HOUSE  .  .  .  .  .  .  .  .  No. 5159

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, July 31, 2022.

The committee on House Ways and Means to whom was referred the Bill authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel in the Roxbury section of the city of Boston (House, No. 4310), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 5159).

For the committee,

AARON MICHLEWITZ.

FILED ON: 7/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5159

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 authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel in the Roxbury section of the city of Boston.

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 33 through 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey property consisting of a certain parcel of land known as and numbered 167 Centre street in the Roxbury section of the city of Boston, and the building thereon known as the Dudley House, to Historic Boston Incorporated, a Massachusetts not-for-profit corporation, for consideration of $1. The property contains approximately 0.2777 acres. The exact boundaries of the property may be determined by the commissioner based upon a survey. The property shall be conveyed by deed without warranties or representations by the commonwealth.

(b) The commissioner of capital asset management and maintenance shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in this section. If the consideration for the parcel conveyed in subsection (a) is less than fair market value, the commissioner shall place notice in the central register of the conveyances, of the amount of the transaction and the difference between the calculated value and price received.

(c) Notwithstanding any general or special law to the contrary, Historic Boston Incorporated 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 property. Historic Boston Incorporated shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to Historic Boston Incorporated, Historic Boston Incorporated shall be responsible for all costs, liabilities and expenses for its ownership.

SECTION 2. (a) If Historic Boston Incorporated does not complete a purchase of the property pursuant to section 1 by December 31, 2022, or by such later date as may be agreed to by Historic Boston Incorporated and the commissioner of capital asset management and maintenance, then, notwithstanding sections 33 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 sell, lease for a term up to 99 years including all renewals and extensions or otherwise grant, convey or transfer to 1 or more purchasers or lessees an interest in the parcel or portions thereof, subject to this act and on such terms and conditions as the commissioner of capital asset management and maintenance considers appropriate. The parcel shall be conveyed by deed without warranties or representations by the commonwealth. In making any such disposition, the commissioner of capital asset management and maintenance shall use appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the parcel or any portion thereof are due, the commissioner of capital asset management and maintenance 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, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and such other information as the commissioner considers relevant.

(b) Notwithstanding any general or special law to the contrary, a purchaser or lessee selected pursuant to this section 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 property. The grantee or lessee shall acquire the property thereon in its present condition. Upon the recording of the deed conveying the parcel to the grantee or the execution of a lease leasing the parcel, the grantee or lessee shall be responsible for all costs, liabilities and expenses for its ownership or lease.