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  • Acts
  • 2006
  • Chapter 296 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY IN THE TOWN OF TEWKSBURY.

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 any general or special law to the contrary, including chapter 30B and sections 40E to 40I, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance may lease, in consultation with the department of public health, for a term not to exceed 99 years certain land located in the town of Tewksbury to the Tewksbury Hospital Equestrian Farm, a non-profit organization. The parcel is shown on a plan entitled "T.H.E FARM, Livingston Street, Tewksbury, MA", dated December 1, 2005 and prepared by Cuoco Cormier Engineering Associates. The Tewksbury Hospital Equestrian Farm shall use the property to provide therapeutic equestrian programs for the clients of the Tewksbury Hospital, public riding programs, special events for individuals of all abilities and for such other purposes consistent with the mission of the Tewksbury Hospital Equestrian Farm.

SECTION 2. Any lease shall permit the Tewksbury Hospital Equestrian Farm to access rights of way and roads to facilitate ingress and egress. Notwithstanding chapters 30B and 149 of the General Laws or any other laws governing public design or construction procurement, the lease agreement shall contain provisions authorizing the Tewksbury Hospital Equestrian Farm to construct an indoor equine arena and barn and to establish fenced outdoor riding and pasture areas, provided that the costs of construction, operation, improvement, repair and maintenance shall not be born by the town or the commonwealth.

SECTION 3. 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 activities directly related to the purposes described in section 1. If for any reason the property ceases to be used for the purposes described in section 1, the department of public health may terminate the lease. If the lease is terminated, the property shall revert to the commonwealth, under the care, custody and control of the division of capital asset management and maintenance, in consultation with the department of public health.

SECTION 4. Any lease agreement entered into under section 1, by or on behalf of the commonwealth, shall be terminable at the commonwealth's sole discretion upon 6 months advance written notice in the event that the Tewksbury Hospital Equestrian Farm fails to raise substantially all of the funding required to begin construction to establish accommodations suitable for year-round operation within 5 years after execution of the lease agreement. If the lease is terminated, the property shall revert to the commonwealth, under the care, custody and control of the division of capital asset management and maintenance, in consultation with the department of public health.

SECTION 5. The Tewksbury Hospital Equestrian Farm shall be responsible for all costs associated with any appraisal, survey or other expense incurred by the commonwealth relating to the lease of the parcel, and for any costs, liabilities or expenses of any kind for the development, improvement, maintenance or operation of the parcel as may be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of public health.

SECTION 6. Any lease agreement entered into under section 1 shall require that the lessee maintain adequate insurance and shall contain such other provisions as the commissioner deems appropriate.

SECTION 7. This act shall take effect upon its passage.

Approved September 14, 2006.