Amendment #477 to H.4789

Amendment #477 to H4789

Pope's Island Marina

Representatives Hendricks of New Bedford, Markey of Dartmouth, Cabral of New Bedford, Straus of Mattapoisett and Schmid of Westport move to amend the bill by adding the following:

SECTION XXX. (a) Notwithstanding any general or special law to the contrary, and subject to section 5A of chapter 3 of the General Laws, the commissioner of conservation and recreation, is hereby authorized and directed to lease to the New Bedford Harbor Development Commission d/b/a the New Bedford Port Authority a certain area in and over the waters of the Acushnet River in the city of New Bedford, together with improvements thereon and all easements, rights, privileges, and appurtenances thereto for the operation and maintenance of a recreational marine boating facility and recreational area, known as the Pope’s Island Marina, for a term of 10 years and may include two 5-year options to extend.

The City of New Bedford shall not enter into sub-agreements of any kind for the operation and maintenance of the marina without prior written authorization from the commissioner of conservation and recreation. True copies of any such written authorization shall be filed with the Clerks of the Senate and House of Representatives no later than 45 days after execution.

(b) The lease and any extensions executed under this act shall be on terms and conditions acceptable to the commissioner of conservation and recreation; provided, however, that the lease and any extensions shall provide, at its sole cost and expense, that the City of New Bedford (i) provide oversight, operations, maintenance and repair of the property, including the land, facilities and appurtenances associated therewith during the term of the lease; (ii) 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 use of the land and appurtenances associated therewith during the term of the lease and any extension thereof; (iii) subject to (v) and (vi), may retain revenues from usage fees during the term of the lease and the proceeds from concessions associated with use of the property for the sole purpose of the design, construction, operation, programming, maintenance and repair expenses of the property over the course of the lease in addition to a one time reimbursement for costs defined in Section 2 herein; (iv) may charge not more than ninety dollars ($90.00) per linear foot for use of slips without prior written authorization from the commissioner of conservation and recreation; (v) shall deposit into an escrow account, shared with the department of conservation and recreation, not less than one hundred thousand dollars, ($100,000.00) annually, adjusted to the Price Adjustment Formulae Indices every 5 years, to fund capital investments of the property; (vi) shall pay to the department of conservation, in quarterly installments, ten percent of the annual gross revenues defined as total gross revenues after deduction of the $100,000 described in subsection (v) above; (vii) shall, not later than 3 months after the close of each calendar year, prepare an annual report detailing its performance against the goals for the prior year, detailing all revenues and expenditures of funds for the prior year pursuant to this section, regardless of source, and specifying all usage and programming fee rates associated with planned programs and activities, and submit the report to the commissioner of conservation and recreation; (viii) shall not design, install or construct any facilities on the property without the written approval of the commissioner of conservation and recreation; (ix) shall be responsible for all utility costs; (x) shall provide not less than 20 parking spaces at no charge to visitors of the abutting playground facility; and (xi) may be responsible for outreach and stewardship with the written approval of the commissioner of conservation and recreation.

(d) Before entering into the lease, the commissioner of conservation and recreation shall determine the exact boundaries of the property after completion of a title examination and a survey each commissioned by the department of conservation and recreation.

SECTION XXX. The City of New Bedford shall be responsible for all costs and expenses associated with any engineering, surveys, appraisals, and lease preparation related to the execution of the lease and any extensions under this act; provided, however, that the commonwealth shall not be required to contribute to any such costs.

SECTION XXX Within 90 days of the passage of this act, the commissioner of conservation and recreation shall issue to the City of New Bedford a license to operate and maintain the marina. The terms of said license shall be consistent with this act.

SECTION XXX. If the land, building and facilities, field and appurtenances comprising the property shall cease to be used by the City of New Bedford for the purposes and in the manner described in this act at any time before the conclusion of the lease term, the property shall revert to the commonwealth upon such terms and conditions as the commissioner of department of conservation and recreation may determine, and shall be assigned to the care, custody and control of the department of conservation and recreation.

SECTION XXX. If the commissioner of conservation and recreation fails to enter into a lease with the City of New Bedford pursuant to section 1 before July 1, 2025, the commissioner shall issue, on or before October 1, 2025, a request for proposals seeking a lessee to operate and maintain the Popes Island Marina and recreational area. Any lease resulting from a request for proposals process pursuant to this section shall be for a term not to exceed 20 years, inclusive of any extensions.