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HomeMy WebLinkAboutLegal Document - 586 MASSACHUSETTS AVENUE 8/19/1992 LICENSE AGREEMENT TO CONSTRUCT AND MAINTAIN BRIDGE ACCESS TO THE ATKINSON SCHOOL This AGREEMENT is made this /May of A5V' , 1992 by and between the Town of North Andover School Committee ("Licensor") and the First Calvary Baptist Church ("Licensee") acting through its duly authorized representative(s) , �D �E' C`z � . (names) WHEREAS. Licensor is the owner of certain property at 586 Massachusetts Avenue in the Town of North Andover, known as the Atkinson School ("the Premises") ; WHEREAS, Licensee desires to construct a bridge connecting its property at 586 Massachusetts Avenue with the Premises and to maintain and use such bridge as pedestrian access to and egress from its property; NOW THEREFORE, it is agreed as follows: 1. Licensor grants to Licensee the right to erect and maintain a bridge connecting the two properties as shown on a plan entitled: Pedestrian Crossing Road, dated May 11, 1992, by deCastro/Nelson Associates, which plan is attched hereto as Exhibit A and incorporated herein for all purposes incident to this Agreement. 2 . In consideration for this Agreement, Licensee agrees to pay to Licensor a license fee of $1.00, to be paid when this Agreement is executed. 3 . This Agreement may be terminated by either party for good cause shown, upon giving 90 days' written notice. 4. Licensee agrees to construct and maintain the bridge at its sole expense. Licensee further agrees to construct and maintain the bridge in conformity with all applicable Town and State regulations in effect at the time of construction of the bridge. Licensee shall be responsible for obtaining and keeping in effect all permits necessary for the construction of the bridge. 5. Licensor shall in no way be responsible for loss or for damage to the bridge or for any property belonging to or rented by Licensee, its officers, servants, agents, employees, contractors, or subcontractors that may be stolen, destroyed or damaged during the construction or maintenance of the bridge, and Licensee indemnifying Licensor, its officers, agents, servants and employees from and against any and all such claims. 6. Upon termination of this License, Licensor and Licensee agree to determine a mutually acceptable use and disposition of the bridge. If no such determination can be made within a reasonable period of time, the Licensee agrees to remove the bridge from the Premises and restore the site to its original condition. 7 . Licensee agrees to furnish Licensor with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to use, maintenance, existence, construction, or location of the bridge on the Premises. The amount of that insurance shall not be less than the maximum liability that can be imposed on the Town of North Andover under Massachusetts law. 8. This License is non-assignable and any attempt to assign the License will terminate the License privileges granted hereunder. In witness, the parties have executed this License Agreement in duplica on the date and year first above written. (name, title) fl"IJ-_� Town of North Andover Duly Authorized Representative School Committee of First Calvary Baptist Church By Its Chairman Anne M. Low COMMONWEALTH OF MASSACHUSETTS 9 ESSEX, SS. Y yet" 11 1992 Then personally appeared/�.� rL <I, the duly authorized representative of First Calvary Baptist Chur and acknowledged the foregoing instrument to be the free act and deed of the Licensee before me. N to y Pu c My Commission Expires: COMMONWEALTH OF MASSACHUSETTS may. ESSEX, SS. /f�l/6l�tf / 1992 Then personally appeared Anne M. Low, the Chairman of the Town of North Andover School Committee, and acknowledged the foregoing instrument to be the free act and deed of the Licensor before me. ary Plablic My Commission Expires: f-2�z —