Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3070 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2512 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3070
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Meghan Kilcoyne and John J. Cronin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the Division of Capital Asset Management and Maintenance to convey
13	13	certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc..
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan Kilcoyne12th Worcester1/19/2023John J. CroninWorcester and Middlesex1/19/2023 1 of 4
17	17	HOUSE DOCKET, NO. 2512 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3070
19	19	By Representative Kilcoyne of Clinton and Senator Cronin, a joint petition (accompanied by bill,
20	20	House, No. 3070) of Meghan Kilcoyne and John J. Cronin that the commissioner of the Division
21	21	of Capital Asset Management and Maintenance be authorized to convey certain land in the town
22	22	of Lancaster to Robert F. Kennedy Community Alliance, Inc.. State Administration and
23	23	Regulatory Oversight.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act authorizing the Division of Capital Asset Management and Maintenance to convey
30	30	certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc..
31	31	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
32	32	forthwith authorize the transfer of a certain parcel of land in the town of Lancaster to Robert F.
33	33	Kennedy Community Alliance, Inc., therefore it is hereby declared to be an emergency law,
34	34	necessary for the immediate preservation of the public convenience.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 Chapter 185 of the acts of 2000 is hereby amended by inserting after section 5 the
38	38	2following 2 sections:-
39	39	3 SECTION 5A. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
40	40	4General Laws or any other general or special law to the contrary, the commissioner of capital
41	41	5asset management and maintenance shall convey a certain parcel of land, originally leased to
42	42	6Robert F. Kennedy Children’s Action Corps, Inc. pursuant to section 1, in the town of Lancaster,
43	43	7containing approximately 25 acres and is a portion of the property described in deeds recorded in
44	44	8the Worcester registry of deeds in: (i) book 639, page 254, (ii) book 639, page 255, (iii) book 2 of 4
45	45	9549, page 192, (iv) book 549, page 194 and (v) book 2642, page 4852, to said Robert F. Kennedy
46	46	10Children’s Action Corps, Inc. or its successor. The parcel is more particularly described in
47	47	11section 1 and is shown as “Robert F. Kennedy Children’s Action Corps Lease Area” on a plan
48	48	12entitled, “Lancaster Complex” prepared by Design Professionals, Inc. and dated November 2,
49	49	132018, which plan is on file with the department of capital asset management and maintenance.
50	50	14The final boundaries of the parcel may be determined by the commissioner of capital asset
51	51	15management and maintenance.
52	52	16 The parcel being conveyed shall be used by Robert F. Kennedy Community Alliance,
53	53	17Inc. and its successors and assigns to: (1) care for the children entrusted to it by the
54	54	18commonwealth, (2) support and enhance its mission of promoting meaningful and sustained
55	55	19well-being for children, youth, and adults facing educational, developmental, mental health or
56	56	20other challenges, and (3) care for the land. The parcel shall be conveyed by deed without
57	57	21warranties or representations by the commonwealth. The conveyance shall be subject to such
58	58	22additional conditions and restrictions as the commissioner of capital asset management and
59	59	23maintenance may determine.
60	60	24 (b) The deed or other instrument conveying the parcel to Robert F. Kennedy Community
61	61	25Alliance, Inc. or its successor shall provide that the parcel shall be used for the purposes in
62	62	26subsection (a) and shall include a reversionary clause that stipulates that if the parcel ceases at
63	63	27any time to be used for the said purposes of subsection (a) by Robert F. Kennedy Community
64	64	28Alliance, Inc. and its successors and assigns, title to the parcel shall, at the election of the
65	65	29commonwealth, revert to the commonwealth. If any interest reverts to the commonwealth, any
66	66	30further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General 3 of 4
67	67	31Laws and the prior approval of the general court. The reversionary clause shall be enforceable
68	68	32notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws.
69	69	33 (c) The consideration for the conveyance of the parcel pursuant to this section shall be
70	70	34nominal consideration.
71	71	35 (d) Notwithstanding any general or special law to the contrary, Robert F. Kennedy
72	72	36Community Alliance, Inc. or its successor shall be responsible for all costs and expenses of any
73	73	37transaction authorized by this section as determined by the commissioner of capital asset
74	74	38management and maintenance including, but not limited to, the costs of any engineering,
75	75	39surveys, appraisals, title examinations, recording fees and deed preparation related to the
76	76	40conveyance of the parcel. Robert F. Kennedy Community Alliance, Inc. or its successor shall
77	77	41acquire the property thereon in its present condition. Upon the recording of the deed conveying
78	78	42the parcel to Robert F. Kennedy Community Alliance, Inc., Robert F. Kennedy Community
79	79	43Alliance, Inc. and its successors and assigns shall be responsible for all costs, liabilities and
80	80	44expenses for its ownership.
81	81	45 (e) Notwithstanding any general or special law to the contrary, Robert F. Kennedy
82	82	46Community Alliance, Inc. and its successors and assigns shall be responsible for all costs,
83	83	47liabilities and expenses for as a result of events occurring after the execution of the lease
84	84	48authorized in section 1 and notice recorded in the Worcester registry of deeds in book 36672,
85	85	49page 50, including, but not limited to, any environmental remediation necessary, and the
86	86	50obligation of the Robert F. Kennedy Community Alliance, Inc. to indemnify the commonwealth
87	87	51for certain environmental damages pursuant to section 8.3 of article 8 of said lease shall survive
88	88	52the termination of said lease. No agreement for the sale, transfer or other disposition of the 4 of 4
89	89	53property and no deed executed by or on behalf of the commonwealth, shall be valid unless the
90	90	54agreement or deed contains a restatement of the first sentence of this subsection.
91	91	55 SECTION 5B. The lease authorized by section 1 shall terminate upon acceptance of the
92	92	56deed or other instrument conveying the parcel to Robert F. Kennedy Community Alliance, Inc.
93	93	57or its successor by said Robert F. Kennedy Community Alliance, Inc. or its successor.