Session Laws

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. If any provision of this act is contrary to any federal laws or regulations which are applicable to the land described in this act, the federal laws and regulations shall control. Notwithstanding other provisions of this act or of any other law to the contrary, the Springfield Parking Authority, a body politic and corporate and political subdivision of the commonwealth hereinafter referred to as the authority created by virtue of chapter six hundred and seventy-four of the acts of nineteen hundred and eighty-one, as amended by chapter one hundred and seventy-eight of the acts of nineteen hundred and eighty-five hereinafter referred to as the statute, shall make, without expense to the division of capital planning and operations, hereinafter referred to as the division, the department of public works of the commonwealth hereinafter referred to as the department or the commonwealth, a traffic study relative to the traffic impact of the proposed garage projects and Vernon Street extension on Interstate Route #I-91 and its connecting ways. Such study shall be given to the division and department for their use.

SECTION 2. The division, after consulting with the department, is hereby authorized, subject to the provisions of this act and of sections forty E to forty J, inclusive, of chapter seven of the General Laws which are not inconsistent with the provisions of this act, to execute and deliver in the name and on the behalf of the commonwealth a lease to the authority for the purposes only which are authorized by this act, of certain parcels of state-owned land in the city of Springfield, hereinafter referred to as the city, which are described in this section as the same may be changed pursuant to section eleven of this act, for a period of thirty years, upon such terms as may be mutually agreed upon by the division and the authority and in a form approved by the attorney general. If the authority so requests at the end of said original term, the term of said lease may be extended for an additional term of ten years to commence immediately on the expiration of the original term. If the authority requests said lease may be renewed after said extended term for such time or times and on such terms and conditions as may be agreed to by the authority and the division after consulting with the department, but which shall be subject in each case to the approval of the general court. If the original term as it may have been extended or a renewal term, as the case may be, would otherwise have expired during such time as the authority and division are negotiating the renewal thereof or as the general court is considering such approval, the term so expiring shall be deemed to be automatically extended for a period not to exceed one year in duration from the date of expiration of the original lease term or any extension or renewal thereof and for the same lease conditions as are in effect during the last year of said lease prior to said automatic extension, and shall remain in effect while awaiting general court action during said year and, if such general court action is favorable, until the renewal lease document requiring such favorable action is executed by the division; provided, however, that said automatic extension shall expire at the end of said year if the general court has not acted or acts unfavorably on said renewal whichever sooner occurs. The parcels of land are as follows:-

PARCEL I:- The land in said Springfield hereinafter referred to as the "North Garage Parcel", which is bounded and described as follows:-

Beginning at a point of the southwesterly location line of October 20, 1965 State Highway Layout (L.O. 5520) bearing S 42<=11'47" W and 159.60 feet distant from Station 91+81.64 of the main baseline of said layout and extending thence, following said location line N 42<=11'47" E a distance of 98.34 feet to a point; thence by a bearing N 48<=49'58" W a distance of 40.14 feet to a point; thence by a bearing of S 42<=11'47" W a distance of 96.71 feet to a point; thence northwesterly by a curve to the right of 978.00 feet radius 115.95 feet to a point; thence by a bearing of N 38<=32'05" W a distance of 143.56 feet to a point; thence leaving said location line and following July 6, 1966 State Highway Layout (L.O. 5585) by a bearing of N 66<=58'48" W a distance of 92.38 feet to a point; thence leaving said location line and following a bearing of N 16<=21'44" E a distance of 22.38 feet to a point; thence by a bearing of N 28<=00'00" E, a distance of 28.01 feet to a point returning to the location line of the October 20, 1965 State Highway Layout (L.O. 5520); thence by a bearing of N 38<=32'05" W, a distance of 68.68 feet to a point; thence leaving said location line (L.O. 5520) at a bearing of N 28<=00'00" E, a distance of 88.40 feet to a point; thence by a bearing of S 65<=57'11" E, a distance of 177.98 feet to a point; thence southeasterly by a curve to the left of 1001.00 feet radius, a distance of 62.00 feet to a point; thence southeasterly by a curve to the right of 799.00 feet radius, a distance of 72.00 feet to a point; thence southeasterly by a curve to the right of 300.00 feet radius, a distance of 5.23 feet to a point; thence southeasterly by a curve to the right of 2615.00 feet radius, a distance of 390.91 feet to a point again on the said location line (L.O. 5520); thence by a bearing of S 26<=00'00" W, a distance of 19.90 feet to a point; thence by a bearing of S 11<=12'00" E, a distance of 49.00 feet to a point; thence southeasterly by a curve to the right of 137.76 feet radius, a distance of 81.48 feet to a point; thence leaving said location line (L.O. 5520) southeasterly by a curve to the right of 2615.00 feet radius, a distance of 80.63 feet to a point; thence southerly by a curve to the right of 142.00 feet radius, a distance of 106.93 feet to a point; thence southwesterly by a curve to the right of 70.00 feet radius, a distance of 56.63 feet to a point; thence by a bearing of S 44<=59'14" W a distance of 155.80 feet to a point on said location line (L.O. 5520); thence by a bearing of N 49<=03'37" W a distance of 189.67 feet to a point; thence by a bearing of N 67<=42'48" W a distance of 62.53 feet to a point; thence by a bearing of N 49<=03'37" W a distance of 223.56 feet to a point; thence northwesterly by a curve to the right of 978.00 feet radius a distance of 23.56 feet to the point of beginning.

PARCEL II:- The land in said Springfield hereinafter referred to as the "South Garage Parcel", which is bounded and described as follows:-

Beginning at a point on the southwesterly location line of the October 20, 1965 State Highway Layout (L.O. 5520) bearing S 51<=00'00" W and 66.57 feet distant from Station 77+52.27 of the main base line of said layout, and extending thence following said location line by a bearing of N 36<=07'46" W a distance of 203.80 feet to a point; thence northwesterly by a curve to the left of 1,044.00 feet radius 235.61 feet to a point; thence by a bearing of N 49<=03'37" W a distance of 197.65 feet to a point; thence by a bearing N 26<=31'56" W a distance of 67.86 feet to a point; thence by a bearing of N 49<=03'37" W a distance of 100.69 feet to a point; thence leaving said location northeasterly by a curve to the right 130.00 feet radius, a distance of 30.60 feet to a point; thence northeasterly by a curve to the left of 448.00 feet radius, a distance of 79.00 feet to a point; thence northeasterly by a curve to the left of radius 248.00 feet, a distance of 113.37 feet to a point; thence by a bearing of N 22<=59'20" E, a distance of 36.00 feet to a point; thence northeasterly by a curve to the right of radius 8.00 feet, a distance of 10.22 feet to a point on the northeasterly location line of aforesaid State Highway Layout (L.O. 5520); thence by a bearing of S 48<=02'36" E a distance of 41.30 feet to a point; thence southeasterly by a curve to the right of 135.05 feet radius a distance of 158.96 feet to a point; thence by a bearing of S 39<=00'00" E a distance of 64.67 feet to a point; thence by a bearing of S 41<=44'57" E a distance of 108.04 feet to a point; thence by a bearing of S 41<=18'52" W a distance of 9.03 feet to a point; thence by a bearing of S 44<=28'58" E a distance of 50.97 feet to a point; thence by a bearing of S 40<=59'04" W a distance of 5.00 feet to a point; thence by a bearing of S 47<=16'39" E a distance of about 16 feet to a point; thence leaving said location line and following existing edge of pavement, southwesterly about 7 feet to the face of the northeasterly wall of Ramp "Q"; thence following the face of the northeasterly wall of Ramp "Q" northwesterly about 35 feet; thence southwesterly about 29 feet to the southwesterly wall of Ramp "Q"; thence, following the face of the southwesterly wall of Ramp "Q" southeasterly about 346 feet to an existing chain link fence; thence, following the line of said fence southeasterly about 54 feet to a point again on the northeasterly location line of the aforesaid State Highway layout; thence, following said location line southeasterly to southerly by a curve of 190.00 feet radius 73.84 feet; thence, in part following said location line and in part following the line of an existing chain link fence S 14<=11'53" E a total of about 107 feet; thence, following said fence line southwesterly about 90 feet and westerly and northwesterly a total of about 120 feet to the point of beginning.

SECTION 3. The lease between the division and the authority, in addition to such other provisions as they may approve, shall provide the following:-

(a) (1) The authority shall pay to the commonwealth in one or more installments fixed in the lease a rental for each year at the following rates:

(i) for each of the first five years of the term, rental at the annual rate of twenty-five thousand dollars, hereinafter referred to as the annual rate;

(ii) for each of the years of the term beginning with the sixth year and continuing to the expiration of the calendar year in which all original debts and interest thereon incurred by the authority for the purpose of constructing garage projects which have been approved by the division pursuant to paragraph (b) on the leased premises, but not for improvements or alterations of such garage projects, have been paid in full, hereinafter referred to as the debt payment year, a rental at the Annual Rate plus a percentage thereof in each of such years equal to the percentage of increase in the Annual All City National Average of the Consumer Price Index for All Urban Consumers (the "Index") published by the United States Department of Labor Bureau of Labor Statistics for the next prior calendar year over the Index for the fourth calendar year of the term but the Annual Rate shall not be reduced as a result of a reduction in said Index in any year; provided, however, that if the Index is discontinued, another nationally recognized index reflecting changes in the purchasing power of money shall be designated by the division; and

(iii) for each of the years of the term beginning next following the debt payment year and continuing through the end of the term of the lease as it may be extended, a rental equal to either (A) ten per cent of the gross receipts of the authority which it receives from the operation of garage projects on the leased premises or (B) a rental computed pursuant to clause (ii) of this subparagraph whichever is greater.

(2) Notwithstanding the provisions of subparagraph (1) of paragraph (a), the annual rental shall be no less than the minimum required by applicable federal laws or federal regulations.

(3) The authority and the commonwealth shall pay no real estate taxes, personal property taxes, or special or betterment assessments with respect to the leased premises, the leasehold estate, or any improvements thereon, or any taxes with respect to the use or occupation thereof or the income received therefrom.

(b) The authority shall be authorized to design and construct or cause to be designed and constructed by itself or by other persons on the leased premises garage projects as defined in the statute; provided however, that the plans and specifications for the same are first approved by the division in consultation with the department, by the department of public works of the city, and by the Federal Highway Administration; and copies of such approved plans and specifications shall be filed with the clerk of the house of representatives who shall forward the same to the joint committee on state administration to be kept on file.

(c) The leased premises shall be used for the public parking of motor vehicles and such other activities as are incidental thereto but shall not include any separate independent commercial or industrial activities nor the dispensing or storage of any hazardous materials so classified by state or federal law or regulations except for the fuel in the fuel tanks of motor vehicles parked on the premises. Such garage projects shall be available for the parking of motor vehicles by all members of the general public on a nondiscriminatory basis each day when the garage projects are open for business on a space available basis except that spaces may be allocated and parking may be limited on the basis of transient and monthly parking and on the size of vehicles based upon a plan developed by the authority and approved by the division, a copy of which shall be filed with the clerk of the house of representatives who shall forward the same to the joint committee on state administration to be kept on file.

(d) The authority shall not assign the lease to any person; provided, however, at the election of the authority and the city, the rights and obligations of the authority under the lease may be assigned by it to the city and notice thereof shall be given by the city to the division; but upon any dissolution of the authority, the rights, obligations and interest of the authority under the lease shall automatically vest in the city; provided, however, that in either event, the city shall not assign the lease to any person. No management contract shall be entered into by the authority with any independent management company for the purpose of managing the operation of the garage projects on the leased premises until the management company shall have been selected from an open and competitive bid process and whose operation and fee paid to such management company shall have been approved in writing by the division; provided, however, that the authority shall not be required to select the lowest bidder but if it does not, the authority shall file with the division at the time the authority requests such approval a written statement of the reasons for its selection and for not accepting the lower bidder or bidders. In the aforesaid manner, all subsequent management companies shall be chosen for any part of the original lease and all extensions or renewals thereof. Notwithstanding the foregoing, the authority may honor its existing management agreement which pertains in part to the premises described in section two of this act until it expires on December thirty-first, nineteen hundred and eighty-nine but shall not renew or extend said agreement except in compliance with the provisions of this paragraph.

(e) Upon the termination of the lease at the end of its term as the same may have been extended or renewed, or upon the earlier termination of the lease at the election of the authority which it shall have a right to do, or on default by the authority as provided in paragraph (f) of this section, title to all structures erected on the leased premises shall vest in the commonwealth; provided, however, that whenever the lease terminates by expiration of time or is terminated by the division because of failure of the authority to comply with the provisions of this act or of the lease, the division may by written notice, given within sixty days of the date of termination, require the authority to clear the leased premises by demolishing at the authority's expense any or all improvements erected by it on said premises.

(f) The lease shall not be terminated by the division or the commonwealth earlier than its termination date as the same may have been extended or renewed except: (1) upon the authority using or permitting others to use all or any part of the leasehold estate for purposes not authorized by this act; (2) upon the leasehold estate being used in a manner inconsistent with the terms of the lease; (3) upon determination by the division in consultation with the department that the area of the leasehold is needed, in whole or in part, for the abandonment, alteration horizontally or vertically or relocation of any part of or of the access ramps to the part of Interstate Route I-91 located within the leased premises, hereinafter referred to as highway purposes; or (4) upon the authority having failed to construct a garage project on the leased premises and to open the same for public parking within sixty months after the effective date of this act unless such failure is due to causes beyond the reasonable control of the authority and such failure is verified by the division. In the instances of clauses (1), (2) and (4), the division may terminate the lease upon the authority failing to cure such default within three calendar months after it receives written notice from the division specifying the default and warning that the division may terminate the lease if the same is not cured, hereinafter referred to as the warning notice, or with respect to defaults under clause (1) or (2), the division may terminate the lease forthwith by notice to the authority if there is a repetitive default by the authority of the same nature as that specified in any warning notice given to the authority within the next prior eighteen months, and in case of such termination pursuant to clause (1), (2) or (4) the commonwealth shall not be liable for damages for such termination. In the instance of clause (3), the division may terminate the lease upon eighteen months written notice to the authority that the division has determined that the leased area shall be needed, in whole or in part, for said highway purposes. Notwithstanding any other law to the contrary, the commonwealth shall be liable in damages for such termination under clause (3) only to the extent that it shall pay for a share of the original cost of construction of, and of any addition or renovation to, the garage projects and improvements on the leased premises, with the said share being the remainder after depreciating all such costs, after deducting any state grant funds which were used to pay any part of such costs, by a rate determined by a fraction the numerator of which shall be the number of months remaining in the unexpired term of the lease and the denominator of which shall be the total number of months of the term of the lease between the month in which such improvement was made and the end of the unexpired term of the lease.

(g) The title to the real estate or the leasehold estate shall not be encumbered. Encumbrances of revenue received by the authority from the operation of the garage projects on the leased premises, which are voluntarily granted by the authority, excluding that amount of such revenues owed to the commonwealth by said authority as rent for said premises shall be permitted in accordance with the provisions of this act. Upon the termination of the lease all such encumbrances except those owed to the commonwealth as provided for by this act shall automatically terminate without further action or execution of documents.

(h) With respect to the leased premises, the authority shall have all rights conferred on it by the statute which are not inconsistent with the provisions of this act.

(i) Officials, employees and representatives of the commonwealth and of the Federal Highway Administration shall have a right to enter the leased premises at reasonable times for the purposes of inspecting, repairing, maintaining, replacing and altering said Interstate Route I-91, its ramps and its supporting structures, and no improvements shall be placed on the leased premises in a position or manner which shall unreasonably impede such access or work; provided however, that any improvements made in accordance with plans and specifications approved pursuant to paragraph (b) shall be deemed conclusively to comply with the requirements of this paragraph.

(j) The authority shall not sublet all or any part of the land referred to in section two of this act unless the sublease in each case is approved by the division and by the general court.

(k) All revenues of the authority received from the operation of the garage projects on the leased premises as authorized by section two of this act shall be accounted for by the authority separately from the revenues received by the authority from all other garages owned or operated by said authority. The authority shall submit written reports quarterly to the division with respect to the revenues and expenses pertaining to the garage projects on the leased premises. All such revenues received from the operation of any garage located on the "North Garage Parcel" and the "South Garage Parcel", as described in section two of this act, shall be used by the authority only for the construction, alteration, repair, maintenance, demolition and improvement of the aforementioned leased premises and structures therein; for the operation, insuring and use of the said garage projects; for the payment of principal, interest and other charges and expenses incurred in loans to or bonds issued by the authority to pay for the foregoing activities with respect to the leased premises; and for such reasonable share of the general overhead and administrative expenses of the authority as is allocated to said garage projects and certified as such, in accordance with generally accepted accounting principles by an independent certified public accountant, who is retained by the authority and approved in writing by the deputy commissioner of the division; to create reasonable reserves for the foregoing purposes; and to invest or deposit any surplus revenue at interest. Such revenue shall not be used by the authority to pay for any of its debts or activities which are not related to said leased premises without the prior approval of such use in each instance by the division.

(l) The authority shall be required at all times during the term of the lease to carry, in such reasonable amount as is from time to time approved in writing by the division, comprehensive general liability insurance or in lieu thereof such other security as the division after consulting with the department may approve, protecting the authority, the city, division, department, commonwealth, the Federal Highway Administration and the federal government and their successors in interest against claims for injuries and death to persons and damage to property occurring on or about the leased premises or within any structure or building thereon, and such fire and extended risk insurance or in lieu thereof such other security as the division after consulting with the department may from time to time reasonably deem appropriate. Each policy of insurance shall provide a waiver of rights of subrogation by the insurer in favor of the commonwealth, division, department, city, authority and federal government; provided, however, that the provisions of this paragraph shall not be deemed to be a consent by the authority, city, division, department, commonwealth, Federal Highway Administration or federal government to be sued on any such claim.

(m) The lease shall contain:

(1) appropriate restrictions prohibiting discrimination by the authority and by any contractors, employees or other persons dealing with the authority with respect to the leased premises on the basis of race, creed, color, sex, age, national origin, religion or handicap, and shall contain appropriate affirmative action provisions; and

(2) appropriate provisions requiring any contractor and subcontractor providing services to the authority with respect to the construction, alteration or demolition of any improvements on the leased premises to conform to any applicable labor laws of the commonwealth and requiring the contractor and each subcontractor to keep on file the wage rates, pension contributions and qualifications of all labor so employed for inspection by the authority and the division or their designees.

SECTION 4. The provisions of chapter eighty-one of the General Laws shall not apply to the lease or any assignment of the lease referred to in this act. The division after consulting with the department shall be authorized to exercise the rights granted to a person by chapter one hundred and forty-four of the acts of nineteen hundred and sixty-seven with respect to any air walks to be constructed over public ways which abut the leased premises.

SECTION 5. (a) The division shall file with the clerk of the house of representatives who shall forward to the joint committee on state administration and with the inspector general of the commonwealth a copy of the lease authorized by this act at least twenty business days prior to the execution thereof by the division. The inspector general shall review and file comments and any recommendations to the joint committee on state administration within fifteen business days of the receipt of such lease by the inspector general, and shall deliver a copy thereof to the division and to the authority.

(b) Any amendments of any such lease shall be processed and executed in the same manner and with the same effect as is hereinbefore provided for such lease.

SECTION 6. The division from time to time is hereby authorized to execute and deliver to the authority, in the name and on behalf of the commonwealth, any lease pertaining to the land referred to in section two of this act and any notices of such lease for recording or for filing with any public office, and any and all other agreements and instruments related to the lease or the leased premises authorized by this act which the division may determine appropriate from time to time. Any such lease, notice of lease, amendments or instruments, when executed by the deputy commissioner of the division shall be deemed conclusively authorized by this act; provided however, that all provisions therein are consistent with this act. Whenever the authority of the division over the leasing of land of the commonwealth is transferred to any other official, department, division, board or agency of the commonwealth, the transferee shall be vested automatically with the duties and authority conferred by this act on the division and the duties and authority conferred by this section on the deputy commissioner shall be vested automatically in the official exercising like authority in the transferee unless and to the extent the act transferring such authority otherwise provides. Neither this act nor the terms of the lease from the division to the authority shall be construed so as to prevent the division, or other appropriate agency of the commonwealth, from discontinuing, abandoning, altering or reconstructing Interstate Route I-91 or of disposing of the commonwealth's interest in the land at anytime; but no lease granted to the authority pursuant to this act shall be terminated except in the manner provided in paragraph (f) of section three.

SECTION 7. The division shall have a right to enter on the land described in section two of this act at reasonable times to inspect the state of construction, maintenance and repair of any structures thereon and the management of any activities conducted thereon. Annually on or before September first, the division shall file with the clerk of the house of representatives who shall forward the same to the joint committee on state administration and with the authority and the mayor of the city a report of its findings and recommendations with respect to such structures and management.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, to provide for the costs of constructing any garage project or improvement by the authority on the land described in section two of this act or of altering or demolishing the same, but subject to the provisions of sections seven, eight and ten of chapter forty-four of the General Laws, the city is authorized by vote of its city council and approval of its mayor to obtain and to appropriate from time to time to the authority such sums of money as the city council and mayor deem necessary. Such money may be paid to the authority as either a grant or as a loan on such terms and conditions and for such time as the city council, mayor and authority may approve.

To the extent the authority, either directly or through the city, receives any grant funds from the commonwealth for use with respect to the land described in section two of this act or any improvements thereon, the authority shall comply with all statutes and regulations applicable to the receipt and use of such funds including, without limitation, the provisions of sections 26.01 through 26.08 of chapter 801 of the Code of Massachusetts Regulations.

SECTION 9. When requested by the city, the division shall grant to the city, without the payment of consideration by said city, easements in perpetuity in, under, through and over the following parcels of real estate in said city which are hereinafter referred to as the "Vernon Street Connector Parcel" and the "East Columbus Avenue Parcel" respectively to be used by the city for all purposes for which public ways may be used and for the purposes respectively of relocating, extending and connecting Vernon Street to the Memorial Bridge and of widening East Columbus Avenue and extending Hampden Street:-

(a) The "Vernon Street Connector Parcel" is bounded and described as beginning at the southerly corner of the North Garage Parcel along West Columbus Avenue; thence by a bearing of N 44<=59'14" E, a distance of 155.80 feet to a point; thence northeasterly by a curve to the left of 70.00 feet radius, a distance of 56.63 feet to a point; thence northwesterly by a curve to the left of 142.00 feet radius, a distance of 106.93 feet to a point; thence northwesterly by a curve to the left of 2615.00 feet radius, a distance of 80.63 feet to a point on the location line of October 20, 1965 State Highway Layout (L.O. 5520); thence continuing on said location line southeasterly by a curve to the right of 137.76 feet radius, a distance of 46.33 feet; thence by a bearing of S 48<=02'36" E, a distance of 263.65 feet to a point; thence leaving said location line southwesterly by a curve to the left of 8.00 feet radius, a distance of 10.22 feet to a point; thence by a bearing of S 22<=59'20" W, a distance of 36.00 feet to a point; thence southwesterly by a curve to the right of 248.00 feet radius, a distance of 113.37 feet to a point; thence southwesterly by a curve to the right of 448.00 feet radius, a distance of 79.00 feet to a point; thence southwesterly by a curve to the left of 130.00 feet radius, a distance of 30.60 feet to a point on the location line of October 20, 1965 State High Layout (L.O. 5520); thence continuing on said location line by a bearing of N 49<=03'37" W, a distance of 117.12 feet to the point of beginning.

(b) The "East Columbus Avenue Parcel" is bounded and described as beginning at the northwesterly corner of the North Garage Parcel along Hampden Street; thence by a bearing of N 38<=31'55" W, a distance of 323.11 feet to a point; thence northwesterly by a curve to the left of 378.00 feet radius, a distance of 80.35 feet to a point; thence by a bearing of N 50<=43'28" W, a distance of 35.47 feet to a point on the July 6, 1966 State Highway Layout (L.O. 5585); thence following said layout by a bearing of S 69<=02'35" E, a distance of 127.07 feet to a point; thence southeasterly by a curve to the left of 1027.00 feet radius, a distance of 133.65 feet to a point; thence by a bearing of S 67<=57'07" E, a distance of 76.76 feet to a point, leaving said layout (L.O. 5585) and continuing on said bearing, a distance of 208.62 feet on the October 20, 1965 State Highway Layout (L.O. 5520) to a point; thence southeasterly by a curve to the right of 970.00 feet radius, a distance of 128.73 feet to a point; thence by a bearing of S 29<=39'06" W, a distance of 15.00 feet to a point; thence by a bearing of S 59<=46'32" E, a distance of 19.10 feet to a point; thence by a bearing of N 30<=47'15" E, a distance of 15.00 feet to a point; thence southeasterly by a curve to the right of 970.00 feet radius, a distance of 188.92 feet to a point; thence by a bearing of S 48<=02'36" E, a distance of 168.47 feet to a point; thence by a bearing of S 26<=00'00" W, a distance of 17.31 feet to a point; thence leaving said location line (L.O. 5520) northwesterly by a curve to the left of 2615 feet radius, a distance of 390.91 feet to a point; thence northwesterly by a curve to the left of 300.00 feet radius, a distance of 5.23 feet to a point; thence northwesterly by a curve to the left of 799.00 feet radius, a distance of 72.00 feet to a point; thence northwesterly by a curve to the right of 1001.00 feet radius, a distance of 62.00 feet to a point; thence by a bearing of N 65<=57'11" W, a distance of 177.98 feet to a point; thence by a bearing of S 28<=00'00" W, a distance of 88.40 feet to a point; thence by a bearing of S 38>=32'05" E, a distance of 68.68 feet to a point; thence by a bearing of S 28<=00'00" W, a distance of 28.01 feet to a point; thence by a bearing of S 16<=21'44" W, a distance of 22.38 feet to the point of beginning.

SECTION 10. In constructing and maintaining public ways, ramps and other improvements under, on or over the Vernon Street Connector Parcel and the East Columbus Avenue Parcel, the city shall comply with all laws of the commonwealth and of the federal government and all rules and regulations applicable to the construction of improvements under, on or over federally-funded highway rights-of-way and airspace and of the laws of this commonwealth applicable to the construction of public ways; provided, however, that notwithstanding the provisions of any general or special laws to the contrary, no approval of the extension or relocation of said Vernon street or East Columbus avenue in order to effect the connection with the Memorial Bridge shall be required of any governmental body or official other than the division, the department, the Federal Highway Administration, and the department of public works of the city, board of public works, city council and mayor of the city.

SECTION 11. If the city does not elect to request the division to grant either or both of the easements provided in section nine of this act, and the city requests the division to lease the area of such easement or easements to the authority, the division shall include said parcel as a part of the leased premises in the lease to the authority which is authorized by section two of this act, or if said lease has then been executed, in an amendment thereof.

SECTION 12. The state auditor or his designee shall have a right to audit any of the authority's financial records relating to the use of the land described in section two of this act at any time at the principal office of the authority; and the authority shall provide the division copies of the annual audit of its affairs made by an independent certified public accountant or accounting firm pursuant to section fifteen of chapter six hundred and seventy-four of the acts of nineteen hundred and eighty-one. Upon receipt of the same, the division shall annually file a copy of such audit with the state auditor, the clerk of the house of representatives who shall forward the same to the joint committee on state administration.

SECTION 13. All agencies, departments, boards, commissions, bureaus, officials and employees of the commonwealth, city and authority are authorized and directed to take such actions as may be required of them by any general or special law of the commonwealth as the same may have been modified by the provisions of this act, or by any laws of the United States or regulations promulgated thereunder so as to implement the provisions of this act in an expeditious manner; and the execution by any official or employee of the commonwealth, city or authority of any document pertaining to the lease or disposition of the land described in this act or of the approval of any improvements thereon shall be conclusive on all persons of the compliance by such official or employee with all conditions precedent to the due exercise of such authority. For purposes of Federal regulations applicable to the land referred to in this act, the department is designated as the state highway department.

SECTION 14. Any litigation involving the validity or meaning of this act or of any lease or instrument executed pursuant to this act or concerning any action of the authority shall be commenced only in the superior court in the county of Hampden.

SECTION 15. This act shall take effect upon its acceptance by the city council and mayor of the city of Springfield; and upon the same occurring, the city clerk of the city shall file with the authority, the division, the clerk of the house of representatives who shall forward the same to the joint committee on state administration and the state secretary a certified copy of such acceptance.