Bill H.3905

HOUSE DOCKET, NO. 4091 FILED ON: 2/11/2014

HOUSE . . . . . . . . . . . . . . . No. 3905

By Mr. Costello of Newburyport, a petition (subject to Joint Rule 12) of Michael A. Costello and Kathleen O'Connor Ives for legislation to authorize the commissioner of the Division of Capital Asset Management and Maintenance to grant easements and lease agreements to certain land and property in the city of Haverhill. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the granting of easements at Northern Essex Community College in the city of Haverhill.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to grant forthwith certain easements over portions of the Northern Essex Community College campus in Haverhill to Opportunity Works, Inc., 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:

SECTION 1. Notwithstanding any general or special law to the contrary, as used in this act the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“College”, Northern essex community college.

“College campus”, northern essex community college’s campus located in the city of Haverhill.

“Commissioner”, the commissioner of the division of capital asset management and maintenance.

“Division”, the division of capital asset management and maintenance.

“Opportunity Works”, Opportunity Works, Inc., a Massachusetts not-for-profit corporation formerly known as Greater Newburyport Opportunities, Inc., and its tenants, licensees, successors and assigns,

“Opportunity Works property”, the parcel of land known and numbered as 667 Kenoza street in Haverhill, located adjacent to the campus of the college.

“President”, the president of Northern essex community college

SECTION 2. (a) Notwithstanding any general or special law to the contrary, but subject to section 38 of chapter 7C of the General Laws, the commissioner, on behalf of and in consultation with the president, may grant easements over portions of the college campus to Opportunity Works as follows:

(i)for the purposes of constructing, maintaining, repairing and replacing a driveway and parking lot within the area marked as “proposed access, parking and utility easement” as shown on a plan entitled “Opportunity Works site layout plan” on file with the division;

(ii)for the purposes of installing, maintaining, repairing and replacing underground electrical lines within the area marked as “20’ wide utility easement” as shown on a plan entitled “easement plan” on file with the division;

(iii)for the purposes of installing, maintaining, repairing and replacing sewer lines to connect the Opportunity Works property with existing sewer lines on the college campus within the area marked as “utility easement” as shown on a plan entitled “easement plan” on file with the division; and

(iv)to use roads now or hereafter located on the campus for vehicular and pedestrian access and egress to the Opportunity Works property.

(b) The exact boundaries of the easements described in subsection (a) shall be determined by the commissioner, in consultation with the president, after completion of an independent professional appraisal and survey; provided, however, that any deed conveying said parcel shall contain the restrictions required pursuant to subsection (c). The consideration for the easement shall be the right of the college to access and utilize the above referenced underground electrical and sewer lines, the right to enter into leases of space in any building now or hereafter located on the Opportunity Works property pursuant to section 3 and the right of first refusal established pursuant to section 5.

(c) The grants of easement or other agreements pertaining to the easements described in subsection (a) shall include, without limitation, the following conditions:

(i) a reservation, in perpetuity, for the college to use the driveway and parking lot described in clause (i) of subsection (a);

(ii) a reservation, in perpetuity, for the college to connect to the underground electrical lines in the easement described in clause (ii) of subsection (a) for the purposes of providing lighting for the college’s athletic fields and other facilities; and

(iii) language requiring that Opportunity Works: (a) construct the driveway and parking lot identified in clause (i) of subsection (a) in a good and workmanlike manner; (b) install the utilities identified in clause (ii) of subsection (a) in a good and workmanlike manner; (c) repair and repave any road areas disturbed or damaged as a result of the installation or maintenance, repair or replacement of the parking lot or utility lines; (d) utilize the easement solely for the purposes set forth in subsection (a) as determined by the commissioner.

(d) Opportunity works shall not convey, assign or otherwise transfer their rights to the easements specified in this act without the express written approval of the commissioner and the president. If the easements cease to be used or are used for any purposes, other than those specified in this act, the commissioner may, after notice and an opportunity to cure, terminate one or more of the easements, and such other terms and conditions as the commissioner, in consultation with the president of the college, deems appropriate.

(e) The easements shall be granted without warranties or representations by the commonwealth.

SECTION 3. Notwithstanding any other general or special law to the contrary, but subject to section 38 of said chapter 7C, the commissioner, on behalf of and in consultation with the president of the college, may enter into one or more leases of space in any building now or hereafter located on the Opportunity Works property on such terms and conditions as the commissioner, in consultation with the president of the college, deems appropriate.

SECTION 4. Notwithstanding any general or special law to the contrary, the provisions of sections 43 to 57, inclusive, of chapter 7C and sections 44A to 44J, inclusive, of chapter 149 of the General Laws, and any other general or special law relating to the advertising, bidding or award of contracts, or to the procurement of services or to the construction and design of improvements on commonwealth property shall not be applicable to construction undertaken by Opportunity Works within the easements described in section 2 or to build out any space leased by the college pursuant to section 3, except that the design of and plans and specifications for any such improvements to be constructed by the lessee shall be subject to the review and approval of the commissioner and the president of the college.

SECTION 5. Notwithstanding any general or special law to the contrary, but subject to section 38 of said chapter 7C, the commissioner, on behalf of the college, shall have the right of first refusal to purchase, lease or otherwise acquire an interest in the Opportunity Works property in the event that Opportunity Works intends to sell, lease, convey or otherwise transfer all or any portion of the Opportunity Works property. If Opportunity Works intends to sell, lease, convey or otherwise transfer all or any portion of the Opportunity Works property Opportunity Works shall provide written notice of such intent to the commissioner and the president of the college. Such notice shall include, without limitation, a description of the portion of the Opportunity Works property which Opportunity Works intends to sell, lease, convey or otherwise transfer. The commissioner, in consultation with the president of the college, shall have not less than 90 days to notify Opportunity Works that the commissioner intends to acquire the property for a purchase price to be determined by independent appraisal. If the commissioner does so notify Opportunity Works that the commonwealth intends to acquire the property, the commissioner shall have not less than 90 days from the date of its notice to complete the purchase.

SECTION 6. Notwithstanding any general or special law to the contrary, Opportunity Works

shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this act as such costs may be determined by the commissioner. Upon conveyance of the easements, Opportunity Works shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the easements.

Name:	District/Address:	Date Added:
Michael A. Costello	1st Essex	2/11/2014
Kathleen O'Connor Ives	First Essex	2/12/2014