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301Re: [MysticCrossing] Sister agreement in jeopardy

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  • Bryce Nesbitt (mailing list account)
    Oct 26, 2004
    • 0 Attachment
      Feb 2005 IS the extended deadline. Here's the legal agreement:
      +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

      APPENDIX E
      Scope of Work
      Supplemental Environmental Project
      Mystic River Path Extension


      A. Supplemental Environmental Project Description (SEP)

      1. The MBTA shall donate or place a conservation easement on at least
      one acre of MBTA-owned property (the “Property”) so that the Mystic
      River Path may be extended from the Draw Seven Park in Somerville,
      Massachusetts, to Route 99 in Boston. A map of the proposed path
      extension is attached (although the map does not indicate the width of
      the path, which will vary along its length). The primary purpose of the
      SEP is to promote bicycle commuting into Boston, which should reduce air
      and water pollution associated with car commuting. Also, although this
      SEP does not include the design or construction of the path, the design
      is expected to incorporate several elements that will reduce pollution
      carried to the river through stormwater runoff. In addition, the
      Property is expected to be capped (either with new soil or paving
      materials) to reduce risks from any pre-existing contamination that may
      be in the soils.

      2. While the parties recognize that the property width will vary in
      places, the Property should:

      (a) run along the Mystic River from the Draw Seven Park to Route 99,
      unless EPA agrees in writing that another course for the path is
      acceptable;

      (b) consist of at least 1 acre; and

      (c) at its most narrow point, be sufficiently wide to allow for the
      construction of a seven foot-wide path.

      3. MBTA shall do its best to contain costs associated with the design
      and construction of the path by reducing path constriction points to the
      bare minimum. For example, where MBTA can help lower the costs
      associated with designing and building the path by moving private car
      parking spots to another location within the bus yard or to one of
      MBTA’s adjacent properties, MBTA shall do so.

      4. If MBTA chooses to place a conservation easement on the Property
      instead of donating it in fee simple, the conservation easement shall
      name the United States as a third party beneficiary so that the United
      States has the authority to enforce the easement. Any land transfer
      document shall require the Property to remain in perpetuity as a public
      park.


      5. Access: MBTA shall provide access at all reasonable times to
      employees of the Massachusetts Department of Conservation Resources,
      MassBike, the cities of Somerville and Boston, utility companies,
      contractors and EPA to facilitate the design and construction of the
      path. It is understood that such employees will need to observe MBTA
      safety procedures. In addition, MBTA shall provide public access to the
      path once it is complete.

      B. SEP Deadlines

      The following table describes the deadlines for completing the SEP.


      Date
      Action Required
      Responsible party
      Whether Stipulated Penalties apply

      April 30, 2004
      Determine whether the land transfer shall be in fee simple or through a
      conservation easement and whether the grantee(s) shall be the Cities of
      Somerville and Boston or the Massachusetts Department of Conservation
      and Recreation.
      MBTA
      no

      May 31, 2004
      Submit to EPA a survey indicating the boundaries of the land that will
      be donated or placed under a conservation easement (“the property”).
      MBTA
      no

      June 30, 2004
      Submit a draft conservation easement or property transfer agreement to EPA.
      MBTA
      yes

      July 31, 2004
      EPA shall comment on the draft conservation easement or property
      transfer agreement, if EPA chooses to comment at all.
      EPA
      no

      December 31, 2004
      Property transfer/placement of easement must be complete.
      MBTA
      yes
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