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Session Law

2006

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Chapter 2 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE GREATER BOSTON FOOD BANK, INC.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the conveyance of certain property to The Greater Boston Food Bank, Inc., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, or any other general or special law to the contrary, including without limitation chapter 256 of the acts of 2002, shall convey or lease to The Greater Boston Food Bank, Inc., for the purposes of a food bank, a certain parcel of commonwealth land located on South Bay avenue in the city of Boston , containing 123,432 square feet, more or less, on which the former Boston municipal incinerator was located, together with any and all rights-of-way and easements appurtenant thereto and subject to any and all rights of way and easements deemed necessary by the commissioner for the benefit of the commonwealth. The property is shown on a plan, entitled "South Bay Incinerator-South Bay Ave. in Boston Massachusetts (Suffolk County) Activity and Use Plan" dated January 21, 2002 and prepared for CDM, Camp Dresser & McKee Inc., One Cambridge Place, 50 Hampshire Street, Cambridge, MA 02139 and prepared by BSC Group, 384 Washington Street, Norwell, MA 02061 by Everett J. Chandler, Professional Land Surveyor and retained as File: 597101 - Auldwg, Drawing No. 4437.02. This parcel shall be conveyed by release deed or leased in its existing condition without warranties or representations by the commonwealth. The commissioner shall determine the exact boundaries and acreage of the parcel based upon a survey of the parcel.

SECTION 2. The consideration to be paid by The Greater Boston Food Bank, Inc. to the commonwealth for the parcel shall be not less than the full and fair market for such use of the parcel, taking into account the reverter and lease termination provisions in section 3. The value of the parcel shall be determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal. The commissioner shall, 45 days before the conveyance or lease authorized by section 1, submit the appraisal and a report thereon to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology used for the appraisal. Within 30 days of receipt of the appraisal, the inspector general shall prepare a report of his review and approval of the appraisal and file the report with the commissioner. The commissioner shall forward copies of the inspector general's report to the house and senate committees on ways and means and to the chairman of the joint committee on state administration and regulatory oversight at least 15 days before the conveyance or lease.

SECTION 3. The Greater Boston Food Bank, Inc. shall pay expenses associated with any land survey, appraisal, title examinations, recording fees and any other expenses relating to the conveyance or lease of the parcel, and shall be responsible for all costs, liabilities and expenses of any nature and kind for its ownership or interest.

Any deed or lease conveying or leasing the parcel to The Greater Boston Food Bank, Inc. and any subsequent deed or lease of all or a portion of the parcel shall contain a provision that if the parcel ceases to be used for the purposes set forth in this act it shall be deemed an event of default. In the event of a default under a conveyance by deed, upon notification to the owner by the commonwealth within 1 year of the occurrence of such default, and recording of such notification with the Suffolk county registry of deeds, title to the parcel or portions of the parcel that are used in violation of this act shall revert to the commonwealth. In the event of a default under a lease, upon notification to lessee by the commonwealth within 1 year of the occurrence of such default, and recording of such notification with the Suffolk county registry, such lease shall be terminated and of no further effect. The foregoing provisions and use restrictions shall not apply in the case of a foreclosure of the parcel or portion thereof by a mortgagee.

Approved January 19, 2006 .

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