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An Act authorizing the commissioner of capital asset management and maintenance to lease certain property in the town of Great Barrington.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize a lease of certain land for telecommunications purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance may lease for an initial term of 5 years together with an option to renew for 2 additional 5 year terms, certain land (the property) in the town of Great Barrington to Century Berkshire Cable Corp., (company). The property is a tract of land located on East “Warner” Mountain in the town of Great Barrington, described as follows: Commencing at the intersection of the following coordinates: S 68-37-21 W and N 24-37-20 W; thence northeasterly 190.85 feet approximately; thence northwesterly 196.63 feet approximately; thence southwesterly 195.86 feet approximately; thence southeasterly 193.01 feet approximately.
The property shall be used by the company in connection with its cable television and other video and non-video communications activities. The lease agreement shall be subject to such terms and conditions as the commissioner may prescribe, in consultation with the department of conservation and recreation.
SECTION 2. No lease agreement entered into under section 1, by or on behalf of the commonwealth, shall be valid unless the agreement provides that the property shall be used solely for the purposes described in section 1. If the property ceases to be used solely for the purposes described in section 1, the commissioner, in consultation with the commissioner of conservation and recreation, may terminate the lease. If the lease is terminated, the property shall revert to the commonwealth under the care and control of the department of conservation and recreation.
SECTION 3. Such lease shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the building. Any lease or other arrangement requiring improvements to be made to the building shall include a description of the initially required improvements and, at a minimum, performance specification. The lease and other agreements shall provide that any benefits to the community, the costs of utilities, the costs for staffing for public programming and access and the costs of improvements and repairs to be made to the building by the lessee shall be taken into account as part of the consideration for the lease or other agreement.
SECTION 4. The inspector general shall review and approve the lease agreement and any terms and conditions contained therein, as authorized under section 1. The inspector general shall prepare a report of his review and file the report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets. The commissioner shall, 30 days before the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereto, the reports and the comments of the inspector general to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before execution.
SECTION 5. The lessee shall pay the commonwealth the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by an independent appraisal. In determining the amount to be paid by the lessee, the commissioner shall consider the factors included in section 3 of this act. The lease shall require the lessee to provide annual itemized statements to the commissioner of capital asset management and maintenance, or his designee, relative to the factors described in section 3 of this act that are to be claimed to be part of the consideration paid under the lease.