Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the construction of a transportation center and multi-purpose arena, 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. It is hereby found and declared that the construction of a new transportation center and multi-purpose arena will substantially enhance the North Station area in the city of Boston and prevent the creation of any blighted open areas which would be detrimental to the safety, health, morals and welfare of the community.

It is hereby further found and declared that a new transportation center will: (1) significantly improve mass transportation services to and from the metropolitan Boston area as well as the commonwealth overall; (2) create a new state of the art regional transportation center including an enclosed train shed, passenger concourse, platform, ticketing facilities and train persons' facilities; (3) extend and improve the existing rapid transit system for the state's capital city and surrounding cities; (4) create a better linkage between the rapid transit system and the commuter rail system; and (5) provide or allow for other significant structural improvements including a super platform for the rapid transit system.

It is hereby further found and declared that the construction of a multi-purpose arena will: (1) preserve the commonwealth's existing capacity to provide facilities open and available to large numbers of citizens for activities such as concerts, theatrical exhibitions, other cultural presentations, recreational activities including shows, expositions and professional and amateur athletic events; (2) expand the commonwealth's existing capacity by providing a larger year round facility which will provide greater access to the public for such activities and increase the commonwealth's ability to attract national and international amateur sporting and cultural events.

It is hereby further found and declared that: (1) the construction of a new multi-purpose arena and transportation center in the metropolitan Boston area is vital to the overall health and growth of the commonwealth's economy; (2) the commonwealth suffers from structural economic weaknesses which contribute to an unacceptable level of unemployment and underemployment; (3) between nineteen hundred and eighty-nine and nineteen hundred and ninety-two over ten percent of the total number of jobs in the commonwealth have been lost; (4) this lack of gainful employment puts additional pressure on the state's welfare programs and increases the cost of unemployment compensation; (5) construction of the multi-purpose arena and transportation center will promote the prosperity and general welfare of all the citizens of the commonwealth by increasing gainful employment, decreasing welfare and unemployment compensation costs, increasing the tax base of the commonwealth, encouraging economic development and stimulating investment within and around the capital city as well as the commonwealth overall.

It is hereby further found and declared that the multi-purpose arena and transportation center, and the resulting public benefits, would not occur by the operation of private enterprise and finance alone and public participation is hereby declared to be essential for the creation of such facilities.

SECTION 2. Section 31 of chapter 15 of the acts of 1988 is hereby amended by striking out, in line 26, the word "herein" and inserting in place thereof the following words:- in this paragraph.

SECTION 3. Said chapter 15 is hereby further amended by inserting after section 31 the following two sections:-

Section 31A. Notwithstanding the provisions of section thirty-one of this chapter, chapter seven of the General Laws or any other general or special law to the contrary and for the purpose of further improving mass transportation and rail service, the commonwealth, acting through the department of highways, is hereby authorized to transfer for compensation of one dollar to the Massachusetts Bay Transportation Authority the following parcels which had been used for a lawful public purpose:

(a) fee simple title to Parcels B1 and B2, as shown on a plan entitled, "Subdivision Plan of Land in Boston, Mass., Prepared for New Boston Garden Corporation", dated September fifteenth, nineteen hundred and ninety-two, Revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End; and

(b) property interests and easements in Parcels E1, E2, E3, E4 and E5 as shown on a plan entitled, "M.H.D. Easements located in Boston, Mass., Prepared for New Boston Garden Corporation", dated October seventh, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End.

Section 31B. Notwithstanding the provisions of section thirty-one or any other general or special law to the contrary and for the purpose of further improving economic development, employment opportunities, and the generation of tax revenues, the Massachusetts Bay Transportation Authority is hereby authorized to transfer to the Garden Corporation, a Massachusetts corporation:

(a) the following easements below thirty-five feet above the highest elevation of the surface of Parcels A1 and A2 as shown on a plan entitled, "Subdivision Plan of Land in Boston, Mass. Prepared for New Boston Garden Corporation" dated September fifteenth, nineteen hundred and ninety-two, Revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End which surface elevation is hereby determined to have been, for the purposes of said section thirty-one, at 11.9 feet above mean sea level as defined by the National Geodetic Vertical Datum of 1929:

(1) a permanent encroachment easement, commencing at elevation 41.9 feet above said mean sea level up to elevation 46.9 feet above said mean sea level, for the construction, ownership and use of a building, including, without limitation, as to structure, exterior and interior walls, utility systems, elevators and elevator cores and pits, escalators and escalator cores and pits, passageways, stairways, structural members, floors and ceilings, and as to use, any lawful use;

(2) a permanent encroachment easement, commencing at the elevation of the surface of said Parcels A1 and A2 up to elevation 41.9 feet above said mean sea level, for the construction, ownership and use of a building including, without limitation, as to structure, exterior and interior walls, utility systems, elevators and elevator cores and pits, escalators and escalator cores and pits, passageways, stairways, structural members, floors and ceilings; provided, however, that said Authority shall approve the location of all improvements, which approval shall not be unreasonably withheld, including those authorized by the following clauses (i) and (ii) of this section, on the surface or surface level of said parcels A1 and A2, and, as to use:

(i) the exclusive right to use up to fifty-three thousand square feet of space within such improvements, for any lawful purpose, other than retail purposes;

(ii) the exclusive right to use up to eleven thousand square feet, for retail purposes within such improvements, other than on the cross-platform, which cross-platform shall not be used for any commercial purpose; and

(iii) the exclusive right to use for advertising purposes (A) the space identified in the preceding clauses (i) and (ii), including on all walls defining said space; and (B) the space within and on all walls defining the interim concourse referred to below and any interim or permanent concourse built in replacement thereof. Said Authority shall retain the exclusive right to use for advertising purposes the space within and on all walls defining the train shed shell described below. Said Authority shall have the exclusive right to advertise within the space and on all walls defining the cross platform described below.

(b) the following easement below thirty-five feet above the highest elevation of the surface of Parcels A3 and A4, as shown on a plan entitled "Subdivision Plan of Land in Boston, Mass., Prepared for New Boston Garden Corporation", dated September fifteenth, nineteen hundred and ninety-two, revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End, which surface elevation is hereby determined to have been, for the purposes of said section thirty-one, at 11.9 feet above mean sea level as defined by the National Geodetic Vertical Datum of 1929: a permanent encroachment easement commencing at elevation 41.9 feet above said mean sea level up to 46.9 feet above said mean sea level, for the construction, ownership and use of a building, including, without limitation, as to structure, exterior, and interior walls, utility systems, elevators and elevator cores and pits, escalators and escalator cores and pits, passageways, stairways, structural members, floors and ceilings, and as to use, any lawful use.

(c) the following easements in Parcels A3, A4, C1, C2 and C3, and the parcel, referred to herein as the "Additional Parcel", shown as "N/F M.B.T.A.", bounded on the east by Parcel A3 and on the north by Parcel C1, all as shown on a plan entitled "Subdivision Plan of Land in Boston, Mass., Prepared for New Boston Garden Corporation", dated September fifteenth, nineteen hundred and ninety-two, Revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End:

(1) a permanent truck ramp easement approximately 15 feet in width across the northern end of Parcels C1, C2 and C3, with an appropriate truck turning radius onto Nashua street;

(2) two permanent pedestrian access easements approximately twenty feet in width across (A) the portion of Parcel A3 and the Additional Parcel abutting the parcel shown as "N/F General Services Administration" on said plan, and (B) the portion of Parcels A4, C2 and C3 abutting Parcels A2, C4 and C5; and

(3) permanent subsurface utility easements across one or more of said Parcels in locations approved by said Authority.

(d) the following easements in Parcels C4, C5, C6, C7, C8 and B2 as shown on a plan entitled, "Subdivision Plan of Land in Boston, Mass., Prepared for New Boston Garden Corporation", dated September fifteenth, nineteen hundred and ninety-two, Revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End:

(1) a permanent encroachment easement, commencing at elevation 41.9 feet above said mean sea level, for the construction, ownership and use of a building, including, without limitation, as to structure, exterior and interior walls, utility systems, elevators and elevator cores and pits, escalators and escalator cores and pits, passageways, stairways, structural members, floors and ceilings, and as to use, any lawful use;

(2) a permanent encroachment easement, commencing at the elevation of the surface of said Parcels C4, C5, C6, C7, C8 and B2 up to elevation 41.9 feet above said mean sea level, for the construction, ownership and use of a building; provided, however, that said Authority shall approve the location of all improvements on the surface or surface level of said parcels, which approval shall not be unreasonably withheld, and specifically shall not affect any rail track or rail track operations on parcels C6, C7 and C8, including, without limitation, as to structure, exterior and interior walls, utility systems, elevators and elevator cores and pits, escalators and escalator cores and pits, passageways, stairways, structural members, floors and ceilings, and as to use, the same rights, subject to the same limitations, as are set forth in clauses (i) to (iii), inclusive, of paragraph (2) of subsection (a), that is, the exclusive right to use up to fifty-three thousand square feet and eleven thousand square feet set forth in subsections (a)(2) (i)-(ii) hereof shall include the use of Parcels C4, C5, C6, C7, C8, and B2 below elevation 41.9 feet set forth in this paragraph (2); and

(3) a permanent easement for the installation of foundations and structural elements by said New Boston Garden Corporation in said parcels, and for the use of support for foundations installed by said Authority, on or beneath the surface of said parcels, together with subsurface utility easements, and which shall not affect any rail track or rail track operations as presently conducted on said parcels, including during any construction phase.

(e) the following easements in Parcels B1 and B2, as shown on a plan entitled, "Subdivision Plan of Land in Boston, Mass., Prepared for New Boston Garden Corporation", dated September fifteenth, nineteen hundred and ninety-two, Revised October twentieth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End and in Parcels E1, E2, E3, E4 and E5 as shown on a plan entitled, "M.H.D. Easements Located in Boston, Mass., Prepared for New Boston Garden Corporation", dated October seventh, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End;

(i) a permanent pedestrian and vehicular access easement and subsurface easement across Parcels B1 and B2 in locations approved by said Authority;

(ii) a permanent roof overhang and an advertising sign and building encroachment easement above Parcels E1 and E2;

(iii) a temporary construction easement on Parcels E3 and E4;

(iv) a permanent vehicular access and media truck hookup and parking easement on Parcels E3 and E5 in locations approved by said Authority; and

(v) a permanent building encroachment easement above Parcel E5.

(f) the following easements or rights in Parcels E1, E2 and E3 as shown on a plan entitled "M.B.T.A. Easements Located in Boston, Mass., Prepared for New Boston Garden Corporation", dated October sixth, nineteen hundred and ninety-two, as recorded with the Suffolk county registry of deeds in Book 17881 at Page End:

(i) a permanent subsurface utility easement across Parcels E1 and E2 in locations approved by said Authority; and

(ii) a right to connect to an existing storm water runoff pipe located on Parcel E3; provided, however, that said Garden Corporation shall thereafter be responsible for one-half of the cost of maintaining said pipe.

All of the easements to be granted to and by said Garden Corporation or said New Boston Garden Corporation pursuant hereto shall run with the land.

(g) The Massachusetts Bay Transportation Authority shall not transfer to said Garden Corporation any of the above-described property interests and easements until said Garden Corporation has transferred to the Massachusetts Bay Transportation Authority the following easements, all of which shall run with the land encumbered by the respective easements: (1) a mutually satisfactory underground easement through the existing Boston Garden site for the proposed Green Line extension; (2) a mutually satisfactory underground and above ground easement for access to the super platform serving the Green line and Orange line; (3) a mutually satisfactory access easement to the elevated tracks of the existing Green Line above Causeway street; (4) a mutually satisfactory easement for the concourse, either interim or permanent, described above to be located on the existing Boston Garden site following its demolition; such permanent concourse to be generally in the following location: that portion of the parcel shown as "N/F New Boston Garden Corporation" containing 2.035 acres on a plan entitled "Subdivision plan of Land in Boston, Mass. prepared for New Boston Garden Corporation" dated September fifteenth, nineteen hundred and ninety-two, revised October twentieth, nineteen hundred and ninety-two recorded with the Suffolk county registry of deeds in Book 17881 at Page End, beginning at a point on the southeasterly boundary on said parcel along Causeway street which is 168.5 feet from the southeast corner of said parcel; then continuing along the Southeast boundary a distance of 95 feet; then turning and running to the Northwest boundary of said parcel along a line which is parallel to the Northeast boundary of the parcel; then turning and running along the Northwest boundary a distance of 95 feet; then turning and running southeasterly to the point of beginning; or in a location mutually acceptable to said Garden Corporation and said Authority; said easement to include the obligation of said Garden Corporation to construct and maintain the permanent concourse as described above; and (5) such other easements as said Authority and said Garden Corporation may mutually agree upon. The above-described property interests and easements shall revert to said Authority, subject to reasonable notice and reasonable opportunities to cure of the lenders as provided in said master agreement, if said Garden Corporation and said New Boston Garden Corporation fail to construct the train shed shell and finish the cross platform, including the provision of restrooms pursuant to this section. Upon completion of construction of said train shed shell and the finish of said cross platform and restrooms, the secretary of the executive office of transportation and construction shall issue a certificate acknowledging such completion and releasing said right of reversion. The obligation of said Garden Corporation and said New Boston Garden Corporation to build and maintain said permanent concourse shall be set forth in the easement required herein and shall run with the title to the existing Boston Garden site and shall be binding upon said Garden Corporation and said New Boston Garden Corporation and their successors and assigns with respect to the existing Boston Garden site. Said Garden Corporation shall indemnify and hold harmless said Authority for the nonperformance by said New Boston Garden Corporation of the New Boston Garden Corporation's obligations to said Authority set forth in this paragraph. In no event shall any rail tracks at North Station be filled in; and said Authority, Garden Corporation and New Boston Garden Corporation have entered into a binding master agreement, which shall be consistent with the provisions of this act, whereby said Garden Corporation and said New Boston Garden Corporation shall do the following:

(i) construct a train shed shell, except for the south wall thereof which shall be the responsibility of said Authority, of approximately sixty-two thousand square feet; provided, however, that said Authority shall approve the design of said train shed shell, which approval shall not be unreasonably withheld,

(ii) finish up to the normal standards of said Authority, and maintain a cross platform area of approximately twelve thousand square feet; provided, however, that said Authority shall approve the design of said cross platform, which approval shall not be unreasonably withheld;

(iii) construct to the normal standards of said Authority, and maintain public restrooms on said cross-platform; provided, however, that if the existing Boston Garden building is used as an interim concourse, said Garden Corporation or said New Boston Garden Corporation shall maintain any existing public restrooms to the normal standards of said Authority;

(iv) upon the receipt of a use and occupancy permit for the new Boston Garden, in this act referred to as the opening date, construct and maintain a permanent train persons' room of approximately four thousand square feet within the new Boston Garden site or provide said train persons' room at a distance of not more than one thousand feet from said site;

(v) construct or provide and maintain an interim concourse of approximately nineteen thousand square feet which shall include a passenger waiting area and ticketing facilities; provided, however, that the design and location of said interim concourse or an alternate temporary protected walkway shall be subject to the approval of said Authority; and provided further, that no commercial activity shall take place within said nineteen thousand square foot area within the interim concourse with the exception of advertising and non-fixed vendors, the number and placement of said vendors to be approved by said Authority, which approval shall not be unreasonably withheld. Nothing herein shall preclude said Garden Corporation from adding additional space to said interim concourse for any use. Said Authority shall consider the alternate walkway's capacity, requisite width, public safety and protection. Said interim concourse or an alternate temporary protected walkway shall be in existence at all times during and after construction of the new Boston Garden until such time as the permanent concourse referred to below is operational, such interim concourse to be replaced by said Garden Corporation with a permanent concourse of not less than nineteen thousand square feet on the site of the existing Boston Garden when said site is developed or put to any commercial use; provided, however that for the purposes of this requirement, commercial use shall not include non-fixed vendors or limited parking; provided further, that for the purposes of this requirement, landscaping improvements shall not constitute development; and

(vii) demolish the entire existing Boston Garden to grade prior to the start of any construction by the Authority of the Green Line extension within the underground easement through the existing Boston Garden site for the Green Line extension, which would require additional expense, if any, to the Authority caused by the non-demolition of the existing Boston Garden to grade; provided, that the authority shall give reasonable notice of said construction; or make a full payment to the Authority of an amount equal to said additional expense, within sixty days of the commencement of said construction;

(h) Upon the transfer by said Authority to said Garden Corporation of the above-described property interests and easements, said New Boston Garden Corporation shall compensate said Authority for certain work performed by said Authority on behalf of said New Boston Garden Corporation for the new Boston Garden in the amount of five million, one hundred and twenty-six thousand dollars. Such sum shall be paid by said New Boston Garden Corporation on the date of the transfer of said property interests by delivery to said Authority of an interest-bearing promissory note, in said amount, containing a provision that the principal amount of said note shall be repaid in ten annual installments, commencing on the eleventh anniversary of the opening date.

(1) Said note shall bear interest at a fixed rate equal to the prime rate at time of the transfer. The interest obligation shall begin to accrue on the opening date. The first interest payment shall be payable on the first anniversary of the opening date and each successive interest payment shall be made on the same date annually thereafter.

(2) Prior to the eleventh anniversary of the opening date, annual payments of interest shall be made on said note from the cash flow of said New Boston Garden Corporation after payment of all principal and interest obligations due prior lienholders, including payments due such lienholders from such cash flow. The term "cash flow" as used herein shall have the same meaning as the term has in any loan agreements between said New Boston Garden Corporation and the lenders. To the extent the cash flow of said New Boston Garden Corporation in any year prior to the eleventh anniversary of the opening date is insufficient to make all or any portion of the annual installment of interest then due, additional interest on the unpaid amount as a result of such late payment shall accrue at a rate three percent greater than the interest rate of said note and be payable to the extent of available cash flow of said New Boston Garden Corporation in the succeeding years.

(3) Upon the eleventh anniversary of the opening date, all accrued interest and late payment fees shall be fully due and payable, and thereafter all payments of principal and interest shall be paid to said Authority when due and payable without respect to the cash flow of said New Boston Garden Corporation.

(4) Said note shall be secured by a lien upon the existing Boston Garden site and such property interests in said Parcels A3 and A4 as said Authority has granted to said Garden Corporation or said New Boston Garden Corporation pursuant hereto. Said Authority shall subordinate the obligation to pay principal and interest on said promissory note and the accompanying lien to the encumbrances held as security by any lender and the city of Boston. Said Authority shall not have any rights of recourse against the new Boston Garden for nonpayment of said note. Said note may be prepaid at any time without penalty.

(5) If said Garden Corporation or said New Boston Garden Corporation sells or refinances all or any portion or any interest therein of either the existing Boston Garden site or its interest in said Parcels A3 or A4, or transfers development rights in said properties, said Corporations shall prepay said promissory note by (1) applying the net proceeds of such sale after deductions for costs of sale, payment of prior liens and payment of taxes attributable to such transaction; or (2), if a refinancing, provides net proceeds after payment of any transaction costs and payment of all obligations due prior lien holders, applying such net proceeds.

(6) Nothing herein shall be deemed to proscribe the right of said Garden Corporation, New Boston Garden Corporation and their successors and assigns, from further alienating, either by deed, lease, mortgage or other form of conveyance, the property interests and rights acquired pursuant to sections thirty-one, thirty-one A and thirty-one B of chapter fifteen of the acts of nineteen hundred and eighty-eight and any other applicable provision of law and subject to the provisions and limitations of said sections thirty-one, thirty-one A and thirty-one B and any other applicable provision of law.

SECTION 4. Whenever easements are granted or conveyed under the authority of this chapter, a temporary easement shall be granted in each instance when it is sufficient to meet the needs of the party to whom the easement is to be granted.

SECTION 5. Notwithstanding any general or special law to the contrary, including sections thirty-one, thirty-one A and thirty-one B of chapter fifteen of the acts of nineteen hundred and eighty-eight the Massachusetts Bay Transportation Authority shall not transfer any property interests, easements and land to the Garden Corporation as authorized by said sections thirty-one, thirty-one A and thirty-one B until the secretary of the executive office of transportation and construction certifies to the house and senate committees on ways and means that:

(a) he has determined that binding contracts have been entered into by said Garden Corporation, said New Boston Garden Corporation or such other entity or entities that will construct the transportation center and multi-purpose arena that require that all construction employees employed in connection with the construction of said center and arena shall be paid no less than the wage rate established for such work pursuant to the Project Labor Agreement with the Boston Trade Unions.

(b) he has determined that binding contracts have been entered into by the Garden Corporation, the New Boston Garden Corporation or such other entity or entities that will construct the transportation center and multi-purpose arena with a best faith effort to comply with the residential and minority construction employee hiring and procurement guidelines of the Boston Redevelopment Authority; provided, however, that in hiring construction workers preference may be given to persons who are residents of the commonwealth.

SECTION 6. Notwithstanding any general or special law to the contrary, including sections thirty-one, thirty-one A and thirty-one B of chapter fifteen of the acts of nineteen hundred and eighty-eight:

(a) the parking garage to be constructed in connection with the North Station transportation center may be managed and operated by the Massachusetts Bay Transportation Authority, and said Authority may contract for the management, operation or setting of fees fee collection, security services, cleaning and maintenance for said parking garage; provided, however, that if the Authority contracts for the management of said garage, said contract shall expire no more than two years after its date of execution, at which time, said Authority shall assume management of the garage and shall not enter into any subsequent management contracts for said garage without prior statutory authorization;

(b) said Authority shall establish a process to determine fair and reasonable rates for parking at said garage, which rates shall be filed with the house and senate committees on ways and means;

(c) if said Authority shall choose to contract with the Garden Corporation, the New Boston Garden Corporation, or any other entity for the right to reserve a certain number of parking spaces in said garage, then said contract shall provide that:

(i) no parking spaces may be reserved prior to six o'clock p.m. any weekday except as provided in clauses (iii) and (iv);

(ii) payment for all such reserved parking spaces, whether used on any particular day or not, shall be no less than the standard fee determined pursuant to paragraph (b) plus a fifteen percent premium as compensation for the right to reserve parking spaces to the exclusion of the general public multiplied by the number of reserved dates multiplied by the numbers of parking spaces reserved;

(iii) the New Boston Garden Corporation may reserve up to one hundred and twenty-five parking spaces; provided, however, that payment for all such reserved parking spaces shall be no less than the standard fee for such parking pursuant to paragraph (b) plus a fifteen percent premium as compensation for the right to reserve parking spaces to the exclusion of the general public;

(iv) the New Boston Garden Corporation may reserve parking spaces prior to six o'clock p.m. on weekdays for not more than five events in the course of any calendar year; provided, however, that payment for all said reserved parking spaces, whether used or not, shall not be less than the standard fee determined pursuant to paragraph (b) plus a fifteen percent premium as compensation for the right to reserve parking spaces to the exclusion of the general public multiplied by the number of reserved dates multiplied by the number of parking spaces reserved; and

(v) nothing herein shall be construed to prevent said Authority from entering into individual monthly parking contracts with members of the general public subject to the provisions of this section.

SECTION 7. In consideration of the property interests and easements authorized to be transferred by this act, the new Boston Garden Corporation shall administer, produce, promote and sponsor no less than three charitable events per year at the New Boston Garden while the new Boston Garden is in operation which events shall be in consultation with the metropolitan district commission, and shall pay the net proceeds, after the deduction of expenses of said events, which expenses shall not include any rental payment for the use of the new Boston Garden, to said metropolitan district commission.

Said proceeds shall be used for the construction, renovation, modernization and rehabilitation of facilities and land of the metropolitan district commission; provided, however, that said proceeds shall not provide for compensation of employees, including independent contractors and consultants other than those deemed necessary to meet the purposes of this section; provided, further, that said proceeds shall not be used for any purpose other than described herein.