License Committee — Burlington, VT
Date: 2025-03-19
Time: 17:45

City Council - License Committee



 Wednesday, March 19, 2025, 5:45 PM, Bushor Conference Room, 149 Church Street,
 1st Floor

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/96164086065
Phone one-tap:
+16469313860,,96164086065# US
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Webinar ID: 961 6408 6065
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1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopr agenda

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Consent Agenda

  Department Council and Board
Type Action (Consent)
 Procedural


Recommended Action Motion to adopt the consent agenda and take the actions indicated

Subject 2.2. Communication: BPD, re: 03/10/25, 9:30 am - 12:00 pm, March - Tibetan
 Association of Vermont, begins at City Hall and ends at City Hall
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.3. Communication: BPD, re: Saturday, April 19, 2025, 6:00 pm - 9:30 pm,
 Block Party, Hickok Place - between North Union Street and Converse Court
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.4. Communication: BPD, re: July 12, 2025, 12:00 pm - 3:00 pm, Parade-
 MadFreedon Advocates, Inc., begins at Hood Plant and ends at Battery Park
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.5. Tobacco and Tobacco Substitute Endorsement License Renewals (2025-
 2026): see attached list
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor
  Category 2. Consent Agenda

  Department Clerk/Treasurer's Office


  Type Action (Consent)


  Recommended Action approve the 2025-2026 Tobacco and Tobacco Substitute Endorsement License Renewals
 as listed

  Subject 2.6. Indoor and Outdoor Entertainment Permit Renewals (2025-2026): see
 attached list
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. 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

3. Deliberative Agenda
  Subject 3.1. Tobacco and Tobacco Substitute Endorsement Applications (2025-2026):
 JRY Burlington Store Corporation, d/b/a The Shopping Bag, 166 North Street
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Clerk/Treasurer's Office


  Type Action


  Recommended Action approve the 2025-2026 Tobacco and Tobacco Substitute Endorsement Applications for
 JRY Burlington Store Corporation, d/b/a The Shopping Bag, 166 North Street

  Subject 3.2. CityPlace Burlington - Third Amendment to License Agreement and
 Encumbrance Permit - Bank and Cherry Street Right-of-Way - DPW
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Public Works Department


  Type Action


  Recommended Action to approve and recommend that the City Council approve the Third Amendment to the
 Construction Encumbrance License Agreement between the City and CityPlace Partners,
 dated October 2022, requesting to extend the term date to expire June 1, 2027, and to
 further recommend that the City Council authorize the Mayor to enter into a Third
 Amendment of the License Agreement with the Applicant for use of the right-of-way
 outlined in Attachment F, subject to review by the City Attorney’s Office

 Subject 3.3. Department of Public Works - 266 College Street - Encumbrance Permit
 Request - DPW
 Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance
 Application for the parking lot 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
 266 College Street for construction activities and equipment staging, 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

4. Adjournment
 Subject 4.1. Motion to adjourn
 Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 4. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn

City Council - License Committee



 Wednesday, March 19, 2025, 5:45 PM, Bushor Conference Room, 149 Church Street,
 1st Floor

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/96164086065
Phone one-tap:
+16469313860,,96164086065# US
Join via audio:
+1 646 931 3860 US
Webinar ID: 961 6408 6065
International numbers available: https://zoom.us/u/adYxXAwfF9



1. Agenda
  Subject 1.1. Motion to adopt agenda
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 1. Agenda

  Department Council and Board


  Type Action
 Procedural


  Recommended Action Motion to adopr agenda

2. Consent Agenda
  Subject 2.1. Motion to adopt the consent agenda and take the actions indicated
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. Consent Agenda

  Department Council and Board




 Page 1 of 57
Type Action (Consent)
 Procedural


Recommended Action Motion to adopt the consent agenda and take the actions indicated

Subject 2.2. Communication: BPD, re: 03/10/25, 9:30 am - 12:00 pm, March - Tibetan
 Association of Vermont, begins at City Hall and ends at City Hall
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.3. Communication: BPD, re: Saturday, April 19, 2025, 6:00 pm - 9:30 pm,
 Block Party, Hickok Place - between North Union Street and Converse Court
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.4. Communication: BPD, re: July 12, 2025, 12:00 pm - 3:00 pm, Parade-
 MadFreedon Advocates, Inc., begins at Hood Plant and ends at Battery Park
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


Category 2. Consent Agenda

Department Police Department


Type Action (Consent)
 Communication
 Information


Recommended Action waive the reading, accept the communication and place it on file

Subject 2.5. Tobacco and Tobacco Substitute Endorsement License Renewals (2025-
 2026): see attached list
Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor




 Page 2 of 57
  Category 2. Consent Agenda

  Department Clerk/Treasurer's Office


  Type Action (Consent)


  Recommended Action approve the 2025-2026 Tobacco and Tobacco Substitute Endorsement License Renewals
 as listed

  Subject 2.6. Indoor and Outdoor Entertainment Permit Renewals (2025-2026): see
 attached list
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 2. 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

3. Deliberative Agenda
  Subject 3.1. Tobacco and Tobacco Substitute Endorsement Applications (2025-2026):
 JRY Burlington Store Corporation, d/b/a The Shopping Bag, 166 North Street
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Clerk/Treasurer's Office


  Type Action


  Recommended Action approve the 2025-2026 Tobacco and Tobacco Substitute Endorsement Applications for
 JRY Burlington Store Corporation, d/b/a The Shopping Bag, 166 North Street

  Subject 3.2. CityPlace Burlington - Third Amendment to License Agreement and
 Encumbrance Permit - Bank and Cherry Street Right-of-Way - DPW
  Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


  Category 3. Deliberative Agenda

  Department Public Works Department


  Type Action


  Recommended Action to approve and recommend that the City Council approve the Third Amendment to the
 Construction Encumbrance License Agreement between the City and CityPlace Partners,
 dated October 2022, requesting to extend the term date to expire June 1, 2027, and to
 further recommend that the City Council authorize the Mayor to enter into a Third



 Page 3 of 57
 Amendment of the License Agreement with the Applicant for use of the right-of-way
 outlined in Attachment F, subject to review by the City Attorney’s Office

 Subject 3.3. Department of Public Works - 266 College Street - Encumbrance Permit
 Request - DPW
 Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 3. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action to approve and recommend that the City Council approve the Encumbrance
 Application for the parking lot 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
 266 College Street for construction activities and equipment staging, 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

4. Adjournment
 Subject 4.1. Motion to adjourn
 Meeting March 19, 2025 - City Council License Committee Meeting - Wednesday, March 19,
 2025, 5:45 PM, Bushor Conference Room, 149 Church Street, 1st Floor


 Category 4. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn




 Page 4 of 57
Page 5 of 57
Page 6 of 57
Page 7 of 57
 2025-2026 Tobacco License and Tobacco Substitute Endorsement Renewals
 City Council License Committee Meeting, Wednesday, March 19, 2025

Tobacco:

Bessery’s Quality Market
B2: 103 Shelburne Road
Champlain Farms: 219 Main Street
Champlain Farms: 328 North Avenue
Champlain Farms: 315 Shelburne Road
Dot’s Market
Downtown Quick Stop
Float On
Momo’s Market
NJ Beverages
Northern Lights
Simon’s Store – Park Street
The Shopping Bag
Walgreens

Tobacco Substitute Endorsements:

B2: 103 Shelburne Road
Champlain Farms: 219 Main Street
Champlain Farms: 328 North Avenue
Champlain Farms: 315 Shelburne Road
Dot’s Market
Downtown Quick Stop
Float On
NJ Beverages
Simon’s Store – Park Street
The Shopping Bag




 Page 8 of 57
 2025-2026 Indoor/Outdoor Entertainment License Renewals
 City Council License Committee Meeting, Wednesday, March 19, 2025

Indoor Entertainment License:
Foam Brewers & Deep City
Hilton Garden Inn Burlington Downtown
Hotel Champlain Burlington, Curio Collection by Hilton
JP'S Pub
Olde Northender Pub
Rasputin's
Red Square
Ri Ra Vermont LLC
Simple Roots Brewing
Splash at the Boathouse
T. Rugg's Tavern
Tank Studio, INC (Tank Recording Studio)
The Friendly Toast
The Wallflower Collective
Three Needs
Vermont Comedy Club
Vermont Pub & Brewery
Zero Gravity Beer Hall

Outdoor Entertainment License:
Beach House
Foam Brewers & Deep City
Halvorson's inc.
Hotel Champlain Burlington, Curio Collection by Hilton
Huskies Kaptial, LLC dba Vermont Lake Monsters
Red Square
Ri Ra Vermont LLC
Shanty on the Shore
Splash at the Boathouse
Spot on the Dock
The Gryphon, LLC
Vermont Pub & Brewery
Zero Gravity Beer Hall




 Page 9 of 57
Page 10 of 57
Page 11 of 57
Page 12 of 57
Page 13 of 57
 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: Caleb Manna, Associate Public Works Engineer, Department of Public Works

DATE: March 19th, 2025

CC: Chapin Spencer, Director of Public Works.
 Laura Wheelock, P.E.; Sr. Public Works Engineer

RE: CityPlace Burlington – Third Amendment to License Agreement and
 Encumbrance Permit - Bank and Cherry Street Right-of-Way


Request

The applicant, CityPlace Partners, is requesting approval to extend the term date on the Second
Amendment to the Agreement between CityPlace Partners (CPP) and the City of Burlington (City)
Regarding Construction Encumbrance License Agreement. The current term date on second
amendment to the agreement is set to expire on April 1, 2025.

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

To facilitate the initial phase of construction on CityPlace Burlington, The Department of Public
Works issued Encumbrance Permit REN 22-66 and REN 22-65 in October of 2022 following City
Council approval for long term occupancy of the Bank and Cherry Street right-of-way to begin the
construction on the project.

DPW issued Encumbrance Permit REN 23-1 on February 14, 2023 to S.D. Ireland, representing
CityPlace Partners, requesting to occupy an additional 2,850 sq. ft. of public right-of-way space
on Cherry Street. The request proposed to eliminated twelve (12) parking spaces on the South
side of Cherry Street, and, at the request of DPW, remove three (3) metered parking spaces on
the North side of 133 Bank Street to enhance public transportation safety, and allow more space
for local delivery access.

Following approval of this request in spring of 2023, CPP decided against use of the metered
parking stall on the South side of Cherry St, as previously requested and approved. As such,
metered parking on Cherry St. has remained publicly available throughout the duration of this
project in effort to make right of way space available.




 Page 14 of 57
RE: CityPlace Burlington March 19th, 2025
 Page | 2 of 3



The project is now at a point where construction on the North Tower for CityPlace will require use
of the 12 metered parking spaces on the South side of Cherry Street previously approved under
the First Amendment to the agreement. The spaces will be used to help construct the exterior
siding, windows, balconies, and streetscape features, as well as provide additional public pro-
tection from construction activities.

In recent discussions between CityPlace Partners and DPW, the applicant has indicated that right-
of-way occupation on Bank Street is scheduled to end in May of 2025. Bank Street will be returned
to a two-way travel condition approved under Bank Street Greats Streets being concurrently
constructed as the South Tower of CityPlace comes online in the spring of 2025.

Under the Third Amendment to the agreement, with a term date of April 1, 2025 to June 1 2027,
the occupation of Bank Street ceases in May, and the occupation of Cherry Street expands to
include the metered parking stall on the south side of roadway between Pine Street and St. Paul
Street.

Recommendation

The Department of Public Works is supportive of entering into a Third Amendment to the License
Agreement between the applicant and the City, to extend the expiration of the term date 6/1/2027.
No further changes to the Agreement are anticipated at this time.

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. Encumbrance Permit Application
 B. DPW Recommendation Form
 C. Third Amendment to Agreement between CPP and City
 D. Second Amendment to Agreement between CPP and City
 E. First Amendment to Agreement between CPP and City
 F. Agreement between CPP and City
 G. Site Plan
 H. Certificate of Insurance

Motions:

License Committee:
 “To approve and recommend that the City Council approve the Third Amendment to the
 Construction Encumbrance License Agreement between the City and CityPlace Partners,
 dated October 2022, requesting to extend the term date to expire June 1, 2027, and to
 further recommend that the City Council authorize the Mayor to enter into a Third
 Amendment of the License Agreement with the Applicant for use of the right-of-way
 outlined in Attachment F, 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 15 of 57
RE: CityPlace Burlington March 19th, 2025
 Page | 3 of 3


City Council:
 “To approve and authorize the Second Amendment to the Construction Encumbrance
 License Agreement between the City and CityPlace Partners, dated October 2022,
 requesting to extend the term date to expire June 1, 2027, and to further recommend that
 the City Council authorize the Mayor to enter into a Third Amendment of the License
 Agreement with the Applicant for use of the right-of-way outlined in Attachment F, 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 16 of 57
Attachment A




 Page 17 of 57
Page 18 of 57
Page 19 of 57
Attachment-B


 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
 3/1/2025
DBA NAME: DATE:
 CityPlace Partners 802-316-6452
COMPANY NAME: PHONE:
 Dave Farrington dave@btvspaces.com
CONTACT NAME: EMAIL:
 110 Main St. Suite 2B, Burlington, VT
MAILING ADDRESS:
 75 Cherry 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:
 Pedestrian detour to Northern sidewalk on Cherry St. Install temporary pedestrian

 crosswalk as shown in Ex-G

 4. Has this business remained in compliance to date (RENEWALS ONLY)?
 YES [ ] NO [ ]

 5. Describe the encumbrance, including square footage and location of items:
 North side of Bank Street to reopen in May 2025. South side of Cherry Street metered
 parking and sidewalk to be obstructed until June 2027.

 BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY

Approved: Yes [ ] No [ ] If no, reason:
 Caleb Manna 3/1/2025
Signature: Date:




 Page 20 of 57
Attachment-C

 THIRD AMENDMENT TO
 CONSTRUCTION ENCUMBRANCE LICENSE AGREEMENT

This Third Amendment to Construction Encumbrance License Agreement (this
“Third Amendment”) is entered on March__, 2025 (the “Third Amendment
Effective Date”), between the City of Burlington, a Vermont municipal corporation
(the “City”), and City Place Partners, LLC, a Vermont Limited Liability Company
(“CPP”), with respect to the following facts:

A. On or about October 31, 2022, the parties entered a Construction Encumbrance
 License Agreement (the “Agreement”), which granted CPP a license to use
 certain portions of City-owned right of way in connection with construction of
 that certain development known as City Place Burlington.

B. On or about March 13th, 2023, the parties entered a first amendment to the
 Agreement (the “First Amendment”), which generally expanded the license
 area, modified a definition, and extended the term of the Agreement until April
 1, 2024.

C. On or about April 2, 2024, the parties entered a second amendment to the
 Agreement (the “Second Amendment), to extend the term of the Agreement to
 April 1, 2025, adjust the total occupied square feet of right-of-way space on
 Cherry Street to include twelve (12) metered parking stalls, and to increase
 insurance requirements under the Agreement known as the second amendment
 of the original a Construction Encumbrance License Agreement established on
 October 31, 2022.

D. By this Third Amendment, the parties now desire to extend the term of the
 Agreement until June 1st 2027 and utilize the Cherry Street parking stall that
 is adjacent to the City Place build lot on the south side of Cherry Street, which
 includes twelve (12) metered parking spots and will cover 7800 sq. ft. as
 approved

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. The term of the Agreement as set forth in Section 2.B of the Agreement is
 hereby extended until April 1, 2027.

2. The total area of occupied right-of-way space on Bank and Cherry Street is
 amended to 15,704 sq. ft, with 7,904 sq. ft. permitted on Bank Street, and
 7,800 sq. ft. on Cherry Street that will include metered parking stalls as shown
 in “Attachment -G, Site Plan”.


 Page 21 of 57
3. From the Effective Date, the grant of license set forth in Section 4 of the
 Agreement shall be deemed to include the Additional License Area.

4. Except as otherwise set forth herein, the Agreement as amended by the First
 Amendment and Second Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Amendment as of
the Third Amendment Effective Date.

CITY CPP

By: ___________________________ By: ___________________________
 ____________________, Mayor David C. Farrington, Member




 Page 22 of 57
Attachment-D




 04/02/2024




 Page 23 of 57
Attachment-E


 FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITYPLACE PARTNERS
 AND THE CITY OF BURLINGTON REGARDING CONSTRUCTION
 ENCUMBRANCE LICENSE AGREEMENT

 A First Amendment to the Agreement between CityPlace Partners and The City of Burlington
 regarding Construction Encumbrance License Agreement (the “First Amendment”) is made and
 entered into as of the 13th day of March, 2023 by and between the City of Burlington, a
 Vermont municipal corporation (“City”), and CityPlace Partners (“Licensee”) (collectively, “the
 parties”).

 Background
 A. The parties entered into that certain agreement, dated as of 10/31/2022 (the “Agreement”)
 in order to occupy a portion of City right-of-way on Bank and Cherry Street with
 construction and barrier fencing. According to Licensee’s application, it will cover a
 12,854 square foot area of the public sidewalk and parking stall, with 7,904 sq. ft. on the
 North side of Bank Street between Pine and St. Paul Street, and 4,950 sq. ft. on the South
 side of Cherry Street, between St. Paul and Pine Street.


 B. The parties agreed to grant to Licensee a license to maintain barricade fencing and concrete
 block retaining walls extending into the public right-of-way adjacent to 75 Cherry Street,
 on the North side of Bank Street and the South side of Cherry, covering a total area of
 12,854 sq. ft. for the term set to expire on June 1, 2023. Licensee may use and maintain
 the occupied portion of the sidewalk and parking stall existing in the City’s right-of-way.


 C. The parties desire to enter into this First Amendment in order to:
 1) Include the removal of three metered on street parking spaces on Bank Street; and
 amend the total area of encumbrance on Cherry Street from 4,950 square feet to 7,800
 square feet, to include the removal of 12 metered on street parking spaces on the South
 side of Cherry Street between Pine Street and the Downtown Transit Center, and
 2) Extend the expiration date of this agreement to expire on April 1, 2024.

 NOW THEREFORE, in consideration of the Background described above and other good and
 valuable consideration, IT IS AGREED by and between the City and CityPlace Partners as follows:



 Page 1 of 3


 Page 24 of 57
1. In Section 1 (Recitals), paragraph C (Background) the original text shall be revised as
 follows, with deletions indicated by strikethroughs and additions indicated by
 underlines:
 The City owns property, including the street and sidewalk right-of-way adjacent to
 the property located 75 Cherry Street and 130 Bank Street. Licensee has submitted
 a construction encumbrance application seeking occupation of City right-of-way
 on Bank and Cherry Street with construction and barrier fencing. According to
 Licensee’s application, it will cover a 12,854 square foot area of the public sidewalk
 and parking stall, with 7,904 sq. ft. on the North side of Bank Street between Pine
 and St. Paul Street, and 4,950 sq. ft. 7,800 sq. ft. on the South side of Cherry Street,
 between St. Paul and Pine Street.


2. In Section 2 (Effective Date and Term), paragraph B (Term), the original text shall be
 revised as follows, with deletions indicated by strikethroughs and additions indicated
 by underlines:

 This Agreement shall commence on the Effective Date and expire on June 1, 2023.
 April 1, 2024.

3. In Section 3 (Definitions) paragraph B (Encumbrance fee) the original text shall be
 revised as follows, with deletions indicated by strikethroughs and additions indicated
 by underlines:
 “Encumbrance Fee” means the sum of the encumbrance application fee, maximum
 daily meter rate fee, and the square foot use fee annually set by the City.

4. In Section 4 (Grant of License) the original text shall be revised as follows, with deletions
indicated by strikethroughs and additions indicated by underlines:

 The City hereby grants to Licensee a license to maintain barricade fencing and
 concrete block retaining walls extending into the public right-of-way adjacent to 75
 Cherry Street, on the North side of Bank Street and the South side of Cherry,
 covering a total area of 12,854 sq. ft. 15,704 sq. ft. for the term set forth in §2.B of
 this Agreement. Licensee may use and maintain the occupied portion of the
 sidewalk and parking stall existing in the City’s right-of-way and must be

 Page 2 of 3


 Page 25 of 57
DAVID C FARRINGTON JR




 Page 26 of 57
Attachment-F


 CONSTRUCTION ENCUMBRANCE LICENSE AGREEMENT
 CityPlace Partners, LLC
 110 Main Street, Burlington, VT

 This Construction Encumbrance 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 CityPlace Partners, LLC, a Domestic Limited Liability Company with a principal place of
 business at 110 Main Street, Suite 2b, Burlington, VT (“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 the
 property located 75 Cherry Street and 130 Bank Street. Licensee has submitted a construction
 encumbrance application seeking occupation of City right-of-way on Bank and Cherry Street with
 construction and barrier fencing. According to Licensee’s application, it will cover a 12,854 square
 foot area of the public sidewalk and parking stall, with 7,904 sq. ft. on the North side of Bank Street
 between Pine and St. Paul Street, and 4,950 sq. ft. on the South side of Cherry Street, between St.
 Paul and Pine Street.

 D. Purpose. This Agreement sets forth the terms and conditions for the requested use of the public
 right-of way.

 2. 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.
 B. Term. This Agreement shall commence on the Effective Date and expire on June 1, 2023.
 C. Termination. This Agreement may be terminated as set forth in this §2.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 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.



 Page 1 of 7


 Page 27 of 57
 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 7 days written notice in advance of the
 termination date.


3. 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 street and sidewalk right-of-way on the North Side of Bank Street between
 Pine Street and St. Paul Street, and the South Side of Cherry Street between Pine Street and the
 Downtown Transit Center.
 E. “Property” means the commercial building lot located at 75 Cherry Street in Burlington,
 Vermont, inclusive of the barricade fencing that is the subject of this Agreement.

4. GRANT OF LICENSE
 The City hereby grants to Licensee a license to maintain barricade fencing and concrete block
 retaining walls extending into the public right-of-way adjacent to 75 Cherry Street, on the North side
 of Bank Street and the South side of Cherry, covering a total area of 12,854 sq. ft. for the term set
 forth in §2.B of this Agreement. Licensee may use and maintain the occupied portion of the sidewalk
 and parking stall existing in the City’s right-of-way and must be maintained and placed exactly as
 described in the plan approved by the Department of Public Works, which is attached hereto as
 Attachment C.

5. LICENSE CONDITIONS

The Premises shall be maintained in accordance with all conditions set by 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. CityPlace Partners 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.

 B. CityPlace Partners 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. CityPlace Partners
 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. CityPlace Partners shall take all
 additional reasonable activities requested by DPW to control such dust, dirt and debris. CityPlace
 Partners 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 CityPlace Partners.




 Page 2 of 7


 Page 28 of 57
  C. CityPlace Partners shall not allow obstructions and interferences in the lines of sight on the
 Premises or the adjacent construction site.

  D. CityPlace Partners 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. CityPlace Partners shall erect proper signage to redirect pedestrians safely
 from the Premises. CityPlace Partners 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. CityPlace Partners shall take all additional reasonable activities requested
 by DPW to control such pedestrian traffic. CityPlace Partners 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. CityPlace Partners 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 CityPlace Partners to implement
 those changes.

  E. CityPlace Partners 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
 CityPlace Partners use of the Premises. CityPlace Partners shall submit a utility protection plan to
 DPW’s excavation inspector detailing the activities it shall take to protect such utilities.
 CityPlace Partners shall take all additional reasonable activities requested by DPW to protect
 such utilities.

  F. CityPlace Partners shall not maintain or store any toxic or hazardous waste materials or
 contaminants upon the Premises. CityPlace Partners shall defend, indemnify and save the City
 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 CityPlace Partners.

  G. CityPlace Partners 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. If CityPlace Partners 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 Department of Public Works.

6. PAYMENT FOR LICENSE
  A. License Fee. Licensee shall pay the City a license fee equal to the applicable 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 licensee fee for the fee period ending June 1, 2023.

7. INSURANCE
  A. Requirement. Licensee shall maintain in effect throughout the term of this Agreement, and any

 Page 3 of 7


 Page 29 of 57
 subsequent renewals, comprehensive public liability insurance with an A rated insurance carrier,
 or better, qualified to transact business in the State of Vermont, insuring against all legal liability
 for injuries or damages suffered as a result of the exercise of rights granted pursuant to this
 Agreement in an amount not less than $1,000,000 each occurrence. The City shall be named as
 an additional insured on such insurance policy.
  B. Evidence. Prior to execution of this Agreement, Licensee shall furnish the City with a certificate
 of insurance and endorsement that shall include the provision that the City is named as an
 additional insured. Licensee shall also furnish the City with an endorsement indicating that
 Licensee shall be given 15 days’ written notification prior to cancellation of such insurance for
 nonpayment of premium and 45 days’ written notice for any other reason. Licensee shall take all
 reasonable efforts to acquire an endorsement providing the City with 10 days’ written notification
 prior to cancellation of such insurance for nonpayment of premium and 30 days’ written
 notification for any other reason. If such endorsement is not reasonably available then Licensee
 shall provide the City with notification of any impending cancellations within three 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
  The Licensee shall indemnify, defend, and hold harmless the City and its officers and employees from
  liability and any claims, suits, expenses, losses, judgments, and damages arising as a result of the
  Licensee’s acts and/or omissions, and the acts and/or omissions of Licensee’s contractors and
  subcontractors under this Agreement. If the City, its officers, agents, or employees are notified of any
  claims asserted against it to which this indemnification provision may apply, the City shall
  immediately thereafter notify the Licensee in writing that a claim to which the indemnification
  provision may apply has been filed. Licensee shall immediately 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:

  The Licensee shall assume primary responsibility for general supervision of its contractors and any
  subcontractors for all work performed under the Agreement and shall be solely responsible for all
  procedures, methods, and work performed under the Agreement. The Licensee shall be responsible to
  the City for all acts or omissions of its contractors and subcontractors and any other person performing
  work 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.


 Page 4 of 7


 Page 30 of 57
11. PERMITS
  Licensee shall be responsible for obtaining all necessary City and/or State permits prior to placement,
  repair, or reconstruction.

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
  If Licensee sells the Property, Licensee may temporarily assign the rights granted herein to the new
  owner of the Property for a period of 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 60 day period.
  Failure to comply with this §11 shall constitute a discontinued use under §2.C.i of this Agreement.

15. LIMITATION OF RIGHTS
  Licensee acknowledges that no property or other right is created other than that specifically defined
  and limited by this Agreement.

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. 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 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.


 Page 5 of 7


 Page 31 of 57
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. ATTACHMENTS
  The following attachments 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 the relationship of the Parties over any conflicting attachment.



 — Signature Page Follows —




 Page 6 of 7


 Page 32 of 57
Page 33 of 57
 Provided by 193 Industrial Ave, Williston, VT 05495 Phone: (802) 658-0201
 City
 Existing Retain Parking on PO Box 2286, South Burlington, VT 05407 www.SDIreland.com
 North Side of Street


 A
 Stop Bar 8' Existing Parking
 New ADA Compliant Crosswalk
 Stop Bar 12' Travel Lane (2) 10' Gates
 New ADA Access Ramp 12' Travel Lane Cherry Street
 Gate

 A
 Gate



 Phase 1 Encumbrance
 Provided by
 City SDI to Notify Telecom Companies SDI to Notify Fire Department of Hydrant
 of Manhole Vocations Behind Barriers Locations Behind Barriers and Provide
 and Provide Them with Aget Codes/Keys them with Gate Codes/Keys


 W11-2
 Crosswalk Line of Barriers and fence
 w/ Screening Provide No Parking
 Construction
 Sign
 Signs on Screen Fence

 Access

 Attachment -G

 Encumbrance Parking Two-Way Traffic
 11'-0" 8'-0" 32'-0"




 Renew As-Is on a Cherry Street Section A-A

 Month-By-Month Basis
 As Needed
 (6) Parking Spots (5) Parking Spots
 n
 Constructio
 Phase 1 Encumbrance
 Access
 Loading Zone Line of Fence
 w/ Screening


 Gate


 Gate Gate

 9' (14) Parking Spots Bank Street
 12' Travel Lane




 Loading and Turnout Zone




 IA


 Approval Stamp:
 The Undersigned has reviewed this drawing and is returning it to S.D. Ireland
 with the following approval for fabrication & shipment;




 St Paul Street
 Approved




 Pine Street
 Approved as Noted

 Approved as Noted (Resubmit for Record)

 Revise and Resubmit

 By: Date:
 (Signature)

 By:
 (Please Print)

 Company:

 * Please note that revisions may affect pricing and lead times.


 Rev. Date By Description
 1 10/11/22 MW/IA Rev per Comments

 2 01/15/25 LM/IA Notes and Section Added




 Project
 Name: City Place Burlington
 Project
 Burlington,VT
City Place Phase 1 Encumbrance Location:
 Drawing
 Title: Ph 1 Traffic Control Plan
Traffic and Pedestrian Control Plan Job #: Date:
 02/14/23
 Scale: Page:
 N.T.S. 1 of 1




 Page 34 of 57
Attachment-H




 Page 35 of 57
Page 36 of 57
 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: Caleb Manna, Associate Public Works Engineer, Department of Public Works

DATE: March 19, 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 –266 College Street– Encumbrance Permit Request


Request

The applicant, ReArch Companies Inc., is requesting approval from the Licensing Committee for
long-term obstruction of the public sidewalk and parking stall on the west side of S. Union Street,
between College Street and Bradley Street, as well as occupying twenty one (21) meter parking
spaces in the city owned parking lot adjacent to 266 College Street and City Market.

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 25-1) from ReArch Companies
on February 11, 2025, requesting use of the public right of way to facilitate development on the
old YMCA parcel located at 266 College until November of 2027. Work under the project will
remove and reconstruct a portion of the building to be converted into housing units. In order to
demolish and construct the building, the applicant will require use of the sidewalk and parking
stalls on S. Union Street, for truck loading/unloading, and a support of excavation for the new
building foundation.

Use of the city owned parking lot adjacent to downtown City Market will also be needed during
construction. DPW staff, the owner of 266 College Street, and ReArch met with City Market in
February of 2025 to discuss impacts to the area. During these conversations, it was agreed
upon that a slip lane for traffic existing out to S. Union Street will be maintained in an effort to
minimize disruptions to a highly trafficked destination for Burlington.




 Page 37 of 57
RE: 266 College Street March 19, 2025
 Page | 2 of 2



The permit applicant proposed a reduced meter fee, typically billed under maximum daily meter
rate, in exchange for the resurfacing of the existing parking lot, estimated at $75,000 value. The
value in exchange for pavement resurfacing on the city owned parking lot will be deducted from
the annual meter fee in FY27.

This construction encumbrance permit and license agreement will allow the contractor to use
the City Parking Lot adjacent to 266 College Street, as well as the sidewalk and parking stall on
the west side of S. Union Street as a staging and laydown area 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.

The City included requirements for posting notice for the lot prior to and following the
encumbrance of these spaces for construction. There are currently 21 hourly spaces in the
parking lot, and 12 spaces in the southern side of South Union Street in front of the property. All
of these spaces are metered parking. Should the opportunity arise where use of the public
metered parking is not needed by the contractor, the spaces will be returned to public use.

Recommendation

Thank you for consideration of this request, please do not hesitate to contact me directly at
CManna@burlingtonvt.gov or 802-865-7562.

Attachments

 A. Encumbrance Permit Application
 B. DPW Recommendation Form
 C. Site Plan
 D. Encumbrance and Meter Fees
 E. Certificate of Insurance

Motions:

License Committee:
 “To approve and recommend that the City Council approve the Encumbrance Application
 for the parking lot 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 266 College
 Street for construction activities and equipment staging, 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 parking lot
 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 266 College Street 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 38 of 57
 ENCUMBRANCE PERMIT AND LICENSE AGREEMENT
 ReArch Company Inc.
 88 Technology Parkway, Suite 2, 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 (“City”), and ReArch, Company Inc., a domestic business corporation located at 88 Technology
Parkway, South Burlington VT 05403. (“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 the
 property located 266 College Street. Licensee has submitted a construction encumbrance application
 seeking the continued occupation of city right-of-way on College Street, S. Union Street, and adja-
 cent city owned parking lot for construction activities. According to Licensee’s
 application, the construction staging area will cover a 15,866 square foot area of the public right-of-
 way, split between the city owned parking lot which contains 21 Parking spaces to the north of the
 266 College Street parcel, the College Street sidewalk and the west side of S. Union St adjacent to
 the parcel.

 D. Purpose. This Agreement sets forth the terms and conditions for the requested 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, parking meter fees, 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 street and sidewalk right-of-way on the north side of College Street and
 west side of South Union Street and the City owned parking lot adjacent to 266 College Street.
 E. “Property” means the commercial building lot located at 266 College Street in Burlington,
 Vermont, inclusive of the construction activities that are the subject of this Agreement.




 Page 39 of 57
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.
B. Term. This Agreement shall commence on the Effective Date and expire on 11/11/2027.
C. Termination. This Agreement may be terminated as set forth in this §2.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 curbing, greenbelt and adjacent
 roadway to the property.


 v. Renewal. This agreement shall be renewable annually for the agreed term dates of the
 project for a one (1) year term provided that Licensee submits a timely annual renewal
 application including any information reasonably requested by the City and 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 use 15,866 square feet the city right of way including
the city parking lot north of the 266 College property with a ten foot (10’) vehicular pass through ad-
jacent to the neighboring laundry mat. The sidewalk and metered parking will be obstructed on the
west side of S. Union Street, as well as the sidewalk on College Street adjacent to the premise for the
term set forth in §2.B of this Agreement. Licensee may use and maintain the city sidewalk, street,
and city parking lot within the city’s right-of-way which must be maintained and placed exactly as
described in the plan approved by the Department of Public Works as detailed in Attachement-C




 Page 40 of 57
5. LICENSE CONDITIONS

The Premises shall be maintained in accordance with all conditions set by 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. Licensee shall take all reasonable precautions to protect the public from potential hazards
 resulting and emanating from the property due to activities related to the uses for which this
 encumbrance is permitted.

 B. Licensee 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. Licensee 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. Licensee shall take all additional reasonable activities
 requested by DPW to control such dust, dirt and debris. Licensee 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 Licensee.

 C. Licensee shall not allow obstructions and interferences in the lines of sight on the Premises or the
 adjacent construction area, pertaining to entering and exiting of neighboring lots, and clear line of
 site must be maintained to unobstruct the vision of motor vehicles and motorist.

 D. Licensee 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. Licensee shall erect proper signage to redirect pedestrians safely from the Premises.
 Licensee 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.
 Licensee shall take all additional reasonable activities requested by DPW to control such
 pedestrian traffic. Licensee 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. Licensee 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 Licensee to implement those changes.

 E. Licensee 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 Licensee use of the
 Premises. ReArch shall submit a utility protection plan to DPW’s excavation inspector detailing
 the activities it shall take to protect such utilities. Licensee shall take all additional reasonable
 activities requested by DPW to protect such utilities.

 F. Licensee shall not maintain or store any toxic or hazardous waste materials or contaminants upon
 the Premises. Licensee Without limiting Licensee’s general indemnification and defense
 obligations hereunder, Licensee shall defend, indemnify and save the City harmless from any
 claims, causes of action, penalties, fines or other assessments, or the expense and cost of cleanup




 Page 41 of 57
 arising out of or in connection with said hazardous or toxic materials or contaminants upon said
 premises caused by ReArch.

G. Licensee 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. Licensee shall be responsible for the maintenance and associated repair of approximately 3240
 square feet of the street and sidewalk on College St, approximately 2736 square feet of South
 Union Street and approximately 21 parking spaces in the City owned lot and sidewalk areas to the
 north of 266 College parcel.

I. If Licensee 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



5. PAYMENT FOR LICENSE

 A. License Fee Term. Licensee shall pay the City an annual encumbrance fee, as described in
 Terms.

 B. Initial License Fee Term. By signing this Agreement, the Parties acknowledge that Licensee
 has paid the City the license fee for the period beginning 3/31/2025 and ending 04/30/2026.

 C. Parking Meter Fee. Licensee shall pay all associated calculated parking meter fees for
 obstructed and or encumbered parking meter fees as detailed in Attachment-D.


A. INSURANCE

 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




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 at all times.

D. Requirement. Licensee shall maintain throughout the term of this Agreement, and any
 subsequent extension or renewals, comprehensive public liability insurance with an A or better
 rated insurance carrier, qualified to transact business in the State of Vermont, insuring against all
 legal liability for injuries or damages suffered as a result of the exercise of rights granted by this
 Agreement in an amount not less than $1,000,000 each occurrence. The City shall be named as
 an additional insured on such insurance policy.
E. 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. Licensee shall also furnish the City with an endorsement indicating that Licensee shall
 be given 15 days’ written notification prior to cancellation of such insurance for nonpayment of
 premium and 45 days’ written notice for any other reason. Licensee shall take all reasonable
 efforts to acquire an endorsement providing the City with 10 days’ written notification prior to
 cancellation of such insurance for nonpayment of premium and 30 days’ written notification for
 any other reason. If such endorsement is not reasonably available then Licensee shall provide the
 City with notification of any impending cancellations within three 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.


F. 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.



6. 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
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.

7. RESPONSIBILITY FOR SUPERVISION:

Licensee shall assume responsibility for general supervision of its contractors and any subcontractors,




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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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 §14 shall constitute a discontinued use under §3C.i of
this Agreement.


13. LIMITATION 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.

14. 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




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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.

15. 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.

16. 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.

17. 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.

18. ATTACHMENTS
The following attachments are adopted, incorporated by reference, and made part of this Agreement:
Attachment A: Licensee’s Application

Attachment B: Department of Public Works Encumbrance Recommendation Form.

Attachment C: Photos and Sketches of Encumbrance.

Attachment D: Encumbrance and Meter Fee Revenue

Attachment E: Certificate of Insurance.


19. ORDER OF PRECEDENT
This Agreement shall control over any conflicting attachment.



 — Signature Page Follows —




 Page 45 of 57
20. 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
 [ReArch, Inc.]
 88 Technology Parkway, Suite 2 South Burlington, VT 05403


 By: __________________________________
 [ Bert DeLaBruere / President]

 Date: ____________________


 By:____________________________________

 [Ben Roll / Vice President of Construction]

 Date:____________________


 By:____________________________________
 [ Christa Vandevord / Chief Financial Officer]

 Date:_____________________




 CITY OF BURLINGTON
 Mayor Emma Mulvaney-Stanak



 By: _________________________________
 Mayor Emma Mulvaney-Stanak
 Duly Authorized

 Date: ____________________




 Page 46 of 57
Attachment-A




 Page 47 of 57
 Attachment-B



 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
 3/14/2025
DBA NAME: DATE:
 ReArch Companies Inc. 802-865-9093
COMPANY NAME: PHONE:
 Hunter Gomez Hunterg@rearchcompany.com
CONTACT NAME: EMAIL:
 88 Technology Parkway, S. Burlington VT 05403
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 owned parking lot by City Market, South side of South Union
 Street including sidewalk, greenbelt, and parking stall. Sidewalk on College
 Street

 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 15,866 sq. ft. city owned parking lot with
 construction materials, and equipment.

 BELOW THIS LINE – DEPARTMENT OF PUBLIC WORKS OFFICE USE ONLY

Approved: Yes [ ] No [ ] If no, reason:
 Caleb Manna
Signature: Date: 3/14/2025




 Page 48 of 57
Attachment-C




 Page 49 of 57
Page 50 of 57
Page 51 of 57
Page 52 of 57
Page 53 of 57
Page 54 of 57
 Attachment-D
 Client#: 2003955 REARCCOM
 DATE (MM/DD/YYYY)
 ACORD TM CERTIFICATE OF LIABILITY INSURANCE 1/08/2025
  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 any rights to the certificate holder in lieu of such endorsement(s).
 CONTACT
PRODUCER NAME: Denise Rybeck
USI Insurance Services LLC PHONE FAX
 (A/C, No, Ext): 855 874-0123 (A/C, No):
3 Executive Park Drive, Suite 300 E-MAIL
 ADDRESS: Denise.Rybeck@usi.com
Bedford, NH 03110 INSURER(S) AFFORDING COVERAGE NAIC #
855 874-0123 INSURER A : National Union Fire Ins Co of Pitts, PA 19445
INSURED INSURER B : Palomar Excess and Surplus Insurance Co 16754
 ReArch Company Inc. 36056
 INSURER C : Navigators Specialty Insurance Co.
 ReArch Properties, LLC 23841
 INSURER D : New Hampshire Insurance Company
 88 Technology Park Way, Ste 2 28665
 INSURER E : Cincinnati Casualty Company
 South Burlington, VT 05403
 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 INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY X X 6896112 09/01/2024 09/01/2025 EACH OCCURRENCE $ 2,000,000
 DAMAGE TO RENTED
 CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 300,000

 MED EXP (Any one person) $ 10,000

 PERSONAL & ADV INJURY $ 4,000,000
 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 15,000,000
 PRO-
 POLICY  X JECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000

 OTHER: $

A AUTOMOBILE LIABILITY X X 5774713 09/01/2024 09/01/2025 COMBINED SINGLE LIMIT
 (Ea accident) $ 2,000,000
 X ANY AUTO BODILY INJURY (Per person) $
 OWNED SCHEDULED BODILY INJURY (Per accident) $
 AUTOS ONLY AUTOS
 HIRED NON-OWNED PROPERTY DAMAGE
 X AUTOS ONLY X AUTOS ONLY (Per accident) $

 $

B UMBRELLA LIAB X OCCUR X X PESXS012863 09/01/2024 09/01/2025 EACH OCCURRENCE $ 8,000,000
C X EXCESS LIAB CLAIMS-MADE X X RK24EXCZ0HQF3IC 09/01/2024 09/01/2025 AGGREGATE $ 8,000,000

 DED X RETENTION $$0 $
 WORKERS COMPENSATION PER OTH-
D AND EMPLOYERS' LIABILITY
 WC013265802 09/01/2024 09/01/2025 X STATUTE ER
 Y/N
 ANY PROPRIETOR/PARTNER/EXECUTIVE 3A States: NH & VT E.L. EACH ACCIDENT $ 2,000,000
 OFFICER/MEMBER EXCLUDED? N N/A
 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000
 If yes, describe under
 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000
E Leased/Rented EPP0600374 12/29/2023 09/01/2026 $150,000
 Equipment Deductible: $250

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
 General Liability Blanket Additional Insured Status per Forms CG2010 (12/19) and CG2037 (12/19) &
Commercial Automobile Blanket Additional Insured Status per Form 87950 (09/14) where required by written
contract or agreement. General Liability Primary and Non-Contributory per Form CG2001 (12/19). Commercial
Automobile Primary and Non-Contributory per Form 74445 (10/99). General Liability Blanket Waiver of
Subrogation per Form CG2404 (12/19). Commercial Automobile Blanket Waiver of Subrogation per Form 62897
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION

 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
 City of Burlington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
 Burlington Public Works ACCORDANCE WITH THE POLICY PROVISIONS.
 Encumbrance Application Dept.,
 645 Pine Street AUTHORIZED REPRESENTATIVE

 Burlington, VT 05401

 © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
 #S47777514/M46165370 AVAZP Page 55 of 57
 DESCRIPTIONS (Continued from Page 1)
(06/95). Workers Compensation Blanket Waiver of Subrogation where required by written contract or agreement
per Form WC000313 (04/84) except for New Hampshire which is not permitted by state law. Umbrella/Excess
Liability is Follow Form. Notice of Cancellation is 30 Days EXCEPT for Non-Payment which is 10 days.

RE: 266 College Street. City of Burlington, Vermont is named as Additional Insured with respect to the
General Liability. Notice of Cancellation is 30 Days EXCEPT for Non-Payment which is 10 days.




SAGITTA 25.3 (2016/03) 2 of 2
 #S47777514/M46165370 Page 56 of 57
Dear Licensing Committee Members,



The Department of Public Works recommends approval of the Encumbrance Permit Application
submitted by Rearch Company, INC for the use of 4976 square feet and 21 parking spaces of public
right-of-way at 266 college. 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.

Rearch Company, Inc is requesting this permanent encumbrance on the west side of Union Street, North
side of College Street, and the Burlington City owned paid parking lot located just North of the 266
property. Rearch Company, Inc. is refurbishing the property to now include housing, allowing the south
facing building to remain unmodified. Rearch is also planning on reconstructing the adjacent sidewalks
to comply with Burlington great street standards. During construction Rearch will be occupying majority
of the Burlington paid parking lot, allowing for a one way pass through as not to obstruct traffic exiting
from Burlington City Market onto south union. 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




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