RFP-FY27-RFP-047-2026-10-13-16-22-12.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/provincetown-ma

Town of Provincetown

Department Name: Housing

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/provincetown-ma

Release Project Date October 15, 2026

Site Visit (Non-Mandatory) November 2, 2026, 12:00pm 26 Shank Painter Road

Question Submission Deadline November 23, 2026, 12:00am

Question Response Deadline November 24, 2026, 5:00pm

Response Submission Deadline November 30, 2026, 12:00pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #FY27-RFP-047 Title: 26 Shank Painter Road Housing Development

Table Of Contents

1.0 Purpose

2.0 Background

3.0 Town of Provincetown Team

4.0 Project Scope

5.0 Proposer Response Section

6.0 Evaluation

7.0 Selection

8.0 Project Schedule

Appendix Attachments A-L

Attachments:

A - 26 SP RFP Attachment A- Comparative Evaluation Criteria

B - 26 SP RFP Attachment B- Locus Maps

C - 26 SP RFP Attachment C- Property Deed

D - 26 SP RFP Attachment D- Draft LDA

E - 26 SP RFP Attachment E- JM Goldson Study

F - 26 SP RFP Attachment F- Links to Housing Studies

G - 26 SP RFP Attachment G- Policies

I - 26 SP RFP Attachment I- Cert of Tax Compliance

J - 26 SP RFP Attachment J- Cert of Non Collusion

K - 26 SP RFP Attachment K- Disclosure Statement

L - 26 SP RFP Attachment L- Cert of Authority

M - 26 SP RFP Draft Contract

1.0 Purpose

The Town of Provincetown prepared this RFP to solicit responses from interested parties to select a developer with demonstrated experience and capacity to carry out a development project that best addresses the needs and goals of the community as described in this RFP. The most advantageous proposal, from a responsive and responsible proposer, taking into consideration all evaluation criteria set forth in the RFP, will be selected.

2.0 Background

The Town of Provincetown (“Town”), through its Chief Procurement Officer, is seeking proposals from qualified developers for the creation of mixed-income ownership housing on two adjacent town-owned parcels located at 26 Shank Painter Road and 15 Browne Street in Provincetown. The parcels total approximately 0.4 acres combined. Article 9 of the Provincetown Zoning Bylaw allows three-story buildings and potentially up to four stories when providing a minimum 25% Affordable or Community units in the Shank Painter Form-Based Code District; such that the Town would prefer to see proposals that fully utilize the property in compliance with the Zoning Bylaw.

The Town intends to enter into a Purchase and Sale Agreement, and a Land Development Agreement (“LDA”) with restrictions as defined in this RFP, with the selected developer to convey the property through a lottery to eligible buyers conducted by the Town. The developer will be responsible for the design, construction, and development of the units on the property. The Town would like to see a mix of affordability levels, ranging from 80% AMI to 200% AMI, with a preference for the majority of units serving 80% AMI to 150% AMI with a local preference for those living in Provincetown, working in Provincetown, or having children who attend Provincetown Schools, as allowed by subsidy regulations and the recent state Seasonal Communities designation and guidelines. Units shall also require the buyer to be a First Time Home Buyer and be designated year-round units via a deed restriction as allowed for in the Seasonal Communities guidelines.

Interested Proposers are encouraged to attend a voluntary on-site briefing session at 12:00 p.m. on, November 2, 2026 at 26 Shank Painter Road. Attendees should pre-register for the session by emailing scorea@provincetown-ma.gov. The site visit is not mandatory; however, all proposers must familiarize themselves with the property by undertaking an independent review and analysis of physical conditions, regulatory constraints, required permit and approvals, and other legal considerations. If a Proposer is unavailable for the scheduled on-site briefing session, the Town is available to make alternative arrangements for site visit by request.

Proposers’ Responsibility for due diligence

Proposers should undertake their own review and analysis concerning physical conditions, environmental conditions, applicable zoning, required permits and approvals, and other development and legal considerations. 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 the use of the property, and shall be responsible for applying for and obtaining any and all permits and approvals necessary or convenient for the Proposer’s use. All costs and expenses of leasing and developing the property, including, without limitation, the costs of permitting and improvements, shall be the sole responsibility of the successful proposer.

3.0 Town of Provincetown Team

The Town’s team consists.

• Town Manager/ Chief Procurement officer

• Deputy Town Manager

• Housing Director

• Community Development Director

• Town Planner

• Select Board Member

The Town will use the assistance of its Town Council in its RFP process, evaluation, interview, final selection, contract negotiation, and oversight of the project’s implementation.

4.0 Project Scope

Site

The property consists of two adjacent parcels that have frontage on Shank Painter Road and Browne Street.

The first parcel is located at 26 Shank Painter Road in Provincetown and is identified as Assessor’s Map 7-2 Parcel 68. It contains approximately 13,240 square feet. The adjacent parcel at 15 Browne Street is identified as Assessor’s Map 7-2 Parcel 70 and contains 4,418 square feet, for a combined total of approximately 0.40 acre. (See Locus maps Attachment B). The property is located at the intersection of Shank Painter Road and Browne Street. It is the site of the former Provincetown Police Station, which has been demolished by the Town in anticipation of development, and is currently used for temporary parking. The Site is bordered by a condominium development to the west and a church to the east. The topography of the Site is generally flat, with elevations ranging from approximately elevation 8 to 9 ft. (NAVD88).

The Site is located close to downtown Provincetown, and is within half a mile of many community resources, including a grocery store, restaurants, churches, and primary schools.

Ownership

Please see Attachment C for the Deed and Town Meeting Vote authorizing disposition.

Zoning

The property is located within the Shank Painter Road Form-Based Code Zoning District, Tier 1 (SPFBC). (See Article 9 of the Provincetown Zoning Bylaws: https://www.provincetown-ma.gov/DocumentCenter/View/20827/2026-06-30---Zoning-Bylaw---Jun-30-2026.) The SPFBC is a mixed-use zone that encourages activated ground floor uses with residential on the upper stories, including allowing up to four stories when providing a minimum 25% Affordable or Community units with a Special Permit from the Planning Board. The purpose of the SPFBC is to promote a vibrant mixed-use corridor that prioritizes:

• Traditional development patterns and architecture that are compatible with the immediate context and reflect the historic character of the Town

• Encouraging pedestrian and cyclist uses along the corridor by creating active ground floor uses and appropriate building façades along lot frontages

• Allowing more forms of housing that addresses the needs of year-round residents

• Minimizing the visibility of vehicle parking and access in property frontages along Shank Painter Road.

Affordable and Community Housing shall be designated by the Community Housing Council, and can serve households earning 80%-150% AMI.

Utilities

• Water: Public

• Sewer: Public

• Electric:

• Gas:

Development Objectives

The Town is seeking a developer to build at least twenty-four (24), but ideally additional residential units as the site may allow and as permitted under the Zoning Bylaw. The minimum number of units (24) is based on a community engagement process conducted in 2019 and should be considered a base number with preferred consideration for additional residential units. The Town would like to see a mix of affordability levels, ranging from 80% AMI to 200% AMI, with a strong preference for the majority of units serving 80% AMI to 150% AMI with a local preference for those living in Provincetown, working in Provincetown, or having children who attend Provincetown Schools, as allowed by subsidy regulations and the recent state Seasonal Communities designation and guidelines. Units shall also require the buyer to be a First Time Home Buyer and be designated year-round units via a deed restriction as allowed for in the Seasonal Communities guidelines.

The Town would prefer to see a mix of studios and one-bedroom units, as well as some two-bedroom units.

This bedroom mix should be based on the Town’s needs, the site’s capacity, good site planning and landscaping considerations, and the market and financial feasibility of a mixed-income housing development at this location. In particular, the unit mix should reflect the needs identified in current housing studies, including resident application data from the Province Post, and Provincetown’s Housing Needs Assessment, which indicates a strong need for units for smaller households.

The Town encourages the proposers to explore the Seasonal Communities designation as it can apply to this project, to encourage the development of Town employee housing, essential employees, artists, etc.

The development will be subject to a Land Development Agreement (See example in Attachment D) in form that is acceptable to the Town.

Parking ratios for the site would favor more residential units over parking; however, the Town is interested in seeing creative solutions from Developers who can identify additional on-site or off-site parking relief opportunities.

Affordability

The Town is looking for a range of affordability levels from 80% AMI up to 200% AMI, but would consider proposals that include a wider income span to the extent feasible. However, the Town is most interested in proposals where all or the majority of the units fall within the preferred income range up to 150% AMI. If the developer proposes another unit mix, they should include a clear analysis as to the levels of affordability proposed and the reasoning behind the proposed unit and income mix.

For units with affordability restrictions, the developer shall enter into a Regulatory Agreement with the Subsidizing Agency and the Town on terms acceptable to the parties and shall, at the Town’s request, grant the Town a separate affordable housing restriction on terms acceptable to the Town and be in form and substance acceptable to the Executive Office of Housing and Livable Communities (“HLC”).

Unit Types

The development should reflect the housing needs of Provincetown, as described in the studies in Attachment F. The Town would like to see the inclusion of studios, one- and two-bedroom units as described above. Unit design should also consider universal design and visitability elements to the extent possible, as well as accessibility.

Building Design and Aesthetics

The development’s architecture should reflect and be compatible with the existing traditional architecture and style of the Provincetown community. The goal is for the development to look like it belongs in Provincetown.

The Town of Provincetown encourages the following considerations for design:

• Maximizing residential units as allowable under the Zoning Bylaw and as stated in the goals

• Native landscaping

• Outdoor common area

• Ample storage for residents

• Covered bicycle storage racks

• Onsite laundry facilities and/or in-unit laundry

• Parking ratios for the site would favor more residential units over parking as waivers from the parking requirement could be sought

• Areas for trash and recycling receptacles

• Sensitivity to neighborhood and adjacent properties in terms of construction phasing, site access, and building placement.

Energy Efficiency

The Town is looking for proposals that include building and site designs that reduce the residents’ energy, water usage and cost, and limit the project’s environmental impact. Proposals that meet Passive House, LEED or other energy efficiency standards are preferred. Proposers are encouraged to consider sources such as energy efficiency rebate programs, as well as lender and State incentives. Details regarding sustainable design features should be incorporated into the proposal.

Project Permitting

Proposals should include a description of the municipal permitting process that the developer plans to use. While the existing zoning described above allows for multi-family housing, the Town would also encourage permitting through M.G.L. Chapter 40B (Comprehensive Permit law) if it would be more efficient for the project as proposed.

Income Restricted Sales and Lottery Management

The Town will be responsible for administering and conducting the lottery for the affordable homeownership units, including establishing lottery procedures, reviewing applicant eligibility, and selecting eligible applicants in accordance with applicable requirements.

The successful respondent’s development team must demonstrate experience with affordable homeownership programs, including familiarity with eligibility requirements, Fair Housing, Local Preference, applicant documentation, income and asset verification, marketing and outreach, and affordable housing lottery procedures. Respondents should identify specific projects in which members of the proposed team have supported or coordinated an affordable homeownership lottery or similar applicant selection process, particularly in coordination with a municipality or other public agency.

The selected development team will be expected to coordinate closely with the Town and provide all necessary information, documentation, and administrative support to facilitate the lottery and subsequent sales process. If the proposed team does not have the requisite experience at the time of submission, the Respondent shall describe how such experience will be obtained, including any proposed consultants or other professionals, the process for procuring their services, and the qualifications and performance standards expected of such parties.

Potential Town of Provincetown Incentives

The Town is prepared to offer indirect and direct financial assistance and subsidy to this project to meet the stated goals. At the April 2025 Annual Town Meeting, Town voters approved a financial appropriation of up to $4 Million as a Town contribution for housing development at the site to ensure the project meets the Town’s goals. The Town’s contribution shall be considered ‘last money in’ and shall be committed only after all other identified sources of project financing have been secured, subject to a grant agreement approved by the Select Board with the Developer which shall include the acquisition of an affordable housing restriction in perpetuity to be held by the Town. In addition to funds available for direct financial subsidy, the Town of Provincetown has incentive policies for the creation of community and affordable housing, see Attachment G.

5.0 Proposer Response Section

1 Proposal Submission Requirements Evaluation of the proposals will be based on the information provided in the Proposers’ submissions in accordance with the submission requirements of this RFP and any interviews, references, and additional information requested and/or gathered by the Town. Projects meeting the minimum threshold criteria will then be judged and scored based on the Comparative Evaluation Criteria further explained and outlined in Attachment A.

The following are minimum criteria for Proposal consideration. Proposals that are submitted by the due date will be evaluated for conformance with the below stated minimum criteria. Proposals that meet the minimum will then be scored. Proposals that do not clearly and fully convey compliance with these minimum criteria will not be considered.

• Complete conformance with all Submission Requirements (Sec. VI)

• Proposer must have a minimum of 5 years’ experience in housing development

• A successful track record of at least 2 similar projects

• A list of at least 3 references

• Availability to begin work towards permitting within 60 days of executing the Land Development Agreement and show sufficient staff resources and availability to perform required services

• Complete required forms found in Attachment I (Certificate of Tax Compliance), Attachment J (Certificate of Non-Collusion), Attachment K (Disclosure Statement required by M.G.L. c. 7C, Section 38 (formerly M.G.L. c. 7, Section 40J) and Attachment L (Certificate of Authority)

1.1 Development Team*

The proposal must clearly identify the development team, the individuals and organizations to be involved in the development, including the project manager, and the experience of these parties. The development team may include, without limitation, the developer, lottery and monitoring agent, architect, contractor, engineers, consultants, lenders and investors. Proposals must include:

• The name, address, e-mail address, and telephone number of the proposer; the name of any representative authorized to act on his/her behalf, and the name, title and contact information for the individual designated by the developer to receive all correspondence from the Town and its agents.

• The names and primary responsibilities of each individual on the development team. Identification of the development team, such as architects, engineers, landscape designers, contractor, and development consultants. In addition, provide background information, including firm qualifications and resumes for principals and employees expected to be assigned to the project.

• If the proposer is not an individual doing business under their own name, a description of the firm and legal form and status of the organization (e.g., whether a for-profit, not-for-profit, a general or limited partnership, a corporation, LLC, LLP) and the jurisdictions in which it is registered to do business. If the proposer is a non-profit entity, please include a list of the organization’s Board of Directors and areas of expertise they represent.

• The ownership structure of the entity to enter into a Land Development Agreement with the Town and its relationship to any investors, lenders and guarantors of debt, if any.

• Identification of all principals, partners, co-venturers or sub-developers participating in the transaction, and the nature and share of participants’ ownership in the project.

• A summary of the developer’s and the development team’s experience, both collectively and individually, with similar projects. Particular attention should be given to demonstrate experience with projects of a similar scale and complexity, site conditions, permitting issues, lottery procedure, design and financing, as well as location. Proposers should demonstrate the ability to perform as proposed and to complete the project in a competent and timely manner, including the ability to pursue and carry out design, permitting, financing, construction, and marketing/unit absorption.

• A list of all projects in progress or planned with details of their current status.

*Response required

1.2 Proposer Narrative*

Proposers should include the following in a narrative about the project:

• Provision of third-party references for 3 completed projects including one affordable housing project.

Provide contact names, title and current telephone numbers, who can provide information to the Town concerning the Proposer’s experience with similar projects.

o For referenced projects: project name, location, project type, number of residential units, project scope, start date, projected and actual completion date, total development costs, development team, key personnel, and current status.

• Details why the Proposer’s experience is relevant to the 26 Shank Painter Road housing project

• Description of the organizational structure of the development team and a plan for the maintenance of effective communications between the Town and the development team during all phases of the project.

• Information regarding any legal or administrative actions past, pending or threatened that could relate to the conduct of the Proposer, its principals or any affiliates.

• Confirmation that no local, state or federal taxes are due and outstanding for the development team or any constituent thereof.

*Response required

1.3 Development Concept*

The proposal must include a detailed description of the development concept for the property and its improvements, including but not limited to:

• Number and size of units (square footage and number of bedrooms) and affordability levels. Include narrative as to why/how the mix of bedrooms, sizes and affordability was determined to ensure project financial feasibility and appropriateness for the marketplace.

• Preliminary site design.

• Discussion of the physical plan and architectural character of the project and the various programmatic and physical elements of the development, including energy savings and green design elements of the building and site design.

• Construction staging plan and discussion of construction impacts as to how the project will be managed to limit impact on neighbors, in particular with respect to noise and traffic during the construction period.

• Project financing – provide sources and uses pro forma (see comparative evaluation criteria) and describe previous experience in securing such funding. Describe in detail what, if any, local, state or federal subsidy money will be sought to create affordability and the timeline for securing those sources. If financing incorporates the Town’s subsidy, demonstrate how the project meets Town Goals in respect to leveraging public funds.

• Letters of interest from both construction and permanent lenders (mentioned in the comparative evaluation criteria).

*Response required

1.4 Conceptual Design Drawings*

The proposal must include plans including:

• Site plan that describes parking layout and numbers of parking spaces, building footprints, and any programmed outdoor space

• Landscape plan with sufficient detail on how the plan addresses limiting the project impact on surrounding areas and the users of those areas

• Floor plans

• Elevations with exterior architectural features and material indications

• Typical unit plans

• Color Renderings

*Response required

1.5 Marketing Plan*

Please provide a marketing plan that includes the following:

• Description of the target market (e.g., pricing and the strategy for marketing through a lottery process) for both affordable and market units, if applicable.

• Identification of a marketing plan aligned with EOHLC Affirmative Fair Housing Marketing Plan standards shall be required as part of the approval of the units for inclusion on the Subsidized Housing Inventory prior to issuance of a building permit. For the proposal, the Proposer shall indicate any other lotteries they have been involved in, their role and the outcomes.

The Proposer and/or its designated lottery agent must demonstrate:

• A clear understanding of fair housing requirements/laws.

• A clear understanding of the local preference opportunities and requirements.

• A clear understanding of Seasonal Communities Public Employee Preference opportunities and requirements.

• Ability and commitment to utilize appropriate stated standards to determine program and unit eligibility.

• Ability and commitment to maintain all necessary reports and certifications required under state and federal law.

*Response required

6.0 Evaluation

Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Minimum Threshold Criteria

The following are minimum criteria for Proposal consideration.

Proposals that are submitted by the due date will be evaluated for conformance with the below stated minimum criteria. Proposals that meet the minimum will then be scored. Proposals that do not clearly and fully convey compliance with these minimum criteria will not be considered.

• Complete conformance with all Submission Requirements (Sec. VI)

• Proposer must have a minimum of 5 years’ experience in housing development

• A successful track record of at least 2 similar projects

• A list of at least 3 references

• Availability to begin work towards permitting within 60 days of executing the Land Development Agreement and show sufficient staff resources and availability to perform required services

• Complete required forms found in Attachment I

Pass / Fail 1 (100% of Total)

(Certificate of Tax Compliance), Attachment J (Certificate of Non- Collusion), Attachment K (Disclosure Statement required by M.G.L. c. 7C, Section 38 (formerly M.G.L.

c. 7, Section 40J) and Attachment L (Certificate of Authority)

Projects meeting the minimum threshold criteria will then be judged and scored based on the Comparative Evaluation Criteria further explained and outlined in Attachment A.

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Proposer Responses & Narrative

Developer Experience & Capacity (Team)

Affordability

Site Design

Infrastructure and Green Design

Building Design

Financial Feasibility

References, Site Visits, and Presentations

Points Based 35 (100% of Total)

7.0 Selection

The evaluation committee, consisting of the Town Manager, Deputy Town Manager, Community Development Director, Housing Director, Town Planner and a Select Board representative will review and evaluate all proposals that have been received by the submission deadline based on the criteria outlined herein.

Evaluation of the proposals will be based on the information provided in the Proposers’ submissions in accordance with the submission requirements of this RFP and any interviews, references, and additional information requested and/or gathered by the Town. The Town or its designee(s) will select the developer it determines has presented the most advantageous proposal. The Town reserves the right to select the most advantageous proposal that best meets the needs of the community. This may not be the proposal that achieves the highest score or offers the highest sales price.

The Town will notify all Proposers in writing of its decision.

The Town reserves the right to disqualify any proposal or response due to insufficient supporting or explanatory information, or to request additional supporting information. The Town may request additional information of one or more Proposers relative to a proposal or qualifications. Questions shall be in writing with the expectation of a written response within a specified time. Proposers may also be invited to appear before the evaluation committee. Failure to comply with any such request will result in rejection of the proposal at issue.

The Town reserves the right to reject any or all proposals or to cancel this Request for Proposals at any time if doing so is in the best interest of the Town.

A. The Town reserves the right to reject any and all proposals in whole or in part, and to waive minor informalities, when in its sole discretion to do so is deemed to be in the best interests of the Town and to the extent permitted by law.

B. Proposals that meet all quality requirements shall be evaluated based on responsiveness to the criteria, terms and conditions contained in this RFP and its attachments. Failure to follow the instructions, meet the criteria, or agree to the terms and conditions contained in this RFP may be cause for rejection of the proposal as non-responsive.

C. All proposals shall be submitted to the Town, as and where set forth above, on or before the proposal deadline. Proposals and unsolicited amendments to proposals received by the Town after the proposal deadline will not be considered, and requests for extensions of time will not be granted. Proposers who mail proposals should allow sufficient time for receipt by the Town by the proposal deadline. Proposals received after the proposal deadline will be returned to the Proposer unopened.

D. All proposals shall be signed in ink by the Proposer. If the Proposer is a corporation, the authority of the individual signing shall be endorsed upon, or attached to, the proposal and certified by the clerk of the corporation.

E. All proposals submitted shall be binding upon the Proposer for a minimum period of one hundred twenty (120) calendar days following the opening of proposals.

F. Proposals submitted to the Town shall be securely kept and shall remain unopened until the proposal deadline and the opening of proposals.

G. Proposals once submitted may, upon request of the Proposer prior to the proposal deadline, be withdrawn or amended. If amended, resubmission of the proposal shall comply with all requirements of this RFP.

H. Negligence on the part of the Proposer in preparing the proposal confers no right of withdrawal after the proposal deadline. The Town does not assume any responsibility for errors, omissions, or misinterpretations which may have resulted in whole or in part from the use of incomplete proposal documents. Any Proposer finding an ambiguity, inconsistency, or error shall promptly notify the Town.

I. If it becomes necessary to revise any part of this RFP or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all Proposers who have requested this RFP and provided their contact information. No addenda will be issued within the immediate three (3) business day period prior to the proposal deadline.

J. By submitting a proposal in response to this RFP, the Proposer shall be deemed to have certified that no officer, agent, or employee of the Town has a direct or substantial financial interest in the procurement, that the proposal is submitted in good faith and exclusively on Proposer's own behalf, without fraud, collusion or connection of any kind with any other Proposer for the same work or with any undisclosed party.

K. Proposers may add additional stipulations or otherwise qualify their proposals, but the Town shall retain the sole right to judge the importance of any such stipulation or qualification. If the Town determines that the stipulation or qualification is not in its best interest and/or is materially unacceptable, and if the Proposer does not clearly indicate this to be an alternative for consideration, then the Town reserves the right to reject such proposal.

L. Selection of a Proposer’s proposal will not create any rights on the Proposer’s part, including, without limitation, rights of enforcement, equity or reimbursement, until the Land Development Agreement and all related documents are fully executed.

M. It is understood, agreed upon and made a part hereof, and shall be a part of the Land Development Agreement, that the Agreement entered into between the Town and the Proposer shall not be assigned or assignable by way of sub-contract or otherwise, unless or until the Town shall have first assented thereto in writing.

N. The Town reserves the right to modify any specifications and submission requirements associated with the proposal and the scope of the project.

8.0 Project Schedule

It is the intent of the Town to enter into a Land Development Agreement and Purchase and Sales Agreement with the selected proposer within 90 days of selection. The Land Development Agreement will be finalized after the selection process. A draft Land Development Agreement can be found at Attachment D.

The proposed development should be completed within 3 years of the execution of the Purchase and Sales Agreement. Extensions may be granted at the discretion of the Select Board. The proposal must include a description of how the development concept will be implemented, including, but not limited to:

• Detailed development schedule for all elements of the plan including key milestones, financing benchmarks, zoning approvals and compliance, and projected completion/occupancy timeframes.

• Outline of the required land use, environmental, operation, and other governmental or regulatory approvals, including zoning, development and environmental permits. The proposer should provide a schedule for securing approvals as part of the proposal. The Proposer should note what zoning variances, special permits or modifications, if any, are required as part of the development plan.

1 Land Development Agreement and Purchase & Sale

90 days from selection

2 Availability to Begin Work

60 days from LDA/P&S

3 Completed Development

3 years from P&S

ATTACHMENT A

Comparative Evaluation Criteria: 26 Shank Painter Road. Provincetown Unacceptable Acceptable Advantageous Highly Advantageous Developer Experience & Capacity (Team)

• Demonstrated experience in and capability for designing, permitting, developing and managing similar residential projects.

• Outcome of comparable projects

• Property management experience with similar projects

• The quality of the team’s reputation and references, particularly in terms of its regulatory track record and ability to complete projects as proposed

• Success in marketing approach, including affirmative fair housing marketing plans and lottery, meeting State requirements

Development team members have experience with less than 2 similar successful projects of similar scope – including legal, permitting, design, development, and financing. References are not provided as required and/or are poor and do not indicate positive experiences. Proposal lacks detail on experience with, or partnership with a firm with experience with, conducting lottery for the sale of affordable units.

Development team members have experience with 2 similar successful projects of similar scope – including legal, permitting design, development, and financing. Proposal indicates developer team has some experience with, or partnership with a firm with experience with, conducting lottery for the sale of affordable units. References included are generally positive.

Development team members have experience with 3 similar successful projects of similar scope – including legal, design, financing, affordable housing management. Energy-efficient buildings are part of standard approach. Proposal indicates developer team has adequate experience with, or partnership with a firm with experience with, conducting lottery for the sale of affordable units. References are positive and indicative of a successful track record.

Development team members have experience with 4 or similar successful projects of similar scope – including legal, permitting design, financing. Energy- efficient buildings are part of standard approach. Proposal indicates developer team has extensive experience with, or partnership with a firm with experience with, conducting lottery for the sale of affordable units.

References are exceptional and show high levels of previous success and good relationships.

Affordability Proposal meets a range of incomes, with most targeting the 80% to 150% AMI range.

Proposed affordability mix does not include a majority within the stated income range, with little to no explanation of the

Proposal includes some units within the affordability range, but include more than 25% unrestricted units.

Proposal includes most units within the stated affordability range, and may include a few 200% and/or unrestricted units with

Proposed affordability mix falls entirely within stated AMI range.

deviation from the stated preference.

adequate indication of project feasibility requirements for this mix.

Site Design

• Thoughtful and efficient site design using the natural topography of the site as much as feasible

• Efficient, safe internal traffic flow

• Underground utilities

• Exterior lighting – minimal impact to neighbors and night sky

• Landscape plan including within parking area includes native plantings and, when feasible, enhances rather than replaces existing vegetation

• Designated area for snow

• Relief for parking requirements may be available

• Keep natural buffer to surrounding residential neighbors

• Respects adjacent properties

• Provides outdoor community gathering area

• Includes covered bike racks

Proposal fails to meet the majority of the RFP criteria for site design.

Proposal meets most of the RFP site design criteria but may be missing a few key elements.

The proposal meets all of the RFP site design criteria with thoughtful building siting, safe, efficient traffic flow, and natural buffers to surrounding neighborhoods.

Proposal exceeds all of the criteria.

Infrastructure and Green Design

• Underground utilities

• Storm water management uses standards of low impact development

• Building is designed and placed for maximum solar potential

• Roof construction is “solar ready” (designed to support solar panels)

• Meets green design standards for LEED, Passive House, or other comparable programs

Proposal fails to meet a majority of the RFP criteria for infrastructure and green design

The proposal meets most of the RFP infrastructure and green design criteria.

The proposal meets all of the stated criteria for infrastructure and green design.

Proposal exceeds all of the criteria, especially when it comes to the inclusion of green design.

Building Design

• Proposal maximizes unit capacity on the site.

• Exterior is of high quality, while remaining compatible with local architectural design in its shape and material use.

• Creatively designed building that is cost effective and high quality

Design appears incongruous with local designs and vernacular and does not comply with a majority of the RFP criteria for building design. May present less than 24 units or more than 36 units.

Proposal presents less than 24 units, and complies with most of the RFP requirements.

Design may not be as compatible with local architecture.

Proposal presents between 24 and 30 units. Design reflects or complements local designs. Complies with all of the RFP criteria and preferences, and building design is generally aesthetically in line with surrounding neighborhood.

Proposal presents between 30 and 36 units. Design proposal articulates a creative development vision that is a cost-effective, energy efficient, attractive design that reflects and/or complements the local vernacular. Complies with all the RFP criteria and preferences.

Financial Feasibility

• Adequacy of proposed budgets (development and operating)

• Appropriateness of sale prices in relation to the market

• Track record of securing proposed financing

Proposals does not demonstrate an understanding of development costs and operating budgets for affordable housing and/or development team does not have a successful record of securing financing.

Proposal presents a development and operating budget that is feasible but may present some concerns. Adequate evidence of securing financing is included.

Proposal contains realistic development and operating budgets and evidence of success in securing necessary financing.

Proposal contains realistic development and operating budgets and evidence of a high degree of success in securing necessary financing and other sources of funding.

References, Site Visits, and Presentations

• A minimum of three references including references from all projects undertaken in the last 5 years

• The evaluation committee may choose to visit proposers’ completed projects

• The evaluation committee will require that proposers present their proposals.

Did not provide minimum of 3 references not met, or references were poor and/or inadequate.

Properties visited were in poor condition.

References for previous projects were generally positives.

Properties visited were in adequate condition.

Strong references reflecting projects came in on time and within budget, good property management structure.

Properties visited were in good condition, site layout was efficient, and buildings were well designed.

Strong references reflecting timely completion, excellent budget control, excellent lottery management structure and professionalism of developer. Properties visited were in great condition, site layout building design, and landscaping excellent, and use of energy efficient and durable materials.

Attachment B - Locus Maps – 26 Shank Painter Road, Provincetown, MA 02657

ATTACHMENT D

DRAFT LAND DEVELOPMENT AGREEMENT

THIS LAND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of this _____ day of _____________________, 202___ by and between the Town of Provincetown, acting by and through its Select Board, having an address of Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02667 (the “Town”), and ______________________________, a Massachusetts ___________________, having an address of _________________________________ (the “Developer”).

Recitals

WHEREAS, the Town is the owner of a parcel of land (the “Property”) located at 26 Shank Painter Road, and 15 Browne Street, Provincetown, Massachusetts, consisting of 0.4 acres, more or less, and described in a Quitclaim Deed recorded with the Barnstable Land Court Registry of Deeds (the “Registry”) in Certificate No. XXX;

WHEREAS, by the vote under Article __ of the _______ Special Town Meeting, the Town authorized the Select Board to acquire the Property for general municipal purposes on such terms and conditions as the Selectboard deems appropriate;

WHEREAS, on ________, the Town issued a Request for Proposals (the “RFP”), which is incorporated herein, soliciting proposals for the development, construction and operation of at least thirty-six (36) affordable rental housing units on the Property, which land is shown more particularly on the plan attached hereto as Exhibit A and incorporated herein;

WHEREAS, the Developer submitted a proposal on ______________, 2023 in response to the RFP (the “Proposal”), which is incorporated herein, proposing to construct _____________ (___) dwelling units on said portion of the Property (as defined below, the “Improvements”), as more particularly described in the RFP and the Proposal, and operate an affordable housing ownership development thereon (collectively, the “Project”);

WHEREAS, the Town has awarded the Project to the Developer;

WHEREAS, the Town and the Developer intend to enter into an Offer to Purchase/Purchase & Sales attached hereto as Exhibit B and incorporated herein (the “Offer”), pursuant to which the Developer will construct the Improvements and operate the Project;

WHEREAS, the obligations of the Town and the Developer to enter into the conveyance are contingent, among other things, on the Developer obtaining the permits and approvals necessary for the construction and operation of the Project and on financing in amounts sufficient in the Town’s and Developer’s reasonable judgment to construct the Improvements; and

WHEREAS, the parties wish to enter into this Agreement to memorialize the terms and conditions under which the Town and the Developer will convey the Land.

NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration each to the other paid, receipt of which is hereby acknowledged, the parties hereby agree as follows:

I. SALE CONTINGENCIES

1.1 Sale of the Property. The Town shall, within thirty (30) days from the date on which the Sale Contingencies (defined below) are satisfied (the “Date of Conveyance”), sell the Property, together with all appurtenant easements, rights, restrictions, privileges, licenses covenants, and other matters that benefit or burden the Property (collectively, the “Premises”), to the Developer for the purpose of developing and operating the Project on terms substantially similar to the terms and conditions set forth in the Offer attached hereto as Exhibit B and incorporated herein, which shall include terms governing the construction and development of the Project on the Property. The Developer shall be solely responsible for the Premises and the Project, including, without limitation, any and all insurance, operating and maintenance costs, and applicable taxes, among other costs and expenses.

1.2 Condition of Property. The Premises will be delivered to the Developer, and the Developer, subject to the provisions of Section 2.1, hereby agrees to accept the Premises in their then “AS-IS” condition, without any representation or warranty of any kind or nature, express or implied, in fact or by law, on the part of the Town and without recourse to the Town. The Town shall have no obligation to do any work on or make any improvements to or with respect to the Premises or the condition thereof. The Developer acknowledges that the Town has no responsibility for, and hereby releases and holds harmless the Town from any and all damages, loss, costs, expenses (including any and all attorneys’ fees, and expenses of the Town), claims, suits, demands or judgments of any nature whatsoever, related to any 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, G. L. c. 21E, the Massachusetts Hazardous Waste Management Act, 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”). The provisions of this Section shall survive the expiration and/or termination of this Agreement.

1.3 Use of the Premises. The Developer will use the Premises for the sole purpose of constructing __________ (_#___) residential units thereon and renting _____________ (____) at community prices. The units shall consist of _______ (_#__) studios and _______ (_#__) one-bedroom units, subject to minor modification during the permit process.

1.4 Sale Contingencies. The Town shall convey the Premises to the Developer on the Date of Conveyance, which is to occur within thirty (30) days from the date on which all of the following conditions have been satisfied (collectively, the “Sale Contingencies”):

(a) Permits and Approvals: The Developer shall have received final permits and approvals for construction of the Improvements and the operation of the Project, any and all appeal periods shall have expired;

(b) Approved Plans and Specifications: The Town shall have approved the Developer’s plans and specifications for the Improvements to be constructed on the Property and any other improvements made on or to the Premises, showing conceptual plans of the units, the landscaping, and the other improvements to be constructed on the Premises and substantially in conformity with the RFP and the Proposal (the “Improvement Plans”), which approval shall not be unreasonably delayed, conditioned or withheld. The Town and the Developer agree to cooperate reasonably and in good faith with each other to resolve any objections that either may have. The provisions of this Section are intended to refer to the approval of the Provincetown Select Board and do not constitute the approval of or substitute any permits or approvals required from any federal, state and/or local regulatory bodies or approvals required under any applicable laws, rules, regulations, and bylaws, including the Town of Provincetown Zoning Bylaws;

(c) Project Financing Closing: The Developer shall have received firm Project financing commitments from institutional lenders and/or public or quasi-public entities, showing that sufficient funds have been committed, in the Town’s and the Developer’s reasonable judgment, to construct the Improvements and to operate and maintain the Project (the “Project Funds”), and Developer shall close on such financing and receive the Project Funds on or prior to the Sale Date.

(d) Community Housing Restriction. On the Date of Conveyance, the Developer will record a restriction on the Property ensuring that all units constructed on the Property are sold to persons at affordable prices; specifically, ______ (___) units shall be sold to persons earning no more than _______ percent (___%) of the area median income in the Metropolitan Statistical Area that includes the Town of Provincetown (“AMI”), _______ (___) units shall be sold to persons having an income of no more than ________ percent (___%) of AMI, and the remaining _______ (___) units shall be sold to persons with incomes of no more than _________________ percent (___%) of AMI, in perpetuity, which restriction shall be on terms satisfactory to the Developer and the Town and approved by the Massachusetts Executive Office of Housing and Livable Communities (“HLC”) under G.L. c. 184, § 31, including all the units in the Town’s Subsidized Housing Inventory (“SHI”), which may be in the form of a Regulatory Agreement acceptable to and entered into by and among the Developer, the Town, and HLC, and/or a separate restriction granted by the Developer to the Town, at the Town’s sole discretion (either or both, the “Restriction”). The Restriction shall be recorded with the Registry at the Developer’s sole cost and prior to any mortgages, liens or other encumbrances recorded against the Property (unless each mortgage or lien holder shall have executed a subordination agreement, acceptable to the Town, expressly subordinating its mortgage or other lien to the Restriction).

(e) Title Matters. The Property shall be free from recorded monetary liens and from title defects or encumbrances of record that would materially interfere with the use of the Premises for the development and operation of the Project. In the event that title defects are found, the Town will use reasonable efforts to cure said defects, provided that reasonable efforts shall not require the Town to expend more than $2,500, inclusive of attorney’s fees, or commence any…