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Massachusetts Board of Library Commissioners Resource Guide Collection

MPLCP Construction 2016: Project Site/Land

Project Site

Each proposed project must be located on a particular piece of land. The schematic design is specific to its site and cannot be moved after an application has been submitted.

 

Ownership and valuation of land

The application form for the Public Library Construction Program requires the library to include (in Appendix A) a copy of the Title/Deed to the property. If the library has not yet gained final ownership of land, the following conditions must be met for the project to proceed.

  • Existing Library Building

Documenting Ownership – deed showing clear title to land
Establishing Value to Claim Eligible Cost – n/a
Deadline – January 26, 2017

  • Acquired from Town or School Owned Land

Documenting Ownership – can be contingent on receiving a construction grant

Official town meeting or vote of select board, school board or other town entity that administers the property that defines the site and authorizes transfer of land for the project

Establishing Value

Get three land appraisals from a real estate agent and use the middle appraisal
OR
Use city/town assessor’s valuation

Claim up to $800,000 as an eligible cost

Value of existing structures cannot be claimed
Only land for the library structure and associated dedicated parking
Only land acquired since January 26, 2014 is eligible

Deadline - January 26, 2017

  • Gifted

Documenting Ownership – can be contingent on receiving a construction grant

A formal agreement between the donor and town is required. It must include:

Confirming the Gift
Defining the site
Value of site

Establishing Value

Get three land appraisals from a real estate agent and use the middle appraisal
OR
Use city/town assessor’s valuation

Claim up to $800,000 as an eligible cost

Value of existing structures cannot be claimed
Only land for the library structure and associated dedicated parking
Only land acquired since January 26, 2014 is eligible

Deadline  - January 26, 2017 to claim as an eligible cost

Clear title by date of signing contract with MBLC

  • Purchased from a Seller

Documenting Ownership – can be contingent on receiving a construction grant

Purchase and sale agreement between the town and the seller

Establishing Value

Value as stated in purchase and sale agreement can be claimed as an eligible cost
Only land acquired since January 26, 2014 is eligible

Deadline – Signed purchase and sale agreement by January 26, 2017 if claimed as an eligible cost

Clear title by date of signing contract with MBLC

  • Leased Land

Documenting Ownership in Application – can be contingent on receiving a construction grant

Lease agreement between the municipality and documented owner
Duration of least 99 years
Lease payments are not an eligible cost

Deadline - January 26, 2017

 

Clear title or a lease of at least 99 years must be obtained prior to signing a grant contract with the Board of Library Commissioners. A title search is required to confirm that property is without any claims by others and there is no history of past claims which might affect the ownership. Include confirmation of a clear title or lease agreement and all supporting documentation in Appendix A.

From 605 CMR 6

Excerpts from the Regulations for the Massachusetts Public Library Construction Program regarding land:

605 CMR 6.05(2)(d):

“For construction projects, [the Applicant must] agree to the following assurances set forth in the construction grant agreement…:

35. that the Applicant has clear title to the project site or a lease of at least 99 years;

36. that the project site will remain as described in the application and approved at the time of award or Waiting List placement”

 

605 CMR 6.02, Definitions:

“Approved Site. The site as approved by the municipality prior to application and specified at the time of application. The approved site is the only site that may be used in the building project; it may be changed only with prior approval by the Board and only as the result of circumstances entirely unforeseen and beyond the control of the Applicant. The site for a library building project must be specified in the grant application...If the project is planned on land not owned by the library or the municipality, the Applicant must have a signed Purchase and Sale Agreement or a lease of not less than 99 years at the time of application.”