Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The commissioner of the division of capital planning and operations, in consultation with the department of environmental management, is hereby authorized and directed to lease to the New Bedford harbor development commission 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, said area being shown and details indicated on the department of environmental protection license Plan No. 1882 issued October twenty-sixth, nineteen hundred and eighty-nine and recorded in the Bristol registry of deeds, southern division Book 2431, page 330, Plan Book 124, page 100. The leased premises shall be used for the purpose of construction, development, operation and maintenance of a marina and appurtenant recreational area. Said lease shall be for a term of five years and the lessee shall have a right, at its sole option, to renew said lease for an additional five years.
Said lease shall contain a provision wherein the lessee agrees to pay to the department of environmental management annually by March first, fifteen percent of the lessee's annual gross revenues received from the operation of the marina on the leased premises for the prior calendar year. Two-thirds of the gross revenues so paid shall be deposited by the department of environmental management into the Harbors and Inland Waters Maintenance Fund established under the provisions of section ten A> of chapter ninety-one of the General Laws. The remaining one-third of such gross revenues shall be retained by the department of environmental management for its own use. All other terms of said lease shall be agreed upon by the parties thereto and the form of said lease shall be approved by the attorney general.
SECTION 2. Section 21 of chapter 564 of the acts of 1987 is hereby amended by adding the following paragraph:-
Said commissioner is hereby authorized to reimburse the New Bedford harbor development commission, pursuant to a written agreement, a sum not to exceed fifty thousand dollars for the construction of a playground, landscaping, parking and other related upland access and recreational improvements.