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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE LEASING AND CONSTRUCTION OF IMPROVEMENTS TO THE EAST JUNIOR HIGH SCHOOL BUILDING IN THE CITY KNOWN AS THE TOWN OF WATERTOWN.

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 any general or special law to the contrary, the city known as the town of Watertown, acting by and through its school committee and town manager jointly, may enter into leases of all or a portion of the building formerly known as the East Junior High School, contingent on town council authorization; provided, however, that any such lease shall be awarded pursuant to section 16 of chapter 30B of the General Laws and shall be made on such terms and conditions as shall be determined by the school committee and town manager jointly to be in the best interests of the town. In the event that a portion of said East Junior High School shall be in actual use as a school at the time of the effective date of any lease awarded pursuant to this act, such lease shall be approved by the commissioner of education as required pursuant to section 3 of chapter 40 of the General Laws.

SECTION 2. A lessee selected pursuant to this act shall be solely responsible for the cost of any and all reconstruction, alteration, remodeling, repair and maintenance of the East Junior High School, collectively referred to herein as improvements, including the cost of any design services relative thereto. The design and construction of any such improvements shall be subject to the prior approval of the city known as the town of Watertown, and shall be exempt from the provisions of the General Laws relating to the construction of improvements to public buildings, including chapter 30B, sections 38A½ to 38 O, inclusive, of chapter 7, sections 44A to 44H, inclusive, of chapter 149 and section 39M of chapter 30 of the General Laws. The provisions of sections 26 to 27H, inclusive, of said chapter 149 shall apply to any contracts entered into by the lessee for the construction of such improvements.

SECTION 3. Prior to the construction of any improvements pursuant to this act, a lessee shall provide the city known as the town of Watertown with a performance and labor and materials payment bond in the amount of 100 per cent of the value of the improvements to be constructed and with certificates of insurance indicating the existence of such coverages as the town manager shall determine to be in the best interests of said town.

SECTION 4. All improvements constructed pursuant to this act shall become and shall remain the property of the city known as the town of Watertown upon the termination of any lease awarded pursuant to this act.

SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, the monies received from any lease of said East Junior High School shall be deposited in the general fund and shall thereafter be expended pursuant to appropriation by the town council.

SECTION 6. This act shall take effect upon its passage.

Approved September 25, 1998.