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Bureau of Labor Statistics, U.S. Department of Labor. If the Bureau of Labor <br /> Statistics should cease to publish the Consumer Price Index in its present form and <br /> calculated on the present basis, a comparable index or an index reflecting changes in <br /> prices determined in a similar manner shall reasonably be designated by the Town in <br /> substitution therefore. The Index for any year relevant to the application of this <br /> definition shall be that published by the Bureau of Labor Statistics for such year. <br /> Since a Consumer Price Index relevant to the application of this definition may not be <br /> available as of the date on which any adjustment in the $3,500 contribution is to be <br /> made, necessary adjustments to such contributions shall be made retroactively, within <br /> a reasonable time after required computations can readily be completed. <br /> Should LEXPRESS or the Town Transportation Coordinator cease operations, <br /> Petitioner agrees that the $3,500 contribution, adjusted for inflation as above, may be <br /> used by the Town to implement transportation system improvements in the vicinity of <br /> the Property which may include but shall not be limited to those set forth hereafter in <br /> Section C.S. <br /> 6. Petitioner shall make a contribution of $25,000 to the Town of Lexington to be used <br /> by the Town, after consultation with appropriate Boards and Departments, to fund <br /> traffic mitigation improvements and /or services that benefit the Property, which may <br /> include but shall not be limited to <br /> a) a new pedestrian signal and crosswalk on Waltham Street; <br /> b) an operating subsidy for LEXPRESS or financial support for the Town <br /> Transportation Coordinator; <br /> c) improvement of the intersection at Waltham Street and Concord Avenue as <br /> outlined in the Transportation Element of the Planning Board's <br /> Comprehensive Plan, for example, upgrading the signal equipment to <br /> provide protected left turn phases as set forth in the Traffic Impact Study <br /> prepared by BSC Group (Appendix 3); <br /> 6. Petitioner shall continue to work with Lexington and Waltham officials and other <br /> property owners on a plan for the construction of a pedestrian signal and crosswalk on <br /> Waltham Street in Lexington or Waltham to promote safer pedestrian access to <br /> shopping and services in the vicinity of Waltham Plaza. Petitioner agrees to <br /> participate in the funding for construction of the pedestrian signal and crosswalk, <br /> provided that Petitioner's funding participation shall be limited to and applied from <br /> Petitioner's $25,000 contribution set forth in C.5 above upon the Town's <br /> determination that the $25,000 be used for that purpose, and Petitioner's funding <br /> participation shall not be deemed a contribution obligation in addition to the $25,000 <br /> in C.5 above. <br /> D. Conservation Restriction The Owner shall grant to the Conservation Commission of the <br /> Town of Lexington a Conservation Restriction pursuant to Massachusetts General Laws, <br /> Chapter 184, Sections 31, 32 and 33 for that area designated as "Conservation Area" as <br />