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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE A CERTAIN PARCEL OF LAND IN THE TOWN OF SOUTHBOROUGH

     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, in consultation with the commissioner of conservation and recreation, shall lease a certain parcel of land and any improvements thereon, which is currently under the control of the department of conservation and recreation, to the town of Southborough for a period of not less than 15 years, for its continued use as a multipurpose recreational field by the town. The parcel, being a portion of the property identified in the deed to the commonwealth recorded at the Worcester county registry of deeds in book 1495, page 245, is generally located northeast of Marlboro road on the easterly side of Acre Bridge road and commonly known as the 9/11 Memorial Field.  The exact boundaries of the property to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, after completion of a survey.  The lease agreement authorized by this section shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of conservation and recreation. The annual consideration for said lease shall be equal to the annual amount owed to the town of Southborough pursuant to section 5G of chapter 59 of the General Laws based on the amount that the town would receive in taxes upon the fair cash valuation of the parcel. The annual consideration shall be retained by the department of conservation and recreation in account number 2882-1441 and used by the department to offset payments under said section 5G of said chapter 59.  The commissioner of capital asset management and maintenance shall place a notification in the central register of the lease and the amount of the transaction.
     SECTION 2.  If for any reason the property leased as described in section 1 ceases to be used solely as a multipurpose recreational field, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, shall terminate the lease. If the lease is terminated, the property shall revert to the commonwealth under the care and control of the department of conservation and recreation.
     SECTION 3.  Notwithstanding any general or special law to the contrary, the lease agreement authorized in section 1 shall provide for the town of Southborough to manage, operate, improve, repair and maintain the leased property and any improvements thereon for the term of the lease and shall also provide for continuing public access to the property described in said section 1; provided, however, that all management, operation, improvements, repairs, maintenance and public access shall be under conditions acceptable to the commissioner of conservation and recreation.
     SECTION 4.  The lease agreement authorized in section 1 may provide that the town of Southborough and its agents, tenants or contractors agree to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed for injuries or damages to persons or property arising out of or in any way relating to the lease so authorized and agree to indemnify and defend the commonwealth and its agents and employees from and against all such claims, actions, damages or costs.
     SECTION 5.  The town of Southborough shall be responsible for the costs and expenses related to the lease agreement authorized in section 1 including, but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation as such costs may reasonably be determined by the commissioner of capital asset management and maintenance.

Approved, February 4, 2016.