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.
The commissioner of the division of capital asset
management and maintenance, in consultation with the armory commission,
may, notwithstanding the provisions of sections 40F, 40H and 40I, of
chapter 7 of the General Laws, convey to the city of Malden for nonprofit
recreational, educational or community use, the parcel of land and building
situated thereon used as a state armory and commonly known as the Malden armory
property. Said parcel
being the same taken by said armory commission
on October 30, 1907. The filing of a description of said land
for the record in the Middlesex Southern district registry of deeds,
recorded in
Book 3334, Page 501 and by a plan of the same entitled, "Plan of the Armory
Lot Malden, Massachusetts", dated October 16, 1907.
The consideration for the conveyance authorized by this act shall be the full
and fair market value of the property, taking into consideration and account
the use, restriction, value of any real estate said city of Malden may add to
the Malden Armory Project by the city and the Malden Housing
Authority
for public use the value of any in-kind services to be provided by said city of
Malden,
any quasi-governmental agency, or any successor in title to said city
of
Malden.
There shall be an independent appraisal for use as described in this act of
the fair market value of the property conveyed by the commonwealth to the city
as consideration. The inspector general shall review and approve said
appraisal and shall include an examination of the methodology utilized for the
appraisal. Said inspector general shall prepare a report of his review and
approval and file said report with said commissioner for submission to the
house and senate committees on ways and means and the chairmen of the joint
committee on state administration in accordance with this act. Said
commissioner shall, 30 days before the execution of any agreement authorized
by this act, or any subsequent amendment thereof, submit the agreement or
amendment and a report thereon to said inspector general for his review and
comment. Said inspector general shall issue his review and comment within
15 days of receipt of any agreement or amendment. Said commissioner shall
submit
the agreement and subsequent amendments thereof, the reports and the comments
of said inspector general, if any, to the house and senate committees on ways
and means and to the chairmen of the joint committee on state administration at
least 15 days before execution.
SECTION 2.
The city of Malden shall pay as part of the consideration
described in section 1, the sum of $500,000 in the
following manner. In fiscal year 2001 to 2005, inclusive,
the city's lottery distribution from the State Lottery Fund under the
provisions of section 35 of chapter 10 of the General Laws
shall be reduced
by $100,000.
SECTION 3.
If the property is not used for the purposes described in
this act, or is used for any other purpose, upon notice by
the
commissioner of the division of capital asset management and maintenance, the
property shall
revert to the care and control of the commonwealth through said division,
under the care and control of the
armory commission, and any further disposition of the property shall be subject
to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
SECTION 4.
The city of Malden shall pay all expenses associated with
and any cost of appraisals, surveys and other expenses relating to the
transfer of the land, and any cost and liabilities and expenses of any nature
and kind for its ownership, maintenance or operation.
Approved August 10, 2000.