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