HOUSE DOCKET, NO. 3211        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2791

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul F. Tucker

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act directing the division of capital asset management to convey certain parcels of land in Salem.

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PETITION OF:

HOUSE DOCKET, NO. 3211        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2791

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act directing the division of capital asset management to convey certain parcels of land in Salem.

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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the president of Salem state, may: (i) sell; (ii) lease for terms of not more than 99 years, including all renewals and extensions; or (iii) otherwise grant, convey or transfer to purchasers or lessees an interest in the following properties, subject to this act and on such terms and conditions that the commissioner may require:

(1)the property known as South Campus. The property is more particularly described in two sections covering a total of 22.35 acres: Lower and Upper South Campus. Lower South Campus (11 Harrison Road, Salem, MA and 20-32 Harrison Road, Salem, MA) and Upper South Campus (262 Loring Avenue, Salem, MA), in a deed recorded in the Southern Essex District Registry of Deeds in book 5933, page 575, provided, however, that the exact location and boundaries of South campus or portions thereof to be conveyed shall be determined by the commissioner after completion of a survey, in consultation with the university.

(2)the property located at 8 Harrison Road, Salem, MA, covering 0.3 acres. The property is more particularly described in a deed recorded in the Southern Essex District Registry of Deeds registry of deeds in book 5933, page 573; provided, however, that the exact location and boundaries of the property or portions thereof to be conveyed shall be determined by the commissioner after completion of a survey, in consultation with the university.

The commissioner shall use appropriate competitive bidding processes and procedures when making any disposition pursuant to this subsection. Not less than 30 days before the date on which bids, proposals or other offers to purchase 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, the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and other information that the commissioner considers relevant. The commissioner shall also place notification in the central register of the individual or firm selected as party to any real property transaction involving the property and the amount of the transaction.

(b) Any purchase and sale agreement, lease or other document relating to the sale, lease, transfer or other disposition of the property or any portion thereof shall provide that the commonwealth, including, but not limited to, Salem State University and the division of capital asset management and maintenance, shall have no liability to any purchaser, lessee, transferee or successor to any purchaser, lessee or transferee of all or part of the property for any claims arising out of or related in any way to the conditions, known or unknown, of the property or otherwise in connection with any sale, lease, transfer or other disposition thereof.

(c) In the sale of the property or any portion thereof pursuant to this act, the commissioner of capital asset management and maintenance, in consultation with the president of Salem State University, may retain or grant rights of way or easements for access, egress, utilities and drainage across any other portions of South Campus and the commonwealth may accept from the purchaser such rights of way or easements in roadways or across any portions of the South Campus to be conveyed or transferred for access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this section.

(d) The purchaser, lessee or transferee of any portion of the South Campus pursuant to this act shall be responsible for all costs and expenses related to the purchase, lease or transfer of said property including, but not limited to, costs associated with surveys, deed preparation and recording fees as such costs may be determined by the commissioner of capital asset management and maintenance.

(e) No agreement for the sale, lease, transfer or other disposition of the property or any portion thereof pursuant to this act and no deed, lease or other document executed by or on behalf of the commonwealth shall be valid unless the agreement or deed contains the following certification, signed by the commissioner of capital asset management and maintenance: “I, the undersigned commissioner of capital asset management and maintenance, hereby certify under penalties of perjury that I have fully complied with the relevant provisions of all general and special laws in connection with the property described in this document.”

(f) The cash proceeds of the sale, lease, transfer or other disposition of the property or portions thereof pursuant to subsection (a) shall be deposited into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and 801 CMR 50.00, solely for the use of Salem State University, and may be expended for: (i) any transaction-related expenses and expenses incurred by the division of capital asset management and maintenance including, but not limited to, costs associated with the disposition of the property from which the funds originated, including, but not limited to, appraisals, surveys, deed preparation, site preparation, plans, recording fees, smart growth review and feasibility and other marketing studies and any other expenses relating to the disposition of the property, to the extent not paid for by the grantee pursuant to subsection (d), and, (ii) for capital projects and improvements to facilities on the campus of Salem State University, as determined by the commissioner of capital asset management and maintenance and the president of Salem State University and approved by the secretary of administration and finance.