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  • Acts
  • 1998
  • Chapter 141 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO ENTER INTO A LEASE OF CERTAIN PROPERTY WITH THE TOWN OF CHELMSFORD.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital planning and operations to enter into a lease of certain property with the town of Chelmsford, 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, as follows:


SECTION 1. Notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of the division of capital planning and operations, in consultation with the University of Massachusetts at Lowell, is hereby authorized and directed to lease to the town of Chelmsford, and said town is hereby authorized to lease from the commonwealth, for consideration as described in section 3, for a term of 20 years, a certain parcel of land currently used for recreational purposes together with the buildings thereon known as the Tully Forum, situated in the towns of Billerica and Chelmsford. Said parcel of land is shown as lots 1 and 2 on a plan of land entitled, "Plan of Land in Billerica and Chelmsford", prepared by Norgara Investment Corp., September 1980, Fleming, Bienvenu & Associates, Inc. Engineers and Surveyors. Said commissioner shall determine the boundaries of said parcel. Said lease shall be subject to all easements and restrictions of record. Said lease shall further include the public address system and hanging scoreboard located in Tully Forum and one Zamboni ice machine, so-called.

SECTION 2. The parcel of land, buildings, personal property or other improvements described in section 1 shall be used by the town of Chelmsford for general recreational purposes only, and in the event said parcel of land, buildings, personal property or other improvements ceases to be used at any time for said purposes or if such land, buildings, personal property or improvements are used for any other purposes during the term of the lease, said lease shall be terminated by notice to be given by the commissioner of the division of capital planning and operations and said parcel shall revert thereupon to the care and control of said division of capital planning and operations.

SECTION 3. The consideration for the lease by the commonwealth to the town of Chelmsford, authorized in section 1, shall include the rights and duties set forth in sections 4, 5 and 10 and any improvements, alterations and renovations made to the property, described in section 1, by said town; provided, however, that the town is authorized to make improvements, alterations and renovations to the property, notwithstanding the provisions of chapter 7 of the General Laws but subject to the prior written approval of the commissioner of capital planning and operations, in consultation with the University of Massachusetts at Lowell; and provided, further, that copies of any and all plans related thereto, together with all such written approvals therefor by said commissioner shall be sent to the clerk of the house of representatives who shall forward the same to the committee on state administration.

SECTION 4. The University of Massachusetts at Lowell shall have the right, at no cost and for as long as the town of Chelmsford leases or owns the Tully Forum on said land, to schedule university hockey practices in said Forum; provided, however, that such practices shall not occur more than five days per month, on average, for those months during which the university hockey team is in season.

SECTION 5. Any nonprofit youth association which used the Tully Forum ice rink from September 1, 1997 to August 31, 1998, inclusive, shall have the right for as long as the town of Chelmsford leases the Tully Forum, to rent the use of said rink from the town, and to keep the ice hours they rent currently at equal to or better quality ice times. Said town of Chelmsford shall have the right of first refusal for any remaining additional ice times, followed by any nonprofit youth association which draws primarily from residents of said town of Chelmsford, and followed by any nonprofit youth associations using said Tully Forum ice rink between September 1, 1997 and August 31, 1998. Said rental obligation to said nonprofit youth associations shall survive a sale of said Tully Forum pursuant to section 9, and shall apply to any successor owner or owners of said premises upon conveyance during or at the end of the lease authorized by this act. Such rental by said associations shall take precedence over all other rentals or uses of said Tully Forum ice rink, except for the use by the University of Massachusetts at Lowell as set forth in section 4.

SECTION 6. The town of Chelmsford is hereby authorized to issue licenses, permits and similar instruments authorized by law for single events, single or multiple day activities of not more than 30 days, periodic gatherings and meetings and show or entertainment events for the land and buildings as described in section 1, or any portion thereof, which make up the Tully Forum; provided, however, that every six months said town of Chelmsford shall provide to the commissioner of capital planning and operations a copy of said licenses, permits and instruments which it has issued. Said town of Chelmsford is hereby further authorized to enter into a sublease or subleases of a portion or portions of the Tully Forum for the purpose of concession stands or pro shops; provided, however, that such a sublease shall be subject to the prior written approval of said commissioner.

SECTION 7. The commissioner of the division of capital planning and operations shall, 45 days prior to the execution of any agreement authorized by this act or any subsequent amendment thereto, submit such agreement or amendment and a report thereon to the inspector general for his review and comment. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereto, the reports, and the comments of said inspector general, if any, to the joint committee on state administration at least 15 days prior to the execution thereof.

SECTION 8. The town of Chelmsford shall be responsible for all costs and expenses of appraisals and other expenses relating to the lease and conveyance of the property pursuant to section 9, if applicable, and for all costs, expenses, and liabilities of every nature and kind for the use, occupancy, maintenance, repair, replacement and operation of the property subject to the lease. The lessee shall maintain insurance coverage on said property, and the amount and nature of said insurance shall be determined by the commissioner of the division of capital planning and operations. The commonwealth shall not be liable for any injury or damage sustained on the leased property which shall be the total and exclusive responsibility of the lessee.

SECTION 9. The lease authorized by this act, notwithstanding chapters 7 and 30B of the General Laws, but subject to the provisions of this act, shall contain an option for the town of Chelmsford to purchase the property described in section 1 which shall be exercisable during or at the end of the lease term, and the commissioner of the division of capital planning and operations is hereby authorized to grant and said town of Chelmsford is hereby authorized to exercise said option. The purchase price for said property shall be the full and fair market value of the property at the time of the exercise of the option as determined by an independent appraisal for its use as described herein; provided, however, that the cost of all improvements, alterations and renovations made by said town of Chelmsford to the property shall be deducted from the aforesaid price, as determined by mutual agreement of said commissioner and said town of Chelmsford.

The inspector general shall review and approve said appraisal, including an examination of the methodology used for said appraisal and shall prepare and file a report of his review with said commissioner and with the clerk of the house of representatives who shall forward the same to the joint committee on state administration in accordance with the provisions of section 7.

SECTION 10. Notwithstanding the provisions of any general or special law to the contrary, if the town of Chelmsford enters into the lease authorized by the provisions of section 1, said town shall establish in the town treasury a revolving fund which shall be kept separate and apart from all other monies by the town treasurer and in which shall be deposited 35 per cent of the monies received from the rental, sublease, or any other use of the Tully Forum. Said monies shall be used for the maintenance of said Tully Forum.

Approved May 29, 1998.