HOUSE DOCKET, NO. 3760        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3253

The Commonwealth of Massachusetts

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PRESENTED BY:

Jonathan D. Zlotnik and John J. Cronin

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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 relative to the leasing of a certain parcel of land in the city of Gardner.

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PETITION OF:

HOUSE DOCKET, NO. 3760        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3253

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the leasing of a certain parcel of land in the city of Gardner.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the conveyance or lease of certain real property in the city of Gardner, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
 

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 32 through 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 may lease, in consultation with the board of higher education and Mount Wachusett Community College, to  Heywood Healthcare Inc., for a term, including extensions, not to exceed 50 years, a parcel of land containing 4.1784 acres, said parcel being a portion of the college’s campus in the city of Gardner and shown on a plan on file with the division of capital asset management and maintenance. The initial term of the lease shall be for a period of 30 years with options to renew for 2 additional 10-year terms. The exact boundaries of the parcel shall be determined by the commissioner based upon a survey.

SECTION 2. No lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall be valid unless it provides that the parcel shall be used solely to accommodate additional parking at the Gardner Campus of Heywood Healthcare, Inc.

No such lease agreement shall be valid unless it further provides that if, for any reason, the parcel ceases to be used for the purposes described in this act, the commonwealth may terminate the lease under such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and Mount Wachusett Community College, may prescribe.

SECTION 3. A lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall be on such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and Mount Wachusett Community College, deem appropriate. In furtherance and not in limitation of the foregoing, any such lease agreement shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as an additional insured, protecting the commonwealth against all personal injury or property damage occurring on the parcel during the term of the lease. The lessee shall indemnify and hold the commonwealth and Mount Wachusett Community College harmless for any and all personal injury or property damage caused or suffered by the lessee, its clients or agents.

SECTION 4. The lessee shall be responsible for all direct transaction costs deemed necessary and appropriate by the commissioner of capital asset management and maintenance for the transaction, including, without limitation, all costs for legal work, appraisals, survey, title, recording fees, the preparation of plans and specifications and any costs associated with the Inspector General’s review.  The lessee shall also be responsible for any costs, liabilities or expenses of any kind for the development, improvement, maintenance or operation of the parcel as may be determined by the commissioner of capital asset management and maintenance, in consultation with Mount Wachusett Community College.

SECTION 5. The provisions of sections 44 to 58, 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 contract, or to the procurement of services or to the construction and design of buildings and other improvements on commonwealth property shall be applicable to the lessee. The design of and plans and specifications for any buildings or other improvements to be constructed by the lessee shall be subject to the review and approval of the division of capital asset management and maintenance and Mount Wachusett Community College.

SECTION 6. If Heywood Healthcare, Inc., ceases to use and maintain the property for the purposes specified in section 2 or uses the property for any other purpose, the lease shall, upon notice from the commissioner,  terminate and the property shall revert to the commonwealth.

SECTION 7. Notwithstanding any general or special law to the contrary, Heywood Healthcare, Inc. shall be responsible for all costs and expenses of any transaction authorized by this section as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcels.