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Home My WebLink AboutMBTA License Agreement - Lexington Branch Segment (Bikeway) el . A: i VVII�� -1 n- -- „�� . ,. ... . MASSACHUSErIS Y TRANSPORTATION ,-` i AUTHORITY SEP 2 i WS 12/ - . Law Department tNN GTf' Transportation Building ElfGiNEEN1A G DEFT• � t" r',E..1a i,,�:-/e'en Park Plaza .,,, +:;, J 5ELEC;'M E'3oston, Massachusetts 02116 NOV 20 19 ' November 1987 Donald R. Marquis, Town Manager Town Hall Arlington, MA 02174 John McCulloch, Chairman Board of Selectmen Town Hall ; 16 South Road Bedford, MA.01730 and , o n C, Eddison, Chairman Board of Selectmen Town Hall ; 1625 Massachusetts Avenue Lexington, MA 02173 Re: LEXINGTON, MA: Agreements with Arlington, Bedford and Lexington for use of respetive segments as bikeways. Gentlemen: Enclosed herein are the respective fully executed copies of the above referenced document. Thank you for your attention and cooperation. S i nc rely, /A///' 7 Sidney 6..inberg Assistant General nsel cc: Donald J. Kidston, Project Manager/Development; MBTA Jane Spencer, Assistant Project Coordinator; MBTA MASSACHUSETTS BAY TRANSPORTATION AUTHORITY - LICENSE AGREEMENT - LEXINGTON BRANCH SEGMENT TOWN OF LEXINGTON 1 . Parties/ Premises Subject to prior authorization from appropriate regulatory authority to remove the rail, ties and track appurtenances of a railroad now or formerly subject to .the provisions of the Interstate Commerce Act (49 USC, Section 10101 et. seq. ) , and subject to the rights of the Commonwealth of Massachusetts , acting by its Metropolitan District Commission in the maintenance of a relief sewer on or about the line segment, MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts , with a usual place of business at Ten Park Plaza, Boston, Massachusetts 02116 ("MBTA") , does hereby agree to license the TOWN OF LEXINGTON, a Town established under Massachusetts law with a mailing address at Town Hall, Lexington, MA 02173 ("Lexington") and Lexington hereby agrees to accept such license, subject to the terms and conditions hereof, in the right and privilege to use a segment in Lexington of the line of railroad of MBTA known as the Lexington Branch, approximately 5.25 miles in length, extending between Milepost 8.32 at the Arlington/Lexington boundary line and Milepost 13. 71 at the Lexington/Bedford boundary line (the line segment) . 2. Term The foregoing license shall commence upon a date stated in a notice not less than thirty (30) days and not more than sixty (60) days from the date of such notice stating that the prior authorization described hereinabove has been received, but subject to the prior approval by MBTA of construction within the premises as hereinafter described , and shall continue unless and until MBTA shall give notice to Lexington that it intends and elects to terminate the within license on a date stated in such notice sixty (60) or more days from the date of such notice on the grounds that the line segment is required by MBTA for mass transit extension or that regulations or orders of appropriate egu�a o�y. author i ty regain?, such toren-in a r-i on_ (2) 3. Use of- Lexington agrees that it will use the Line Licensed segment as a "bikeway" , a way established Premises for the passage of bicycles without motive power. 4. Construction (1 ) (a) The within agreement shall become effective as a grant by MBTA and acceptance by Lexington of License when Lexington has caused construction of a bikeway within the premises to be completed and accepted by the Chief Engineer of Railroad Operations of MBTA (C.E.R.0. ) in writing as completed in accordance with plans for such construction previously approved by C.E.R.O. Construction of such bikeway and the plans and approvals thereof shall include removal of rails , ties , track and track appurtenances from the premises and the storage thereof at a location within Massachusetts as designated by C.E.R.O. (b) No construction shall be done in the line .segment without prior written approval by C.E.R.O. to plans submitted to MBTA by Lexington. Lexington may be required to remove any construction not so approved. 5. Maintenance Lexington shall at all times maintain the line segment in good and safe condition and appearance, free from rubbish and obstructions . During the license term, META shall have no responsibility whatsoever for maintenance repair, or the condition of the line segment and Lexington agrees that it will occupy the premises at its own expense and risk. 6 . Condition of Line Segment MBTA hereby expressly disclaims any warranties of any nature , express or implied, as to the line segment, and any other warranties of any nature , express , implied or otherwise , except as expressly set forth herein. Lessee accepts the line segment "as is" . 7 . Indemnification of MBTA Lexington shall indemnify and save MBTA harmless from and against any and all loss , costs , damage and expense (includ- ing reasonable attorneys ' expenses and fees) , causes of action , suits , claims , demands or judgments of any nature whatsoever that may be imposed upon or incurred by or asserted against MBTA by reason of any of the following occurrences during the term of this License: (3) (a) any accident, injury to, or death of any person or any damage to property occurring on the line segment or any part thereof; or (b) any use, nonuse , condition, or occupation by Lexington of the line segment or any part thereof; or (c) any failure of Lexington to perform or comply with any of the terms hereof or of any contracts , agreements or restrictions , statutes , laws , ordinances or regulations affecting the line segment or any part thereof or the ownership , occupancy or use thereof. 8. Security Lexington shall provide security and fire protection in the line segment during the term hereof. Lexington shall not be required to provide lighting in the premises . 9. Bridge Maintenance Lexington shall maintain the surfaces of any and all over- passes or bridges , if any, over the line segment which MBTA was required to maintain prior to the date of the within license, including, without limiting , general cleanliness and appearance and alterations required for use as part of the bikeway. MBTA shall maintain the structural integrity of - all such overpasses or bridges . MBTA reserves the right to withdraw any overpass or bridge from use under the within license if, in its sole determination, it determines that such overpass or bridge is unsafe. 10 . MBTA agrees to apprise Lexington of any statutes , laws , enactments or regulations which do or may affect Lexington in the undertakings which it has assumed under this license. . ' , 1 f (4) IN WITNESS WHEREOF, the parties hereto, each for itself its successors and assigns , have caused these presents to be executed by its officers , thereunto duly authorized on the day of 1987. MASSACHUSETTS BAY •NSPORTATION AUTHORITY APPROVED AS TO FORM: .I- yes . Leary ,, :• t G-.•eras anager I Waiter B. Prince General Counsel -� TOWN OF LEXINGTON By 546-74- Ti e Cha Irma n BO OF SELECTMEN