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An Act authorizing the Department Of Conservation And Recreation to enter into a certain lease. |
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the lease of certain land in the city of Lowell, 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 40F through 40I of chapter 7 of the General Laws or section 33 of chapter 92 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease, for a period not to exceed 99 years and pursuant to such additional terms and conditions as the commissioner may prescribe, a certain parcel of state owned land in the city of Lowell to Lowell general hospital. The parcel, the exact boundaries of which shall be established prior to such lease by a survey commissioned by said commissioner, is located on Varnum Avenue and shown as Lot A on “Plan of Land in Lowell, Mass., surveyed for Esso Standard Oil Company,” dated December 2, 1959 by Brooks, Jordan and Graves, Civil Engineers, Lowell, Massachusetts, recorded in Middlesex northern district registry of deeds in plan book 92, plan 1138; provided further, that any lease shall contain the restriction required pursuant to section 2 of this act. The consideration for said lease shall be $1 per year.
SECTION 2. Notwithstanding any general or special law to the contrary, the parcel described in section 1 of this act shall be leased subject to a restriction limiting the use of the parcel to public park purposes. If at any time the property ceases to be used for the purposes described in this section the commissioner of the division of capital asset management and maintenance shall give written notice to Lowell general hospital of the unauthorized use. Lowell general hospital shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall terminate and any further disposition of the property shall be subject to chapter 7 of the General Laws.
SECTION 3. Notwithstanding any general or special law to the contrary, Lowell general hospital shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, Lowell general hospital shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.