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  • Acts
  • 2004
  • Chapter 174 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the lease of certain property to the city of Lynn, 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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance may lease, in consultation with the commissioner of conservation and recreation for an initial term of 25 years together with an option to renew for 2 additional 10 year terms, certain land and a building thereon located in the city of Lynn to the Lynn Historical Society and Museum. The property, known as the Lynn Heritage State Park Visitor Center and located at 590 Washington Street, shall be used for operating and managing a historical museum, interpretive exhibit, public access and meeting space, in partnership with the department of conservation and recreation. The lease agreement shall be subject to such terms and conditions as the commissioner may prescribe, in consultation with the department of conservation and recreation.

SECTION 2. No lease agreement entered into under section 1, by or on behalf of the commonwealth, shall be valid unless the agreement provides that the property shall be used solely for the purposes described in section 1. If for any reason the property ceases to be used solely for the purposes described in section 1, the commissioner, in consultation with the department of conservation and recreation, may terminate the lease. If the lease is terminated, the property shall revert to the commonwealth under the care and control of the department of conservation and recreation.

SECTION 3. Such lease shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the building. Any lease or other arrangement requiring improvements to be made to the building may include a description of the initially required improvements and, at a minimum, performance specifications. The lease and other agreements shall provide that any benefits to the community, the costs of utilities, the costs for staffing for public programming and access and the costs of improvements and repairs to be made to the building by the lessee shall be taken into account as part of the consideration for the lease or other agreement.

SECTION 4. The inspector general shall review and approve the lease agreement and any terms and conditions contained therein, as authorized under section 1. The inspector general shall prepare a report of his review and file the report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. The commissioner shall, 30 days before the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereto, the reports and the comments of the inspector general to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days before execution.

SECTION 5. The lessee shall compensate the commonwealth the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal. Such compensation shall incorporate the considerations included in section 3. The lease shall require the lessee to provide annual itemized statements to the commissioner of capital asset management and maintenance, or his designee, of the considerations identified in section 3 that are to be claimed by the lessee.

Approved July 15, 2004.