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. . No. 5049
The
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In the Year Two Thousand and Eight.
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AN ACT AUTHORIZING THE LEASE OF LAND TO YACHT
CLUBS.
Whereas, the
deferred operation of this act would tend to defeat its purpose, which is
forthwith to provide for the lease of property used by non-profit yacht clubs
and other non-profit organizations operating boating programs, therefore it is
hereby declared to be an emergency law, necessary for the immediate 6
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 of chapter 7 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 may, in consultation with the commissioner of the department of conservation and recreation, lease or enter into other agreements for a term not to exceed 30 years with an organization currently operating a yacht club or other boating facility on public park land under the care and control of said department of conservation and recreation for the state owned buildings and facilities together with the land and appurtenances associated therewith used by said yacht clubs or boating organization as shown in existing records of said department. This authorization shall only apply to the following yacht clubs and other boating organizations and facilities: the Union Boat Club, Boston; the Cambridge Boat Club, Cambridge; the Riverside Boat Club, Cambridge; the Buckingham, Browne & Nichols Boat House, Cambridge; the M.I.T. Boat House, Cambridge; the Belmont Hill/Winsor Boat House, Cambridge; the Tufts University, Medford; the Harvard Sailing Pavilion, Cambridge; the Boston University Sailing Pavilion, Boston; the M.I.T. Sailing Pavilion, Cambridge; the Puritan Canoe Club, Boston; the Neponset Valley Yacht Club, Milton; the Wollaston Yacht Club, Quincy; the Squantum Yacht Club, Quincy; the South Shore Yacht Club, Weymouth; the Charlesgate Yacht Club, Cambridge; the Charles River Yacht Club, Cambridge; the Newton Yacht Club, Newton; the Columbia Yacht Club, Boston; the South Boston Yacht Club, Boston; the Riverside Yacht Club, Medford; the Medford Boat Club, Medford; the Mystic Wellington Yacht Club, Medford; the Winterhill Yacht Club, Somerville; the Watertown Yacht Club, Watertown; the East Boston Yacht Club, Boston; the Dorchester Yacht Club, Dorchester; the Boston Harbor Yacht Club, Boston; the Blessing of the Bay Boat House, Somerville; and the Boston University DeWolfe Boat House, Cambridge. Prior to entering into a lease or other agreement pursuant to this section the commissioner of the division of capital asset management and maintenance shall, in consultation with the commissioner of the department of conservation and recreation, determine the exact boundaries of each parcel after completion of a survey.
There shall be, at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the state, an option for renewal or extension of said lease or other agreement.
A lease or other agreement executed pursuant
to this chapter shall require the lessee to carry comprehensive general
liability insurance with the commonwealth named as a co-insured, protecting the
commonwealth against all claims for personal injury or property damage arising
from the state owned buildings and facilities
together with the land and appurtenances associated therewith during the
term of the lease.
SECTION 2. Notwithstanding
sections 40E to 40J of chapter 7 of the General Laws or any other general or
special law to the contrary, a lease or other agreement executed pursuant to
section 1 shall be on terms and conditions acceptable to the commissioner of the
division of capital asset management and maintenance after consultation with the
commissioner of the department of conservation and recreation; provided,
however, that said lease or other agreement shall provide, without limitation,
that: (i) the lessees shall manage, operate, improve, repair and maintain the
state owned buildings and facilities together with the land and appurtenances
associated therewith during the term of the lease; (ii) the lessee shall carry
comprehensive general liability insurance naming the commonwealth as a
co-insured, protecting the commonwealth against all claims for personal injury
or property damage arising from the state owned buildings and facilities
together with the land and appurtenances associated therewith during the term
of the lease; (iii) the lessee shall provided appropriate public access to
public park land; (iv) the lessee shall be responsible for outreach and
stewardship; and (v) the lessee shall
not design or construct any facilities on the parcel without the written
approval of the commissioner of the division of capital asset management and
maintenance and the commissioner of the department of conservation and
recreation; provided, however, that the commissioner of the division of capital
asset management and maintenance and the commissioner of the department of
conservation and recreation shall not
approve any design or construction project pursuant to this clause unless said
commissioners have determined that lessee has sufficient financial resources to
complete the project. The consideration for any lease or other agreement pursuant
to this section shall be the full and fair market value of said parcels as
determined by the commissioner of the division of capital asset management and
maintenance, in consultation with the commissioner of the department of
conservation and recreation, pursuant to 1 or more independent professional
appraisals; provided, however, that in determining the full and fair market
value for any such lease or other agreement, the commissioner of capital asset
management and maintenance, in consultation with said the commissioner of the department
of conservation and recreation, shall develop a methodology for setting a fair
rental payment and with due regard to the criteria used by the department of
conservation and recreation for setting existing permit fees for yacht and
boating facilities identified in section 1.
SECTION
3. Notwithstanding sections 40E to 40J of chapter 7 of the General
Laws or any other general or special law to the contrary, the lease or other
agreement shall be prepared in accordance with generally accepted real estate
principles and policies of said the division of capital asset management and
maintenance. The inspector general shall review and approve the lease or other
agreement, and his review shall include an examination and approval of the
methodology used to determine the consideration for each lease. The
commissioner shall, 30 days prior to the execution of any lease or other
agreement authorized pursuant to this act, submit the lease to the inspector
general for review. The inspector general shall prepare a report of his review
of the lease or other agreement and consideration methodology and file the
report with the commissioner of the division of capital asset management and
maintenance, the commissioner of the department of conservation and recreation
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
prior to the execution of said lease or other agreement. All consideration received
pursuant to a lease or other agreement executed pursuant to this act shall be
deposited in the General Fund.
SECTION
4. Notwithstanding sections 40E to 40J of chapter 7 of the General
Laws or any other general or special law to the contrary, the lessee 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 lease or other agreement authorized pursuant to this act as such
costs may be determined by the commissioner of the division of capital asset
management and maintenance.
SECTION 5. Notwithstanding any other general or special law to the contrary, the provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any lessee under this act.
SECTION 6. Notwithstanding
any other general or special law to the contrary, if the property ceases to be
used at any time for the public purposes described in this act, or is used for
any purpose other than the public purposes stated in this act, the commissioner
of the division of capital asset management and maintenance shall give written
notice to the lessee of the unauthorized use. The lessee 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 shall be void and the title to the parcel,
upon the recording of a notice thereof by the commissioner in the appropriate
registry of deeds, shall revert to the commonwealth and any further disposition
of the property shall be subject to chapter 7 of the General Laws.