Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4795 Compare Versions

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

Old	New	Differences
1	1	1 of 5
2	2	HOUSE . . . . . . . . No. 4795
3	3	The Commonwealth of Massachusetts
4	4	________________________________________
5	5	HOUSE OF REPRESENTATIVES, June 26, 2024.
6	6	The committee on House Ways and Means to whom was referred the
7	7	Bill authorizing the Division of Capital Asset Management and
8	8	Maintenance to convey certain land in the town of Lancaster to Robert F.
9	9	Kennedy Community Alliance, Inc. (House, No. 3070), reports
10	10	recommending that the same ought to pass with an amendment
11	11	substituting therefor the accompanying bill (House, No. 4795).
12	12	For the committee,
13	13	AARON MICHLEWITZ.
14	14	2 of 5
15	15	FILED ON: 6/26/2024
16	16	HOUSE . . . . . . . . . . . . . . . No. 4795
17	17	The Commonwealth of Massachusetts
18	18	_______________
19	19	In the One Hundred and Ninety-Third General Court
20	20	(2023-2024)
21	21	_______________
22	22	An Act authorizing the Division of Capital Asset Management and Maintenance to convey
23	23	certain land in the town of Lancaster to Robert F. Kennedy Community Alliance, Inc.
24	24	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
25	25	forthwith authorize the transfer of a certain parcel of land in the town of Lancaster to Robert F.
26	26	Kennedy Community Alliance, Inc., therefore it is hereby declared to be an emergency law,
27	27	necessary for the immediate preservation of the public convenience.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
31	31	2General Laws or any other general or special law to the contrary, the commissioner of capital
32	32	3asset management and maintenance may convey to Robert F. Kennedy Community Alliance,
33	33	4Inc. or its successor a certain parcel of land described in section 1 of chapter 185 of the acts of
34	34	52000, originally leased to Robert F. Kennedy Children’s Action Corps, Inc. pursuant to said
35	35	6chapter 185, in the town of Lancaster, containing approximately 25 acres and is a portion of the
36	36	7property described in deeds recorded in the Worcester registry of deeds in: (i) book 639, page
37	37	8254; (ii) book 639, page 255; (iii) book 549, page 192; (iv) book 549, page 194; and (v) book
38	38	92642, page 485. The parcel is shown as “Robert F. Kennedy Children’s Action Corps Lease
39	39	10Area” on a plan of land entitled, “Lancaster Complex South Bolton & Old Common Roads 3 of 5
40	40	11Lancaster & Bolton, Massachusetts” prepared by Design Professionals, Inc. and dated November
41	41	122, 2018, and is on file with the department of capital asset management and maintenance. The
42	42	13final boundaries of the parcel may be determined by the commissioner of capital asset
43	43	14management and maintenance.
44	44	15 (b) The parcel conveyed pursuant to subsection (a) shall be used by Robert F. Kennedy
45	45	16Community Alliance, Inc. and its successors and assigns to: (i) care for the children entrusted to
46	46	17it by the commonwealth; (ii) support and enhance its mission of promoting meaningful and
47	47	18sustained well-being for children, youth and adults facing educational, developmental, mental
48	48	19health or other challenges; and (iii) care for the land. The parcel shall be conveyed by deed
49	49	20without warranties or representations by the commonwealth. The conveyance shall be subject to
50	50	21such additional conditions and restrictions as the commissioner of capital asset management and
51	51	22maintenance may determine.
52	52	23 (c)(1) The deed or other instrument conveying the parcel to Robert F. Kennedy
53	53	24Community Alliance, Inc. or its successor shall provide that the parcel shall be used for the
54	54	25purposes in subsection (b) and shall include a reversionary clause that stipulates that if the parcel
55	55	26ceases at any time to be used for said purposes of subsection (b) by Robert F. Kennedy
56	56	27Community Alliance, Inc. or its successors and assigns, title to the parcel shall, at the election of
57	57	28the commonwealth, revert to the commonwealth. If any interest reverts to the commonwealth,
58	58	29any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the
59	59	30General Laws and the prior approval of the general court.
60	60	31 (2) Notwithstanding the time limit set forth in section 7 of chapter 184A of the General
61	61	32Laws, any reversionary clause pursuant to paragraph (1) shall be enforceable. 4 of 5
62	62	33 SECTION 2. The consideration for the conveyance of the parcel described in section 1
63	63	34shall be nominal consideration.
64	64	35 SECTION 3. (a) Notwithstanding any general or special law to the contrary, Robert F.
65	65	36Kennedy Community Alliance, Inc. or its successor shall be responsible for all costs and
66	66	37expenses of any transaction authorized in section 1 as determined by the commissioner of capital
67	67	38asset management and maintenance, including, but not limited to, the costs of any engineering,
68	68	39surveys, appraisals, title examinations, recording fees and deed preparation related to the
69	69	40conveyance of the parcel. Robert F. Kennedy Community Alliance, Inc. or its successor shall
70	70	41acquire the property in its present condition. Upon the recording of the deed conveying the parcel
71	71	42to Robert F. Kennedy Community Alliance, Inc., Robert F. Kennedy Community Alliance, Inc.
72	72	43and its successors and assigns shall be responsible for all costs, liabilities and expenses for its
73	73	44ownership.
74	74	45 (b) Notwithstanding any general or special law to the contrary, Robert F. Kennedy
75	75	46Community Alliance, Inc. and its successors and assigns shall be responsible for all costs,
76	76	47liabilities and expenses as a result of events occurring after the execution of the lease authorized
77	77	48in section 1 of chapter 185 of the acts of 2000 and recorded in the Worcester registry of deeds in
78	78	49book 36672, page 50, including, but not limited to, any environmental remediation necessary,
79	79	50and the obligation of the Robert F. Kennedy Community Alliance, Inc. to indemnify the
80	80	51commonwealth for certain environmental damages pursuant to section 8.3 of article 8 of said
81	81	52lease shall survive the termination of said lease. No agreement for the sale, transfer or other
82	82	53disposition of the property and no deed executed by or on behalf of the commonwealth, shall be
83	83	54valid unless the agreement or deed contains a restatement of the first sentence of this subsection. 5 of 5
84	84	55 SECTION 4. The lease authorized by section 1 of chapter 185 of the acts of 2000 shall
85	85	56terminate upon acceptance of the deed or other instrument conveying the parcel to Robert F.
86	86	57Kennedy Community Alliance, Inc. or its successor by said Robert F. Kennedy Community
87	87	58Alliance, Inc. or its successor.