HomeMy WebLinkAbout0000 Quarry Hill Road - Infrastructure - 7/1/200904-0�?-0,,--,; 0e:SO tinn;
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�SGROW AG1l�,�EM7Ei��
THIS AGAEEMENT, executed in triplicate by and between
�6HiP WZ2--(1 hereinafter referred to as
Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to
as "Municipality", and the 6kij reA-) D0N
hereinafter referred to as "Bank"_
W I T N E 5 S E T H:
WHEREAS, Developer has received approval from the
Municipality for the development of a subdivision known as
and
WHEREAS, Developer is required by Said approval, at its own
expense, to complete certain improvements; and
WHEREAS, the parties to this Agreement wish to establish an
escrow account to secure the obligations of the Developer as set
forth in the City approval; and
WHEREAS, the Bank executes thIs Agreement solely in the
capacity of escrow agent.
NOW THEREFORE, the parties hereby covenant and agree as
follows:
-V.. Developer will'', at Its own e3�pernse, co-YnplelE�e the following -
improvements in connection'with its development:
w-r yThe �construction ,toQ� Qty standards dLuc TwwD necessary to service
LciTS as depicted on a plan entitled5�h1cR5�
� " by , dated
and recorded in Map Volume , 5 60-M &t6
at page of the South Burlington Land Recozds and as 0 ,0-5T61(AA)
referred to in the minutes of the meeting of the City Planning
Commission of I PAS
P,
2. Upon comp7'sfion of the public improvemeltta; -6p i9�
convey to the Municipality by properly executed warranty Deed,
free and clear of all encumbrances, the roadway, public water
and sewer utilities, and any necessary appurtenant easements.
3. The Developer shall complete the improvements set forth in
paragraph one no later than 1 LJW 30 � a o
4. The Developer shall replace or repair any faulty or
defective or improper work or materials which may appear by
IUS IQ,;;o1k provided the improvements are completed by
poet le FaX Note 7671
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WHEREAS, Developer: js -required by :said approval, -at its. 'own
expense, to complete certain improvements; and
WHEREAS, the parties to this Agreement wish to establish an
escrow account to secure the obligations of the Developer as set
forth in the City approval; and.
WHEREAS, the Bank executes this Agreement solely in the
capacity of escrow.agent..
NOW 'THEREFORE, the parties hereby covenant and agree as
follows:
1. Developer will, at .its own expense, complete the following .
improvements in connection with its development:
The construction to City standards of
4%A,%&%sY , and
public water and sewer, utilities necessary to service
a�►..,�., u:u SIW6JZv',Scw. ,If-. as depicted- on a. plan entitled
�� by t u,4 �:!1�16dated
(,���z.d� ►���o�a and recorded in Map Vo ume 51.'d. szs ,
at page 4 of .the South Burlington Land Records and as
referred to ,in the minutes of -the meeting of the City Planning
Commission of
2. Upon completion of the public improvements, Developer will
convey, to the Municipality by properly executed Warranty Deed,
free and clear of all encumbrances, the roadway, public water
and ..se,,Pfer utilities, and any necessary appurtenant easements.
3. The Developer shall complete the improvements set forth in
-paragraph one no later than
4. The Developer shall replace or repair any faulty or
defective or improper work or materials which may -.appear by
Provided the improvements are completed by
1
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04-03-09; 09:5OAM;
04/02/09 09:46 FAX 502 6601695 CHITTENDEN BANK
8028640649 # 4/
IA003/005
APR-1-2009 02:41P FRaM:CITY OF SOUTH BURLIN 80284G4101 T0:9262e240 P.2
�U" 3o,ZID . if said improvements are not completed by
OS:�_�0 �r,io , the warranty period shall. extend for two ( 2 )
full years after, completion.
For the purposb of this Agreement, ,completion" shall not
be deemed to (have occurred until 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 required
improvements are complete.
5. For the guaranty of Developer's performance of all
requirements here i1above set forth, and prior to the issuance
of any zoning permit for i"26Ap -g gnm vTlti7y Ca&6,-rfLUGT,1aA1 of the
sum of 3 O 3 1 shall be set aside and held in escrow by
the Ba k and stall be available for payment to the
Municipality in accordance with the terms herein set forth.
6. It the MuniciOlity shall file with the Hank a statement
that the Developer is in the judgement of Municipality in
default under the terms of this Agreement, the Hank shall from
time to time paxY( monies from said escrow fund .to the
Municipality, in Lounts not to exceed a total enabling the
Municipality to complete improvements and requirements set
forth in this Agreement.
7. The Municipality will promptly submit to the Developer a
-copy of such statement as it files with the Bank, The consent
of the developer to such payment by the bank to the
Municipality shall not be required. The Hank shall incur no
liablllty to the Developer on, account of making such payment
to the Municipality, nor shall the Bank be xequired to inquire
into the propriety of any claim by the Municipality of default
on the part bf the Developer or into the use of such funde by
the Municipality in completing such improvements.
8. The Municipality shall not file with the Bank a statement
of default until thirty (30) days after notice has been sent
by it to the Developer by certified mail, return receipt
requested, setting forth its intention to do so.
9. All monies
pursuant to paz
Municipality sole
imposed upon the
upon which the be
performed by the
a contractual bas
be performed by t
equipment or sha7
judgement of the
expeditiously anc
released by the Bank to the Municipality
!ag�raph six (6) shall be used by the
ly for the purpose of performing obligations
developer by that portion of this Agreement
veloper is then in default. Any work to be
Municipality pursuant hereto shall be let on
l.e, or on a time and material basis or shall
he Municipality with its own work force and
11 be accomplished in such manner as in the
Municipality shall accomplish the work most
leconomically.
2
04-03-09;00:5OAm; 802A040E49 # El
04/02/09 09:46 FAX 802 6601695 CHITTENDEN BANK .., U 004/005
aPR-1-2029 e2:42P FROM:CITY OF SUUTH SURLIN 6028464101 TO:9862e240 P-3
10. if monies are released by the Bank to the Municipality
pursuant to paragr� h six (6) and it shall later develop that
a portlon of the released monies are surplus to the
Municipality's needs, any such surplus shall be refunded by
the Municipality to, the Bank to be held and distributed by the
Bank pursuant to the terms of this Agreement.
11. The Bank will not refuse or delay to make such payments
to the Municipalit when requested by the Municipality by the
appropriate statth
ement, and Developer will not interfere said
or hinder such payments by the Bank to the Munici ality.
statement shall contain a certificate of compliance with the
notice zequirementi of paragraph eight (a) of this Agreement.
12. This Agreement shall terminate and shall be of no force
or effect upon performance of all requirements contemplated
hereby, Council'slacceptance of street(s) and the completion
of the warranty period set forth in paragraph four (4).
13. Upon request of Developer, but only after verification by
the City Engineer and written approval by the City Manager,
the Bank will release to the Developer a portion of the
escrowed funds as the construction of the road and utilities
progresses with the following schedule used as a guideline:
10% when dough grade is achieved suitable for
installation of services;
20% when sewer and water systems are completed;
10% when Rt�rm drainage is complete and base gravel is
in plac ,
15% when .au
bs and sidewalks are complete;
15% when road is paved; and
30% when road is .completed.
14. Not witheta�ding the provisions of paragraph thirteen
(13) the sum of shall be in any eVent
maintained in 486row until certification to the Hank by the
Municipality of hth' completion of the warranty period set
forth in paragraph four (4) and street(s) acceptance by the
city council. In order to accomplish the purposes of this
paragraph, the Bank will retain fifteen (3S) percent of each
payment authorized under paragraph thirteen ao that when the
final partial payment is made it will still have the total of
15in ei crow.
15_ Until such time as the Developer completes the public
improvements contemplated under this Agreement, he shall be
responsible for maintaining such imprnvementg_ if within two (2)
years after the final coat of pavement has been completed, the
Developer has not completed all requirements for street(s)
acceptance, the Developer will be required to pay the cost for snow
3
APR-1-2.009 02:42P FROM:CITY OF SOUTH BURLIH 802-6464101 TO:9e62O240 P.4
Plowing or any other requirement maintenance performed by the City
until street(s) acceptance. Escrow funds may be used by the City for
maintenance. Failure by the Developer to maintain improvements shall
constitute a basis for default under this agreement.
16. This agreement shall not only be binding upon the parties hereto, but also
their respective heirs, executers, administrators, successors and assigns.
Dated at
this day of ��� _( , 20 Q)
Witnes --�—.
By: ,
Witness Duly fhorized Agent
(DE OPERS NAME)
Dated at G' Nuld 0N
this day of i-T4(t, V 20 . _
By: ( 0'j L--�
Duly-guthoV&ed Agent
CITY OF SOUTH BURLINGTON
Dated at
this day of
Wi tnes-g
By:
Witness
10
Dj ily Authbrized Agent
(NAME OF BANK — 3Ro
Page 1 of 1
ray
From: Justin Rabidoux
Sent: Monday, May 03, 2010 9:44 AM
To: ray
Subject: Quarry Hill Escrow
Ray,
I have reviewed the April 26 letter from Deb Sherman re: Quarry Hill Dr. escrow and find their request in order.
JUSTIN RABIDOUX
DIRECTOR OF PUB[ IC WORKS/CITY ENGINEER
CITY OF SOU"ri-I BURLINGTON
575 DORSET STREET
Sovri-J BURLINGTON, VT 05408
(802) 658-7961
JRABIDOUX@SBURL COM
WWW.SBLJRL.COM
5/3/2010
LARKIN REALTY
I 410 Shelburne Road, Burlington, VT 05401 (802) 864-7444 (802) 864-0649 Fax
April 26, 2010
City of So. Burlington
Ray Belair
575 Dorset St.
So. Burlington, VT 05403
Re: Quarry Hill Drive Escrow Agreement dated July 2009
Dear Ray,
We would like to request a reduction in the Escrow amount based on the percentage of
work completed.
Value % Complete
Previous
Current Request
General site work
44,205.
57%
25,197.
23,428
1,769.
Sewer
175,965
79%
139,012.
66,866.
72,146.
Water
189,422.
90%
170,480.
161,008.
9,472.
Storm
280,911.
95%
266,865.
115,173.
151,692.
Quarry Hill Drive
302,081.
75%
226,560.
60,416.
166,144.
Pond
100,788.
100%
100,788.
100,788.
Utilities
135000.
70%
94,500.
20,250.
74,250.
Blasting
177,000.
100%
177,000.
159,300.
17,700.
GMP poles
14,830.
100%
14,830.
0
14,830.
Spear Street
158,260.
57%
90,208.
0
90,208.
Engineer
4,550.
0
Totals 1,583.013.
1,305,440.
707,229.
598,211.
Our current request is to reduce the Escrow amount by $ 598,211.
Please review and let us know if you are in agreement.
Thank you,
Deborah Sherman
Post-W Fax Note
7671
Date
(i
pagesIN.
To
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From
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1
Co./Dept.
Co.
Phone #
Phone #
Fax #
Fax #
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southurfington
PLANNING & ZONING
February 1, 2010
Deborah Sherman
Larkin Realty
410 Shelburne Road
South Burlington, VT 05403
Re: Quarry Hill Escrow Agreement Reduction
Dear Ms. Sherman:
This is in response to your request of January 20,2010 to reduce the amount in
the escrow account at the Chittenden Bank from $1,092,778 to $875,784. Your
request is hereby approved.
If you require further information, please let me know.
Since
T
Administrative Officer
575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburi.com
l
LARKIN REALTY
410 Shelburne Road, Burlington, VT 05401 (802) 864-7444 (802) 864-06491Fax
January 20, 2010
City of So. Burlington
Ray Belair
575 Dorset St.
So. Burlington, VT 05403
Re: Quarry Hill Drive Escrow Agreement dated July 2009
Dear Ray,
We would like to request a reduction in the Escrow amount based on the percentage of
work completed.
Percent complete Previous reduction Current request
General site work
53%
23,428.
13,261.
10,167.
Sewer
38%
66,866.
45,750.
21,116.
Water
85%
161,008
94,711.
66,297.
Storm
41%
115,173.
33,709.
81,464.
Quarry Hill Drive
20%
60,416.
60,416.
0.
Pond
100%
100,788,
100,788.
0.
Utilities
15%
20,250.
0.
20,250.
Blasting
90%
159,300.
141,600.
17,700.
Totals
707,229.
490,235.
216,994.
Our current request is to reduce the Escrow amount by $ 216,994.
Please review and let us know if you are in agreement.
Thank you,
Deborah Sherman
J d� ro ," S 0 mac.; 1-7 ?z1 5
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PLANNING & ZONING
November 9, 2009
Deborah Sherman
Larkin Realty
410 Shelburne Road
South Burlington, VT 05403
Re: Quarry Hill Escrow Agreement Reduction
Dear Ms. Sherman. -
This is in response to your request of October 29, 2009 to reduce the amount in
the escrow account at the Chittenden Bank from $1,583,013 to $1,092,778. Your
request is hereby approved.
If you require further information, please let me know.
Sincerely
Maymona j. belalr
Administrative Officer
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com
10-29-09;11:01AM;
;8028t,40C49 It.... -..1/ 2
Larkin Rea
410 Shelburne -Rd
Burlington, ice' 05401
(8021864.7444
To: Bray Be -Mir
From; .-','a:b &rrntaat
Date: 10129109
uaarry Hill Road Escrow
Fax number (802) 864-0649
Hi Rays
Enclosed is ra letter requesting as reduction of escrow funds based on percentages of
work completed
The requW rmuld reduce the fund f vm 1,583,013 to 1, 09 7,788.
.fee dx- enclosed figures
Please call with any quesdons.
Thankyou. ,� �' `r_J �- 0
Zi ��y zhter � dhL� e ill%i7 �,
� r �'
10-29-09;11:O1AM;
8O28G40n49 7F 2/ 2
LARKIN ALTY
410 Shelburne Road, Burlington, VT 05401 (802) 864-744 4 (802) 864-0649 Fax
October 29, 2009
City of So. Burlington
Ray Belair
575 Dorset St.
So. Burlington, VT 05403
Re: Quarry Hill Escrow Agreement dated July 2009
Bear Ray,
We would like to request a reduction in the Escrow amount based on the percentage of
work completed.
General site work 30% 13,261.
Sewer 26% 45,750.
Water 50% 94,711.
Storm 120/9 33' 709.
� ° c
Quarry Hill chive 20$ %"- 60,416. � �13 +�� G y7i
Pond 100 , 100 788. - . ,T6r v ��, / j ve-1, i'si �C„
Blasting 80% 141,600. err % ✓ n ecr '
Total $ 490,235.
Please review and let us know if you are in agreement. For any questions, please call me.
Thank you.
Deborah Shernm
-Q5-6L; 1 � _r_F•4;
01/08/2009 THU 10:48 FAX 802 860 1528 S D IRELAND INDUSTRIES
;t � / 1
a002/002
R0. 13ox 2286, S. J3tts-lingtnis, VT 05407
100 Grnve Sl;t'eet, Mirlington, V')' OS401
Ph. 1402-8634222, i;+ax 902-860- t S28
Ctuarry Hill
Scheddfe&(s
General Site Work
Sewer
Water
Storm
Spear Street
Quarry Hill Drive
Pond
T.V., Telephone, Electrical and Street Lighting
Blasting
TOTAL
$44,205.00
S175,965.00
S189,422.00
$280,913.0()
i
$302,081.o0
$100, 788.00
$135,000.00
$177,000.00
$1,563,632.00
This schedule of values is for road and utilities within the right-of-way. No building work is
included i.e., clearing, grubbing, fill, building, excavation and backfill.
0
- ..-, - . _. , 1 : . .'- F ",,
Larkin Realty
410 Shelburne Rd
Burlington, VT 05401
(802) 864-7444
Fax Cover
To: Ray Belair
From: Deb Sherman
Date: IIXI09
Project: Quarry Hill - SD 03-78
Ray,
Fax number (802) 864-0649
Enclosed is the cost breakdown of the road and utilities. Please have the city engineer
review so that we can process the bond (or Leiter o_f'Credit) as per item # 13 of the
Zoning approval.
Please call with any que-stions
Thank you,
Deb
Button Professional Land Surveyors, P.C.
20 KIMBALL AVENUE, SUITE 203 NORTH 1 LAKE STREET
SOUTH BURLINGTON, VT 05403 ST. ALBANS, VT 05478
(P) 802.863.1812 OR 800.570.0685 (P) 802.524.8555
(F) 802.383.0456 (E) WWW.BAPLS.COM
LEONARD H. AMBLO, L.S. • CHRISTOPHER A. HAGGERTY, L.S. • VAUGHN C. BUTTON. L.S
Tuesday, January 20, 2009
Larkin Realty
410 Shelburne Road
Burlington, Vermont 05401
Attention: DEBORAH SHERMAN, Project Manager
Office - 802-864-7444 x18
E-mail - debsherman@larkinrealty.net
RE: QUARRY HILL COMMUNITY BOUNDARY & RIGHT OF WAY MARKERS
Thank you for the opportunity to offer our services relative to surveying your property in South Burlington, VT.
This service includes placement of (19) 4"x4" concrete monuments, 36" in length set at the sideline of the road
sideline, as well as, placing (14) 5/8" diameter, 40" in length rebars a the newly created lot corners as shown on an
approved and recorded subdivision plat entitled, "Quarry Hill Community, 360 Spear Street, South Burlington, VT,
Remaining lands of Cupola Golf Course, 4 Lot Subdivision", prepared by Button Professional Land Surveyors, PC.
This work will conform to current standards for the practice of Land Surveying as developed and adopted by the
Vermont Board of Land Surveyors. We anticipate the following tasks and associated costs:
A. FIELD SURVEY: Placement of concrete markers defining the road sideline and setting rebars with surveyor's
caps at the newly created lot corners per the approved subdivision plat prepared by this office. The points will be
measured and laid out by a dual frequency survey grade GPS receiver in unison with a Robotic Total Station.
$ 3,400
B. OFFICE TASKS: Calculation of coordinates for the placement of the boundary markers. Checking field
measurements against recorded plat to assure field position of the markers.
$250
C. MATERIALS: (19) 4"x4" concrete monuments with survey disk and (14) 5/8" rebar with surveyor's cap.
$900
TOTAL ESTIMATED COST OF THIS PROJECT: 4 550*
"Please understand that this is an estimate, not a quote. The actual cost may be more of less than this amount due to many variables inherent to
land surveying and as further explained below.
Page 1 of 2
Tuesday, January 20, 2009
Larkin Realty
Page 2 of 2
This proposal is based upon project descriptions during conversations with you and our experience with similar projects. The actual costs of the
completed survey may be MORE or LESS than the amounts stated herein. Difficult terrain, thick vegetation, missing/destroyed monumentation,
insufficient evidence to determine boundary line location or other similar complications may arise and significantly increase the costs to
complete this survey.
This proposal does not include any provision for any proposed wastewater system design (municipal or on -site) or water supply and does not,
in any way, assure or imply that any proposed wastewater system or water supply will meet any Town or State Regulations, including, but not
limited to: required isolation distances, soil suitability, conformance of constructed system with the design plans, and the system functionality.
The proposal also does not include any stake out of any proposed wastewater system, or any part thereof. Button Professional Land Surveyors,
P.C. neither assumes nor implies any liability to any part, location, suitability, conformance or performance of any proposed or existing,
including, but not limited to: wastewater disposal system, water supply, building site, driveways/access, tree clearing, grading, storm water
control measures, and buildings.
A deposit of 25% of the estimated cost of this project (in this case, $1,137) Is required prior to beginning work. Please notify Button Professional
Land Surveyors, P.C. (BPLS) by signing the attached proposal copy, and include the deposit listed above if you accept this proposal and wish for
us to proceed (by signing and returning the attached estimate, and by including the required deposit, the client and/or the person responsible
for payment, agrees to the terms of this proposal). Please keep the proposal signed by a representative of BPLS for your records.
Full payment is due 30 days from the date of any invoice or statement. As standard practice, 1 Y2 % of the unpaid balance will be added each
month until the account is settled and payment of this interest shall be the responsibility of the client and/or person responsible for payment.
The client and/or person responsible for payment shall be responsible and accountable for any attorney's fees and/or costs of collection in the
event that said person fails to pay as agreed. The final Mylar and/or survey reports will not be released until all balances on this account are
settled with Button Professional Land Surveyors, P.C. In recognition of the relative risks and benefits of this Project to both the Client and the
Consultant (BPLS, PC), the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the
Consultant to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes,
including attorneys' fees and costs and expert -witness fees and costs, so that the total aggregate liability of the Consultant to the Client shall not
exceed the Consultant's total fee for services rendered on this Project. It is intended that this limitation apply to any and all liability or cause of
action however alleged or arising, unless otherwise prohibited by law.
We are prepared to proceed with initial reconnaissance and field setup within 5 days after receiving your deposit
and a signed copy of this proposal as authorization. Field survey is dependent on weather but could be scheduled
to begin shortly thereafter. In most cases, the final product can be available within one month of the project start
date.
If you have any questions or concerns regarding any of the items above, please contact us as soon as possible. In
order to maintain this schedule we must have your authorization to proceed before April 30, 2009. This offer is
valid until April 30, 2010.
Thank you and please call if you have any questions.
Very truly yours,
SENT VIA EMAIL
Leonard Amblo, L.S. Vermont, P.L.S. New York
Jason M. Dattilio, L.S. Vermont
Christopher Haggerty, L.S. Vermont, Class B Designer
Vaughn C. Button, L.S. Vermont
Cc: files
QUARRY HILL CLUB MARKERS Estimate Form 2008.doc
Please Print Name (Person responsible for payment)
Please Sign Name & Date (Person responsible for payment)
2
Totals by Type of Charge
Construction
Dollars Hours
Capital (10700)
$9,858.55
$43.71
Expense (18602)
$0.00
$0.00
Expense (18603)
$0.00
$0.00
Expense (25229)
$0.00
$0.00
Expense (57110)
$0.00
$0.00
Expense (58310)
$0.00
$0.00
Expense (58410)
$0.00
$0.00
Expense (59310)
$980.82
$12.00
Expense (59410)
$0.00
$0.00
Expense (59610)
$0.00
$0.00
Retirement (10890)
$163.47
$2.00
Capital Blanket Adder
Included Above
Total Construction Budget
$11,002.84
$57.71
Other
Dollars Hours
Item to Invoice (401NV)
$0.00
AFUDC (AFUDC)
$0.00
Billable (BILL)
$0.00
CAFC (CAFC)
$11,002.84
Tax Surcharge (TAXSUR)
$3,827.89
Tax Surcharge Commercial Connect (TAXSURCC)
$0.00
Total Amount Due from Customer (CAFC + TAXSUR)
$14,830.73