Request for Proposals. Real Property Acquisition. Franklin, Massachusetts

Transcription

1 Benjamin Franklin Classical Charter Public School Request for Proposals Real Property Acquisition Franklin, Massachusetts Submission Deadline December 1, 2014 Please submit your proposal to: Donald Tappin Chairman Board of Trustees Benjamin Franklin Classical Charter Public School 201 Main St, Franklin, MA 02038

2 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS REAL PROPERTY ACQUISITION I. INTRODUCTION The Benjamin Franklin Classical Charter Public School is a regional public charter school in Franklin, Massachusetts (hereinafter referred to as the School ) that seeks to purchase a parcel of land, with a building thereon, within Bellingham, Blackstone, Franklin, Holliston, Hopedale, Medway, Mendon, Milford, Millis, Millville, Norfolk, Plainville, Upton, Walpole or Wrentham, Massachusetts, for use as a School and Administrative Offices. The School has issued this RFP for the purpose of soliciting proposals from property owners with an expected occupancy date of August, The School will consider all properties presented, regardless of the extent of renovation necessary. Please note that all construction whether for new building or renovations must be completed by the School to ensure compliance with Massachusetts procurement laws therefore, offers containing development contingencies will not be considered. Notice of this RFP has been published in the Massachusetts Central Register and in the Worcester Telegram, Milford Daily News, Walpole Times and MetroWest Daily News. Any purchase and sales agreement entered into pursuant to this RFP will be subject to the terms in the Purchase and Sale Agreement and Buyer s Rider attached hereto, which terms include but are not limited to Board of Trustee authorization and appropriation, buyer due diligence, designer selection, preparation of architectural plans, Massachusetts Environmental Protection Agency review, Massachusetts Historical Commission approval, permitting, financing and approval of the Massachusetts Department of Secondary and Elementary Education to enter into the financing arrangement. The successful property owner should be prepared to enter into a purchase and sale agreement within sixty (60) days from the Notice of Award substantially in the form of the Purchase and Sale Agreement attached hereto as Attachment H and incorporated herein (note that dates will be added to the Purchase and Sale Agreement once the award is complete). The closing must occur within forty five (45) days from the financing approval date. II. INSTRUCTIONS TO PROPOSERS 1. All proposals shall be signed by the owner of the property, enclosed in an envelope that is sealed and plainly marked on the outside with the name of the proposal Acquisition of Real Property. 2. A proposal shall be signed by the Property Owner. If the property is owned by an entity, then it must be signed by the authorized party. If the proposer is a corporation, by the president/vice-president and the treasurer/assistant treasurer or any other authorized officer, whose signature must be attested to by the clerk/secretary of the corporation and the corporate seal affixed (Attachment E). 3. Each proposal shall include the attached Information Form (Attachment A), properly filled out and executed along with all attachments for explanations where required.

3 4. Each proposal shall include the attached Price Proposal Form (Attachment B), properly filled out and executed. 5. Each proposal shall include attached Non-Collusion, Tax Compliance Form (Attachment C), and the Disclosure of Beneficial Interest form (Attachment D), properly filled out and executed. Failure to submit these required forms will result in the rejection of the proposal. 6. All proposals shall satisfy the Submission Requirements identified below. Questions concerning this RFP shall be submitted in writing to: Mail: Michael Ronan Charter School Support Services 1661 Worcester Road Suite 203 Framingham, MA All questions must be received by 5:00 P.M. local time on November 21, III. The Board of Trustees, (hereinafter BOT ) for Benjamin Franklin Classical Charter Public School may cancel this RFP, or reject in whole or in part any and all proposals, if the Board of Trustees determines that cancellation or rejection serves the best interest of the School, and may select the proposal that it deems to be in the best interest of the School. All the terms of the submitted proposal submitted in response to this RFP, including the price stated therein, must remain firm for sixty (60) days following the proposal opening, unless the property becomes otherwise unavailable. If on the date and time of the submittal deadline the submittal location is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 5:00 p.m. local time on the next business day. SPECIFICATIONS The Board of Trustees (hereinafter referred to as the BOT ) will consider the suitability of the proposed property, including but not limited to, factors relating to size of the property and the building; site access for vehicles, availability of parking; environmental conditions, wetlands, grading, drainage, soil conditions, and other conditions of the property; security of the surrounding area; availability and proximity to, and adequacy of, public utilities; compatibility with existing land uses on surrounding parcels; characteristics of the building and other improvements on the property, and whether it/they would have to be demolished or would be used; cost of development for the intended use; the need for revitalization and renewal of the area and where such revitalization and renewal is deemed important by the School; the existence of tenants or occupants of the property;

4 and the relative ease or difficulty of permitting the project at the proposed site and the cost to achieve the desired end result. At a minimum, the property, and the building thereon, must satisfy the following specifications: 1. The Property The property must be located within Town/City limits of Bellingham, Blackstone, Franklin, Holliston, Hopedale, Medway, Mendon, Milford, Millis, Millville, Norfolk, Plainville, Upton, Walpole and Wrentham; The property must contain a minimum of 5 acres of land; The property must have adequate access from frontage abutting a public way, duly laid out or accepted as such by the School or other government entity, or include valid easement rights over private ways, no less than 50 feet wide, leading to a public way; The proposal must include a copy of the latest deed for the property and a site plan or survey of the property, if available; The property must have existing parking for a minimum of 150 vehicles. It is preferred that parking be well lit; The property must have access to city water at the property s boundary, or demonstrate how hookup to city water will be accomplished; The property must have access to city sewer at the property s boundary, or be served by a septic system that is in compliance with Title 5 of the State Environmental Code, 310 CMR et. seq. and adequate to met the school s needs, as of the closing date; The property must have sufficient, Three Phase Electrical Power, at the site, or demonstrate how hookup to Three Phase Electrical Power will be accomplished; The property must have telephone and cable utilities of commercial grade, or demonstrate how hookup to telephone and cable utilities of commercial grade will be accomplished; The property must not be within a 100 year Flood Boundary as shown on the National Flood Insurance Program FIRM Flood Insurance Rate Map for Franklin and any other sites where this provision may apply. If the property or any portion thereof is within such flood boundary, more information may be required and the School must be satisfied as to any conditions or burdens arising therefrom prior to the purchase; There are to be no restrictions in the deed or already encumbering the property that will interfere with the School s intended use of the property; and If there are any easements, right-of-way privileges, restrictions or liens encumbering the property, they must be clearly stated on the Information Form or an attachment thereto.

5 2. The Building Preferred building characteristics: Size a minimum of 90,000 sf with space suitable for outdoor recreation and parking; Within the above square footage, the building should contain or have capacity for the following; o Gymnasium of at least 7,000 sf, with ceilings at least 16 high o Media Center of at least 3,500 sf o Family Resource Center of at least 2,500 sf o Cafeteria of at least 4,000 sf o Administrative Office Space 4,500 sf o Average classroom size sf o 3 Science labs of 900 square feet o Specialty rooms for art and music Be a stand-alone building, with no other buildings located on the parcel; Be handicap accessible, with accessible front lobby and working elevator (if applicable); Have working HVAC system, sprinkler, generator and elevator and proposer must be able to provide proof of recent services conducted on all systems; Be in good order and condition and comply with the City s Zoning Bylaws and regulations; Be of post-1980 construction; and The building must meet all building codes. No prohibitive amounts of hazardous wastes. IV. SUBMISSION REQUIREMENTS 1. Submission Deadline: Please submit ten (10) complete copies of each proposal, with all attachments, on or before the submission deadline of 5:00 p.m. local time on December 1, 2014 at which time and place the proposals will be opened. All proposals must be labeled Real Property Acquisition and mailed or hand delivered to the following address: Donald Tappin Chairman Board of Trustees Benjamin Franklin Classical Charter Public School 201 Main St, Franklin, MA Proposals received later than the Submission Deadline will be deemed nonresponsive and will be rejected.

6 All proposals will be date/time stamped as they are received. No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. Telecopied, ed, or faxed proposals will be deemed non-responsive and will be rejected, regardless of the date/time received. No information or materials submitted after the Submission Deadline unless said information or materials are provided in response to the School s written request for such information or materials. These requirements will be strictly enforced. Proposers are cautioned to hand deliver their proposals or to allow sufficient time for their proposals to be received by mail or other delivery service. Prior to the submission deadline, proposers may correct, modify or withdraw a proposal by written notice to the address specified above. After the opening of proposals, a proposer may not correct or modify the price or any other provisions of its proposal in a manner prejudicial to the interests of the School or fair competition as determined by the Inspector General of the Commonwealth of Massachusetts. No proposer may withdraw his proposal for a period of sixty (60) days after the date and time set for the opening of the proposals. All proposals shall be unconditional. The School reserves the right to request additional information from any and all proposers if it is deemed necessary in order to identify the most advantageous proposal. The School reserves the right to conduct site visits to verify the information provided in the proposals and to perform detailed evaluations of the property proposed prior to award. The proposer s failure to cooperate with the School in this regard may result in rejection of the proposal. 2. RFP Requirements/Communications: It is the sole responsibility of the proposer to ascertain the existence of any addenda and/or modifications disseminated by the School, whether or not the same are mailed to, or received by, proposer. Proposers will be required to acknowledge in writing their receipt of any addenda and submit a written acknowledgement of same with their sealed proposal. The School accepts no liability for and will provide no accommodations to proposers who fail to check for amendments and/or modifications to this RFP and subsequently submit inadequate or incorrect responses. Proposers with disabilities or hardships that seek reasonable accommodations, which may include the receipt of RFP information and/or addenda and/or modifications in an

7 alternative format, must communicate such requests in writing and reasonable accommodation will be made by agreement. All questions or inquiries concerning this RFP shall be made in writing to: Michael Ronan Charter School Support Services 1661 Worcester Road Suite 203 Framingham, MA All inquiries received by 5:00 p.m. local time on November 21, 2014 will be considered. Questions may be hand delivered, mailed, faxed or ed. Written responses will be sent to all applicants on record as having received this RFP, via fax or , unless otherwise specified by the inquirer. 3. Submission Requirements: To be eligible for consideration, proposers shall submit all of the following documentation, except as otherwise specifically noted. Authorization to Submit Proposal: Proposals will only be considered if they are signed and submitted by: (a) the owner of the property or (b) the owner s legally authorized agent or representative. If the proposer is not the owner of the property, the proposal must include written evidence of the proposer s authority to submit the proposal, such as a copy of a letter or other writing from the owner of the property, authorizing the agent or representative (as the case may be) to act on the owner s behalf. Map and Parcel Number: The proposal must include a reference to the Assessor s map and parcel number of the proposed property. Deed: Proposers are required to include a copy of the deed to the current owner of the property and a Registry of Deeds recording reference for title to the property. Information Form: Proposers are required to include a properly filled out and executed Information Form, along with all attachments for explanations where required (Attachment A). Benjamin Franklin Classical Charter Public School Price Proposal Form: Proposals must include a completed Price Proposal Form for the property offered for sale to the School, in response to this RFP (Attachment B).

8 Certifications: Proposers shall execute and include in their submission the Certificate of Non-Collusion and the Certificate of Tax Compliance (Attachment C). Disclosure Statement: Proposers shall execute and include in their submission the Disclosure Statement Acquisition or Disposition of Real Property, as required by G.L. c. 7C 38 (Attachment D). Certificate of Vote: If a proposer is an entity, the proposer shall execute and include in his submission the Certificate of Authority (Attachment E). Conflict of Interest Certification: Proposers shall execute and include in their submission the Conflict of Interest Certification (Attachment F) Certificate of Non-Debarment: Proposers shall execute and include the Certificate of Non-Debarment (Attachment G) The School will not reimburse Proposers for any costs incurred in preparing Proposals in response to this RFP. Submission of a Proposal shall be conclusive evidence that the Proposer had examined the Property and this RFP and is familiar with all of the conditions on the proposed Contract. Failure of the Proposer to investigate completely the Property and/or to be thoroughly familiar with the RFP and any addenda shall in no way relieve any such Proposer from any obligation with respect to the Proposal. Nothing in this RFP will compel the School to Award a Contract. The School may cancel this RFP may waive, to the extent allowed by law, any informalities, any may reject any and all Proposals, if the School, in its sole discretion, determines said action to be in the best interest of the School. The School may reject as non-responsive any Proposal that fails to satisfy any of the Proposal Submission Requirements. V. PRICE The School is interested in securing the property at the lowest responsible price. However, the School reserves the right to award the purchase to the proposer offering the most advantageous combination of facility characteristics, purchase price, the amount of renovation necessary and other criteria included in this RFP. The School shall not be required to award the purchase to the proposer offering the lowest price. The School reserves the right to negotiate the purchase price and other terms with the selected proposer in a manner not prejudicial to fair competition. Any award is subject to obtaining the proper zoning and regulatory approvals to the extent any may be necessary to carry out the purposes of this RFP.

9 VI. EVALUATION CRITERIA Evaluation of proposals will be based upon information provided in the proposals, obtained on site visits and from other generally available and verifiable information. The School reserves the right to request clarification of proposal terms or additional information after the Submission Deadline. Proposals will be evaluated based upon Minimum and Comparative Criteria. The School will offer to purchase the property from the proposer who submits the most advantageous proposal based on consideration of specified Minimum and Comparative Criteria. 1. Minimum Criteria: Each proposal must meet all of the following criteria in order to be considered for further evaluation: Proposer shall meet all of the Specifications as outlined herein. Proposer shall have good clear record and marketable title and be able to transfer same to the School. Proposer shall submit all required forms properly filled out and executed. Proposer shall submit all required explanations and documentation. Proposer shall meet all the material and mandatory terms and conditions of the incorporated Purchase & Sale Agreement. 2. Comparative Criteria: The following Comparative Criteria will be applied to those proposals that meet the Minimum Criteria listed above. Proposals that do not meet the Minimum Criteria will be judged unacceptable and not reviewed any further. The School will consider the following Comparative Criteria and evaluate each proposal based on the preferences listed below: A. Location Highly Advantageous: The proposed Property is located within the Town of Franklin. Advantageous: The proposed is not located in Franklin, but is within 6.5 driving miles of the current location of the school. Non- Advantageous: The proposed Property is located more than 6.5 driving miles from the current location of the school. B. Frontage and Entrance on School-Accepted Roadway Highly Advantageous: Advantageous: Non- Advantageous: Minimum of 150 feet of direct frontage upon and access to a city accepted roadway. Minimum of 50 foot wide valid easement over private way(s) to a city accepted roadway. The property does not have the requisite amount of frontage on and/or access to a public way.

10 C. Parcel Size, Usefulness, and Parking Highly Advantageous: Advantageous: Non-Advantageous: Property has at least 5 acres, is completely useable/buildable for the School s intended use, and contains 150 parking spaces. Property has at least 5 acres, is mostly useable/buildable for the School s intended use, and/or has 150 parking spaces on or adjacent to the property. Property has fewer than 5 acres, is not useable/buildable for the School s intended use, and/or has fewer than 150 parking spaces on or adjacent to the property. D. Right-Of-Ways, Easements, Restrictions Highly Advantageous: Advantageous: Non-Advantageous: E. Suitability of Building Highly Advantageous: Advantageous: Non-Advantageous: There are no right-of-ways or easements either over or under the property, or restrictions affecting the use of the property for the School s intended purpose. There are right-of-ways or easements either over or under, or restrictions that affect, the property, but that do not interfere unreasonably with the School s intended use of the property. There are right-of-ways or easements either over or under, or restrictions affecting, the property that materially affect the use of the property for the School s intended use. Building on property has more than 90,000 square feet, is in good order and condition, is already designed for or can easily be adapted for school and office use as intended. Building on property has at least 90,000 square feet, is in a reasonably good order and condition, can be adapted to office use with some alterations or improvements, and is mostly useable/buildable for the School s intended use. Building on property does not contain sufficient space, is not in good order and condition, requires major repairs or improvements to adapt it to office use, and/or is not suitable for the School s intended use. F. Zoning, Wetlands and other State or Local Statute or Regulation Highly Advantageous: Advantageous: Proposer can demonstrate that the use of the property for the School s intended use is permissible under local zoning, state and local wetland laws, and any other applicable state or local law or regulation. Proposer can demonstrate that the use of the property for the School s intended use is permissible under local zoning, state and local wetland laws, and any other applicable state or local law or regulation upon the issuance of approvals and permits.

11 Non-Advantageous: The School s intended use of the proposed property is presently not permitted under local zoning, state and local wetland laws, and/or any other applicable state or local law or regulation. G. Renovations Highly Advantageous: Advantageous: Non-Advantageous: The proposed property needs minimal to moderate renovations to meet the school s needs. The proposed property needs moderate to extensive renovations to meet the school s needs. The proposed property needs to be demolished and re-built to meet the school s needs. VII. EVALUATION AND SELECTION PROCESS The School may conduct site visits of properties offered for sale pursuant to this RFP. The proposer agrees to provide access to the School and its consultants, contractors, agents and representatives to the entire property during the site visit(s) and have someone present with knowledge of the site conditions to answer questions. The School in the selection process will consider information obtained from site visits. The School, through the Head of School or his designee(s), will evaluate proposals in accordance with the evaluation criteria set forth in Section VI. The Board of Trustees of the Benjamin Franklin Classical Charter Public School is the awarding authority, and will select the most advantageous proposal, taking into consideration the evaluation criteria and the price. VIII. TERMS OF PURCHASE The Purchase and Sale Agreement to be executed between the School and the successful proposer shall be substantially in the form of the Purchase and Sale Agreement attached hereto as Attachment H.

12 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT A INFORMATION FORM Page 1 of 2 1. Property Location: 2. Total Acres: ; Buildable acres: Unbuildable acres: 3. a. Amount of Frontage on (# of feet) [name of city-accepted roadway] b. OR Describe valid easement rights over private way(s) leading to a public way duly laid out or accepted as such by the municipality or other government entity, including distance from property to public way and width of easement. Include deed references in description: 4. Tax Map, Lot, and Block Number: Map Lot Block Submit a copy of the tax map(s) showing placement of the parcel(s) and a copy of the Assessors property record card(s) for that parcel(s). 5. A copy of the current deed(s) with the Registry of Deeds Book and Page reference is to be attached. Include Registry of Deeds reference or Probate Docket of at least two prior property transfers of the parcel(s). 6. Utilities already adjacent to the parcel or explanation included on how this will be accomplished: (state if included or not) City Water/Well (Yes or No) City Sewer/ Title V Electrical Power Telephone Lines Cable Access 7. How is the property zoned? 8. Are there any structures on the property? 9. Is the property or any part thereof within the 100 year Flood Boundary? (If yes, provide map showing boundary) If property is within such flood boundary, more information may be required prior to purchase.

13 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION INFORMATION FORM Page 2 of Are there any right-of-way privileges or easements benefiting the property? If yes, please attach detailed explanation. 11. Are there any right-of-way privileges or easements, burdening the property? If yes, please attach detailed explanation. 12. Are there any deed restrictions? If yes, please attach detailed explanation. 13. Is the parcel buildable and ready for construction, if applicable? 14. Include a Site Plan or Survey Plan. 15. Attach a description of the current and past uses of the property, including any history of the release or disposal of any oil or other hazardous materials on the property. 15. Has the property been surveyed? Date of survey: 16. Is there an ALTA Survey? 17. Is a Plan(s) of the property attached? 18. Current Owner(s) name(s): Mailing address: Telephone number: Fax number: 19. List any liens or mortgages of record, including Registry Book and Page references: 20. This proposal includes addenda(s) numbered Signed: Date: Printed Name of Above: (Note: This form must be included in the proposal submission)

14 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT B To the Awarding Authority: PRICE PROPOSAL FORM A. The Undersigned proposes to sell the property listed in this Response to Benjamin Franklin Classical Charter Public School s Request for Proposal to the Benjamin Franklin Classical Charter Public School, Franklin, Massachusetts, for the price listed below in accordance with the terms and conditions of the Request for Proposals. Property Address: Assessors map and Lot Number: Registry of Deeds Book and Page: B. The proposed contract price is Dollars ($ ). This price includes the parcel(s) and all amenities required by this RFP. Date: Name of Proposer: Signature: Business Address: City, State, and Zip: Phone and Fax. Nos. (Note: This form must be included in the proposal submission)

15 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT C CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word person shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature: Print Name & Title Date Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I, authorized signatory for Name of individual Name of owner Do hereby certify under the pains and penalties of perjury that said owner has complied with all laws of the Commonwealth of Massachusetts, and Benjamin Franklin Classical Charter Public School, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date (Note: This form must be included in the proposal submission)

16 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT D 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) Page 1 of 4 INSTRUCTION SHEET NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have no responsibility for insuring that the Disclosure Statement has been properly completed as required by law. Acceptance by DCAMM of a Disclosure Statement for filing does not constitute DCAMM s approval of this Disclosure Statement or the information contained therein. Please carefully read M.G.L. c. 7C, s. 38 which is reprinted in Section 8 of this Disclosure Statement. Section (1): Identify the real property, including its street address, and city or town. If there is no street address then identify the property in some other manner such as the nearest cross street and its tax assessors parcel number. Section (2): Identify the type of transaction to which this Disclosure Statement pertains --such as a sale, purchase, lease, etc. Section (3): Insert the exact legal name of the Public Agency participating in this Transaction with the Disclosing Party. The Public Agency may be a Department of the Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate. Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation, general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the trustees of a trust then identify the trustees by name, indicate that they are trustees, and add the name of the trust. Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of the blanks. If the Disclosing Party s role in the transaction is not covered by one of the listed roles then describe the role in words. Section (6): List the names and addresses of every legal entity and every natural person that has or will have a direct or indirect beneficial interest in the real property. The only exceptions are those stated in the first paragraph of the statute that is reprinted in Section 8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city or town, insert inhabitants of the (name of public entity). If the Disclosing Party is a non-profit with no individual persons having any beneficial interest then indicate the purpose or type of the non-profit entity. If additional space is needed, please attach a separate sheet and incorporate it by reference into Section 6. Section (7): Write none in the blank if none of the persons mentioned in Section 6 is employed by DCAMM. Otherwise list any parties disclosed in Section 6 that are employees of DCAMM.

17 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) Page 2 of 4 Section (8): The individual signing this statement on behalf of the Disclosing Party acknowledges that he/she has read the included provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts. Section (9): Make sure that this Disclosure Statement is signed by the correct person. If the Disclosing Party is a corporation, please make sure that this Disclosure Statement is signed by a duly authorized officer of the corporation as required by the statute reprinted in Section 8 of this Disclosure Statement. This completed and signed Disclosure Statement should be mailed or otherwise delivered to: Deputy Commissioner for Real Estate Division of Capital Asset Management and Maintenance One Ashburton Place, 15 th Floor, Boston, MA 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, AGEEMENT, or DOCUMENT: (3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: (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)

18 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) Page 3 of 4 (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 eightythree 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.

19 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) Page 4 of 4 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

20 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT E CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said, and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of, shall be valid and binding upon. I hereby certify that I am the clerk of the above named and that is the duly elected officer as above of said, and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) (Note: This form must be included in the proposal submission)

21 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION The Proposer hereby certifies that: ATTACHMENT F CONFLICT OF INTEREST CERTIFICATION 1. The Proposer has not given, offered, or agreed to give any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of a Contract pursuant to this RFP. 2. No consultant to, or subcontractor for, the Proposer has given, offered, or agreed to give any gift, contribution, or offer of employment to the Proposer, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a Contract by the Proposer. 3. No person, corporation, or other entity, other than a bona fide full time employee of the Proposer has been retained or hired to solicit for or in any way assist the Proposer in obtaining a Contract pursuant to this RFP upon an agreement or understanding that such person, corporation or entity be paid a fee or other compensation contingent upon the award of a Contract to the Proposer. 4. The Proposer understands that the Massachusetts Conflict of Interest Law, Chapter 268A of the Massachusetts General Laws (M.G.L.), applies to the Proposer and its officers, employees, agents, subcontractors, and affiliated entities with respect to the transaction outlined in the Request for Proposals. 5. The Proposer understands that the Proposer and its officers, employees, agents, subcontractors, and affiliated entities, shall not participate in any activity which constitutes a violation of the Massachusetts Conflict of Interest Law or which creates an appearance of a violation of the Massachusetts Conflict of Interest Law. Name of Proposer Address of Proposer Telephone Number By: (Signature) Printed Name

22 BENJAMIN FRANKLIN CLASSICAL CHARTER PUBLIC SCHOOL REQUEST FOR PROPOSALS - REAL PROPERTY ACQUISITION ATTACHMENT G CERTIFICATE OF NON-DEBARMENT The Proposer hereby certifies that it is presently not debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency, and that, should any proceeding arise in which it is debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency, the Proposer shall inform the School within one (1) business day of such debarment, suspension, or prohibition from practice. Name of Proposer Address of Proposer Telephone Number By: (Signature) Printed Name Printed Title Date

23 This day of, 2014 ATTACHMENT H PURCHASE AND SALE AGREEMENT 1. PARTIES AND MAILING ADDRESSES. hereinafter called the SELLER, agrees to SELL and Benjamin Franklin Classical Charter Public School, a public charter school with a principal office located at 201 Main Street, Franklin, Massachusetts, hereinafter called the BUYER, agrees to BUY, upon the terms hereinafter set forth, the premises described in Paragraphs 2 and 3 below. 2. DESCRIPTION All that certain parcel of land and the buildings and improvements contained thereon, consisting of approximately acres of land located at, and as more particularly described and shown on Exhibit A attached hereto (the "Improvements"), together with all right, title and interest, if any, of SELLER in and to any rights of way and easements appurtenant to said Improvements, which are now used in connection therewith (all the matters hereinabove set forth in this Paragraph 2, being hereafter referred to as [the "Premises"]). Being the same Premises described in a certain deed dated, and recorded with County Registry of Deeds in Book, Page, a copy of which is attached hereto as Exhibit A. The Seller shall also sell, transfer and convey to Buyer those items of personal property referenced in Paragraph 3 below ( Personal Property ). 3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES Included in the sale as a part of said Premises are the buildings, structures, and improvements now thereon, all the machinery, equipment and fixtures belonging to the SELLER and used in connection therewith including, if any, all wall-to-wall carpeting, drapery rods, venetian blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters, heating equipment, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, fences, gates, trees, shrubs, plants, and, air conditioning equipment and ventilators, on the Premises, and the following personal property: ; but excluding.

24 4. TITLE DEED Said Premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven (7) days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except (a) (b) (c) (d) (e) Provisions of existing building and zoning laws; Existing rights and obligations in party walls which are not the subject of a written agreement; Such taxes for the then current fiscal year as are not due and payable on the date of the delivery of such deed; Any liens for municipal betterments assessed after the date of this Agreement but not due as of the Closing Date; Easements, restrictions, matters and reservations of record, if any, so long as the same do not prohibit or materially interfere with the BUYER S intended use of said Premises as a charter school (as defined in Paragraph 33 below); 5. PLANS If said deed refers to a plan necessary to be recorded therewith, the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED TITLE In addition to the foregoing, if the title to said Premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said Premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said Premises is and 00/100 ($ ) dollars of which $ have been paid as a deposit this day, and $ are to be paid at the time of delivery of the deed in cash, or certified, cashier's, treasurer's, or bank check(s), conveyancing IOLTA account check or by wire transfer. $ TOTAL

25 8. TIME FOR PERFORMANCE; DELIVERY OF DEED Such deed is to be delivered at 10:00 A.M. on the date that is forty-five (45) days after Buyer has obtained its acquisition / construction financing commitment pursuant to Paragraph 25 below, [the Closing Date ], at the law office of counsel for Buyer s mortgage lender, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this Agreement. 9. POSSESSION AND CONDITION OF PREMISES Full possession of said Premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, (b) not in violation of said building and zoning laws, (c) in compliance with the provisions of any instrument referred to in Paragraph 4 hereof, and (d) in broom clean condition with all of SELLER S excluded equipment, furniture, personal property and debris removed therefrom. The BUYER shall be entitled personally to inspect said Premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this Paragraph. 10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then, subject to Paragraph 34 below, the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereof, and thereupon the time for performance hereof shall be extended until the first to occur of the following: (a) the day before Buyer s mortgage and/or rate lock commitment expire, and (b) for a period of ( ) days. 11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM, etc. If at the expiration of the extended Closing Date, 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, or if at any time during the period of this Agreement or any extension thereof, the holder of a mortgage on said Premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, subject to Paragraph 34 below, any payments made under this Agreement plus any interest thereon shall be forthwith refunded and all other obligations of the parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto. 12. BUYER'S ELECTION TO ACCEPT TITLE The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said Premises in their then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this Paragraph, if the said Premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the Premises to their former condition, either

26 (a) (b) pay over or assign to the BUYER on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or if a holder of a mortgage on said Premises shall not permit the insurance proceeds or a part thereof to be used to restore the said Premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the Purchase Price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 12.A. CONDEMNATION If, subsequent to the date hereof and prior to the Closing Date, any proceeding, judicial, administrative or otherwise, which shall relate to the proposed taking of all or any portion of the Premises by condemnation or eminent domain or any action in the nature of eminent domain, and such portion has a material, adverse impact, in BUYER S reasonable opinion, on BUYER S development of the Premises, or the taking or closing of any right of access to the Premises, is instituted or commenced, BUYER shall have the right and option to terminate this Agreement by giving SELLER written notice to such effect within ten (10) days after actual receipt of written notification of any such occurrence or occurrences. SELLER hereby agrees to promptly furnish BUYER written notification upon learning of the institution of any such proceedings. Buyer s failure to give such notice within such time shall be conclusive evidence that BUYER has waived the option to terminate by reason of the occurrence or occurrences of which it has received notice, and BUYER shall pay the full purchase price without deduction for such taking, but shall be credited with or be assigned all of SELLER S right to any proceeds therefrom. Should BUYER elect to so terminate this Agreement, all deposits plus any interest thereon shall be returned forthwith to BUYER, and thereupon the parties hereto shall be released from any and all further obligations hereunder. 13. 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 terms hereof, to be performed after or which expressly survive the delivery of said deed. 14. USE OF MONEY TO CLEAR TITLE To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed, or procured and recorded subsequent to closing in a manner that is reasonably satisfactory to BUYER S counsel, and counsel for Buyer s mortgage lender. 15. INSURANCE

27 Until the delivery of the deed, the SELLER shall maintain insurance on said Premises as follows: Type of Insurance (a) Fire and Extended Coverage (b) General Liability Coverage Amount of Coverage $ as presently insured $ as presently insured 16. ADJUSTMENTS The following shall be apportioned, adjusted and pro-rated, as of the Closing Date, such that the benefits and burdens thereof through the Closing Date, shall be for the account of the SELLER, and from and after the Closing Date, for the account of the BUYER or his nominee, and the net amount thereof shall be paid as of the Closing Date to the party entitled thereto: (a) Applicable real estate taxes for the then current fiscal year, and all water and sewer charges, subject to re-adjustment pursuant to Paragraph 17 below. (b) All maintenance, electricity, gas and other utility and operating expenses applicable to the Premises shall be pro-rated based on estimates of the amount of such utility and operating expenses that will be due and payable on the next payment date for which bills are rendered with respect thereto, unless final readings shall be utilized as the basis for adjustment. As soon as the amount of utility and operating expenses on the Premises is known, Buyer and Seller shall re-adjust the amount to be paid by each party. 17. ADJUSTMENT OF UNASSESSED AND ABATED TAXES If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment 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. 18. BROKER'S FEE Intentionally Deleted. 19. BROKER S WARRANTY Intentionally Deleted. 20. DEPOSIT