Amendment #186 to H4000

An amendment authorizing the Department of Conservation and Recreation to lease or claim by eminent domain a piece of property near Havey Beach in West Roxbury

Mr. Coppinger of Boston moves to amend the bill by adding the following section:

SECTION XX. (a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance, hereinafter “the division” shall, on behalf of and in coordination with the department of conservation and recreation, hereinafter “the department”, enter into negotiations to execute and deliver in the name and on behalf of the commonwealth, a lease agreement, hereinafter “the lease”, with 1235-1237 VFW Parkway LLC, the owner of the property located at 1235-1237 Veterans of Foreign Wars parkway in the West Roxbury neighborhood of the city of Boston, hereinafter “the lessor.”  The property consists of approximately 19,781 square feet, or 0.45 acres, currently used as a parking lot. The lease shall be on such terms and conditions as may be determined by the division, in consultation with the department and subject to the requirements of this section.

(b) The division, on behalf of the department, may lease the property from the lessor for an original term of not more than 5 years, and may provide an option to extend the lease term for 1 consecutive term of 5 years; provided, however, that any additional renewal of the lease for any further term of years shall require express statutory authorization by the general court. The lease shall be for not more than fair market value, as determined by an independent appraisal, and shall require that the property only be used as a parking lot, under the care and control of the department, to be used for public parking and increased access to Havey beach, Riverdale park, Rivermoor park, Millennium park, or other nearby properties maintained by the department.

(c) At least 21 days prior to the execution of the lease by the division, the commissioner of the division shall file a copy of the lease with the inspector general and the clerks of the house of representatives and senate, who shall forward the same to chairs of the joint committee on state administration and regulatory oversight for review and comment.  The inspector general shall review the lease and file any comments and recommendations thereon with the division and the chairs of said committee at least 10 days prior to the execution of the lease.

(d) The department shall have the right to renovate, repair or improve the property, subject to the terms of this section.  The lessor shall maintain any existing property or liability insurance in an amount and of a type sufficient to protect the commonwealth and its leasehold interest from any action arising for a claim against the property subject to the lease; provided, that the commissioner of capital asset management and maintenance, and the commissioner of conservation and recreation shall review and approve the terms of such insurance.

(e) The division is hereby authorized, if at any time it deems it to be necessary and in the best interest of  the commonwealth, to acquire the leasehold interest as well as all other rights, title, and interest in the property by purchase, by eminent domain, or otherwise. Should the division exercise the eminent domain authority provided in this section, the division shall pay the lessor the amount as determined in subsection (c), and the lessor may pursue its rights as provided by chapter 79 of the General Laws.  Should the division, in consultation with the department, determine at any time during the authorized term of the original lease or during the term of any extensions or  renewals thereof to take the leasehold interest or the fee interest in the property by eminent domain, any and all monies required by the lease or leases and paid by the division or the department to the lessor or any other  lessor or entity shall be credited to and subtracted from the final amount of any monies due from the division or department to the lessor or any other lessors or entities holding title to the property for the acquisition of the leasehold interest or fee interest in the property by the division.

Any leasehold interest in the property, no matter how acquired, shall be subject to the use restrictions of subsection (b). Notwithstanding any general or special law or provision of this section to the contrary, if the division shall, in consultation with the department and otherwise in conformance with the requirements of this section, acquire a right or interest greater than a leasehold interest in the property, including but not limited to title to the property, and subsequently attempt to change the use of the property to other than the use authorized by subsection (b), such change in use shall require express statutory authorization of the general court.

(f) At least 90 days prior to the execution of the lease authorized by section, or, if applicable, at least 90 days prior to the taking of the leasehold or fee interest in the property described by this section by purchase, eminent domain, or otherwise, the commissioner of capital asset management and maintenance shall notify, in writing, the mayor and the city council of the city of Boston of the pending execution of the lease or the pending acquisition.  The notice shall include a statement of the present use of the property, the reason for the action being taken, and the proposed future use of the property by the department.  The commissioner of capital asset management and maintenance shall, upon the written request of the mayor and city council of the city of Boston, hold a public hearing in said city for the purposes of disclosing the conditions or reasons for the proposed action and soliciting municipal feedback.

(g) No lease agreement executed in accordance with this section, and no renewal or extension of such agreement shall be valid and no payment shall be made to the lessor, or any other lessor, unless a sworn disclosure statement has been filed by the lessor, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property, with the division and the department. The provisions of this subsection shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than 10 per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. Such disclosure statement shall also be during the term of the lease agreement in the event of any change of interest in the property, as provided, within 30 days of such change.

Any official elected to public office in the commonwealth, or any employee of the division or department disclosing beneficial interest in real property pursuant to this subsection, shall identify the person’s position as part of the disclosure statement.

The division shall keep a copy of each disclosure statement received available for public inspection during regular business hours.