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Session Law

1998

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Chapter 275 AN ACT PROVIDING FOR THE LEASE OF COMMONWEALTH LAND IN THE CITY OF QUINCY.

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. The commissioner of the division of capital asset management and maintenance, in consultation with the metropolitan district commission, is hereby authorized, notwithstanding the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws, to execute and deliver in the name of and on behalf of the commonwealth, subject to the terms and conditions as determined by the commissioner of said division in consultation with said commission, one or more instruments to lease for a term or terms of up to 50 years including extensions to the Athletes Reaching Out Foundation, a nonprofit organization, certain parcels of commonwealth land, as are more specially described in section 2, currently under the care and control of said commission and used for open space and recreation purposes. Such terms and conditions shall include the execution by the foundation of an agreement with, and acceptable to the commission, and separate from the lease agreement, providing the metropolitan district commission with oversight rights concerning the use of said parcels and approval rights concerning improvements made to said parcels in order to protect the public recreational purposes of them.

The lease price to be paid by the foundation for said parcels shall be the full and fair market value of said land for use as public recreational space, taking into account the public benefits provided by the foundation and the use and affordability restrictions in section 3, as determined by the commissioner based upon one or more independent professional appraisals commissioned by said division; provided that the commissioner may determine that less than fair market value may be paid by the foundation based upon the benefits to the public provided by the foundation's use, improvement, and operation of the parcels. The inspector general shall review and approve said appraisal, and said review and approval shall include an examination of the methodology utilized for said appraisal. Said commissioner shall, 30 days prior to the execution of any lease or agreement authorized by this act or any subsequent amendment thereof, submit said lease, agreement, or amendment and a report thereon to said inspector general. Said inspector general shall prepare a report of his review and approval of said appraisal, lease, agreement, or amendment and file said report with said commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to said execution.

The lease price paid by the foundation for any lease, agreement, or amendment thereof authorized by this act shall be deposited in the general fund of the commonwealth. Said commissioner, in consultation with the commission, shall approve any subleasing and concession operations on said parcels. All money generated by any such sublease or concession shall be used solely for the purpose described in section 3.

SECTION 2. The parcels referred to in section 1 comprise an approximately 12-acre portion of the land shown on the city of Quincy assessor's map number 4126A, Lot 3D, Plot 63; and map number 4126B Lot 4, Plot 7; Plot 8; Lot 5, Plot 6; Lot 5, Plot 5; Lot 7, Plot 4; Lot 8, Plot 3; Lot 9, Plot 2; Lot 10, Plot 1, provided that the boundaries of said parcels shall be more particularly determined by the commissioner of the division of capital asset management and maintenance, in consultation with the metropolitan district commission, following the preparation of a survey. Said commissioner is hereby authorized notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws to convey such easements for utilities, drainage, access and egress over other commonwealth land as may be necessary or convenient to serve the parcels to be leased hereunder.

SECTION 3. The parcels referred to in section 1 shall be used only for public recreational purposes, and in compliance with the agreement referred to in section 1 providing for the oversight and approval by the metropolitan district commission, provided that said foundation is hereby authorized, notwithstanding chapters 30B and 149 of the General Laws or any other laws governing public design or construction procurement, to construct, reconstruct, repair, replace and operate a replica of Fenway Park for recreational use on such terms and conditions as will ensure affordable use thereof by the public and compliance with said agreement. The transactions authorized hereunder shall be subject to a requirement that the performance of, and payment for, improvements to the parcels shall be fully covered by bonds issued by bonding companies authorized to issue bonds in the commonwealth.

SECTION 4. The Athletes Reaching Out Foundation shall be responsible for all costs associated with any appraisal, survey, or other expense incurred by the commonwealth relating to the transfer of said parcels, and for any costs, liabilities, or expenses of any kind for the development, improvement, maintenance, or operation of said parcels as may be determined by the commissioner of the division of capital asset management and maintenance in consultation with the commission.

SECTION 5. In the event the parcels of lands described in section 2 cease to be used at any time for the purposes contained herein, said parcels shall revert to the commonwealth under the care and control of the metropolitan district commission and any further disposition of said parcels shall be subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws and must have prior approval of the general court. In such event, the foundation shall continue to be responsible for all liabilities associated with the improvements to said parcels during the period of said foundation's interests in the parcels, and for all liabilities associated with the condition, use, improvements, operation and management of said parcels during said period.

Approved August 10, 1998.

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