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Second Regular Session of the 120th

S.P. 675 - L.D. 1878

Resolve, Authorizing the Commissioner of Administrative and Financial Services to Lease the Interests of the State in Property at the Long Creek Youth Development Center in South Portland

     Sec. 1. Definitions. Resolved: That, as used in this resolve, unless the context otherwise indicates, the following terms have the following meanings.

     1. "Commissioner" means the Commissioner of Administrative and Financial Services.

     2. "State property" means the real and personal property described in section 3 of this resolve; and be it further

     Sec. 2. Authority to lease property. Resolved: That the State, by and through the commissioner, may:

     1. Lease the interests of the State in state property; and

     2. Negotiate, draft, execute and deliver any easements or other rights that, in the commissioner's discretion, may contribute to the value of a proposed lease of the State's interest; and be it further

     Sec. 3. Property interest that may be conveyed. Resolved: That the state property authorized to be leased is the following:

     That portion of Book 243, Page 197, recorded in the Cumberland County Registry of Deeds, that is determined by the commissioner and the Commissioner of Corrections to be unnecessary to the present or future operation of the Long Creek Youth Development Center.

     The state property may be leased for a term of up to 50 years in whole or in part, at the discretion of the commissioner, subject to such permits or approvals as may be required by law; and be it further

     Sec. 4. Property to be leased as is. Resolved: That the commissioner may negotiate and execute leases, including ground leases, upon those terms the commissioner considers appropriate; however, the state property must be leased as is, without any representations or warranties; and be it further

     Sec. 5. Exemptions. Resolved: That any lease pursuant to this resolve is exempt from any statutory or regulatory requirement that the property first be offered to the Maine State Housing Authority or another state or local agency; and be it further

     Sec. 6. Purchase price. Resolved: That the commissioner may list the property for lease with private real estate brokers, solicit bids or enter directly into leases with tenants. The commissioner may reject any offers.

     The commissioner shall establish the rent and the terms of lease.

     If the commissioner elects to solicit bids, the commissioner shall publish notices sufficient to advertise the property for lease. The commissioner may reject any bids; and be it further

     Sec. 7. Proceeds. Resolved: That any rental or lease proceeds that accrue to the State in excess of operating costs must be deposited into the General Fund undedicated revenue account.

Effective July 25, 2002, unless otherwise indicated.

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