RFP- Town of North Attleboro-290 Allen Avenue . v3 260909.pdf

REQUEST FOR PROPOSALS

SEPTEMBER 9, 2026

DISPOSITION OF FORMER ALLEN AVENUE ELEMENTARY SCHOOL

PROPERTY FOR REDEVELOPMENT

290 ALLEN AVENUE

NORTH ATTLEBOROUGH, MA 02760

PROPOSALS DUE:

TUESDAY, NOVEMBER 3, 2026, BY 11 AM

TOWN OF NORTH ATTLEBOROUGH, MASSACHUSETTS

TOWN MANAGER’S OFFICE

NORTH ATTLEBOROUGH TOWN HALL

43 SOUTH WASHINGTON STREET

TIMELINE

RFP Released September 9, 2026

Optional Pre-Bid Walkthrough October 8, 2026

Deadline for RFP Questions October 14, 2026

Proposals Due November 3, 2026

TABLE OF CONTENTS

1. LEGAL NOTICE

2. GENERAL DESCRIPTION

3. AUTHORITY AND DEFINITIONS

4. GENERAL INFORMATION REGARDING THE PROPERTY

5. ZONING

6. UTILITIES

7. PRE-BID CONFERENCE AND WALKTHROUGH

8. VISION AND DEVELOPMENT OBJECTIVES

9. PROPOSAL EVALUATION AND REVIEW CRITERIA

10. PROPOSAL SUBMITTAL PLATFORM

11. PROPOSAL SUBMITTAL AND AGREEMENT REQUIREMENTS

12. PROPOSAL DUE DATE

13. TIME OF AWARD

14. SELECTION OUTCOMES

15. POST-SELECTION: PURCHASE AND SALE AGREEMENT, LAND

DEVELOPMENT AGREEMENT, AND GROUND LEASE AGREEMENT

16. GROUND LEASE

17. RESERVATION OF RIGHTS

18. CERTIFICATE OF VOTE OF AUTHORIZATION

19. AS-IS

APPENDIX A – SUBMITTAL REQUIREMENTS CHECKLIST SUBMITTED ON

OPENGOV PROCUREMENT

1. LEGAL NOTICE

TOWN OF NORTH ATTLEBOROUGH, MA

September 9, 2026

PROPOSAL DUE DATE:

11:00 a.m. (EST), Tuesday, November 3, 2026

Apply online at: https://procurement.opengov.com/portal/nattleboro

The Town of North Attleborough is soliciting responses from interested parties regarding the disposition, by sale, of a surplus elementary school and land for the purpose of redevelopment.

The surplus property is located on an approximately 16.6-acre parcel at 290 Allen Avenue in North Attleborough, Massachusetts. The property includes the former Allen Avenue Elementary School, a 14,813 sq. ft. building, as well as a 1,968 sq. ft.

portable classroom attached to the rear of the building and an 80 sq. ft. storage shed.

The site also contains approximately 6,600 sq. ft. of asphalt pavement.

An Adult Retirement Community (55+) is permitted under the new § 290-9.2 MXO (Multi-Use Overlay Districts) or § 290-33 (Adult Retirement Community zoning ordinance). A Chapter 40B permit for the development of senior housing will also be considered, particularly for proposals seeking greater density than allowed under the Adult Retirement Community special permit.

Further, commercial or other residential uses are permitted under § 290-9.2, MXO (Multi-Use Overlay District), and will also be considered. Proposals will be evaluated based on the proposed concept plan, among other criteria; however, preference will be given to proposals for senior housing. All affordable housing units must qualify for inclusion on the subsidized housing inventory as maintained by the Executive Office of Housing and Livable Communities.

The Town intends to enter into a Land Development Agreement with the selected developer for affordability restrictions.

Potential responders are encouraged to read the full set of documents contained and referenced in the Request for Proposals (RFP) for additional details regarding this disposition of building and land, and the conditions of the Proposal request. The Request for Proposals and documents may be obtained online on the OpenGov procurement platform: https://procurement.opengov.com/portal/nattleboro.

An optional pre-bid walkthrough of the interior of the building and the land will be held at 10:00 a.m. on Thursday, October 8, 2026. Attendees must register at least 72 hours in advance. To register, email Gil Hilario, Town Planner, at ghilario@nattleboro.com.

https://procurement.opengov.com/portal/nattleboro https://procurement.opengov.com/portal/nattleboro mailto:ghilario@nattleboro.com

Questions regarding the RFP can be submitted through the OpenGov Procurement platform and must be submitted no later than Wednesday, October 14, 2026.

Pursuant to M.G.L. c. 30B, § 16, sealed proposals must be submitted electronically through the OpenGov Procurement platform and received no later than 11:00 a.m.

on Tuesday, November 3, 2026. Proposals received after the specified time will not be considered. All proposals will be taken under consideration for award of contract at a later date. All proposals will remain in effect for a period of one hundred twenty

(120) calendar days from the deadline for submission, or until this RFP is cancelled, whichever occurs first.

The Town will award the sale to the most advantageous proposal from a responsive and responsible proposer, taking into consideration price and all other evaluation criteria set forth in the RFP. The Town reserves the right to waive any informalities in a proposal and to reject any and all proposals if it is deemed to be in its best interests to do so.

2. GENERAL DESCRIPTION

The Town of North Attleborough (the "Town"), acting by and through its Town Manager, is offering to sell a Town-owned building known as the former Allen Avenue Elementary School located at 290 Allen Avenue, North Attleborough, MA 02760 on land known as Lot 26-33. The Town is seeking a development team with demonstrated experience and capacity to undergo a redevelopment project that meets the goals of the Town as described in the RFP. Preservation of the building is not required.

3. AUTHORITY AND DEFINITIONS

Pursuant to M.G.L. c.30B, Section 16, the Town of North Attleborough seeks proposals for the disposition of certain municipally owned real estate. Where the following words or phrases appear in this RFP, they shall have the meanings defined below.

Town: The Town of North Attleborough, Massachusetts.

Property: The municipally owned land considered for redevelopment and is currently comprised of improved land with existing structures and unimproved land. The Property includes the former Allen Avenue Elementary School, a 14,813 sq. ft.

building, as well as a 1,968 sq. ft. portable classroom attached to the rear of the building and an 80 sq. ft. storage shed. The site also contains approximately 6,600

sq. ft. of asphalt pavement.

Project: The disposition and redevelopment of 290 Allen Avenue for purposes authorized by the Town pursuant to this RFP.

Proposer/Respondent: The entity submitting a proposal in response to this RFP.

4. GENERAL INFORMATION REGARDING THE PROPERTY

The following documents are available upon request via OpenGov Procurement:

1. Property deed: book 1021, page 42

2. Property record card;

3. Building floor plans

4. Egress and occupancy plans

5. Feasibility Study for the Allen Avenue School dated April 8, 2021, by

Annino Incorporated.

6. 3-year Re-inspection Report dated December 2013 by Vertex Air

Quality Services, LLC.

The property to be sold is located at 290 Allen Avenue, at the location commonly known as the former Allen Avenue Elementary School. The building was constructed in 1950. It is one (1) story in height. The building has a gross area of 14,813 +/-square feet, and unfinished basement and attic areas. There are front and rear parking areas.

The property consists of the building, its parking lot, an access driveway, and grass and landscaped buffer. It is located within the Residential-20 zoning district. The building was used until 2015 as an elementary school. The property includes the former Allen Avenue Elementary School, a 14,813 sq. ft. building, as well as a 1,968

sq. ft. portable classroom attached to the rear of the building and an 80 sq. ft.

storage shed. The site also contains approximately 6,600 sq. ft. of asphalt pavement.

The building is not compliant with the Americans with Disabilities Act (“ADA”) and needs interior and exterior upgrades and improvements. The successful Respondent will be responsible for filing and obtaining the appropriate approvals and permits.

Building Type:

The building is a one-story masonry structure. The overall building structure is in sound structural condition. The foundation consists of reinforced concrete perimeter strip footings and interior concrete piers supporting 2 ft. deep reinforced concrete beams. In the accessible areas for utilities and boiler room, there is a concrete slab on grade. There is a dirt crawlspace under the building.

Exterior:

Precast concrete plank form the 1st floor level and span between the deep beams and set on the perimeter concrete walls. The walls are constructed of an insider layer of 8’’ concrete masonry (CMU) with a solid 4’’ layer of brick on the exterior.

Interior:

The interior first floor walls appear to be 8” CMU bearing walls for the roof. In the areas of the cafeteria, gym, and kitchen, there are 4’’ solid CMU block partition walls that are 18 ft. tall. The building is served by a Dunham-Bush gas boiler in the mechanical room. The building contains asbestos and lead, and additional information is available in the reports upon request.

5. ZONING

The property is in the Residential-20 zoning district and the new MXO Route 1 South subdistrict. R-20 is eligible for § 290-33. Adult retirement community development in the zoning bylaws. § 290-10 MXO (Multi-Use Overlay Districts) allows great flexibility in permitting a great variety of single uses as well as allowing but not requiring mixed-use by special permit from the Planning Board. Chapter 40B developments will also be considered.

Prospective bidders are strongly encouraged to review the North Attleborough Zoning

Ordinances prior to submitting their proposals. Bidders must note the variances needed if any for their proposal. Also, bidders can propose a project that would require relief from the Zoning Board of Appeals.

6. UTILITIES

The building is serviced by sewer, water, and electric.

7. PRE-BID CONFERENCE AND WALKTHROUGH

An optional pre-bid walkthrough of the interior of the building and property will be held at 10:00 a.m. on Thursday, October 8, 2026. Attendees must register at least 72 hours in advance. To register, email Gil Hilario, Town Planner, at ghilario@nattleboro.com.

8. QUESTIONS AND ANSWERS

Questions regarding the RFP can be submitted through the OpenGov Procurement platform and must be submitted no later than Wednesday, October 14, 2026.

mailto:ghilario@nattleboro.com

9. VISION AND DEVELOPMENT OBJECTIVES

The purpose of this Request for Proposals (RFP) is to select a qualified development team with the demonstrated experience and capacity to successfully redevelop the property in a manner that achieves the Town's goals and objectives as outlined below.

Upon selection of the successful proposal, the Town, acting through the Town Manager and professional staff, will enter into negotiations with the selected developer regarding the sale of the property and to facilitate a successful redevelopment project.

Either a complete redevelopment involving demolition of the existing building or the adaptive reuse of the existing building will be considered. The Town of North Attleborough is seeking proposals for an Adult Retirement Community at this site to help address the community’s need for additional senior housing and expand its housing types. An Adult Retirement Community (55+) is permitted under the new § 290-9.2 MXO (Multi-Use Overlay Districts) or § 290-33 (Adult Retirement Community zoning ordinance).

A Chapter 40B permit for the development of senior housing will also be considered, particularly for proposals seeking greater density and a more modern development than allowed under the Adult Retirement Community special permit.

Further, commercial or other residential uses are permitted under § 290-9.2, MXO (Multi-Use Overlay District), and will also be considered. Proposals will be evaluated based on the proposed concept plan, among other criteria; however, preference will be given to proposals for senior housing. All affordable housing units must qualify for inclusion on the subsidized housing inventory as maintained by the Executive Office of Housing and Livable Communities.

§ 290-9.2, MXO (Multi-Use Overlay District) is an innovative zoning bylaw. Its purpose is to allow a great variety of single uses—whether commercial, industrial, medical, or residential—that are generally separated under traditional zoning. Mixed-use is not required but allowed. Creative proposals of all kinds are encouraged to be submitted.

10. PROPOSAL EVALUATION AND REVIEW CRITERIA

Criteria Not

Advantageous Score

Advantageous Score

Most Advantageous Score

Vision and Development

Objectives

The proposal does not meet the vision and development objectives.

The proposal meets the vision and development objectives.

The proposal meets the Town's vision and development objectives while adding Adult

Retirement Community housing.

Public Benefit No public benefit or unrelated to Town priorities.

Some public benefits identified.

Clear and defined public benefits or services.

Concept Plan Conflicts with Town vision or zoning.

Proposed design is functional and attractive.

Proposed design is functional, attractive, and creative.

Development Team Qualifications

Team lacks relevant experience or references are weak.

Team has some experience and references.

Team has extensive experience and references.

Readiness and Feasibility

Vague or unrealistic development timeline

General timeline with some uncertainty or contingencies.

Clear, achievable timeline, and high readiness to proceed after award.

The Town will choose the proposal that is most advantageous to the Town. The Town reserves the right to reject any and/or all proposals if it deems it in its best interest to do so.

11. PROPOSAL SUBMITTAL PLATFORM

The Town uses an eProcurement system called OpenGov. Visit the Sign-up page to register as a vendor with OpenGov. Proposals are required to be submitted on OpenGov Procurement: https://procurement.opengov.com/portal/nattleboro. A question-and-answer period will be available for prospective bidders.

12. PROPOSAL SUBMITTAL AND AGREEMENT REQUIREMENTS

Proposals must be complete. Failure to provide any of the required documentation will be deemed incomplete and will result in the rejection of the proposal unless the Town determines that such failure constitutes a minor informality as defined in M.G.L c. 30B.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/nattleboro

A complete proposal shall include all of the following documents submitted on OpenGov Procurement:

1. Cover Letter: A written narrative of the project that includes a summary of the proposer’s ability to perform the project as they propose, and summary of their prior experience relevant to the Proposal.

2. Proposer’s Qualifications Statement: A summary of the Proposer’s organization and experience, resumes of principal owner(s), a list of references for at least three recently completed similar projects in Massachusetts, a financial statement, and a disclosure of any liens, foreclosures, bankruptcies, or other actions that would interfere with construction financing or delay the timely progress of the project.

Developers with prior experience acquiring and redeveloping municipally owned property must identify the project(s) and provide one or more references from the municipality from which the property was purchased. The resumes and relevant experience of all development team members for similar projects should also be included.

3. Technical Proposal: Includes documents that are sufficient and clearly communicate the Proposer’s redevelopment project. This section of the Proposal should be sufficiently detailed to enable the Town to understand the Proposer’s plans, including, but not limited to, proposed uses and programming, number of residential units, architectural renderings, anticipated sale prices or rents, and supporting rationale, narrative and market data that demonstrate the Proposer’s understanding of North Attleborough’s real estate market.

The written narrative is to include description of any proposed improvements that are not easily depicted on drawings. This narrative should also provide sufficient information on any assumptions made regarding existing environmental conditions, assessment and potential remediation that may impact the proposed project. This section of the Proposal shall account for the measures outlined in the Proposal’s Evaluation Criteria and other provisions outlined in this RFP that apply to the potential Development Team and the responsibilities of the Developer of Record.

4. Concept Plan: Concept plan by a professional architect or engineer with the site layout, parking, traffic and circulation, and the programming of uses and general sq. ft. Multiple concept plans can be submitted.

5. Zoning Analysis: A written narrative that describes the permitting path for the project and notes any variances that would be required for the proposal.

6. Proposed Project Schedule: The Proposer shall submit a Project Schedule that accounts for all anticipated major milestones for the Project such as execution of a Purchase and Sale Agreement, financing, permitting, design, closing, construction, marketing and sales, and similar project deadlines normal to a redevelopment effort of the scale and complexity proposed in this RFP.

7. Proposal Submission Form (Form 7).

8. Comparable Experience Form (Form 8).

9. Financial Qualifications Form (Form 9).

10. Certificate of Non-Collusion (Form 10).

11. Disclosure Statement for Transaction with a Public Agency Concerning Real Property, as required by M.G.L. c. 7C, Section 38 (Form 11).

12. Certificate of Tax Compliance (Form 12).

13. Certificate of Corporate Authority (if a Corporation) (Form 13).

14. LLC Certificate of Incumbency and Authority (Form 14).

15. Purchase and Sales Agreement (AA): A draft Purchase and Sale Agreement is meant to give respondents a general sense of what the Town will require to be signed by both parties before the property can be sold.

16. Land Development Agreement (BB): The Land Development Agreement establishes the terms between the Town of North Attleborough and a developer for the development of the property, whether for senior housing or a project permitted through the Town’s Multi-Use Overlay Districts (MXO) Bylaw. The developer is responsible for financing, permitting, construction, operation, environmental cleanup, and all project costs, while the Town provides reasonable assistance and timely review of submissions. The agreement addresses project responsibilities, permitting and approvals, affordable housing requirements where applicable, default and termination procedures, assignment restrictions, and other standard contractual provisions.

13. PROPOSAL DUE DATE

Respondents shall submit proposals on OpenGov Procurement no later than Tuesday, November 3, 2026, at 11:00 a.m.

14. TIME OF AWARD

The Town of North Attleborough shall award this contract within sixty (60) days after proposal opening. The time for award may be extended for up to an additional thirty

(30) days after the date of the opening of the proposals by mutual agreement between the Town and the highest responsive and responsible Respondent, offering the most advantageous proposal as determined by the Town Manager.

15. POST-SELECTION: PURCHASE AND SALE AGREEMENT AND LAND

DEVELOPMENT AGREEMENT

All prices submitted in response to the RFP shall be firm. Each proposal must state in the Proposal that the Proposal shall remain in effect for one hundred twenty

(120) days from the deadline for submission.

Not later than one hundred twenty (120) days from the date that the selected Proposer receives notice from the Town that their Proposal has been accepted, the Proposer must execute a Purchase and Sale Agreement and Land Development Agreement negotiated with the Town. At the time the Purchase and Sale Agreement is executed, an additional deposit of ten percent (10%) of the purchase price, in the form of a certified check or money order made payable to the Town, shall be provided. The Purchase and Sale Agreement shall incorporate, at minimum, the terms and conditions cited in the template provided in this RFP and any items negotiated by the successful Proposer and the Town’s designated representative, provided such negotiated items are not inconsistent with this RFP.

The Purchase and Sale Agreement and Land Development Agreement attached to this RFP are in near-final form but remain subject to negotiation based on the selected proposal and agreement between the parties.

If the parties fail to execute, or extend the date to execute, a Purchase and Sale Agreement and Land Development Agreement within ninety (90) days of notice of award, the Town may select the next most beneficial Proposal. However, for good cause and when it is in the Town’s best interests to do so, the 90-day period for executing the Purchase and Sale Agreement and Land Development Agreement may be extended up to an additional thirty days (30) subject to written approval by the Town.

If at any time, such negotiations are not proceeding to the satisfaction of the Town, in its sole discretion, then the Town may choose to terminate said negotiations. The Town may select another proposer with whom to initiate negotiations.

16. RESERVATION OF RIGHTS

The Town reserves the right to cancel or reject in whole or in part any or all proposals; to waive any defects, informalities, and minor irregularities in any proposals or offers received; to accept exceptions and to act otherwise if such action as is determined to be in the best interest of the Town.

17. CERTIFICATE OF VOTE OF AUTHORIZATION

Respondent shall certify that the proposal made to the Town of North Attleborough is under the pains and penalties of perjury, without collusion, and that the proposal has been made and submitted with the proper authorization by the person offering the bid, (see form attached as Exhibit I). The word “person” shall mean any natural person, business, partnership, corporation, committee, club or other organization, entity, or group of individuals involved as part of the offer.

Any corporation making an offer shall also provide a certification stating that the person signing the offer is an authorized corporate officer with the authority to bind the corporation. A certificate of corporate authority shall be provided.

18. AS-IS

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 conducted 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, 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.

APPENDIX A: SUBMITTAL REQUIREMENTS CHECKLIST

SUBMITTED ON OPENGOV PROCUREMENT

Form Description

1. Cover Letter

2. Proposer’s Qualification Statement

3. Technical Proposal

4. Concept Plan(s)

5. Zoning Analysis

6. Proposed Project Schedule

7. Proposal Submission Form

8. Comparable Experience Form

9. Financial Qualifications Form

10. Certificate of Non-Collusion

11. Disclosure Statement for Transaction with a Public Agency Concerning Real Property Form

12. Certificate of Tax Compliance

13. Certificate of Corporate Authority

14. LLC Certificate of Incumbency and Authority

Sample Agreements

AA Purchase and Sales Agreement

BB Land Development Agreement

TIMELINE

RFP Released September 9, 2026

Deadline for RFP Questions October 6, 2026

Optional Pre-Bid Walkthrough October 8, 2026

Proposals Due November 3, 2026

Form 7: Proposal Submission Form

RFP 26-05 DISPOSITION OF FORMER ALLEN

AVENUE SCHOOL PROPERTY FOR

REDEVELOPMENT

Proposer:

Development Team: Proposer must list and provide complete information about all members of the development team.

Proposer/Developer/Sponsor Developer/Sponsor (Legal Name):

Form of Legal Entity:

Address:

Contact Person (Name):

Telephone:

Email:

Proposer, if a corporation or limited liability company, was organized on _ (date) under the laws of the Commonwealth of Massachusetts. (Attach as Proposal Exhibit 1: Articles of Incorporation, Bylaws, Limited Liability Company Agreement, and all other organization documents. If Partnership, attach copy of Partnership Agreement.)

Corporation/Limited Liability Company Legal Name:

Address:

Principals:

Contact Person (Name):

Telephone Number:

Has this entity been formed? ( ) Yes ( ) No

General Partnership

Address:

Partners:

Limited Partnership

General Partner:

Development Consultant

Attorney

Architect

MA Registration:

Telephone Number:

Email:

Legal Name:

Address:

Contact Person (Name):

Landscape Architect

Engineer

Other Role (Identify):

Does any member of the development team have more than one role or function in the project? If yes, please explain.

( ) Yes ( ) No

Form 8: Comparable Experience

AVENUE ELEMENTARY SCHOOL PROPERTY FOR

Experience & References. Proposer must list and provide complete information about projects of comparable type and scale, developed by the Proposer in the Commonwealth of Massachusetts from 2015-present. Attach additional sheets if necessary.

Project Name:

Start/Completion Dates: / / - / / Type : □ Single-Family

□ Two-Family/Multi-family

□ Commercial or Mixed-Use

Total Development Costs: ($) City/Town:

Was this project carried out on property owned or controlled by the municipality? ( ) Yes ( ) No

Identify members of the Proposer’s development team who participated in the project, by name and role/responsibility.

Development Team Member Role/Responsibility

Type : □ Single-Family

□ Two-Family/Multi-family

□ Commercial or Mixed-Use

Total Development Costs: ($) City/Town:

Type : □ Single-Family

□ Two-Family/Multi-family

□ Commercial or Mixed-Use

Total Development Costs: ($) City/Town:

Form 9: Financial Qualifications

AVENUE ELEMENTARY SCHOOL PROPERTY FOR

Financial Information & Qualifications. Proposer must respond to all questions in this form.

A. Legal Status of Proposer (check one):

□ Corporation □ Nonprofit □ Individual

□ Limited Liability Company

□ General Partnership

□ Limited Partnership

□ Joint Venture (explain):

B. Has the Proposer, or any director, general partner, voting member, joint venturer or 10% or greater stockholder of the Proposer, ever been declared ineligible to participate in any governmentally sponsored development or construction program?

If "Yes", please explain in depth.

C. Has the Proposer, or any director, officer, general partner, voting member, developer or affiliated entity, joint venturer, or 10% or greater stockholder of the Proposer, ever filed a petition of voluntary bankruptcy?

( ) Yes ( No

If "Yes", please explain in depth.

D. Has there ever been filed a petition or involuntary bankruptcy against the Proposer, or any director, officer, general partner, voting member, developer or affiliated entity, joint venturer, or 10% or greater stockholder of the Proposer?

E. Has the Proposer, or any director, officer, general partner, voting member, developer or affiliated entity, joint venturer, or 10% or greater stockholder of the Proposer, ever made an assignment of assets for the benefit of creditors?

F. Are there any unsatisfied judgments outstanding against the Proposer, or any director, officer, general partner, voting member, developer or affiliated entity, joint venturer, or 10% or greater stockholder of the Proposer?

G. Has the Proposer been a party to any litigation within the last 5 years? ( ) Yes ( ) No

If "Yes" was answered to any of questions 3 through 7, please explain in depth.

Form 10: Certificate of Non-Collusion

AVENUE ELEMENTARY SCHOOL PROPERTY FOR

REDEVELOPMENT

The undersigned certifies under penalties of perjury that the bid or Proposal submitted relative to this project is in all respects bona fide, fair and made without collusion or fraud with any other person, joint venture, partnership, corporation or other business or legal entity.

(Written Name of person signing bid) (Signature of person signing bid)

(Company Name)

(Date) (mm / dd / yyyy)

Form 11: Disclosure Statement for Transaction with a Public Agency Concerning Real Property

RFP 26-05 DISPOSITION OF FORMER ALLEN

AVENUE ELEMENTARY SCHOOL PROPERTY FOR

DISCLOSURE STATEMENT FOR

TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL

PROPERTY

M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)

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:

Sale by Town of North Attleborough

(3) Public Agency Participating in Transaction:

Town of North Attleborough

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

(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):

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 (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 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 Signer

Form 12: Certificate of Tax Compliance

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, , authorized signatory for

, do hereby certify under the pains and penalties (Name of Contractor) of perjury that said contractor has complied with all laws of the Commonwealth of

Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

CONTRACTOR

By:

(Signature of Authorized

Representative) Title:

Date: , 20

Form 13: Certificate of Corporate Authority

AVENUE ELEMENTARY SCHOOL PROPERTY FOR

(to be filed if Proposer is a Corporation)

I, , hereby certify that I am the duly qualified and (Secretary of the Corporation) acting Secretary of and I further

(Name of Corporation) certify that a meeting of the Directors of said Company, duly called and held on

, (Date of Meeting) at which all Directors were present and voting at which all Directors were present and voting, the following individuals:

(Print Name of Individual)

(Print Name of Individual) were duly authorized and empowered to execute and submit Proposals in response to a

Request for Proposals from the City of Town of North Attleborough on behalf of the

Corporation.

I further certify that the above authority is still in effect and has not changed or modified in any respect.

By:

(Secretary of Corporation)

A True Copy:

Attest:

(Notary Public)

My Commission Expires:

(Date)

Form 14:

LLC Certificate of Incumbency and Authority

, LLC

I, , do hereby certify that:

1. I am the duly elected and acting of LLC, a limited liability company organized and existing in good standing under the laws of the State of (the “Company”).

2. Attached hereto as Exhibit A is a true and correct copy of resolutions which were duly adopted by the members of the Company on , 20 .

3. The attached resolutions have not been amended, rescinded or modified and are in full forces and effect on the date hereof in the form originally adopted, and are in conformity with the Articles of Organization and Operating Agreement of the Company.

4. Attached hereto as Exhibit B is a true and correct copy of the Articles of Organization dated , 20 and the Operating Agreement dated , 20 .

5. The attached Articles of Organization and Operating Agreement have not been amended, rescinded, or modified and are in full forces and effect on the date hereof.

6. The following person are the Authorized Officers of the Company in the capacities indicated, and the signatures set forth after their names and titles are their true and genuine signatures.

Name Office Signature

Witness, my signature and the seal of the Company this day of , 20 .

Name: Title:

Form AA: Purchase and Sale Agreement

1. SELLER: Town of North Attleborough, Massachusetts, a municipal corporation c/o Office of the Town Manager

SELLER ADDRESS: 43 South Washington Street, North Attleborough, Massachusetts, 02760

2. BUYER:

BUYER ADDRESS:

SELLER hereby agrees to sell and the BUYER agrees to buy, upon the terms hereinafter set forth in this Purchase and Sale Agreement (“Agreement”), the premises described in Paragraph 3 below (the “Premises”).

3. PREMISES DESCRIPTION:

A certain parcel of land, with buildings thereon, located at 290 Allen Avenue, North Attleborough, MA 02760. Meaning and intending to convey all land now owned by the Grantor, as shown on the City Assessor’s Maps as Assessor’s Map 26, Lot 33, and conveyed to the Town of North Attleborough by deed dated December 5, 1950, recorded in Book 42, Page 1021.

4. TITLE DEED:

(1) The Premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, which deed shall convey a good and clear record and marketable and insurable title thereto, free from encumbrances and claimed rights of third parties, except:

(a) Provisions of existing building and zoning laws;

(b) Real estate taxes for the then current year which are not yet due and payable on the date of the delivery of the deed;

(c) Any liens for municipal betterments assessed after the date of this

Agreement; and

(d) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of said premises.

(2) Any matter or practice arising under or relating to this Agreement which is the subject of a practice standard of the Real Estate Bar Association of Massachusetts shall be governed by such standard to the extent applicable.

(3) It is understood and agreed by the parties that the Premises shall not be in conformity with the title provision of this Agreement unless:

(a) no building, structure or improvement of any kind encroaches upon or under the Premises; and

5. PURCHASE PRICE:

The agreed purchase price for the Premises is $ (“the Purchase Price”), which, except for the Deposit made pursuant to paragraph 6(1), shall be paid at the time of delivery of the deed by a certified check, treasurer's check, cashier's check, attorney's conveyancing account check (in each case drawn on a Massachusetts bank or credit union) or by federal funds wire transfer.

6. DEPOSITS AND PAYMENTS:

(1) BUYER shall make a deposit herewith in the sum of $ ________ ("the Deposit") payable to the Town of North Attleborough upon the signing of this Agreement.

(2) The Deposit shall be credited to the BUYER towards the Purchase Price at the time of the delivery of the deed.

7. THE CLOSING:

(1) The deed is to be delivered and the balance of the Purchase Price paid at the Date of Closing and at the following Place of Closing:

Date of Closing: at , unless the parties agree in writing to a different date and time.

Place of Closing: Bristol County Northern District Registry of Deeds, unless the parties in writing agree to a different location.

(2) Whenever in this Agreement reference is made to the Closing, or the Date of

Closing, such reference shall be to the date and time set forth hereinabove, as the same may be extended pursuant to the provisions of this Agreement.

8. POSSESSION AND CONDITION OF PREMISES:

Full possession of the Premises free of all tenants and occupants is to be delivered at the Date of Closing. The Premises shall be in an “as is” condition.

9. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM:

If the SELLER shall be unable to convey title or to deliver possession of the Premises, as required hereunder, or if at the Date of Closing the Premises do not conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the Premises conform to the provisions hereof, as the case may be, and the time for performance hereof shall be extended for a period of thirty (30) days.

10. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM:

If at the expiration of any such 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, at the BUYER's option all obligations of all parties hereto shall cease and this Agreement shall be void and 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 Premises in their then condition and to pay therefore the purchase price without deduction (except for such amount as shall be required to remove all mortgages, attachments and other encumbrances which secure the payment of money which have not been removed by SELLER), in which case the SELLER shall convey such title.

12. ACCEPTANCE OF DEED:

The acceptance of a deed by the BUYER, or its nominee, as the case may be, 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 express terms hereof, to be performed or reserved to a time after the Closing. Such acceptance of a deed shall also constitute a complete release of SELLER, its officers, agents, servants, and employees by BUYER and any of its nominees in any matters whatsoever concerning the Premises.

13. INSURANCE

Until the delivery of the deed, the Seller shall maintain insurance on said premises as is currently insured.

14. ADJUSTMENTS

Real Estate taxes for the then current year, shall be apportioned as of the Date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the Purchase Price payable by the BUYER at the Closing. All references to the “then current year” and like references with respect to real estate taxes payable in respect of the Premises shall be construed to mean the then current fiscal tax period within which such taxes are payable. SELLER acknowledges that BUYER is not responsible for any tax assessment prior to the Date of Closing.

15. BUYER’S DEFAULT - DAMAGES

If the Buyer or Buyer's Nominee shall fail to fulfill the Buyer’s obligations herein, the parties agree that all deposits made hereunder by the Buyer shall be retained by the Seller as liquidated damages. Receipt of such payment shall constitute the Seller's sole remedy at law, in equity, or otherwise, and that no other recourse shall be available to the Seller. for Buyer's default. The Buyer and Seller agree that in the event of default by the Buyer, the amount of damages suffered by the Seller will not be easy to ascertain with certainty and therefore, Buyer and Seller agree that the amount of the Buyer's deposit represents a reasonable estimate of the damages likely to be suffered.

16. ADJUSTMENT OF UNASSESSED AND ABATED TAXES:

If the amount of real estate taxes is not known at the Date of Closing, they shall be apportioned on the basis of the taxes assessed for the preceding year, with a reapportionment, at the request of either party, as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed.

17. NO BROKERAGE:

Each party represents and warrants to the other that no person is entitled to any brokerage fee or commission with respect to the transactions contemplated by this Agreement, and each party agrees to indemnify and hold the other party harmless with respect to any claims for brokerage fees or commissions based upon the conduct of the indemnifying party.

18. AS-IS

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 conducted 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 such as asbestos, as those terms are defined by any applicable law, rule or regulation, including, without imitation, 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.

19. NOTICES:

Whenever, by the terms of this Agreement, notice shall or may be given to the SELLER or to the BUYER, such notice shall be in writing and shall be delivered in hand or sent by Federal Express or other recognized overnight delivery service or by registered or certified mail, postage prepaid, to the respective addresses set forth in Paragraphs 1 and 2, above, or to such other address or addresses as may from time to time hereafter be designated by like notice. Any such notice shall be deemed given when so delivered in hand or, if sent by Federal Express or other recognized overnight delivery service, on the next business day after deposit with said delivery service, or, if so mailed, five (5) business days after deposit with the U.S. Postal Service.

20. POST CLOSING ADJUSTMENTS:

If any obvious 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 thereof is given within sixty days of the Date of Closing to the party to be charged, then such party agrees to make a payment to correct the error or omission. The provisions of this paragraph shall survive delivery of the deed.

21. CONSTRUCTION OF AGREEMENT:

This instrument, executed in multiple counterpart copies 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 the SELLER and the BUYER. All offers and agreements made prior to this Agreement are hereby discharged and all further obligations of the parties are contained only in this Agreement. If two or more persons are named herein as either the SELLER or the BUYER their obligations hereunder shall be joint and several. The captions 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. The reference to “days” shall refer to calendar days.

22. ASSIGNMENT:

The rights and obligations of BUYER under this Agreement may NOT be assigned in whole or in part.

23. LIABILITY OF TRUSTEE, SHAREHOLDER, BENEFICIARY, ETC.:

If the SELLER or BUYER executes this Agreement in a representative, corporate, or fiduciary capacity, only the principal, the estate, or the corporation shall be bound, and neither the SELLER nor the BUYER so executing, nor any shareholder or beneficiary of any trust, nor any officer, directors, employee, servant, or agent of any corporation, shall be personally liable for any obligation, express or implied hereunder.

[Signatures on Next Page]

Witness our hands and seals this day of , 202_, SELLER: Town of North Attleborough Approved as to Form and Character:

By: Michael D. Borg, By: KP Law Town Manager Its: Town Solicitor

BUYER:

Form BB: Land Development Agreement

This Land Development Agreement (the "Agreement") is made this day of , 2024, by and between the TOWN OF NORTH ATTLEBOROUGH, a municipal corporation, with its usual offices at 43 South Washington Street, North Attleborough, Massachusetts 02760, acting by and through its Town Manager, as the owner of the Property (the "Town") and [ the “Entity” or “Developer”], a [Jurisdiction] [type of entity] with a principal office located at [address] (the "Developer "). For purposes of this Agreement, the Town and Developer may be referred to individually (the "Party" collectively, as the "Parties").

WHEREAS, the site comprises approximately +/- 16.6 acres of land with a vacant 14,813 sq. ft.

elementary school building located at 290 Allen Avenue, North Attleboro, MA 02760, and is further described in a deed recorded with the Bristol County Registry of Deeds in Book 42, Page 1021, and is listed on the Town of Attleborough Assessors Map Parcel ID (the "Site"). A deed of the land is attached as Exhibit A;

WHEREAS, the Town issued a Request for Proposals (the “RFP”), incorporated herein by reference, a copy of which is on file with the Town Clerk, for the development, construction, and operation of no more than ___ senior rental housing units on the Land (the “Property”), with _____% of the units restricted as affordable at of Area Median Income (“AMI”) for the Providence-Fall River Metropolitan Area, as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size.

WHEREAS, (the “Developer”) submitted a proposal in response to the RFP (the “Bid”), incorporated herein by reference and a copy of which is on file with the Town Clerk, proposing to develop, construct, operate, and maintain on the Property ( ) residential dwellings for ownership or rental to low-income households (the “Project”) and the Bid has been accepted by the Town;

WHEREAS, the Town makes no representations, warranties, or guarantees as to the capacity of the Site to be developed, and makes no representations or guarantees that Developer shall receive all required permits and approvals for each phase, or feature;

WHEREAS, the Town and Developer wish to enter into this Agreement and related agreements to memorialize their mutual understandings and agreements;

NOW THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the Parties hereby agree as follows:

A. General:

1.