26-122-57 0 Polk St RFP~1.pdf

REQUEST FOR PROPOSALS

REAL PROPERTY:

DISPOSAL OF 0 POLK STREET

RFP No. 26-122-57

Proposals due by June 22nd, 2026 at 10:00 AM

Questions? Contact:

Rachel Leonardo

Chief Procurement Officer

781-270-1669 rleonardo@burlington.org

Table of Contents

LEGAL NOTICE

DESCRIPTION OF PROPERTY

SCHEDULE OF EVENTS

GENERAL REQUIREMENTS

A. Obtaining the Request for Proposals and Related Documents

B. Submitting a Proposal

C. Communications, Questions, and Addenda

D. Corrections, Modifications and Withdrawals

E. Proposal Opening

SUBMISSION REQUIREMENTS AND EVALUATION OF SUBMISSIONS

A. Compliance with RFP; Mistakes and Corrections

B. Required Proposal Documents

C. Rule for Award

D. Reservation of Rights

E. Evaluation of Proposals

F. Proposer Competency Criteria

CONTRACT TERMS AND CONDITIONS

Appendix A Property Record Card

Appendix B General Proposal Form

Appendix C Statement of Competency

Appendix D Price Proposal Form

Appendix E Certificate as to Corporate Proposer

Appendix F Disclosure Statement for Transaction with a Public Agency

Concerning Real Property

Appendix G Purchase and Sale Agreement

LEGAL NOTICE

Town of Burlington, Massachusetts

Request for Proposals

RFP No. 26-122-57

Real Property: Disposal of 0 Polk Street

In accordance with Chapter 30B, Section 16 of the Massachusetts General Laws, the

Town of Burlington, Massachusetts invites competitive proposals for the sale of certain real property owned by the Town, located at 0 Polk Street, Burlington, MA, 01803, Assessors Map ID 34-31-0. At the January 26th Town Meeting, Article 11, titled “Disposition/Sale of Surplus Town Property” was approved and authorized the

Select Board to declare to property available for disposition.

The Request for Proposals and related documents will be available on the Town’s website (https://www.burlington.org/Bids.aspx) starting April 8th, 2026 at 8:00 AM.

The property will be sold to the highest proposer. The Town makes no warranties as to the condition of the property or its fitness for any particular purposes, including that of a single-family dwelling. The property is being sold “as-is.”

All proposals shall be submitted in a sealed envelope and plainly marked “RFP No.

26-122-57 – Real Property: Disposal of 0 Polk Street” to The office of the Chief

Procurement Officer, 29 Center St, Burlington, MA, no later than June 22nd, 2026, at

10:00 AM.

Proposers agree that their proposals will remain in effect for a period of 120 calendar days from the deadline for submission of proposals or until a proposal is formally withdrawn, a purchase and sales agreement is executed in substantially the same form as set forth in the RFP, or the RFP is cancelled, whichever occurs first. The

Town of Burlington reserves the right to accept or reject any and all proposals, to waive any informality, and to make the award as may be in the best interest of the

Town.

Any contract awarded as a result of this Request for Proposals is subject to the approval of the Select Board for the Town of Burlington in accordance with the public hearing procedures of the General Bylaws for the Town of Burlington, Article IV, Section 1.12. The selected proposer must execute a purchase and sales agreement with the Town within 90 days of the award, provided that this time period may be extended by mutual agreement of the Town and the selected proposer.

Rachel Leonardo

Chief Procurement Officer

Burlington, MA

DESCRIPTION OF PROPERTY

The Town of Burlington requests sealed proposals for the disposal of property located at 0 Polk Street, Burlington, MA, 01803, Assessors Map ID 34-31-0 (the “Property”).

The Town is only seeking proposals for the outright purchase and transfer of fee interest in the Property. The parcel is located in the One Family Dwelling (RO)

Zoning District.

At the January 26th Town Meeting, Article 11, titled “Disposition/Sale of Surplus

Town Property” was approved and authorized the Select Board to declare to property available for disposition.

Below is a brief summary of information relevant to this property:

Address: 0 Polk Street, Burlington, MA, 01803

Assessors Map ID 34-31-0

Year Built: N/A

Parcel Size: .057 acres

Zoning: Residential

Please also see Appendix A – Property Record Card for additional information on the Property.

The Town is selling the Property “as is” and the selected proposer to be solely responsible for obtaining any and all permits, approvals, waivers, releases, or any other requirements necessary to use or develop the Property. The selected proposer shall be solely responsible at its sole cost and expense for its own inspection of and due diligence on the Property.

SCHEDULE OF EVENTS

Event Date

Advertisements begin (Town Hall, Town website, Newspaper, Central

Register, COMMBUYS)

April 8th, 2026

RFP documents available April 8th, 2026 at 8:00AM

Public Hearing June 8th, 2026 at 6:00 PM

Questions due June 10th, 2026 at 7:00 PM

Questions answered (estimate) June 15th, 2026 at 12:00 PM

Proposals due/opening June 22nd, 2026 at 10:00AM

Select Board Approval July 13th, 2026 at 6:00 PM

GENERAL REQUIREMENTS

A. Obtaining the Request for Proposals and Related Documents

The Request for Proposals (“RFP”) and related documents will be available on the

Town’s website (https://www.burlington.org/Bids.aspx) starting April 8th, 2026 at

8:00 AM.

Proposers with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFP information in an alternative format, must communicate such requests in writing to the Chief Procurement Officer, Rachel

Leonardo at rleonardo@burlington.org.

Requests for accommodation will be addressed on a case-by-case basis. A proposer requesting accommodations must notify the Town in advance of the proposal opening date and time. The Town reserves the right to reject unreasonable requests.

B. Submitting a Proposal

All proposals shall be submitted in a sealed envelope and plainly marked “RFP No.

26-122-57 – Real Property: Disposal of 0 Polk Street” to The office of the Chief

Procurement Officer, 29 Center St, Burlington, MA, by no later than June 22nd, 2026, at 10:00 AM.

Proposals must be signed as follows:

If the Proposer is an individual, by him or her personally;

If the Proposer is a partnership, by the name of the partnership, followed by the signature of each general partner;

If the Proposer is a corporation, by the name of the corporation, followed by the signature of an authorized officer, whose signature must be attested to by the

Clerk or Secretary of the corporation with the corporate seal affixed; or

If the Proposer is a limited liability company (LLC), by the name of the

LLC, followed by the signature of the Manager or another individual authorized by vote of the members or authorized managers, which vote must be attached to the Price Proposal Form.

Proposals that are received after the deadline stated above will not be accepted.

Proposals must be delivered to the office of the Chief Procurement Officer, 25 Center

St, Burlington, MA, 01803; proposals that are delivered to other departments by outside delivery services may be deemed unresponsive and rejected.

C. Communications, Questions, and Addenda

Direct all questions and inquiries in writing to the contact person for this RFP, Chief

Procurement Officer, Rachel Leonardo rleonardo@burlington.org by June 10th, 2026, at 7:00 PM. Responses to inquiries that affect all proposers will be issued as addenda and posted on the Town’s procurement website.

Proposers are prohibited from communicating directly with any officer or employee of the Town regarding this solicitation except as may be specified in this document, and no other Town employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFP except for the contact referenced.

Likewise, if this document is deemed incomplete or relevant information is deemed missing, questions must be submitted in writing to the contact person identified in this document. Failure to abide by these communication requirements may result in proposer’s disqualification.

Any interpretation, correction, or change in this RFP will be made by addendum, which will become part of the Contract Documents. The Town will not be held accountable for any oral communication.

Written addenda issued by the Town will be posted to its procurement website

(https://www.burlington.org/Bids.aspx) by June 15th, 2026 at 12:00 PM (estimated).

It shall be the responsibility of all interested parties to review said website for this information.

D. Corrections, Modifications and Withdrawals

A proposer may correct, modify, or withdraw a proposal by written notice received by the Town not later than the time stated herein for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled “Modification

No.__.” Each modification must be numbered in sequence, must reference the original

RFP and must be signed by the same person who signed the General Proposal Form or a designee authorized in writing to do so.

After the proposal opening, a proposer may not change any provision of the proposal in a manner prejudicial to the interests of the Town or fair competition as determined by the Town in its sole discretion.

E. Proposal Opening

Sealed proposals will be accepted at the Chief Procurement Officer, 29 Center St, Burlington, MA, 01803, until June 22nd, 2026, at 10:00 AM. Any proposal received after such time shall be deemed nonresponsive and will not be opened.

Following the deadline, the timely proposals shall be publicly opened and read aloud.

Proposals will be made available for inspection on site for a reasonable period of time after all proposals are opened and recorded.

If at the time of the scheduled proposal opening, the designated site is unavailable due to circumstances beyond the control of the Town, the proposal opening will be automatically postponed (with or without notice to potential proposers) until 12:00 noon at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the proposal opening will be formally postponed with notification to all parties who have obtained proposal documents from the Town. Proposals will be accepted until any postponement time.

SUBMISSION REQUIREMENTS

AND EVALUATION OF SUBMISSIONS

A. Compliance with RFP; Mistakes and Corrections

Proposers must comply with all requirements of this RFP in order to be eligible for a contract award. Minor informalities will be waived or a proposer will be allowed to correct them.

If a mistake in a proposal is evident and the intended proposal is clear on the face of the Price Proposal Form, the mistake will be corrected to reflect the intended correct proposal and the proposer will be notified in writing of the correction. A proposer may not withdraw such a proposal.

The Town may reject or a proposer may withdraw a proposal if a mistake is clearly evident on the face of the Price Proposal Form, but the intended correct proposal is not similarly evident.

B. Required Proposal Documents

Proposals must include all of the following documents, as applicable (e.g., individual proposers need not submit the Certificate as to Corporate Proposer), and such documents must be fully completed and signed:

A completed General Proposal Form (Appendix B to this RFP)

A completed Statement of Competency Form (Appendix C to this RFP)

A completed Price Proposal Form (Appendix D to this RFP)

If applicable, a Certificate as to Corporate Proposer (Appendix E to this

RFP)

A completed Disclosure Statement for Transaction with a Public Agency

Concerning Real Property (Appendix F to this RFP)

C. Rule for Award

Any contract awarded as a result of this RFP will be awarded to the highest proposal from the responsive and responsible proposer. Whether a proposer is responsive will be established by reference to the Proposer Competency Criteria set forth herein.

The Town anticipates, but does not guarantee, that the award of any contract resulting from this RFP will take place within 90 days of the award, provided that this time period may be extended by mutual agreement of the Town and the selected proposer.

Any contract awarded as a result of this Request for Proposals is subject to the approval of the Select Board for the Town of Burlington in accordance with the public hearing procedures of the General Bylaws for the Town of Burlington, Article IV, Section 1.12.

D. Reservation of Rights

The Town reserves the right to cancel this RFP at any time, with or without notice to prospective proposers. Reasonable efforts will be made to give timely notice in the event of any such cancellation.

The Town further reserves the right to accept or reject, in whole or in part, any and all proposals as permitted by law; to award contracts as it deems best serves the interests of the Town; and to waive or adjust non-statutory proposal requirements before or after proposals are opened in whatever ways it deems best serves the interests of the Town, while also being non-prejudicial to the interests of fair competition.

E. Evaluation of Proposals

The Town will evaluate proposals in accordance with the Proposer Competency

Criteria set forth herein and determine which is the highest proposal from a responsive and responsible proposer.

The Town reserves the right to conduct further independent investigation of any proposer as it deems necessary, including but not limited to requesting documentation to determine whether a proposer is financially able to complete the purchase of the Property.

The Town may rely on itself as a reference for purposes of determining whether a proposer is responsible.

F. Proposer Competency Criteria

The following requirements constitute the minimum competency criteria that a proposer must meet in order to submit a responsive proposal:

1. The proposal must be for the outright purchase and transfer of fee interest in the Property.

No conditional proposals or other forms of acquisition will be considered.

2. The proposal must include all of the required proposal documents, as set forth in Section B, above.

3. The proposer must not be a current Town employee or official.

4. The proposer is financially able to complete the purchase of the

Property as proposed, and can provide documentation to that effect upon request.

Please note that the selected proposal shall be solely responsible for identifying and securing all necessary financing.

No real estate broker’s commission shall be paid by the Town. Any proposer using the services of a real estate broker in connection with this RFP shall be solely responsible for the payment of any commission, fee or other expense to such broker.

The selected proposer shall indemnify and hold harmless the Town from any claims for such commission, fee or other expense of any real estate broker.

CONTRACT TERMS AND CONDITIONS

Upon award of a contract, the Town will enter into a purchase and sales agreement with the selected proposer. When financing and other pre-transfer contingencies, if any, are completed, the property will be sold and the title will be transferred by

Quitclaim Deed.

The purchase and sales agreement shall be in substantially the same form as set forth in Appendix G.

Appendix A

Property Record Card

Appendix B

General Proposal Form

The accompanying Statement of Competency and Price Proposal Form are hereby submitted in response to the RFP cited above. All information, statements and prices are true, accurate and binding representations of the intentions and commitments of the undersigned in responding to this RFP.

Name:

Street:

City: State Zip:

Phone: Email

Web Address:

Non-Collusion Statement

The undersigned certifies under penalties of perjury that this 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.

Taxes Paid Certification

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, the undersigned is in compliance with all laws of the

Commonwealth relating to taxes, reporting of employees and vendor, and withholding and remitting child support.

Acknowledgement of Property

Condition

The subject property, including the building and any other improvements thereon, is being sold “as-is” without conditions. The Town makes no warrantees or representations as to the condition of the building or any of its systems or building materials.

Addenda Acknowledgement (please list numbers):

For the Proposer:

Signature Date

Title:

If the Proposer is not an individual, please provide a

Certificate as to Corporate

Proposer (Appendix E).

Appendix C

Statement of Competency

I, (Full Name), hereby certify that the Proposer meets or exceeds the competency criteria set out in this RFP to complete the transaction of purchasing the following Town of Burlington property:

0 Polk Street, Burlington, MA, 01803, Assessors Map ID 34-31-0

I further attest to the following assertions:

I am not a current municipal employee or official.

Appendix D

Price Proposal Form

I, , hereby submit this Price Proposal Form in response to RFP No. 26-122-57 – Real Property: Disposal of 0 Polk Street.

Total Price for 0 Polk Street: $

Total Price for 0 Polk Street (in words):

I hereby certify that the price proposal indicated above shall remain firm and binding from 120 calendar days from the deadline for submission of proposals or until a purchase and sales agreement is executed, or this RFP is cancelled, whichever occurs first.

Appendix E

Certificate as to Corporate Proposer

This Certificate must be completed only if the Proposer is a limited liability entity, and should be so completed by its Clerk or person authorized in the records of the entity to execute documents relating to real property. In the event that the Clerk is the person signing the Proposal on behalf of the Corporation, this Certificate must be completed by another Officer of the Corporation. If you are an individual submitting the Proposal on your own behalf, you do not need to submit this form.

I_____________________________________________________________, certify that I am the ___________________________________________ of the entity named as Proposer in the within Proposal; that ______________________________________ who signed said Proposal on behalf of the Proposer was then_____________________

____________________________________________of said entity; that I know his/her signature and that his/her signature hereto is genuine and that said Proposal was duly signed, sealed, and executed for and in behalf of said entity by authority of its governing body.

(Corporate Seal)

Appendix F

Disclosure Statement for Transaction with a Public Agency Concerning

Real Property

INSTRUCTION SHEET

NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have no responsibility for insuring that the Disclosure Statement has been properly completed as required by law.

Acceptance by DCAMM of a Disclosure Statement for filing does not constitute DCAMM’s approval of this Disclosure Statement or the information contained therein. Please carefully read M.G.L. c. 7C, s.

38 which is reprinted in Section 8 of this Disclosure Statement.

Section (1): Identify the real property, including its street address, and city or town. If there is no street address then identify the property in some other manner such as the nearest cross street and its tax assessors’ parcel number.

Section (2): Identify the type of transaction to which this Disclosure Statement pertains --such as a sale, purchase, lease, etc.

Section (3): Insert the exact legal name of the Public Agency participating in this Transaction with the Disclosing Party. The Public Agency may be a Department of the Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate.

Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation, general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the trustees of a trust then identify the trustees by name, indicate that they are trustees, and add the name of the trust.

Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of the blanks. If the Disclosing Party’s role in the transaction is not covered by one of the listed roles then describe the role in words.

Section (6): List the names and addresses of every legal entity and every natural person that has or will have a direct or indirect beneficial interest in the real property. The only exceptions are those stated in the first paragraph of the statute that is reprinted in Section 8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city or town, insert “inhabitants of the (name of public entity).” If the Disclosing Party is a non-profit with no individual persons having any beneficial interest then indicate the purpose or type of the non-profit entity. If additional space is needed, please attach a separate sheet and incorporate it by reference into Section 6.

Section (7): Check “NONE” in the box if none of the persons mentioned in Section 6 is employed by DCAMM or an official elected to public office in the Commonwealth of Massachusetts. Otherwise list any parties disclosed in Section 6 that are employees of DCAMM or an official elected to public office.

Section (8): The individual signing this statement on behalf of the Disclosing Party acknowledges that he/she has read the included provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts.

Section (9): Make sure that this Disclosure Statement is signed by all required parties. If the Disclosing Party is a corporation, please make sure that this Disclosure Statement is signed by a duly authorized officer of the corporation as required by the statute reprinted in Section 8 of this Disclosure Statement.

DCAMM’s acceptance of a statement for filing does not signify any opinion by DCAMM that the statement complies with applicable law.

This completed and signed Disclosure Statement should be emailed to realestate.dcamm@mass.gov or otherwise delivered to:

Deputy Commissioner for Real Estate

Division of Capital Asset Management and

Maintenance One Ashburton Place, 15th

Floor, Boston, MA 02108

The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law:

(1) REAL PROPERTY:

(2) TYPE OF TRANSACTION, AGREEMENT, or DOCUMENT

(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION:

(4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY:

(5) ROLE OF DISCLOSING PARTY (Check appropriate role):

Lessor/Landlord Lessee/Tenant

Seller/Grantor Buyer/Grantee

Other (Please describe):

(6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary):

mailto:realestate.dcamm@mass.gov

NAME RESIDENCE

(7) None of the above- named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (Check “NONE” if NONE):

NONE

NAME: POSITION:

(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts:

No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arm’s length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change.

Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.

The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.

(9) This Disclosure Statement is hereby signed under penalties of perjury.

PRINT NAME OF DISCLOSING PARTY (from Section 4, above)

AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY)

PRINT NAME & TITLE of AUTHORIZED SIGNER

Appendix G

Purchase and Sale Agreement

1. PARTIES. The Town of Burlington, having an address of 29 Center

Street, Burlington, MA 01803 (hereinafter called the “SELLER”), agrees to sell, and

_______________, having an address of _________________ (hereinafter called the

“BUYER”), agrees to buy, upon the terms hereinafter set forth, the following described premises.

The BUYER has been selected by the SELLER via a Request for Proposals

(RFP) process to have the right to purchase the Premises. All terms of the

RFP are hereby incorporated by reference into this Purchase and Sale

Agreement.

2. PREMISES. A parcel of land located at 0 Polk Street, Burlington, MA, containing 2,615 square foot, more or less, as described in the RFP. Title is derived from a tax taking of land assessed to Lantern Corp. and recorded with the

Middlesex South District Registry of Deeds (the “Deeds”) at Book 582, Page 31. See also Instrument of Taking dated September 8, 1978 and recorded with said Deeds at

Book 582 Page 31.

3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES. This is a parcel of land with no buildings, structures, or fixtures located on it.

4. TITLE DEED. Said premises are to be conveyed by a release deed or a quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven business days before the deed is to be delivered as herein provided. If a release deed, SELLER will convey the premises without covenants. If a quitclaim deed, SELLER shall convey a good and clear record and marketable title thereto, free from encumbrances, except:

(a) Provisions of existing building and zoning laws;

(b) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; and

(c) Easements, restrictions and reservations of record, if any, so long as the same does not prohibit or materially interfere with the use of said

Premises as its current use.

BUYER acknowledges that said Premises are being sold “AS IS.”

5. PLANS. Intentionally omitted.

6. TIME FOR PERFORMANCE; DELIVERY. Such deed is to be delivered at 11:00 a.m. at the Burlington Town Hall or another place as designated by SELLER, ________ (_____) days after the execution of this Agreement or within such further time as the Select Board may permit, in its discretion, or a closing by mail, at SELLER’s sole discretion. If the closing date shall fall on a weekend or holiday on which the Registry of Deeds is closed, the closing shall take place on the next business day thereafter. It is agreed that time is of the essence of this agreement.

7. PURCHASE PRICE. The agreed purchase price for said Premises is the ______________ and 00/100 Dollars ($__________), of which:

$ XXXX has been paid with BUYER’s bid

$ XXXX has been paid as the balance of deposit on this day; and

$ XXXXX are to be paid at the time of delivery of the deed by certified, treasurer’s, or bank check or by wire transfer, at SELLER’S discretion

$XXXXXX TOTAL

*Plus any other amounts due from BUYER as provided for herein

8. POSSESSION AND CONTROL OF PREMISES. The Buyer acknowledges that he is aware that the property is being sold “AS IS” as of the date of this Agreement and further acknowledge(s) that no representations or warranties of any kind regarding the property have been made by the Seller.

9. EXTENSION TO MAKE TITLE OR PREMISES CONFORM. If the

SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto, unless the SELLER elects, in its sole discretion, to use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty calendar days. In no event, however, shall reasonable efforts require the SELLER to expend more than $500.00, including attorneys’ fees.

10. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM. If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto.

11. BUYER’S ELECTION TO ACCEPT TITLE. The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price, without deduction, in which case the

SELLER shall convey such title.

12. ACCEPTANCE OF DEED. The acceptance of a deed by the BUYER shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed.

13. INSURANCE. Until the delivery of the deed, the SELLER shall maintain insurance on said premises as presently insured.

14. ADJUSTMENTS. A payment in lieu of taxes shall be paid in accordance with G.L.c.44, §63A as of the day of performance of this agreement and the net amount thereof shall be added to the purchase price payable by the BUYER at the time of delivery of the deed.

15. ADJUSTMENT OF UNASSESSED AND ABATED TAXES. The

Premises are municipal property and not being taxed.

16. DEPOSIT. All deposits made hereunder shall be held in escrow by the

Treasurer of the Town of Burlington as escrow agent, in a non-interest bearing account, subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties, the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER.

17. BUYER’S DEFAULT; DAMAGES. If BUYER shall fail to fulfill the

BUYER’S agreements herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as SELLER’S sole and exclusive remedy at law and equity for BUYER’S breach of this agreement.

18. LIABILITY OF TRUSTEE, SHAREHOLDER, BENEFICIARY, etc. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder.

19. WARRANTIES AND REPRESENTATIONS. The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has BUYER relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the additional warranties and representations, if any, made by either the SELLER or the Broker(s): NONE.

20. BROKERS. BUYER and SELLER each represent and warrant to the other that each has not contacted any real estate broker in connection with this transaction and was not directed to the other as a result of any services or facilities of any real estate broker. BUYER and SELLER agree to defend, indemnify the other against and hold the other harmless, to the extent permitted by law, from any claim, loss, damage, costs or liabilities for any brokerage commission or fee which may be asserted against the other by any broker in connection with this transaction. The provisions of this paragraph shall survive the delivery of the deed.

21. CONTINGENCIES. The obligations of SELLER are contingent upon the satisfaction of each of the following conditions:

(a) The Town’s receipt of all municipal approvals, including, without limitation, the approval of this Agreement, and satisfaction of all requirements of applicable laws necessary for the consummation of the transaction contemplated hereby, to the Town of Burlington’s satisfaction

(b) Compliance with the provisions of G.L.c.30B, §16; and

(c) BUYER shall pay for any recording fees SELLER may incur as a result of this Agreement.

22. CLOSING DELIVERIES.

On the Closing Date, Buyer shall each execute and deliver to Seller, the following documents, duly and validly executed, attested, notarized and acknowledged, as appropriate:

(a) A completed form filed with the Division of Capital Asset Management and Maintenance pursuant to G.L. c. 7C §38, which shows proof it was filed prior to the conveyance of the Premises.

(b) A completed form filed with the Department of Revenue pursuant to

G.L. c. 62C §49A, which shows proof it was filed prior to the conveyance of the Premises.

(c) A completed Certification of Good Faith evidencing this Agreement has been obtained in good faith and without collusion or fraud.

(d) a duly executed settlement statement.

(e) an affidavit under the provisions of Massachusetts General Laws

Chapter 60 Section 77B.

(f) such other documents, certificates, or agreements as may be necessary to consummate the transaction contemplated by this Agreement.

On the Closing Date, Seller shall each execute and deliver to Buyer, the following documents, duly and validly executed, attested, notarized and acknowledged, as appropriate:

(a) the Deed duly executed and acknowledged by the Seller containing the following statement: “In connection with the conveyance hereby made, there has been full compliance with the provisions of Section 63A of

Chapter 44 of the Massachusetts General Laws.”;

(b) reasonable and customary affidavits executed by the Seller regarding mechanics’ and materialmens’ liens and parties in possession as required by the title company;

(c) a so-called FIRPTA affidavit executed by the Seller as to its non-foreign status within the meaning of Sections 1445 or 7701 of the Internal

Revenue Code of 1986, as amended, and the regulations promulgated thereunder;

(d) a duly executed settlement statement; and

(e) such other documents, certificates, or agreements as may be necessary to consummate the transaction contemplated by this Agreement.

23. HAZARDOUS MATERIALS/USE OF PREMISES. BUYER

acknowledges that BUYER has not been influenced to enter into this transaction and that it has not relied upon any warranties or representations not set forth in this agreement. BUYER represents and warrants that it or its agents have had an opportunity to conduct a full inspection of the premises, and based upon BUYER’S investigation, BUYER is aware of the condition of the premises and will accept the premises “AS IS.” BUYER acknowledges that SELLER has no responsibility for hazardous waste, oil, hazardous material or hazardous substances, as those terms are defined by any applicable law, rule or regulation, including, without limitation, the Massachusetts Oil and Hazardous Materials Release Prevention and Response

Act, M.G. L. c. 21E, the Massachusetts Hazardous Waste Management Act, M.G.L.

c. 21C, the Comprehensive Environmental Response, Compensation and Liability

Act, as amended, 42 U.S.C. §§ 9601 et seq. and the Resource Conservation and

Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq. (herein collectively referred to as “Hazardous Waste”) on, in, under or emitting from the premises or for any other condition or defect on the premises. The provisions of this Section shall survive delivery of the deed.

Verbal descriptions by the Town of Burlington, its Agents, or anyone connected with this sale shall not invalidate nor become part of this sale. The Town of Burlington, and its Agents, shall not be liable for any reason whatsoever as to the accuracy of the description of the listed premises, the bounds, area involved, building and/or buildings, or taxes.

The Buyer acknowledges that he/she/they is/are aware that the property is being sold “AS IS” as of the date of this Agreement and further acknowledge(s) that no representations or warranties of any kind regarding the property have been made by the Seller.

The SELLER makes no representation or warranty that the lot is buildable. The

Town cannot make a determination of allowable uses as those uses may vary by potential owner. All such research must be done by the BUYER.

The SELLER makes no representation or warranty with respect to the property, including, without limitation, the value, quality or character of the property or its fitness or suitability for any particular use and/or the physical and environmental condition of the property.

Any use by Buyer inconsistent with the Town’s Zoning Bylaws, if available, may require a special permit, variance, site plan approval, or other approval(s) from the

Planning Board, Board of Health, or other Town agencies. The Town makes no representations or guarantees regarding the availability of zoning relief or the likelihood, or not, of the applicant’s success in obtaining such approvals, variances or permits.

24. ASSIGNMENT. BUYER shall not assign this agreement or any of its rights hereunder without prior written consent of SELLER, which may be withheld in the SELLER’S sole and absolute discretion. The foregoing shall not derogate

BUYER’s rights under Paragraph 4.

25. PROPERTY INSPECTION; CONDITION OF PREMISES. BUYER or

BUYER’S agent(s) shall have the right, to enter the premises, upon no less than forty-eight (48) hours written notice to SELLER, at BUYER’S own risk for the purposes of inspecting the premises, provided that BUYER shall not conduct any subsurface tests without SELLER’S prior written consent. BUYER shall indemnify, defend and hold SELLER harmless against any claim by BUYER or BUYER’S agents, employees or invitees for any harm to them arising from said entry and shall restore the premises to substantially the same condition as prior to such entry.

In the event BUYER finds Hazardous Waste on the premises in quantities that must be reported to the Department of Environmental Protection under the provisions of G.L. c. 21E or the regulations thereunder, and informs SELLER of the same in writing prior to the closing date, this agreement shall be null and void and without recourse to the parties, unless SELLER, at SELLER’S sole and absolute discretion, gives written notice to BUYER within twenty (20) days of receiving

BUYER’S notice of its intention to remediate such contamination and thereafter remediates such hazardous condition in full compliance with applicable law within a reasonable period of time, with SELLER paying all of the costs of remediation.

Nothing herein shall require SELLER to remediate any contamination on the premises. The provisions of this Section shall survive the delivery of the deed.

26. TITLE OR PRACTICE STANDARDS. Any matter or practice arising under or relating to this agreement which is the subject of a title standard or a practice standard of the Massachusetts Real Estate Bar Association at the time for delivery of the deed shall be covered by said title standard or practice standard to the extent applicable.

27. CLOSING. The deed and other documents required by this agreement are to be delivered and the Purchase Price paid at the Date and Time of Closing and at the Place of Closing. Unless the Closing takes place at the appropriate Registry of Deeds, all documents and funds are to be delivered in escrow subject to prompt rundown of title and recording, which term shall include registration in the case of registered land.

28. BUYER’S WARRANTIES. BUYER hereby represents and warrants:

(a) This agreement and all documents to be executed by BUYER and delivered to BUYER at the closing are, or at the time of the closing will be, duly authorized, executed and delivered by

BUYER.

(b) BUYER hereby acknowledges and agrees that, the BUYER has not relied upon nor been induced by any representations, warranties, guarantees, promises or statements, whether written or oral, express or implied, or whether made by the

SELLER or any employee or representative of the SELLER.

29. NOTICE. Any notice required or permitted to be given under this

Agreement shall be in writing and signed by the party or the party's attorney or agent and shall be deemed to have been given upon the earlier of: (i) two business days after deposit with the United States Postal Service, if sent by registered or certified mail, return receipt requested, postage prepaid; (ii) one business day after deposit with an express courier service such as Federal

Express; (iii) actual receipt, or (iv) confirmed email transmission, addressed in the case of:

SELLER: Town of Burlington

Town Hall

29 Center Street

Burlington, MA 01803

Attn: Town Administrator

With a copy to: Lisa Mead, Esq., Mead, Talerman & Costa LLC

30 Green Street, Newburyport, MA 01950

Telephone: 978-463-7700, Facsimile: 978-463-7747

Email: lisa@mtclawyers.com

In the case of BUYER:

with a copy to:

By such notice, either party may notify the other of a new address, in which case such new address shall be employed for all subsequent deliveries and mailings.

30. CONDEMNATION. Notwithstanding anything herein to the contrary, in the event of a taking of all or substantially all of the premises by eminent domain by an entity other than the Town of Burlington, then SELLER or BUYER, may, at its option, terminate this agreement, whereupon all deposits made by

BUYER under this agreement shall be returned to BUYER. “Substantial part” shall be defined as that portion of the premises which if damaged or taken by eminent domain would materially and adversely affect the use of the premises for the purposes set forth herein.

31. SELLER DEFAULT. In the event that SELLER defaults under this agreement, and fails to cure said default, BUYER shall be entitled to terminate this agreement and receive a refund of the deposit. The foregoing shall be

BUYER’S sole and exclusive remedy at law and in equity for any breach of this agreement by SELLER.

32. POST CLOSING COMPLIANCE AND ADJUSTMENTS. If any errors or omissions are found to have occurred in any calculations or figures used in the settlement statement signed by the parties (or would have been included if not for any such error or omission) and notice hereof is given within sixty (60) days of the date of the delivery of the deed to the party to be charged, then such party agrees to make a payment to correct the error or omission. This provision shall survive delivery of the Deed.

33. EXTENSIONS. BUYER and SELLER hereby authorize their respective attorneys (as the case may be) to execute on their behalf any extensions to the time for performance and any change of location and/or time for delivery of the deed. BUYER and SELLER shall be able to rely upon the signature of said attorneys as binding unless they have actual knowledge before the execution or other consent to such extensions, that either party has disclaimed the authority mailto:lisa@mtclawyers.com granted herein to bind them. For purposes of this agreement, facsimile signatures shall be construed as original.

34. USE & ACTIVITIES ON THE PREMISES. Notwithstanding the forgoing, all use and activities on the Property shall be subject to the terms and conditions of the Historical Preservation Restriction (the “Restriction”) placed on the Property as a condition of this Purchase and Sale Agreement. Should any terms of this Agreement conflict with the rights and obligations instilled on the

BUYER and SELLER, as GRANTEE and GRANTOR in the Restriction, respectively, then the terms of the Restriction shall control.

35. CONSTRUCTION. This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both SELLER and

BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it.

Signed by the parties as of this day of _________, 2025.

SELLER BUYER

Town of Burlington

By its Select Board

______________, Chair

_______________, Vice Chair

____________, Member

TOWN OF BURLINGTON

Office of the Town Administrator . John Danizio, Town Administrator Patrick J. Lawlor, Assistant Town Administrator

29 CENTER STREET BURLINGTON, MASSACHUSETTS 01803

TEL (781) 270-1600

www.burlington.org

To: Select Board, Town Meeting Members

From: Patrick Lawlor, Assistant Town Administrator

Date: December 23, 2025

Re: Article 11 – Disposition/Sale of Surplus Town Property

Article 11 of the January 26, 2026 Town Meeting seeks Town Meeting’s approval to sell a town owned parcel, known as

0 Polk Street. The parcel is comprised of 2,615 +/- square feet with 25 feet of frontage and is located in the One Family

Dwelling (RO) Zoning District. This parcel been in the possession of the Town since 1978, and the Town does not have a use or a need for it. By selling the parcel, it will become taxable property. It is plausible, depending on who purchases the parcel, that it could become part or, or adjoined to another parcel, which could then provide greater opportunities for the taxable use of the property.

It is not often that the Town seeks to sell its property. Most frequently, Town owned parcels serve an important purpose, or provide the town flexibility for future use for easements or for Town owned-purposes. In its current form, the parcel does not have the required frontage or setback for a viable municipal purpose, or for a conforming residential structure.

Combined with another parcel however, the land may be able to be improved upon, and provide greater flexibility for a potential owner. Should a direct abutter choose to incorporate the lot into an adjoining parcel through changes to the existing lot lines, Planning Board review will be required.

The Town obtained 0 Polk Street, known as parcel 34-31-0 in our Assessor’s Tax Maps, in 1978 through a tax taking. This occurs when taxes on a property are not collected, and as a result, the Town takes ownership. Properties that the Town acquires through a tax taking are permitted to be auctioned through a foreclosure sale process, and do not require Town

Meeting approval. In this case, an auction that was held on September 17, 1981 received no bids, and at that time, became

Town property.

Upon Town Meeting’s approval, the Select Board, through their designee, will advertise the property and negotiate terms of a sale acceptable to the Select Board, and in the best interest of the Town.