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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF LYNN TO THE NEIGHBORHOOD DEVELOPMENT ASSOCIATES, INC.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the transfer of a certain parcel of land for the purposes of providing services to veterans, 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:

(a) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey a certain parcel of land in the city of Lynn to the Neighborhood Development Associates, Inc. for nominal consideration to provide services to veterans. The parcel contains approximately 0.68 acres and is located at 38 South Common street. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. 

(b) The use of the parcel to be conveyed pursuant to subsection (a) shall be restricted to the provision of veterans programs and services, which may include veterans housing. Notwithstanding the foregoing or any general or special law to the contrary, Neighborhood Development Associates, Inc. may lease the parcel or portions thereof to other entities and enter into agreements with other entities to develop, construct, operate and maintain improvements related to the provision of veterans services on the parcel.

(c) The deed or other instrument conveying the parcel to Neighborhood Development Associates, Inc. shall provide that the parcel shall be used solely for the purposes described in this act and shall include a reversionary clause that stipulates that if the parcel ceases at any time to be used for the purposes set forth in this act, title to the parcel shall, at the election of the commonwealth, revert to the commonwealth. 

(d) Notwithstanding any general or special law to the contrary, Neighborhood Development Associates, Inc. shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcel and all costs, liabilities and expenses for its ownership. Neighborhood Development Associates, Inc. shall acquire the property thereon in its present condition.

(e) If Neighborhood Development Associates, Inc. does not complete a purchase of the property described in this act on or before January 31, 2019, then, notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may sell, lease for terms up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property or portions thereof, subject to this act and on such terms and conditions as the commissioner considers appropriate. In making any such disposition, the commissioner shall use appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the property or any portion thereof are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals, and such other information as the commissioner considers relevant.

 

Approved, August 9, 2018.