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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DEPARTMENT OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN LAND IN THE TOWN OF HULL TO THE FRIENDS OF THE PARAGON CAROUSEL, INC.

     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 32 to 37 inclusive, of chapter 7C 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 for a term not to exceed 25 years, 2 parcels of land as described in section 2  to the Friends of the Paragon Carousel, Inc., a nonprofit organization, for nominal consideration to provide for the continued use of the parcels of land known as the “Clock Tower Building” and the Paragon Park carousel in the town of Hull.
     SECTION 2.  The real property leased pursuant to this act shall contain the following 2 parcels:
     (i)  the parcel of land with the “Clock Tower Building” thereon, situated on the easterly side of George Washington boulevard in the town of Hull, bounded and described as follows:
     Beginning at a point of other land of the commonwealth and owners unknown, said point being the southwesterly corner of the herein described premises:
     Thence running N 30°–37′–59″' W, 90.96 feet to a point;
     Thence turning and running S 56°–31′–10″' W, a distance of 52.23 feet to a point;
     Thence turning and running N 27°–03′–37″' W, a distance of 32.61 feet to a point;
     Thence turning and running N 59°–25′–17″' W, a distance of 159.19 feet to a point;
     Thence turning and running S 30°–39′–50″' E, a distance of 119.63 feet to a point;
     Thence turning and running S 58°–45′–41″' W, a distance of 109.16 feet to the point of beginning.
     Containing 14,720 square feet of land more or less; and
    (ii)  a parcel of land situated on the easterly side of George Washington boulevard, the southerly side of Wharf avenue and the westerly side of Nantasket avenue in the town of Hull, bounded and described as follows:
     Beginning at a point on the easterly side of George Washington boulevard at other land of the commonwealth said point being the southeasterly corner of the herein described premises:
     Thence running N 27°–03′–37″' W a distance of 89.64 feet to a point;
     Thence turning and running by a curve to the right with a radius of 25.26, a distance of 38.39 feet to a point;
     Thence running N 60°–00′–00″' E a distance of 122.34 feet to a point;
     Thence turning and running S 29°–15′–07″' E a distance of 111.94 feet to a point;
     Thence turning and running S 59°–25′–17″' W a distance of 150.69 feet to the point of beginning;
     Containing 16,720 square feet of land more or less.
     SECTION 3.  No lease of the property described in section 2 shall be valid unless such lease provides that the property shall be used only for purposes which relate to the operation of a carousel, including: (i) sales office, snack bar, or shops selling or distributing material appropriate to the environment of the carousel and promotion of the area; (ii) storage of materials and equipment supporting the carousel and related activities; (iii) offices for management, bookkeeping and administration of the carousel and related activities; (iv) a museum; and (v) educational training workspace.
     SECTION 4.  Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the leases or other agreements executed under this act shall be on terms and conditions acceptable to the commissioner of  capital asset management and maintenance after consultation with the commissioner of  conservation and recreation; provided, however, that any such lease or other agreement shall provide, without limitation, that: (i) the term of the lease shall be for 25 years; and (ii) the property described in section 2 shall be leased for the nominal consideration of $1 per annum. The commissioner of capital asset management and maintenance shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in section 1.  The commissioner of capital asset management and maintenance shall place notice of the conveyance in the central register, which shall include the amount of the transaction and the difference between the calculated value and the price received.
     The Friends of the Paragon Carousel, Inc. shall pay all costs and expenses of the transactions authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any surveys, all costs, liabilities and expenses of any nature and kind related to the development, maintenance, use and operation of the leased premises and the operation costs for the portion of the parcels set aside for use by the commonwealth.
     SECTION 5.  Notwithstanding any other general or special law to the contrary, if the property described in section 2 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, August 9, 2016