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. Notwithstanding the provisions of chapter thirty B, section three of chapter forty of the General Laws or any other general or special law to the contrary, the city of Worcester is hereby authorized to lease for a term of ninety-nine years on such terms and conditions as said city may deem advisable, a certain fire alarm telegraph station located in Newton Hill park in said city of Worcester, hereinafter called the building to the Children's Museum of Worcester, Inc., hereinafter called the museum. Payment for the initial term of the lease shall be one dollar per year and, prior to the expiration of the original term, the lease may be extended for an additional period not to exceed twenty-five years, on such terms and conditions as the city and the museum may agree.

SECTION 2. Notwithstanding the provisions of chapter one hundred and eighty-six of the General Laws or any other general or special law to the contrary, the lease or any extension thereof shall not create, nor be deemed to create, a fee simple in the building. The building and any fixtures permanently affixed thereto shall always remain the property of the city of Worcester. The museum shall have no authority to mortgage, pledge, assign as collateral security or otherwise encumber the building or any permanent fixture, including, but not limited to, the heating and cooling systems. Any mortgage, pledge, security interest, deed of trust, indenture or other instrument which purports to create any lien or security interest in the building or in any permanent fixture shall be null and void and any attempt by the museum to give such a lien or security interest shall cause an immediate termination of the lease. The lease shall not be considered an asset of the museum and the museum shall have no authority to assign or transfer the lease or to sublet the building. The museum shall have no authority to mortgage, pledge, assign as collateral security or otherwise encumber the lease. Any mortgage, pledge, security interest, deed of trust, indenture or other instrument which purports to create any lien or security interest in the lease shall be null and void and any attempt to give such a lien or security interest by the museum shall cause an immediate termination of the lease. No creditor of the museum shall have the authority to attach the lease or to involuntarily transfer the lease or cause it to be sold or otherwise disposed of on account of any debt of the museum. Should the museum cease to operate the building for a period longer than thirty calendar days, or should the museum cease to exist as a not for profit corporation, or be dissolved by its own actions, by operation of law or by operation of a public agency or authority, including any court of the commonwealth or of the United States, the lease shall immediately terminate. Rental of space within the building for periods not to exceed one day shall not be considered a sublease.

SECTION 3. The museum shall have authority, subject to approval by the city of Worcester, to construct parking areas and access drives adjacent to the building and to reconstruct the interior of the building so that it will be suitable for use as a museum and to maintain and repair both the interior and exterior of the building during the term of the lease or any extension thereof. Any work performed pursuant to this section shall be subject to the approval of said city, including approval of any architect, engineer, designer or contractor. The provisions of sections thirty-eight A> to forty I, inclusive, of chapter seven, sections thirty-nine A to thirty-nine R, inclusive, of chapter thirty, chapter thirty B and sections twenty-five to forty-four M, inclusive, of chapter one hundred and forty-nine of the General Laws or any other general or special law to the contrary, shall not be applicable to any work performed by the museum under the provisions of this act.

SECTION 4. As part of their official duties, the commissioner of the Worcester parks, recreation and cemetery department hereinafter called the commissioner and the chairperson of the Worcester parks, recreation and cemetery commission hereinafter called the chairperson or the designee of each shall be members of the museum's board of directors during the term of any lease authorized under this act. The commissioner and the chairperson shall be full voting members of the board of directors and one shall be a full voting member of any committee established by such board with executive authority over the museum. The museum shall take any measure necessary to make its by-laws conform to the provisions of this section. Service by the commissioner or chairperson on the board of directors shall not constitute a violation of chapter two hundred and sixty-eight A of the General Laws; provided, however, that neither the commissioner nor the chairperson shall act as agent or attorney for the museum on any other matter in which the city has a direct and substantial interest.

SECTION 5. During the term of the lease, the museum shall cooperate with the commissioner to integrate the programs of the museum with those of his department. If requested by the commissioner, the museum shall make available to the commissioner space within the building in order to develop cooperative programs between the commissioner and the museum.

SECTION 6. At the expiration or termination of the lease, including any extension thereto, all improvements to the building shall become the property of the city.

SECTION 7. Any lease under this act shall not take effect until its terms and conditions have been approved by the Worcester parks, recreation and cemetery commission and by the Worcester city council, upon the recommendation by the city manager. Any term or condition contained in said lease as approved shall be presumptively valid, although not explicitly provided for in this act; provided, however, that such lease shall not purport to contain any provision exempting or excepting the lease from any general or special law except as provided for in this act. Any term not defined in this act shall have the same meaning as that term is defined in said lease.