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The 191st General Court of the Commonwealth of Massachusetts


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. (a) Notwithstanding any general or special law to the contrary, Parcel B on a plan of land entitled “Town of Sandwich Acquisition of Verbon Trust Property,” dated March 1, 1999 by Outback Engineering, Inc., 321 West Grove Street, Middleborough, Mass. and recorded with the Barnstable county registry of deeds in plan book 551, page 32, may be used for water supply and water protection purposes and for active recreational purposes including, but not limited to, active recreational fields and facilities and a golf course; provided, however, that the board of selectmen may lease such recreational fields and facilities for recreational purposes. The lease may be a ground lease of the land only or it may provide for the finance, design and construction of a facility for active recreational use. The lease may be for such term of years and subject to such terms and conditions as the town manager and the board of selectmen deem appropriate.
(b) A request for proposals for the lease authorized in this act shall specify the method for comparing proposals to determine the proposal offering the lowest overall cost to the town including, but not limited to, all capital financing. If the town awards a lease to an offeror who did not submit the proposal offering the lowest overall cost, the town shall explain the reason for the award in writing.
(c) Notwithstanding the competitive bid requirements set forth in sections 38A½ to 38O, inclusive, of chapter 7 of the General Laws, section 39M of chapter 30 of the General Laws or sections 44A to 44M, inclusive, of chapter 149 of the General Laws, but subject to section 16 of chapter 30B of the General Laws, an active recreational facility may be constructed under a lease awarded pursuant to this act.
(d) Notwithstanding any general or special law to the contrary, a lease awarded under this act may include an option or a right of first refusal for the town to acquire the active recreational facility upon termination of the lease. An option or right of first refusal shall be at the sole discretion of the town in accordance with the original terms and conditions set forth in the request for proposals or terms and conditions more favorable and acceptable to the town. A lease entered into pursuant to this act may provide that the town shall not be exempt from liability for payment over the term of the lease of the costs to finance, design and construct the active recreational facility.

SECTION 2. This act shall take effect upon its passage.

Approved, April 8, 2011.