AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY IN THE TOWN OF GREAT BARRINGTON.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize a lease of certain land for telecommunications purposes, 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. Notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may lease for an initial term of 5-years together with an option to renew for 2 additional 5-year terms and pursuant to such additional terms and conditions as the commissioner may prescribe in consultation with the department of conservation and recreation, a certain parcel of state-owned land in the town of Great Barrington to Century Berkshire Cable Corp. The parcel, the exact boundaries of which shall be established before such conveyance by a survey commissioned by said commissioner, is located on East Warner Mountain in the town of Great Barrington; provided, however, that any lease shall contain the restriction required pursuant to section 2 of this act. The consideration for said lease shall be the full and fair market value as determined by the commissioner of capital asset management, in consultation with the commissioner of conservation and recreation pursuant to an independent professional appraisal.
SECTION 2. Notwithstanding any general or special law to the contrary, the parcel described in section 1 of this act shall be leased subject to a restriction limiting the use of the parcel to cable television and other video and non-video communications activities. If the property ceases to be used for the purposes described in this section, the commissioner shall give written notice to Century Berkshire Cable Corp. of the unauthorized use. Century Berkshire Cable Corp., shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall terminate and any further disposition of the property shall be subject to chapter 7 of the General Laws.
SECTION 3. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 1 and the review shall include an examination of the methodology utilized for the appraisal. Within 30 days of receiving the appraisal, the inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report but no later than 15 days before the execution of any agreement or other document relating to the lease, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets.
SECTION 4. Notwithstanding any general or special law to the contrary, Century Berkshire Cable Corp. shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this act as such costs may be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation. Upon conveyance of the parcel, Century Berkshire Cable Corp. shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.
SECTION 5. The lessee shall pay the commonwealth the full and fair market value of the property as described in section 1, or its value in use as proposed, whichever is greater, as determined by an independent appraisal.
Approved August 7, 2008