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. The division of capital planning and operations is hereby authorized to execute and deliver in the name of and on behalf of the commonwealth, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws and subject to such terms and conditions as determined by said division in consultation with the metropolitan district commission, and in keeping with the provisions of this act, one or more instruments to lease, for a period not to exceed ten years, a certain portion of state-owned land located in the city of Malden to an individual or entity for parking purposes only. Said land is more particularly described as follows:

A certain parcel of land situated in the city of Malden and shown on a plan entitled "Study Plan of Land in Malden, Mass., Scale 1"=20' dated November 3, 1987 bounded and described as follows:

Beginning at a point, said point on a westerly sideline of Canal Street and being the lot corner between land now or formerly of Trustees of Anthony W. Spadafora Trust and Land now or formerly of Commonwealth of Massachusetts Metropolitan District Commission;

Thence S 01<=-31'-40" W by the sideline of Canal street, a distance of one hundred and twenty and 00/100 (120.00) feet;

Thence S 59<=-51'-40" W by land now or formerly of Products Research and Chemical Corporation a distance of forty-eight and 17/100 (48.17) feet;

Thence N 01<=-31'-40" E by land now or formerly of Commonwealth of Massachusetts, Metropolitan District Commission a distance of seventy-four and 00/100 (74.00) feet;

Thence N 65<=-47'-33" W by land now or formerly of Commonwealth of Massachusetts, Metropolitan District Commission a distance of one hundred forty-five and 23/100 (145.23) feet;

Thence N 01<=-31'-40" E by land now or formerly of Commonwealth of Massachusetts, Metropolitan District Commission a distance of fifteen and 00/100 (15.00) feet;

Thence S 88<=-28'-20" E by land now or formerly of Trustees of Anthony W. Spadafora Trust a distance of one hundred seventy-five and 00/100 (175.00) feet to the said point of beginning containing 11,200 square feet of land, more or less, according to said plan.

SECTION 2. Said original lease or leases of said state-owned land to said individual or entity shall be for not less than fair market value for comparable rentals in the locality. Said division, in consultation with the metropolitan district commission, may renew such lease or leases, after notification to the general court, for an additional period of ten years; provided, however, that any additional renewal or leases for any further terms of years shall also require notice to the general court. The deputy commissioner of said 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 said division. The inspector general shall review and file comments and any recommendations thereto with the joint committee on state administration within fifteen business days of the receipt of such lease by the inspector general, and said inspector general shall deliver a copy of such comments and recommendations to the division. Said lease, 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 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 for recording and any and all other agreements and instruments related to the lease 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 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 prior notice to the general court. The aforementioned lease or leases shall not be transferable to any other party or parties other than those mentioned in this act without prior notice to the general court.

SECTION 3. The lease or leases authorized by section one of this act shall be restricted solely to the parking of motor vehicles, free of charge, and said land shall not be built upon in any manner without the written approval of the division of capital planning and operations and the metropolitan district commission, a copy of which shall be sent to the joint committee on state administration to be kept on file.

SECTION 4. It shall be a condition of said lease or leases that the lessee shall, subject to the written approval of the division and oversight by the metropolitan district commission, demolish at the expense of said lessee, an abandoned wood frame building now on the portion of said land to be leased and declared to be excess by said division and said commission.

SECTION 5. The lessee of the lease described in section one shall assume the costs of appraisals, surveys and other expenses as deemed necessary by the commissioner of the division of capital planning and operations for the leasing of said property.

SECTION 6. The lease or leases authorized by this act shall terminate if at any time said land is used for any purpose other than parking.