HomeMy WebLinkAbout1000 Dorset Street - Landscaping - 9/17/2001City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
TEL. (802) 846-4107
FAX (802) 846-4101
CITY MANAGER
CHARLES E. HAFTER
September 18, 2001
Mr, Ray Belair
Zoning Administrator
City of South Burlington
South Burlington, Vermont 05403
Re: City assurance of landscaping at second skating rink at Dorset Park
Dear Ray:
At the September 10, 2001 meeting of the City Council, the Council approved a
motion to have the City guarantee the landscape performance at the new skating
rink at Dorset Park as the City will be owner of the facility upon completion.
The motion further conditioned this security upon the signing of an indemnity
agreement between the City and the Dorset Park Skating Association. I have provided
you with a copy of this agreement which requires that the DPSA reimburse the City for
any costs associated with landscape performance requirements.
This letter provides notice that the City has the reserves to insure the $30,500 landsscape
Requirement and the legal authority to spend that reserve if necessary.
Please let me know if you need more information in this matter.
Sincerely,
Chuck Haft r
City Manager
are:
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is dated September 12, 2001. The parties to this Agreement
Dorset Park Skating Association, Inc.
1000 Dorset Street
South Burlington, VT 05403
a Vermont nonprofit corporation (the "Association"); and
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
a Vermont municipality (the "City").
Recitals
A. The Association has received approval from the City's Development Review Board for
construction of the second ice skating rink in Dorset Park. A condition of the approval is as follows:
"The applicant shall post a landcaping bond of at least $30,500 for street trees prior to the
issuance of a zoning permit. This bond shall remain in effect for three (3) years to ensure
that the landscaping has taken root and has a good chance of surviving."
B. The City has agreed to provide a bond or other acceptable security for landscaping
replacement. As a condition thereof, the City has asked the Association to agree to indemnify the
City in the event that the City's bond or other security is called on to fund any such replacement.
The Association appreciates the City's cooperation and assistance.
Agreements and Undertakings
In consideration of Ten and more Dollars and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the parties, the Association and the City agree
as follows:
1. The Association hereby covenants and agrees that it shall defend, indemnify, and hold the
City (and its elected and appointed officials, employees and agents) harmless against any loss,
damage, claim of third parties, actions, suits, demands, judgments, or expense (including legal and
other fees, costs and charges) incurred or sustained by the City as a result of any funds advanced by
the City for replacement of landscaping so required to have been installed during the three-year
period.
2. In the event that the City incurs or sustains expenses as a result of its undertakings set
forth in Section 1 and is not promptly reimbursed therefor by the Association, then the City may
pursue all legal and equitable remedies, and the Association agrees to pay the City's reasonable
attorneys' fees and costs of collection.
Generally
3. This Agreement shall be performed in the State of Vermont and shall be construed and
enforced in accordance with and governed by the laws of the State of Vermont.
4. The representations, warranties and agreements contained in this Agreement shall survive
the signing of this Agreement and the transactions contemplated by this Agreement.
5 Neither this Agreement nor any term of this Agreement may be changed, waived,
discharged or terminated orally, but only by an agreement in writing signed by the parties hereto.
6. This Agreement may be signed in any number of counterparts, each of which shall be an
original but all of which together shall constitute one and the same instrument.
7. This Agreement shall be binding on, and shall inure to the benefit of, the respective
successors and assigns of the parties.
DORSET PARK SKATING
ASSOCIATION, INC.
B
Y
Charles Cairns, President
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CITY OF SOUTH BURLINGTON
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