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Home My WebLink AboutMBTA License Agreement - Lexington Branch Segment (Bikeway/Bikepath)Do -nald R.. Marquis, Town Manager Town Hal 1 Arl ington, MA 02174 John McCulloch, Chairman Board of Selectmen Town Hal l ; 16 South Road Bedford, MA .01730 and ,o n C, Eddi son, Chairman Board of Selectmen Town Hall; 1626 Massachusetts Avenue Lexington, MA 02173 Re: LEXINGTON, MA: Agreements with Arlington, Bedford and Lexington for use of res eti ve segments a s bikeways. Gentlemen Enclosed herein are the respective fully executed copies of the above referenced document. Thank you for your attention and cooperation. V rely, Sidney 'nberg Assistant General nsel cc: Donald J. ki dston , Project Manager/Development; MBTA Jane Spencer, Assistant Project Coordinator; MBTA MASSACHUSETTS, BAY TRANSPORTATION AUTHORITY ..LICENSE AGREEMENT - LEXINGTON BRANCH SEGMENT TOWN OF LEXINGTON i Parties/ Premis es 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, MASSACHUS.ETTS 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 5.2 5 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 1 ine 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 sub i ect 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 i t 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 (2) 3 $ Us of Lexington agrees that it will use the line Licensed segment as a "bikeway". a way established Premises for the passage of b3.cycles without motive power, 4* Construction (1) (a) The within agreement shall become effe f f ec t � ve 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 he P P y Chief Engineer of Railroad Operations of MBTA (C*E*R&O.) in writin g as completed in accordance with plans for such construction previously approved by C. E. Re o o Construction of such bikeway and the lans an d approvals thereof ha P PP shal 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. C, (b) No construction shall be done in the line segment without prior written approval by C. E. R. o, to P lans submitted to MBTA by Lexington. Lexington may be g Y required to remove any construction not so approved. S. Maintenance Lexington shall at all times maintain t ' he line segment in good and safe condition and appearance, free from rubbish and obstructions. During the license term, MBTA shall have no responsibility whatsoever for maintenance repair, or the P condition of the line segment and Lexingto agrees that it will occupy the premises at its own expen and risk. 6. Condition of Line Segment MBTA hereby express d i s claims any warranties of any natur express or implied, as to the line s egment ' . and any other warranties of any nature, express, implied o otherwise, except as expressly set forth herein. Lessee accepts the l ine segment "as is". 7. Indemnification of MBTA Lexington shall in emn i fy 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 b or asserted against MBTA b reason of a Y g Y any o f the following occurrences during the term of this License: (3) ( a) any accident, injury to, or d of any person or any damage to property occurring on the line segment or any part thereof; or g (b) any use, nonuse, condition, or occupation patron by Lexington of the line segment or any part thereof • o ( c) any failure of Lexington tv erf ors ` P ❑r comply with any of the terms hereof or of any contracts agreements res tricti.ons statutes, � g or laws , ordinances or regulations affecting the Line segment or an art thereof y P or the ownership, , occupancy or use thereof, 8. Security Lexington shall provide security and f ire ro p tection in the line segment during the term hereof. Lexi. ngton shall not be required to provide lighting in the P remises , 9. Bridge Maintenance Lexington shall maintain the surfaces of an and y n all over- passes or bridges, if any, over the line segment which META was required t m aintain • q ! in prior to the date o f the wi thin l i cens e , including, without limiting, general g g 1 cleanlznes s and appearance and a requi red for use as art of the bikeway. �BTA shall. ma' as p art maintain t ain the structural integrity of all such overpasses or bridges. ' META reserve • s the right to withdraw any overpass or bridge from use under the within license if , in i.ts sole determination it determ • roes that such overpass or bridge is unsafe 10. MBTA agrees to apprise Lexington of an stat y laws , enactments or regulations which do or may aff Lexington in the undertakings which it has assumed under this ' cens 11 ee (4) IN WITNESS WHEREOF, the parties hereto, each for itself its successors and assigns, have caused these presents to be executed by its off icers , thereunto duly authorized on the day of 19570 APPROVED AS TO FORM: �f v f Wa ter Be Prince Gener Counsel J TOWN OF LEXINGTON B . & I �f 5J."t I - - Ti e Chairman B04 OF SELECTMEN