Evans Road License Agreement Approved

BERLIN– The Berlin Town Council this week approved a license agreement related to an Evans Road development project.

The Berlin Town Council voted unanimously on Monday to approve a license agreement with the Maryland Delaware Railroad related to a storage project being built on Evans Road. Though the developer is working with the railroad now in order to run utility lines under the track, the town will eventually take ownership of the lines.

“Once construction of the utility lines is complete, the town will assume ownership,” Town Administrator Mary Bohlen said. “This is typical of any new development. At that time the license agreement will shift to the town.”

The developers behind Evans Parc Storage have been working with the railroad for some time in order to be able to run utility lines under the tracks. Bohlen said this week while the storage project now had the agreement with the railroad, that license agreement would become the town’s once the project was complete and the town accepted ownership of the utility lines.

“Once construction is complete to the town’s satisfaction the town will take ownership of the sewer lines, water lines electric lines, whatever it is,” said David Gaskill, the town’s attorney. “Then the town will enter into a license agreement with railroad because the town will then own the lines under the railroad. It renews itself in perpetuity unless something crazy happens.”

When asked about the inspection process, Bohlen said the work would be done to town standards and that the town wouldn’t accept ownership of the infrastructure unless it met those standards.

Marc Slavin, one of the managing partners of the development, said he’d worked closely with the railroad during the past two years on the project.

“It’s been a process…,” he said. “The railroad’s engineer has now approved it after at least 12 iterations and a lot of money.”

He assured council members that the new utility lines wouldn’t have any impact on the area.

“If you drive down Evans you’ll never know it’s there,” he said.

Staff added that the infrastructure would be bonded and had a warranty period.

Gaskill noted that the railroad charged a licensing fee and that even after the town took over ownership of the utility lines, Slavin and partners would continue to pay that fee.

“This agreement will be recorded in the land records in case they sell to someone else,” he said.

The council voted unanimously to approve the agreement.

About The Author: Charlene Sharpe

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Charlene Sharpe has been with The Dispatch since 2014. A graduate of Stephen Decatur High School and the University of Richmond, she spent seven years with the Delmarva Media Group before joining the team at The Dispatch.