FILED ON: 12/23/2021
HOUSE . . . . . . . . . . . . . . . No. 4309
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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.
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 situated on the easterly side of Green Street, in Gardner, Worcester County Massachusetts, bounded and described as follows:
Commencing at the northwesterly corner of land of Henry Heywood Memorial Hospital in the easterly line of Green Street, as laid out by the Commonwealth of Massachusetts, layout #6004; thence northerly by said layout line by a curve to the right having a radius of 1997.2 feet an arc length of 2.29 feet; thence N71⁰ 12’25”E, by said layout 35.13 feet to an angle in said road line and being the southwesterly corner of the parcel herein described and the true point of beginning; thence northerly by said layout line by a curve to the right having a radius of 1962.20 feet, an arc length of 370.54 feet to a point of tangency; thence N2⁰59’10”W. 607.96 feet to a corner of other land of the Commonwealth of Massachusetts; thence S26⁰07’18”E, by said Commonwealth land 960.09 feet to a stone bound at the northeasterly corner of the aforementioned land of Henry Heywood Memorial Hospital; thence S71⁰21’52”W, by said Hospital land 390.17 feet to the easterly line of Green Street and the point of beginning. Containing 4.178 acres of 182,009 square feet.
Being a portion of land granted to the Commonwealth of Massachusetts by a deed recorded at the Worcester District Registry of Deeds in Book 4754, Page 299.
The initial term of the lease shall be for a period of 30 years with options to renew for 2 additional 10-year terms.
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 Henry Heywood Memorial Hospital.
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. The consideration for the lease authorized and described in section 1 shall be based on the full and fair market value of the parcel to be leased, as determined by the Department of Capital Asset Management and Maintenance based upon an independent professional appraisal, as defined in section 6.
SECTION 4. 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 Department 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 5. 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 the Department 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. 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 the Department of Capital Asset Management and Maintenance, in consultation with Mount Wachusett Community College.
SECTION 6. An independent appraisal of the fair market value and value in use of the parcel described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. Consideration for the grant of the above-described interest shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management, and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee. The commissioner of capital asset management and maintenance shall submit the appraisal or appraisals to the inspector general for his or her review and comment. The inspector general shall review and approve the appraisal or appraisals, and the review examination of the methodology utilized for the appraisal or appraisals. The inspector general shall prepare a report of his or her review and file the report with the commissioner of capital asset management and maintenance for submission by said commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. Said commissioner shall submit copies of the appraisals, and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the transfers described in section 4.