Session Laws

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 the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized, in consultation with the inspector general, subject to section forty J of chapter seven of the General Laws, to execute and deliver in the name and on behalf of the commonwealth one or more instruments to lease the property under the jurisdiction and control of the metropolitan district commission now known as the Ponkapoag Outdoor Center and situated in the Blue Hills Reservation in the town of Canton, to any and all public and private entities, organizations and institutions as deemed appropriate by said commission, for a rental period not to exceed thirty years, for recreational, educational and all other purposes consistent and compatible with the protection, restoration, preservation, enhancement, use and enjoyment of said property by the public, and the operation of the Ponkapoag Outdoor Center or any other facility to be established within the metropolitan parks district at said property, said property being a portion of that property shown on a plan entitled "United States Department of the Interior National Park Service Cooperating with the Commonwealth of Massachusetts Metropolitan District Commission, Blue Hills Reservation Base Map", dated April 1917, which plan is on file with said commission, the more exact location and configuration of the property or properties to be leased to be shown on a plan or plans of land to be surveyed and prepared at the sole expense of the lessee or lessees in conjunction with transfers permitted by this act. No lease or leases shall be executed by said commission, unless it contains a declaration by the lessee or the lessees therein, that it is a private, public, or nonprofit entity, organization, or institution expressly recognized as having programs for the advancement and protection of the environment and benefit of youths.

The commission shall provide the clerk of the house of representatives, who shall forward copies to the joint committee on state administration of the general court and the inspector general of the commonwealth, a copy of any such lease at least twenty business days prior to the execution thereof by said commission. The inspector general shall review and make recommendations within fifteen business days of the receipt of any such lease and a copy of said review and any such recommendations thereon shall thereupon be forwarded to said clerk. Any such lease, when executed by the commission, shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with the provisions of this act. The commissioner of the metropolitan district commission from time to time is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of any such lease for recording and any and all other agreements and instruments related to any such lease authorized hereunder. Any lease authorized by this act shall not be valid unless it contains a certification by the commissioner that a competitive proposal process developed with the inspector general pursuant to this section, has been implemented and followed.

A lease executed by the commission, shall contain a declaration by the lessee therein, that it is a private, public or nonprofit entity, organization or institution expressly recognized for and with a proven record of commitment to the advancement and protection of the environment.

A lease authorized hereunder shall provide that all capital improvements to the leased premises shall become the property of the commonwealth upon termination of same, without payment of compensation of any kind by the commonwealth. A lease authorized hereunder shall provide that the commonwealth may repossess the leased premises if payment of the rent or any other sum is not timely paid, or if the lessee otherwise defaults and that notwithstanding such default, the lessee will continue to owe rent and any other sums due the commonwealth under the provisions of such lease. The lessee shall carry comprehensive general and public liability insurance, with the commonwealth as co-insured, protecting the lessee and the commonwealth against personal injuries and property damage occurring on said leased premises or within any structure or building thereon, and such fire and extended risk insurance as deemed appropriate by the commission.

No lease other than that provided for by this section, nor any sale, transfer, conveyance or other disposition of said land and buildings, exclusive of access and utilities easements for park operations, may be made without the prior approval of the general court.

All payments, proceeds and other sums received by the metropolitan district commission under the leases and agreements authorized hereunder, shall be deposited in the Metropolitan Parks Trust Fund for the benefit of the Blue Hills reservation.

SECTION 2. All transfers of interest authorized by this act, shall be subject to such terms and conditions as prescribed by the metropolitan district commission, and all costs, fees and expenses relating to such transfers, including appraisal and survey costs, shall be paid in full by the lessee or recipient of such interest in each transaction.

SECTION 2A. In the event that the lease terms outlined in section one and two of this act are not met, as determined by the metropolitan district commission, by the lessor of the property, said property and any interests therein shall revert to the commonwealth upon such terms and conditions as the commissioner of the division of capital planning and operations, in consultation with said commission, may determine.

SECTION 3. This act shall take effect upon its passage.