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  • Acts
  • 2002
  • Chapter 9 AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN PROPERTY IN THE CITY OF LOWELL.

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 capital asset management and maintenance, subject to the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws, may solicit, evaluate and select development proposals, enter into land disposition agreements, sell, lease for a term not to exceed 65 years, including all extensions thereof, or otherwise grant, convey or transfer to 1 or more developers, any interest in the site defined in this section, or portion thereof and any facilities, associated improvements or appurtenances on the site, on such terms and conditions as the commissioner deems appropriate, for the purpose set forth in section 2.

The site is bounded by Perkins Street, Suffolk Street, Hall Street and Cabot Street, all in the city of Lowell, known as the "Ames Building" property. The site is currently under the care and control of the University of Massachusetts at Lowell.

SECTION 2. The site shall be used for the purpose of constructing and operating a public parking garage. If the site ceases to be used at any time for public parking purposes, the commissioner may, by recording a notice thereof in the appropriate registry of deeds, cause title to the site, together with all buildings and other structures located on the site, to revert to the commonwealth under the care and control of the division of capital asset management and maintenance. If any such reverter occurs, further disposition of the parcel of land shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

Without limiting any other provision of this act, the commissioner may permit retail uses on the ground floor of the parking garage.

SECTION 3. The amount of consideration for the sale, lease or other disposition of any interest in the site or portion thereof shall be not less than the full and fair market value of the property as determined by an independent appraisal.

The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance for submission to the house and senate committees on ways and means and the joint committee on state administration.

SECTION 4. The developer selected by the commissioner under this act shall be responsible for all costs of any appraisal, surveys and other expenses relating to the transfer of the site or for any cost, liabilities and expenses of any nature and kind for the development, maintenance or operation of the site. Without limiting the foregoing, if the commissioner so determines, the developer selected by the commissioner under this act shall be responsible for all costs of demolition of existing structures on the site.

SECTION 5. The commissioner may retain, accept or acquire by transfer, lease or eminent domain under chapter 79 of the General Laws or otherwise, grant by deed, transfer, lease, or otherwise, any rights-of-way or easements in, over and beneath the site or portions thereof or any other property of the commonwealth contiguous to the site for drainage, access, egress, utilities and other purposes, as the commissioner deems necessary and appropriate to carry out the purposes of this act.

SECTION 6. The University of Massachusetts, with the approval of the commissioner, may enter into contracts with the developer of the parking garage to be located on the site for use by employees, students, visitors and general public associated with the University of Massachusetts campus in Lowell.

Approved January 24, 2002.