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  • Acts
  • 2010
  • Chapter 280 AN ACT AUTHORIZING THE LEASING OF A CERTAIN PARCEL OF LAND OWNED BY THE DEPARTMENT OF CONSERVATION AND RECREATION IN THE TOWN OF HINGHAM.

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 but subject to section 40J of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease to the Massachusetts Bay Transportation Authority within the mass transit division of the Massachusetts Department of Transportation for a term, including extensions, not to exceed 99 years, a portion of a certain parcel of land owned by the former department of environmental management, now the department of conservation and recreation, and used for conservation and recreation purposes in the town of Hingham, commonly known as the Hingham Shipyard, said parcel being shown on a plan on file at the Massachusetts Land Court, at Certificate No. 66482, Book 332-82, Document No. 213561. The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, based upon a survey prepared in accordance with section 5.

SECTION 2. A lease agreement entered into by the commissioner of capital asset management and maintenance pursuant to this act shall provide that the parcel shall be used solely for the construction and operation of a ferry terminal intermodal transportation center at the Hingham Shipyard, which center shall be used for transportation services and ferry services, for administrative and office uses with respect to the Massachusetts Bay Transportation Authority, for administrative and office uses relating to public ferry access to the Harbor Islands state park, visitors center and marine transportation maintenance and support with respect to the department of conservation and recreation and the environmental police, office space for the harbormaster of the town of Hingham and such other accessory uses directly related to the purposes identified in a memorandum of agreement entered into by and between the division of capital asset management and maintenance, the department of conservation and recreation and the Massachusetts Bay Transportation Authority dated May 18, 2009. The lease agreement shall also comply in all respects with the terms and conditions of the memorandum of agreement and shall also provide that if the parcel ceases to be used for the purposes described in this act, the commonwealth may terminate the lease under such terms and conditions as the lease may prescribe. The lease agreement shall also provide by reservation or otherwise, that the department of conservation and recreation shall retain the right to use space within the ferry terminal intermodal center for administrative purposes. The specifications for said office space shall be determined by the department of conservation and recreation, the Massachusetts Bay Transportation Authority and the division of capital asset management and maintenance.

SECTION 3. In consideration for the lease authorized in section 1, the Massachusetts Bay Transportation Authority’s shall construct the ferry terminal intermodal transportation center and the Authority shall be responsible for all costs and expenses associated with the planning, design, permitting and construction of the center. The authority shall be the sole owner of its leasehold interest in the ferry terminal intermodal center and shall be allowed to occupy the land and maintain ferry service at the Hingham Shipyard for the leased term, as provided in the memorandum of agreement. The lease agreement shall also include coterminous rights to the ferry docking system for the Massachusetts Bay Transportation Authority, the department of conservation and recreation, the environmental police and the harbormaster of the town of Hingham.

SECTION 4. The lease authorized in this act shall be on such other terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the Massachusetts Bay Transportation Authority and the department of conservation and recreation, deems appropriate.

SECTION 5. The Massachusetts Bay Transportation Authority shall be responsible for procuring all work including, without limitation, legal services, surveys, title and the preparation of plans and specifications as deemed necessary or appropriate and as memorialized in the memorandum of agreement described in section 2 and shall pay all costs and expenses therefor. The Authority shall also be responsible for all costs, liabilities and expenses of any kind for the development, construction, improvement, repair, maintenance, management and operation of the ferry terminal intermodal center and the costs for the ordinary maintenance of the leased premises shall be apportioned as set forth in the memorandum of agreement.

Approved, August 9, 2010.