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SENATE, No. 2127

 

[August 1 7, 2009 - Text of amendment (Ways and Means) to the Senate Bill r elative to the leasing of land to the Pittsfield Family YMCA by Berkshire Community College (S enate, No. 21 14) ]

 

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

 

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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, in consultation with the department of higher education and Berkshire Community College, enter into a lease or other agreement with the Pittsfield Young Men’s Christian Association for the purpose of facilitating the operation and maintenance of a summer community recreational program for a term, including extensions, not to exceed 20 years of certain facilities at the college’s campus in the city of Pittsfield.   The exact areas to be leased or otherwise used by the Pittsfield Young Men’s Christian Association shall be determined by the commissioner in consultation with the department of higher education and the college.

              Any lease or other agreement entered into pursuant to this act shall be on such terms and conditions as the division of capital asset management and maintenance, in consultation with the department of higher education and Berkshire Community College, deem s appropriate.  Any such lease or other agreement shall contain a provision that requires the Pittsfield Young Men’s Christian Association 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 Pittsfield Young Men’s Christian Association shall indemnify and hold the commonwealth and Berkshire Community College harmless for all personal injury or property damage caused or suffered by the Pittsfield Young Men’s Christian Association, its clients or agents.

              The consideration for the lease or other agreement shall be the full and fair market value as determined by the commissioner of capital asset management and maintenance pursuant to an independent professional appraisal.   The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal.     Within 30 days of receiving the appraisal, the inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance.     Within 15 days of receiving the inspector general’s report but no later than 15 days before the execution of any agreement or other document relating to the lease, the commissioner shall submit such report to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets.

              The Pittsfield Young Men’s Christian Associa t ion 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, the costs for legal work, survey, title, appraisal and the preparation of plans and specifications. The Pittsfield Young Men’s Christian Association shall also be responsible for any costs, liabilities or expenses of any kind for the development, improvement, maintenance or operation of the facilities subject to the lease or other agreement as may be determined by the commissioner of capital asset management and maintenance, in consultation with Berkshire Community College.

              The design of and plans and specifications for any buildings or other improvements to be constructed by the Pittsfield Young Men’s Christian Association shall be subject to the review and approval of the division of capital asset management and maintenance and Berkshire Community College.

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