AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN LAND IN THE TOWN OF LANCASTER.
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. The commissioner of the division of capital asset management and maintenance shall, notwithstanding any general or special law to the contrary but subject to the provisions of section 40J of chapter 7 of the General Laws and in consultation with the inspector general, execute and deliver in the name of and on behalf of the commonwealth one or more instruments to lease for a period of 99 years, a certain parcel of land in the town of Lancaster, currently used in part by the Robert F. Kennedy Children's Action Corps hereinafter referred to as RFKCAC, an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code, which parcel shall not exceed 25 acres with the buildings thereon, for consideration described in sections 2 and 3 of this act, to RFKCAC or a corporation organized for the exclusive purpose of holding title to property owned by RFKCAC, in order to provide the opportunity to relocate certain of the programs on the site which is shared with the department of correction and to continue and enhance the ability of RFKCAC to care for the children entrusted to its care by the commonwealth.
Said parcel is bounded and described as follows:
Beginning on the southerly side of Bolton Road at the most westerly corner of the premises at land of John H. & Charlotte Creighton; thence easterly by the southerly side of Bolton Road about one thousand eight hundred eighty and 00/100 (1,880') feet to a point; thence S02<=-00'09"E about two hundred seventy-seven (277') feet to an existing spike; thence S60<=-33'-38"W eighty-one and 48/100 (81.48') feet to an existing spike; thence S47<=-05'-34"W forty and 99/100 (40.99') feet to an existing spike; thence S02<=-08'-49"E one hundred sixty-four (164') feet to a spike; thence S68<=-45'-31"W one hundred nine and 53/100 (109.53') feet to a spike; thence S81<=-05'-40"W one hundred seventy and 40/100 (170.40') feet to a spike; thence S07<=-03'-29"W four hundred forty and 25/100 (440.25') feet to a spike; said spike being 4.0 feet off the existing building; thence S08<=-03'-07"W about two hundred sixteen (216') feet to the north side of Old Common Road; thence northwesterly by the northerly side of Old Common Road about six hundred thirty-five (635') feet to land of Edward W. Joyner & Suzanne M. Barrett at a concrete bound; thence northeasterly by said Edward W. Joyner and Suzanne M. Barrett about eighty-five (85') feet to a point; thence northwesterly, sixteen and 5/10 (16.5') feet by land of Edward W. Joyner and Suzanne M. Barrett; thence northeasterly, six and 6/10 (6.6') feet by land of Edward W. Joyner and Suzanne M. Barrett; thence northwesterly, one hundred ninety-two and 72/100 (192.72') feet by land of Edward W. Joyner and Suzanne M. Barrett to land owned by the Commonwealth; thence northeasterly, by said land one hundred one and 34/100 (101.34') feet to a point; thence northwesterly, by said land about two hundred twelve (212') feet to a point; thence southwesterly by said land two hundred (200') feet to the northerly side of Old Common Road; thence northwesterly by the northerly side of Old Common Road about two hundred twenty-seven (227') feet to land of Town of Lancaster; thence northeasterly by land of Town of Lancaster about two hundred five (205') feet to a point; thence northwesterly by land of Town of Lancaster, Stanley L. & Mary Hollywood and John H. & Charlotte Creighton about four hundred eighty (480') feet to a point of beginning.
SECTION 2. The consideration for the lease described in section 1 shall be in the form of capital expenditures for a new residential facility and a new educational facility to be constructed on the leased premises, to replace those facilities now used by RFKCAC on that portion of the property currently shared with the department of correction which will not be leased pursuant to this act, in capital improvements to the buildings on the parcel or parcels to be leased, and for such additional consideration, if any, that the inspector general deems necessary to effectuate and achieve the full and fair market value of the lease or leases authorized herein. Such full and fair market value of the leased premises shall be based on the current use of the property for residential and educational purposes to care for children referred to RFKCAC by the division of social services. Any such determination of additional consideration in the form of compensation shall be determined by the inspector general only after an appraisal of the value of the property in its present condition and an estimate of the value of the property in its proposed improved condition and considering the value of any expenditures or services performed or to be performed by the lessee.
SECTION 3. The expenditures for new facilities and capital improvements to existing buildings referred to in section 2 shall be a minimum of $3,000,000 and shall be undertaken within seven years of the effective date of this act. In the interim, the RFKCAC shall be allowed to continue to use its existing buildings in the town of Lancaster. Upon presentation of documentary evidence to the commissioner, in consultation with the inspector general, of the capacity of RFKCAC to expend a minimum of $3,000,000, the lease shall be executed and delivered to RFKCAC.
SECTION 4. RFKCAC shall be responsible for any costs for appraisals, surveys, and other expenses relating to the leasing of the property, and shall be thereafter fully responsible for the maintenance and operation of the site. Nothing in this act shall prevent RFKCAC from including such responsibilities as reimbursable costs to the extent permitted by law.
SECTION 5. The commissioner of the division of capital asset management and maintenance shall provide the clerk of the house of representatives, who shall forward copies to the legislature's joint committee on state administration and to the inspector general of the commonwealth, a copy of any such lease or leases at least 20 business days prior to the execution thereof by the commissioner. The inspector general shall review and comment within 15 business days of the receipt of such lease or leases by the inspector general. A copy of said review and comments, and any recommendations thereon by the inspector general, shall thereupon be forwarded to the clerk. The lease or leases, when executed by the commissioner, shall be deemed conclusively authorized by this act if all provisions therein are consistent with the provisions of this act. The commissioner is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of such lease or leases for recording and any and all other agreements and instruments related to the lease or leases authorized hereby.
The lease or leases authorized hereby shall provide that all capital improvements to the premises shall become the property of the commonwealth upon termination of same, without payment of compensation of any kind by the commonwealth. No assignment or sublease of any lease or leases authorized herein shall be effective unless authorized in writing by the commissioner or by any successor agency as public agency lessor, subject to the approval of the general court, and provided that no such assignment or sublease shall modify or impair the terms, conditions or consideration provided under the lease or leases. In the event that the aforementioned purpose described in section 1 ceases at any time, by either RFKCAC or any successor organization, the lease or leases authorized hereunder shall be terminated and the property shall revert to the care and control of the division and any further disposition shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and to the prior approval of the general court.
SECTION 6. This act shall take effect upon its passage.