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Session Law

2010

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Chapter 65 AN ACT AUTHORIZING THE LEASE OF LAND TO YACHT CLUBS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the lease of property used by non-profit yacht clubs and other non-profit organizations operating boating programs, 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 40E to 40I 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, in consultation with the commissioner of conservation and recreation, lease or enter into other agreements for a term not to exceed 30 years with an organization currently operating a yacht club or other boating facility on public park land under the care and control of the department of conservation and recreation for the land and appurtenances associated therewith used by the yacht club or boating organization as shown in existing records of the department. This authorization shall only apply to the following yacht clubs and other boating organizations and facilities: the Union Boat Club in the city of Boston; the Cambridge Boat Club in the city of Cambridge; the Riverside Boat Club in the city of Cambridge; the Buckingham, Browne & Nichols Boat House in the city of Cambridge; the Massachusetts Institute of Technology Boat House in the city of Cambridge; the Belmont Hill/Winsor Boat House in the city of Cambridge; the Tufts University Boat Club in the city of Medford; the Harvard Sailing Pavilion in the city of Cambridge; the Boston University Sailing Pavilion in the city of Boston; the Massachusetts Institute of Technology Sailing Pavilion in the city of Cambridge; the Puritan Canoe Club in the city of Boston; the Neponset Valley Yacht Club in the town of Milton; the Wollaston Yacht Club in the city of Quincy; the Squantum Yacht Club in the city of Quincy; the South Shore Yacht Club in the city of Weymouth; the Charlesgate Yacht Club in the city of Cambridge; the Charles River Yacht Club in the city of Cambridge; the Newton Yacht Club in the city of Newton; the Columbia Yacht Club in the city of Boston; the South Boston Yacht Club in the South Boston section of the city of Boston; the Riverside Yacht Club in the city of Medford; the Medford Boat Club in the city of Medford; the Mystic Wellington Yacht Club in the city of Medford; the Watertown Yacht Club in the city of Watertown; the East Boston Yacht Club in the East Boston section of the city of Boston; the Dorchester Yacht Club in the Dorchester section of the city of Boston; the Boston Harbor Yacht Club in the city of Boston; the Blessing of the Bay Boat House in the city of Somerville; the Winter Hill Yacht Club in the city of Somerville; and the Boston University DeWolfe Boat House in the city of Cambridge. Before entering into a lease or other agreement under this section the commissioner of capital asset management and maintenance shall, in consultation with the commissioner of the department of conservation and recreation, determine the exact boundaries of each parcel after completion of a survey.

There 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, an option for extension of the lease or other agreement for 5 years.

SECTION 2. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law, rule or regulation to the contrary, the leases or other agreements executed under section 1 shall be on terms and conditions and consideration acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation; provided, however, that said lease or other agreement shall provide, without limitation, that: (i) the lessees shall manage, operate, improve, repair and maintain the land and appurtenances associated therewith during the term of the lease; (ii) the lessee shall carry comprehensive general liability insurance naming the commonwealth as a co-insured, protecting the commonwealth against all claims for personal injury or property damage arising from land and appurtenances associated therewith during the term of the lease; (iii) the lessee shall provide appropriate public access to public park land; (iv) the lessee shall be responsible for outreach and stewardship; and (v) the lessee shall not design or construct any facilities on the parcel without the written approval of the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation; provided, however, that the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation shall not approve any design or construction project under this section unless the commissioners have determined that the lessee has sufficient financial resources to complete the project. In determining the consideration for any lease or other agreement pursuant to this section, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall develop a methodology for setting a fair rental payment and with due regard to the criteria used by the department of conservation and recreation for setting existing permit fees for yacht and boating facilities identified in section 1. If a specific lessee does not agree with the rental payment methodology, then the consideration for the lease of that specific parcel shall be the full and fair market value of the parcel as determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, under 1 or more independent professional appraisals contracted by the division.

SECTION 3. The lease or other agreement shall be prepared in accordance with generally accepted real estate principles and policies of the division of capital asset management and maintenance. The inspector general shall review and approve the lease or other agreement, and his review shall include an examination and approval of the methodology used to determine the consideration for each lease. The commissioner shall, 30 days before the execution of a lease or other agreement authorized under this act, submit the lease to the inspector general for review. The inspector general shall prepare a report of the review of the lease or other agreement and consideration of the methodology and file the report with the commissioner of capital asset management and maintenance, the commissioner of conservation and recreation, the house and senate committees on ways and means and the chairmen of the joint committee on state administration and regulatory oversight at least 15 days before the execution of the lease or other agreement. All consideration received under a lease or other agreement executed pursuant to this act shall be deposited in the General Fund.

SECTION 4. Each lessee shall be responsible for all costs and expenses, including, but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation related to the lease or other agreement authorized under this act; provided, however, that the costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 5. Notwithstanding any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the contrary, the procurement of services or to the construction and design of improvements shall not be applicable to a lessee under this act.

SECTION 6. Notwithstanding any other general or special law to the contrary, if a property described in section 1 ceases to be used at any time for the public purposes described in this act, or used for any purpose other than the public purposes stated in this act, the commissioner of capital asset management and maintenance shall give written notice to the lessee of the unauthorized use. The lessee 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 shall terminate.

Approved, April 1, 2010.


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