Resolve, Authorizing the Commissioner of Administrative and Financial Services on Behalf of the State To Convey Title and Other Interests in the Stone Buildings Formerly Occupied by the Augusta Mental Health Institute
Maine Legislature, Session 123, LD 2282
Committee: State and Local Government
Sponsors: BARSTOW, SCHNEIDER, JOY, BENOIT

Legislative Document 
No. 2282 
H.P.1647 
House of Representatives, March 27, 2008 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services on Behalf of the State To Convey Title and Other 
Interests in the Stone Buildings Formerly Occupied by the Augusta 
Mental Health Institute 
Reference to the Committee on State and Local Government suggested and ordered printed. 
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/J7.1lldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BARSTOW of Gorham. (GOVERNOR'S BILL) 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representative: JOY of Crystal, Senator: BENOIT of Sagadahoc. 
Prillled on re<.:ydeLi paper 
Sec. 1. Definitions. Resolved: That, as used in this resolve, 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 sections 3 and 
of this resolve. 
In this resolve, the terms "lease" and "ground lease" are used interchangeably; and be 
it further 
Sec. 2. Authority to convey property. Resolved: That, notwithstanding any 
other provision of law, the State by and through the commissioner may: 
1. Enter into ground leases of the real property described in section 3; 
2. Convey title to the buildings described in section 4 subject to surrender to the State 
upon termination of any ground lease; and 
3. Negotiate, draft, execute and convey any rights that, in the commissioner's 
discretion, may contribute to the value of a proposed ground 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 
formerly occupied by the Augusta Mental Health Institute on which stand the buildings 
known as the Stone Buildings, the Administration Building and the Center Building, 
together with such additional land and parking areas as may facilitate operation of the 
buildings and are not required by the State for operation of the East Campus. 
The amount of property and the boundary of the property leased pursuant to this 
resolve must be those that the commissioner, in the commissioner's sole discretion, 
determines 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. Buildings that may be conveyed. Resolved: That the following 
buildings may be conveyed: the Stone Buildings, the Administration Building, the Center 
Building and other buildings attached to or associated with the former Augusta Mental 
Health Institute complex. The buildings must be conveyed subject to such terms and 
conditions and restrictions as the commissioner determines are in the best interest of the 
State, including but not limited to appropriate lease options and restrictions on use of the 
buildings. Each conveyance must be subject to surrender to the State upon termination of 
any ground lease under section 3; and be it further 
Page I - 123LR3594(Ol)-1 
Sec. 5. 
Property to be leased or conveyed as is. 
Resolved: 
That the 
commissioner may negotiate and execute leases, ground leases and purchase and sale 
agreements upon such terms and conditions the commissioner considers appropriate; 
however, the state property must be conveyed or leased "as is," with no representations or 
warranties. 
Title to the buildings must be transferred by quitclaim deed without covenants and 
executed by the commissioner; and be it further 
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 buildings for sale with private real estate 
brokers, may solicit bids or proposals, may conduct a request for qualification process to 
select a developer and may enter directly into a sale or ground lease. The commissioner 
may reject any offer, bid or proposal. 
The commissioner shall establish any rent and the terms of lease or sale. 
If the commissioner elects to solicit bids, proposals or qualifications, the 
commissioner shall publish notices sufficient to advertise the properties for lease and 
buildings for lease or sale. The commissioner may reject any offer, bid or proposal; 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 and costs described under the Maine 
Revised Statutes, Title 5, section 1784 must be deposited into the General Fund 
undedicated revenue account. 
Any proceeds from the sale of the Stone Buildings, the Administration Building and 
the Center Building must be deposited into the Department of Administrative and 
Financial Services, Bureau of General Services capital repair and improvement account to 
be used for capital repairs and improvements as designated by the commissioner in the 
East Campus in Augusta as described in Title 1, section 814, subsection 2, paragraph B; 
and be it further 
Sec. 9. Repeal. Resolved: That this resolve is repealed 5 years after its effective 
date. 
SUMMARY 
This resolve authorizes the Commissioner of Administrative and Financial Services 
to enter into long-term ground leases of the following sites and to convey the following 
buildings, subject to surrender to the State upon termination of the ground leases: the 
Stone Buildings, the Administration Building and the Center Building, collectively 
known as the Stone Buildings and fonnerly occupied by the Augusta Mental Health 
Institute. 
The action authorized in this resolve was part of the initiative to streamline State 
Government established in Public Law 2007, chapter 240, Part QQQ. The content of this 
resolve was included in the supplemental budget, Legislative Document 2173, but was 
removed from the budget because the Constitution of Maine prohibits the inclusion in an 
emergency bill of a provision for the sale or renting for more than 5 years of real estate.