Bill S.2896

SENATE . . . . . . . . . . . . . . No. 2896

The Commonwealth of Massachusetts

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

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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 may, in consultation with the court administrator of the trial court of the commonwealth, convey a certain parcel of land located on Hurd street in the city of Lowell, acquired by the commonwealth for the construction of the district court of Lowell pursuant to chapter 542 of the acts of 1967, including the buildings thereon, to the city of Lowell for redevelopment purposes on such terms as may be determined by the commissioner . The parcel is more particularly described in:

(i) a deed recorded in the Middlesex northern district registry of deeds in book 707, page 114;

(ii) an order of taking recorded in the Middlesex northern district registry of deeds in book 1846, page 588;

(iii) an order of taking recorded in the Middlesex northern district registry of deeds in book 1846, page 590;

(iv) an order of taking recorded in the Middlesex northern district registry of deeds in book 1846, page 591; and

(v) a deed recorded in the Middlesex registry of deeds in book 1027, page 43.

(b) The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance after completion of a survey. The property shall be conveyed by deed without warranties or representations by the commonwealth.

(c) Consideration for the conveyance authorized in this section shall be $1; provided, however, that the commissioner shall establish the value of the property for both its highest and its best use as currently encumbered and for the purposes of this section. If the consideration for the parcel to be conveyed is less than the fair market value, the commissioner shall place notice in the central register of the conveyance, the amount of the transaction and the difference between the calculated value and the price received.

SECTION 2. (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 may, in consultation with the court administrator of the trial court of the commonwealth, convey certain parcels of land in the city of Lowell, which were previously the site of the Middlesex superior court and associated parking, including the buildings thereon, to the city of Lowell for redevelopment purposes on such terms as may be determined by the commissioner of capital asset management and maintenance. The parcel is located at 330 Gorham street and is described in a deed recorded in the Middlesex northern district registry of deeds in book 512, page 301. The associated parking parcels are located at: (i) 58 Elm street, 53 Auburn street and 105 Chapel street, more particularly described in a deed recorded in the Middlesex northern district registry of deeds in book 1159, page 193; and (ii) 44 Elm street, more particularly described in a deed recorded in the Middlesex northern district registry of deeds in book 19386, page 279.

(b) The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance after completion of a survey. The property shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 3. The city of Lowell may sell or lease all or portions of the parcels described in sections 1 and 2 for redevelopment. If the city of Lowell sells or leases any portion of the parcels, the net proceeds from such sale or lease, as determined by the city of Lowell and agreed to by the commissioner of capital asset management and maintenance, shall be allocated between the city of Lowell and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth's proceeds to not less than 40 per cent of the net proceeds to provide certain incentives to the city of Lowell to sell or lease the parcels expeditiously. Any revenue paid to the commonwealth pursuant this section shall be deposited into the Courts Capital Project Fund established in section 2YYY of chapter 29 of the General Laws. If the net proceeds, as so determined, is a negative amount, the commonwealth shall not be required to make any payments to the city of Lowell.

SECTION 4. Notwithstanding any general or special law to the contrary, the city of Lowell shall pay for all costs and expenses of the sale of the parcels described in sections 1 and 2 as determined by the commissioner of capital asset management and maintenance including, but not limited to, the cost of any recording fees and deed preparation related to the conveyances and all costs, liabilities and expenses of any nature and kind related to the city’s ownership of the parcels; provided, however, that such costs shall be included for the purposes of determining the net proceeds of the city’s sale or lease, if any, of any portion of the parcels described in sections 1 and 3; provided further, that amounts paid by the city of Lowell for costs, liabilities and expenses related to the city’s management and maintenance of the parcels prior to any transfer authorized in this act, as determined by the commissioner, may be included in the calculation of the net proceeds from a sale or lease; and provided further, that amounts paid by the city of Lowell pursuant to subsection (c) of section 1 and subsection (c) of section 2 shall not be included for the purposes of determining the net proceeds from any sale or lease of the parcels pursuant to this act.

SECTION 5. If the city of Lowell does not complete the purchase of the parcels authorized herein within 180 days after the effective date of this act or such other date as may be authorized by the commissioner of capital asset management and maintenance, the commissioner may convey, lease for a term not to exceed 99 years, transfer or otherwise dispose of the parcels in accordance with chapter 290 of the acts of 2004.

SECTION 6. The city of Lowell may establish a special revenue fund for the purpose of effectuating the redevelopment of the parcels described in this act. The treasurer of the city of Lowell may credit to the fund any proceeds from the sale or transfer of the parcels, any lease payments in connection with any lease of the parcels or any other funds appropriated to the fund by the city council, upon recommendation of the city manager. Notwithstanding section 31 of chapter 44 of the General Laws, the city of Lowell may expend from the fund any costs incurred in connection with the care and custody of the parcels, conveyance of the parcels or any other architectural, engineering, legal or other professional services incidental thereto, or any costs authorized in section 4. Any deficit in the fund shall be provided for not later than the second tax year following the expenditure that caused such deficit.