AN ACT AUTHORIZING THE GRANTING OF EASEMENTS AT NORTHERN ESSEX COMMUNITY COLLEGE IN THE CITY OF HAVERHILL
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to grant forthwith certain easements over portions of the Northern Essex Community College campus in Haverhill to Opportunity Works, 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. As used in this act, the following terms shall have the following meanings unless the context clearly requires otherwise:
“College”, Northern Essex Community College.
“College campus”, the Northern Essex Community College campus in the city of Haverhill.
“Commissioner”, the commissioner of capital asset management and maintenance.
“Division”, the division of capital asset management and maintenance.
“Opportunity Works”, Opportunity Works, Inc., a Massachusetts nonprofit corporation formerly known as Greater Newburyport Opportunities, Inc. and its tenants, licensees, successors and assigns.
“Opportunity Works property”, the parcel of land known and numbered as 667 Kenoza street in the city of Haverhill, located adjacent to the college campus.
“President”, the president of Northern Essex Community College.
SECTION 2. (a) Notwithstanding any general or special law to the contrary but subject to section 38 of chapter 7C of the General Laws, the commissioner, on behalf of and in consultation with the president, may grant easements over portions of the college campus to Opportunity Works as follows:
(i) to construct, maintain, repair and replace a driveway and parking lot within the area marked as “proposed access, parking and utility easement” as shown on a plan entitled “Opportunity Works site layout plan” which is on file with the division;
(ii) to install, maintain, repair and replace underground electrical lines within the area marked as “20’ wide utility easement” as shown on a plan entitled “easement plan” which is on file with the division;
(iii) to install, maintain, repair and replace sewer lines to connect the Opportunity Works property with existing sewer lines on the college campus within the area marked as “municipal services easement” as shown on the plan referenced in clause (ii); and
(iv) to use roads now or hereafter located on the college campus for vehicular and pedestrian access and egress to the Opportunity Works property.
(b) The exact boundaries of the easements described in subsection (a) shall be determined by the commissioner, in consultation with the president, after completion of an independent professional appraisal and survey; provided, however, that any deed conveying the parcel shall contain the restrictions required in subsection (c). The consideration for the easement shall be the right of the college to access and utilize the above-referenced underground electrical and sewer lines, the right to enter into leases of space in any building now or hereafter located on the Opportunity Works property as provided in section 3 and the right of first refusal as provided in section 5.
(c) A grant of easement or any other agreement pertaining to an easement described in subsection (a) shall include, without limitation, the following conditions:
(i) a reservation, in perpetuity, for the college to use the driveway and parking lot described in clause (i) of subsection (a);
(ii) a reservation, in perpetuity, for the college to connect to the underground electrical lines in the easement described in said clause (ii) of said subsection (a) to provide lighting for the college’s athletic fields and other facilities; and
(iii) requirements that Opportunity Works: (i) construct the driveway and parking lot identified in said clause (i) of said subsection (a) in a good and workmanlike manner; (ii) install the utilities identified in said clause (ii) of said subsection (a) in a good and workmanlike manner; (iii) repair and repave any road areas disturbed or damaged as a result of the installation or maintenance, repair or replacement of the parking lot or utility lines; (iv) utilize the easement solely for the purposes set forth in said subsection (a) as determined by the commissioner.
(d) Opportunity Works shall not convey, assign or otherwise transfer its rights to any easement authorized in this act without the express written approval of the commissioner and the president. If any such easement ceases to be used or is used for any purposes other than those authorized in this act, the commissioner may, after notice and an opportunity to cure, terminate such easement and impose such other terms and conditions as the commissioner, in consultation with the president, deems appropriate.
(e) An easement under this act shall be granted without warranties or representations by the commonwealth.
SECTION 3. Notwithstanding any general or special law to the contrary but subject to section 38 of chapter 7C of the General Laws, the commissioner, on behalf of and in consultation with the president, may enter into leases of space in any building now or hereafter located on the Opportunity Works property on such terms and conditions as the commissioner, in consultation with the president, deems appropriate.
SECTION 4. Notwithstanding any general or special law to the contrary, sections 43 to 57, inclusive, of chapter 7C of the General Laws and sections 44A to 44J, inclusive, of chapter 149 of the General Laws and any other general or special law relating to the advertising, bidding or awarding of contracts or to the procurement of services or to the construction and design of improvements on property owned by the commonwealth shall not be applicable to construction undertaken by Opportunity Works within the easements described in section 2 or to build out any space leased by the college pursuant to section 3, except that the design of and plans and specifications for any such improvements to be constructed by the lessee shall be subject to the review and approval of the commissioner and the president.
SECTION 5. Notwithstanding any general or special law to the contrary but subject to section 38 of chapter 7C of the General Laws, the commissioner, on behalf of the college, shall have the right of first refusal to purchase, lease or otherwise acquire an interest in the Opportunity Works property in the event that Opportunity Works intends to sell, lease, convey or otherwise transfer all or any portion of the Opportunity Works property. If Opportunity Works intends to sell, lease, convey or otherwise transfer all or any portion of the Opportunity Works property, Opportunity Works shall provide written notice of such intent to the commissioner and the president. The notice shall include, without limitation, a description of the portion of the Opportunity Works property which Opportunity Works intends to sell, lease, convey or otherwise transfer. The commissioner, in consultation with the president, shall have not less than 90 days to notify Opportunity Works that the commissioner intends to acquire the property for a purchase price to be determined by independent appraisal. If the commissioner notifies Opportunity Works that the commonwealth intends to acquire the property, the commissioner shall have not less than 90 days from the date of its notice to complete the purchase.
SECTION 6. Notwithstanding any general or special law to the contrary, Opportunity Works 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 in this act as such costs may be determined by the commissioner. Upon conveyance of an easement pursuant to this act, Opportunity Works shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of such easement.
Approved, April 18, 2014.