Whereas, The deferred operation would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations to enter into a long term lease with the city of Fall River, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 department of environmental management, is hereby authorized, 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 of and on behalf of the commonwealth, and subject to such terms and conditions as determined by said division in consultation with said department, one or more instruments to lease to the city of Fall River acting through the Fall River office of economic development, or such other entity as the city, with the approval of the division, may from time to time designate, a certain parcel of land located within the Fall River State Heritage Park for the purposes of locating a carousel pavilion on said land.
The original lease or leases of such land to said city shall be for a period not to exceed thirty years. Said division, in consultation with said department, may provide renewals to extend said original lease or leases for two consecutive terms of ten years each; provided, however, that all additional renewals of said lease or leases for any further terms of years shall require the approval of the general court.
If the original term or a renewal term expires during the time that the city of Fall River and the division, or their successors in interest, are negotiating a renewal of the lease or leases or during the time that the general court is considering approval of a renewal of the lease or leases, the term expiring shall be deemed to be automatically extended for a period not to exceed one year in duration from the date of expiration of the original lease or leases or any renewal thereof, and for the same lease conditions as are in effect during the last year of said lease prior to any renewal thereof, and shall remain in effect while waiting favorable general court action thereof or until the renewal lease document requiring such favorable action is executed by the division or its successor. Said renewal shall expire at the end of said year if the general court has not acted, or acts unfavorably on said renewal, whichever occurs sooner.
Said lease or leases shall be in return for compensation as described in section two of this act and in accordance with the purposes and program described in the 512 Agreement between the City of Fall River and the department of environmental management dated May 23, 1990.
Said parcel is described as follows: `tuc DESCRIPTION OF LAND LOT 1-A "CAROUSEL PARCEL"
That certain parcel of land with all improvements located thereon, situated in the City of Fall River, County of Bristol and Commonwealth of Massachusetts, said parcel, currently being used as Heritage State Park, being further bounded and described as follows:
Beginning at a point in the northeasterly line of interstate Route 195 at the intersection of said northeasterly line with the southeasterly mean high water line of the Taunton River;
Thence running easterly, northeasterly, northerly, northeasterly, easterly, southeasterly, and southerly along the mean high water line of said Taunton River, a distance of two hundred seventy-seven feet, more or less (277'+) to a point;
Thence running S 16<= 25' 39" W, bounded easterly by other land now or formerly of these Grantors, a distance of seventy feet, more or less (70'+) to a point;
Thence running S 9<= 11' 04" W, bounded easterly by other land now or formerly of these Grantors, a distance of sixty and twenty-four hundredths feet (60.24') to a point in the northeasterly line of said interstate Route 195;
Thence running N 53<= 15' 20" W along the northeasterly line of said interstate Route 195, a distance of one hundred seventy-five and three-tenths feet, more or less (175.3'+) to the point and place of beginning, or as ultimately depicted on a plan to be recorded at the time of conveyance.
The above described parcel contains seventeen thousand two hundred sixty-eight square feet, more or less (17,268 S.F.+) of land.
SECTION 2. Said lease or leases shall be subject to such conditions and restrictions as may be deemed necessary and appropriate, and consistent with this act, by the commissioner of the division of capital planning and operations in consultation with the department of environmental management, and shall provide for compensation from the city of Fall River which shall include provisions regarding services for maintenance and repair of the adjacent parking area, including landscape maintenance, snow and trash removal, and shall further provide security for the entire Fall River State Heritage Park.
SECTION 3. In the event that the carousel pavilion, as described in the 512 Agreement between the department of environmental management and the city of Fall River dated May twenty-third, nineteen hundred and ninety is not constructed on or before January first, nineteen hundred and ninety-three, or the parcel ceases to be used for the purpose described in section one of this act at any time thereafter the lease or leases authorized by said section one hereunder shall be null and void and all interests thereon shall revert to the commonwealth, or if said lease or leases are not in accordance with the purposes and program described in said 512 Agreement.