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  • Acts
  • 2008
  • Chapter 296 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN PROPERTY TO THE CITY KNOWN AS THE TOWN OF NATICK.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the lease of a certain parcel of land to the city known as the town of Natick, 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. Notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may lease, for a period not to exceed 30 years and pursuant to such additional terms and conditions as the commissioner may prescribe in consultation with the military division of the executive branch, a certain parcel of state owned land in the city known as the town of Natick to the town of Natick; provided, however, that said lease shall provide that in the event of military necessity, the lease may be terminated by the commonwealth upon 30 days written notice from the commissioner of capital asset management and maintenance to the town of Natick. The parcel, the exact boundaries of which shall be established prior to such conveyance by a survey commissioned by said commissioner, is located on Speen street and shown on the town of Natick’s assessor’s map as map 41, lot 84; provided, further, that any lease shall contain the restriction required pursuant to section 2. The consideration for said lease shall be the full and fair market value as determined by the commissioner of capital asset management and maintenance pursuant to an independent professional appraisal.

SECTION 2. Notwithstanding any general or special law to the contrary, the parcel described in section 1 of this act shall be leased subject to a restriction limiting the use of the parcel to municipal or other public purposes. If at any time the property ceases to be used for the purposes described in this section the commissioner shall give written notice to the town of the unauthorized use. The town shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall terminate and any further disposition of the property shall be subject to chapter 7 of the General Laws.

SECTION 3. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 1 and the review shall include an examination of the methodology utilized for the appraisal. Within 30 days of receiving 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. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets but no later than 15 days before the execution of any agreement or other document relating to the lease.

SECTION 4.
Notwithstanding any general or special law to the contrary, the town of Natick shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this act as such costs may be determined by the commissioner of capital asset management and maintenance. Upon conveyance of the parcel, the town of Natick shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.

Approved August 7, 2008