Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the deputy commissioner of capital planning and operations to lease a certain parcel of land in the city of Boston, 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 division of capital planning and operations in consultation with the metropolitan district commission, is hereby authorized, subject to the provisions of section forty F 1/2 and sections forty H to forty J, inclusive, of chapter seven of the General Laws, to execute and deliver in the name and on behalf of the commonwealth, subject to the terms and conditions as determined by the said division in consultation with the metropolitan district commission, one or more instruments to lease a certain portion of state owned land, located in the city of Boston used for recreational purposes as described herein, to Northeastern University for the purpose of constructing a boathouse thereon, conducting an intercollegiate rowing program and operating a community rowing program on said premises during the months of July and August.

The original lease or leases of such state owned land to Northeastern University shall be for a period not to exceed twenty-five years and shall be for not less than fair market value for comparable rentals. Said division, in consultation with the metropolitan district commission, may renew such lease or leases, subject to the approval of the general court, for an additional period of ten years; provided, however, that any additional renewals or leases for any further term of years shall also require approval of the general court.

In the event that Northeastern university is not utilizing said land for the aforementioned purpose within two years from the effective date of this act, any such lease or leases of such land shall thereupon be null and void.

In the event that Northeastern university does not commence construction of a boathouse upon said land within two years of the effective date of this act, nor complete said construction of said boathouse within three years of the effective date of this act, any such lease or leases of such land shall be null and void.

The land to be leased herein by Northeastern University is a parcel shown on a plan of land by Whitman and Howard, Inc., dated March 1, 1985, containing 13,200 square feet, more or less, and described as follows:-

Beginning at a point on the southerly side of the Charles River at the southwesterly corner of the easement area:-

thence, S66<= -43'-50"E, 120.00 feet;

thence, S23<= -16'-10"W, 110+ feet;

thence, N66<= -43'-50"W, 120.00 feet;

thence, N23<= -16'-10"E, 110+ feet;

to the point of beginning.

The leased area is also a portion shown on a plan of Taking Metropolitan Park Commission Charles River Reservation, Longfellow Meadows to Western Avenue, Boston, by William T. Pierce, dated April 4, 1895, filed in Suffolk Registry of Deeds Book 2285, Page 193.

A pertinent to the above-described parcel is an access easement from Soldiers Field Road as follows:-

Beginning at a point on the northerly side of Soldiers Field Road as shown on Sheet #15 of 18 Sheets titled Bike Path M.D.C., Plan File No. 8125.

thence, S78<= -40'-10"W, 75.00 feet;

thence, N11<= -19'-50"W, 127.28 feet;

thence, N23<= -16'-10"E, 89.15 feet;

thence, S66<= -43'-50"E, 120.00 feet;

thence, S23<= -16'-10"W, 131.02 feet;

thence, S11<= -19'-50"E, 24.67 feet;

to the point of beginning containing 18,908 square feet of land as shown on a Plan of Land by Whitman & Howard, Inc., dated March 1, 1985. The easement area is also a portion shown on a plan of Taking Metropolitan Park Commission Charles River Reservation, Longfellow Meadows to Western Avenue, Boston, by William T. Pierce, dated April 4, 1895, filed in Suffolk Registry of Deeds Book 2285, Page 193.

A pertinent to the above-described leased parcel is a river easement, described as follows:-

Beginning at a point on the southerly side of the Charles River and the northwesterly corner of area to be leased:-

thence, N23<=-16'-10"E, 45.00 feet;

thence, S66<=-43'-50"E, 120.00 feet;

thence, S23<=-16'-10"W, 45.00 feet;

thence, N66<=-43'-50"W, 120.00 feet;

to the point of beginning containing 5,400 square feet of land as shown on a Plan of Land by Whitman & Howard, Inc., dated March 1, 1985.

The easement area is also a portion shown on a plan of Taking Metropolitan Park Commission Charles River Reservation, Longfellow Meadows to Western Avenue, Boston by William T. Pierce, dated April 4, 1895, filed in Suffolk Registry of Deeds Book 2285, Page 193.

Said division shall provide the clerk of the house of representatives who shall forward copies to the joint committee on state administration of the general court and the inspector general of the commonwealth, a copy of said lease or leases at least twenty business days prior to the execution thereof by said division. The inspector general shall review and comment within fifteen business days of the receipt of such lease or leases by the said inspector general. A copy of said review and comment, and any recommendations thereon by the inspector general, shall thereupon be forwarded to said clerk. Said lease or leases, when executed by the deputy commissioner, shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with the provisions of this act. The deputy commissioner from time to time is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of such lease or leases for recording and any and all other agreements and instruments related to the lease or leases authorized hereby which the division may determine appropriate from time to time. Any such notice of lease, lease instrument, or instruments, when executed by the deputy commissioner shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with this act.

No sub-lease of such land or any portion thereof shall be executed without the prior approval of the general court.

No privately owned, occupied, or financed building of any kind may be erected upon said land without the written approval of the division and the metropolitan district commission, and a written notification to the clerk of the house of representatives who shall forward copies to the joint committee on state administration. Plans for any such building shall be submitted to said division for approval prior to any construction thereon. In like manner any alteration, addition, destruction or demolition thereof shall also require the prior written approval of said division, and a written notification to said clerk. Copies of any and all such plans, together with all such written approvals by said division, shall be sent by said division to said clerk to be kept on file.

The rental payment to the commonwealth for the lease or leases authorized by this act shall not be subordinated to any leasehold mortgage of the lessee.

The lease or leases shall provide that the commonwealth may repossess the leased premises if payment of the rent or any other sum is not timely paid, or if the lessee otherwise defaults and that notwithstanding such default, the lessee will continue to owe rent and any other sums due the commonwealth under the provisions of said lease or leases. The lessee shall carry, in an amount approved in writing by the deputy commissioner of the division, comprehensive general liability insurance protecting the lessee and the commonwealth against personal injuries and property damage occurring on said leased premises or within any structure or building erected thereupon, and such fire and extended risk insurance, as said deputy commissioner deems appropriate.

No lease or leases, other than that provided for by the first and second paragraphs, nor any sale, transfer, conveyance, or any other disposition of such land, and buildings, if any, may be made without the prior approval of the general court.

SECTION 2. No lease or leases for the property described in section one of this act shall be valid unless such lease or leases shall provide that said property shall be utilized during the months of July and August, annually, for a summer boating program, open to residents of the commonwealth, and operated by and under the supervision of Northeastern university, in consultation with the division of capital planning and operations and the metropolitan district commission. Northeastern university shall promulgate rules and regulations, subject to the written approval of the deputy commissioner of the division of capital planning and operations, in consultation with the commissioner of the metropolitan district commission, for the operation, the hours, and number of participants in said program, and any other restrictions which said university, said deputy commissioner, and said commissioner may deem necessary and proper. A copy of said rules and regulations shall be sent to the joint committee on state administration to be kept on file.

Said summer boating program shall commence on the first Monday after the fourth of July and shall terminate on the last Friday in August, annually. Said program shall not operate on any Saturday or Sunday, thereof.

No such lease or leases shall be valid until Northeastern university shall have established an annual scholarship for a resident of the Allston/Brighton section of the city of Boston. The recipient of said scholarship shall be a citizen of the United States of America. Nothing in this section shall prevent Northeastern University from awarding said scholarship to the same recipient more than once or in succeeding years; provided, however, that such recipient remain a resident of said community and hold United States citizenship.

No lease or leases shall allow for the sale or consumption of alcoholic beverages of any kind in any building or on any land leased under the provisions of this act.

On or before December thirty-first, annually, Northeastern university shall make and issue a report detailing the results of said summer boating program and said scholarship, a copy of which shall be sent to the deputy commissioner of the division of capital planning and operations, the commissioner of the metropolitan district commission and the clerk of the house of representatives who shall forward copies to the chairmen of the joint committee on state administration.