301Re: [MysticCrossing] Sister agreement in jeopardy
- Oct 26, 2004Feb 2005 IS the extended deadline. Here's the legal agreement:
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
(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
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.
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
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”).
June 30, 2004
Submit a draft conservation easement or property transfer agreement to EPA.
July 31, 2004
EPA shall comment on the draft conservation easement or property
transfer agreement, if EPA chooses to comment at all.
December 31, 2004
Property transfer/placement of easement must be complete.
- << Previous post in topic Next post in topic >>