HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4387

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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By striking out all after the enacting clause and inserting in place thereof the following:–
 

SECTION 1. Notwithstanding sections 32 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, on behalf of and in consultation with the commissioner of conservation and recreation and the secretary of transportation, may dispose, sell and convey by deed and other associated agreements, and pursuant to such addition terms and condition as the commissioner of capital asset and management and maintenance may prescribe, a portion of a certain parcel of land in the city of Cambridge that is currently used by the department of conservation and recreation as a temporary operations and maintenance facility. The portion to be disposed of is located on a parcel of land owned by the commonwealth on the extension of North Point boulevard and is bounded by the John F. Gilmore bridge or Charlestown avenue, an un-named service road and the Prison Point pumping station operated by the Massachusetts Water Resources Authority and is covered, in part, by elevated highway ramps for interstate highway route 93. The exact location and boundaries of the portion of the parcel to be conveyed and the portion of the parcel to be public open space pursuant to section 3 shall be determined by the commissioner of capital asset management and maintenance in consultation with the the department of conservation and recreation after the completion of a survey.  The conveyance shall be at a purchase price equal to or greater than the full and fair market value of the fee interest as determined by an independent appraisal.

SECTION 2. As a condition of the conveyance authorized in section 1, the secretary of energy and environmental affairs shall determine that appropriate arrangements have been made in any request for proposals for the replacement of the operations and maintenance facility of the department of conservation and recreation now located on the parcel.

SECTION 3. As a further condition of the conveyance authorized in section 1, the commissioner of capital asset management and maintenance may enter into an easement, deed restriction, covenant or other similar agreement enforceable by the city of Cambridge, dedicating a portion of the parcel as public open space and authorizing the land to be included with the land to be conveyed as a single development parcel pursuant to the zoning ordinances of the city; provided, however, that the portion of the parcel dedicated as open space shall be permanently held and managed for conservation and recreation purposes; and provided further, that to ensure a no-net loss of lands for natural resource and public open space purposes, the grantee of the parcel shall enter into a memorandum of understanding with the department of conservation and recreation, conveying land, providing funding or providing public recreational opportunities for conservation and recreation. In determining an appropriate contribution to the commonwealth to address the policy of no-net loss, the department shall take into account the value of any new public green space and park improvements funded and constructed by the grantee of the parcel on said parcel.

SECTION 4.Any disposition and sale of the parcel shall be made by the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, through an open and competitive request for proposals as determined appropriate by the division. The inspector general shall review and approve the request for proposals. The inspector general shall prepare a report of the review and approval of the request for proposals and file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.

The grantee shall be responsible for all costs associated with any appraisal, survey or other expense incurred by the commonwealth relating to the conveyance authorized by this act as the costs may be determined by the commissioner of capital asset management and maintenance.