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  • Acts
  • 2008
  • Chapter 287 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY TO THE TOWN OF SHIRLEY.

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 sections 40F to 40I, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance may lease, in consultation with the commissioner of correction, to the town of Shirley for a term of 10 years, including any extensions, a certain parcel of land of approximately 10 acres located between the southeast side of Shaker road and the westerly side of Wilde road then northerly to the intersection of Shaker road and Wilde road in the town of Shirley and further shown as being the most northerly portion of lot 1 on Shirley’s assessors map 5, block A, comprising a portion of the land of the Massachusetts Correctional Institute, Shirley. The property shall be used by the town of Shirley for municipal, passive recreational activities. The exact boundaries of the property so leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction, after completion of a survey. The lease agreement authorized by this section shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance may prescribe, in consultation with the commissioner of correction.

SECTION 2. If for any reason the property leased as described in section 1 ceases to be used solely for the purposes described in section 1, the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction, shall terminate the lease. If the lease is terminated, the property shall revert to the commonwealth under the care and control of the department of correction.

SECTION 3. Notwithstanding any general or special law to the contrary, the lease agreement authorized by section 1 shall provide for the town of Shirley to manage, operate, improve, repair and maintain the leased property and any equipment thereon for the term of the lease. The lease shall also provide for continuing public access to the property described in section 1 under conditions acceptable to the commissioner of correction. The inspector general shall review and comment upon the lease agreement and any terms and conditions contained therein, as authorized under section 1. The inspector general shall issue his review and comments within 15 days of his receipt of any proposed lease agreement or amendment thereto. The commissioner shall submit the proposed lease agreement and any subsequent amendments thereto and the reports and comments of the inspector general to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the lease or amendment.

SECTION 4. The town of Shirley shall compensate the commonwealth in the sum of 1 dollar per year for the term of the lease and shall comply with Executive Order 193 by mitigating for the term of the lease the loss of state-owned agricultural soils and lands with the commissioner of agricultural resources. Any mitigation for the conversion of state-owned lands having soil types capable of supporting or contributing to present or potential commercial agricultural uses required by any general or special law, regulation or executive order in connection with the lease authorized by this act shall be provided by the town of Shirley at its sole cost and expense and shall not include any other state-owned lands.

SECTION 5. The lease may provide that the town of Shirley and its agents, tenants or contractors agree 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 authorized by this act, and agree to indemnify and defend the commonwealth and its agents and employees from and against any and all such claims, actions, damages or costs.

SECTION 6. The town of Shirley shall be responsible for the costs and expenses, including, but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation related to the lease authorized by this act as such costs may reasonably be determined by the commissioner of capital asset management and maintenance.

Approved August 6, 2008