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An Act authorizing the commissioner of capital asset management to convey certain land to the city of Newburyport
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the creation of a park and learning center, 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. The commissioner of capital asset management and maintenance, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, shall lease for nominal consideration, the land with the buildings thereon and including the historic 1822 Powder House in Newburyport, currently in the care and possession of the Massachusetts National Guard, to the city of Newburyport for a term of 99 years, for the restoration of the powder house and creation of a park and learning center for school children. The commissioner shall determine the exact boundaries and acreage of the parcel based upon a survey of the parcel.
SECTION 2. The lessee shall use the property solely for a learning center and public park and the lease or other agreement pertaining to the lease of the property shall include a provision restricting the use of the property to such purposes and providing for a reversion of the property to the commonwealth if the property ceases to be so used or is used for any other purpose.
SECTION 3. If the lessee ceases to use and maintain the property for the purposes specified in section 3 of this act or uses the property for any other purpose, the lease shall terminate and the property shall revert to the commonwealth.
SECTION 4. During the term of the lease, the lessee shall be responsible for operating and maintaining the leased property and any and all costs associated with such operation and maintenance.
SECTION 5. The lessee shall be responsible for any and all costs associated with the lease of the property under this act including costs of any surveys and legal or recording fees.