Resolve, Authorizing the Commissioner of Administrative and Financial Services To Convey the Department of Labor Building at Union Street in Augusta
Maine Legislature, Session 122, LD 1871
Committee: State and Local Government
Sponsors: BARSTOW

Legislative Document 
No.lS7l 
H.P.1311 
House of Representatives, January 3, 2006 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Convey the Department of Labor Building at 
Union Street in Augusta 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
111~ 
1I7.7i/oc~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BARSTOW of Gorham. (GOVERNOR'S BILL) 
Printed on recycled paptr 
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Sec. 1. Definitions. Resolved: That, as used in this resolve, the following terms 
have the following meanings. 
I. 
"Commissioner" means the Commissioner of Administrative and Financial 
Services. 
2. "State property" means the real and personal property described in sections 3 and 
of this resolve. 
For purposes of this resolve, the terms "lease" and "ground lease" are used 
interchangeably; and be it further 
Sec. 2. Authority to convey property. Resolved: That the State, by and 
through the commissioner, may: 
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I. Enter into ground leases of the real property described in section 3; 
2. Convey title to the building described in section 4 subject to surrender to the State 
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upon termination of the lease; and 
3. 
Negotiate, draft, execute and deliver any rights that, in the commissioner's 
discretion, may contribute to the value of a proposed lease or are essential to the 
operation of a building located on the leased property; and be it further 
Sec. 3. 
Property interests that may be leased. 
Resolved: 
That the 
commissioner may enter into ground leases for the following real property: 
The site occupied by the Department of Labor building at 19 Union Street, Augusta. 
Maine, as depicted on the City of Augusta Tax Map 32, Lot 58, together with such 
additional land and parking areas as may facilitate operation of the building and are not 
required by the State for operation of surrounding state facilities. 
The amount of land and the boundary of the state property leased or sold pursuant to 
this resolve must be determined by the commissioner, in the commissioner's sole 
discretion, to be in the best interest of the State. 
The state property may be leased for a term of up to 90 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. Building that may be conveyed. Resolved: That the Department of 
Labor building at 19 Union Street in Augusta may be conveyed. The building must be 
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conveyed with restrictions on its use and subject to surrender to the State upon 
termination of the lease under section 3; and be it further 
Sec. 5. Property to be sold as is. Resolved: That the commissioner may 
negotiate and execute leases, ground leases and purchase and sale agreements upon terms 
the commissioner considers appropriate; however, the state property must be sold or 
leased "as is," with no representations or warranties. 
Title to the building must be transferred by bill of sale with no covenants and 
executed by the commissioner; and be it further 
Page I - 122LR3061(1)-1 
Sec. 6. 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. 7. Appraisal. Resolved: That the commissioner shall have the current 
market value of the state property determined by an independent appraiser. 
The 
commissioner may list the property for lease and building for sale with private real estate 
brokers, may solicit bids or proposals, may conduct a "Request for Qualification" process 
to select a developer or may enter directly into leases with tenants. The commissioner 
may reject any offers. 
The commissioner shall establish the rent and the terms of lease or sale. 
II 
If the commissioner elects to solicit bids, proposals or qualifications, the 
commissioner shall publish notices sufficient to advertise the property for lease and 
buildings for lease or sale. The commissioner may reject any bids; and be it further 
Sec. 8. Proceeds. Resolved: That any rental or lease proceeds that accrue to the 
State in excess of operating and capital costs must be deposited into the General Fund 
undedicated revenue account. 
Any proceeds from sale of the Department of Labor 
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building at ) 9 Union Street must be used to purchase the building from the United States 
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Department of Labor to extinguish the United States Government's interest in the 
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property; and be it further 
Sec. 9. Repeal. Resolved: That this resolve is repealed 5 years from the effective 
date. 
SUMMARY 
This resolve authorizes the Commissioner of Administrative and Financial Services 
to enter into long-term ground leases and to convey the Department of Labor building at 
Union Street in Augusta, subject to surrender to the State upon termination of the 
ground lease.