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Session Law

2007

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Chapter 22 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF FOXBOROUGH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain lands in the town of Foxborough, 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 may, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws and any other general or special law to the contrary, convey by deed a certain parcel of property of commonwealth land, including the improvements thereon, located in the town of Foxborough and further described in section 1 of chapter 504 of the acts of 1990, to Feeling Foxy, LLC. The exact boundaries shall be determined by the commissioner based upon a survey. The parcel consists of approximately 1.53 acres and abuts other land owned by the purchaser. The exact boundaries of the parcel shall be determined by the commissioner based on a survey. The parcel shall be conveyed by release deed in its existing condition without warranties or representations by the commonwealth.

SECTION 2. The consideration for the conveyance authorized by this act shall be the full and fair market value of the property, based upon an independent professional appraisal as determined by the commissioner. The inspector general shall review and approve the appraisal and prepare a report of his review of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures, and state assets. The inspector general shall prepare a report of his review and file the report with the commissioner of the division for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. The commissioner shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereto, the reports, and the comments of the inspector general, to the house and senate committees on ways and means and the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days prior to execution.

SECTION 3. The purchaser shall be responsible for all costs associated with the conveyance authorized by this act, including, but not limited to, any appraisal, survey, recording and legal costs, any and all other expenses incurred by the commonwealth in connection with the conveyance and any and all costs or liabilities arising from or connected with ownership of the parcel.

SECTION 4.
The purchaser and its agents, tenants or contractors agree to hold the commonwealth and its agents and employees harmless from and against all claims, actions, damages or costs claimed from injuries or damages to persons or property arising out of, or in any way relating to, the conveyance authorized by this act, and shall indemnify and defend the commonwealth and its agents and employees from and against any and all such claims, actions, damages or costs.

Approved March 7, 2007.

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