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HOUSE DOCKET, NO. 94346        FILED ON: 11/18/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4346

 

The Commonwealth of Massachusetts

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T he committee on Ways and Means, to whom was referred the Bill authorizing the lease of land to yacht clubs (House, No. 4 252) reports recommends that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4346).

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For the committee,

Charles A. Murphy


The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act AUTHORIZING THE LEASE OF LAND TO YACHT CLUBS.


 

Whereas , the deferred operation for this act would tend to defeat its purpose, which is forthwith to make to provide for the lease of property used by non-profit yacht clubs and other non-profit organizations operating boating programs, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenie nce.

 

              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 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 may, in consultation with the commissioner of the depart ment of conservation and recreation, lease or enter into other agreements for a term not to exceed 30 years with an organization currently operating a yacht club or other boating facility on public park land under the care and control of said department of conservation and recreation for the state-owned buildings and facilities together with the land and appurtenances associated therewith used by said yacht clubs or boating organization as shown in existing records of said department. This authorization sha ll only apply to the following yacht clubs and other boating organizations and facilities: the Union Boat Club, Boston; the Cambridge Boat Club, Cambridge; the Riverside Boat Club, Cambridge; the Buckingham, Browne & Nichols Boat House, Cambridge; the M.I. T. Boat House, Cambridge; the Belmont Hill/Winsor Boat House, Cambridge; the Tufts University, Medford; the Harvard Sailing Pavilion, Cambridge; the Boston University Sailing Pavilion, Boston; the M.I.T. Sailing Pavilion, Cambridge; the Puritan Canoe Club, Boston; the Neponset Valley Yacht Club, Milton; the Wollaston Yacht Club, Quincy; the Squantum Yacht Club, Quincy; the South Shore Yacht Club, Weymouth; the Charlesgate Yacht Club, Cambridge; the Charles River Yacht Club, Cambridge; the Newton Yacht Club, Newton; the Columbia Yacht Club, Boston; the South Boston Yacht Club, Boston; the Riverside Yacht Club, Medford; the Medford Boat Club, Medford; the Mystic Wellington Yacht Club, Medford; the Watertown Yacht Club, Watertown; the East Boston Yacht Club, Bo ston; the Dorchester Yacht Club, Dorchester; the Boston Harbor Yacht Club, Boston; the Blessing of the Bay Boat House, Somerville; and the Boston University DeWolfe Boat House, Cambridge. Prior to entering into a lease or other agreement pursuant to this s ection the commissioner of the division of capital asset management and maintenance shall, in consultation with the commissioner of the department of conservation and recreation, determine the exact boundaries of each parcel after completion of a survey.

There shall be, at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth, an option for extension of said lease or other agreement for 5 years.

SECTION 2. Notwithstanding sections 40E to 40I of chapter 7 of the General Laws or any other general or special law to the contrary, such leases or other agreements executed pursuant to section 1 shall be on terms an d conditions and consideration acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation; provided, however, that said lease or other agreement shall provide, without limitation, that: (i) the lessees shall manage, operate, improve, repair and maintain the state-owned buildings and facilities together with the land and appurtenances associated therewith during the term of the lease; (ii ) the lessee 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 the state-owned buildings and facilities together with the land and appurtenances associated therewith during the term of the lease; (iii) the lessee shall provide appropriate public access to public park land; (iv) the lessee shall be responsible for outreach and stewardship; and (v)  the lessee shall n ot design or construct any facilities on the parcel without the written approval of the commissioner of the division of capital asset management and maintenance and the commissioner of the department of conservation and recreation; provided, however, that the commissioner of the division of capital asset management and maintenance and the commissioner of the department of conservation and recreation shall not approve any design or construction project pursuant to this clause unless said commissioners have d etermined that lessee has sufficient financial resources to complete the project. In determining the consideration for any lease or other agreement pursuant to this section, the commissioner of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, shall develop a methodology for setting a fair rental payment and with due regard to the criteria used by the department of conservation and recreation for setting existing permit fees for yacht and boating facilities identified in section 1.  If a specific lessee does not agree with the rental payment methodology, then the consideration for the lease of that specific parcel shall be the full and fair market value of the parcel as determine d by the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of conservation and recreation, pursuant to 1 or more independent professional appraisals contracted by the division.

SECTION 3. The lease or other agreement shall be prepared in accordance with generally accepted real estate principles and policies of the division of capital asset management and maintenance. The inspector general shall review and approve the lease or o ther agreement, and his review shall include an examination and approval of the methodology used to determine the consideration for each lease. The commissioner shall, 30 days prior to the execution of any lease or other agreement authorized pursuant to th is act, submit the lease to the inspector general for review. The inspector general shall prepare a report of his review of the lease or other agreement and consideration methodology and file the report with the commissioner of the division of capital asse t management and maintenance, the commissioner of the department of conservation and recreation the house and senate committees on ways and means and the chairmen of the joint committee on state administration and regulatory oversight at least 15 days prio r to the execution of said lease or other agreement. All consideration received pursuant to a lease or other agreement executed pursuant to this act shall be deposited in the General Fund.

SECTION 4. Each lessee shall be responsible for all costs and expe nses, including but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation related to the lease or other agreement authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance.

SECTION 5. Notwithstanding any other general or special law to the contrary, the provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to th e procurement of services or to the construction and design of improvements shall not be applicable to any lessee under this act.

SECTION 6. Notwithstanding any other general or special law to the contrary, if any of the properties described in section 1 cease to be used at any time for the public purposes described in this act, or is used for any purpose other than the public purposes stated in this act, the commissioner of the division of capital asset management and maintenance shall give written notice to the lessee of the unauthorized use. The lessee 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 sh all terminate.

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