Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The division of capital planning and operations in consultation with the metropolitan district commission, is hereby authorized and subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to execute and deliver in the name and on behalf of the commonwealth, subject to the terms and conditions as determined by said division in consultation with said commission, one or more instruments to lease a certain parcel of land two hundred and fifty feet, more or less, in length and the existing boathouse and other improvements thereon, and the docks, floats, and piers associated therewith located in the city of Cambridge, seven hundred and fifty feet, more or less, easterly of the Boston University bridge, for rowing and related purposes, to the Trustees of Boston University in order to effect an extension of said University's current right of use and occupancy of land and improvements.
The original lease or leases of such land to Boston University shall be for a period not to exceed twenty-five years, and shall be for not less than fair market value for comparable rentals. Said division, in consultation with said commission, may renew such lease or leases, subject to the approval of the general court, for an additional period of ten years; provided, however, that any additional renewals or leases for any further term of years shall also require approval of the general court.
The parcel of land to be leased herein by Boston University is shown on a plan of land entitled "Lease Plan for Boston University Boat House Memorial Drive - Cambridge, MA." prepared by Harry R. Feldman, Inc., surveyors, dated December 1, 1988, containing 38,625 square feet, more or less, and bounded and described according to said plan, as follows:-
Beginning at a point in the southerly sideline of Memorial Drive distant easterly 750 feet, more or less, from the Boston University Bridge, thence running
North 89 00'00" East by the southerly sideline of Memorial Drive, 250 feet to a point; thence
South 01 00'00" East by other land of the Metropolitan District Commission, about 147 feet to the Harbor Commission Line; thence
South 85 34'30" West along the Harbor Commission Line, about 250.5 feet to a point; and thence
North 01 00'00" West by other land of the Metropolitan District Commission, about 162 feet to the point of beginning at Memorial Drive.
There are appurtenant to said property customary riparian rights in and to the Charles River.
SECTION 2. The division of capital planning and operations shall file a copy of said lease or leases at least twenty business days prior to the execution thereof by said division with the inspector general and a copy thereof with the clerk of the house of representatives who shall forward the same to the joint committee on state administration. The inspector general shall review and comment, and any recommendations thereon by the inspector general, shall be forwarded to said clerk and to said joint committee on state administration. Said lease or leases, when executed by the deputy commissioner, shall be deemed to have been conclusively authorized hereby; provided, however, that all provisions contained therein are consistent with the provisions of this act. Said deputy commissioner from time to time is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of such lease or leases for recording and any and all other agreements and instruments related to the lease or leases authorized hereby which said division may, from time to time, determine appropriate. Any such notice of lease or leases, when executed by said deputy commissioner shall be deemed conclusively authorized hereby; provided, however, that all provisions contained therein are consistent with this act.
No sub-lease or sub-leases of such land or any building or portion thereof shall be executed without the prior approval of the general court.
No privately owned, occupied, or financed building of any kind may be erected upon said land without the written approval of said divisions, in consultation with the metropolitan district commission, a copy of which shall be submitted to the clerk of the house of representatives who shall forward same to the joint committee on state administration. Plans for any such building shall be submitted to said division for its approval prior to any construction thereon. In like manner any alteration, addition thereto, or destruction or demolition thereof shall require the prior written approval of said division copies of any and all plans, together with all such written approvals therefor by said division shall be sent to the joint committee on state administration by said division to be kept on file.
The rental payment to the commonwealth for the lease or leases authorized by this act shall not be subordinated to any household mortgage of the lessee.
The lease or leases shall provide that the commonwealth may repossess the leased premises if payment of the rent or any other sum is not timely paid, or if the lessee otherwise defaults and that, notwithstanding such default, the lessee shall continue to owe rent or any other sums of money due to the commonwealth under the provisions of said lease or leases.
The lessee shall carry, in an amount approved in writing by the deputy commissioner of the division, comprehensive general liability insurance protecting the lessee and the commonwealth against personal injuries and property damage occurring on said property within any structure or building erected thereon, or using any equipment including, but not limited to, boats of any size assigned thereto; and such fire and extended risk insurance, as said deputy commissioner deems appropriate.
Boston University shall have the right, subject to the prior written approval of said deputy commissioner in consultation with the metropolitan district commission, to construct additions to or extensions of any of the improvements, and to perform restorations, or renovations thereto.
No sale, transfer, conveyance or any other disposition of such land, and buildings thereon, if any, may be made without the prior approval of the general court.
SECTION 3. No lease or leases of the property described in section one shall be valid unless such lease or leases shall provide that the Trustees of Boston University shall provide that said property shall be utilized during the months of July and August, annually, for said University's summer rowing program, open to residents of the commonwealth, and operated by and under the supervision of said University, in consultation with the division of capital planning and operations and the metropolitan district commission. Said summer rowing program shall commence no later than the first Monday after the fourth of July and shall terminate on the last Friday in August, annually. Said rowing program shall not be required to operate on any Saturday or Sunday.
No lease or leases shall allow for the sale or consumption of alcoholic beverages of any kind in any building or on any land or improvements leased under the provisions of this act.