w,,,1
My commission expires: 2/10 11
Vermont this // day of WOO e6*.(,t - ,
Print name: David Scheuer
At this day of A/VVGM !�%- , 2007, personally
appeared David Scheuer, duly authorized agent of South Village Communities, LLC, and he
acknowledged this Development Agreement, by him signed, to be his free act and deed and the
free act and deed of the South Village Communities, LLC.
Before me,
Notary is
Print name: sf k /qa aw+N
My commission expires: 2/10 11
594371 v1:8346-00001
0
6a4KVi Ptao&,,
176. loth ago
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7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures,
Development Regulations;
e) Other minor land development activities
Officer.
pursuant to Section 3.10 of the Land
at the discretion of the Administrative
8. Pursuant to Section 15.07(D)(2) of the Land Development Regulations, no site plan
review will be required for the three (3) unit multi -family dwellings which are substantially
in compliance with the "typical" of these units included with each final plat plan for each
phase. Additionally, bicycle racks shall not be required for the buildings and landscape
bonding will be required.
9. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through this Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
10. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to reflect
proposed as part of this application.
b) The plans shall be revised to reflect
proposed development.
c) The roadway plans shall be revised
Engineer, Director of Public Works, an(
final plat.
the accurate lot and building coverages
the names/ designations of roads in the
to the mutual satisfaction of the City
Fire Chief, prior to the submission of the
11. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
12. The construction of the roadway identified as "L Street" on the plans last revised on
December 23, 2004, shall begin at the time the zoning permit for the 185th market -rate
unit is issued, and shall be substantially completed of the closing of the 2051h market -rate
unit or six (6) months, whichever is later. The amount of escrowed per unit shall be
$8100 per market -rate unit. The escrows shall continue through the sale of the 205th
market -rate unit.
15
No Text
13. Affordable and Workforce units shall be exempt from Escrows for the completion of
Street 'U'. Thirty-three (33) of the "affordable" units (at or below 80% of median income)
shall meet the City and state requirements as to perpetually affordable.
14. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
15. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
16. The applicant shall construct the southbound left -turn lane on Spear Street at the
"North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
17. The applicant shall construct southbound left -turn lane on Spear Street at the "South
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
18. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
19. The applicant shall have ninety (90) days from the expiration of all appeals to
4Wexecute a development agreement with the City Council, governing the timing and
disposition of required payments and any required sureties for roadway, intersection,
and infrastructure work.
20. The water infrastructure shall be constructed through to the existing infrastructure
terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Superintendent
of the Water Department shall approve all specifications and plans for this infrastructure.
21. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
22. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the last zoning permit for a dwelling unit in Phase 2
(Fields Edge).
23. The Recreation Path in Phase III (the Ridge Neighborhood) shall be constructed
when foundations and building -related site work are substantially completed for the
buildings on the southern -most lots in Phase III. Surety for completion of this portion of
16
(C
DEVELOPMENT ESCROW AGREEMENT
This Agreement, made by and between the City of South Burlington, Vermont, acting
through its City Council (hereinafter collectively, "City"), and South Village Communities, LLC
(hereinafter "'Developer"), a Vermont limited liability company with principal place of business
in Burlington, Vermont.
WHEREAS, Developer is or will be the owner of a certain parcel of land containing
approximately 226 acres, identified as the "Calkins" property located adjacent to Spear Street in
South Burlington ("Property");
WHEREAS, Developer desires to develop the Property as "South Village," a phased
Planned Unit Development ("PUD"), all as more particularly shown and depicted on the plans
and project description entitled "Master Plat Plan, South Village, Drawing Number S 1.0," dated
August 2004, last revised August 7, 2007, prepared by Civil Engineering Associates (the
"Plans");
WHEREAS, the City approved the Master Plan Application for the South Village project
in that certain document entitled "City of South Burlington Department of Planning and Zoning,
South Village Communities, LLC, Master Plan Application #MP-05-02, Findings of Fact &
Decision" dated February 10, 2006, and the Environmental Court amended and approved the
Master Plan Application for the South Village project by the Consent Decree and Order entered .
February 12, 2007, in Docket Nos. 27-2-06, 111-5-06, 116-5-05, 74-4-05 and 196-8-06 Vtec
(together, the "Permit");
WHEREAS, the Permit contemplates that South Village will be developed in at least
three (3) phases, and that Developer shall commence construction of the connector street from
South Village to Dorset Farms ("Connector Road") at the time that the City issues a zoning
permit for the 185th market -rate unit, and substantially complete construction of the Connector
Road at the closing on the 200th market rate unit, or within 6 months of commencement of
construction thereof, whichever is later; and
WHEREAS, the Permit requires the Developer to: (1) make certain payments in escrow
as security to assure the City that the Developer will construct and complete the Connector Road
as contemplated in the Permit and as shown on the Plan; (2) contribute the sum of $20,000 to the
City for traffic -related improvements; and (3) execute an agreement with the City Council
governing timing and disposition of payments and sureties for roadway, intersection and
infrastructure work.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The Connector Road is identified on the Plans, as follows: The Connector Road
commences at a roundabout shown on the Plan at the intersection of Chipman Street, South
Jefferson Road, and Allen Road East, and continues easterly through Phase 3, The Ridge, to
connect with Midland Avenue in the Dorset Farms Development.
2. The current Development phases are identified on the Plans as follows:
A. Phase 1 - Village Center
B. Phase 2 - Fields Edge
C. Phase 3 - The Ridge
3. A Market -Rate Housing Unit is a House, Townhouse or Condominium Unit that
is one of the 269 units approved as "market -rate housing" in the Permit.
4. In order to insure adequate funding for the construction of the Connector Road,
Developer shall establish an escrow fund as follows: Upon the sale of each Market -Rate Housing
Unit in the development, Developer shall deposit in the "South Village Escrow Fund," the sum
of Six Thousand One Hundred Dollars ($6,100.00), which can be drawn on by the Developer,
but only with the written permission of City, or, in the event of a default by Developer, by the
City, solely for the purpose of completing the Connector Road. Any and all interest accrued to
the Escrow Fund shall be retained by and in said Fund and allocated solely towards the cost of
completing the Connector Road. The City shall approve in writing any requested withdrawals by
Developer from the Escrow Fund .for this purpose. Developer shall continue to make deposits to
the Escrow Fund through the sale of the 200th Market -Rate Housing Unit by Developer. This
Escrow Fund will be administered by Developer and must be established and documented in a
manner acceptable to the City prior to the City's issuance of the first zoning permit for a
dwelling unit.
5. Developer shall commence construction of the Connector Road no later than the
time that the City issues a zoning permit for the 185th Market -Rate Housing Unit. The Connector
Road shall be substantially completed at the closing on the sale of the 200th Market -Rate
Housing Unit or in six (6) months from commencement of construction, whichever is later.
6. No later than the day before the first City Council meeting which includes a
properly warned agenda item regarding possible traffic calming measures on Midland Avenue,
Developer shall contribute the sum of Twenty Thousand Dollars ($20,000.00) to the City for that
purpose.
7. The recreation path in Phase III shall be constructed when foundations and
building -related site work are substantially complete for the buildings to be located on the
southern -most lots in Phase III (Lots 125, 126, 127 and 149, as shown on the Plans). Surety for
completion of the Phase III recreation path, in a value to be approved by the City, shall be
provided at the issuance of the zoning permit for the 185th Market -Rate Housing Unit to
Developer. The portion of the recreation path covered by this Paragraph runs between the
following points: (i) the terminus of the Phase I recreation path at a point south of, and adjacent
to, the South Jefferson Road/Chipman Street/Allen Road East roundabout; and (ii) a point south
2
of Allen Road East to where the recreation path intersects with Midland Avenue, all as shown on
the Plans.
8. The City will hold all recreation impact fees paid by Developer in an account, and
such fees shall be refundable to Developer by execution of a contract between the City Council
and Developer, such contract providing that Developer shall provide, in lieu of recreation fees,
in -kind recreation amenities of reasonably equal value as part of the South Village project. If
such contract cannot be developed and agreed upon by the parties hereto by June 30, 2008, all
parties hereto shall be released from this requirement and the City may add the recreation impact
fees paid by Developer to the account for all other such fees.
9. As is consistent with past practices of the City, Sureties related to infrastructure
improvements (including but not limited to water, sewer, roadways and landscaping) to be
constructed or installed at the Property shall be provided in a form and amount acceptable to the
City Attorney as zoning permit applications are submitted for development of the South Village
Project.
10. Developer must obtain all necessary and final municipal and state approvals and
permits for the Project as approved by the Permit.
IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed
this Development Escrow Agreement as of the date or dates listed below.
Dated at Scafh l?ar1j-,i1 fed , Vermont this 19 "day of /V oyc.r� brie
2007.
CITY OF SOUTH BURLINGTON
By: Its City Council
r
By:
Its dilly authorized agent
Print name: Sw, r f �
3
State of Vermont
County of Chittenden, ss.
At the City of South Burlington this Iq kh day of N iVcMS�Y , 2007,
personally appeared CArrf�e !J,- SA,;f-� , a Member of the City Council of
the City of South Burlington, Vermont, and he/she acknowledged this Development
Agreement, by him/her signed, to be his/her free act and deed and the free act and deed of the
City of South Burlington, Vermont.
Before me,
No lic
Print name: SA pkly /�
My commission expires: 2/10 11
Dated at okFh /�k. (, ,.� , Vermont this 0 day of Al" ,
2007.
Its duly authorized agent
Print name: David Scheuer
State of Vermont
County of Chittenden, ss.
IES, LLC
At *w this , y day of /VU1/GM SV , 2007, personally
appeared David Scheuer, cfuly authorized agent of South Village Communities, LLC, and he
acknowledged this Development Agreement, by him signed, to be his free act and deed and the
free act and deed of the South Village Communities, LLC.
Before me,
Notaryis
Print name: s�-c /Wj t1O/Ll a w4 N
My commission expires: 2/10 11
594371 v1:8346-00001
M
DEVELOPMENT ESCROW AGREEMENT
This Agreement, made by and between the City of South Burlington, Vermont, acting
through its City Council (hereinafter collectively, "City"), and South Village Communities, LLC
(hereinafter "'Developer"), a Vermont limited liability company with principal place of business
in Burlington, Vermont.
WHEREAS, Developer is or will be the owner of a certain parcel of land containing
approximately 226 acres, identified as the "Calkins" property located adjacent to Spear Street in
South Burlington ("Property");
WHEREAS, Developer desires to develop the Property as "South Village," a phased
Planned Unit Development ("PUD"), all as more particularly shown and depicted on the plans
and project description entitled "Master Plat Plan, South Village, Drawing Number SLO," dated
August 2004, last revised August 7, 2007, prepared by Civil Engineering Associates (the
"Plans");
WHEREAS, the City approved the Master Plan Application for the South Village project
in that certain document entitled "City of South Burlington Department of Planning and Zoning,
South Village Communities, LLC, Master Plan Application #MP-05-02, Findings of Fact &
Decision" dated February 10, 2006, and the Environmental Court amended and approved the
Master Plan Application for the South Village project by the Consent Decree and Order entered
February 12, 2007, in Docket Nos. 27-2-06, 111-5-06, 116-5-05, 74-4-05 and 196-8-06 Vtec
(together, the "Permit");
WHEREAS, the Permit contemplates that South Village will be developed in at least
three (3) phases, and that Developer shall commence construction of the connector street from
South Village to Dorset Farms ("Connector Road") at the time that the City issues a zoning
permit for the 185th market -rate unit, and substantially complete construction of the Connector
Road at the closing on the 2001h market rate unit, or within 6 months of commencement of
construction thereof, whichever is later; and
WHEREAS, the Permit requires the Developer to: (1) make certain payments in escrow
as security to assure the City that the Developer will construct and complete the Connector Road
as contemplated in the Permit and as shown on the Plan; (2) contribute the sum of $20,000 to the
City for traffic -related improvements; and (3) execute an agreement with the City Council
governing timing and disposition of payments and sureties for roadway, intersection and
infrastructure work.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The Connector Road is identified on the Plans, as follows: The Connector Road
commences at a roundabout shown on the Plan at the intersection of Chipman Street, South
Jefferson Road, and Allen Road East, and continues easterly through Phase 3, The Ridge, to
connect with Midland Avenue in the Dorset Farms Development.
2. The current Development phases are identified on the Plans as follows:
A. Phase 1 - Village Center
B. Phase 2 - Fields Edge
C. Phase 3 - The Ridge
3. A Market -Rate Housing Unit is a House, Townhouse or Condominium Unit that
is one of the 269 units approved as "market -rate housing" in the Permit.
4. In order to insure adequate funding for the construction of the Connector Road,
Developer shall establish an escrow fund as follows: Upon the sale of each Market -Rate Housing
Unit in the development, Developer shall deposit in the "South Village Escrow Fund," the sum
of Six Thousand One Hundred Dollars ($6,100.00), which can be drawn on by the Developer,
but only with the written permission of City, or, in the event of a default by Developer, by the
City, solely for the purpose of completing the Connector Road. Any and all interest accrued to
the Escrow Fund shall be retained by and in said Fund and allocated solely towards the cost of
completing the Connector Road. The City shall approve in writing any requested withdrawals by
Developer from the Escrow Fund .for this purpose. Developer shall continue to make deposits to
the Escrow Fund through the sale of the 200th Market -Rate Housing Unit by Developer. This
Escrow Fund will be administered by Developer and must be established and documented in a
manner acceptable to the City prior to the City's issuance of the first zoning permit for a
dwelling unit.
5. Developer shall commence construction of the Connector Road no later than the
time that the City issues a zoning permit for the 1851h Market -Rate Housing Unit. The Connector
Road shall be substantially completed at the closing on the sale of the 200th Market -Rate
Housing Unit or in six (6) months from commencement of construction, whichever is later.
6. No later than the day before the first City Council meeting which includes a
properly warned agenda item regarding possible traffic calming measures on Midland Avenue,
Developer shall contribute the sum of Twenty Thousand Dollars ($20,000.00) to the City for that
purpose.
7. The recreation path in Phase III shall be constructed when foundations and
building -related site work are substantially complete for the buildings to be located on the
southern -most lots in Phase III (Lots 125, 126, 127 and 149, as shown on the Plans). Surety for
completion of the Phase III recreation path, in a value to be approved by the City, shall be
provided at the issuance of the zoning permit for the 1851h Market -Rate Housing Unit to
Developer. The portion of the recreation path covered by this Paragraph runs between the
following points: (i) the terminus of the Phase I recreation path at a point south of, and adjacent
to, the South Jefferson Road/Chipman Street/Allen Road East roundabout; and (ii) a point south
K
of Allen Road East to where the recreation path intersects with Midland Avenue, all as shown on
the Plans.
8. The City will hold all recreation impact fees paid by Developer in an account, and
such fees shall be refundable to Developer by execution of a contract between the City Council
and Developer, such contract providing that Developer shall provide, in lieu of recreation fees,
in -kind recreation amenities of reasonably equal value as part of the South Village project. If
such contract cannot be developed and agreed upon by the parties hereto by June 30, 2008, all
parties hereto shall be released from this requirement and the City may add the recreation impact
fees paid by Developer to the account for all other such fees.
9. As is consistent with past practices of the City, Sureties related to infrastructure
improvements (including but not limited to water, sewer, roadways and landscaping) to be
constructed or installed at the Property shall be provided in a form and amount acceptable to the
City Attorney as zoning permit applications are submitted for development of the South Village
Proj ect.
10. Developer must obtain all necessary and final municipal and state approvals and
permits for the Project as approved by the Permit.
IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed
this Development Escrow Agreement as of the date or dates listed below.
fh , /
Dated at YSoa4�i i3k,./,•�,� fn� , Vermont this 19 day of /V oyc r br2
2007.
CITY OF SOUTH BURLINGTON
By: Its City Council
r
By:
Its ddfy authorized agent
Print name:
State of Vermont
County of Chittenden, ss.
At the City of South Burlington this day of Al, Vc,-Se,, 2007,
personally appeared CArf f4 4tr Smil-i , a Member of the City Council of
the City of South Burlington, Vermont, and he/she acknowledged this Development
Agreement, by him/her signed, to be his/her free act and deed and the free act and deed of the
City of South Burlington, Vermont.
Before me,
Noraryix4lic
Print name: 5hpIv,1 lO /Uj&wgw
My commission expires: 2/10 11
Dated at akFh Ilk. �i d✓ , Vermont this 0 day of Ale L 6*, -C - ,
2007.
SO
State of Vermont
County of Chittenden, ss.
Print name: David Scheuer
At A/� this day of A/vyf ^ % , 2007, personally
appeared David Scheuer, duly authorized agent of South Village Communities, LLC, and he
acknowledged this Development Agreement, by him signed, to be his free act and deed and the
free act and deed of the South Village Communities, LLC.
Before me,
Notary is
Print name: she —IV . /qa 6Wd•N
My commission expires: 2/10 11
594371 vl:8346-00001
0
This Agreement, made this I day of August 2007, by and
between the City of South Burlington, Vermont (hereinafter the
"City") and South Village Communities, LLC (hereinafter
"'Developer.") , a Vermont limited liabi.lity company with principal
place of bus ine�ss in Burlington, Vermont.
WHEREAS, Developer is or will be the owner of a certain
parcel of land containing approx--mately 226 acres, identified as
the "Caikins" property on Spear, Street in South Burlington
(hereinafter the "Property"); and
WHEREAS, the City approved the Master Plan application for
the South Village project on the Property by Findings of Fact and
Decision dated February 10, 2006, as amended by the Environmental,"
Court by Consent Decree and Order entered February 12, 2007
thereinafter the "Decision"); and
WHEREAS, Condition 19 of the Decision requires that", the
Developer "shall have ninety (90) days from, the expiration of all
appeals to execute a development agreement with the City Council,
governing the timing and disposition of required payments and any
required sureties for roadway, intersection, and infrastructure
work"; and
WHEREAS, the Developer must record a plat no la*L'er than
August 11, 2DO7, or the Decision is null and void;
NOW THEREFORE, in consideration of the terms and conditions
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, 'the
parties agree as follows:
No later than October 28, 2007, Developer shall execute with
the City Council, a roadway, intersection and infrastructure
escrow agreement, as required by the Decision, governing the
timing and disposition of required payments and any required,
sureties for roadway, intersection and infrastructure work. The
Developer shall not be granted any zoning permits for the
construction of any dwelling units approved by the Decision
unless and un.t-i]. Developer executes with the City CouncilL thie
above -described agreement.
SIGNATURES ON THE FOLLOWING PAGE
CITY CLERK'S OFFICE go
-70
ReCeive on PZ
4
Recorded in VO
of So, Burlington Land RecOr 5
,west'. 6--- j-,-Da-
Clerk
Donna S. Kinvil;e, City
Clerk
DATED at South Burlington, Vermont this rj day of August.
2007.
CITY OF SOUTH BURLINGTON
By:
Its Duly Authoried Agent
Print Name: '\A N V- T-2- I'll,
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS
At South Burlington, Vermont this V4day of August 2007,
personally appeared and he acknowledged this
Development Agreement, by him signed, to be his free act and deed
and the free act and deed of the City of South Burlington,
Vermont.
Before me,
Notar'Public
Print name: '2 't i 4 tc
my Commission Expires 2/ 0/2011
DATED at Burlington, V('!rriont "as day o st 2007.
S S MH VI � T - 4 ZTH VI W(JNTTIES, LLC
By,
His Duly Authorized Agent
Print Name:-Vqup
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS
At Burlington, V,.-�,"rmont this8fil day of. August 2007,
personally appeared MO j� and he acknowlo.r-
,-d
his Development Agrjeiient, by him signed, to be his free
deed CInd the free act and deed of Sout": Village Communit.�S.-'
Before me,
Rotar P1.i
Print name: k4d 4), c
My Commission Expires
l drym
END OF DOCUMENT
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