Revised 65 North Main Street Property Sale no 3 RFP 8-12-26 Final pdf.pdf

TOWN OF MIDDLETON

REQUEST FOR PROPOSALS

For the

Disposition of Real Property (Former Police Station)

At 65 North Main Street

Parcel ID: M a p 1 7 , L o t 9 6 Middleton, MA 01949

Contents

REQUEST FOR PROPOSALS

SUBMISSION REQUIREMENTS

CONTRACT TERMS AND CONDITIONS

MUNICIPAL PROPERTY OVERVIEW

PROPERTY DESCRIPTION

CONDITION OF PROPERTY

SITE INFORMATION

SITE INSPECTION/DUE DILIGENCE

M.G.L. CHAPTER 21E

SUBDIVISION/PERMITS/APPROVALS

ZONING

QUESTIONS

REQUESTS FOR ADDITIONAL INFORMATION

MISCELLANEOUS

EVALUATION AND DECISION-MAKING PROCEDURES

PRICE PROPOSAL FORM

EXHIBIT A CERTIFICATE OF NON-COLLUSION

EXHIBIT B

EXHIBIT C

EXHIBIT D

(1) If a Proprietorship

(3) If a Corporation, Limited Liability Company, or other entity

(4) If a trust

EXHIBIT E………………………………………………………………………………………………………………………………………………..…………………20

REQUEST FOR PROPOSALS

REAL ESTATE DISPOSITION TOWN OF MIDDLETON

MIDDLETON, MASSACHUSETTS 01949

The Town of Middleton, Massachusetts is seeking proposals for the disposition of a property consisting of

1.0 acres at 65 North Main Street in Middleton MA.

Sealed proposals will be received at the Office of the Town Administrator, Town Hall, 105 S. Main Street, Middleton, Massachusetts 01949 until Friday, September 11th, 2026 at 12:00pm noon, at which time and place they will be publicly opened and read aloud. Delivery to any other location within Town Hall or other location shall not satisfy this requirement.

A proposal will remain in effect for a period of 60 calendar days from the deadline for submission of proposals or until it is formally withdrawn, a lease or land disposition agreement is executed, or this RFP is cancelled, whichever occurs first.

Copies of the Request for Proposals may be obtained at the Office of the Town Administrator on and after Wednesday, August 12th, 2026, between the hours of 9:00 A.M. and 5:00 P.M.

The successful offeror must be an Equal Opportunity Employer.

Offerors may correct, modify, or withdraw proposals prior to the proposal opening. An offeror who wishes to withdraw a proposal must make the request in writing. Any corrections or modifications to a proposal must be submitted in writing. Corrections or modifications must be in a sealed envelope when submitted.

The Town of Middleton reserves the right to reject any or all proposals, waive any informality in the proposal process, and accept the proposal deemed to be in the best interest of the Town.

One (1) copy of the proposal must be delivered in a sealed package, plainly marked "RFP for Real Estate Disposition 65 North Main Street" and addressed to Justin Sultzbach, Town Administrator, Town of Middleton, Town Hall, 105 S. Main Street, Middleton, MA 01949. All proposals require a refundable deposit in the form of a certified check or money order made payable to the Town of Middleton in the amount of five percent of the proposed purchase price. Deposits of proposers not selected shall be refunded.

SUBMISSION REQUIREMENTS

All proposals must be submitted in a sealed envelope and/or package clearly labeled with the following three items:

1. Title: PROPOSAL FOR DISPOSITION OF REAL PROPERTY

Middleton, MA 65 North Main Street

MAP DESCRIPTION:

Parcel ID: Map 17, Lot 96

2. From: NAME AND ADDRESS OF PROPOSER

3. To: Town of Middleton

Justin Sultzbach, Town Administrator 105 S. Main Street

The Submission Deadline is:

12:00pm noon (Local time) Friday, September 11th, 2026 Town Administrator’s Office 105 S. Main Street, Middleton, MA 01949

Timely delivery of a proposal at the location designated shall be the responsibility solely of the Proposer. Proposals received after this time will not be considered. The Town assumes no responsibility for delivery made or attempted to be made outside of regular business hours. The Town will not accept a bid delivered by telephonic, electronic or facsimile means.

All proposals must contain the following:

A. Name B. Address C. Authorization to Submit Proposal (if applicable) (See Exhibit C) D. Certified Check for five percent of Proposal Price as deposit E. Written and Numerical Statement of Proposal Price (See page 13) F. Certificate of Non-Collusion (See Exhibit A) G. MGL Chapter 62C sec 49A Cert of Tax Compliance (See Exhibit B) H. Certificate of Authority (See Exhibit D) I. MGL Chapter 7C sec 38 Disclosure of Beneficial Interest (See Exhibit E)

CONTRACT TERMS AND CONDITIONS

The following terms and conditions will apply to the sale of the property described within this Request for Proposals:

1. The sale of the property is subject to review and recommendation by the Town

Administrator. The sale of the property is subject to the provisions of G.L. Chapter 30B and any/all other applicable state/local provisions. The Middleton Select Board must approve the disposition of the property.

2. The property was recently appraised at $1,000,000, however the Town is establishing a minimum price proposal of $650,000.

3. The selected Buyer must execute a Purchase and Sale Agreement with the Town of

Middleton in substantially the same form as is attached hereto as Exhibit F within thirty days of notice by the Town of the award to the selected Buyer. An additional 10% deposit (15% total deposit amount) must be submitted to the Town at the time of execution of the Purchase and Sales Agreement. The Town reserves the right to waive or extend this deadline as it sees fit.

4. The selected Buyer must purchase the property in accordance with the terms and conditions of the Purchase and Sale Agreement.

5. The Town will retain ownership of and may remove any and all elements referencing the Town of Middleton or Middleton Police Department including signage and equipment (including cell doors), memorials on property, and flag poles. The town will take care in removal of these items but will not be responsible for restoring any areas where an item is removed.

6. The selected Buyer agrees to buy the property “AS IS” and agrees 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 Buyer shall be solely responsible at its sole cost and expense for its own inspection of and due diligence on the property.

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

MUNICIPAL PROPERTY OVERVIEW

PROPERTY DESCRIPTION

The property is located at 65 North Main Street. The lot is 43,560 square feet (1.00 acres). The structure is a two-story wood-frame and brick building with 10,496 square feet of gross floor area.

Additional building information is contained in the attached appraisal labeled as Attachment A.

CONDITION OF PROPERTY

The property for disposition is available “AS IS” and the Town of Middleton will not make any improvements or changes to the property as a condition of sale. Conveyance to the successful Proposer shall be subject to all restrictions and conditions of record, insofar as they may be in force and applicable to said parcel and are subject to the Town of Middleton Zoning By Law.

SITE INFORMATION

The property is located near a signalized intersection with frontage on North Main Street (Route

114) and abuts a business use to the northwest (car dealership), and multi-family uses to the south and east, with single family residences across the street. The site is served by town water, and uses an on-site sewage disposal system. The front 60% of the parcel is zoned for Business (B) use along the street, and the remaining 40% is zoned for two family residences(R-2) in the rear. The Town’s zoning regulations allow for the less restrictive area to extend thirty feet into the more restrictive area which in this case makes 70% of the lot area along the street available for business use. The lot was formerly residential until approximately 1971 when it became a police station. There is soil and/or ground contamination that has migrated from the adjacent car dealership property (DEP Site #3-034062).

SITE INSPECTION/DUE DILIGENCE

A walk-through of the building is available upon request.

The Town of Middleton makes no representation or warranty, express or implied, as to the accuracy and completeness of the information in this RFP. The proposer assumes all risk in connection with the use of the information, and releases the Town from any liability in connection with the use of the information provided by the Town. Further, the Town 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. The Property will be sold in “AS-IS” condition.

Each proposer shall undertake its own review and analysis (due diligence) concerning the physical and environmental condition of the property, applicable zoning and other land use laws, required permits and approvals, and other development, ownership, and legal considerations pertaining to the property and any proposed use. All costs and expenses of purchasing and developing the property, including without limitation, all costs of permitting and improvements, shall be the sole responsibility of the successful proposer.

M.G.L. CHAPTER 21E

The Town of Middleton has not undertaken a full M.G.L. Chapter 21E study for the property.

The property has been used as a municipal building, specifically a police station. The parcel does have some contamination on the site which is presumed to be due to activities on the adjacent lot (Lot 95) as it has been operated as a used car dealership. However, the Town does not warrant that any land parcel available for disposition is free and clear of any contamination as defined by Chapter 21E. Proposer will assume all costs and responsibilities for any contamination and will hold the Town harmless for any costs to remediate the property of any contamination.

SUBDIVISION/PERMITS/APPROVALS

While the town will provide guidance in this process, all costs and responsibilities for obtaining any necessary or desired subdivision approval, zoning, and/or site plan approval, and releases for any easements, covenants, or any other restrictions that may be present on the property will be the responsibility of the Buyer including but not limited to any municipal, state or federal provisions.

ZONING

Allowed uses will be according to the Town of Middleton Zoning By-Law. Any proposed use of the property shall be in compliance with the applicable Zoning District. The Premises are zoned Business (B) and Village Residential (R-2); these zoning classifications do not support all potential uses. Relief may be provided where appropriate at the discretion of the Zoning Board of Appeals.

QUESTIONS

Proposers may submit requests for clarification and any questions about information contained in this RFP in writing and addressed to: Town Administrator’s Office, Town Hall, 105 S. Main Street, Middleton, MA 01949, or by email to Justin.Sultzbach@middletonma.gov . Proposers are requested to forward questions early in the procurement process and no later than Friday, September 4th, 2026 at 12pm noon.

The name, address, telephone number and e-mail address of the person requesting the information must be provided by the Proposer. Answers to all questions of a substantive nature shall be provided in writing to all proposers. The Town will issue an addendum to this RFP to address the written questions submitted by the aforementioned deadline. Only answers provided by the Town in writing may be relied upon by the proposers.

REQUESTS FOR ADDITIONAL INFORMATION

The Town reserves the right to request additional information from any and all proposers if it is deemed necessary in order to identify the most advantageous proposal, and may request proposers to appear before the awarding authority at a public meeting to make presentations or answer questions concerning their proposals.

mailto:Justin.Sultzbach@middletonma.gov

1. The Proposer must have cash or pre-approval for full funding of the purchase price.

Financing shall not be a contingency of the sale.

Rule for award:

The most advantageous proposal from a responsive and responsible proposer, taking into consideration price and all other evaluation criteria set forth in the Request for Proposals.

MISCELLANEOUS

AMENDMENTS/MODIFICATIONS TO PROPOSALS

The Proposer may, at any time prior to the deadline for submission of the Proposals, amend or modify their Proposal by submitting their amendment/modification to the address specified in the RFP, in a sealed envelope/package containing the amendment/modification and clearly marked with the following:

1. Title: PROPOSAL FOR DISPOSITION OF REAL PROPERTY (Amendment) Middleton, MA 65 North Street

MAP DESCRIPTION:

2. From: NAME AND ADDRESS OF PROPOSER

3. To: Town of Middleton

Justin Sultzbach, Town Administrator 105 S. Main Street

All proposals, including the price stated therein, submitted in response to this Request for Proposals must remain firm for sixty days following the bid opening.

WITHDRAWAL OF PROPOSALS

Any Proposer may withdraw its Proposal at any time prior to deadline established in this RFP.

Any Proposer wishing to withdraw a Proposal must provide a written authorization and/or acknowledgment that they are withdrawing their Proposal and that the Town of Middleton is held harmless from any responsibility as a result of the Proposal withdrawal.

REJECTION OF PROPOSAL

The Town reserves the right to reject any / or all Proposals that do not meet the submission requirements or criteria contained in the RFP or that are not in the best interests of the Town.

ADDENDA

Any changes to the terms for this RFP shall be posted on the town website in the form of an addenda no later than Tuesday, September 8th, 2026 at 12:00pm noon.

SITE VISIT

Available upon request.

SUMMARY OF RFP SCHEDULE

Activity

Date

Post in Central Register/Commbuys Wednesday, August 12th, 2026 Advertise in local newspaper Thursday, August 13th, 2026

Thursday, August 27th, 2026 Site Visit Upon Request Deadline for questions Friday, September 4th, 2026 at 12:00pm noon

Response to questions and deadline for posting of addenda

Tuesday, September 8th, 2026 at 12:00pm noon

Submission Deadline and Opening of Proposals

Monday, September 14th, 2026 at 12:00pm noon

TOWN’S RIGHT TO REJECT PROPOSALS AND/OR CANCEL DISPOSITION

The Town of Middleton reserves the right to reject any and all proposals that do not meet the requirements set forth in the RFP or that are not in the best interests of the Town or to cancel this disposition of real property. The Middleton Police Department has fully vacated the property and will not have any impact on the timing of this transaction.

EVALUATION AND DECISION-MAKING PROCEDURES

The proposals will be opened publicly on Monday, September 14th , 2026 at 12:00pm noon, at the Town Hall, 105 S. Main Street, Middleton, MA. The Select Board will review the proposals at their Tuesday, September 29th, 2026 meeting. After the review of the proposal recommendation and a compliance check in conjunction with other Departments, the Select Board may issue a Notice of Award to the successful proposer. The Town of Middleton reserves the right to reject any and all proposals that do not meet the requirements set forth in the RFP or that are not in the best interests of the Town or to cancel this disposition of real property.

PRICE PROPOSAL FORM

In accordance with the information, terms and conditions attached hereto, I (We) hereby offer to purchase from the Town of Middleton the property identified as:

An approximate 1.00-acre parcel and building in the Town of Middleton, MA 6 5 N o r t h M a i n S t r e e t

Middleton, MA 01949

For the sum of:

Offer Written:

Dollars

This proposal shall remain firm for sixty days following the date of the bid opening. Attached hereto is a certified check or money order drawn on a banking institution licensed in the Commonwealth of Massachusetts in an amount equal to five percent of the above offer which shall serve as surety for the faithful performance of this disposition of property from the Town of Middleton. This sum shall be forfeited to the Town of Middleton if selected bidder does not execute a purchase and sale agreement as required herein. Bid deposits of parties not selected will be returned.

Signature of Proposer

Print Name

Address

City State Zip

Telephone #

E-mail address:

NOTE: If a partnership, corporation or limited liability company, list all partners, officers, members, etc. of the entity and include a sealed corporate vote to allow an individual to act on this matter.

Partnership / Corporation/ LLC Officers Names & Addresses

The Town of Middleton reserves the right to reject any and all proposals or to cancel this disposition of real property if in its best interest to do so.

EXHIBIT A

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under 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 Individual, or Corporation Name

By:

Corporate Officer & Title (if applicable)

EXHIBIT B

TAX COMPLIANCE CERTIFICATE

Pursuant to General Laws Chapter 62C Section 49A, the undersigned certifies under the pains and penalties of perjury that is in compliance with the laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Signature

Print Name

Title

EXHIBIT C

CERTIFICATE AS TO CORPORATE PROPOSER

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)

Title

This Certificate must be completed where 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.

EXHIBIT D

Certificate of Authority

Give full names and residences of all persons and parties having a financial interest in the foregoing proposal:

(Notice: Give first and last name in full; in case of Corporation give names of President, Treasurer and Manager; and in case of limited liability entities or partnerships, give names of the individual members.)

NAMES ADDRESSES ZIP CODE

Provide the following information regarding the Proposer:

(1) If a Proprietorship

Name of Owner:

ADDRESS ZIP CODE TEL. #

Business:

Home:

(2) If a Partnership

Full names and address of all partners:

NAMES ADDRESSES

ZIP CODE

BUSINESS ADDRESS ZIP CODE TEL. #

(3) If a Corporation, Limited Liability Company, or other entity

Full Legal Name:

State of Incorporation:

Principal Place of Business: ZIP

Qualified in Massachusetts: Yes No

Place of Business in Massachusetts: ZIP CODE TEL. #

(4) If a trust

Full Legal Name of Trust:

Date of Declaration of Trust and Recording Information:

Name of all Trustees:

NAMES ADDRESSES ZIP CODE

Authorized Signature of Proponent:

Title:

Date:

EXHIBIT E

DISCLOSURE STATEMENT FOR

TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY

M.G.L. c. 7C, §38

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: A parcel of land located at 65 North Main Street, Middleton, MA containing approximately 1.00 acres of land together with the building and other improvements thereon

(2) Type of Transaction, Agreement, or Document: Sale of property by the Town of Middleton

(3) Public Agency Participating in Transaction: Town of Middleton

(4) Disclosing Party’s Name and Type of Entity (if not an individual):

(5) Role of Disclosing Party (Check appropriate role):

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 meeting all of the conditions specified in M.G.L.

c. 7C, §38, are hereby disclosed as follows (attach additional pages if necessary):

DISCLOSURE STATEMENT FOR

TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY

M.G.L. c. 7C, §38

(6) CONT.

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 (insert “none” if none):

(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 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 arms-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 Signe