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HomeMy WebLinkAboutBATCH - Supplemental - 0099 Swift Street (2)AGREEMENT This Agreement dated October - , 1990, is between THE CITY OF SOUTH BURLINGTON, VERMONT ("City") and WRIGHT & MORRISSEY, INC., a Vermont corporation with principal place of business in Burlington, Vermont ("W & M"), W I T N E S S E T H: INTRODUCTORY STATEMENT On October 24, 1989 the City, through its Planning Commission, granted W & M site plan approval for the construction of a three story office building on property situated on the south side of Swift Street, South Burlington, Vermont. The said plan approval allowed W & M to access by vehicular traffic its office building property by utilizing City property known as the Farrell Park Entrance Drive. Stipulation No. 6 of the site plan approval provides as follows: "6. The applicant shall be responsible for maintaining the first 100 feet more or less of the Farrell Park Entrance Drive. A maintenance agreement shall be recorded in the land records prior to permit. The maintenance agreement shall be submitted to the City Attorney for approval prior to permit." NOW THEREFORE, pursuant to said stipulation, and in consideration of the mutual promises and covenants stated herein, the City and W & M agree as follows: 1. W & M, for itself and its successors and assigns, shall at its sole expense maintain the following described portion of the Farrell Park Entrance Drive, which entrance drive is situated on the southerly side of Swift Street, South Burlington, to wit: that portion of the Farrell Park Entrance Drive extending southerly from its intersection with Swift Street for a. distance of 100 feet more or less, the terminus of said portion shall be a line extending in an east/west direction from that point which marks the intersection of the westerly boundary of the W & M property with the southerly line of the driveway on the W & M property, which driveway extends in an easterly direction from the Farrell Park Entrance Drive. 2. "Maintain" is defined for the purposes of this Agreement as rendering all repairs to the road surface, as the need for said repairs are determined by W & M or the City, and the removal of snow and ice from the road surface, and any other reasonable maintenance to the road surface deemed necessary by W & M or the City. 3. W & M's obligations hereunder are appurtent to and shall run with the title to the real estate which is the subject of the site plan approval rendered by the City of South Planning Commission on October 24, 1989. A transfer of title to the property shall terminate the transferror's obligations under said agreement from the date of said transfer, but such a transfer shall not terminate the transferror's obligations hereunder for that period of time prior to the transfer. 4. The City in executing this Agreement hereby acknowledges that Steven Stitzel, its attorney, has reviewed and approved it. Dated at 1990. IN THE PRESENCE OF: Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. , Vermont this day of October, CITY OF SOUTH BURLINGTON By: Its Duly Authorized Agent At this day of October, 1990, , Duly Authorized Agent for the City of South Burlington, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the -.free act and deed of the City of South Burlington. Before me, IN THE PRESENCE OF: Notary Public WRIGHT & MORRISSEY, INC. am Witness Witness Its Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At this day of October, 1990, , Duly Authorized Agent of Wright & Morrissey, Inc., personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Wright & Morrissey, Inc. Before me, Notary Public WRIGHT & MORRISSEY, INC. GENERAL CONTRACTORS 346 Shelburne Street Box 421 Burlington, Vermont 05402 (802) 863-4541 Fax 865-1253 October 17, 1990 City of South Burlington Planning & Zoning So. Burlington, Vermont 05403 Attention: Mr. Joe Weith Dear Joe: Enclosed please find the following which addresses the stipulations to the approval for our 3 story 22,500 SF office building on Swift Street: 1. Landscaping Bond for $17,500 is enclosed. A revised landscaping plan which meets the full landscaping requirement is enclosed. 2. A check for $1,463 to the Shelburne Road improvement fund is enclosed. 3. A check for $3,075 for sewer impact is enclosed. 1,230 G.P.D. @ $2.50 per gallon. 4. We have retained Civil Engineering Associates to design a drainage system for the project and they have discussed this with the City Engineer. See enclosed Engineering Site Plan. 5. The drainage system will not be metal or aluminum. 6. A Maintenance Agreement is enclosed which your attorney Steve Stitzel is presently reviewing. WRIGHT & MORRISSEY, INCORPORATED October 17, 1990 Page 2 7. A building elevation is enclosed depicting that the structure will not exceed 35 feet in height from the post construction grade. 8. An extension was granted until October 24, 1990 by which time we would like to pick up the permit. 9. The parking plan has been revised to show Handicapped parking spaces closer to the building. (See Civil Engineering plan) 10. A fire hydrant has been added on -site per discussion with Civil Engineering and the Fire Chief. (See Civil Engineering plan) 11. Agreed 12. Agreed 13. Agreed 14. Water service size is shown on Civil Engineering drawings and has been reviewed with CWD. 15. A revised site plan is enclosed. (See Civil Engineering plan) I believe we have submitted and met all stipulations required to obtain the Building Permit for the project with exception of the Maintenance Agreement which your attorney is reviewing and should be forthcoming. We look forward to working with you on this project and thank you for your assistance up to this point. Please let me know if you require any additional information as soon as possible. Very truly yours, WRIG;an&i/eMl O ISSEY, NC. BY: Morrissey DBM/jl cc: Dennis Webster Steve Vock 1 r• STITLEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 TEIP'NIUNE (602) 000-2546 i1AX+602i 060-2552 f*AW A"Ml'I`I'atl In h.Y.l via fax machine October 24, 1990 Mr. Richard Ward City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Wright and Morrissey Swift Street project Dear Dick: I have attached a copy of a Maintenance Agreement between the City of South Burlington and Wright and Morrissey. This Agreement has been executed by Wright and Morrissey and is adequate to satisfy condition no. 6 of Wright and Morrissey's 1989 site plan approval. Very truly yours, 4L-i Steven F. Sti zv SFS/m1d Enclosure cc: Louis Sussman L:\SON137.cor AGREEMENT This Agreement dated October X, 1990, is between THE CITY OF SOUTH BURLINGTON, VERMONT ("City") and WRIGHT & MORRISSEY, INC., a Vermont corporation with principal place of business in Burlington, Vermont ( 1'W & M11) , W I T N E S S E T H: INTRODUCTORY STATE r! Can October 24, 1989 the City, through its planning Commission, granted W & M site plan approval for the construction of a three story office building on property situated on the south side of Swift street, South Burlington, Vermont. The said plan approval allowed W & M to access by vehicular traffic its office building property by utilizing City property known as the Farrell Park Entrance Drive. Stipulation No. 6 of the site plan approval provides as follows: f16. The applicant shall be responsible for maintaining the first 100 feet more or less of the Farrell Park Entrance Drive. A maintenance agreement shall be recorded in the land records prior to permit. The maintenance agreement shall be submitted to the City Attorney for approval prior to permit.fl NOW THEREFORE, pursuant to said stipulation, and in consideration of the mutual promises and covenants stated herein, the City and W & M agree as follows: 1. w & M, for itself and its successors and assigns, shall at its sole expense maintain the following described portion of the Farrell Park Entrance Drive, which entrance drive is situated on the southerly side of Swift Street, South Burlington, to wit: that portion of the Farrell Park Entrance Drive extending southerly from its intersection with Swift Street for a distance of 100 feet more or less, the terminus of said portion shall be a line extending in an east/west direction from that point which marks the intersection of the westerly boundary of the W & M property with the southerly line of the driveway on the W & M property, which driveway extends in an easterly direction from the Farrell Park Entrance Drive. 2. "Maintain" is defined for the purposes of this Agreement as rendering all repairs to the road surface, as the need for said repairs are determined by N & M or the City, and the removal of snow and ice from the road surface, and any other reasonable maintenance to the road surface deemed necessary by W & M or the City. 3. The obligations hereunder are appurtent to and shall run with the title to the real estate which is the subject of the site plan approval rendered by the City of South Burlington Planning Commission on October 24, 1.989, and therefore said obligations shall be binding upon W & M, and its successors and assigns. A transfer of title to the property shall terminate the transferror's obligations under said agreement from the date of said transfer, but such a transfer shall not terminate the transferror's obligations hereunder for that period of time prior to the transfer. 4. The City in executing this Agreement hereby acknowledges that Steven stitzel, its attorney, has reviewed and approved it. Dated at 1990. IN THE PRESENCE OF: Witness witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Vermont this day of October, CITY OF SOUTH BURLTNGTON Its Duly Authorized Agent At this day of October, 1090, , Duly Authorized Agent for the City of South Burl ngton, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the City of South Burlington. Before me, Notary Public IN THE PRESENCE OF: ___�... Witness itn s WRIGHT & RRYS Y, INC By: 11 an t' B: Mo is s eey Its Duly Authorizes STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington this p-.3Ad day of October, 1990, Daniel B. Morrissey, Duly Authorized Agent of Wright & Morrissey, Inc., personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Wright & Morrissey, Inc, Before me, Nota Pub c PLANNING COMMISSION 24 October 1989 page 5 Ms. Peacock moved the Planninq Commission approve the Site Plan application of Wright & Morrissey for construction of a 3-story, 22,500 sq. ft. building for office use as depicted on a site plan entitled "Wright & MOrrissey Office Building, Swift Street, So. Burlington, Vt," prepared by Wiemann-Lamphere, Architects and dated 10/13/89 with the following stipulations: 1. The applicant shall post a $17,500, 3-year landscapinq bond prior to permit. A revised landscaping plan which meets the $8,000 shortfall in required value shall be submitted to the City Planner for approval. 2. The applicant shall contribute $1,463 to the Shelburne Rd. improvement Fund based on the estimated 57 peak hour trip ends to be generated by the development. 3. A_sewer allocation of 1,230 gpd is granted assuming 82 employees. The applicant shall pay the $2,50 per gallon fee prior to permit. 4. The applicant shall hire a civil engineer to desiqn a drainage system for this project. The recommended drainage system shall be shown on the plan and shall be approved by the City Engineer prior to permit. 5. The drainage system shall be concrete or plastic, not metal or aluminum. 6. The applicant shall be responsible for maintaining the first 100 feet more or less of the Farrell Park entrance drive. A maintenance agreement shall be recorded in the land records prior to permit. The maintenance agreement shall be submitted to the City Attorney for approval prior to permit. 7. The applicant shall submit, prior to permit, elevations of the proposed building showing the height of the structure. the pre - construction qrade and post construction grade. and the building shall not exceed 35 ft. in height from post -construction grade. 8. The applicant shall obtain a building permit in 6 months_ or this approval is null and void. 9. The parking plan shall be revised to show all of the handicapped parking spaces close to the entrance of the building. 10. More fire hydrants shall be added near or on the property in a location to be approved by the Fire Chief, if the Fire Chief feels more hydrants are necessary. J PLANNING COMMISSION % 24 October 1989 page 6 11. All lightinq shall be downcast luminare. 12. Base dupon the expressed representation _of_the applicant, there shall be no trailers used for storage. 13. The Planning Commission approves_. a_ waiver of 8 required parking spaces. It is the Commission's opinion that 82 parking spaces will adequately serve the proposed use since the buildinq is multiple floors and some of the gross square footage will be taken up by unusable stairwell and elevator space. 14. Prior to permit, details showing water service size, location and material shall be submitted to the CWD for review and approval. 15. A revised site plan showninq all revisions shall be submitted to an approved by the City Planning prior to permit. Mrs. Maher seconded. Motion passed unanimously. 8._Discussion with Pat Brennan, South Burlington representative to CCRPC, regarding Act 200 Mr. Brennan showed a video on Act 200. Mrs. Maher asked about funding for towns and cities. Mr. Weith said there are 2 kinds. Each town gets an annual grant determined by growth and population. South Burlington got the third highest in the state. Also, there are special planning grants for which the city is ap- plying. Mr. Brennan noted there is an Act 200 Conference at the Windjammer on 11/17, all day. Mr. Brennan noted the Council and REgional Commissions are now formed and have the power to review and comment on regional plans. Municipal plans that expire before 7/l/91 are extended till 7/l/ 92. They have to be reviewed by the Regional Plannina Com- mission. There is a set of 32' goals which will have to be ad- dressed. He felt potential conflict areas in S. Burlington include affordable housing, transportation, and open space. The process will be to work with Reqional Planning beforehand to address the checklist. Plans will be based on population pro- jections and will be assessed to see if there is density to accom- odate the projected population as well as sewer capacity, roads, etc. When the plan is formally submitted, Reqional Planning has 60 days in which to act on it. Then they can accept or reject it.