HOUSE DOCKET, NO. 94356 FILED ON: 11/18/2009
HOUSE . . . . . . . . . . . . . . . No. 4356
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act relative to the leasing of certain parcels of land in the city of Boston..
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 sections 40F to 40J of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall lease, for a period of 50 years, with 2 10-year options to renew, and pursuant to such additional terms and conditions as the commissioner may prescribe, a portion of 3 parcels of land, to the Joseph M. Smith Community Health Center, Inc., a 501(c)(3) not for profit organization, in the North Brighton/Allston section of the city of Boston, with sufficient space to be used for construction of a new community health center building of approximately 40,000 square feet and related parking. The 3 parcels are shown on the city of Boston assessor’s maps as Parcel #1, parcel identification number 2200574000, 487 Western Avenue Boston, MA 02135, lot size 7,642 square feet; Parcel #2, parcel identification number 2200572000, 495 Western Avenue Boston, MA 02135, lot size 84,939 square feet; and Parcel #3, parcel identification number 2200573000 at an unnumbered location on Western Avenue, lot size 2,483 square feet. A portion of these 3 parcels that will provide sufficient space for the construction of a new 12,000 square foot building shall remain with the commonwealth and not be conveyed to the health center. The exact boundaries of the property so leased to the Joseph M. Smith Community Health Center and the property remaining with the commonwealth shall be determined by the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, and representatives of the Joseph M. Smith Community Health Center, after completion of a survey. The lease agreement authorized by this section shall permit the leasehold financing of the improvements to be constructed by the Joseph M. Smith Community Health Center and shall contain customary provisions to protect such leasehold lender and be subject to such other customary terms and conditions as are usually contained in commercial ground leases and as the commissioner of the division of capital asset management and maintenance may prescribe, in consultation with the commissioner of the department of conservation and recreation. The Joseph M. Smith Health Center, Inc. will operate the community health center and may sublease a portion of the building for other community services. The Joseph M. Smith Community Health Center, Inc. shall annually compensate the commonwealth in the sum of $1.00 for the term of the lease.
SECTION 2. Notwithstanding any general or special law to the contrary, the parcel described in section 1 of this act shall be leased subject to a restriction limiting the use of the parcel construction and operation of a community health center and the provision of related services. If for any reason the property ceases to be used solely for the purposes described in this act, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, shall give written notice to the Joseph M. Smith Community Health Center of the unauthorized use. The Joseph M. Smith Community Health Center shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by the commissioner of the division of capital asset management and maintenance in the appropriate registry of deeds, shall terminate and the property shall revert to the commonwealth under the care and control of the department of conservation and recreation and any further disposition of the property shall be subject to chapter 7 of the General Laws. In order to assist the Joseph M. Smith Community Health Center in its effort to secure funding for the construction of the building, the commonwealth shall work with the Joseph M. Smith Community Health Center to negotiate a lease that meets the health center’s lender’s concerns.
SECTION 3. Notwithstanding any general or special law to the contrary, any lease or other agreement made pursuant to this act shall contain a provision that requires the Joseph M. Smith Community Health Center to carry comprehensive general liability insurance with the commonwealth named as a co-insured, to protect the commonwealth against all personal injury or property damage on the facilities during the term of the lease or other agreement. The Joseph M. Smith Community Health Center shall indemnify and hold the commonwealth harmless for all personal injury or property damage caused or suffered by the Joseph M. Smith Community Health Center, its clients or agents.
SECTION 4. Notwithstanding any general or special law to the contrary, the Joseph M. Smith Community Health Center, Inc. shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and lease preparation related to the leasing of the property to it authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance for the portion of the 3 parcels that it leases. Upon the execution of the lease, the Joseph M. Smith Community Health Center, Inc. shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of its portion of parcels. Joseph M. Smith Community Health Center shall not be responsible for the development, maintenance, use and operation costs for the portion of the parcels set aside for use by the commonwealth.
SECTION 5. The Joseph M. Smith Community Health Center Building shall be LEED certified.