License Committee — Burlington, VT
Date: 2025-04-23
Time: 16:30

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
 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
  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
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
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
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
 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

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