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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND IN THE CITY OF NORTHAMPTON.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith authorize the transfer of a certain parcel of land in the city of Northampton, 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 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey a certain parcel of land in the city of Northampton owned by the commonwealth and identified, on the Northampton assessor database, as parcel ID 32A-127-001 and commonly known as 33 King street, with any building thereon, to the city of Northampton pursuant to this act. The parcel is a portion of the land acquired in instruments recorded with the Hampshire registry of deeds in book 1664, page 336, book 1682, page 297 and book 1927, page 206 for courthouse purposes. The exact location and boundaries of the parcel to be conveyed shall be determined by the commissioner of capital asset management and maintenance based upon a survey. The use of the parcel to be conveyed to the city shall not be restricted to use for municipal or other specific purposes; provided, however, that the city may so restrict the parcel at a later date, in accordance with any applicable general and special laws. The parcel shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2.  As consideration for the conveyance of the parcel described in section 1, the city of Northampton shall pay the commonwealth $1.

SECTION 3.  If the city of Northampton sells or leases any portion of the parcel described in section 1, the net proceeds from such sale or lease as determined by the city of Northampton and agreed to by the commissioner of capital asset management and maintenance shall be allocated between the city of Northampton and the commonwealth in equal shares; provided, however, that the commissioner may agree to reduce the share of the commonwealth’s proceeds to not less than 40 per cent of the net proceeds in order to provide certain incentives to the city to sell or lease the parcel expeditiously. If the net proceeds, as so determined, is a negative amount, the commonwealth shall not be required to make any payments to the city of Northampton.

SECTION 4.  Notwithstanding any general or special law to the contrary, the city of Northampton shall pay for all costs and expenses of the sale of the parcel to the city of Northampton pursuant to this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any recording fees and deed preparation related to the conveyance and all costs, liabilities and expenses of any nature and kind related to the city’s ownership of the parcel; provided, however, that such costs shall be included for the purposes of determining the net proceeds of the city’s sale or lease of any portion of the parcel described in section 1. Amounts paid by the city of Northampton pursuant to section 2 shall not be included for the purposes of determining the net proceeds from a sale or lease.

SECTION 5.  If the city of Northampton does not complete the purchase of the property described in section 1 on or before December 31, 2021, then notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner may sell, lease for terms of up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property described in section 1 or portions thereof, subject to this section and on such terms and conditions that the commissioner considers appropriate.

The commissioner of capital asset management and maintenance shall dispose of the parcel pursuant to this section using appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the parcel are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the parcel, the nature of the competitive bidding process and other information that the commissioner considers relevant, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals.

Notwithstanding any general or special law to the contrary, the grantee or lessee of the parcel described in section 1 pursuant to this section shall be responsible for costs and expenses including, but not limited to, costs associated with deed preparation and recording fees related to the conveyances and transfers authorized in this section as such costs may be determined by the commissioner of capital asset management and maintenance.

Approved, January 13, 2021.