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Session Law

2006

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Chapter 247 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY IN THE TOWN OF WEYMOUTH TO THE SOUTH SHORE ASSOCIATION OF RETARDED CITIZENS.

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 section 40H 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, certain land and a building thereon located in the town of Weymouth to the South Shore Association of Retarded Citizens. The property, known as the Henley Building, located at Webb park on River street in the town of Weymouth, shall be used by the South Shore Association of Retarded Citizens for conducting programs and services for individuals with mental retardation and developmental disabilities. 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. The exact boundaries of the property to be leased, as described above, shall be determined by the commissioner, in consultation with the department of conservation and recreation, after completion of a survey.
SECTION 2. No lease agreement authorized 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. The lease shall also provide for continuing public access to the leased property under conditions acceptable by the commissioner of the department of conservation and recreation. 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. A lease agreement authorized by section 1 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 and property. Any lease 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 shall provide that any benefits to the community, the costs of utilities 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. Notwithstanding sections 38A½ to 38O, inclusive, of chapter 7 and sections 44A to 44J, inclusive, of chapter 149 of the General Laws, any improvements, construction services and or repairs for the Henley Building 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 in consultation with the department of conservation and recreation.

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 for 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. This 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.

SECTION 6. Compensation, whether in the form of property or funds, received by the commonwealth pursuant to sections 3, 4 and 5 shall be deposited in the Division of Urban Parks Trust Fund, established pursuant to section 34 of chapter 92 of the General Laws.

Approved August 9, 2006.


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