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Session Law

2007

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Chapter 197 AN ACT ALLOWING FOR THE CONTINUED USE OF STATE-OWNED PROPERTY FOR FISHING, BOATING AND TOURISM PURPOSES ON THE CONGAMOND LAKES IN THE TOWN OF SOUTHWICK.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the lease of certain state-owned land to the town of Southwick, 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. Chapter 535 of the acts of 1992 is hereby repealed.

SECTION 2. Notwithstanding any general or special law to the contrary, but subject to section 40J of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the office of fishing and boating access, may lease to the town of Southwick for a term, including any extensions, not to exceed 10 years, a certain parcel of state-owned land in the town of Southwick. This parcel is identified as Lot A on a plan entitled “Plan of Land in Southwick, MA owned by the Commonwealth of Massachusetts, Public Access Board, Department of Fisheries, Wildlife, and Environmental Law Enforcement Showing Parcel to Be Leased by Wylie C. Hubbard, PE RLS, Woodlake, Inc., Agawam, Scale 1”=20”, dated August twenty-sixth, nineteen hundred and ninety-one.” The commissioner, in consultation with the office of fishing and boating access, shall determine the annual rental compensation based upon an independent professional market-rental appraisal of the property minus any maintenance expenditures, services and educational programs performed or to be performed by the lessee. The lease shall automatically renew for additional periods of 10 years unless 1 of the parties gives notice to decline renewal. The lease shall be subject to section 3 and to such additional terms and conditions as the commissioner, in consultation with the office of fishing and boating access, may prescribe; provided, however, that the lease shall be contingent upon the town of Southwick and its agents, customers or contractors agreeing to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or property arising out of, or in any way relating to, the lease and to indemnify and defend the commonwealth and its agents and employees from and against all such claims, actions, damages or costs.

SECTION 3. The inspector general shall review and approve the appraisal required pursuant to section 2. The inspector general shall prepare a report of his review of the methodology used for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner shall, 30 days before the execution of any lease authorized by this act, or any subsequent amendment thereto, submit the proposed lease 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 after receipt of the proposed lease or amendment. The commissioner shall submit the proposed lease or amendment and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before the execution of the lease or amendment.

SECTION 4. The town of Southwick shall be responsible for all costs and expenses associated with a transaction authorized by this act, including, but not limited to, costs associated with any engineering, survey, appraisal, and lease preparation related to the lease authorized by this act and for the development, improvement, maintenance or operation of the property as may be determined by the commissioner for its leasehold.

SECTION 5. All proceeds from the lease and fees collected by the lessee shall be deposited into the Lake Management Fund.

Approved November 28, 2007.

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