City of Somerville
Massachusetts

Agenda Item
191231
Placed on File
May 26, 2011 7:00 PM

175 Requesting approval of an MBTA Drainage Easement in Assembly Square.

Information

Department:LawSponsors:
Category:Mayor's RequestFunctions:Property/Land Transaction

Attachments

  1. MBTA Stormwater Outfall Easement 04 14 11

Body

Dear Honorable Board:

 

I respectfully request that you approve an MBTA Stormwater Outfall Easement.  This Easement is granted by The MBTA to the City for the portion of the Stormwater Outfall Conduit that is to be installed on MBTA property.   All construction-related obligations, including the fee to the MBTA, will be assumed by Federal Realty Investment Trust to be memorialized in a separate agreement between the City of Somerville and FRIT.

 

A copy of the Stormwater Outfall Easement is attached.  Anne Thomas will be available to respond to any questions you may have. 

 

Sincerely,

 

Joseph A. Curtatone

Mayor

Meeting History

Apr 14, 2011 7:00 PM Video Board of Aldermen Regular Meeting
RESULT:REFERRED FOR RECOMMENDATION
May 10, 2011 6:00 PM  Finance Committee Committee Meeting

Ms. Thomas discussed the easement agreement for the 72" outfall conduit at Assembly Square and reviewed its major provisions with the committee. The MBTA is requiring a $50,000 fee to grant the easement and this amount will be paid by Federal Realty Investment Trust (FRIT) per a Backstop Agreement between the city and FRIT. This item will remain in committee until the committee has an opportunity to review the Backstop Agreement.

RESULT:KEPT IN COMMITTEE
May 25, 2011 7:00 PM  Finance Committee Committee Meeting

Mr. Grossfield reviewed the changes to the Backstop Agreement with the committee. The committee asked that modifications be made to the Indemnification and Release section (#5) of the agreement to more accurately define the term "final completion". Additionally, the committee requested that the indemnification also apply to work performed under the terms of the warranty and that indemnification be referenced from the contractor to the City and from the City to the MBTA. These issues will be referred to OSPCD Counsel Anne Thomas for review and further action.

RESULT:KEPT IN COMMITTEE
May 26, 2011 7:00 PM Video Board of Aldermen Regular Meeting

Discharged from the Finance Committee.

RESULT:PLACED ON FILE