AN ACT RELATIVE TO THE LEASING OF A CERTAIN PARCEL OF LAND IN THE TOWN OF GARDNER.
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 any general or special law to the contrary, but subject to section 40J of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance may lease, in consultation with the board of higher education and Mount Wachusett Community College, to the Veteran Homestead Inc., for a term, including extensions, not to exceed 50 years, a parcel of land containing approximately 10 acres, said parcel being a portion of the college’s campus in the city of Gardner and shown on a plan on file with the division of capital asset management and maintenance. The initial term of the lease shall be for a period of 30 years with options to renew for 2 additional 10-year terms. The exact boundaries of the parcel shall be determined by the commissioner based upon a survey.
SECTION 2. No lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall be valid unless it provides that the parcel shall be used solely for rehabilitation, counseling, therapy, education, the provision of not more than 20 units of transitional housing and other activities directly related to the lessee’s purposes. No such lease agreement shall be valid unless it further provides that if, for any reason, the parcel ceases to be used for the purposes described in this act, the commonwealth may terminate the lease under such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and Mount Wachusett Community College, may prescribe.
SECTION 3. A lease agreement entered into pursuant to this act by or on behalf of the commonwealth may provide that, in lieu of the payment of rent, the lessee shall provide students at Mount Wachusett Community College with opportunities to gain clinical experience in nursing, physical therapy and other medical fields by working with clients of the lessee, on such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and Mount Wachusett Community College, deem appropriate.
SECTION 4. A lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall be on such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and Mount Wachusett Community College, deem appropriate. In furtherance and not in limitation of the foregoing, any such lease agreement shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as an additional insured, protecting the commonwealth against all personal injury or property damage occurring on the parcel during the term of the lease. The lessee shall indemnify and hold the commonwealth and Mount Wachusett Community College harmless for any and all personal injury or property damage caused or suffered by the lessee, its clients or agents.
SECTION 5. The lessee shall be responsible for all costs deemed necessary or appropriate by the commissioner of capital asset management and maintenance for the transaction, including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications. The lessee shall also be responsible for any costs, liabilities or expenses of any kind for the development, improvement, maintenance or operation of the parcel as may be determined by the commissioner of capital asset management and maintenance, in consultation with Mount Wachusett Community College.
SECTION 6. The provisions of sections 38A1/2 to 38O, inclusive, of chapter 7 and sections 44A to 44J, inclusive, of chapter 149 of the General Laws, and any other general or special law relating to the advertising, bidding or award of contracts, or to the procurement of services or to the construction and design of buildings and other improvements on commonwealth property shall not be applicable to the lessee, except that the design of and plans and specifications for any buildings or other improvements to be constructed by the lessee shall be subject to the review and approval of the division of capital asset management and maintenance and Mount Wachusett Community College.
SECTION 7. If Veteran Homestead, Inc., ceases to use and maintain the property for the purposes specified in section 2 or uses the property for any other purpose, the lease shall terminate and the property shall revert to the commonwealth. Veteran Homestead, Inc., shall provide proof of adequate funding to the commissioner of capital asset management for the purposes specified in section 2 within a 12-month period after the lease has been signed by both parties. If Veteran Homestead, Inc. shall be unable to obtain the necessary funding within the 12-month period, then the lease shall be terminated and the property shall revert to the commonwealth.
Approved August 6, 2008