Escolar Documentos
Profissional Documentos
Cultura Documentos
determine the amount of taxes payable with respect to BTV property so that both Parties
may from year to year, during the term of this Agreement, avoid uncertainty as to the
taxes to be paid with respect to BTV;
NOW, THEREFORE, it is hereby agreed as follows:
1.
Taxation. During the term of this Agreement, the following shall be the
method for determining taxes due and payable on the land and buildings described in
Exhibit A:
(a) Land subject to 5 V.S.A. 754, provided such land is primarily devoted to a
public use, shall be subject to a payment in lieu of taxes (PILOT) payable to South
Burlington, based on the then current municipal tax rate; improvements on such land
shall not be taxed. The per-acre value of such lands shall be (i) $280,000 per acre for
land that was residential at the time of acquisition by Burlington and (ii) $25,750 per acre
for land that was non-residential at the time of acquisition by Burlington.
(b) Land subject to 32 V.S.A. 3659, provided such land is primarily devoted to a
public use, shall be subject to property taxes based on the then current municipal tax rate
and non-residential statewide education property tax rate; improvements on such land
shall not be taxed. Taxes due and payable shall be computed based on an assessed value
equal to 1.75 times the value of such land at $25,750 per acre.
3.
A.
April 1 of any year during the term of this Agreement, shall not be owned by Burlington,
shall be taxable to the owner therefor for such year in accordance with applicable
provisions of Vermont law.
B.
during the term of this Agreement, changes use from being predominantly public to
private or from private to predominately public, such property will be taxed
according to its use and the applicable provisions of Vermont law or this Agreement.
Burlington shall establish the nature of the use and provide South Burlington with
reasonable access to the land and improvements, as well as other reasonable information,
to allow such assessing determinations to be made.
4.
connection with BTV after the date this Agreement becomes effective shall be taxed
according to the following methodology.
a) Any property purchased the use of which is not predominantly public shall
be taxed according to Vermont law.
b) For any property purchased pursuant to 5 V.S.A. 754, provided such land is
primarily devoted to a public use, there shall be a PILOT based on the methodology set
forth in section 2(a), above.
c) For any property not purchased pursuant to 5 V.S.A. 754, provided such land
is primarily devoted to a public use, taxes shall be assessed based on the methodology set
forth in section 2(b), above.
d) Any dispute regarding the taxability of such land or improvements shall be
subject to arbitration in accordance with the provisions of Section 7 below.
e) If 5 V.S.A. 754 or 32 V.S.A. 3659 are amended during the term of this
Agreement, the Parties agree to work cooperatively and in good faith to achieve an
outcome that is reasonably equivalent to the intent of this Agreement.
5.
ten years commencing with the South Burlington grand list for April 1, 2018 and ending
on March 31, 2028, unless terminated earlier pursuant to Section 6 below.
6.
this Agreement may be terminated by South Burlington upon thirty (30) days written
notice to Burlington upon the occurrence of any of the following:
A.
BTV is sold to any individual or entity except the State of Vermont or a regional airport
authority created by the General Assembly of Vermont.
B.
BTV is leased to any individual or entity for a term exceeding ten years except that this
condition shall not apply to fixed-base operations and concessionaire agreements entered
into to support routine operations of BTV for the primary benefit of the traveling public.
Provided termination under this subsection shall not be authorized if Burlington shall
advise South Burlington in advance of a proposed lease which would otherwise entitle
South Burlington to terminate this Agreement and if Burlington shall further agree to
have such property thereafter taxed according to its full fair market value.
7.
Section 6 above, South Burlington shall provide Burlington written notice of intent to
terminate which is to be filed with the Burlington City Clerk, with the reason for such
termination. Burlington shall have fifteen (15) days from the date such notice is filed
with the Burlington City Clerk to request that such termination be submitted to arbitration
by filing a written request for arbitration with the South Burlington City Clerk. If
Burlington requests that the matter be submitted to arbitration, the parties shall diligently
pursue arbitration in accordance with the provisions of 12 V.S.A. Chapter 192. If South
Burlington shall be found to have just cause to terminate the Agreement, Burlington shall
be granted seven (7) days in which to cure or remedy the circumstances justifying
termination. If Burlington shall fail to cure within seven (7) days, South Burlington may
terminate the Agreement in accordance with the provisions of Section 6 above.
8.
of this Agreement, Burlington shall take no action to amend Section 276 of its Charter
which provides for South Burlington to have one (1) voting member on the Board of
Airport Commissioners of the City of Burlington.
ACKNOWLEDGEMENT OF ARBITRATION
_________________________
________________________________
_________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Notary Public
_________________________
________________________________
_________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Notary Public
EXHIBIT A
1.
2.
3.
4.
5.
6.
7.
8.
Two Vermont Air National Guard mechanical sheds located adjacent to runway
15 and 33.
9.
Vermont Air National Guard Tactical Air Navigation (TACAN) facility located
opposite taxiway Hotel.
10.
Radar Tower and air navigation buildings Building Nos. 08, 09, 31, 32, 33 and
34.
11.
12.
13.
14.
15.
16.
1252 Airport Drive FAA Facility and accessory electrical networking shed.
The zone and building numbers referenced in this exhibit are as classified in the August 10, 2012 Stantec
survey of the BTV property.
EXHIBIT B
1.
21. 64 acres of commercial properties not included within the main airport parcel.
2.
3.
a.
$892,300
b.
$69,500
c.
$593,900
d.
$379,000
e.
$397,500
f.
$145,900
g.
$163,700
h.
$200,000
i.
$453,500
Private Use Properties within the main airport parcel as of April 1, 2015, with
values of:
a.
$197,700
b.
$1,136,300
c.
25 Customs Drive -
$638,000
d.
73 Customs Drive -
$900,000
e.
15 Eagle Drive -
$2,853,400
S:\Municipalities\South Burlington\Litigation\10972 2012-2014 City of Burlington Tax Appeal (BIA) (183-2-13 CnC)\Meeting w
MLS\SON16-002 2742 agreement 8.1.16c.docx