HOUSE DOCKET, NO. 2512        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3070

The Commonwealth of Massachusetts

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PRESENTED BY:

Meghan K. Kilcoyne 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 authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc.

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PETITION OF:

HOUSE DOCKET, NO. 2512        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3070

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the Division of Capital Asset Management and Maintenance to convey certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the transfer of a certain parcel of land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 185 of the acts of 2000 is hereby amended by inserting after section 5 the following 2 sections:-

SECTION 5A. (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 shall convey a certain parcel of land, originally leased to Robert F. Kennedy Children’s Action Corps, Inc. pursuant to section 1, in the town of Lancaster, containing approximately 25 acres and is a portion of the property described in deeds recorded in the Worcester registry of deeds in: (i) book 639, page 254, (ii) book 639, page 255, (iii) book 549, page 192, (iv) book 549, page 194 and (v) book 2642, page 4852, to said Robert F. Kennedy Children’s Action Corps, Inc. or its successor. The parcel is more particularly described in section 1 and is shown as “Robert F. Kennedy Children’s Action Corps Lease Area” on a plan entitled, “Lancaster Complex” prepared by Design Professionals, Inc. and dated November 2, 2018, which plan is on file with the department of capital asset management and maintenance.  The final boundaries of the parcel may be determined by the commissioner of capital asset management and maintenance.

The parcel being conveyed shall be used by Robert F. Kennedy Community Alliance, Inc. and its successors and assigns to: (1) care for the children entrusted to it by the commonwealth, (2) support and enhance its mission of promoting meaningful and sustained well-being for children, youth, and adults facing educational, developmental, mental health or other challenges, and (3) care for the land. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. The conveyance shall be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance may determine.

(b)  The deed or other instrument conveying the parcel to Robert F. Kennedy Community Alliance, Inc. or its successor shall provide that the parcel shall be used for the purposes in subsection (a) and shall include a reversionary clause that stipulates that if the parcel ceases at any time to be used for the said purposes of subsection (a) by Robert F. Kennedy Community Alliance, Inc. and its successors and assigns, title to the parcel shall, at the election of the commonwealth, revert to the commonwealth. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court. The reversionary clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws.

(c)  The consideration for the conveyance of the parcel pursuant to this section shall be nominal consideration.

(d)  Notwithstanding any general or special law to the contrary, Robert F. Kennedy Community Alliance, Inc. or its successor 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 parcel. Robert F. Kennedy Community Alliance, Inc. or its successor shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to Robert F. Kennedy Community Alliance, Inc., Robert F. Kennedy Community Alliance, Inc. and its successors and assigns shall be responsible for all costs, liabilities and expenses for its ownership.

(e) Notwithstanding any general or special law to the contrary, Robert F. Kennedy Community Alliance, Inc. and its successors and assigns shall be responsible for all costs, liabilities and expenses for as a result of events occurring after the execution of the lease authorized in section 1 and notice recorded in the Worcester registry of deeds in book 36672, page 50, including, but not limited to, any environmental remediation necessary, and the obligation of the Robert F. Kennedy Community Alliance, Inc. to indemnify the commonwealth for certain environmental damages pursuant to section 8.3 of article 8 of said lease shall survive the termination of said lease. No agreement for the sale, transfer or other disposition of the property and no deed executed by or on behalf of the commonwealth, shall be valid unless the agreement or deed contains a restatement of the first sentence of this subsection.

SECTION 5B. The lease authorized by section 1 shall terminate upon acceptance of the deed or other instrument conveying the parcel to Robert F. Kennedy Community Alliance, Inc. or its successor by said Robert F. Kennedy Community Alliance, Inc. or its successor.