SENATE DOCKET, NO. 2552        FILED ON: 9/5/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2352

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael D. Brady

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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 authorizing the division of capital asset management and maintenance to dispose of certain parcels of land in the city of Brockton.

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PETITION OF:

SENATE DOCKET, NO. 2552        FILED ON: 9/5/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2352

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 authorizing the division of capital asset management and maintenance to dispose of certain parcels of land in the city of Brockton.

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 Massasoit Community College, may: (i) sell; (ii) lease for a term 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 parcels described in subsection (b) or any portion thereof along with the buildings located thereon; provided, however, that the city of Brockton shall have the first option to purchase the parcels or any portion thereof pursuant to subsection (c).

(b) The parcels of land located at 770 and 782 Crescent street in the city of Brockton, containing 6.8 acres, more or less, known as the conference center parcels and the Christo’s parcels and acquired by the commonwealth by deeds recorded in the Plymouth registry of deeds in book 44364, page 232, book 44365, page 55 and book 44364, page 240 and on certificate of title number 91614 in document number 411879; provided, however, that the exact location and boundaries of the parcels or portions thereof to be conveyed shall be determined by the commissioner after completion of a survey.

(c) No portion of the parcels shall be disposed of unless: (i) the commissioner first offers in writing to convey the parcels to the city of Brockton for an amount not less than the fair market value of the parcels; and (ii) the offer is: (A) not accepted within 30 days of the offer being made; (B) refused by the city; or (C) accepted but the city does not complete its purchase of the parcels within 3 months after the date the city accepts the offer. The consideration for the parcels or portions thereof shall be the full and fair market value of the parcels or portions thereof to be acquired by the city as determined by the appraisal completed pursuant to subsection (g).

(d) The commissioner, in consultation with the Old Colony Planning Council, shall, for no consideration, convey to the city any portion of the parcels necessary for improving vehicle access to the entrance to Massasoit Community College. The exact location and boundaries thereof shall be determined by the commissioner after completion of a survey.

(e) The commissioner shall use appropriate competitive bidding processes and procedures when making any disposition under this act. Not less than 30 days before the date on which bids, proposals or other offers to purchase the parcels 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: (i) the availability of the property; (ii) the nature of the competitive bidding process; (iii) the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals; and (iv) other information that the commissioner deems 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.

(f) A public meeting to consider the reuse of the parcels may be conducted by the department of planning and economic development of the city of Brockton.

(g) An independent appraisal to determine the fair market value of a parcel or any portion thereof subject to sale, lease, transfer or other disposition pursuant to this act shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the division of capital asset management and maintenance.

(h) The inspector general shall review and approve any independent appraisal conducted pursuant to subsection (g). The review and approval shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report on the review and approval 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 commissioner shall submit copies of the appraisal, the report thereon and the inspector general's review and approval, along with comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight before the execution of an instrument pursuant to this act.

(i) Any purchase and sale agreement, lease or other document relating to the sale, lease, transfer or other disposition of the parcels or any portion thereof pursuant to this act shall provide that the commonwealth, including, but not limited to, Massasoit Community College and the division, 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.

(j) A deed of conveyance from the commissioner, in consultation with the president of Massasoit Community College, may retain or grant rights of way or easements for access, egress, utilities and drainage across any other portions of the property and the commonwealth may accept from the purchaser such rights of way or easements in roadways or across any portions of the property to be conveyed or transferred for access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this act.

(k) The purchaser of the parcels or any portion thereof pursuant to this act shall be responsible for all costs and expenses related to the purchase, lease or transfer of the property, including, but not limited to, costs associated with a survey, appraisal, deed preparation and recording fees as such costs may be determined by the commissioner.

(l) No agreement for the sale, lease, transfer or other disposition of the parcels or any portion thereof 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: “I, the undersigned commissioner of capital asset management and maintenance, hereby certify under the 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.”

(m) The cash proceeds of the sale of the parcels or any portion thereof shall be deposited into an expendable trust established on behalf of Massasoit Community College pursuant to section 6 of chapter 6A of the General Laws and 801 CMR 50.00. Proceeds in the trust may first be expended for any transaction-related expenses and expenses incurred by the division, including, but not limited to, appraisals, surveys, deed preparation, site preparation, plans, recording fees, smart growth review and feasibility, other marketing studies and any other expenses relating to the disposition of the parcels to the extent not paid for by the purchaser pursuant to subsection (k). All remaining funds deposited into the trust may be expended for capital repairs and improvements to facilities on the campus of Massasoit Community College, including, but not limited to, the renovation of academic buildings, as determined by the commissioner and the president of Massasoit Community College and approved by the secretary of administration and finance.