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Session Law

2007

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Chapter 29 AN ACT RELATIVE TO THE CONVEYANCE OF A CERTAIN PARCEL OF LAND IN THE TOWN OF GRAFTON.

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. Section 1 of chapter 224 of the acts of 2002 is hereby amended by striking out, in line 2, the words “sections 40F ½, 40I and” and inserting in place thereof the following word:- section.

SECTION 2. Said section 1 of said chapter 224 is hereby further amended by striking out, in line 4, the words “convey by deed” and inserting in place thereof the following words:- lease for a term not to exceed 50 years, together with an option to purchase as set forth in this act, and to sell and convey by deed.

SECTION 3. Said chapter 224 is hereby further amended by striking out section 2 and inserting in place thereof the following 4 sections:-

Section 2. Such lease shall include an option for the Massachusetts State Police Museum and Learning Center to purchase the premises at the end of the term of such lease, shall require that the lessee maintain adequate insurance, and shall contain such other provisions as the commissioner, after consultation with the department of state police, considers appropriate. The lease price to be paid by the Massachusetts State Police Museum and Learning Center shall be the full and fair market value of the building and land based upon 1 or more professional appraisals commissioned by the division of capital asset management and maintenance and reduced by any credit authorized and certified by the inspector general. The commissioner of capital asset management and maintenance shall, 30 days prior to the execution of any lease authorized by this act or any subsequent amendment thereto, submit the lease and any amendments and a report thereon to the inspector general. The inspector general shall review and comment in writing on each appraisal and the review and comment shall include an examination of the methodology used for each appraisal. The inspector general shall prepare a report of his review and action on the appraisal, lease and any amendments and file the report with the commissioner. Copies of this report shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the lease. The report shall also include a list of those credits that have been certified by the inspector general as credits to be applied against the lease price. The State Police Museum and Learning Center shall be responsible for any costs for appraisals, surveys and other expenses relating to the conveyance of the land and structure. The lease price paid by the Massachusetts State Police Museum and Learning Center for any lease, or any amendments thereto, authorized by this act, shall be deposited into the General Fund.

Section 3. Such lease shall set forth the procedure for the Massachusetts State Police Museum and Learning Center to exercise its option to purchase the premises at the end of the term of the lease. The purchase price to be paid by the Massachusetts State Police Museum and Learning Center shall be the full and fair market value of the building and land at the termination of the lease based upon 1 or more professional appraisals commissioned by the division of capital asset management and maintenance and reduced by any credit authorized and certified by the inspector general. The commissioner of capital asset management and maintenance shall, 30 days prior to the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement and any amendments thereto and a report thereon to the inspector general. The inspector general shall review and comment in writing on each appraisal, and the review and comment shall include an examination of the methodology used for each appraisal. The inspector general shall prepare a report of his review and action on the appraisal, agreement and any amendments and file the report with the commissioner. Copies of this report shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the agreement. The report shall also include a list of those credits that have been certified by the inspector general as credits to be applied against the purchase price. The purchase price paid by the Massachusetts State Police Museum and Learning Center shall be deposited in the General Fund.

SECTION 4. No lease agreement entered into pursuant to this act by or on behalf of the commonwealth, shall be valid unless the lease provides that the property shall be used solely for activities directly related to state police museum and learning center purposes. If, for any reason, the property ceases to be used for the purposes described herein, the commonwealth may terminate the lease. If the lease is terminated, the property shall revert to the commonwealth, under the care, custody and control of the division of capital asset management and maintenance, in consultation with the executive office of public safety. No deed conveying the property to the Massachusetts State Police Museum and Learning Center shall be valid unless the deed provides that the property shall be used solely for activities directly related to state police museum and learning center purposes. If for any reason the property ceases to be used for the purposes described herein, the commonwealth shall have a right of reversion and may exercise said right after (i) providing the Massachusetts State Police Museum and Learning Center with written notification and an opportunity to cure; and (ii) recording a notice of said reversion in the Worcester south district registry of deeds. Upon satisfaction of the foregoing provisions, the property shall revert to the commonwealth under the care, custody and control of the division of capital asset management and maintenance, in consultation with the executive office of public safety.

SECTION 5. The Massachusetts State Police Museum and Learning Center shall be responsible for all costs associated with any appraisal, survey or other expense incurred by the commonwealth relating to the lease and conveyance of property pursuant to this act, and for any costs, liabilities or expenses of any kind for the development, improvement, maintenance or operation of the parcel as may be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of public safety.

Approved April 10, 2007.

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