Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The deputy commissioner of capital planning and operations hereinafter referred to as the "deputy commissioner", is hereby authorized, pursuant to the provisions of sections forty F, forty I, and forty J of chapter seven of the General Laws, to acquire in fee simple by deed, for the consideration of one dollar a certain parcel of land with any and all buildings thereon, now owned by the Northeastern University, in the city of Boston, hereinafter referred to as the "Parcel", such land being bounded by Columbus Avenue, St. Cyprian's Place, Southwest Corridor, and the Northeastern Parking Garage, more particularly as described on a plan to be prepared by the division of capital planning and operations, for the primary purpose of developing a running track facility for public high school track meets and for other public uses, and for uses compatible therewith, as further specified in section five. The Parcel contains approximately ninety-five thousand square feet. Such consideration may include a grant of a right of first refusal should the commonwealth elect to discontinue use of the parcel for said purposes; provided, however, that the commonwealth shall not discontinue said use so long as the debt obligations authorized in section eight remain outstanding.
SECTION 2. As used in this act, the following words shall have the following meanings:
"Use for public purposes" shall include, but not be limited to, use by Massachusetts public high school track programs, members of the abutting residential community or by members of the community at large and students, faculty, staff, and alumni at Northeastern University.
"Use for public purposes" shall not include the leasing or renting of the Building for commercial entertainment activity.
SECTION 3. Notwithstanding the provisions of section forty H of chapter seven of the General Laws, the deputy commissioner shall not be required to advertise prior to acquisition of the Parcel for the consideration specified in section one of this act.
SECTION 4. The deputy commissioner is hereby authorized to spend a sum not in excess of thirty-five million dollars for the acquisition, planning, design, and construction of, including the preparation of construction plans, specifications and estimates for, a building for the use of the metropolitan district commission which shall contain a Massachusetts state track facility. To the extent not inconsistent with the foregoing, the building may be planned and designed so as to permit such other uses as may be necessary or convenient to assist the implementation of public plans and programs for the development of the area surrounding the building, including without limitation, retail lease uses.
SECTION 4A. The deputy commissioner is hereby authorized to construct an on-site or near-site child care center. Child care space constructed pursuant to this chapter must meet the following criteria:
(1) have minimum gross floor area of two per cent of the total square feet of floor area of the building;
(2) be provided to a licensed child care provider without charge for rent, utilities, property taxes, building services or any other charges relating to the physical space; notwithstanding that the provider will be responsible for the other operating costs of the child care center, including, but not limited to, salaries, supplies, and liability insurance not related to the physical structure of the building;
(3) be provided for ten years commencing with the opening of the child care center for use by children, or until deputy commissioner demonstrates that there is no longer a need for the child care center; and
(4) comply with all applicable office for children licensing requirements for child care facilities.
Near-site space shall be provided within the Roxbury section of the city of Boston.
Enrollment priority for the created or purchased space shall be granted to:
(a) low and moderate income employees of the development project;
(b) other employees of the development project;
(c) low and moderate income residents of the community;
(d) other residents of the community.
SECTION 4B. The following words shall have the following meanings when used in this chapter:
"Child care provider", a person or organization that meets applicable office for children licensing standards required to establish and maintain a child care center.
"Low or moderate income", families or persons whose gross monthly income is equal to or less than one hundred and fifteen per cent of the state median income, as determined by the United States census bureau and adjusted annually by a percentage amount equal to the percentage rise in the United States consumer price index.
"Near-site", a location in the same community as the development project.
"On-site", located on the premises of the parcel as defined in section one of this act.
SECTION 5. The deputy commissioner is hereby authorized to designate a building manager for the Massachusetts state track facility building, upon completion of the construction of such building. The building manager shall have as his responsibilities the management, operation, maintenance and repair of the building, including without limitation, custodial staffing, operation of a newspaper, candy and sundries concessions stand, maintenance of common areas in the building, and management of the building's preventive maintenance program. Usage of the facility shall be determined according to the schedule approved by the Commissioner of the Metropolitan District Commission. Said usage schedule must be reviewed annually by the Commissioner of the Metropolitan District Commission in consultation with an advisory committee consisting of seven members, two who shall be appointed by Northeastern University, two residents of the abutting community appointed by the Mayor of Boston, one member appointed by the Governor, one member appointed by the Massachusetts State Track Coaches Association and one member appointed by Massachusetts Interscholastic Athletic Association. Members of the committee shall serve without compensation for two year terms. Each member may be reimbursed for all necessary travel and other expenses incurred by him in the discharge of his official duties. The deputy commissioner is authorized to enter into a building management contract with the building manager for an initial term not to exceed twenty years term with a renewal clause providing up to two ten year terms covering a total period not exceeding forty years; provided, however, that if substandard management conditions exist the contract will be considered null and void by all parties. The deputy commissioner shall seek competitive proposals for the building management contract and such contract shall contain such terms as, in the opinion of the deputy commissioner, are in the best interest of the commonwealth. In addition to any other terms and conditions which the deputy commissioner in his sole discretion shall determine, the building management contract shall contain the following conditions:
(a) The building manager shall comply with the terms and conditions of the commonwealth's preventive maintenance program for state buildings, as such program may be revised from time to time.
(b) The Massachusetts state track facility shall be made available on a non-fee basis for use by Massachusetts public high school track programs and on a user fee basis for members of the public and by Northeastern University; provided, however, that from time to time, the facility shall be made available on a no-cost basis for use by Massachusetts public high school track programs, members of the public, and Northeastern University.
(c) All user fees collected as a result of the use of the Massachusetts state track facility, shall be deposited into the Building Trust Fund, described in section seven. User fees shall be established annually and be subject to the approval of the commissioner of the metropolitan district commission and the commissioner of administration.
(d) The building manager shall be required to establish and maintain a separate fund in an amount necessary to meet all of the costs and responsibilities for the operation and management of the building. Such fund shall be maintained in accordance with generally accepted accounting principles and the state comptroller's accounting manual. Such fund shall be subject to an annual audit by the state auditor for two consecutive years, after which time this fund shall be subject to biennial audit consistent with the mandate of the state auditor's office contained in section twelve of chapter eleven of the General Laws. In addition, the deputy commissioner shall have the right to undertake or cause to be undertaken an annual audit of the fund.
(e) The deputy commissioner shall, at least annually, prepare a written evaluation of the building manager's performance, and shall annually, on or before September first, submit to the clerk of the house of representatives who shall forward the same to the joint committee on state administration and the house and senate committees on ways and means a comprehensive report on the management and the condition of the facility.
SECTION 6. The deputy commissioner is authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to negotiate, execute, and deliver on behalf of the commonwealth, one or more leases for a term or terms up to ten years, with tenants for the use of any net rentable ground floor space within the building, for commercial uses compatible with the surrounding community.
The deputy commissioner is authorized to obtain from each such lessee, at the commencement of the lease term, a security deposit in a reasonable amount to be determined by the deputy commissioner, such deposit to be placed in an interest-bearing escrow account, during the term of the lease, and naming the commonwealth as a beneficiary in the event of a default by lessee.
Each tenant shall be required to carry policies of insurance including (a) comprehensive general liability insurance protecting tenant and the Commonwealth against personal injuries and property damage occurring in the leased premised and appurtenant common areas, and (b) such fire and extended risk insurance, as the deputy commissioner deems appropriate covering all nonstructural portions of the leased premises. Additionally, the lease shall require each tenant to furnish the deputy commissioner with insurance covering and protecting the building against damage resulting from tenant's alteration, or renovation work with the leased premises, in such amounts as deemed appropriate by the deputy commissioner.
The lease shall provide that the commonwealth may repossess the leased premises if payment of rent or any other sum is not timely paid, or if tenant otherwise defaults, and that notwithstanding such default, the tenant will continue to owe the minimum rent and any other such sums due under the lease and shall also be obligated for the commonwealth's cost of releasing the premises.
The commonwealth's leasehold interest shall not be subordinated to the rights of any lender to the lessee.
The rents collected pursuant to such leases shall be deposited into the Building Trust Fund described in section eight, and used for all purposes authorized in connection therewith.
SECTION 7. There shall be established and set up on the books of the Commonwealth, a separate fund to be known as the Massachusetts State Track Facility Building Fund. Said fund shall consist of all user fees collected as a result of the use of the Massachusetts State Track Facility, the rents collected pursuant to the retail leases, and all other monies credited or transferred thereto from any other fund or source pursuant to law. Said fund shall be established by the deputy commissioner and shall be under his exclusive control and supervision. The monies in the fund shall be expended subject to appropriation and the laws relating to state finances, for major capital improvements to the building as they become necessary from time to time, for the establishment of reserve accounts for working capital, and for such other reserves as the deputy commissioner shall determine are necessary.
The deputy commissioner shall file with the commissioner of administration, the house and senate committees on ways and means, the house and senate chairmen of the joint committee on state administration, and the state auditor not later than September first of each year an annual report of the fund's income, expenditures, and available balances, based upon the status of the fund on June thirtieth of the preceding fiscal year. The report shall include the deputy commissioner's recommendations, if any, regarding the transfer of surplus monies from said fund into the General Fund. Said fund shall be subject to an annual audit by the state auditor for two consecutive years, after which time this fund shall be subject to biennial audit consistent with the mandate of the state auditor's office contained in section twelve of chapter eleven of the General Laws. A copy of such audit shall be sent to the clerk of the house of representatives who shall forward the same to the house and senate chairmen of the joint committee on housing and urban development and the house and senate committees on ways and means.
SECTION 8. To meet the expenditures necessary for carrying out the provisions of this act, the state treasurer shall, upon request of the governor, issue and sell at public or private sale, bonds of the commonwealth, registered or with coupons attached, in an amount to be specified by the governor but not exceeding in the aggregate thirty-five million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face Massachusetts State Track Facility Loan, Act of 1987 and shall be on the serial payment plan for such maximum number of years, not exceeding twenty years, as the Governor may recommend to the General Court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, the maturities thereof to be so arranged that the amounts payable in the several years of the period of amortization, other than the final year, shall be as nearly equal as in the opinion of the state treasurer it is practicable to make them. Said bonds shall bear interest semi-annually at such rate as the state treasurer, with the approval of the governor, shall fix. Such bonds shall be general obligations of the commonwealth.