AN ACT AUTHORIZING THE LEASING OF A CERTAIN PARCEL OF LAND IN THE CITY OF GARDNER
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the commonwealth to lease a certain parcel of land in the city of Gardner, 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. (a) Notwithstanding sections 32 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, in consultation with the board of higher education and the vice president of finance and administration of Mount Wachusett Community College, may lease to Heywood Healthcare, Inc. for a term of 30 years, with options to renew for 2 additional 10-year terms, an approximately 4.1784 acre parcel of land situated on the easterly side of Green street in the city of Gardner on a certain portion of land described in a deed recorded at the Worcester district registry of deeds in book 4754, page 229 and further described on a plan of land entitled “Plan showing proposed conveyance from the Commonwealth of Massachusetts (Board of Regional Community Colleges) to Henry Heywood Memorial Hospital” dated February 20, 2020, to be recorded in the Worcester district registry of deeds.
(b) The parcel that may be leased pursuant to subsection (a) is bound and described as follows: commencing at the northwesterly corner of land of Henry Heywood Memorial Hospital in the easterly line of Green street, as laid out by the commonwealth, layout #6004; thence northerly by said layout line by a curve to the right having a radius of 1997.20 feet, an arc length of 2.29 feet; thence N71⁰ 12’25”E, by said layout 35.13 feet to an angle in said road line and being the southwesterly corner of the parcel herein described and the true point of beginning; thence northerly by said layout line by a curve to the right having a radius of 1962.20 feet, an arc length of 370.54 feet to a point of tangency; thence N2⁰ 59’10”W, 607.96 feet to a corner of other land of the commonwealth; thence S26⁰ 07’18”E, by said commonwealth land 960.09 feet to a stone bound at the northeasterly corner of the aforementioned land of Henry Heywood Memorial Hospital; thence S71⁰ 21’52”W, by said hospital land 390.17 feet to the easterly line of Green street and the point of beginning.
SECTION 2. (a) The use of the parcel, if leased pursuant to section 1, shall be restricted to use solely for additional parking at Henry Heywood Memorial Hospital.
(b) Any lease agreement executed pursuant to section 1 shall provide that the parcel shall be used solely for the purposes described in this section and shall only be valid if it further provides that if, for any reason, the parcel ceases to be used for the purpose described in this section, the commonwealth may terminate the lease under such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and the vice president of finance and administration of Mount Wachusett Community College, may prescribe.
SECTION 3. The consideration for the lease authorized in section 1 shall be based on the full and fair market value of the parcel to be leased, as determined by the division of capital asset management and maintenance based upon an independent professional appraisal pursuant to section 6.
SECTION 4. A lease agreement entered into pursuant to this act by or on behalf of the commonwealth shall be on such terms and conditions as the division of capital asset management and maintenance, in consultation with the board of higher education and the vice president of finance and administration of Mount Wachusett Community College, deems appropriate. Any such lease agreement shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as an additional insured, protecting the commonwealth against all personal injury or property damage occurring on the parcel during the term of the lease. The lessee shall indemnify and hold the commonwealth and Mount Wachusett Community College harmless for any and all personal injury or property damage caused or suffered by the lessee, its clients or agents.
SECTION 5. Notwithstanding any general or special law to the contrary, Heywood Healthcare, Inc., as lessee, shall be responsible for all costs and expenses of any transaction authorized by this act as determined by the commissioner of capital asset management and maintenance, including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the parcels. The lessee shall also be responsible 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, in consultation with the vice president of finance and administration of Mount Wachusett Community College.
SECTION 6. An independent appraisal of the fair market value and value in use of the parcel described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. Consideration for the grant of the above-described interest shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner, and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee. The commissioner shall submit the appraisal to the inspector general for the inspector general’s review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare and file a report of this review with the commissioner for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisal and the inspector general’s report and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the lease agreement pursuant to this act.
Approved, October 27, 2022.