Print Print
  • Acts
  • 2004
  • Chapter 495 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO ENTER INTO A CERTAIN LEASE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 149 of the acts of 2004 is hereby amended by inserting after section 279 the following section:-

SECTION 279A. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may enter into a 3 1/2 year lease agreement with Community Rowing, Inc. The new lease may provide Community Rowing, Inc. access to the same facilities for the same period of time each year. The new lease may also include all or a portion of other adjacent land not included in a April 14, 1992 lease that was licensed to Community Rowing, Inc. under a license dated April 9, 2002 between Community Rowing, Inc. and the former metropolitan district commission. The 3 1/2 year lease shall be superior to, and not be disturbed by, any lease entered into concerning the Daly Memorial Rink in city of Newton as authorized by section 279, but the 3 1/2 year lease shall not unreasonably impair the ability of the department of conservation and recreation to use and lease the Daly Memorial Rink for public recreational skating purposes.

During the 3 1/2 year lease, no demolition or other work on the Daly Memorial Rink shall be conducted by the department of conservation and recreation or another entity which has entered into a lease for the use of the Daly Memorial Rink, which would interfere with the operations of Community Rowing, Inc. between March 15 and November 7, of 2004, 2005, 2006 and 2007, as determined by the department of conservation and recreation in consultation with Community Rowing, Inc.

Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may enter into a second lease with Community Rowing, Inc., which lease shall be for a term of not more than 50 years including extensions for the purpose of operating a public access rowing program and storage of shells and trailers for use by such program. The second lease may, but shall not be required to, run concurrently with the first lease. If the second lease does not run concurrently with the first, the second lease shall run consecutive to the first lease. This second lease shall include either: (a) the property west of the Daly Memorial Rink and east of the Newton Yacht Club under the custody and control of the department, such area also known as the Community Rowing, Inc. "Locus"; the waterfront area between the Daly Memorial Rink and the Charles River, and in front of the Community Rowing, Inc. Locus; equal access to the Daly Memorial Rink parking lot, so long as such access does not interfere with the ability of the department of conservation and recreation or its lessee to reasonably use the Daly Memorial Rink for public recreational skating purposes; the right to maintain sufficient docks for rowing program use along the Charles River in front of the Daly Memorial Rink and the Community Rowing, Inc. "Locus"; and a right of way from the Daly Memorial Rink parking lot to the waterfront area between the Daly Memorial Rink and the Charles River and the Community Rowing, Inc. "Locus"; or (b) an alternative site of comparable land area, parking, waterfront, and transportation access within the Charles River Basin as the "Locus", as may be identified as the appropriate alternative pursuant to a review conducted in accordance with the Massachusetts Environmental Policy Act and subject to the approval of the commissioners of conservation and recreation and capital asset management and maintenance. The lessee shall assume all costs of the operation and maintenance of any facility erected on the site. Any state funding available for the construction of a boathouse or appurtenant facilities on the leased site shall be subject to the provision of a 2 to 1 private match of cash funds. Such lease shall also provide for continuing public access to the leased site acceptable to the department of conservation and recreation. Notwithstanding sections 38A 1/2 to 38 O, inclusive, of chapter 7 and sections 44A to 44J, inclusive, of chapter 149 of the General Laws, design and construction services for the boathouse and any appurtenant facilities shall be procured and implemented in accordance with the requirements and process established by the division of capital maintenance and management, except that the final design of the boathouse and appurtenant facilities shall subject to the approval of the department of conservation and recreation.

The consideration for each lease shall be determined by the department of conservation and recreation under the "2004 Boat Club Permit Renewal" established by the executive office of environmental affairs, office of public private partnerships, or, as the division of capital asset management, in consultation with the department of conservation and recreation determines, consistent with the rent determinations made for other boat clubs that lease from the commonwealth and are located on the Charles River and taking into account: the public services provided by each boat club; the level of public benefit provided by each boat club; the benefits to the public; the improvements to the property; and the operations provided by Community Rowing, Inc.

Community Rowing, Inc. shall assume the costs of any appraisals, surveys and other expenses required by the division of capital asset management, in consultation with the department of conservation and recreation, for the granting of the leases as provided in this act.

If Community Rowing, Inc. ceases at any time during the term of the second lease to use the property for the storage and program operation described in this section, the lease shall be terminated immediately under such terms and conditions as the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may prescribe.

Any lease, proposed lease or extension of any lease shall be reviewed by the inspector general for comment and recommendation and shall be subject to the approval of the general court before any such lease is signed or extended.

Approved January 7, 2005.