The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to ensuring Commonwealth receives full and fair market value for newell boathouse. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The lease agreement by and between the board of metropolitan park commissioners and the President and Fellows of Harvard College, dated June 26, 1900, which purports to convey a leasehold interest to certain public property located in the city of Boston known as the Newell Boat House for a term of one thousand years, with an option to renew for an additional term of one thousand years, is hereby declared to be a nullity and violative of public policy.
SECTION 2. Notwithstanding the provisions of any special or general law, the commissioner of the division of capital asset management and maintenance is hereby authorized and directed, in consultation with the commissioner of the department of conservation and recreation, the statutory successor to said board, for the consideration set forth in section three, to enter into a new lease agreement with the President and Fellows of Harvard College, for the transfer of a leasehold interest in and to that certain property which is subject to the protection of Article 97 of the Articles of Amendment to the Massachusetts Constitution and which is located in the city of Boston and known as the Newell Boat House, which property contains approximately 1.99 acres and is a portion of that land taken by said board by an instrument of taking dated November 3, 1897, and recorded with the Suffolk County Registry of Deeds in Book 2486, Page 121. Said property comprises the land and the building thereon and shown on a plan of land entitled "Commonwealth of Massachusetts, Metropolitan Park Commission, Charles River Reservation, Plan of Land near North Harvard Street, Boston, to be leased to President and Fellows of Harvard x x x Oct. 30, 1899, Wm. T. Pierce, Engineer," being Metropolitan Park Commissioners' Plan No. 230.
SECTION 3. The commissioner of the division of asset management and maintenance is hereby authorized to enter into a license agreement with the President and Fellows of Harvard College, to be effective from the date of the enactment of this act up to the date of the execution of the lease agreement authorized by this act, on such term as the said commissioner may determine, in consultation with the commissioner of the department of conservation and recreation.
SECTION 4. The consideration for the conveyance of the leasehold interest in the parcel of land described in Section 2, shall be the full and fair market rental value of the property as determined by the commissioner of the division of capital asset management and maintenance based upon an independent real estate appraisal prepared in accordance with the usual and customary professional appraisal practice by a qualified appraiser contracted by said commissioner.
SECTION 5. Said commissioner shall submit said appraisal or appraisals to the inspector general for his review and comment. Said inspector general shall review and approve said appraisal or appraisals, and said review shall include an examination of the methodology utilized for said appraisal or appraisals. The inspector general shall prepare a report of his review and file said report with the commissioner for submission by said commissioner to the House and Senate committees on ways and means and the chairmen of the Joint Committee on State administration. Said commissioner shall submit copies of said appraisals, and the inspector general’s review and approval, and comments, if any, to the House and Senate committees on ways and means and the chairmen of the Joint Committee on State Administration at least fifteen days prior to the execution of said lease agreement.
SECTION 6. The Lessee shall be responsible for all costs associated with any appraisal, survey, deed preparation and plan preparation, or other expenses incurred by the commonwealth relating to the transfer authorized by section two.
SECTION 7. At the option of the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, any additional consideration to be paid by the Lessee may be provided by in-kind contribution, so-called, as may be set forth in the lease agreement. Any monetary consideration paid to the commonwealth for the conveyance of the leasehold interest authorized by this act shall be deposited into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws.