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Session Law

2008

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Chapter 166 AN ACT RELATIVE TO THE KASABUSKI RINK IN THE TOWN OF SAUGUS.

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 Chapter 330 of the acts of 1982 is hereby repealed.

SECTION 2. (a) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, shall lease to the town of Saugus, for a term of not less than 20 years, a certain parcel of state-owned land known as the Kasabuski Arena, including all buildings, structures or other appurtenances to the land, under the control of the department of conservation and recreation and located in the town of Saugus so as to provide for the continued use, operation, maintenance, repair and improvement of the buildings, structures or other appurtenances. The land is bounded and described as follows:
Beginning at a point on the southwesterly property line of the Breakheart Reservation site and said point also being on the northwesterly street line of Forest Street;
Thence N24°-21’-32"W, along side of line of Forest Street 119.36 Feet to a point;
Thence N23°-33'-34"W, along side of Forest Street 294.589 Feet to a point;
Thence N69°-55'-32"E, a distance of 158.903 Feet to a point;
Thence S56°-44-46"E, a distance of 68.785 Feet to a point;
Thence N86°-44'-05"E, a distance of 270.640 Feet to a point;
Thence S57°-40'-32"E, a distance of 165.340 Feet to a point;
Thence S14°-05'-09"E, a distance of 178.190 Feet to a point;
Thence S72°-52'-18"W, a distance of 257.06 Feet to a point;
Thence S74°-06'-36"W, a distance of 136.940 Feet to a point;
Thence S72°-27'-49"W, a distance of 121.350 Feet to the point of beginning at Forest Street.
The land is also shown on a plan titled: Metropolitan District Commission, Parks Division, Breakheart Reservation, Park Parcel, Dated February 3, 1982, and contains 4.286 Acres of land.
(b) There shall be an option for renewal or extension for operations and maintenance services which shall not exceed 5 years and which shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. The lease shall contain a provision that requires the town of Saugus or any sublessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or other buildings, structures, or appurtenances, or on the land during the term of the lease.
(c) If the lease requires capital improvements to be made to any buildings or surface areas, the lease shall include a description of the required capital improvements and, at a minimum, performance specifications. In consideration of the lease authorized in section 1, the terms and conditions shall include that the town of Saugus shall compensate the commonwealth an annual rent for the property at the same rate that the town paid in fiscal year 2006 for the lease of the property and shall take into account any benefits to the commonwealth and the costs of improvements or repairs made to the property. All consideration received from the lease shall be payable to the department of conservation and recreation for deposit into the General Fund. The town of Saugus shall bear all costs deemed necessary or appropriate by the commissioner of capital asset management and maintenance for the transaction, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

SECTION 3. The lease shall include the following terms and conditions: (1) a residential discount program; (2) reservation policies; (3) reasonable rates that shall ensure continued public access; (4) required financial audits; (5) policies to encourage use of the rink by persons of all races and nationalities; (6) safety and security plans; (7) seasonal opening and closing dates; (8) hours of operation; and (9) how the operator shall satisfy ice time allocation guidelines, which shall require that ice time be allocated to user groups in the following priority order: general public skating, non-profit youth groups, school hockey, youth groups other than non-profit youth groups, and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator; provided, however, that general public skating shall be booked at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in public skating sessions; and provided further, that every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

SECTION 4. The town of Saugus may sublease the Kasabuski Arena property for the public purposes identified in this act; provided, however, that such a sublease shall be approved by a majority vote of the town of Saugus board of selectmen at an open meeting after a proposed sublease has been posted on the town’s website for 1 week and the board of selectmen had the opportunity to receive public input before and during the meeting. The town of Saugus shall seek advice from the department of conservation and recreation when considering bids from potential sublessees.

SECTION 5. If the Kasabuski Arena property shall no longer be used for the public purposes identified in this act, upon notice by the commissioner of capital asset management and maintenance, it shall revert to the commonwealth and any further disposition of the property shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

SECTION 6. This act shall take effect upon its passage.

Approved June 30, 2008.


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