2018-0503 Commercial Drive RFP Final.pdf

RFP Commercial Drive Page 1

Request for Proposals

For the Disposition of Municipally Owned Property at

Commercial Drive

Southbridge, Massachusetts

April 25, 2018

Proposals Due By June 11, 2018

Advertised May 9, 2018

Town of Southbridge

Town Manager’s Office

41 Elm Street

Southbridge MA, 01550

508.764.5405

RFP Commercial Drive Page 2

Town of Southbridge

REQUEST FOR PROPOSALS

For the Disposition of Municipally-Owned Property at

Commercial Drive

The Town of Southbridge, Massachusetts, by its Town Manager, is soliciting Sealed Proposals to dispose of municipal-owned property located in the Town of Southbridge, on Commercial Drive, Assessor’s Map 4, Block

5, Lot 1, as 3 individual or one collective lot (the “Site”). Proposals will be received in the Office of the Town

Manager, 41 Elm Street, Town of Southbridge, Massachusetts 01550 until Monday, June 11, 2018_at which time the proposals will be opened publicly. The Town will conduct a mandatory site visit of the property at

Commercial Drive (2 A.N.R lots and 1 back lot) on Wednesday, May 23, 2018 at 1:00 PM. If you cannot attend, please call the Office of the Town Manager at (508) 764-5405 to schedule a visit before the deadline date of June 11 2018.

Proposals must be sealed and clearly marked “Town of Southbridge Proposal for Disposition of Commercial

Drive lots” in the lower left corner. Fax submissions or email will not be accepted.

Price Proposals, on the attached Price Proposal Form must be submitted in a separate envelope marked “Town of Southbridge Proposal for Disposition of Commercial Drive - Price Proposal” in the lower left corner. Fax or e-mail submissions will not be accepted.

If, at the time of the scheduled proposal submission deadline, the Town Hall is closed due to uncontrolled events such as fire, snow, ice, or building evacuation, the proposal deadline will be postponed until 2:00 p.m. on the next normal business day. Proposals will be accepted until that date and time.

Proposal packages may be obtained from the Office of the Town Manager, Southbridge, Massachusetts 01550, Telephone No. (508) 764-5405, Monday through Wednesday between the hours of 8:00 AM and 4:00 PM

Thursday from 8:00 AM to 8:00 PM., and Friday from 8:00 AM. to 12:00 PM. (Holidays excepted).

The successful property owner must be prepared to enter into a Land Conveyance Agreement, substantially in the form attached hereto, within ninety (90) days from the opening of the proposals. See attachment B.

No proposer may withdraw its proposal for a period of one hundred eighty (180) days after the date set for the opening thereof. The awarding authority is the Town Manager.

The Town has determined that this transaction is subject to the Uniform Procurement Act, G.L. c. 30B.

Therefore, the provisions of G.L. c. 30B are hereby incorporated by reference in this Request for Proposals

(“RFP”).

The Town reserves the right to reject any and all proposals, to negotiate any and all contract terms with the successful proposer, or to cancel this procurement at any time if it is in the Town’s best interest to do so.

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I. INTRODUCTION

The Town of Southbridge is seeking proposals for the conveyance of municipal-owned property located on

Commercial Drive (2 A.N.R. lots and 1 back lot) shown on Conceptual ANR Plan, Commercial Drive –

Topography and Conceptual ANR Plan, Commercial Drive – Water & Sewer maps, both attached to the

RFP. The A.N.R. parcels (identified as parcels 1 and 2 on these maps) are a portion of the Town of

Southbridge Assessor’s Map 4, Block 5, Lot 1, and consist of 6.02 and 10.45 acres respectively. The back lot (identified as parcel 3 on these maps) is a portion of Map 4, Block 3, Lot 1 and consists of 6.4 acres. All

3 lots are vacant and zoned as Heavy Industrial. The legal description for lots 1 and 2 is described in the

Worcester South District Registry of Deeds, in Book 31293, Page 137. The legal description for lot 3 is described in the Worcester South District Registry of Deeds, in Book 4326 Page 85 (Copies of both are enclosed as Attachment A). The successful proposer shall be offered a quick claim deed. The Site will be conveyed “as is.”

II. THE PROPERTY

The property in description and related material are included in Attachment “A” which is a portion of information contained in the Town’s Appraisal for this property. The proposed purchaser should review this information carefully and clearly understand this property is being sold “as is”. Further, the purchaser shall participate in the mandatory site visit to become more familiar with the property. The Purchaser will also use the Town’s Conveyance Document/Purchase and Sales Agreement attached to this RFP as “Attachment

“B” as the appropriate legal instrument for sale. Please review both of the Town of Southbridge’s

Conceptual A.N.R. Plan maps, attached to this RFP as “Attachment C”.

Lastly, Municipal Property is generally exempt from zoning. Once this property is sold the zoning will regulate the type of allowable uses. The proposer should familiarize themselves with the zoning and the permissible uses, and plan for a use consistent with the zoning, or propose a use that may be permissible through a Special Permit. The Town will accept conditional bids for items requiring special permit approvals. It is the proposer’s sole responsibility to obtain any special permits or propose a use consistent with existing zoning. The land is currently zoned for Heavy Industrial.

III. SUBMISSION REQUIREMENTS

A. All proposals must be received in the Town Manager’s Office, Town Hall, Third Floor, 41 Elm St., Southbridge, MA 01550, on or before 1:00 PM on June 11, 2018. The clock within that Office shall be the sole determining factor of time.

B. Applicants should submit one (1) original and six (6) copies of their proposal to:

Ronald San Angelo, Town Manager

Town of Southbridge

Town Hall

41 Elm Street

Southbridge, MA 01550

C. All packages submitted by the deadline will be opened in public and logged in. No proposals submitted after this time will be accepted.

D. Include a cover letter signed by the proposer acknowledging response to this RFP. This letter shall provide an expression of interest, indentify the proposer and list the name, address and telephone number of all interested parties.

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E. Contact Information

Proposed Purchaser, Individual, Corporate or LLC name, address, Tax ID Number and telephone number.

F. Qualifications and Proposed Uses

A brief narrative identifying the qualifications and past experience of the respondent in the real estate purchase or development business. The proposed use is to be identified and indicate how many jobs will be created and if the reuse will be a taxable or nontaxable venture. The Town will use this information in the selection of proposers, so please quantify.

G. Price Proposal -

Proposed purchase price for the property. Please identify added value items for the Town to consider. The purchase price must be submitted on the attached Price Proposal Form.

H. Proposal Security

1. At the time of submission of the proposal, the developer shall include Proposal Security in the form of a deposit of funds equal to the greater of:

a. five percent (5%) of the offered purchase price, or

b. $10,000

2. Upon the execution of a Purchase and Sales, the successful purchaser shall pay a deposit of ten percent (10%) of the purchase price or $10,000, whichever is greater. The Proposal

Security shall be applied to the deposit required. In the event of a default by the developer prior to the transfer of title, the Town shall retain the deposit as liquidated damages.

I. Sources of Funds

Respondents shall identify sources of funds for the purchase of the Site; including identification of the purchaser’s equity and/or identification of funding commitment(s) from other sources.

J. Other Information

1. The Proposer shall submit a Business Plan or Pro Forma on the planned use of the parcel (s), identifying elements contained in the evaluation criteria included in this RFP and any other relevant information.

2. The proposer should include in this section any other information, which the proposer believes the Town should know in order to fully evaluate the proposal.

3. Proposed closing date for the conveyance of the parcel.

K. General Submittal Requirements

1. Proposers are cautioned that it is the responsibility of each individual proposer to assure that its proposal is in the possession of the responsible official or his delegate alternate prior to the stated time and at the place of proposals by the due date. The Town is not responsible for proposals delayed by mail and/or delivery service of any nature.

2. Proposals must be withdrawn in writing prior to the scheduled time (or authorized postponement thereof) of the opening of proposals.

3. Any Proposals received after the time and date specified shall not be considered. No proposer may withdraw its proposal after the general submission deadline.

4. All questions about the meaning or intent of this RFP shall be received in writing by mail or fax in the

Office of the Town Manager, 41 Elm Street, Southbridge, MA 01550; Facsimile No. (508)764-5425.

Proposers are requested to forward questions early in the procurement process and no later than 10

RFP Commercial Drive Page 5 calendar days before the deadline for proposals. Answers will be in writing and will be sent by the Town

Manager to all prospective proposers.

5. The successful proposer shall comply with all applicable federal, state, and local laws and regulations related to real estate transactions.

6. All proposals submitted to the Town must include all forms included within the contents of the RFP and they must all be filled out and properly executed. Failure to submit all forms properly filled out and executed may be grounds for rejection of the proposal.

7. All signatures must be handwritten and in ink by the person(s) authorized to convey the Site. All other words and figures submitted on the proposal shall be neatly written in ink or typed. Proposals that are conditional or obscure, or that contain erasures, alterations, irregularities, or additions not called for in the specifications may be rejected.

8. The Town reserves the right to terminate any agreement on this transaction if not consummated within twelve (12) months of the date of the proposal opening.

9. All proposals become the property of the Town. The Town has the right to disclose information contained in the proposals.

10. The Town reserves the right to make an award to a proposer that offers other than the highest monetary value for the Site. The Town will consider the overall value of the offer, including both monetary and non-monetary value.

11. The selection of the proposer shall be made without regard to race, color, sex, age, religion, political affiliation, or national origin.

12. The Town reserves the right to request additional information from any and all respondents to this solicitation if deemed necessary in order to identify the most advantageous proposal.

IV. PRICE

The Town is interested in selling the parcel(s) for the highest responsible value. Through an appraisal conducted by a licensed Commercial Real Estate Appraiser, the Town has determined the minimum market value of the property to be as follows: Parcel 1: $145,000; Parcel 2: $40,000; Parcel 3 $25,000; All three sold as one parcel: $210,000. The Town reserves the right to make an award to a proposer that offers other than the highest monetary value and/or less than the minimum market value shown above. The Town will consider the overall value of the offer, and the best interest of the Town in achieving its objective of the

Town. All Price Proposals must be submitted on the Price Proposal Form and included in a separate sealed envelope within the RFP Submission.

V. COMPARATIVE SELECTION CRITERIA

The following Comparative Criteria will be applied to those proposers who meet all the Minimum Criteria previously listed. Proposals that do not meet the Minimum Criteria will be judged unacceptable and not reviewed any further. The Town will consider the following Comparative Criteria and evaluate each proposal based on the preferences listed below but not limited to, the following:

Purchase Price: The Town wishes to obtain the highest possible purchase price for the property. Please see PRICE PROPOSAL FORM for greater detail.

AMOUNTS:

Highly Advantageous: The best offer submitted by a Proposer, that is equal to or higher than the appraised value shown in Section IV., that also adds value to the town as a whole.

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Advantageous: A lower offer that adds value to the town as a whole.

Acceptable: A high offer that does not add a significant value to the town as a whole

Not Acceptable: Any offer that is low and offers no value to the town as a whole.

CLOSING PROCESS:

Highly Advantageous: Cash offers with no inspections, but walk-through of Site prior to closing.

Advantageous: Cash offers with all applicable inspections, but walk-through of

Site prior to closing.

Acceptable: Traditional mortgage-type closing with or without inspections.

Not Acceptable: Anything less than the above criteria

ECONOMIC and ANCILLARY BENEFITS: While the Town wishes to maximize revenue from the disposition of the property, it also desires an owner that will use the site for positive economic development purposes.

Highly Advantageous: The proposal with a site use that is allowed by-right in the Town’s zoning regulations. The ownership and/or use will generate substantial property tax revenue and twenty or more new jobs will be created in the Town within five years.

Advantageous: The proposal with a site use that is allowed by-right in the Town’s zoning regulations. The ownership and/or use will generate substantial property tax revenue and fifteen or more new jobs will be created in the Town within five years.

Acceptable: The proposed reuse of the site is at least allowed by Special Permit in the Town’s zoning regulations and is consistent with the surrounding uses. The ownership and/or use will generate property tax revenue and ten or more new jobs will be created in the Town within five years.

Not Acceptable: Anything less than the above criteria.

ABILITY TO PROCEED/EXPERIENCE: The Town wishes to have purchase completed with an experienced business professional as soon as possible and future use implemented as soon as possible.

Highly Advantageous: Proposals that indicate shorter closing timeline from an experienced developer or business owner with a substantial track record of business ownership or business development.

Advantageous: Proposals that indicate a traditional closing timeline from an experienced landlord or business owner with a substantial track record of business ownership or business development.

Acceptable Proposals that indicate a traditional closing timeline from a newer landlord or business owner with a limited track record of business ownership or business development.

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Not Acceptable: Proposals that lack any business experience with no evidence of prior experience as a landlord or with business ownership.

TYPE OF USE: The Town wishes for an advantageous industrial or commercial use in a relatively short period of time.

Highly Advantageous: Construction start of a substantial advanced manufacturing or highly technical commercial facility that generates minimal heavy truck traffic, within one year, and full use within two years.

Advantageous: Construction start of a substantial advanced manufacturing or highly technical commercial facility, within two years, and full use within five years.

Acceptable: Construction start of a manufacturing or commercial facility, within two years and partial use within three years, full use within five years.

Not Acceptable: No detailed plan for use of the facility, or plan that does not meet the above criteria.

BUSINESS PLAN/PRO FORMA: The Town wishes to have purchase completed by a proposer who has a track record of profitability and a well thought out business plan for the use of the property.

Highly Advantageous: Proposals that include a well-thought-out business plan that indicates a significant track record of profitability, with forecasted high growth.

Advantageous: Proposals that include a well-thought-out business plan that indicates current profitability, with high subsequent growth.

Acceptable: Proposals that include a well-thought-out business plan that indicates profitability within a short time span, with growth potential.

Not Acceptable: Proposals that lack a business plan or business experience with no significant evidence of previous commercial property or business ownership.

CONDITIONS FOR AWARD

The Town will make an award deemed to be in the best interests of the Town taking into consideration these selection criteria and price offered. The Town of Southbridge reserves the right to cancel or amend this RFP at any time prior to the submission of proposals, to reject, at any time during the selection process, any and all proposals which, in its sole discretion, are determined to be non-responsive to the RFP or otherwise inadequate or not in the Town’s best interest. The Town also reserves the right to request additional or clarifying information from a proposer if it deems such information necessary to its evaluation of the proposer’s offer.

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REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL (Exhibits are attached).

1. CERTIFICATE OF NON-COLLUSION

2. CERTIFICATE OF TAX COMPLIANCE

3. DISCLOSURE OF BENEFICIAL INTEREST IN REAL PROPERTY TRANSACTION

4. PRICE PROPOSAL FORM

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CERTIFICATE OF NON-COLLUSION

The undersigned certifies under the penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

(Signature of person signing bid or proposal)

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CERTIFICATE OF TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, ________________________________ do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes.

(Signature of person signing bid or proposal)

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DISCLOSURE OF BENEFICIAL INTEREST IN REAL PROPERTY TRANSACTION

This form contains a disclosure of the names and addresses of all persons with a direct or indirect beneficial interest in the real estate transaction described below. This form must be filed with the Massachusetts Division of Capital Asset Management and Maintenance, as required by M.G.L. c7, §40J, prior to the conveyance of or execution of a lease for the real property describe below. Attach additional sheets if necessary.

1. Public entity involved in this transaction: ____Town of Southbridge________________

2. Complete legal description of the property: See attachments

3. Type of transaction: _ Exchange

4. Seller(s): Town of Southbridge

Purchaser(s)_________________________________________________

5. Names and addresses of all persons who have or will have a direct or indirect beneficial interest in the real property described above.

Note: If a corporation has, or will have a direct or indirect beneficial interest in the real property, the names of all stockholders must also be listed except that, if the stock of the corporation is listed for sale to the general public, the name of any person holding less than 10 percent of the outstanding voting shares need not be disclosed.

Name Address

None of the persons listed in this section is an official elected to public office in the Commonwealth of

Massachusetts, or is an employee of the Division of Capital Asset Management and Maintenance, except as noted below:

Name Title or Position

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6. This section must be signed by the individual(s) or organization(s) entering into this real property transaction with the public agency named in Item 1. If the form is signed on behalf of a corporation, it must be signed by a duly authorized officer of that corporation.

The undersigned acknowledges that any changes or additions to Item 4 of this form during the term of any lease or rental will require filing a new disclosure with the Division of Capital Asset Management and Maintenance within 30 days following the change or addition.

The undersigned swears under the pains and penalties of perjury that this form is complete and accurate in all respects.

Signature: ________________________

Printed Name: ________________________

Title: ________________________

Date: ________________________

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PRICE PROPOSAL FORM

Proposers are encouraged to bid the most favorable amount to the Town possible because quality of the proposal will be weighted to the dollar value. Please indicate dollar mounts numerically as well as in written form. Please indicate parcel or parcels you wish to purchase using the id numbers shown in Section I. and Attachment C of this RFP.

1. Submission of Offer amount to Town for Purchase: $________________ for parcels number (s)_____

Written Form ______________________________________________________________________dollars

2. Payment Options (Please indicate by marking the line with an “X” which option will be used)

( ) Cash ( ) Mortgage

3. Inspections Sought: (Please indicate by marking the line with an “X” which option will be used)

( ) Full, incl. 21E paid by Buyer ( ) Minimal, incl. Visual & Records review ( ) None.

4. Other Considerations _______________________________________________________________________

The undersigned swears under the pains and penalties of perjury that this form is complete and accurate in all respects.

Signature: ________________________

Printed Name: ________________________

Title: ________________________

Date: ________________________