FILED ON: 7/26/2012

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2383

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Twelve

_______________

An Act authorizing the lease of the Daly field complex located in the Brighton section of 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 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law or rule or regulation to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may enter into a 20-year lease and a 1-time 10-year extension thereof with the Allston Brighton Friends of Daly Field, Inc., a nonprofit organization, for the fields and facilities, together with the land and appurtenances of the Daly Field complex which is located east of the Daly Memorial Rink and west of the public launching ramp parking lot on Nonantum road in the Brighton section of the city of Boston.  The 1-time 10-year extension shall be granted if Simmons College or another entity makes a significant investment in the Daly Field complex within the final years of the lease, if necessary, as determined by the department of conservation and recreation.             

The  20-year lease may provide for improvements to the fields and facilities, together with the land and appurtenances, and for a newly-constructed or repaired synthetic turf field, synthetic football field, running track, tennis courts, lighting for the entire parcel, bleacher seating for all fields, facilities to accommodate river access for crew and buildings, including press boxes, home and visitor locker rooms, ticket booths, storage, concessions and a path along the shore of the Charles River extending from west of Daly Memorial Rink to the public access path at Community Rowing, Inc. immediately east of the Daly Field complex, subject to the terms of leases on abutting properties.  The department of conservation and recreation shall maintain this path.  The department of conservation and recreation and the board of directors of the Allston Brighton Friends of Daly Field, Inc. may enter into an agreement with Simmons College or if Simmons College declines to enter any such agreement, then another entity, authorizing Simmons College or such other entity to manage and oversee the construction, refurbishment, repair and improvement to the fields and facilities of the Daly Field complex.

The  20-year lease and the 10-year extension and other agreements executed under this section shall be on terms, conditions and consideration acceptable to the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation; provided, however, that the 20-year lease and the 10-year extension and other agreements shall provide that: (i) the Allston Brighton Friends of Daly Field, Inc. shall provide general oversight for land, facilities, fields and appurtenances associated therewith during the term of the 20-year lease and  the 1-time 10-year extension; (ii) the Allston Brighton Friends of Daly Field, Inc. shall carry comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from or on land and appurtenances associated therewith during the term of the lease; provided, however, that Simmons College or other entity shall be responsible for all costs and expenses associated with carrying comprehensive general liability insurance; (iii) the Daly Field complex shall be accessible to the general public when not in use by permitees; (iv) the lessee shall be responsible for outreach and stewardship; (v) the Allston Brighton Friends of Daly Field, Inc., or Simmons College or other entity, under section 5, shall not design or construct any facilities on the parcel without the written approval of the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation; (vi) Simmons College or another entity shall be responsible for all utility costs, subject to the  20-year lease and the 10-year extension, and for the general day-to-day maintenance of the Daly Field complex; and (vii) Simmons College or another entity shall install and maintain the synthetic surface on the field.                                                                                  

The  20-year lease and the 1-time 10-year lease extension shall be reviewed by the inspector general for comment and recommendation.  The division of capital asset management and maintenance shall file a record of any proposed construction or repairs to any facilities with the clerks of the house and senate, who shall forward the same to the joint committee on state administration and regulatory oversight 60 days before the effective date of the proposed construction, repair, lease extension or any other agreement.

Before entering into the  20-year lease, the 1-time 10-year extension or other any agreement under this act, the commissioner of capital asset management and maintenance shall, in consultation with the commissioner of conservation and recreation, determine the exact boundaries of the Daly Field complex after completion of a survey.          

SECTION 2.  The Allston Brighton Friends of Daly Field, Inc. shall use the property solely for community, high school and collegiate athletic events, including tennis, football, softball, soccer, rugby, running, field hockey, lacrosse, crew, and any other athletic events as determined by the board of directors of Allston Brighton Friends of Daly Field, Inc., subject to the terms of the lease negotiated under section 1.  The property shall remain open to the public at times when the Daly Field complex is not reserved under section 3. 

SECTION 3.  Except as hereinafter provided, the department of conservation and recreation shall determine, schedule and permit the use of the fields, facilities, land and appurtenances of the Daly Field complex, according to regulations promulgated by the department.  The department of conservation and recreation shall ensure fair and reasonable use of the fields, facilities, land and appurtenances for practice and games based upon the needs of Simmons College, Brighton High School football, the Allston-Brighton Little League, Inc., public schools and youth sports leagues from the Allston, Brighton and abutting communities and the general public.  The department may permit the following reserved field needs: (i) Simmons College practice and game time on the full Daly Field complex Monday to Friday, inclusive, from 5:30 P.M. to 9:30 P.M, from March to May, inclusive and mid-August to November, inclusive; provided, however, that Brighton High School football shall have reserved field time Monday to Friday from 2:30 P.M. to 5:30 P.M. and on Friday evenings from mid-August to November, inclusive; (ii) Allston-Brighton Little League practice and game time Monday to Friday, inclusive, from 5:30 to 8:30 P.M. from May to July, inclusive; (iii) Simmons College or another entity, the Allston Brighton neighborhood and abutting communities and the general public on each Saturday; and (iv) Allston, Brighton and abutting communities and the general public on each Sunday.  Any reserved times contained herein shall not be changed without the approval of the entity having the benefit of the reservation. Parties with reserved times shall notify the department of changes in usage or non-usage to maximize public use of the field or Daly Field complex. The department of conservation and recreation shall make every reasonable effort to permit use by the general public during the reserved times if the field or the Daly Field complex are not being used by the above named parties.  During all times when the department of conservation and recreation does not permit usage of the field or the Daly Field complex, the field and Daly Field complex shall remain open and accessible for informal recreational use by the general public.  The Allston Brighton Friends of Daly Field, Inc. and the department may review reserved times at board meetings or otherwise to maximize field use.  All remaining practice and game times shall be determined by the department, in consultation with the Allston Brighton Friends of Daly Field, Inc.  The department of conservation and recreation shall issue a report on the usage of the Daly Field complex and shall biannually file the report with the Allston Brighton Friends of Daly Field, Inc., the clerks of the house of representatives and senate and the clerks of abutting communities on or before January 1 and July 1.  Brighton High School football, Allston-Brighton Little League, Inc., and public schools and youth sports leagues from the Allston Brighton neighborhood and abutting communities shall not be responsible for any operating or use permit costs associated with the Daly Field complex.                                      

SECTION 4.  Pursuant to any agreement executed under section 1, Simmons College or another entity shall be responsible for all costs and expenses, including costs associated with engineering, surveys, appraisals and lease preparation related to the 20-year lease, the 1-time 10-year extension or any other agreements under this act.               

SECTION 5.  Simmons College or another entity shall be responsible for all costs and expenses associated with any engineering, surveys, appraisals, construction, refurbishment, repair and improvements to the Daly Field complex; provided, however, that Simmons College or another entity shall expend approximately $5,000,000 on the construction, refurbishment, repair and improvements.  In no event shall the commonwealth be required to contribute to any of those costs.  The construction, refurbishment, repair and improvements of the fields, facilities, land and appurtenances shall, where applicable, meet National Collegiate Athletic Association rules, regulations and standards. The department of conservation and recreation shall have approval authority over the construction, refurbishment, repair and improvements to the Daly Field complex and the Charles River path described in section 1 to ensure that Simmons College or another entity satisfies the requirements of this act.

SECTION 6.  Simmons College or another entity, in consultation with the department of conservation and recreation, shall conduct a traffic and parking study at the Daly Field complex and shall report its findings to the department of conservation and recreation not later than March 1, 2013, and the department shall forward those findings to the clerks of the senate and house of representatives and the city and town clerks of abutting communities who shall have 30 days thereafter to comment to the department of conservation and recreation.

SECTION 7.  The board of trustees of Simmons College or another entity shall contribute $500,000 to the department of conservation and recreation for the sole purpose of funding a portion of the Watertown Riverfront Park Restoration Project along Charles River road in the city known as the town of Watertown, which shall be paid as follows: (i) $250,000 at the time of execution of the 20-year lease authorized in section 1 between the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, Allston Brighton Friends of Daly Field, Inc. and (ii) $250,000 upon issuance of the permits required to proceed with construction.   

SECTION 8.  Notwithstanding any general or special law or rule or regulation to the contrary, any agreements authorized in this act relating to the advertising, bidding or awarding of contracts,  the procurement of services or to the construction and design of improvements shall not be applicable to Allston Brighton Friends of Daly Field, Inc.                          

SECTION 9.  If the land, facilities, fields and appurtenances comprising the Daly Field complex shall cease to be used by the Allston Brighton Friends of Daly Field, Inc. for the purposes and in the manner described in this act or if the Allston Brighton Friends of Daly Field, Inc. ceases to be the lessee at any time before July 31, 2043, the Daly Field complex shall revert to the commonwealth upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, and shall be assigned to the care, custody and control of the department of conservation and recreation.  Should the Daily Field complex revert to the commonwealth, any further disposition thereof shall be subject to 40E to 40J, inclusive, of chapter 7 of the General Laws.   

SECTION 10.  This act shall expire on July 31, 2043; provided, however if no lease is entered into with the Allston Brighton Friends of Daly Field, Inc, under section 1 by December 31, 2014, this act shall expire on December 31, 2014.