Outside Section 269
Data Current as of: 7/10/2014
(a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may, on behalf of and in coordination with the department of conservation and recreation, enter into negotiations to execute a lease agreement with 1235-1237 VFW Parkway LLC, the owner of the property located at 1235-1237 VFW parkway in the West Roxbury section of the city of Boston. The property to be leased by the division consists of approximately 19,781 square feet or 0.45 acres and is currently used as a parking lot. The lease shall be on such terms and conditions as may be determined by the division, in consultation with the department and subject to the requirements of this section.
(b) The division, on behalf of the department, may lease the property from the lessor for an original term of not more than 5 years and may provide an option to extend the lease term for 1 consecutive term of 5 years. No additional renewals shall be executed without the approval of the general court. Consideration for the lease shall be for not more than fair market value, as determined by an independent appraisal, and shall require that the property only be used as a parking lot, under the care and control of the department, to be used for public parking and increased access to Havey beach, Riverdale park, Rivermoor park, Millennium park or other nearby properties maintained by the department.
(c) At least 21 days prior to the execution of the lease by the division, the commissioner of capital asset management and maintenance shall file a copy of the lease with the inspector general and the clerks of the senate and the house of representatives. The inspector general shall review the lease and file any comments and recommendations on the lease with the clerks of the senate and the house at least 10 days prior to the execution of the lease.
(d) The department shall have the right to renovate, repair or improve the property subject to this section. The lessor shall maintain any existing property or liability insurance in an amount and of a type sufficient to protect the commonwealth and its leasehold interest from any action arising from a claim against the property subject to the lease; provided, however, that the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation shall review and approve the terms of the insurance.