License Committee

City Council - License Committee Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Join from PC, Mac, iPad, or Android: https://zoom.us/j/96896338563 Phone one-tap: +16469313860,,96896338563# US Join via audio: +1 646 931 3860 US Webinar ID: 968 9633 8563 International numbers available: https://zoom.us/u/aeaZSHHX2R 1. Agenda Subject 1.1. Motion to amend/adopt agenda Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 1. Agenda Department Council and Board Type Action Procedural Recommended Action Motion to amend/adopt agenda as follows: add to the consent agenda item 3.5. Indoor and Outdoor Entertainment Permit Renewals (2025-2026): see attached list 2. Public Forum Subject 2.1. Verbal Comments Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 2. Public Forum Department Council and Board Type Action Procedural Page 1 of 140  Recommended Action open Public Forum close Public Forum 3. Consent Agenda Subject 3.1. Motion to adopt the consent agenda (as amended) and take the actions indicated Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Council and Board Type Action (Consent) Procedural Recommended Action Motion to adopt the consent agenda (as amended) and take the actions indicated Subject 3.2. UVM Commencement Permit - Friday, May 16 - Sunday, May 18, 2025 - BPD Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.3. Lake Champlain Dragon Boat Festival Permit - Saturday, August 2, 2025 and Sunday, August 3, 2025 - BPD Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Police Department Type Action (Consent) Communication Information Recommended Action waive the reading, accept the communication and place it on file Subject 3.4. Tobacco and Tobacco Substitute Endorsement Renewals (2025-2026): see attached list Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Page 2 of 140  Department Clerk/Treasurer's Office Type Action (Consent) Recommended Action approve the 2025-2026 Tobacco and Tobacco Subsitute Endorsement Renewals as listed Subject 3.5. Indoor and Outdoor Entertainment Permit Renewals (2025-2026): see attached list Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 3. Consent Agenda Department Clerk/Treasurer's Office Type Action (Consent) Recommended Action approve the 2025-2026 Indoor and Outdoor Entertainment Permit Renewals as listed with all standard conditions 4. Deliberative Agenda Subject 4.1. Indoor Entertainment Permit Application (2025-2026): Arts Riot, 400 Pine Street Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the 2025-2026 Indoor Entertainment Permit Application for Arts Riot, 400 Pine Street with all standard conditions Subject 4.2. Outdoor Entertainment Permit Application (2025-2026): Arts Riot, 400 Pine Street Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the 2025-2026 Outdoor Entertainment Permit Application for Arts Riot, 400 Pine Street with all standard conditions Subject 4.3. Special Event Outdoor Entertainment Permit Application (one day only): Switchback, lawn on brewery property at 160 Flynn Avenue, May 3, 2025, 12 pm - 9 pm, Green Up Vermont Page 3 of 140 Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the one day only special event outdoor entertainment permit applicatioon for Switchback, lawn on brewery property at 160 Flynn Avenue, May 3, 2025, 12 pm - 9 pm, Green Up Vermont Subject 4.4. Special Event Outdoor Entertainment Permit Application (every Friday from May 16 - August 29, 2025): South End Get Down, 377 Pine Street, 5 pm - 11 pm Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the special event outdoor entertainment permit application (every Friday from May 16 - August 29, 2025), South End Get Down, 377 Pine Street, 5 pm - 11 pm Subject 4.5. Special Event Indoor and Outdoor Entertainment Permit Application (one day only): Plex Art Event, various locations and organizations, May 24, 2025 Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the one day only special event indoor and outdoor entertainment permit application for Plex Art Event, various locations and organizations, May 24, 2025 Subject 4.6. Special Event Outdoor Entertainment Permit Application (one day only): South End Get Down, 98 North Avenue, Saturday, June 21, 2025, 5 pm - 10 pm Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the one day only special event outdoor entertainment permit application for South End Get Down, 98 North Avenue, Saturday, June 21, 2025, 5 pm - 10 pm Page 4 of 140 Subject 4.7. Special Event Outdoor Entertainment Permit Application (one day only): Rock and Roll Playhouse, 160 Flynn Avenue, various organizations, August 23, 2025, 12 pm - 10 pm Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the one day only special event outdoor entertainment permit application for Rock and Roll Playhouse, 160 Flynn Avenue, various organizations, August 23, 2025, 12 pm - 10 pm Subject 4.8. Special Event Outdoor Entertainment Permit Application (two days only): The Pinery, Art Hop Event, September 5 - 6, 2025, 377 Pine Street Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the two day only special event outdoor entertainment permit application for The Pinery, Art Hop Event, 377 Pine Street, September 5 - 6, 2025 Subject 4.9. Special Event Outdoor Entertainment Permit Application (three days only): Oktoberfest, 377 Pine Street, September 18 - 20, 2025 Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Type Action Recommended Action approve the three day only special event outdoor entertainment permit application for Oktoberfest, 377 Pine Street, September 18 - 20, 2025 Subject 4.10. Special Event Outdoor Entertainment Permit Application (one day only): PoutineFest USA, 377 Pine Street, September 28, 2025, 11:30 am - 4:30 pm Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Clerk/Treasurer's Office Page 5 of 140 Type Action Recommended Action approve the one day only special event outdoor entertainment permit application for PoutineFest USA, 377 Pine Street, September 28, 2025, 11:30 am - 4:30 pm Subject 4.11. 177 Church Street - Encumbrance Application - Parklet for Outdoor Seating - DPW Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for Nomads VT, LLC, for the installation and use of an outdoor seating parklet at 177 Church Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025 Subject 4.12. 174 South Winooski Avenue - Encumbrance Permit Request - DPW Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for the sidewalk on the east side of South Winooski Street, and to further recommend that the City Council authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office Subject 4.13. 111 St. Paul Street - Encumbrance Application - Parklet for Outdoor Seating - DPW Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for Devil takes a Holiday, LLC, for the installation and use of an outdoor seating parklet at 111 St. Paul Street and authorize the Mayor to execute a License Agreement— approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025 Page 6 of 140  Subject 4.14. 266 College Street - Permanent License Agreement for Building Amenities - DPW Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Encumbrance Application for Greencastle Group LLC, requesting use of the City right-of-way for permanent building amenities, and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby Subject 4.15. 260, 266 College Street & 89 South Union Street - Easement Clarification Agreement - DPW Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 4. Deliberative Agenda Department Public Works Department Type Action Recommended Action to approve and recommend that the City Council approve the Easement Agreement between The College Street Parties and the City, and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby 5. Adjournment Subject 5.1. Motion to adjourn Meeting April 23, 2025 - City Council License Committee Meeting - Wednesday, April 23, 2025, 4:30 PM, Bushor Conference Room, 149 Church Street, 1st Floor Category 5. Adjournment Department Council and Board Type Action Procedural Recommended Action Motion to adjourn Page 7 of 140 Page 8 of 140 Page 9 of 140 Page 10 of 140 Page 11 of 140  2025-2026 Tobacco License and Tobacco Substitute Endorsement Renewals City Council License Committee Meeting, Wednesday, April 23, 2025 ****UPDATED**** Tobacco: Bern Gallery Cumberland Farms #8018 Cumberland Farms #8019 J & M Groceries Tobacco Substitute Endorsements: Bern Gallery Cumberland Farms #8018 Cumberland Farms #8019 Page 12 of 140  2025-2026 Tobacco License and Tobacco Substitute Endorsement Renewals City Council License Committee Meeting, Wednesday, April 23, 2025 Tobacco: Cumberland Farms #8018 Cumberland Farms #8019 J & M Groceries Tobacco Substitute Endorsements: Cumberland Farms #8018 Cumberland Farms #8019 Page 13 of 140  2025-2026 Indoor/Outdoor Entertainment License Renewals City Council License Committee Meeting, Wednesday, April 23, 2025 Indoor Entertainment License: Burlington Beer Company Drink Mr. Mikes Pizza/Sidebar Orlando’s Bar & Lounge Ruben James Spiral House Collective What Ales You Outdoor Entertainment License: Burlington Beer Company Junks Tea House Main Street Landing Page 14 of 140 Page 15 of 140 Page 16 of 140 Page 17 of 140 Page 18 of 140 Page 19 of 140 Page 20 of 140 Page 21 of 140 Page 22 of 140 Page 23 of 140 Page 24 of 140 Page 25 of 140 Page 26 of 140 Page 27 of 140 Page 28 of 140 Page 29 of 140 Page 30 of 140 Page 31 of 140 Page 32 of 140 Page 33 of 140 Page 34 of 140 Page 35 of 140 Page 36 of 140 Page 37 of 140 Page 38 of 140 Page 39 of 140 Page 40 of 140 Page 41 of 140 Page 42 of 140 Page 43 of 140 Page 44 of 140 Page 45 of 140 Page 46 of 140 Page 47 of 140 Page 48 of 140 Page 49 of 140 Page 50 of 140 Page 51 of 140 Page 52 of 140 Page 53 of 140 Page 54 of 140 Page 55 of 140 Page 56 of 140 Page 57 of 140 Page 58 of 140  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov Chapin Spencer DIRECTOR OF PUBLIC WORKS MEMORANDUM TO: License Committee/City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: April 4th, 2025 CC: Laura Wheelock, P.E. City Engineer Chapin Spencer, Director of Public Works. Peter Procaccio P.E.; Sr. Public Works Engineer Elizabeth Gohringer, Associate Planner, DPW RE: 177 Church Street - Encumbrance Application – Parklet for Outdoor Seating Request License Committee 1. DPW respectfully requests that the License Committee approve the following motion: To approve and recommend that the City Council approve the Encumbrance Application for Nomads VT, LLC, for the installation and use of an outdoor seating parklet at 177 Church Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025. City Council 1. DPW respectfully requests that the City Council approve the following motion: To approve the Encumbrance Application for Nomad’s VT, LLC, for the installation of an outdoor seating parklet at 177 Church Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025. Page 59 of 140 RE: 177 Church Street – Nomad’s VT, LLC April 4, 2025 Page | 2 of 2 Overview The Department of Public Works (DPW) received a request from Nomad’s VT on April 10th, 2025 for the installation and use of an outdoor seating area located in the right-of-way in front of 177 Church Street. The outdoor seating design meets all the requirements to occupy the Right of Way. The area will be 12 feet long by 15 feet wide covering a total area of 180 square feet. The seating area will not obstruct or block any loading zones or handicap parking spaces, and will meet or exceed ADA standards for accessibility. The amenity will not interfere with municipal or utility maintenance or operations. Schedule Nomad’s VT, LLC requests the use of the ROW for a parklet between the property line and parking stalls at 177 Church Street. This encumbrance will commence in April 5th 2025 and terminate on October 15th,2025 Recommendation It is the recommendation of DPW to support the use of this outdoor seating area under the terms of a License Agreement, in substantially the same form as the attached, between the City of Burlington and Nomad’s VT, LLC. Thank you for consideration of this request, please do not hesitate to contact me directly at ASchwencke@burlingtonvt.gov or 802-495-6176. ATTACHMENT: License Agreement (with exhibits) An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 60 of 140 Dear Licensing Committee Members, The Department of Public Works recommends approval of the Encumbrance Permit Application submitted by Nomad’s VT,LLC for the use of 180 square feet of public right-of-way at 177 Church Street. This recommendation is based on a thorough review of the application and is subject to the conditions outlined below and review by the City Attorney's Office. Nomad’s VT,LLC is requesting this encumbrance on the west side of Church Street to host an outdoor seating area which would occupy 180 square feet of City ROW. The proposal complies with the Burlington Code of Ordinances, specifically Chapter 27-31(a), which allows for encumbrances those which exceed 60 days with the approval of Licensing Committee Members. The DPW supports formalizing this through a License Agreement with an annual fee of $1 per square foot, payable through the City’s OpenGov Portal. The DPW is confident that this encumbrance will not negatively impact the functionality of the public right-of-way. Therefore, I urge the Licensing Committee and City Council to approve this request, subject to the aforementioned conditions and review by the City Attorney’s Office. Thank you for your attention to this matter. Should you require further information, I am available at ASchwencke@burlingtonvt.gov or 802-865-7562. Sincerely, Alice Schwencke Excavation Inspector Department of Public Works City of Burlington aschwencke@burlingtonvt.gov 802-495-6176 Page 61 of 140 Page 62 of 140 REN-25-7 about:srcdoc Page 63 of 140 1 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 64 of 140 2 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 65 of 140 3 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 66 of 140 4 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 67 of 140 5 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 68 of 140 6 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 69 of 140 7 of 8 4/14/2025, 9:58 AM REN-25-7 about:srcdoc Page 70 of 140 8 of 8 4/14/2025, 9:58 AM Page 71 of 140  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM DBA NAME: Nomad's VT, LLC DATE: 5/4/25 (941) 735-8306 COMPANY NAME: Nomad's VT, LLC PHONE: Mahati Mohamed eng.mohamed.ataoot@gmail.com CONTACT NAME: EMAIL: 177 Church Street Burlington VT 05403 MAILING ADDRESS: 177 Church Street, Burlington VT 05401 LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 160 square feet of the paid parking space directly in front of 111 St.Paul Street. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Signature: Alice Schwencke Date: 4/15/25 Page 72 of 140  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov MEMORANDUM TO: License Committee/City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: April 2,2025 CC: Chapin Spencer, Director of Public Works. Laura Wheelock, P.E.; Division Director, City Engineer Peter Procaccio, P.E., Sr Public Works Engineer. Jackie Esperti, Public Works Traffic Division, Manager RE: Department of Public Works –174 South Winooski Ave– Encumbrance Permit Request Request The applicant Wright and Morrissey., is requesting approval from the Licensing Committee for long-term obstruction of the public sidewalk and parking stall on the East side of S. Winooski Ave, between King Street and Main Street. As stated in Burlington Code of Ordinance Chapter 27-32(a): “No permit as required by Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council.” Overview The Department of Public Works received an application (REN 25-6) from Wright and Morrissey on March 25, 2025, requesting use of the public right of way to facilitate development on the old VFW parcel located at 174 South Winooski until February 26, 2026. Work under the project will remove and reconstruct the building to be converted into housing units. In order to reconstruct and construct the building, the applicant will require use of the sidewalk for man lift and other construction related vehicles on S. Winooski Street. This construction encumbrance permit and license agreement will allow the contractor to use the sidewalk East side of South Winooski Street throughout construction. This will allow the project to advance as quickly as possible while minimizing disturbance as much as reasonably possible to the general public. Recommendation Page 73 of 140 RE: 174 South Winooski April 2nd, 2025 Page | 2 of 2 Thank you for consideration of this request, please do not hesitate to contact me directly at Aschwencke@burlingtonvt.gov or 802-495-6176. Attachments A. Encumbrance Permit Application B. DPW Recommendation Form C. Site Plan D. Encumbrance Fees E. Certificate of Insurance Motions: License Committee: “To approve and recommend that the City Council approve the Encumbrance Application for the sidewalk on the east side of South Winooski Street, and to further recommend that the City Council authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office.” City Council: “To approve the Encumbrance Application and License Agreement for the sidewalk located off S. Union Street, and the public sidewalk and parking stall located on the south side of South Union Street directly to the adjacent of 174 South Winooski for construction activities and equipment staging, and authorize the Mayor to enter into a license agreement with the Applicant for use of the portion of the right-of-way outlined in the Application, subject to review by the City Attorney’s Office.” An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 74 of 140  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT Wright & Morrissey, Inc 99 Swift Street Suite 100, South Burlington VT 05403 This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont, and Wright & Morrissey, Inc Vermont Corporation located at 99 Swift Street Suite 100, South Burlington VT 05403 Wright & Morrissey,Inc. The City and Licensee agree to the terms and conditions of this Agreement. 1. RECITALS A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from and within each Party. B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to 174 South Winooski. Licensee has submitted a construction encumbrance application seeking the continued occupation of City right-of-way on South Winooski Street. According to Licensee’s application, it will cover 1967 square foot area of the public sidewalk, D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right- of-way. 2. DEFINITIONS A. “Effective Date” means the date on which this Agreement is approved and signed by the City as shown on the signature page of this Agreement. B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the square foot use fee annually set by the city. C. “Party” means the City or Licensee and “Parties” means both the City and Licensee. D. “Premises” means the sidewalk right-of-way on the East Side of South Winooski St. directly in front of 174 S.Winooski. E. “Property” means the commercial building lot located at 174 South Winooski in Burlington, Vermont, inclusive of the barricade fencing that are the subject of this Agreement. 3. EFFECTIVE DATE AND TERM A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date. The City shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation for any performance before the Effective Date or after the expiration or termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense, and restoration of the Premises and other City property shall survive expiration or termination hereof. B. Term. This Agreement shall commence on the Effective Date and expire on 02/26/2026 February 26, 2026. 1 Page 75 of 140  C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon termination, Licensee shall remove—at its own expense—all objects, materials, and other obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions, the City may remove all such obstructions and the Licensee shall be liable for all expenses of such removal. i. Discontinued Use. The City shall have the exclusive right to immediately terminate this Agreement should Licensee or a subsequent owner discontinue the licensed use of the premise. ii. Termination for Convenience. At any time prior to completion of services specified under this Agreement, the City may terminate the Agreement for any reason by submitting written notice via certified or registered mail to the Licensee, not less than fifteen (15) days prior to the termination date, of its intention to do so. The Licensee shall make no claim against the City by reason of such termination. iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is in breach of this Agreement. The City shall provide seven (7) days written notice in advance of the termination date. iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent to the property, and any other City property damaged, destroyed, or otherwise affected by Licensee or its officers, employees, agents, customers/invitees, successors, or assigns, within seven (7) days of receiving written notice. v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that Licensee submits a timely annual renewal application certifying that its renewal does not amend, modify or otherwise change the existing agreement, pays the requisite fees, and provides updated proof of insurance and all applicable endorsements, and provided that the Department of Public Works certifies that licensee is still in compliance with terms of this agreement. 4. GRANT OF LICENSE The City hereby grants to Licensee a license to install an outdoor seating area for dining purposes on the sidewalk directly adjacent to 174 South Winooski Ave, totaling an area of 1967 square feet for the term set forth above. Licensee may use and shall maintain the outdoor seating area existing in the City’s right-of-way. LICENSE CONDITIONS The Premises shall be maintained in accordance with all conditions set by the City of Burlington Department of Public Works (“DPW”). Such conditions shall include the following enumerated conditions, but may also be supplemented by DPW upon reasonable notice in the event DPW determines that the public safety, health and or welfare require such supplemental conditions: A. Wright & Morrissey, Inc shall take all reasonable precautions to protect the public from potential hazards resulting and emanating from the Premises due to activities related to the uses for which this encumbrance is permitted. 2 Page 76 of 140 B. Wright & Morrissey, Inc shall control the dust and dirt and other debris on the encumbered area and adjoining areas, including picking up and sweeping such dust, dirt and debris. Wright & Morrissey, Inc shall submit a dust control and street sweeping plan to DPW’s excavation inspector detailing the activities it shall take to control such dust, dirt and debris. Wright & Morrissey, Inc shall take all additional reasonable activities requested by DPW to control such dust, dirt and debris. Wright & Morrissey, Inc shall maintain all construction barriers and keep them in good, working condition. All costs associated with the maintenance and upkeep of construction barriers are solely the responsibility of Wright & Morrissey, Inc. C. Wright & Morrissey, Inc shall not allow obstructions and interferences in the lines of sight on the Premises or the adjacent construction area. D. Wright & Morrissey, Inc shall institute and properly maintain a traffic control plan for all types of vehicles and for pedestrians such that said vehicles and pedestrians are protected from hazards and dangers emanating from the Premises and the associated construction site and related construction activities. Wright & Morrissey, Inc shall erect proper signage to redirect pedestrians safely from the Premises. Wright & Morrissey, Inc shall submit a traffic control plan for pedestrians, including a plan for signage, to DPW’s excavation inspector detailing the activities it shall take to control such pedestrian traffic. Wright & Morrissey, Inc shall take all additional reasonable activities requested by DPW to control such pedestrian traffic. Wright & Morrissey, Inc shall submit a traffic control plan for vehicles, including a plan for signage, to DPW’s excavation inspector detailing the activities it shall take to control such vehicular traffic. Wright & Morrissey, Inc shall take all additional reasonable activities requested by DPW to control such vehicular traffic or pedestrian traffic to provide collaboration or cooperation with adjacent projects. DPW reserves the right to request modifications and alterations to the vehicular or pedestrian traffic control to ensure public safety throughout the duration of the project, with all costs borne by Wright & Morrissey, Inc to implement those changes. E. Wright & Morrissey, Inc shall protect all the utilities located on, about, adjoining, and adjacent to the Premises and shall protect all utilities regardless of their proximity to the Premises from all manner of harm and damage caused by activities conducted on or about or in connection with Wright & Morrissey, Inc ’s use of the Premises. Wright & Morrissey, Inc shall submit a utility protection plan to DPW’s excavation inspector detailing the activities it shall take to protect such utilities. Wright & Morrissey, Inc shall take all additional reasonable activities requested by DPW to protect such utilities. F. Without limiting its general indemnification obligations hereunder in any manner whatsoever, Wright & Morrissey, Inc shall not maintain or store any toxic or hazardous waste materials or contaminants upon the Premises. Wright & Morrissey, Inc shall defend, indemnify and save the City and its officers and employees harmless from any claims, causes of action, penalties, fines or other assessments, or the expense and cost of cleanup arising out of or in connection with said hazardous or toxic materials or contaminants upon said premises caused by Wright & Morrissey, Inc. G. Wright & Morrissey, Inc shall be responsible for removing, hauling and properly disposing any accumulated snow or ice on the Premises, or adjacent to any construction fences or barriers that cannot be removed by the City’s conventional means or methods. H. Wright & Morrissey, Inc shall be responsible for the maintenance and associated repair of approximately 1967 square feet of the street and sidewalk on of South Winooski Avenue. 3 Page 77 of 140  I. If Wright & Morrissey, Inc fails to complete the planned public improvements for restoration of encumbered city right of way, licensee shall be responsible for all associated costs in restoring the street and sidewalk to conditions approved by the DPW. J. The DPW reserves the right to extend this agreement for one additional year, provided that the licensee submit any and all documents required by the Department of Public Works that would warrant the extension of this agreement. 5. PAYMENT FOR LICENSE A. License Fee. Licensee shall pay the City an encumbrance fee, as described in Attachment A. B. Initial License Fee. By signing this Agreement, the Parties acknowledge that Licensee has paid the City the license fee for the period beginning April 25, 2026 and ending February 26, 2026 C. Parking Meter Fee. Licensee shall pay all associated parking meter fees. 6. INSURANCE A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any subsequent extension or renewals, commercial general liability insurance from an insurance carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring against all legal liability for injuries or damages suffered as a result of the exercise of privileges granted by this Agreement in an amount not less than $100,000 each occurrence, $300,000 aggregate. B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate of insurance and endorsement that includes the provision naming the City as an additional insured on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’ written notification of cancellation. If such endorsement is not reasonably available, then Licensee shall provide the City with notification of any impending cancellations within three (3) days after receipt of such notice from its insurance carrier. The current certificate of insurance and applicable endorsements are attached to this Agreement as Attachment D. C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance and applicable endorsements annually on or before the certificate’s stated expiration. It is the responsibility of Licensee to ensure that a current certificate of insurance is on file with the City at all times. 7. INDEMNIFICATION Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents, contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it 4 Page 78 of 140  under this Agreement, excepting claims arising from the City’s gross negligence or willful misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted against it to which this indemnification provision may apply, the City shall promptly thereafter notify the Licensee in writing that a claim to which the indemnification provision may apply has been received. Licensee shall promptly retain counsel and otherwise provide a complete defense against the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of any claim, and to approve all proposed settlements of clams to which this provision applies. Under no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other costs, of the Licensee or any third party. 8. RESPONSIBILITY FOR SUPERVISION: Licensee shall assume responsibility for general supervision of its contractors and any subcontractors, shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other person related to any activity or work performed in connection with this Agreement or the privileges granted to Licensee under this Agreement. 9. PUBLIC RELATIONS Throughout the performance of the work, the Licensee will endeavor to maintain good relations with the public and any affected property owners. Personnel employed by or representing the Licensee shall conduct themselves with propriety. 10. PERMITS Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing any work on the Premises or in connection with this Agreement. 11. NUISANCES PROHIBITED Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or permit the maintenance or commission of any nuisance or violation of any applicable City ordinance, State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the time of commencement of this Agreement or enacted, amended, or otherwise put into effect during the term of this Agreement. 12. INSPECTION OF WORK The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee shall provide whatever access is considered necessary to accomplish such inspections. At any time, the Licensee shall permit the City or representative for the City the opportunity to inspect any plans, drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee. 13. ASSIGNMENT OF RIGHTS If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the Property shall execute a new agreement with the City and provide proof of insurance within the sixty (60) day period. Failure to comply with this section shall constitute a discontinued use under §3.C.i of this Agreement. 5 Page 79 of 140 14. LIMITATION OF RIGHTS; PROPERTY TAXES Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other right is created other than that specifically defined and limited by this Agreement. Any property tax liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the sole responsibility of Licensee. 15. WAIVER The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time. Waiver by the City may only occur through an expressed written waiver signed by an authorized representative of the city. No waiver of a breach of any of the covenants, agreements, or provisions contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same or of any other provision in this Agreement. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement. All prior representations and understandings related to Licensee’s use of the specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. 17. MODIFICATION Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this Agreement, properly executed and approved by the Parties. 18. THIRD PARTY BENEFICIARIES This Agreement does not confer any rights or remedies upon any person or entity other the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement and do not create any right for such third parties. 19. MISCELLANEOUS If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the Parties as closely as possible; provided, however, that if any provision hereof relating to indemnification or defense for the protection of the City and its taxpayers is held to be invalid and unenforceable, then this Agreement shall have no further prospective force or effect, except that it shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers with respect to prior transactions and occurrences. This Agreement shall be construed according to Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs. 20. ATTACHMENTS 6 Page 80 of 140  The following attachments are adopted, incorporated by reference, and made part of this Agreement: A. Attachment A: Licensee’s Application B. Attachment B: Department of Public Works Encumbrance Recommendation Form C. Attachment C: Photographs and Sketches of Encroachment D. Attachment D: Certificate of Insurance 21. ORDER OF PRECEDENT This Agreement shall control over any conflicting attachment. — Signature Page Follows — 7 Page 81 of 140 22. SIGNATURE PAGE Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement may be executed electronically, and an electronic copy or other facsimile shall be treated as an original. The Parties hereto have executed this Agreement LICENSEE Wright & Morrissey, Inc By: __________________________________ [Mr. Daniel B. Morrissey, President] By: ________________________________ [Mr. Stephen T. Theriault, Vice president] Date: ____________________ CITY OF BURLINGTON By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 8 Page 82 of 140  WRIG&MO-02 KWOLFSTICH DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/12/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Kimberly Wolfstich PRODUCER NAME: Acrisure New England Partners Insurance Services, LLC PHONE FAX (A/C, No, Ext): (802) 383-1623 (A/C, No): 10 Research Parkway, Suite 400 E-MAIL Wallingford, CT 06492 ADDRESS: kwolfstich@acrisure.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : The Charter Oak Fire Insurance Company 25615 INSURED INSURER B : The Travelers Indemnity Company 25658 Wright & Morrissey, Inc. INSURER C : Travelers Property Casualty Company of America 25674 P.O. Box 421 INSURER D : Travelers Casualty and Surety Company 19038 Burlington, VT 05402 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X DT-CO-4868B643-COF-25 1/1/2025 1/1/2026 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO 810-9N275352-25-26-G 1/1/2025 1/1/2026 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE CUP-5K084883-25-26 1/1/2025 1/1/2026 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 Prod/CompOpsAgg $ 10,000,000 D WORKERS COMPENSATION X PER STATUTE OTH- ER AND EMPLOYERS' LIABILITY Y/N UB-9J509075-25-26-G 1/1/2025 1/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WC Policy Section 3.A Includes the following states: VT, NH, NY RE: Encumbrance Permit - Closure of a sidewalk along South Winooski Avenue, Burlington VT (Post Apartments project) City of Burlington is included as Additional Insured under the General Liability as per terms and conditions of attached form CG D3 16 02 19. Notice of Cancellation to Insured as per terms and conditions of attached forms: IL 02 19 06 15 (45 days/15 days for non-payment) & IL T3 20 05 19 (increases notice to 60 days/other than non-pay). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS. Burlington Public Works Encumbrance Application Dept. 645 Pine Street AUTHORIZED REPRESENTATIVE Burlington, VT 05401 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 83 of 140  COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured – Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured – Governmental D. Blanket Waiver Of Subrogation Entities – Permits Or Authorizations Relating To E. Contractual Liability – Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint A. WHO IS AN INSURED – UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II – WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED – joint venture or limited liability company, that is GOVERNMENTAL ENTITIES – PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: a. You are the sole owner of, or maintain an The following is added to SECTION II – WHO IS ownership interest of more than 50% in, such AN INSURED: subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, building code or written contract or agreement to include as an No such subsidiary is an insured for "bodily injury" additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for "bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury" arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50% in such subsidiary; or entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50% in such subsidiary. operations performed for the governmental entity; or For purposes of Paragraph 1. of Section II – Who Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated in the Declarations as: included in the "products-completed operations hazard". CG D3 16 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 84 of 140 Page 85 of 140 Page 86 of 140 POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 60 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: PROVISIONS B. If we do not renew this policy for any legally A. If we cancel this policy for any legally permitted permitted reason other than nonpayment of reason other than nonpayment of premium, and a premium, and a number of days is shown for number of days is shown for Cancellation in the When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of Schedule above, we will mail notice of cancellation at least the number of days shown nonrenewal at least the number of days shown for for Cancellation in such Schedule before the When We Do Not Renew (Nonrenewal) in such effective date of cancellation. Schedule before the effective date of nonrenewal. IL T3 20 OS 19 ©2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Page 87 of 140  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM 4/15/25 DBA NAME: DATE: Wright & Morrissey 802-863-4541 COMPANY NAME: PHONE: Hunter Gomez info@wmorrrissey.com CONTACT NAME: EMAIL: 99 Swift Street, S. Burlington VT 05403 MAILING ADDRESS: 184 South Winooski Ave and 211 Main Street LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: SDI to reconstruct encumbered sidewalk according to Burlington Great streets protocol and design standards 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 1967 square feet of the sidewalk on the East side of South Winooski. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Signature: Alice Schwencke Date: 3/21/25 Page 88 of 140 Dear Licensing Committee Members, The Department of Public Works recommends approval of the Encumbrance Permit Application submitted by Wright & Morrissey, INC for the use of 1967 square feet of public right-of-way at 174 South Winooski Ave. This recommendation is based on a thorough review of the application and is subject to the conditions outlined below and review by the City Attorney's Office. Wright & Morrissey, Inc is requesting this temporary encumbrance on the east side of S. Winooski Street. Wright & Morrissey, Inc. is demolishing the current building, and making way for 38 new permanently affordable apartments, with five set aside for unhoused Veterans. Wright & Morrissey is also planning on reconstructing the adjacent sidewalks to comply with Burlington great street standards. During construction Wright & Morrissey will be occupying the East Side of S.Winooski with a 6’-0” temporary Construction fencing to the edge of the sidewalk Wright & Morrissey plans on utilizing the encumbered space to operate a boom lift/ Man lifts to construct the façade of the building. The proposal complies with the Burlington Code of Ordinances, specifically Chapter 27-31(a), which allows for encumbrances those which exceed 60 days with the approval of Licensing Committee Members. The DPW supports formalizing this through a License Agreement with an annual fee of $1 per square foot, payable through the City’s OpenGov Portal. Therefore, I urge the Licensing Committee and City Council to approve this request, subject to the aforementioned conditions and review by the City Attorney’s Office. Sincerely, Thank you for your attention to this matter. Should you require further information, I am available at ASchwencke@burlingtonvt.gov or 802-865-7562. Sincerely, Alice Schwencke Excavation Inspector Department of Public Works City of Burlington aschwencke@burlingtonvt.gov 802-495-6176 Page 89 of 140  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov Chapin Spencer DIRECTOR OF PUBLIC WORKS MEMORANDUM TO: License Committee/City Council FROM: Alice Schwencke, Excavation Inspector, Department of Public Works DATE: April 4th, 2025 CC: Laura Wheelock, P.E. City Engineer Chapin Spencer, Director of Public Works. Peter Procaccio P.E.; Sr. Public Works Engineer Elizabeth Gohringer, Associate Planner, DPW RE: 111 St. Paul Street - Encumbrance Application – Parklet for Outdoor Seating Request License Committee 1. DPW respectfully requests that the License Committee approve the following motion: To approve and recommend that the City Council approve the Encumbrance Application for Devil takes a Holiday, LLC, for the installation and use of an outdoor seating parklet at 111 St. Paul Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025. City Council 1. DPW respectfully requests that the City Council approve the following motion: To approve the Encumbrance Application for Devil takes a Holiday, LLC, for the installation of an outdoor seating parklet at 111 St.Paul Street and authorize the Mayor to execute a License Agreement—approved by the City Attorney’s Office—on behalf of the City of Burlington for a term commencing on the date of execution and terminating on October 15, 2025. Page 90 of 140 RE: 111 St.Paul Street –Devil Takes a Holiday, LLC April 4, 2025 Page | 2 of 2 Overview The Department of Public Works (DPW) received a request from Devil takes a Holiday on February 5th, 2025 for the installation and use of an outdoor seating area known as a parklet located in the right-of-way in front of 111 St. Paul Street. The parklet design meets all the requirements to occupy the Right of Way. The structure will be 12 feet long by 6 feet wide covering a total area of 72 square feet. The parklet will occupy one metered parking spaces directly in front of 111 St.Paul Street. The parklet will not obstruct or block any loading zones or handicap parking spaces, and will meet or exceed ADA standards for accessibility. The amenity will not interfere with municipal or utility maintenance or operations. Parklet shall be constructed to meet DPW Great Street standards, and will be easily disassembled and relocated if required in the event of an emergency. Floor elevation of the structure will be even with the height of the curb and sidewalk grade, to create a flush transition from sidewalk to parklet. Storm water will flow unimpeded below the decking and along the curb line. No utility connections to the structure are required. Work will commence on the installation of the parklet once the council has approved the license for Devil takes a Holiday. Installation of the parklet should take no longer than one week. There will be a onetime fee, currently set at $3225.00, for this encumbrance. Schedule The Devil takes a Holiday, LLC requests the use of the ROW for a parklet between the property line and parking stalls at 111 St.Paul Street. This encumbrance will commence in April 5th 2025 and terminate on October 15th,2025 Recommendation It is the recommendation of DPW to support the use of this outdoor seating parklet under the terms of a License Agreement, in substantially the same form as the attached, between the City of Burlington and Devil takes a Holiday, LLC. Thank you for consideration of this request, please do not hesitate to contact me directly at ASchwencke@burlingtonvt.gov or 802-495-6176. ATTACHMENT: License Agreement (with exhibits) An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 91 of 140  ENCUMBRANCE PERMIT AND LICENSE AGREEMENT DJINN, LLC 111 Saint Paul Street, Burlington VT This Long-term Encumbrance Permit and License Agreement (“Agreement”) is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont (“City”), and DJINN, LLC, d/b/a Devil Takes a Holiday, LLC a domestic limited liability company located at 111 Saint Paul Street, Burlington, Vermont 05401 (“Licensee”). The City and Licensee agree to the terms and conditions of this Agreement. 1. RECITALS A. Authority. Authority to enter into this Agreement exists in the City Charter and Burlington City Ordinance 27-32. Required approvals, clearance, and coordination have been accomplished from and within each Party. B. Consideration. The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Background. The City owns property, including the street and sidewalk right-of-way adjacent to 111 Saint Paul Street. The Licensee has received approval to install a parklet for an outdoor seating area within the eight by twenty parking space within the public right-of-way directly in front of to the premises. D. Purpose. This Agreement sets forth the terms and conditions for the allowed use of the public right-of-way. 2. DEFINITIONS A. “Effective Date” means the date on which this Agreement is approved and signed by the City as shown on the signature page of this Agreement. B. “Encumbrance Fee” means the sum of the encumbrance application fee, and the yellow top meter fee until October 15th 2025. C. “Party” means the City or Licensee and “Parties” means both the City and Licensee. D. “Premises” means the yellow top parking space directly in front of 111 Saint Paul Street. E. “Property” means the outdoor seating parklet that is the subject of this Agreement. 1 Page 92 of 140 3. EFFECTIVE DATE AND TERM A. Effective Date. This Agreement shall not be valid or enforceable until the Effective Date of May 15th. The City shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation for any performance before the Effective Date or after the expiration or termination of this Agreement. Licensee’s obligations hereunder for indemnification, defense, and restoration of the Premises and other City property shall survive expiration or termination hereof. B. Term. This Agreement shall commence on the Effective Date of May 15th, 2025 and expire on October 15th, 2025. C. Termination. This Agreement may be terminated as set forth in this paragraph (C). Upon termination, Licensee shall remove—at its own expense—all objects, materials, and other obstructions placed on the Premises. If Licensee refuses to promptly remove such obstructions, the City may remove all such obstructions and the Licensee shall be liable for all expenses of such removal. i. Discontinued Use. The City shall have the exclusive right to immediately terminate this Agreement should Licensee or a subsequent owner discontinue the licensed use of the premise. ii. Termination for Convenience. At any time prior to completion of services specified under this Agreement, the City may terminate the Agreement for any reason by submitting written notice via certified or registered mail to the Licensee, not less than fifteen (15) days prior to the termination date, of its intention to do so. The Licensee shall make no claim against the City by reason of such termination. iii. Breach. The City shall have the exclusive right to terminate this Agreement if Licensee is in breach of this Agreement. The City shall provide seven (7) days written notice in advance of the termination date. iv. Non-Compliance. If any of the License Conditions are not met to the satisfaction of the City, the Licensee will be responsible for restoration of the Premises, the sidewalk adjacent to the property, and any other City property damaged, destroyed, or otherwise affected by Licensee or its officers, employees, agents, customers/invitees, successors, or assigns, within seven (7) days of receiving written notice. v. Renewal. This agreement shall be renewable annually for a one (1) year term provided that Licensee submits a timely annual renewal application certifying that its renewal does not amend, modify or otherwise change the existing agreement, pays the requisite fees, and provides updated proof of insurance and all applicable endorsements, and provided that the Department of Public Works certifies that licensee is still in compliance with terms of this agreement. 2 Page 93 of 140 4. GRANT OF LICENSE The City hereby grants to Licensee a license to install an outdoor seating parklet for dining purposes within the City right of way yellow top meter parking space directly in front 111 Saint Paul Street, totaling an area of 160 square feet for the term set forth above. Licensee may use and shall maintain the outdoor seating parklet existing in the City’s right-of-way. 5. LICENSE CONDITIONS A. Maintenance. Licensee shall maintain the parklet to the satisfaction of the City, which includes maintaining it in a safe, proper, and working condition. Licensee shall be solely responsible for all costs associated with maintenance, upkeep, repair, and replacement of outdoor seating amenities. B. Placement. The featured seating shall be placed and maintained in accordance with all conditions set by the Department of Public Works in the approved plan (Attachment C) and shall not impede the City’s or any other private or public utilities’ ability to maintain the sidewalk, parking meters, greenbelt, utility infrastructure, or any other City or private property. The amenity shall not cause an obstruction or inconvenience to members of the public accessing the road, sidewalk, parking meters, greenbelt or any other City or private property. The parklet shall be removed from the public right of way when the term of this agreement has expired. Notwithstanding anything to the contrary herein, it is Licensee’s obligation to ensure the approved plan complies with applicable laws, including the Americans with Disabilities Act, all applicable regulations and design standards promulgated thereunder, and other applicable disability access laws. Any analysis done by the City regarding compliance of the plan with applicable laws is for the City’s sole and exclusive benefit, and Licensee shall not rely thereon. If the plan fails to comply with applicable laws, including disability access laws, then it is Licensee’s obligation to comply with the law and to request the City’s ratification of any change from the plan shown in Attachment C as soon as reasonably possible. An amendment to the plan in Attachment C to comply with applicable law shall require the written approval of the Public Works Director or designee without a formal amendment to this Agreement. C. Appearance. Licensee shall pick up and sweep debris created by its use of the public right-of- way. F. Emergency Access. In the event of an emergency relating to municipal operations, the City shall have the authority to remove or relocate the amenity to access any public infrastructure deemed necessary. License shall be solely responsible for all cost associated with relocation of seating area, and returning the structure the approved location in this agreement. 6. PAYMENT FOR LICENSE A. License Fee. Licensee shall pay the City an Encumbrance Fee, as described in Attachment A. 3 Page 94 of 140  B. Initial Encumbrance Fee. By signing this Agreement, the Parties acknowledge that Licensee has paid the City the encumbrance fee for the period beginning May 15th, 2025 and ending October 15, 2025. C. Yellow top Meter fee. Licensee is responsible for paying associated meter fees for the usage of the parking space direct in front of 111 St. Paul Street which total to the amount of Three thousand and forty-eight dollars and zero cents ($3048.00) 7. INSURANCE A. Requirement. Licensee shall maintain throughout the term of this Agreement, and any subsequent extension or renewals, commercial general liability insurance from an insurance carrier rated A-:VII or higher by A.M. Best Co. and admitted in the State of Vermont, insuring against all legal liability for injuries or damages suffered as a result of the exercise of privileges granted by this Agreement in an amount not less than $100,000 per occurrence, $300,000 aggregate as stated in 27-32(c). The City shall be named as an additional insured on such insurance policy, on a primary, noncontributory basis as evidenced in a Certificate of Insurance acceptable to the City with copies of the required endorsement attached. B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate of insurance and endorsement that includes the provision naming the City as an additional insured on a primary, non-contributory basis and waiving subrogation against the City. Licensee shall take all reasonable efforts to acquire an endorsement providing the City with thirty (30) days’ written notification of cancellation. If such endorsement is not reasonably available, then Licensee shall provide the City with notification of any impending cancellations within three (3) days after receipt of such notice from its insurance carrier. The current certificate of insurance and applicable endorsements are attached to this Agreement as Attachment D. C. Continuing Obligation. Licensee shall provide the City with an updated certificate of insurance and applicable endorsements annually on or before the certificate’s stated expiration. It is the responsibility of Licensee to ensure that a current certificate of insurance is on file with the City at all times. 8. INDEMNIFICATION Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from liability for any claims, suits, expenses, losses, judgments, penalties, fines, costs (including attorneys’ fees and costs), and damages arising as a result of the Licensee’s acts and/or omissions, and the acts and/or omissions of Licensee’s officers, directors, employees, agents, contractors, subcontractors, customers/invitees, successors, or assigns arising from or related to Licensee’s use of the Premises or in connection with this Agreement or the privileges granted to it under this Agreement, excepting claims arising from the City’s gross negligence or willful misconduct. If the City, its officers, officials, agents, or employees are notified of any claims asserted against it to which this indemnification provision may apply, the City shall promptly thereafter notify the Licensee in writing that a claim to which the indemnification provision may apply has been 4 Page 95 of 140  received. Licensee shall promptly retain counsel and otherwise provide a complete defense against the entire claim or suit. The City retains the right to participate, at its own expense, in the defense of any claim, and to approve all proposed settlements of clams to which this provision applies. Under no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other costs, of the Licensee or any third party. 9. RESPONSIBILITY FOR SUPERVISION: Licensee shall assume responsibility for general supervision of its contractors and any subcontractors, shall be solely responsible for all procedures, methods, and work, and shall be responsible to the City for all acts or omissions of its officers, employees, agents, contractors, subcontractors, or any other person related to any activity or work performed in connection with this Agreement or the privileges granted to Licensee under this Agreement. 10. PUBLIC RELATIONS Throughout the performance of the work, the Licensee will endeavor to maintain good relations with the public and any affected property owners. Personnel employed by or representing the Licensee shall conduct themselves with propriety. 11. PERMITS Licensee shall be responsible for obtaining all necessary City and/or State permits prior to performing any work on the Premises or in connection with this Agreement. 12. NUISANCES PROHIBITED Licensee shall not—during the term of this Agreement—on or in the Premises, maintain, commit, or permit the maintenance or commission of any nuisance or violation of any applicable City ordinance, State or Federal statute, or controlling law, regulation, or condition imposed whether existing at the time of commencement of this Agreement or enacted, amended, or otherwise put into effect during the term of this Agreement. 13. INSPECTION OF WORK The City shall, at all times, have access to the Premises for the purposes of inspection and the Licensee shall provide whatever access is considered necessary to accomplish such inspections. At any time, the Licensee shall permit the City or representative for the City the opportunity to inspect any plans, drawings, estimates, specifications, or other materials prepared or undertaken by the Licensee. 14. ASSIGNMENT OF RIGHTS 5 Page 96 of 140  If Licensee sells the Property, Licensee may temporarily assign the privileges granted herein to the new owner of the Property for a period of sixty (60) days after closing. Any subsequent owner of the Property shall execute a new agreement with the City and provide proof of insurance within the sixty (60) day period. Failure to comply with this section shall constitute a discontinued use under §2.C.i of this Agreement. 15. LIMITATION OF RIGHTS; PROPERTY TAXES Licensee acknowledges that no title, estate, leasehold, easement, or other property interest or other right is created other than that specifically defined and limited by this Agreement. Any property tax liability arising from this Agreement under Vermont law, notwithstanding the foregoing, shall be the sole responsibility of Licensee. 16. WAIVER The City’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, notwithstanding the passage of time. Waiver by the City may only occur through an expressed written waiver signed by an authorized representative of the City. No waiver of a breach of any of the covenants, agreements, or provisions contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same or of any other provision in this Agreement. 17. ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement. All prior representations and understandings related to Licensee’s use of the specified portions of the City’s right-of-way, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. 18. MODIFICATION Modifications to this Agreement shall only be valid if agreed to in a formal written amendment to this Agreement, properly executed and approved by the Parties. 19. THIRD PARTY BENEFICIARIES This Agreement does not confer any rights or remedies upon any person or entity other the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement and do not create any right for such third parties. 20. MISCELLANEOUS 6 Page 97 of 140 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall remain in effect as necessary to effectuate the original intent of the Parties as closely as possible; provided, however, that if any provision hereof relating to indemnification or defense for the protection of the City and its taxpayers is held to be invalid and unenforceable, then this Agreement shall have no further prospective force or effect, but it shall be enforced to the fullest extent allowed by law for the protection of the City and its taxpayers with respect to prior transactions and occurrences. This Agreement shall be construed according to Vermont law, notwithstanding conflicts of law principles, and venue for any dispute arising from this Agreement shall be proper in Chittenden County, Vermont, notwithstanding any other law. This Agreement shall not be construed its drafter. In case of any dispute arising from this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs. 21. ATTACHMENTS The following attachments are adopted, incorporated by reference, and made part of this Agreement: A. Attachment A: Licensee’s Application B. Attachment B: Department of Public Works Encumbrance Recommendation Form C. Attachment C: Photographs and Sketches of Encroachment D. Attachment D: Certificate of Insurance 22. ORDER OF PRECEDENT This Agreement shall control over any conflicting attachment. 7 Page 98 of 140  — Signature Page Follows — 23. SIGNATURE PAGE Persons signing for the Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement may be executed electronically, and an electronic copy or other facsimile shall be treated as an original. The Parties hereto have executed this Agreement LICENSEE DJINN,LLC By: __________________________________ Taylor Watts, Owner By: ________________________________ Robert Downey, Manager Date: ____________________ CITY OF BURLINGTON Mayor Emma Mulvaney-Stanak By: _________________________________ Mayor Emma Mulvaney-Stanak Date: ____________________ 8 Page 99 of 140 REN-25-4 about:srcdoc Page 100 of 140 1 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 101 of 140 2 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 102 of 140 3 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 103 of 140 4 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 104 of 140 5 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 105 of 140 6 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 106 of 140 7 of 8 4/4/2025, 1:21 PM REN-25-4 about:srcdoc Page 107 of 140 8 of 8 4/4/2025, 1:21 PM  DJINLLC-01 WPARENT DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/17/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Connie Reed PRODUCER NAME: Acrisure New England Partners Insurance Services, LLC PHONE FAX (A/C, No, Ext): (802) 383-1619 (A/C, No): 10 Research Parkway, Suite 400 E-MAIL Wallingford, CT 06492 ADDRESS: coreed@acrisure.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Cincinnati Specialty Underwriters Insurance Company 13037 INSURED INSURER B : Associated Industries Of Massachusetts Mutual Insurance Compan 33758 DJINN LLC INSURER C : 115 St. Paul St. INSURER D : Burlington, VT 05401 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X CSU 0220609 11/13/2024 11/13/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: Liquor Liab. $ 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION X PER STATUTE OTH- ER AND EMPLOYERS' LIABILITY Y/N WMZ-800-8008360-2024A 5/1/2024 5/1/2025 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A 500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 500,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured status applies on the General Liability per terms and conditions of attached form CG 20 12 12 19. 30 Day Notice of Cancellation applies per terms and conditions of attached form CSGA 4094 06 16. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS. Burlington Public Works Encumbrance Application Dept. 645 Pine St AUTHORIZED REPRESENTATIVE Burlington, VT 05401 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 108 of 140 Page 109 of 140 Page 110 of 140  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM DBA NAME: Devil takes a Holiday, LLC DATE: 5/4/25 (941) 735-8306 COMPANY NAME: Beamer Project, LLC PHONE: Hunter Gomez taylor@deviltakesaholiday.com CONTACT NAME: EMAIL: 111 St.Paul Street Burlington VT 05403 MAILING ADDRESS: 111 St. Paul Street, Burlington VT 05401 LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 160 square feet of the paid parking space directly in front of 111 St.Paul Street. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Signature: Alice Schwencke Date: 3/21/25 Page 111 of 140  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov MEMORANDUM TO: License Committee FROM: Caleb Manna, Associate Public Works Engineer, Department of Public Works DATE: April 23, 2025 CC: Peter Procaccio, P.E.; Senior Public Works Engineer Chapin Spencer, Director of Public Works. Laura Wheelock, P.E.; Assistant Director of Public Works/City Engineer Jackie Esperti, Director of Parking Services RE: 266 College Street –Permanent License Agreement for Building Amenities Request The applicant, Greencastle Group, LLC (Greencastle), owner of the building located at 266 College Street, in conjunction with Seizan Capital College Street LLC, is requesting approval for a License Agreement between the City and Greencastle for use of the public right-of-way located at the northwest corner of College and South Union Street adjacent to the property. The request, if approved, will formally acknowledge an underground stormwater system, an exterior staircase, a portion of the building foundation footing, and a support of excavation system (SOE) made of steel soldier piles and wooden lagging. As stated in Burlington Code of Ordinance Chapter 27-32(a): “No permit as required by Section 27-31 shall be for longer than sixty (60) days, except as authorized by the city council.” Overview Department of Public Works received a request from Greencastle and their contractor, ReArch, on February of 2025, to occupy a city owned parcel containing a public parking lot, and a portion of city owned right of way on S. Union and College St. to facilitate construction activities related to the demolition and reconstruction of the building. The Licensing Committee of City Council approved and recommended this request be approved by full City Council on March 19th 2025. Approval was received on the March 24th 2025 City Council Meeting. During this time, DPW, ReArch, and Greencastle had several meetings to discuss permanent building features located in the city right of way, as shown on the approved Zoning Permit site plan ZP 25-8. To the best extent possible, design of permanent building features should make Page 112 of 140 RE: 266 College St Permanent License Agreement April 23th, 2025 Page | 2 of 3 every effort to be contained to the parcel lot. Due to the unique characteristics of the site, a variance was requested to allow building amenities in the right of way. The permanent building features include a concrete exterior staircase on the College Street side, a stormwater treatment and detention system for stormwater generated on site, a portion of the building foundation footing on South Union Street that exists currently and will be replaced, and a support of excavation system consisting of steel soldier piles and wooden lagging. The exterior concrete staircase and building footings exists currently in the city right of way, and are not a burden to municipal operations. The stormwater system is required to be installed to comply with state and local regulations, and is intended to relieve demand on the municipal wastewater treatment center. After several discussions, and to avoid potential issues with impacts to the building foundation and the streetscape of the city right of way, DPW recommends the SOE be abandoned in place under the following conditions:  SOE system to be abandoned 8’ below finish street grade in all locations of city property and city right of way.  Indicator marking tape to be placed 12-18” above SOE  Provide updated site plan showing proposed location of revised SOE  Provide as-built location of SOE to city Permeant building amenities located in city right of way will be subject to the $1/square foot fee defined in Burlington Code of Ordinance Chapter 27-32 Recommendation The Department of Public Works is supportive of entering a License Agreement between the applicant and the City. Thank you for consideration of this request, please do not hesitate to contact me directly at CManna@burlingtonvt.gov or 802-865-7562. Attachment A. DPW Recommendation Form B. Structural/Site Plan C. Helical SOE Letter D. Certificate of Insurance An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 113 of 140 RE: 266 College St Permanent License Agreement April 23th, 2025 Page | 3 of 3 Motions: License Committee: “To approve and recommend that the City Council approve the Encumbrance Application for Greencastle Group LLC, requesting use of the City right-of-way for permanent building amenities, and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby”. City Council: “To approve and recommend that the City Council approve the Encumbrance Application and License Agreement for Greencastle Group LLC, requesting use of the City right-of-way for permanent building amenities and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby”. An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 114 of 140  W I T N E S S E T H: The City and Licensee enter into the following License Agreement: The City of Burlington (the “CITY”) grants to 266 Greencastle, LLC and Seizan Capital College Street, LLC (collectively, with their successors and assigns, “LICENSEE”) an exclusive license to occupy a portion of the right-of-way (the portion of the right of way occupied by the stormwater system, exterior staircase, a support of excavation system, and a portion of the building foundation shall be referred to herein as (“Amenities”) to occupy, use, repair, replace and maintain the Amenities connected to the Property (“License”) substantially as depicted on Exhibit C (Structural/Site Plan), which plan is attached hereto and made a part hereof. 1. The initial term of this License shall expire at midnight on April 30, 2045. Thereafter, this License shall be automatically renewed for successive, twenty (20) year periods. 2. Termination. This Agreement may be terminated as set forth below. Upon termination, Licensee shall remove—at its own expense—the Amenities as provided in Section 15. If Licensee refuses to promptly remove the Amenities, the City may remove it and the Licensee shall be liable for all expenses of such removal. A. Discontinued Use. The City shall have the exclusive right to terminate this Agreement should Licensee or authorized assignee(s), heirs, or successors discontinue the licensed use of the Amenities, which discontinuance must be confirmed by Licensee in writing. Discontinuance of the licensed use of the Amenities for the purposes of this Section 2(A) will mean: abandonment of the Amenities, signified by an action of the Licensee indicating permanent disuse. B. Breach. Licensee shall be in default if Licensee fails in any manner to fully perform and carry out each and all conditions of this Agreement. The City shall give Licensee written notice of such default. If Licensee does not within thirty (30) days of receipt of written notice of default, or such longer time period as may be permitted by the City, either cure such default or provide a plan to the City of how it will cure such default which is reasonably acceptable to the City, then the City may terminate this Agreement for cause. Licensee shall also be required to undertake reasonable and diligent steps towards executing the cure described in said plan. C. Licensee’s option to terminate. Notwithstanding any other provision of this Agreement, Licensee may terminate this Agreement and the License at any time upon written notice to the City, subject to Licensee’s obligations upon termination under this Agreement. 3. This Agreement shall run with the title to the Property and shall bind, and inure to the benefit of, Licensee and its successors and assigns. Page 115 of 140 4. Licensee agrees to pay an annual License Fee with the execution of this Agreement of $656.00 in consideration of the rights and privileges granted in this Agreement. Thereafter, the annual License fee shall be paid to the City’s Department of Public Works Customer Service, following receipt of an invoice from the City, on or before April 30th of each subsequent year. The City shall invoice LICENSEE each year for the annual License Fee at least thirty (30) days before it is due. An additional renewal fee of twenty-five dollars ($25.00) shall be due with the annual license fee on the first year of each renewed twenty-year license term. 5. Licensee shall be responsible for the maintenance and upkeep of the Amenities at its expense in good condition, such that the condition of the Amenities does not create a hazard to public safety. 6. Licensee will comply with the following conditions: A. LICENSEE shall not be considered in default and this Agreement shall not terminate based upon LICENSEE’s failure to submit to the City the written report of the inspection of the Amenities absent written notice by the City to LICENSEE of the default and LICENSEE’s failure to cure as described in Section 2(B). B. Licensee must maintain the Amenities, walls, beams, supports, slab, connections, and the top surface of this area; C. Licensee shall maintain the surface finish of the sidewalk above the Amenities with brick, or such other material equivalent to that the City may use for the surface of the adjacent sidewalk, in good and reasonable condition commensurate with its intended use; D. While snow and ice removal within the ROW is generally the responsibility of the City, Licensee is allowed to clear snow and ice independent of the City’s efforts; and 7. Licensee shall be responsible for obtaining all necessary City permits, including excavation, obstruction, meter bag, zoning, and building permits, prior to any repair, maintenance or reconstruction of the Amenities. The plans for future maintenance, repair or reconstruction of the Amenities and associated appurtenances shall be subject to applicable local ordinances, federal and state statutes and rules. All work done and improvements made by Licensee pursuant to this Agreement in connection with the Amenities shall be completed in accordance with the governmental approvals and permits issued to Licensee and shall be made at Licensee’s sole cost and expense. 8. Licensee shall restore the ROW materially damaged by any reconstruction, use, repair, or maintenance of the Amenities by Licensee immediately following any such activity, in accordance with all applicable governmental regulations, permits, laws, and approvals and such restoration shall be made at Licensee’s sole cost and expense. 9. Licensee shall perform all work in the ROW in a good and workmanlike manner, in conformance with the requirements of any and all permits and permit requirements required for Page 116 of 140 such work. Licensee shall perform all work so as to cause no unnecessary damage or disturbance to the City’s rights of way or the utilities located therein or the public’s rights in them. In each and every instance, following the completion of work performed by Licensee, Licensee shall restore each portion of the City’s right of way adjacent to the ROW and Amenities that were materially damaged by Licensee’s activities in an as good a state and condition as it was in immediately prior to this Agreement. 10. Prior to exterior work on the Amenities, Licensee shall, as part of its permit application for such work, submit to the City a plan, certification or report identifying all known utilities that may reasonably be affected by the work. Such plan, certification or report shall include the type and location of each utility identified. The City agrees to share any information it has concerning such utilities with Licensee upon request, but the City shall not be liable for any inaccuracies therein. 11. Licensee shall use, repair, and maintain the Amenities in a manner that protects all utilities, existing or future, located outside of the Amenities and within the City’s property abutting and adjacent to the Amenities, and shall be responsible for the cost of repairing damage caused to a utility by Licensee’s construction, maintenance and repair of the Amenities licensed by this Agreement and shall reimburse said utility for the same. Notwithstanding the foregoing, the City shall require that the installation of future utilities be located in a manner that avoids the Amenities to the extent reasonably practicable. 12. Licensee shall conduct its licensed activities in a manner that does not impair the public ROW, other than what is licensed hereby or permitted pursuant to other City approvals. 13. The City, including all its departments, offices, officials and employees, shall work in good faith to facilitate permit approvals and other authorizations necessary for Licensee to carry out its obligations pursuant to this Agreement. 14. Licensee shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees from liability for any claims, suits, expenses, losses, judgments, costs (including attorneys’ fee and costs), and damages arising as a result of the Licensee’s negligent acts and/or omissions or willful misconduct, and the acts and/or omissions of Licensee’s officers, directors, employees, agents, contractors, and subcontractors on or related to Licensee’s use of the Amenities or its exercise of rights granted to it under this Agreement, including but not limited to any rights or license related to the ROW. If the City, its officers, officials, agents, or employees are notified of any claims asserted against it to which this indemnification provision may apply, the City shall promptly thereafter notify the Licensee in writing that a claim to which the indemnification provision may apply has been received. Licensee shall promptly retain counsel and otherwise provide a complete defense against those claims or suit, or portion thereof, that are subject to this indemnification. The City retains the right to participate, at its own expense, in the defense of any claim to which this provision applies, and to approve all proposed settlements of claims involving payment or actions by the City, which approval shall not be unreasonably withheld. Under no conditions shall the City be obligated to indemnify the Licensee or any third party, nor shall the City be otherwise liable for expenses or reimbursement including attorney’s fees, collection costs, or other costs, of the Licensee or any third party incurred pursuant to this indemnification provision. Notwithstanding the foregoing, Licensee shall have no obligation under this Agreement Page 117 of 140 to indemnify, defend or hold harmless the City, or its officers, officials, employees, contractors, or agents, for damage or harm caused by their breach of this Agreement or negligent or grossly negligent acts. The indemnification and defense obligations of Licensee hereunder shall survive termination of this License Agreement. 15. Unless this License Agreement is renewed or unless the City waives this requirement in its sole discretion, then upon the expiration or termination of this Agreement Licensee shall within six months, or such longer time seasonably required, commence removal of the Amenities, at its own expense, and restore the ROW in an as good a state and condition as it was immediately prior to execution of this Agreement. If Licensee refuses to remove the Amenities and restore the ROW, the City may remove the Amenities and restore the right-of-way and Licensee or its authorized assignee(s), heirs, or successors shall be liable for all expenses of such removal. 16. Licensee agrees to provide and maintain the following types and amounts of insurance for the term of this Agreement to insure against legal liability for injuries to persons (including wrongful death) and damages to property suffered on or about the Amenities or as a result of Licensees’ exercise of its rights granted pursuant to this Agreement; confirmation of required insurance coverage for any renewal period shall be provided along with the renewal license fee. Insurance shall be obtained from an insurer having an A.M. Best Insurance Rating of at least A-, financial size category VII or greater. [www.ambest.com]. A. Commercial General Liability Coverage: Commercial General Liability Insurance including but not limited to Bodily Injury, Personal/Advertising Injury, Broad Form Property Damage, Products and Completed Operations Liability and Contractual Liability with limits of, at a minimum, of $1,000,000 each occurrence and $2,000,000 aggregate. Licensee or its authorized assignee(s), heirs, or successors shall list City as an Additional Insured (on a primary, noncontributory basis) on its Commercial General Liability Policy, and shall waive subrogation against the City. The current policy endorsement indicating that the City is listed as an Additional Insured is attached to this Agreement as Exhibit D (Certificate of Insurance). B. Certificates of Insurance: Licensee or its authorized assignee(s), heirs, or successors shall provide City with such Certificates of Insurance, as required above, prior to the commencement of the Agreement. All Certificates shall contain a provision stating that the coverage’s afforded under said policies will not be canceled, materially changed or not renewed without forty-five (45) days’ prior written notice to City, except fifteen (15) days’ notice for non-payment of premium. Licensee shall provide City with renewal certificates each year, and no later than June 30th of each year, until such certificates are no longer necessary under the terms of this Agreement. C. Proof of Insurance: It is the responsibility of Licensee to ensure that a current certificate of insurance and policy endorsements containing the aforementioned provisions are on file with the City at all times. Failure to furnish and maintain a current policy endorsement with the City may result in a default of this Agreement as provided in Section 2(B). Page 118 of 140  D. Mutual Waiver of Subrogation: In the event of a fire or other loss to the Amenities and surrounding property, City and Licensee mutually waive their rights of subrogation and recovery against each other, their officers, agents, employees, and other persons under their control for losses to that part of the premises damaged or lost under their control. 17. Licensee and the City acknowledge that no property or other rights or claims are waived or relinquished by either Party through this Agreement. Licensee and the City agree that no rights are created through this Agreement other than the license specifically described in this Agreement. 18. Notwithstanding the passage of time, no waiver of a breach of any of the covenants, agreements or provisions contained in this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision in this Agreement. 19. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior agreements except as otherwise stated herein. 20. No change, amendment or modification of this Agreement shall be valid unless in writing and signed by the parties hereto or their respective successors and assigns. 21. The following documents and the above stated recitals are hereby incorporated by reference and made part of this Agreement: a. Exhibit A: DPW Encumbrance Recommendation Form b. Exhibit B: Structural/Site Plan c. Exhibit C: Letter from Helical d. Exhibit D: Certificate of Insurance 22. Any notice or other written documents required to be provided to the parties to this Agreement shall be sent via U.S. Mail and email to the following addresses, or such other persons or address identified by the parties in writing: If to Licensee: Greencastle Group, LLC 269 Pearl Street Burlington, Vt 05401 Attention: Bruce Baker If to the City of Burlington Department of Public Works-Technical Services Division 645 Pine Street Burlington VT, 05452 [Signature Page to Follow] Page 119 of 140 266 Green Castle, LLC By: Name: _________________________________ Title: Managing Member STATE OF ____________ __________________ COUNTY, SS. At __________________, in said County and State, this ____ day of __________, 2025 personally appeared _________________, to me known, being the Managing Member of ___________________, and he acknowledged this instrument, by him signed, to be his free act and deed individually and on behalf of the entities on which he acted. Before me Notary Public Commission Expires: Commission Number: Seizan Capital College Street, LLC By: Name: _________________________________ Title: Managing Member STATE OF ____________ __________________ COUNTY, SS. At __________________, in said County and State, this ____ day of __________, 2025 personally appeared _________________, to me known, being the Managing Member of ___________________, and he acknowledged this instrument, by him signed, to be his free act and deed individually and on behalf of the entities on which he acted. Before me Notary Public Commission Expires: Commission Number: Page 120 of 140 City of Burlington By: Name: Title: STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County and State, this ____ day of ___________. 2025 personally appeared ________________, to me known, being the ____________ of the City of Burlington, and ___ acknowledged this instrument, by _____signed, to be _______ free act and deed and the free act and deed of the City of Burlington. Before me Notary Public Commission Expires: Commission Number: Page 121 of 140  Exhibit C As used in the License Agreement, the “Ameni es” shall mean the following elements to be constructed, used, repaired and maintained, all as shown on the 252, 260 and 266 College Street Plan of Land (the “Plan of Land”) a ached to and incorporated hereby into this Exhibit C which Plan of Land was dra ed by VHB, depic ng: 1) a stormwater treatment system beneath College Street; (2) the exis ng entry steps located on College Street, and (3) underground founda on foo ngs, (4) soldier pile and wood lagging support of excava on system beneath South Union Street and city owned parking lot all as depicted on the Site Map a ached to this Exhibit C as PE3, respec vely. Page 122 of 140  Attachment-A DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VT 05401 Voice: (802) 863-9094 Ext 3 Fax: (802) 863-0466 Email: dpwpinecustomerservice@burlingtonvt.gov DPW ENCUMBRANCE RECOMMENDATION FORM 4/15/2025 DBA NAME: DATE: Greencastle Group LLC 802-652-1400 COMPANY NAME: PHONE: Bruce Baker bbaker@cdbesq.com CONTACT NAME: EMAIL: 269 Pearl Street, Burlington VT 05401 MAILING ADDRESS: 266 College Street LOCATION OF ENCUMBRANCE: FOR LONG-TERM ENCUMBRANCE, TABLE AND CHAIR ENCUMBRANCE, AND CONSTRUCTION ENCUMBRANCE 1. All encumbrances should be located on private property, if possible. In the opinion of the Excavation Inspector, is there an available alternative location for the requested encumbrance on private property? YES [ ] NO [ ] 2. Will there be sufficient width for plows, pedestrian access, and ADA requirements if the proposed encumbrance is added to the sidewalk/roadway/greenbelt? YES [ ] NO [ ] 3. Additional Comments: Occupation of City right of way for exterior concrete staircase, a portion of the building foundation footing, stormwater treatment and detention system, and a support of excavation system. 4. Has this business remained in compliance to date (RENEWALS ONLY)? YES [ ] NO [ ] 5. Describe the encumbrance, including square footage and location of items: Occupation of 656 sq. ft. city owned right of way under the sidewalk on College and South Union Streets. BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY Approved: Yes [ ] No [ ] If no, reason: Caleb Manna Signature: Date: 4/15/2025 Page 123 of 140  Attachment B \\VHB.COM\GBL\PROJ\SBURLINGTON\58975.00 266 GREENCASTLE 266 COLL\CAD\LD\PLANSET\LOCAL PERMITTING\58975.00-UT S 86°51'47" W ASPHALT 88.89' PARKING Saved Friday, December 20, 2024 1:48:46 PM DHOJSAN Plotted Friday, December 20, 2024 2:21:26 PM David Hojsan CONTROL POINT #6 ASPHALT PAVEMENT N 84°44'43" E N/F 62.35' 260 COLLEGE STREET, LLC #260 COLLEGE STREET N/F 1335 VOL. 1739; PG. 48 ONION RIVER COOPERATIVE 210.682 PARCEL ID# 049-3-167 DISCONTINUE AND ABANDON LINE WITH FLOWABLE FILL VOL. 1251 PG. 713 GAS VALVE SPAN ID# 114-035-17486 BACK TO NEXT DOWNSTREAM STRUCTURE OR NEXT EXISTING PARCEL ID# 049-3-159 SPEED BUMP CC SERVICE. CONTRACTOR TO CBCL FIELD VERIFY AND I=211.8' COORDINATE WITH DPW. N 87°12'26" E 19.06' S 2 51.74' 3°5 14.09' 1'3 8"W N 87°21'08" E 45.65' EOP S 5°37'40" W 45.86' CIVIL ENGINEER, & S 5°12'44" E EOP ASPHALT RAMP LANDSCAPE: 99.90' 27.66' LIMIT OF DISTURBANCE (TYP.) VHB S 2°26'47" E S 6°21'47" E CONC. 40 IDX Drive 2" PE FFE 204.33 WALL Building 100 GM S. Burlington, VT 05403 802-497-6165 FFE 208.00 PROPOSED NEW GAS METER. FFE 204.33 EOP 1337 EXISTING 10" COMBINED SEWER 212.608 4" SDR 35 PVC CONFIRM WITH MECHANICAL PLANS SERVICE (SANITARY AND S 23°51'38" W STRUCTURAL ENGINEER: 30.11' 48" RCP GAS VALVE YI-4 STORMWATER) Hardy Structural Engineers FFE 208.00 CC REMOVE EXISTING STRUCTURE AND 875 Roosevelt Hwy, CBCL REPLACE WITH NEW CATCH BASIN. Ste.130 Existing CONNECT PROPOSED GAS SERVICE TO I=213.5' MATCH EXISTING RIM AND INVERT Colchester, VT 05446 CONC. exterior EXISTING SERVICE LOCATION MANHOLE 802.655.0755 EV EV RIM = 213.29 PROPOSED DROP OVER staircase to 1" WATER MECHANICAL, PLUMBING MANHOLE. LOCATE PROPOSED WASTEWATER INV. AT remain & ELECTRICAL ENGINEER CES Engineering, LLC LIMIT OF MIDPOINT OF EXISTING 48" DISTURBANCE PROPOSED 8" PVC 35 Pleasant Street DIA. LINE. ESTIMATED WASTEWATER SERVICE. Concord NH 03301 INV. = 201.20', (MIN 2% SLOPE) 603-688-5925 TO BE FIELD VERIFIED INSTALL BACKWATER VALVE AT SEWER SERVICE CONNECTION 8" SDR 35 PVC 100 DMH BLDG1 RIM=214.00 10" SDR INV=206.00 OUT INV=199.20 EX MH 35 PVC INV=203.50 INV=199.20 OUT 2 SANITARY SEWER CLEANOUT N/F N/F COPYRIGHT © 2015 SMITHBUCKLEYARCHITECTSPLLC CITY OF BURLINGTON ALL RIGHTS RESERVED 266 COLLEGE GREEN CASTLE, LLC 2 STREET OCS SS-IN RIM=215.10 INV=205.20 SS-CO INV=206.60 3 OUT VOL.154 PG.312 VOL. 1727 PG. 279-281 INV=206.10 PARCEL ID# 049-3-159.001 COLLE66'GE EXISTING BUILDING 266 COLLEGE STREET Apartments 48" RCP FFE 220.12 PARCEL ID# 049-3-168 FFE 215.33 Stormwater CC 266 College Street system for 266 8"x4" TEE WITH College CONNECT TO EX 10" MUNICIPALSt. THRUST BLOCK) PROPOSED RESIDENTIAL Portion of building WATER MAIN WITH 10"X6" TSV 84°44'43" N 8" GATE E VALVE WITH THRUST BLOCK PER DPW 128.38' (CLOCKWISE OPEN) foundation footing in REQUIREMENTS ADDITION city right of way. FEET WIDE WV 4" GATE VALVE TELECOM (CLOCKWISE OPEN) CS 4" C900 DOMESTIC 79 TOTAL UNITS Burlington, VT 05401 SERVICE Approx. location of 8" C900 WATER SERVICE (2) 45 DG FITTINGS WITH THRUST BLOCKS SOE system to S 84°47'08" W 6" CLEANOUT remain in place 8' 111.34' INV = 214.00 DISCONTINUE EX ELECTRICAL below street. 48" COMBINED WASTEWATER STORMWATER STORAGE SERVICE IN ACCORDANCE WITH 74 LF OF 48" RCP OR SDR35 PVC ROOF LEADER CONNECTION B.E.D. REQUIREMENTS (MIN. 3% SLOPE) ABANDONED SEWER 10" C.I. WATERMAIN DISCONTINUE EX WATER SERVICE PER DPW REQUIREMENTS ISSUED FIRE DEPARTMENT SECONDARY ELECTRICAL CONDUITS. CONFIRM FINAL 12/20/2024 CONNECTION, ALIGNMENT AND QUANTITY WITH B.E.D AND MEP COORDINATE WITH MECHANICAL PLANS UNDERGROUND TRANSFORMER VAULT WITH GRATED COVER. FINAL SIZE AND LOCATION TO BE SHUT DOWN EXISTING 10" MAIN. N 2°55'52" W CONFIRMED WITH BED. REMOVE EXISTING VALVE AND 199.89' REPLACE WITH NEW DI PIPE. DESIGN COORDINATE WITH DPW. FFE 218.6 FFE 217.6 cc DEVELOPMENT FFE 219.60 NOT FOR CONSTRUCTION 65.00' N 2°55'52" W 10" SDR 35 PVC E Utility Plan CC 48" COMBINED WASTEWATER 48" COMBINED WASTEWATER 3 DMH RIM=219.45 INV=211.94 CO INV=206.80 OUT ABANDONED 8" VCP WASTEWATER 6" C.I WATERMAIN S. UNION STREET 49.5 FEET WIDE SCALE: 1" = 10' CC CC SHUT DOWN EXISTING 6" MAIN. REMOVE EXISTING VALVE AND REPLACE WITH NEW DI PIPE. EXISTING B.E.D TO SET ADDITIONAL POLE COORDINATE WITH DPW. PRIMARY ELECTRICAL SERVICE TO BE FROM THIS POLE (SUBJECT TO B.E.D FINAL REVIEW) 0 5 10 20 Feet C4.0 FIRE HYDRANT Page 124 of 140 Attachment B Page 125 of 140 Attachment C February 12, 2025 Doug Marek SD Ireland Co. PO Box 2286 South Burlington, VT 05495 Subject: Temporary Soldier Pile & Lagging Letter 266 College Street Burlington, VT 05401 Dear Doug, Helical Drilling, Inc. (HELICAL) is pleased to provide the following letter to discuss the proposed soldier pile and untreated timber lagging (SP&L) wall to act as the temporary support of excavation (SOE) at the above noted address. Our proposal was provided under separate cover. How we chose our shoring system HELICAL has proposed a SOE consisting of driven soldier piles and lagging. Given the need for the project requiring shoring, we did consider several alternatives. In the end, there was a balance of performance, risk, constructability and trying to not require external bracing consisting of tiebacks. After reviewing the subsurface conditions and the presence of the utilities on South Union Street, we ultimately came up with pre-augered holes then driving soldier piles to their design depth. The pre-augered holes will allow HELICAL to minimize vibrations during installation and to aid in getting the soldier piles to depth. Our vibratory hammers on our pile driving rigs also use a variable moment system, which allows the energy to increase and decrease as we hit resistance. This system allows us to only apply as much energy as needed instead of a more on / off switch. This helps to further reduce vibrations. This also avoids having to drill an open hole and concreting the members in place permanently locking them to the subsurface soil. Other methods such as driving a continuous line of steel sheet piles would have caused significant more vibration and a much harder system to pre-auger prior to driving, since the wall is continuous and not intermittent as with the soldier piles. This also does add a lot more steel into the ground and with the very dense subsurface soil would create problems with driving. Other options such as soil nails or use of tie-backs would require further encroachment into the cities property without the ability to remove items once the buildings foundation wall was built. Review of design concept The design concept of the soldier piles does involve a pre-cut to reduce the retained height from the current grading of El. 219-ft to 216-ft across South Union Street to a more manageable El. 215- ft +/- to El. 212-ft +/-, where the bottom of excavation will be El. 200-ft +/-. Spacing of the soldier piles will also vary from 5-8-feet on center and will be a function of retained height and surcharge loading within and behind the pre-cut bench. Page 126 of 140 266 College Street February 12, 2025 Page 2/2 Sequence of construction We understand that the soldier piles will need to be installed prior to demolition of the existing building and its foundations. This will allow for the removal of the existing foundation walls to occur in the safest manner so that soldier piles can brace the existing soils while the foundations are strategically removed by your demolition subcontractor. During demolition, the timber lagging will be installed. With this approach of initially installing the soldier piles prior to demolition, this offers the best solution for the city to maintain the stability of South Union Street and its existing utilities. If soldier piles were to be installed post-demolition, this would leave the street, and its utilities exposed and complicate the construction process. Need to abandon the shoring in place Within urban environments and the need to construct a temporary shoring wall to retain adjacent properties, city streets or other features, it is more commonplace to abandon said shoring in place. As with this particular job, there would be significant risk to the new structure, surrounding neighbors and the utilities below South Union Street if HELICAL were to make an attempt to pull the soldier piles. It’s commonplace during removal of the soldier piles for a significant higher amount of energy to be used to get the soldier piles to disengage from the soil and pull out of the ground. This creates very high vibrations, which would almost certainly result in cracking the new structures’ foundation and potential damage to the utilities. There would also be a void left in the ground where the soldier pile was pulled, which could compromise the support of the new structure given their close proximity to the foundations. Proposed foundation support is also ground improvement, which would not perform under post installation vibrations. Within urban environments like this project, removal of the shoring is not advised given the risks. Conclusion Overall, HELICAL, who does our own in-house engineering, tried our best to balance cost versus risk taking into account all the onsite constraints, sequence of construction and consideration to the City of Burlington’s streets and utilities. We feel that the proposed option of pre-augered SP&L does the best job taking all items into consideration. It also does leave the least amount of product in the ground and will be abandoned below the street level to minimize future below grade features. Please let us know if you have any questions. We look forward to working with you on this project. Sincerely, Michael D. Cronenberger, P.E. HELICAL DRILLING, INC. File: 266 College St - HELICAL SOE Letter 2.12.2025 Page 127 of 140  Attachment D SEIZCAP-01 MNAYLOR DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/16/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Cheeseman Insurance Inc. dba Cheeseman Insurance Group PHONE FAX (A/C, No, Ext): (802) 861-4800 (A/C, No): (802) 861-4801 84 Pine St, Suite 500 E-MAIL Burlington, VT 05401 ADDRESS: info@cheesemaninsurance.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Markel Insurance Company INSURED INSURER B : Seizan Capital College Street LLC + Green Castle College LLC INSURER C : PO BOX 4484 INSURER D : Burlington, VT 05406 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 3AA841892 11/20/2024 11/20/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Burlington is named as additional insured in regard to the General Liability policy as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 128 of 140  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov MEMORANDUM TO: License Committee FROM: Caleb Manna, Associate Public Works Engineer, Department of Public Works DATE: April 23, 2025 CC: Peter Procaccio, P.E.; Senior Public Works Engineer Chapin Spencer, Director of Public Works. Laura Wheelock, P.E.; Assistant Director of Public Works/City Engineer Jackie Esperti, Public Works -Director of Parking Services RE: 260, 266 College St. & 89 S. Union St. – Easement Clarification Agreement Request Greencastle Group, LLC, owner of the building located at 260 and 266 College Street in conjunction with Seizan Capital College Street LLC, is requesting approval to execute an easement agreement between The City of Burlington (the “City”) and the owners of 260 and 266 College Street respectively (the “College Street Parties”.) The request, if approved, will formally acknowledge an access easement across the city owned parcel containing a public parking lot located at 89 South Union Street (adjacent to downtown City Market) and dissolves an existing easement on city property for future installation of a sidewalk and barriers. The agreement also acknowledges a new pedestrian easement for egress, and a lot line adjustment between the city parking lot at 89 S. Union and 266 College Street. Overview Department of Public Works received a request from Greencastle, representing the College Street Parties, to review and provide comments on existing easements for the properties located at 260 and 266 College Street, and the city parking lot at 89 South Union Street. Staff reviewed the existing easements to consider future needs and use of city parking lot, as it relates to the proposed design and function of the new building intended to replace the old YMCA at 266 College Street. Several existing easements were identified as needing revision or relinquishment. The first pertains to an easement on the south side of the city parking lot, to allow the former YMCA to install an concrete sidewalk and vehicle barrier in a portion of the parking lot. The sidewalk and barrier were never installed, and neither party has interest in placing a sidewalk in this location, Page 129 of 140 RE: Old YMCA–266 College Street Easement April 23th, 2025 Page | 2 of 3 nor is there space to comply with ADA public sidewalk regulations and provide public parking at this same time. To protect the building from vehicle mishaps, and to help define parking stalls, a concrete curb will be installed on the property line between 266 College St and the city owned parking lot., with a small portion of the curb existing in the city parking lot. The second easement for revision pertains to an existing asphalt ramp that connects the city parking lot to the lower parking area on the west side of 266 College Street. The ramp provides vehicle access between the two lots, and features an abrupt change in grade elevation. Per the existing easement, the responsibility to maintain the existing ramp and associated retaining wall fell to the city. There is no benefit to the city in retaining liability and maintenance rights to the ramp, primarily used for private access to 260 and 266 College Street. To resolve this issue, a lot line adjustment was proposed between the property owners, and would convey the area of the ramp and retaining wall to the 266 College Street property, while still retaining access rights to a portion of the ravine sewer for municipal operations. The final revision, is a new easement for pedestrian access. The north side of the building at 266 College Street will connect to the south side of the city parking lot via a doorway for emergency pedestrian egress, as required under Zoning Permit ZP 25-8. There will be a 6’ x 17’ hatch mark painted “no parking zone” on the south side of the city parking lot to accommodate the required egress. In discussing this particular easement, it was important that the city not relinquish any public parking spaces in trying to accommodate the request. During review, it was discovered that the 6’ x 17’ egress zone could be included, with a minor line striping revision to retain the existing 21 parking spaces using an 8.5’ x 17’ parking stall dimension. With the revised line striping plan to standardize the entire parking lot, the city will gain one addition public parking space at the end of the project. Recommendation The Department of Public Works is supportive of executing an easement agreement between the applicant and the City. Thank you for consideration of this request, please do not hesitate to contact me directly at CManna@burlingtonvt.gov or 802-865-7562. Attachment A. VHB Easement Exhibit B. Layout and Materials Plan C. Certificate of Insurance An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 130 of 140 RE: Old YMCA–266 College Street Easement April 23th, 2025 Page | 3 of 3 Motions: License Committee: “To approve and recommend that the City Council approve the Easement Agreement between The College Street Parties and the City, and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby." City Council: “To approve and recommend that the City Council approve the Easement Agreement between the College Street Parties and the City, and authorize the Mayor and Director of Public Works to take such further actions, and to execute such further instruments approved as to form by the City Attorney, as may be necessary or convenient to effectuate the transactions contemplated hereby." An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 131 of 140  EASEMENT AGREEMENT This Agreement ("Agreement") is made by and among The City of Burlington, Vermont (the “City”) and 260 College Street, LLC, 266 College Green Castle, LLC and Seizan Capital College Street, LLC (collectively, the “College Street Parties”), with respect to the following facts: Whereas, the City of Burlington is the owner of certain real property identified as Parcel ID# 049-3-159.001 currently used as a parking lot which is depicted on Map Slide 346C (the “City Property”), and as depicted on the site map attached hereto as Exhibit A (the “Site Map”); and Whereas, the City Property is contiguous to three (3) parcels of land owned by and being redeveloped by the College Street Parties (the “College Street Properties”); and Whereas, the College Street Properties are also depicted on the Site Map and are more particularly described as follows: -Real property with an address of 266 College Street and Parcel ID #049-3-168, which was conveyed to 266 College Green Castle, LLC and Seizan Capital College Street, LLC by deed of Giri Burlington Property LLC and DHP Management Inc. dated 11/15/24 of record at Volume 1727; Page 279-281 of the City of Burlington Land Records (the “266 College Property”), -Real property with an address of 252 College Street and Parcel ID #049-3-166 which was conveyed to 260 College Street, LLC by deed of record at Volume 1739; Page 48 of the City of Burlington Land Records (the “260 College Property”), and -Real property with an address of 260 College Street and Parcel ID #049-3-167 Volume which was conveyed to 260 College Street, LLC by deed of record at Volume 1739; Page 48 of the City of Burlington Land Records (the “252 College Property”); and Whereas, the City Property is currently burdened by the following easements: - Access Easement. A right of way for ingress and egress to and from South Union Street to and from the 260 College Property as set forth in the Warranty Deed from New England Telephone and Telegraph Company to the City of Burlington dated April 11, 1958, and recorded in Volume 154, Page 345 of the Land Records (the “Access Easement”). The Access Easement is depicted on the Site Map as E3, and - Concrete Pads, Vehicle Barrier and Sidewalk Easements. Easements and rights of way as described and/or referenced in an Easement and Right of Way Agreement by and between the Greater Burlington Young Men’s Christian Association, Inc. and the City of Burlington dated August 16, 1983 and recorded in Volume 298, Page 21 of the aforesaid Land Records for the installation and maintenance of two (2) 6’x 4’ concrete pads and 4 steel posts to act as a vehicle barrier and springing right to a 4’ wide sidewalk along the Southerly boundary of the City Property to South Union Street. The Concrete Pad, Vehicle Barrier and Side Walk Easements 1 Page 132 of 140 are depicted on the Site Map as E4, E5, E6 and E7 (the “Concrete Pad, Vehicle Barrier and Sidewalk Easements”; and Whereas, the Access Easement Deed identifies an area shown as a cross hatched area (the “Access Easement Area”) on the Site Map (PE 5) which currently holds an existing vehicular ramp running to and from the City Property and the College Street Properties and holds related retaining wall structures located on the City Property and contains a provision requiring the City to, (1) build and maintain the vehicular ramp; (2) maintain the retaining wall between the City Property and the 260 Property, and (3) maintain fencing and a gate; and Whereas, the College Street Parties wish to construct improvements to the College Street Properties to include multi-family housing on each of the College Street Properties and to expand and improve the existing vehicular ramp and related structures and to gain certain entitlements necessary to redevelopment of the College Street Properties; and Whereas, the City wishes to be relieved of the obligations to maintain the retaining wall, ramp, fencing and gate described in the Access Easement Deed and to have the Concrete Pad, Vehicle Barrier and Sidewalk Easement relinquished to the City; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Relinquishment to City of Concrete Pad, Vehicle Barrier and Sidewalk Easements. The College Street Parties hereby grant and convey and relinquish unto the City of Burlington, the Concrete Pad, Vehicle Barrier and Sidewalk Easements. 2. Ramp, Control Gate and Retaining Wall. The College Street Parties shall process, at their own expense, a lot line adjustment conveying the Access Easement Area to the owner of 260 College Street, to be encumbered by an access easement for the benefit of the other College Street Properties. The City shall consent, as a property owner, in the lot line adjustment, provided that the City shall retain access rights to be negotiated in good faith between the parties and reasonably acceptable to the City to the same Access Easement Area for stormwater purposes; and provided further that the conveyance shall be subject to a covenant running with the land for the benefit of the City Property requiring the owner of the Access Easement Area to maintain the wall, ramp, fencing, and gate in good condition and to seek approval from the City or its successor(s) in interest in the City Property to any modifications of the Access Easement Area, which approval shall not be unreasonably withheld so long as access for stormwater purposes is maintained and the modifications will not compromise the structural integrity of the Access Easement Area and surrounding properties. 3. New Pedestrian Egress Easement. The City hereby grants to the College Street Parties, the perpetual, exclusive right over the City Property to construct, reconstruct, maintain, repair, replace, certain pavement markings on the City Property in the area shown as PE2 on the Site map and the right to maintain a pedestrian egress from 266 College Property in the area shown as PE2 on the Site Map. 2 Page 133 of 140 4. Access Easement to benefit all of the College Street Properties. The City hereby confirms and grants unto all of the College Street Parties the perpetual, non-exclusive right of ingress and egress over the City Property to and from South Union Street to benefit all of the College Street Properties, which easement is depicted on the Site Map as E3. 5. License Agreement. The City shall negotiate in good faith a license agreement with the College Street Parties to allow the College Street Parties to construct, use, repair and maintain: (1) a stormwater treatment system to be constructed beneath College Street; (2) the existing entry steps located on College Street, (3) underground foundation footings, and (4) soldier pile and wood lagging support of excavation system all as depicted on the Site Map as PE2 and PE3, respectively. The license agreement(s) shall also address temporary use of the City Property during construction, and authorize the construction, use, repair, and maintenance of certain balconies upon the 266 College Street Property, as depicted on the Site Map to overhang Union Street. 6. Nonwaiver of City Police Power. The City is entering this Agreement solely in its proprietary capacity and not in its sovereign capacity. Nothing herein shall be deemed to waive the City’s police power over the City Property, the College Street Properties, or any other real estate affected hereby. 7. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, legal representatives, successors and assigns. This Agreement is solely for the benefit of said parties and their respective successors and assigns and may not be enforced by, nor shall it be construed for the benefit of, any third party. 8. Governing Law. This Agreement shall be governed by the laws of the State of Vermont as to all matters, including but not limited to matters of validity, construction, effect, and performance. 9. Miscellaneous. This Agreement represents the entire understanding among the parties with respect to the subject matter hereof and supersedes all prior understandings respecting the same, whether written, oral, or implied. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall remain in effect as necessary to effectuate the parties’ original intent as closely as possible. No waiver or amendment of this Agreement shall be valid unless in writing, notwithstanding the passage of time, and no waiver shall constitute a continuing waiver of the same or another provision. This Agreement may be executed in multiple counterparts, each of which shall have the force and effect of an original and all of which together shall constitute but one and the same document. (signature pages to follow) 3 Page 134 of 140 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as a sealed instrument effective as of the date set forth below. 266 Green Castle, LLC By: Name: _________________________________ Title: Managing Member STATE OF ____________ __________________ COUNTY, SS. At __________________, in said County and State, this ____ day of __________, 2025 personally appeared _________________, to me known, being the Managing Member of ___________________, and he acknowledged this instrument, by him signed, to be his free act and deed individually and on behalf of the entities on which he acted. Before me Notary Public Commission Expires: Commission Number: 4 Page 135 of 140 Seizan Capital College Street, LLC By: Name: _________________________________ Title: Managing Member STATE OF ____________ __________________ COUNTY, SS. At __________________, in said County and State, this ____ day of __________, 2025 personally appeared _________________, to me known, being the Managing Member of ___________________, and he acknowledged this instrument, by him signed, to be his free act and deed individually and on behalf of the entities on which he acted. Before me Notary Public Commission Expires: Commission Number: 5 Page 136 of 140 City of Burlington By: Name: Title: STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County and State, this ____ day of ___________. 2025 personally appeared ________________, to me known, being the ____________ of the City of Burlington, and ___ acknowledged this instrument, by _____signed, to be _______ free act and deed and the free act and deed of the City of Burlington. Before me Notary Public Commission Expires: Commission Number: 6 Page 137 of 140  Attachment A NORTH ST General Notes Proposed Easement Notes: 20 0 20 40 vhb.com 1) THEPURPOSE OFTHISPLATISTODEPICTHEEXISTING CONDITIONS PE1 PEARL ST AND EXISTING EASEMENTS. SCALE IN FEET 2) THEINTERIORPROPERTYLINESSHOWN AREBASEDONA BESTFIT PROPOSED LOT LINE ADJUSTMENT FOR RAMP AREA. TO BE CONVEYED OFMAPREF.1 ANDMAPREF.2 TOBOUNDARY EVIDENCE FOUND IN FROM CITY OF BURLINGTON TO 266 COLLEGE GREEN CASTLE, LLC. BATTERY ST COLLEGE ST MARBLE THE FIELD. PE2 BND FND 3) THERIGHTOFWAYFORSOUTHUNIONSTREETIS 49.5'WIDE(PER (HELD) CC CC MA IN VOL.2 PG.27) AND WAS ESTABLISHEDFROM EXISTING PROPOSED PERMANENT EASEMENT FOR SUPPORT OF EXCAVATION, FOUNDATION FOOTING, CONCRETE CURB, AND EGRESS S. UNION ST S. WILLARD ST CONTROL S T MONUMENTATION AND THE CENTERLINE OF THE ROADAS POINT #6 SURVEYED. PE3 N 84°47'16" E CC 4) THERIGHTOFWAYFORCOLLEGE STREETIS66'WIDE(PERMAPREF.1 35.33' PROPOSED LICENSE AGREEMENT AREA FOR BALCONY ABOVE, PROJECT SITE & "AS-ADOPTEDROWWIDTHS" BOOKAT THEBURLINGTON DPW SUPPORT OF EXCAVATION, AND UNDERGROUND STORMWATER ENGINEERING OFFICE)AND WAS ESTABLISHED FROM THE SYSTEM CC CENTERLINE OF THE ROAD AS SURVEYED. 45.86' 65.00' 5) THE EXISTINGCONDITIONS SHOWNON THISPLANARE BASED N/F LOCUS MAP UPONAN ON-THE-GROUND FIELDSURVEYCONDUCTED BY VHB, CITY OF BURLINGTON INC. IN NOV. & DEC. 2018 AND MAY 2019. VOL.154 PG.312 S 5°12'44" E N 2°55'52" W (NOT TO SCALE) 6) HORIZONTAL DATUMREFERENCED TOTHEVERMONT STATEPLANE PARCEL ID# 049-3-159.001 40 IDX Dr GRIDN.A.D.1983(2011)ANDISCONTROL BASEDON GPS#1 OBSERVATIONS Existing Easement Notes POINT UTILIZING VT CORS. DISTANCES SHOWN ARE GROUND DISTANCES. E3 PE3 BENCHMARK 1 ELEV.=217.56' Building 100 Suite 200 E1. AGREEMENT FOR LICENSE OF RIGHT OF WAY NAVD 88 South Burlington, VT 05403 VOLUME 298, PAGE 182 802.497.6100 LICENSE FOR USE OF THE EXISTING DRIVEWAY SPEED BUMP 6' PE2 LOCATED UPON THE PREMISES DESIGNATED AS 102 SOUTH WINOOSKI AVENUE. ASPHALT MANHOLE 11' cc 11' PARKING RIM = 213.29 PE2 64' "THE DRIVEWAY, WITH AN APPROXIMATE WIDTH OF 10 N/F ONION RIVER COOPERATIVE CBCL I=213.5' 41' E5 E7 CC Legend FEET, BEGINS AT THE EAST SIDE OF SOUTH WINOOSKI MANHOLE AVENUE AT THE SOUTHWEST CORNER OF THE RIM = 213.29 VOL. 1251 PG. 713 CONC. CC S 84°47'08" W E6 DRAIN MANHOLE THOMPSONS' PROPERTY AND IT PROCEEDS IN AN PARCEL ID# 049-3-159 9' CONC. CATCH BASIN CONC. WALK WALL 111.34' CC EASTERLY DIRECTION ALONG THE SOUTH LINE OF THE CBCL THOMPSON'S PROPERTY TO THE SOUTHEAST CORNER I=211.8' SEWER MANHOLE 45.65' E4 ELECTRIC MANHOLE ASPHALT RAMP THEREOF ADJOINING THE WEST LINE OF LAND AND PREMISES OF VISITING NURSES ASSOCIATION, INC." TELEPHONE MANHOLE N 87°12'26" E S 5°37'40" W °51 PROPOSED Map References MANHOLE '3 30.1 8" W E2. REVOCABLE LICENSE AGREEMENT FOR CONTROL POINT #2 14.09' BOUNDARY LINE 1) A PLAN ENTTITLED "SURVEY PLAT, YMCA, 266 COLLEGE STREET, WATER GATE THE PURPOSES OF INGRESS AND EGRESS OVER AND " 1' ADJUSTMENT (PE1) ACROSS THE REAR, OR NOTHERLY PORTION OF THE RIPRAP S 23 BURLINGTON, VERMONT" DATED 1/14/13, COMPILED BY FIRE HYDRANT SUMMIT ENGINEERING, INC., "DRAFT" COPY PROVIDED TO VHB. GAS GATE PROPERTY KNOWN AND DESIGNATED AS 260 COLLEGE " TIE-LINE TO FOUND BOUND (HELD) STREET. 341.44' S 88°06'52" W STREET SIGN VOLUME 298, PAGE 185 88.89' 2) A PLAN ENTITLED "PLAT OF BOUNDARY SURVEY ADJUSTMENT, LIGHT POLE PROPERTIES OF THE CITY OF BURLINGTON AND BURLINGTON 146' UTILITY POLE "THE RIGHT OF INGRESS AND EGRESS BEGINS AT THE S 86°51'47" W COMMUNITY DEVELOPMENT CORPORATION, 82-92 SOUTH WESTERLY SIDELINE OF THE VNA LAND TO Y LAND AND WINOOSKI AVENUE AND 89 SOUTH UNION STREET", DATED GUY POLE IT SHALL ALSO BE ON THAT PORTION OF VNA CHAINLINK LAND SOFENCE BENCHMARK 2 AUG. 2000, COMPILED BY CIVIL ENGINEERING ASSOCIATES, INC., GUY WIRE THAT ACCESS MAY BE HAD TO Y LAND FROM THE BOUND FOUND °51 CURRENT BOUNDARY LINE (PE1) RECORDED AT THE CITY OF BURLINGTON LAND RECORDS IN WELL ELEV.=211.86' '3 51.7 8" W DRIVEWAY RAMP WHICH LEADS SOUTHERLY FROM THE MAP SLIDE 346-C. CITY OF BURLINGTON PARKING LOT." E12 NAVD 88 (TO BE REMOVED) F.F.E.=45.27' S 23 4' FINISHED FLOOR ELEVATION E3. RIGHT-OF-WAY FOR INGRESS AND EGRESS FROM THE PE3 S. UNION STREET FORMER NET&T LAND TO S. UNION STREET DESCRIBED PROPERTY LINE IN THE WARRANTY DEED DATED APRIL 11, 1958 ABUTTER LINE EOP VOLUME 154, PAGE 345 CC EDGE OF PAVEMENT N 3°38'14" W MANHOLE ASPHALT RIM = 200.56 CONCRETE CURB E4. EASEMENT FOR INSTALLATION, MAINTENANCE, AND N/F PARKING USE OF A CONCRETE PAD 6'x4'x4" THICK HOWARD CENTER FOR GUARD RAIL CHAIN LINK FENCE 87.42' HUMAN SERVICES 19.06' VOLUME 298, PAGE 21 VOL. 653; PG. 304 DRAINAGE LINE F.F.E.=200.59' PARCEL ID# 049-3-166 E2 N 87°21'08" E E5. SPAN ID# 114-035-17485 EASEMENT FOR INSTALLATION, MAINTENANCE, AND CONTROL SEWER LINE USE OF A VEHICLE BARRIER POINT #5 OHW . . . OVERHEAD WIRE S 6°21'47" E N/F VOLUME 298, PAGE 21 266 COLLEGE GREEN CASTLE, LLC E UNDERGROUND ELECTRIC VOL. 1727 PG. 279-281 T TELEPHONE LINE E6. EASEMENT FOR INSTALLATION, 27.66' 266 COLLEGE STREET 199.89' G GAS LINE MAINTENANCE, AND USE OF A PARCEL ID# 049-3-168 MANHOLE W WATER LINE N 2°55'52" W CONCRETE PAD 6'x4'x4" THICK RIM = 196.19 VOLUME 298, PAGE 21 DRAINAGE MANHOLE CC DI EOP E7. FUTURE EASEMENT FOR 4' UNIFORM SIDEWALK I=194.8' GAS VALVE VOLUME 298, PAGE 21 E9 E8. DEED OF EASEMENTS FOR PIPELINES E1 N 84°44'43" E VOLUME 796, PAGE 221 N 84°44'43" E 29.80' SUBSURFACE Easement Exhibit (LOCATION OF GAS LINE SHOWN, EASEMENT EXTENTS 34.01' GAS VALVE GAS LINE UNPLOTTABLE AS DESCRIBED) N/F 5' 266 College Street GAS VALVE E9 E10 260 COLLEGE STREET, LLC Burlington, Vermont E9. PIPELINE EASEMENT STRIP No. 1 #260 COLLEGE STREET CONC. N/F VOLUME 896, PAGE 334 SISTERS AND BROTHERS N/F VOL. 1739; PG. 48 PROPOSED No. Revision Date Appvd. BUILDING LANDING INVESTMENT 260 COLLEGE PARCEL ID# 049-3-167 #242 COLLEGE STREET STREET, LLC SPAN ID# 114-035-17486 FOOTPRINT E10. PIPELINE EASEMENT STRIP No. 2 VOL. 1304; PG. 485 VOLUME 896, PAGE 334 PARCEL ID# 049-3-165 #252 COLLEGE STREET SPAN ID# 114-035-17484 VOL. 1739; PG. 48 S 2°26'47" E PARCEL ID# 049-3-166 E11. UNDERGROUND ELECTRIC FACILITIES SPAN ID# 114-035-17485 N 3°33'18" W PERPETUAL EASEMENT VOLUME 660, PAGE 608 99.90' Designed by Checked by EXACT LOCATION NOT PLOTTABLE 70' S.Compton PS 90.02' 90.04' CC N 5°15'17" W (APPROX. LOCATION OF CONDUIT SHOWN) CONC. WALK Issued for Date Review March 26, 2025 S 4°04'36" E RAMP 90.00' E12. DESIGNATION OF PARKING SPACES RELATING TO UNITS 9, 10, 11, AND 12 (FOUR PARKING PACES) VOLUME 729, PAGE 529 EOP Drawing Title (UNCLEAR WHICH SPACES CORRESPOND TO THE CC RIGHTS INCLUDED IN THE DOCUMENT) 252, 260, 266 PE3 College Street Unplottable Easement Notes: STAIRS F.F.E.=211.84' Plan of Land BOOK 404, PAGE 627 CONC. 128.38' LANDING BIKE RACK N 84°44'43" E CONC. WALK F.F.E.=207.70' WINSTON HART TO NEW ENGLAND TELEPHONE AND TELEGRAPH NCH COMPANY: THE RIGHT TO PLACE, REPLACE, MAINTAIN AND REMOVE WOOD BE 11' WARNING Drawing Number 62.35' STRIP WIRES, CABLES, CONDUITS, PULL BOXES AND NECESSARY FIXTURES FOR WOOD FENCE TELEPHONE AND RELATED USES AND FOR THE TRANSPORTATION OF APPLIES TO 252 COLLEGE STREET ELECTRIC POWER. BOOK 418, PAGE 233 WINSTON HART TO CITY OF BURLINGTON: PERPETUAL, EXCLUSIVE 32.16' S 84°44'43" W 28.98' N 84°44'43" E E11 " RETAINING WALL " N"84°44'43" E CC PARKING METER (TYP.) CC Sv-1 RIGHT-OF-WAY AND EASEMENT TO LAY, CONSTRUCT, RECONSTRUCT, " Sheet of OPERATE, MAINTAIN, REPLACE, AND REMOVE ELECTRIC TRANSMISSION, " 1 1 APPLIES TO 252 DISTRIBUTION AND COMMUNICATION LINES... CONTROL EGE STREET POINT #6 COLLEGE STREET; RIGHT OF ACCESS ALSO APPLIES TO 260 COLLEGE COLL Project Number STREET 58153.00 Page 138 of 140  Attachment B \\VHB.COM\GBL\PROJ\SBURLINGTON\58975.00 266 GREENCASTLE 266 COLL\CAD\LD\PLANSET\LOCAL PERMITTING\58975.00-LM S 86°51'47" W Zoning Summary Chart 88.89' Saved Monday, January 20, 2025 12:12:46 PM DHOJSAN Plotted Thursday, January 30, 2025 10:54:33 AM David Hojsan Zoning District(S): Downtown Center - FD5 ASPHALT Parking District: Multimodal Mixed Use PAVEMENT N 84°44'43" E Height District: F SiteCalculations Existing Required Provided N/F 62.35' LOT AREA 0.59 Acres No Change 0.59 Acres 260 COLLEGE STREET, LLC LIMIT OF DISTURBANCE (TYP.) PERVIOUS SURFACE NA 10% 10.8% * #260 COLLEGE STREET ASPHALT N/F 1335 * Pervious surface is comprised of 1,860 SF of pervious paving surfaces and 810 sf of pervious planted area. VOL. 1739; PG. 48 PAVEMENT (TYP.) ONION RIVER COOPERATIVE 210.682 PARCEL ID# 049-3-167 BENCHMARK 2 VOL. 1251 PG. 713 GAS VALVE SPAN ID# 114-035-17486 BOXCUT IN PARCEL ID# 049-3-159 35.33' PROPERTY LINE RETAINING WALL ELEV= 211.86 NAVD 88 PROPOSED RETAINING WALLS WITH RAILING FOR FALL BOLLARD N 87°12'26" E 19.06' PROTECTION, SEE ARCH & STRUCTURAL PLANS. S 2 51.74' 14.09' 3°5 PROPOSED RETAINING WALLS 1'3 8" W SEE ARCH & STRUCTURAL PLANS. BOLLARD N 87°21'08" E PROPOSED CONCRETE 45.65' S 5°37'40" SIDEWALK W 45.86' S 5°12'44" E CIVILENGINEER,& STAIRS WITH HANDRAILS EXISTING PAVEMENT TO BE REMOVED AND BOTH SIDES. AREA TO BE RESTORED TO LAWN LANDSCAPE: 99.90' 27.66' LIMIT OF DISTURBANCE (TYP.) VHB S 2°26'47" E FENCE. REFER TO EV CHARGING STATIONS S 6°21'47" E REFER TO FFE 202.58 40IDXDrive (2) EV PARKING SPACES ARCHITECTURAL PLANS FOR GATE REMOVE EX SHED ARCHITECTURAL PLANS Buliding100 REFER TO MEP PLANS BOLLARD S.Burilngton,VT05403 802-497-6165 1337 FFE 207.25 212.608 S 23°51'38" W SHED STRUCTURALENGINEER: GAS VALVE 30.11' HardyStructuralEngineers FFE 207.25 BOLTED DOWN WHEEL STOPS (TYP.) 875 Roosevelt Hwy, PROPOSED CURB LIMIT OF Ste.130 PERVIOUS PROPOSED DISTURBANCE PATIO CONCRETE Colchester, VT 05446 SAWCUT (TYP.) RAMP 802.655.0755 EV EV MECHANICAL,PLUMBING PERVIOUS PAVERS &ELECTRICALENGINEER RAILING. REFER CESEngineering,LLC TO ARCH PLANS PERVIOUS 35PleasantStreet ConcordNH03301 603-688-5925 PLANTED AREA 5 PROPOSED PAVEMENT MARKINGS CONCRETE PAVEMENT N/F N/F COPYRIGHT © 2015 SMITHBUCKLEYARCHITECTSPLLC CITY OF BURLINGTON ALL RIGHTS RESERVED 266 COLLEGE GREEN CASTLE, LLC STREET 5 VOL.154 PG.312 VOL. 1727 PG. 279-281 PARCEL ID# 049-3-159.001 COLLE66'GE EXISTING BUILDING 266 COLLEGE STREET PARCEL ID# 049-3-168 6' Apartments FFE 220.12 FFE 215.33 STAIRS TO BE REPLACED. MILL EXISTING PARKING REFER TO STRUCTURAL PLANS LOT WITH 1.5" PAVEMENT OVERLAY 20' (TYP) PROPOSED RESIDENTIAL 266 College Street N 84°44'43" E 128.38' ADDITION FEET WIDE 79 TOTAL UNITS 7 Burlington, VT 05401 S 84°47'08" W EX BUILDING TO REMAIN 111.34' 17' (TYP) PROPOSED CONCRETE SIDEWALK 8.5' (TYP) ASPHALT PROPOSED SEATING AREA ISSUED PAVEMENT (TYP.) 8.0' 15.4' 4.5' 01/17/2025 R10' UNDERGROUND TRANSFORMER VAULT/ UTILITY PERVIOUS HOLE. B.E.D. STANDARD 1634. COORDINATE FINAL SIZE AND LOCATION WITH B.E.D. N 2°55'52" W PLANTED AREA 199.89' TREE GRATE. PROPOSED LIGHT TO REPLACE EXISTING REFER TO LA PLANS. BIDSET TREE GRATE. REFER TO LA PLANS. PROP CONCRETE FFE 218.6 PROPERTY LINE FFE 217.6 SIDEWALK FFE 220.12 1.7' 21.6' NOTFOR R5' CONSTRUCTION 65.00' N 2°55'52" W PROPOSED PAVERS PROPOSED PAVERS ACR TYPE 'D-D' Layout and PROPOSED CROSSWALK STRIPING Materials EXISTING/PROPOSED CURB LINE ACR TYPE 'D-D' ATTACH EXISTING STREET 2 22' (TYP) 8' ACR TYPE 'D-D' 3 Plan SIGNAGE TO NEW LIGHT POLE R15' R10' LOADING/UNLOADING 22' (TYP) R10' R10' BIKE RACK (TYP) LIMIT OF PROPOSED STREET S. UNION STREET DISTURBANCE ACR TYPE 'D-D' LIGHT. REFER TO LIGHTING PLAN (TYP.)" ONE WAY SAWCUT (TYP.) SCALE: 1"=10' 49.5 FEET WIDE ASPHALT PAVEMENT (TYP.) PROPOSED PAVEMENT MARKINGS (TYP) PROPOSED CROSSWALK EXISTING BIKE LANE STRIPING REPLACE CURB AND GUTTER BENCHMARK 1 RR SPIKE IN NETBT10 ELEV= 217.56 NAVD 88 0 5 10 20 Feet C2.0 Page 139 of 140  Attachment C SEIZCAP-01 MNAYLOR DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/16/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Cheeseman Insurance Inc. dba Cheeseman Insurance Group PHONE FAX (A/C, No, Ext): (802) 861-4800 (A/C, No): (802) 861-4801 84 Pine St, Suite 500 E-MAIL Burlington, VT 05401 ADDRESS: info@cheesemaninsurance.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Markel Insurance Company INSURED INSURER B : Seizan Capital College Street LLC + Green Castle College LLC INSURER C : PO BOX 4484 INSURER D : Burlington, VT 05406 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 3AA841892 11/20/2024 11/20/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Burlington is named as additional insured in regard to the General Liability policy as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Burlington ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 140 of 140