Amendment 1

FILED ON: 3/5/2020

SENATE . . . . . . . . . . . . . . No. 2584

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 convey certain parcels of land in the city of Salem.

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 Salem State University, may: (i) sell; (ii) lease for terms of not more than 99 years, including all renewals and extensions thereof; or (iii) otherwise grant, convey or transfer an interest in the following properties on such terms and conditions that the commissioner may require:

(i) the property in the city of Salem known as the south campus, consisting of 22.35 acres, more or less, and more particularly described as: (A) the lower south campus, located at 11 Harrison road and 20-32 Harrison road; and (B) the upper south campus, located at 262 Loring avenue, both of which are further described in a deed to the commonwealth dated December 14, 1972 and recorded in the Southern Essex district registry of deeds in book 5933, page 575; provided, however, that the exact location and boundaries of the south campus, or any portion thereof, to be conveyed shall be determined by the commissioner, in consultation with the president, after completion of a survey; and

(ii) the property in the city of Salem located at 8 Harrison road, consisting of 0.3 acres, more or less, and more particularly described in a deed to the commonwealth dated December 14, 1972 and recorded in the Southern Essex district registry of deeds in book 5933, page 573; provided, however, that the exact location and boundaries of the property, or any portion thereof, to be conveyed shall be determined by the commissioner, in consultation with the president, after completion of a survey.

(b) The commissioner of capital asset management and maintenance shall use appropriate competitive bidding processes and procedures when making any disposition pursuant to this section. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the property, 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 the availability of the property, the nature of the competitive bidding process, the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and other information that the commissioner considers relevant. The commissioner shall also place notification in the central register of the individual or firm selected as party to any transaction involving the property and the amount of the transaction.

(c) The purchase and sale agreement, the lease or any other document relating to the sale, lease, transfer or other disposition of the property, or any portion thereof, shall provide that the commonwealth including, but not limited to, Salem State University and the division of capital asset management and maintenance, shall have no liability to any purchaser, lessee or transferee or any successors thereof for any claims arising out of or in any way related to the conditions, known or unknown, of the property or otherwise in connection with any such sale, lease, transfer or other disposition thereof.

(d) Upon the sale of all of the property, or any portion thereof, pursuant to this act, the commissioner of capital asset management and maintenance, in consultation with the president of Salem State University, may retain or grant rights of way or easements for access, egress, utilities and drainage across any other portions of the south campus and the commonwealth may accept from the purchaser such rights of way or easements in roadways or across any portions of the south campus to be conveyed or transferred for access, egress, drainage and utilities as the commissioner considers necessary to carry out this section.

(e) The purchaser, lessee or transferee of the property, 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 surveys, deed preparation and recording fees as such costs may be determined by the commissioner of capital asset management and maintenance.

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

(g) The cash proceeds of the sale, lease, transfer or other disposition of the property, or any portion thereof, shall be deposited into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws solely for the use of Salem State University. Money in the trust may be expended for: (i) any transaction-related expenses and expenses incurred by the division of capital asset management and maintenance including, but not limited to, costs associated with the disposition of the property from which the funds originated, including appraisals, surveys, deed preparation, site preparation, plans, recording fees, smart growth review and feasibility and other marketing studies and any other expenses relating to the disposition of the property to the extent not paid for by the grantee pursuant to subsection (e); and (ii) capital projects and improvements to facilities on the campus of Salem State University, as determined by the commissioner of capital asset management and maintenance and the president of Salem State University and approved by the secretary of administration and finance.”