HOUSE DOCKET, NO. 94300        FILED ON: 10/28/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4300

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act authorizing the division of capital asset management to convey, lease and grant easements with respect to certain land in the town of Uxbridge..

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 40F to 40J of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the secretary of the Massachusetts department of transportation, may lease, for the purposes described below, certain parcels of land and any improvements located thereon, upon terms and conditions as the commissioner of capital asset management and maintenance determines to be in the best interest of the commonwealth and in no event for a term of longer than 50 years, to KGI Properties, LLC or its designee; may convey a fee interest in a certain parcel of land and any improvements located thereon to KGI Properties, LLC or its designee; and may convey to the town of Uxbridge certain temporary and permanent easements for utility purposes. 

The first parcel to be leased, known as the northbound rest area on route 146, is located on the northbound side of route 146 and contains approximately 7.59 acres.  The second parcel to be leased, known as the southbound rest area on route 146, is located on the southbound side of route 146 and contains approximately 11.98 acres.  The parcel to be conveyed in fee is located on the eastbound side of route 16, at the intersection of route 16 and route 146 southbound and contains approximately 9.49 acres.  The exact boundaries of each of the 3 parcels and the temporary and permanent easements shall be established prior to such conveyance by a survey approved by the commissioner of capital asset management and maintenance. 

Notwithstanding any general or special law to the contrary, the permitted uses under the leases shall be such uses as rest areas open to the public for motorists traveling on route 146, and may include restrooms, restaurants, gasoline service stations and such other uses deemed acceptable to the Massachusetts department of transportation. If at any time the property ceases to be used for the purposes described in this section, the commissioner 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 of the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall terminate and any further disposition of the property shall be subject to chapter 7 of the General Laws.

SECTION 2.   The consideration for the parcel to be conveyed in fee shall be the full and fair market value of such parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal.  The rental for the leases shall be the full and fair market rental value of the parcels to be leased as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal.

SECTION 3.   Contemporaneously with the conveyance authorized in section 1, Uxbridge Woods Realty Trust shall convey to Massachusetts department of transportation a certain parcel of land located on Pond Street in the town of Uxbridge, which is shown on the town of Uxbridge Assessor's Map 28 as lot 3163. The grantee of the fee parcel and the lessee of the leasehold parcels shall be entitled to credits against the consideration for the conveyance and the rental under the leases in an aggregate amount equal to the full and fair market value of the parcel to be conveyed by Uxbridge Woods Realty Trust to the Massachusetts department of transportation, as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal. The grantee of the fee parcel and the lessee of the leasehold parcels shall be entitled to credits against the consideration for the conveyance and the rental under the leases in an aggregate amount equal to the full and fair market value of any construction provided by KGI Properties, LLC of facilities for use by the Massachusetts department of transportation as determined by the commissioner of capital asset management and maintenance. Any construction provided by KGI Properties, LLC shall not be subject to the provisions of sections 44A to 44J, inclusive, of chapter 149 of the General Laws, or any other public construction procurement law; provided further that KGI Properties, LLC shall not design or construct any facilities on the parcel without the written approval of the commissioner of the division of capital asset management and maintenance and the secretary of the Massachusetts department of transportation; provided further that said commissioner and said secretary shall not approve any design or construction project pursuant to this section unless said commissioner and said secretary have determined that KGI Properties, LLC has: (i) sufficient financial resources to complete the project; and (ii) obtained insurance protecting the commonwealth as specified by said commissioner and said secretary; provided further that prior to said approval all agreements shall include a requirement that the performance of, and payment for, improvements to the parcels shall be fully covered by bonds issued by bonding companies authorized to issue bonds in the commonwealth as determined by said commissioners; provided further that KGI Properties, LLC has met any other terms and conditions to ensure completion of the public facilities in a timely manner; and provided that KGI Properties, LLC shall pay prevailing wage in accordance with sections 26 and 27 of chapter 149 of the General Laws in connection with any such construction.

SECTION 4.  Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisals contemplated by sections 1 and 2 and the review shall include an examination of the methodology utilized for the appraisal. Within 30 days of receiving the appraisal, the inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets but no later than 15 days before the execution of any agreement or other document relating to the lease.

SECTION 5.   Notwithstanding any general or special law to the contrary, the grantee of the fee parcel and the lessee of the leasehold parcels shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, deed preparation, easement preparation and lease preparation related to the conveyance, leases and grant of easements authorized pursuant to this act as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, the town shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.