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20190467 South Broadway Hotel Balzer and Tuck Response 10-10-19 BALZ ER E$ TUCK i, lLIlitectuiv October 10, 2019 Mark Torpey, Planning Board Chair City of Saratoga Springs 474 Broadway Saratoga Springs, NY 12866 Mr.Torpey, In response to the questions raised at the October 3`d, 2019 Planning Board meeting regarding the energy efficiency of the proposed South Broadway Hotel,we offer the following: 1. What kind of building heating and cooling systems has the development team considered? a. We have evaluated multiple HVAC systems for this building including traditional PTAC units,Variable Refrigerant Package(VRP)units as well as a central Water Source Heat Pump system. The proposed VRP system is 25% more efficient (13.0 EER) than the minimum efficiency requirements(10.4 EER)set forth by the International Energy Conservation Code. We are also currently exploring the possibility of installing photovoltaic panels on the roof as a source of renewable energy for the building,but the logistical and financial implications have not been fully vetted at this time. We anticipate a decision on photovoltaics before site plan approval is sought. 2. What are the hotel brand requirements for the building? a. The VRP system we are proposing is the system preferred by Marriott International based on their extensive experience with multiple different types of systems for similar occupancies. 3. Will there be continuous building commissioning to make ensure that the HVAC systems are running correctly? a. Building commissioning is required by the International Energy Conservation Code and a commissioning agent will be enlisted by the development team to oversee the commissioning process. All systems will be reviewed and commissioned by this agent throughout design and construction.As for the operation of the units after construction,the guest room units will be individually controlled and will be programmed to'set back'when unoccupied based on continuous monitoring from an occupancy sensor in the room. All central building systems will be controlled by a Building Management System that will provide continuous monitoring and alarms upon failure. If you have additional questions regarding the energy efficiency of the proposed building, we will happily address them at the October 17`h meeting. Thanks, Shawn Corp Senior Associate 468 Broadway Saratoga Springs,New York 12866 p 518.580.8818 w balzertuck.com Draft- October 10,2019 AGREEMENT The date of this Agreement (this "Agreement") is , 2019. The parties to this Agreement are: Wesley Realty Company,Inc. 6867 Rt 89 Ovid, NY 14521 a New York corporation (the"Restaurant Owner"); and Larkin Saratoga Property,LLC 410 Shelburne Road South Burlington, VT 05403 a New York limited liability company (the "Hotel Owner"). Recitals A. The Restaurant Owner is the owner of lands and premises in the City of Saratoga Springs more particularly described on Exhibit A(the "Restaurant Parcel"). The Hotel Owner is the owner of lands and premises in the City of Saratoga more particularly described on Exhibit B (the"Hotel Parcel"). B. The Restaurant Parcel and the Hotel Parcel share a common boundary. C. Currently customers and agents of the Restaurant Owner access the Restaurant Parcel through Lincoln Avenue and vehicles are parked in parking spaces on the Restaurant Parcel. D. The Hotel Owner has proposed that the access to the Restaurant Parcel be eliminated and that a new vehicle parking arrangement be established for the Restaurant Parcel and the Hotel Parcel. Terms and Provisions In consideration of Ten and More Dollars and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: 1 Section 1. Condition Precedent. The obligations of the parties set forth in Sections 2 and 3 are subject to receipt by the Hotel Owner of final approvals from all governmental authorities having jurisdiction for its proposed approximately 120-room,four-story hotel project,including approval from the municipal Planning Board. "Approval" means approval, in form acceptable to the Hotel Owner, without an appeal. Section 2. Grant of Easement. The Hotel Owner shall grant and convey to the Restaurant Owner a non-exclusive easement in customary form (the"Easement"), for the parking of customer and agent motor vehicles during business hours in the parking area on the Hotel Parcel, together with ingress and egress from and to Lincoln Avenue. The text of the easement will provide for (a) six designated shared parking spaces adjacent to the Restaurant Parcel and (b) provide for directional signs (in size, shape and location as approved by the Design Review Commission) indicating the parking location for the Restaurant Parcel; attached hereto as Exhibit A are a draft plan showing the proposed location of two signs and drawings depicting the signs). If the municipality does not approve the size, shape or location of the signs, the parties shall work together in good faith to establish an appropriate alternative. (c) The Easement shall be subject to such reasonable, non-discriminatory rules as the Hotel Owner may, from time to time, impose on all users of its parking area. To the extent not prohibited by the hotel franchise agreement contemplated by the Hotel Owner, the Hotel Owner shall cooperate with the Restaurant Owner to allow for overflow parking on the Hotel Parcel on terms satisfactory to the parties. The Hotel Owner shall be responsible for (i) the maintenance, repair and replacement of the parking area, including the surface area and landscaping, on the Hotel Parcel, including line striping and snow removal and(ii)for so long as the Restaurant Parcel is used as a restaurant with the same or similar menu and service, snow removal from the seven existing parking spaces on the Restaurant Parcel. Section 4. Termination of Curb Cut. The Restaurant Owner shall execute such documents and instruments (the Termination Documents")as shall be required to terminate the legal and physical access to the Restaurant Parcel through the curb cut located on the Restaurant Parcel. Section 4. Delivery of Easement and Termination Documents. 2 (a) At such time as the Hotel Owner shall give notice to the Restaurant Owner that the condition set forth in Section 1 has been satisfied, at a time and place convenient to the parties and within five days after delivery of the notice, (i) the Hotel Owner shall execute and deliver to the Restaurant Owner the Easement and all documents and instruments customarily required for recording in the Registry of Deeds; and (ii) the Restaurant Owner shall execute and deliver to the Hotel Owner the Termination Documents and all documents and instruments customarily required for recording in the Registry of Deeds. (b) The notice required by subsection (a) shall be in writing and shall be delivered by hand or mailed by first-class registered or certified mail,postage prepaid,to the Restaurant Owner at its address set forth at the beginning of this Agreement or at such other address as it may have furnished to the Hotel Owner in writing. (c) If the notice required by subsection (a) is not given prior to December 31, 2020, either party may terminate this Agreement. Section 5. Successors Bound. This Agreement shall inure to the benefit of, and be binding on, the Restaurant Owner,the Hotel Owner and their respective successors and assigns. Section 6. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged, or terminated orally, but only by an agreement in writing signed by the parties hereto. Section 7. Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Section 7. Further Assurances. Each party shall do, execute, acknowledge, and deliver all such further acts, instruments and assurances, and to take all such further action as shall be necessary or desirable to carry out this Agreement and effect the transactions contemplated hereby. IN WITNESS WHEREOF,the parties have signed this Agreement. 3 Wesley Realty Company,Inc. Larkin Saratoga Property, LLC By: By: 16833\132 4 J 8i F €QTthN HA « ,t, q 2, an .51, r3 � x. ., as N I 133211S 0001 t t I TAME I a�s.'' 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