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Home My Public Portal AboutFall 2021 CPC Applications Packet 071421 #1 Brewster Community Preservation Committee Application Form Instructions for Applicants Before you begin completing the form: 1. Download and save this document under a new name (for example Projectname.applicant.pdf)* 2. Open your saved document and complete the form fields. 3. If you need more room for answers/information, feel free to include additional pages in your submission. 4. Need help, or have questions? Send an email to cpcmeeting@brewster-ma.gov and we will respond quickly. 1 Community Preservation Committee Application October 1, 2020.rev2 Dear Community Members, The Brewster Community Preservation Committee (CPC) is accepting Community Preservation Act (CPA) funding applications for: 1. Acquisition, creation, and preservation of Open Space 2. Acquisition, preservation, rehabilitation, and restoration of Historic Resources 3. Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use. 4. Acquisition, creation, preservation, and support of Community Housing. 5. Rehabilitation and restoration of Open Space and Community Housing that have been acquired or created using monies from the fund. CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure. For examples of projects and additional information, go to: www.communitypreservation.org. An application form and list of selection criteria are attached. Applications should be submitted by July 1st for the fall meeting or December 1st for the spring meeting, to allow sufficient CPC review time for potential presentation to the following Brewster Town Meeting. Interested parties are urged to submit applications as soon as possible. For further information, please contact any member of the committee. Thank you, Faythe Ellis, Chair Community Preservation Committee Faythe Ellis, Chair Historical Commission faythe.ellis@outlook.com Sharon Marotti, Vice-chair Citizen Representative sharonmarotti@gmail.com Elizabeth G. Taylor, Clerk Planning Board egtfarm@gmail.com Roland W. Bassett, Jr., Member Recreation Commission Barbara Burgo, Member Brewster Housing Authority bjburgo19@gmail.com Peggy Jablonski, Member Citizen Representative pegjab@gmail.com Bruce Evans, Member Conservation Commission nanumetbruce@gmail.com Diane Pansire, Member Citizen Representative dpansire@capecodfive.com Paul Ruchinskas, Member Citizen Representative pjruch@comcast.net 2 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee Project Eligibility Criteria Projects must be eligible for Community Preservation Act (CPA) funding according to the requirements described in the CPA legislation. These requirements include:  Acquisition, creation, and preservation of Open Space  Acquisition, preservation, rehabilitation, and restoration of Historic Resources. (See Secretary of the Interior Standards for Treatment of Historic Properties for rehabilitation projects)  Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use.  Acquisition, creation, preservation, and support of Community Housing  Rehabilitation and restoration of Open Space and Community Housing that have been acquired or created using monies from the fund CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure. For examples of projects and additional information, go to: www.communitypreservation.org. Applicants must be able demonstrate a clear need for the use of public funds for their project. The CPC may recommend grants for the planning phase of projects where sufficient information is included in the application concerning the sources of funding that will be available after the planning phase is completed. The Brewster Community Preservation Committee (CPC) encourages applications that address as many of the following general criteria as possible:  Contribute to the preservation of Brewster’s unique character  Boost the vitality of the Town  Enhance the quality of life for Brewster residents  Serve more than one of the four CPA purposes  Save resources that would otherwise be threatened  Serve a currentl y under-served Town population  Demonstrate practicality and feasibility, and ability to implement within budget  Demonstrate a positive cost/benefit relationship  Leverage additional public and/or private funds  Preserve, enhance or better utilize existing Town resources  Receive endorsement by other Town committees and the Brewster public at large 3 Community Preservation Committee Application October 1, 2020.rev2 APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING Date Application Submitted: Name of Project Applicant: Name of Co-Applicant(s), if applicable: Name of Contact Person: Contact Person’s Mailing Address: Contact Person’s Daytime Phone Number: Contact Person’s email Address: Proposed Project Name: Project Address (or assessor’s parcel ID): Project Synopsis: Category: ☐ Open Space ☐ Historic Preservation ☐ Recreation ☐ Community Housing CPA funding requested $ ______________ Total Cost of Proposed Project $ 4 Community Preservation Committee Application October 1, 2020.rev2 PROJECT DESCRIPTION Please describe your project, answering all of the following questions in the order presented. Applications will be considered incomplete if all requested information is not provided. Include supporting materials (maps, diagrams, photos, etc.). Please number pages of application. Form fields are provided after each question for your convenience. If you need more room, you may provide additional information via separate documents/attachments at the end of the document. 1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project? 2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties. Additional information and analysis will be needed for projects submitted by churches/religious organizations to determine if they comply with the SJC’s Caplan vs. Town of Acton decision. 5 Community Preservation Committee Application October 1, 2020.rev2 3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to the attached general and issue-specific criteria and identify which of these apply to the project). 4. Community Benefits: What are the community benefits of the project? 5. Community Support: What is the nature and level of support for this project? Include letters of support and any petitions. 6. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please identify any special timing considerations for the project’s implementation. If this is part of a larger project, is it phased? What is the timeline for the entire project? 6 Community Preservation Committee Application October 1, 2020.rev2 7. Credentials: What are the qualifications and relevant experience of those undertaking the project? 8. Budget/Need for Public Funds: What is the total budget (sources of funds and uses/expenses) for the project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for maintenance.) If this is part of a larger project, what is the budget for the entire project (sources of funds and expenses/uses)? 7 Community Preservation Committee Application October 1, 2020.rev2 Clearly identify what additional funding sources are available, committed, or under consideration and why public funding would be appropriate. Include copies of commitment letters, if available, and describe any other attempts to secure funding for this project. Provide the most recent audited financial report or if none available, an applicant generated financial report that includes a balance sheet and operating budget. Town-sponsored projects must demonstrate why the project cannot be funded through the Department’s or Committee’s budget. 9. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance and how will it be funded? 8 Community Preservation Committee Application October 1, 2020.rev2 10. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property’s value by a state licensed appraiser using customary appraising techniques. The CPA does not allow funding for acquisitions if the acquisition price is greater than appraised value. 9 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee CATEGORY SPECIFIC CRITERIA (Identify which of the following criteria apply to your project.) Open Space Proposals  Permanently protect important wildlife habitat, including areas of significance for biodiversity, diversity of geological features and types of vegetation, contain a habitat type that is in danger of vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals.  Provide opportunities for passive recreation and environmental education.  Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of habitats.  Provide connections with existing trails or potential trail linkages.  Preserve scenic views or border a scenic road.  Protect drinking water quantity and quality.  Provide flood control/storage.  Preserve important surface water bodies, including wetlands, vernal pools or riparian zones.  Preserve priority parcels in the Town’s Open Space Plan/maximize the amount of open land owned by the Town of Brewster. Historical Preservation Proposals  MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster.  MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or restoration of Historic Preservation Properties.  MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The project must satisfy the analysis outlined by the SJC’s Caplan vs. Town of Acton decision.  Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological resources of significance, especially those that are threatened.  Protect, preserve, enhance, restore and/or rehabilitate town-owned properties, features or resources of historical significance.  Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site;  Demonstrate a public benefit and/or public access, or  Otherwise provide permanent protection for maintaining the historic resource.  Project site should not be privately owned unless there is demonstrable public access and benefit. Community Housing Proposals  Increase the supply of year-round affordable rental housing for all types of households, such as young singles and couples, families, and seniors.  Build support for addressing housing needs through partnerships with conservation groups and non- profit and for-profit developers.  Create housing that is affordable and appropriate for very low-income seniors and people with disabilities.  Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions.  Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster’s economy and accommodate household growth.  Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet local and regional needs.  Ensure long term affordability. 10 Community Preservation Committee Application October 1, 2020.rev2  Commit to a resident selection process that promotes diversity and does not include a local preference. Recreation Proposals  Support multiple active and passive recreation uses.  Serve a significant number of residents and visitors.  Expand the range of recreational opportunities available to all ages of Brewster residents and visitors.  Benefit other Brewster committees providing recreational resources to residents.  Promote the use of alternative corridors that provide safe and healthy non-motorized transportation. 11 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee APPLICATION REVIEW AND APPROVAL PROCESS Step 1 – Complete the application (with numbered pages) and submit with all attachments either:  Electronically to cpcmeeting@brewster-ma.gov, or  Deliver a thumb drive containing the complete application with all attachments to: Community Preservation Committee Town Hall 2198 Main Street Brewster, MA 02631 Step 2 – Community Preservation Committee Review and Public Comment A. Application Review: The Brewster Community Preservation Committee (CPC) will review submitted applications to determine whether:  Proposed project is eligible for Community Preservation Act funding after review by Town Counsel.  The application, including the project description and any supporting documentation, is complete.  The application is sufficiently developed in terms of work plan and timely for further consideration. When necessary, the CPC will ask applicants to provide additional information, and the CPC may accept modifications to the original proposal based upon that information and/or discussions with the CPC. B. Project Review Guidelines are as follows:  When the CPC has determined that the 3 criteria in the application review process listed above (A) have been satisfied, the CPC will refer an application to the appropriate committee for review and comment:  Historic Preservation applications will be referred to the Brewster Historical Commission for review and recommendations.  Community Housing applications will be referred to the Brewster Housing Partnership for review and recommendations.  Recreation applications will be referred to the Recreation Commission for review and recommendations (unless the application originated with the Recreation Commission).  Open Space applications will be referred to the Open Space Committee for review and recommendations (unless the application originated with the Open Space Committee) C. Public Comment – The CPC will seek public comment on proposed projects at regular scheduled meetings. D. CPC Recommendation – After Application Review (A), Project Review (B) and Public Comment (C), the CPC will make recommendations, pro or con, on all applications and will notify applicants of the CPC’s determination. Applications that are approved will be recommended in the form of warrant articles to be voted on at the next Town Meeting. 12 Community Preservation Committee Application October 1, 2020.rev2 The Brewster Community Preservation Committee (CPC) will make a recommendation to Town Meeting for warrant articles that seek Community Preservation funds only if satisfactory information is received from a project applicant indicating that: 1. Sufficient funds will be available to complete the project(s). 2. Every application shall include a project budget with a list of project sources and uses/expenses of funds and a schedule for completion. 3. The source and estimated value of any expected ‘in-kind’ contributions shall be specified. 4. The Brewster CPC may decline any application that is not responsive to these requirements. 5. The CPC will establish the preliminary terms and conditions for any recommended grant as part of its vote to recommend it. 6. Specific terms and conditions/requirements will be contained in the conditional award letter from the CPC. Step 3 – Town Meeting Approval. Town Meeting has the final authority to award funds from Brewster’s Community Preservation Fund. Should Town Meeting vote approval, for non-Town-sponsored awards, a Grant Agreement will be executed between the Town and the applicant that will incorporate the terms and conditions included in the award letter among other items. No CPC funds shall be expended until the Grant Agreement is fully executed. Step 4 – Funding and project oversight by the Community Preservation Committee  Funding will be available following Town Meeting, subject to submission of documents, including the Grant Agreement if necessary, as required by the Community Preservation Committee.  In general, the Town and CPC will execute a grant agreement with the applicant that will describe, among other issues, the conditions for CPC disbursement of funds, including any funds held back until project completion. The CPC must review and approve all agreements.  Historic Preservation projects will require monitoring to ensure that work meets the restrictions as outlined in the Secretary of the Interior Standards for Historic Properties.  In general, grant agreements will require that the project be completed and CPC funds expended within two years.  The CPC will appoint one of its members as the liaison for each approved project. The liaison will frequently be in contact with persons responsible for each project and will require regular reports in person and/or in writing to the Committee. The liaison will also provide the initial approval for any project funding request.  Two sets of bills must be submitted directly to the CPA Administrative Clerk (one original for the Town Accountant and one copy for the CPA Committee files). These must be approved/initialed by the Committee Clerk/Treasurer prior to being submitted to the Town Accountant. Step 5 – Final Report after project completion. The Community Preservation Committee requires a final grant report. The Committee reserves the right to withhold some funds until a final report is received and approved by the Committee. Housing Production Plan | 3 APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING Date Application Submitted: June 30, 2021 Name of Project Applicant: Town Administrator and Housing Office Name of Co-Applicant(s), if applicable: Name of Contact Person: Donna Kalinick & Jill Scalise Contact Person’s Mailing Address: 2198 Main St. Brewster Town Hall Contact Person’s Daytime Phone Number: 508-896-3701 X1130 or X1169 Contact Person’s email Address: dkalinick@brewster-ma.gov or jscalise@brewster-ma.gov Proposed Project Name: Brewster Housing Production Plan Update Project Address (or assessor’s parcel ID): Not applicable Project Synopsis: Brewster’s Housing Production Plan (HPP) is the foundation of the Town’s Housing Program. The present HPP was approved by the Department of Housing and Community Development (DHCD) in July 2017, has a five-year term, and is set to expire on June 29, 2022. This project is to complete an update of the Town's current HPP. The Plan includes a housing needs assessment, goals, and implementation strategies. Accomplishments such as hiring a Housing Coordinator, creating a Municipal Affordable Housing Trust, and amending the ADU bylaw, were all strategies originally outlined in the existing Housing Plan. The new plan will include the latest census data, explore present housing trends including the impact of the COVID- 19 pandemic, involve outreach to the community, and be compiled in coordination with the Vision Planning effort. HPPs are mandated by the state and having an approved HPP allows the Town to request DHCD's Certification of Municipal Compliance, this is often referred to as 'safe harbor' because it provides a Town with more control over the Comprehensive Permit process. Brewster received DHCD certification of the current Housing Plan for one year from April 2018- April 2019. The Town anticipates another opportunity to apply for HPP certification after the completion of Serenity Brewster. Category: ☐ Open Space ☐ Historic Preservation ☐ Recreation X Community Housing CPA funding requested $25,000 Total Cost of Proposed Project $ 25,000 Housing Production Plan | 4 PROJECT DESCRIPTION Please describe your project, answering all of the following questions in the order presented. Applications will be considered incomplete if all requested information is not provided. Include supporting materials (maps, diagrams, photos, etc.). Please number pages of application. 1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project? Brewster’s Housing Production Plan (HPP) is the foundation of the Town’s Housing Program. The present HPP was approved by the Department of Housing and Community Development (DHCD) in July 2017, has a five-year term, and is set to expire on June 29, 2022. This project is to complete an update of the Town's current HPP. The Plan, which includes a housing needs assessment, goals, and implementation strategies, has guided the Town's housing work over the past four years. Initiatives such as hiring a Housing Coordinator, creating a Municipal Affordable Housing Trust, and amending the ADU bylaw, are all strategies outlined in the current Housing Plan. A chart of the plan's implementation strategies (Attachment A) demonstrates how the plan has informed Brewster's housing program and led to numerous accomplishments. The Housing Plan goals (Attachment B) are even reflected in the CPC Community Housing grant criteria. The new plan will include the latest census data, explore present housing trends, involve outreach to the community, and be compiled in coordination with the Vision Planning effort. An approved Housing Production Plan is a requirement for the Town’s Local Comprehensive Plan. The timing of the plan enables the inclusion of the upcoming 2020 Census data and American Community Survey data. Additionally, it will examine the impact of the COVID pandemic on housing in the Town. HPPs are mandated by the state (Attachment C) and having an approved HPP allows the Town to request DHCD's Certification of Municipal Compliance. This certification can occur when, in one year, a Town produces affordable housing units totaling at least 0.5% of the Town's total year-round housing units. Presently, in Brewster, this formula equals the production of 24 Subsidized Housing Inventory, affordable units in one year. Certification of Municipal Compliance is often referred to as 'safe harbor' because it provides a Town with more control over the Comprehensive Permit process. Brewster received DHCD certification of the current Housing Plan for one year from April 2018- April 2019. The Town anticipates another opportunity to apply for HPP certification after the completion of Serenity Brewster. 2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a letter from the Brewster Historic Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties. Additional information and analysis will be needed for projects submitted by churches/religious organizations to determine if they comply with the SJC’s Caplan vs. Town of Acton decision. 3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to the attached general and issue-specific criteria and identify which of these apply to the project). This project addresses numerous criteria noted by the CPC. Housing Production Plan | 5 • Contribute to the preservation of Brewster’s unique character – Updating the Housing Plan will re-assess Town’s housing situation, identify goals and strategies, and assist the Town in preserving its housing and character. • Boost the vitality of the Town –The HPP will boost the vitality of the Town by addressing the current housing and economic needs of the Town. • Enhance the quality of life for Brewster residents- Increasing housing options in the town will enhance the quality of life for Brewster residents. • Save resources that would otherwise be threatened- Affordable housing is a threatened resource in the community. • Serve a currently under-served Town population – Low- and moderate-income households are a priority of the State’s Subsidized Housing Inventory (SHI) and a focus of the HPP. Additionally, the HPP addresses fair housing requirements. This includes reducing the potential for disparate impact on protected classes. • Demonstrate practicality and feasibility, and ability to implement within budget – The budget and costs have been determined in a methodical, informed manner. Town Administration has demonstrated the ability to implement within budget. • Demonstrate a positive cost/benefit relationship – These funds focused on planning can have a much larger impact by guiding the actual programs of the Town. The housing accomplishments based on the current HPP demonstrate the cost/benefit relationship for the Town. • Leverage additional public and/or private funds – The completion and implementation of the HPP will enable the Town to leverage additional funds from the state and from local non-profits. This includes applying for the State’s Housing Choice designation. The current HPP assisted in the following funds: a 1.68 million MassWorks grant for infrastructure related to the Brewster Woods development, a $10,000 Mass Housing Partnership (MHP) grant for a pre-feasibility study for the Millstone Community Housing property, MHP free training sessions and support for the Housing Trust, and Habitat for Humanity’s proposal for two homes on Red Top Road. • Preserve, enhance or better utilize existing Town resources – The HPP will help determine how to better enable the Town to preserve, enhance and utilize Town resources as they relate to Housing and Community Development. • Receive endorsement by other Town committees and the Brewster public at large – The Brewster Affordable Housing Trust, Planning Board, Vision Planning Committee and Select Board support this request. The project also addresses Community Housing criteria. Most of the listed housing criteria are found in the present HPP goals and all will be addressed through the Plan. For example, it is expected that the plan will identify strategies to increase the supply of year-round affordable rental housing, increase the variety of mixed income choices, and create housing that is affordable for senior and people with disabilities as well as encourage fair housing best policies. Specific focus will be found on the following criteria. • Build support for addressing housing needs through partnerships with conservation groups and non- profit and for-profit developers. o Outreach in the drafting of the HPP will assist in building support and partnerships. • Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions. o The updated HPP will better guide the Town in these areas to meet this goal. • Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet local and regional needs. o A specific purpose of the HPP in to assist the Town in meeting the 10% affordable housing goal. In 2017, when the current HPP was approved, Brewster’s SHI was 5.3% with 255 affordable Housing Production Plan | 6 units. Eight of the units were homes that received housing rehabilitation funds and had expiring affordability restrictions by July 2019. Today, according to DHCD, Brewster’s SHI is 5.6% with 268 affordable units. Additionally, 30 affordable units will be returned to the SHI when Brewster Woods receives Certificates of Occupancy. Thus, this will be a total of 298 units for 6.2% SHI. 4. Community Benefits: What are the community benefits of the project? The project will assist the Town in identifying and addressing its community housing challenges. Having more, varied housing options will assist residents, improve the town’s economy, and help maintain the community character. It will enable the Town to better qualify for state programs such as Housing Choice, achieve ‘safe harbor’, and leverage additional funds for housing initiatives in the Town. After approval, the plan will also be included as a component of the Town’s Local Comprehensive Plan. 5. Community Support: What is the nature and level of support for this project? Include letters of support and any petitions. There is broad support for this project. The HPP has been instrumental in Brewster's recent housing accomplishments and, in the current environment, the need for community housing is critical. Letters of Support are included from the Select Board, Planning Board, Vision Planning Committee and Affordable Housing Trust. (Attachment D) The Housing Partnership did not supply a Letter of Support because of their advisory role in the CPC process. However, they played a key role in the 2017 HPP process and plan to participate in the community outreach for the HPP. 6. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please identify any special timing considerations for the project’s implementation. If this is part of a larger project, is it phased? What is the timeline for the entire project? December 2021- Request for Quotes (RFQ) for HPP January 2022- Contract executed February- April 2022- Update of HPP, including compiling of demographics, update of needs assessment, interviews, and outreach. May 2022- Presentation, Public Hearing, and Town approval of HPP June 2022- Submittal of HPP to DHCD The schedule and HPP update will be coordinated with the Vision Planning Committee and the Planning Board. 7. Credentials: What are the qualifications and relevant experience of those undertaking the project? The Housing Coordinator, Assistant Town Administrator and Town Planner will assist with the work on the Housing Production Plan. All have relevant experience with Brewster's Housing Program. A consultant, with experience drafting HPPs, will be hired to prepare the HPP. 8. Budget/Need for Public Funds: What is the total budget (sources of funds and uses/expenses) for the project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for maintenance.) If this is part of a larger project, what is the budget for the entire project (sources of funds and expenses/uses)? Housing Production Plan | 7 Clearly identify what additional funding sources are available, committed, or under consideration and why public funding would be appropriate. Include copies of commitment letters, if available, and describe any other attempts to secure funding for this project. Provide the most recent audited financial report or if none available, an applicant generated financial report that includes a balance sheet and operating budget. Town-sponsored projects must demonstrate why the project cannot be funded through the Department’s or Committee’s budget. Budget: Housing Production Plan Update • $25,000 in CPA funding to engage a consultant to perform HPP update including needs assessment. • This is the same cost as to prepare the present Brewster HPP and needs assessment. A survey of surrounding town HPP updates was undertaken to determine and confirm the cost estimate. • In-kind contributions- Staff oversight will be provided by the Housing Coordinator, Assistant Town Administrator, and Town Planner. • Schedule for expenditure of funds: All expended in 2022, consistent with timetable of project in #6. Funding/ Financials: • Funds are not available in the Town budget for the HPP. The timing of the Housing Production Plan lends to a CPC application. Conversations were held with the Cape Cod Commission regarding funding. It was not possible to complete a request this year. The next funding round for technical assistance is January 2022. This would not provide enough time to complete the HPP prior to it expiring in June 2022. • HPP’s are an approved use of CPA funds and appropriate for public funding. • If funds are received, the plan update will be a Request for Quotes (RFQ) not to exceed $25,000. 9. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance and how will it be funded? Not applicable 10. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property’s value by a state licensed appraiser using customary appraising techniques. The CPA does not allow funding for acquisitions if the acquisition price is greater than appraised value. Not applicable Town of Brewster Community Preservation Committee CATEGORY SPECIFIC CRITERIA (Identify which of the following criteria apply to your project.) Open Space Proposals  Permanently protect important wildlife habitat, including areas of significance for biodiversity, diversity of geological features and types of vegetation, contain a habitat type that is in danger of vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals.  Provide opportunities for passive recreation and environmental education.  Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of habitats.  Provide connections with existing trails or potential trail linkages.  Preserve scenic views or border a scenic road. Housing Production Plan | 8  Protect drinking water quantity and quality.  Provide flood control/storage.  Preserve important surface water bodies, including wetlands, vernal pools or riparian zones.  Preserve priority parcels in the Town’s Open Space Plan/maximize the amount of open land owned by the Town of Brewster. Historical Preservation Proposals  MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster.  MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or restoration of Historic Preservation Properties.  MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The project must satisfy the analysis outlined by the SJC’s Caplan vs. Town of Acton decision.  Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological resources of significance, especially those that are threatened.  Protect, preserve, enhance, restore and/or rehabilitate town-owned properties, features or resources of historical significance.  Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site;  Demonstrate a public benefit and/or public access, or  Otherwise provide permanent protection for maintaining the historic resource.  Project site should not be privately owned unless there is demonstrable public access and benefit. Community Housing Proposals X Increase the supply of year-round affordable rental housing for all types of households, such as young singles and couples, families, and seniors. X Build support for addressing housing needs through partnerships with conservation groups and non- profit and for-profit developers. X Create housing that is affordable and appropriate for very low-income seniors and people with disabilities. X Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions. X Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster’s economy and accommodate household growth. X Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet local and regional needs. X Ensure long term affordability. -- Commit to a resident selection process that promotes diversity and does not include a local preference. Recreation Proposals  Support multiple active and passive recreation uses.  Serve a significant number of residents and visitors.  Expand the range of recreational opportunities available to all ages of Brewster residents and visitors.  Benefit other Brewster committees providing recreational resources to residents.  Promote the use of alternative corridors that provide safe and healthy non-motorized transportation. Please note the following attachments with this grant application: A. Brewster Current HPP Implementation Strategies with accomplishments (begin page 10) B. Brewster Current HPP Goals (begin page 12) C. DHCD Guidelines for Housing Production Plans (begin page 13) Housing Production Plan | 9 D. Letters of Support (begin page 21) • Affordable Housing Trust Fund • Select Board • Vision Planning Committee • Planning Board June 2021 Housing Production Plan | 10 Attachment A: Town of Brewster, MA Housing Production Plan Implementation Strategies Implementation Strategies Responsible Entities Time Frame Pg. # Lead Support Regulatory Reform #1 Amend the Zoning Bylaw to facilitate creation of accessory apartments Planning BHP HC Approved TM 12/18 65 #2 Make it as easy as possible to create apartments over commercial space in business-zoned areas (such as the Village Business District and Underpass Road.) Planning BHP HC Approved TM 12/18 65 #3 Allow small affordable units on nonconforming lots that are otherwise unbuildable. Planning HC, ZBA, Building Commis sioner (In process) Habitat & Medium/ Long term 65 #4 Provide effective incentives to create affordable housing. (e.g., by providing for multifamily dwellings with realistic density & in exchange, requiring affordable units, or requiring proposed buildings over a certain size to include affordable housing as a condition of approval.) Planning HC Medium/ Long term 66 #5 Overhaul & update existing, underutilized provisions (such as Section 139-35.2, Major Residential Development or Section 179-36, Planned Residential Development, in order to encourage a mix of residential uses, including affordable units.) Planning HC Medium/ Long term 66 #6 Remove local barriers to reusing & redeveloping existing properties for affordable housing. Planning (PB) HC ZBA Ongoing/ Wingate ZBA & PB 10/20 66 Funding & Assets #7 Establish a Municipal Housing Trust by adopting the provisions of G.L. c. 44,$ 55C. HC & Select Board BHP CPC Created TM 5/18, CPA funds $100,000 TM 12/18 66 #8 Explore possibilities for local property tax incentives to help fund the creation and preservation of affordable housing. HC, BAHT & Select Board (SB) BHP SB Policy 4/21; Short-term rental rev. $250,000 67 #9 Work with nearby communities on the Cape by pooling CPA funds & other revenue to construct affordable housing in suitable locations throughout the region & meet regional needs. HC, BAHT & CPC Select Board & BHP CPC: Forward, Veteran’s home 68 June 2021 Housing Production Plan | 11 #10 Develop & carry out a plan to preserve Brewster’s existing affordable units, especially SHI units with restrictions that expire in the next few years. HC BAHT BHP CPC In Process CPC funds $500,000 TM 11/19 68 #11 Advocate for adoption of special legislation to create a seasonal rentals excise. Select Board BAHT & HC BHP MA passed Legislation 12/18 69 Education & Advocacy #12 Create a Housing Coordinator position. Select Board & Planning BHP CPC Hired July 2017 CPA funds 69 #13 Develop a comprehensive housing education plan. HC BHP BAHT Forum May 2019 Ongoing 69 Local Policy & Planning Strategies #14 Make good use of 40B as a vehicle for creating affordable housing. BHP BAHT & HC Select Board ZBA Ongoing Brew. Woods Habitat 70 #15 Develop an asset management plan for Town- owned property, including criteria for making surplus property determinations. Select Board BAHT & HC Vision Sessions 2017-8, Planning Medium term & ongoing (Identification in Process) 70 #16 Recognize local government’s responsibility for fair & affordable housing in Brewster, and lead by example: reduce the potential for disparate impact on protected classes. HC & BAHT BHP, CPC & Select Board Ongoing Training 3/21 70 Notations: BAHT- Brewster Affordable Housing Trust HC- Housing Coordinator BHP- Brewster Housing Partnership Committee TM- Town Meeting CPC- Community Preservation Committee ZBA- Zoning Board of Appeals In process- Areas where the Housing Coordinator, and others, have been actively working. Accomplishments Highlighted Additionally- Housing Production Plan certified- November 2018 – April 2019. Brewster Buy-Down program overhauled and 3 homes purchased with buy-down funds. Rental Assistance Program- $75,000 Housing Trust funding + $150,000 (all CPA funds) Housing Production Plan | 12 Attachment B: BREWSTER HOUSING PRODUCTION PLAN 2017 HOUSING GOALS 1. Increase the supply of year-round market rate and affordable rental housing for all types of households, such as young singles and couples, families, and seniors. 2. Build support for addressing housing needs through partnerships with conservation groups and non-profit and for-profit developers, and increased commitment of local funds such as Community Preservation Act (CPA) revenue. 3. Create housing that is affordable and appropriate for very low-income seniors and people with disabilities. 4. Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions. 5. Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster’s economy & accommodate household growth. 6. Create and provide programs to support struggling home owners, such as a housing rehabilitation program to help lower-income homeowners and seniors with extraordinary maintenance and repairs. 7. Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet local and regional needs. Attachment C Housing Production Plan 13 Attachment C Housing Production Plan 14 Attachment C Housing Production Plan 15 Attachment C Housing Production Plan 16 Attachment C Housing Production Plan 17 Attachment C Housing Production Plan 18 Attachment C Housing Production Plan 19 Attachment C Housing Production Plan 20 Attachment D Housing Production Plan 21 Attachment D Housing Production Plan 22 Attachment D Housing Production Plan 23 Attachment D Housing Production Plan 24 Latham Centers Smart Start in Adult Living Project. Brewster CPA Application 2021 1 ATTACHMENT A Latham Centers and its residential school campus offer life-changing programs and resources for children with complex special needs. Founded in 1970 in Brewster, MA, Latham Centers, Inc., operates a residential treatment school for children with special needs ranging from 8 to 22 years old. Our students with multiple diagnoses, including intellectual and cognitive disabilities, developmental delays, emotional disorders, behavioral challenges, and mental illness, receive round-the-clock clinical, educational, and residential care. Latham Centers is world-renowned for its residential treatment program for individuals with Prader-Willi syndrome (PWS). PWS is a life-threatening genetic disorder that results from a rare congenital disability, an abnormality in the 15th chromosome that strikes approximately one in 15,000 individuals. This syndrome occurs in all races and ethnic groups. There is no cure for PWS. Individuals and their families or guardians must learn to cope with the physical, behavioral, and cognitive challenges it poses. Prader-Willi syndrome primarily affects the area of the brain called the hypothalamus – the control center for many endocrine processes. Individuals with PWS have an insatiable appetite, and they constantly seek food. Other symptoms of PWS include mild-to-moderate developmental disabilities and emotional and behavioral challenges. The diagnosis may also include obsessive-compulsive behaviors such as skin picking. Slow body metabolism, which can lead to obesity and its comorbidities such as diabetes, can be another hallmark of the syndrome. PWS impacts so many aspects of the lives of individuals diagnosed with this syndrome. The resulting stress and strain upon families and guardians only increase as children with PWS age. Failure to provide individuals with PWS the special supportive services they require can be life- threatening. Treatments include an adaptive diet, secured food sources, daily exercise, medication, physical and occupational therapies, growth hormone therapy, and special education services. Latham Centers is currently the only program on the East Coast providing treatment for boys and girls and adults with PWS. Accredited by the Council on Accreditation, Latham helps those with PWS and other complex special needs lead happier, more productive, longer lives. Many students arrive at Latham Centers morbidly obese and diabetic due to their PWS diagnoses, but they graduate at healthy weights. Latham Centers' robust Children's Services, Adult Services, and Transitional (students ages 17-22) programs can enable every resident to thrive. Latham Centers also operates 12 group homes for special needs adults 24/7, 365 days per year in various communities on Cape Cod and in Plymouth and Wareham, MA. Latham Centers Smart Start in Adult Living Project. Brewster CPA Application 2021 2 The proposed SSAL affordable housing project - a newly constructed residential building, featuring seven one-bedroom apartments with a common area, laundry facilities, and a "teaching" kitchen, is part of a larger campus expansion project for Latham Centers, Inc. The residential building will house six young adults ranging in age from 17-22 and 1 -2 house parent(s) who will provide supervision and support. Each of the seven apartments will meet the criteria for affordable housing. People with ID/DD face a housing crisis with many contributing factors, such as a lack of safe, affordable, accessible, and integrated housing, along with significant housing-related discrimination. Historically, families with a disabled child had to place their child in an institution or manage without any supports or services at home. Institutions create an isolated, unnatural way of life that is inappropriate and unnecessary while consuming a disproportionate share of limited public resources. The recognition that individuals with ID/DD can and should live as independently as possible and engage in their communities has led to a growing demand for community-based affordable housing. This demand is fueled by individuals choosing to leave institutional settings, by young adults educated in inclusive schools, and by adults with ID/DD who live with aging parents. However, people with ID/DD are among the nation's poorest citizens. For many, Social Security and Supplemental Security Income benefits, which are often far lower than typical rents, are their primary or sole source of income; beneficiaries are generally priced out of rental markets across the country. This is especially true on Cape Cod, where the cost of living is high. The SSAL project aims to integrate young adults with ID/DD into their communities as active participants. We can accomplish this goal by supporting them as they learn to practice real-life skills in a safe, nurturing environment that enhances confidence and increases independence where appropriate. Through this program, they will learn the skills needed to make the transition to adulthood. In 2013, Latham Centers acquired the former New England Fire and History Museum property located at 1439 Main Street near our Brewster Children's Campus for one dollar. In addition to the construction of the SSAL project, the existing buildings and property will be renovated to create a new campus featuring the Latham Community and Arts Center, a dynamic, multi-use facility for Latham students, adult residents, and members of the community, and a "Meeting House" to be used for administrative meetings, offices, and training. These facilities will serve as a hub for the special-needs community on Cape Cod. They will also be available for discrete use by residents of Brewster and neighboring communities. A building analysis of the existing property structure earmarked for the community center showed that extensive renovation and upgrades are needed. While the foundation, floors, walls, and roof framing appear to be in good condition, considerable work is necessary to repair and outfit the interior and exterior structure. The renovation will include work on the roof, windows, doors, gutters, siding, and fixtures. Mold and water damage remediation will also be required. Upgrades and repairs to the major building systems such as plumbing, heating, and electrical are needed. Further work will be done to bring the building up to code compliance for accessibility and safety as the new Latham Community and Arts Center. The facility will include a recreation space/gymnasium, exercise facilities, an auditorium and stage, an art room, a technology room, a woodshop, and a greenhouse and community garden. The facility will meet Latham Centers' critical expansion needs, revitalize the area, and will serve the community at large during off-peak hours. The Meeting House is currently being used to house our maintenance department and training center. Plans for this building include both system and cosmetic updates, HVAC improvements, new windows, roofing, insulation, and updated electrical. Latham Centers Smart Start in Adult Living Project. Brewster CPA Application 2021 3 The newly constructed SSAL apartment building plans include six affordable efficiency units available to young adults ages 17-22 with ID/DD and a larger unit where the house parent(s) will reside. Latham will support these individuals in developing critical life skills necessary for adulthood. We plan to partner with local high schools and Cape Cod Community College to identify students for the program. They will learn fiscal literacy and job skills to prepare them to find and retain work in the area. Upon aging out of the program, Latham will support them in finding suitable living arrangements and services. This program will provide opportunities for community engagement and mentoring. It will also include opportunities to learn about and use Enabling Technology (assistive technology and remote monitoring support systems) for greater independence and less reliance on direct support staff. Developing comprehensive enabling technology support programs is part of the Massachusetts Department of Developmental Services' Technology Forward Initiative and a key pillar in Latham Centers' strategic vision. This program will expand the local workforce while preparing young adults with ID/DD to live more inclusive independent lives. 460 West Main St. Hyannis, MA 02601 • haconcapecod.org • hac@haconcapecod.org • 508-771-5400 fax: 508-775-7434 May 5 , 2021 To Whom It May Concern: I am writing to express my support for Latham Center's development of eight affordable apartments that will host a transitional living program for young adults with intellectual and developmental disabilities. The program will have a live-in staff person and focus on developing life skills, vocational skill-building and placement, and community integration. The goal of the program is to prepare young adults with challenges to live independently in their community. Upon completing their time in this transitional program, these individuals will move into the community and receive ongoing case management services. The transitional living program is part of a greater campus expansion initiative at the former New England Fire and History Museum parcel located at 1439 Main Street in Brewster and located less than a half-mile from Latham's main campus in Brewster. The new dynamic multi-use Community and Arts Center will provide space for fitness, learning, exploration, and connection. Housing Assistance Corporation (HAC) understands the challenges of finding safe and affordable housing on Cape Cod and supports Latham Center’s goal to provide housing for young adults with disabilities who historically, have limited options to live independently. As an affordable housing developer, we also understand the challenges of planning, designing, and funding a complex project in an environment of sky-rocketing construction costs. We hope you will support the Latham Center’s effort in this endeavor. Established in 1970, Latham Centers is an internationally renowned and nationally-accredited treatment program providing therapeutic, residential, educational, and vocational services to individuals with highly specialized needs. Helping young persons with intellectual and developmental challenges get a good start in adulthood is critical to their future success. Please support this vital program, providing affordable housing during a young adult's initial move into adult living and supporting their success in work and community life. Sincerely, David Quinn Director or Housing Development and Planning Housing Assistance Corporation dquinn@haconcapecod.org (508) 280-8465 Community Connections Inc. Opportunities for People with Disabilities May 5, 2021 To Whom It May Concern: I am writing to express my support for Latham Center's development of eight affordable apartments that will host a transitional living program for young adults with intellectual and developmental disabilities. The program will have a live-in staff person and focus on developing life skills, vocational skill -building and placement, and community integration. The goal of the program is to prepare young adults with challenges to live independently in their community. Upon completing their time in this transitional program, these individuals will move into the community and receive ongoing case management services. The transitional living program is part of a greater campus expansion initiative at the former New England Fire and History Museum parcel located at 1439 Main Street in Brewster and located less than a half -mile from Latham's main campus in Brewster. The new dynamic multi -use Community and Arts Center will provide space for fitness, learning, exploration, and connection. Established in 1970, Latham Centers is an internationally renowned and nationally -accredited treatment program providing therapeutic, residential, educational, and vocational services to individuals with highly specialized needs. Latham Centers is one of few residential facilities in the United States and the only facility in the Northeast specializing in Prader-Willi Syndrome (PWS) treatment. PWS is a severe, random, and incurable genetic disorder. The syndrome manifests itself in severe characteristic symptoms, including insatiable appetite, mild to moderate intellectual disability, emotional and behavioral problems, obsessive -compulsive behaviors, and slow body metabolism. In addition to PWS, Latham provides care to children and adults with other complex needs and multiple diagnoses, including Asperger's Syndrome, Autism, and Reactive Attachment Disorder. Latham is also a leader in the treatment of children and adults with significant trauma histories. Latham's successes have resulted in growth and increased demand as they have assumed greater responsibility to the special -needs community as one of Lower Cape Cod's largest employers. The agency employs some 275 full- and part-time staff. 261 Whites Path South Yarmouth, MA 02664 800-308-1321 508-362-1140 TTY 508-398-2738 Fax 508-362-9198 www.communityconnectionsinc.org ./ Community Connections Inc. Opportunities for People with Disabilities Helping young persons with intellectual and developmental challenges get a good start in adulthood is critical to their future success. Please support this vital program, providing affordable housing during a young adult's initial move into adult living and supporting their success in work and community life. As we all know, housing on the Cape presents a particular challenge for many, including adults with intellectual and developmental disabilities. This project will help address that need and at the same time it will also help foster a heightened sense of community inclusion for those able to take advantage of this wonderful opportunity. Thank you for your consideration and the opportunity to endorse this project with pleasure and confidence. Sincerely, David Botting President and CEO 261 Whites Path South Yarmouth, MA 02664 800-308-132.1 508-362-1140 TTY 508-398-2738 Fax 508-362-9198 www.communitycoimectionsinc.org Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 June 2, 2021 To Whom It May Concern: Office of: Select Board Town Administrator I am writing to express my support for Latham Centers' campus expansion initiative at the former New England Fire and History Museum parcel located at 1439 Main Street in Brewster. This project includes the renovation of the existing museum building to create a new multi -use Community and Arts Center, which will provide space for fitness, learning, exploration, and connection. Additionally, Latham will develop eight affordable apartments that will host a transitional living program for young adults with intellectual and developmental disabilities. The program will have a live-in staff person and focus on developing life skills, vocational skill -building and placement, and community integration. The goal of the program is to prepare young adults with challenges to live independently. Upon completing their time in this transitional program, these individuals will move into the community and receive ongoing case management services. Established in 1970, Latham Centers is an internationally renowned, nationally -accredited treatment program providing therapeutic, residential, educational, and vocational services to individuals with highly specialized needs. Latham Centers is one of few residential facilities in the United States specializing in Prader-Willi Syndrome (PWS) treatment. PWS is a severe, random, and incurable genetic disorder. The syndrome manifests itself in severe characteristic symptoms, including insatiable appetite, mild to moderate intellectual disability, emotional and behavioral problems, obsessive -compulsive behaviors, and slow body metabolism. In addition to PWS, Latham provides care to children and adults with other complex needs and multiple diagnoses, including Asperger's Syndrome, Autism, and Reactive Attachment Disorder. Latham is also a leader in the treatment of children and adults with significant trauma histories. Latham's successes have resulted in growth and increased demand as they have assumed greater responsibility to the special -needs community as one of Lower Cape Cod's largest employers. The agency employs some 275 full- and part-time staff. Helping young persons with intellectual and developmental challenges get a good start in adulthood is critical to their future success. The affordable housing component of the project dovetails seamlessly with Brewster's current housing work, Vision Plan, and approved Housing Production Plan (HPP). This housing initiative will meet an identified need in the community. One of the goals of the HPP includes creating housing that is affordable and appropriate for people with disabilities. Please support this vital program, providing affordable housing during a young adult's initial move into adult living and supporting their success in work and community life. Thank you for your consideration and the opportunity to endorse this project with pleasure and confidence. Peter Lombardi Brewster Town Administrator //II/II//II1 IIIII►►111\\\11 1 11 Ill- Li I L 1 ��' iI it II III I i;� '� P Hi A+ -__Ii 'I11 11 li I� it llil 111111111'I 1 HI'e` i l' l l i l 1-. . ",: Alt _r a il_11 II li Wi ■.m. i I� Brewster Community Preservation Committee Application Form Instructions for Applicants Before you begin completing the form: 1.Download and save this document under a new name (for example Projectname.applicant.pdf)* 2.Open your saved document and complete the form fields. 3.If you need more room for answers/information, feel free to include additional pages in your submission. 4.Need help, or have questions? Send an email to cpcmeeting@brewster-ma.gov and we will respond quickly. 1 Community Preservation Committee Application October 1, 2020.rev2 Dear Community Members, The Brewster Community Preservation Committee (CPC) is accepting Community Preservation Act (CPA) funding applications for: 1. Acquisition, creation, and preservation of Open Space 2. Acquisition, preservation, rehabilitation, and restoration of Historic Resources 3. Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use. 4. Acquisition, creation, preservation, and support of Community Housing. 5. Rehabilitation and restoration of Open Space and Community Housing that have been acquired or created using monies from the fund. CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure. For examples of projects and additional information, go to: www.communitypreservation.org. An application form and list of selection criteria are attached. Applications should be submitted by July 1st for the fall meeting or December 1st for the spring meeting, to allow sufficient CPC review time for potential presentation to the following Brewster Town Meeting. Interested parties are urged to submit applications as soon as possible. For further information, please contact any member of the committee. Thank you, Faythe Ellis, Chair Community Preservation Committee Faythe Ellis, Chair Historical Commission faythe.ellis@outlook.com Sharon Marotti, Vice-chair Citizen Representative sharonmarotti@gmail.com Elizabeth G. Taylor, Clerk Planning Board egtfarm@gmail.com Roland W. Bassett, Jr., Member Recreation Commission Barbara Burgo, Member Brewster Housing Authority bjburgo19@gmail.com Peggy Jablonski, Member Citizen Representative pegjab@gmail.com Bruce Evans, Member Conservation Commission nanumetbruce@gmail.com Diane Pansire, Member Citizen Representative dpansire@capecodfive.com Paul Ruchinskas, Member Citizen Representative pjruch@comcast.net 2 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee Project Eligibility Criteria Projects must be eligible for Community Preservation Act (CPA) funding according to the requirements described in the CPA legislation. These requirements include:  Acquisition, creation, and preservation of Open Space  Acquisition, preservation, rehabilitation, and restoration of Historic Resources. (See Secretary of the Interior Standards for Treatment of Historic Properties for rehabilitation projects)  Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use.  Acquisition, creation, preservation, and support of Community Housing  Rehabilitation and restoration of Open Space and Community Housing that have been acquired or created using monies from the fund CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure. For examples of projects and additional information, go to: www.communitypreservation.org. Applicants must be able demonstrate a clear need for the use of public funds for their project. The CPC may recommend grants for the planning phase of projects where sufficient information is included in the application concerning the sources of funding that will be available after the planning phase is completed. The Brewster Community Preservation Committee (CPC) encourages applications that address as many of the following general criteria as possible:  Contribute to the preservation of Brewster’s unique character  Boost the vitality of the Town  Enhance the quality of life for Brewster residents  Serve more than one of the four CPA purposes  Save resources that would otherwise be threatened  Serve a currentl y under-served Town population  Demonstrate practicality and feasibility, and ability to implement within budget  Demonstrate a positive cost/benefit relationship  Leverage additional public and/or private funds  Preserve, enhance or better utilize existing Town resources  Receive endorsement by other Town committees and the Brewster public at large 3 Community Preservation Committee Application October 1, 2020.rev2 APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING Date Application Submitted: Name of Project Applicant: Name of Co-Applicant(s), if applicable: Name of Contact Person: Contact Person’s Mailing Address: Contact Person’s Daytime Phone Number: Contact Person’s email Address: Proposed Project Name: Project Address (or assessor’s parcel ID): Project Synopsis: Category: ☐ Open Space ☐Historic Preservation ☐Recreation ☐Community Housing CPA funding requested $ ______________ Total Cost of Proposed Project $ 4 Community Preservation Committee Application October 1, 2020.rev2 PROJECT DESCRIPTION Please describe your project, answering all of the following questions in the order presented. Applications will be considered incomplete if all requested information is not provided. Include supporting materials (maps, diagrams, photos, etc.). Please number pages of application. Form fields are provided after each question for your convenience. If you need more room, you may provide additional information via separate documents/attachments at the end of the document. 1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project? 2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties. Additional information and analysis will be needed for projects submitted by churches/religious organizations to determine if they comply with the SJC’s Caplan vs. Town of Acton decision. 5 Community Preservation Committee Application October 1, 2020.rev2 3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to the attached general and issue-specific criteria and identify which of these apply to the project). 4. Community Benefits: What are the community benefits of the project? 5. Community Support: What is the nature and level of support for this project? Include letters of support and any petitions. 6. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please identify any special timing considerations for the project’s implementation. If this is part of a larger project, is it phased? What is the timeline for the entire project? 6 Community Preservation Committee Application October 1, 2020.rev2 7. Credentials: What are the qualifications and relevant experience of those undertaking the project? 8. Budget/Need for Public Funds: What is the total budget (sources of funds and uses/expenses) for the project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for maintenance.) If this is part of a larger project, what is the budget for the entire project (sources of funds and expenses/uses)? 7 Community Preservation Committee Application October 1, 2020.rev2 Clearly identify what additional funding sources are available, committed, or under consideration and why public funding would be appropriate. Include copies of commitment letters, if available, and describe any other attempts to secure funding for this project. Provide the most recent audited financial report or if none available, an applicant generated financial report that includes a balance sheet and operating budget. Town-sponsored projects must demonstrate why the project cannot be funded through the Department’s or Committee’s budget. 9. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance and how will it be funded? 8 Community Preservation Committee Application October 1, 2020.rev2 10. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property’s value by a state licensed appraiser using customary appraising techniques. The CPA does not allow funding for acquisitions if the acquisition price is greater than appraised value. 9 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee CATEGORY SPECIFIC CRITERIA (Identify which of the following criteria apply to your project.) Open Space Proposals  Permanently protect important wildlife habitat, including areas of significance for biodiversity, diversity of geological features and types of vegetation, contain a habitat type that is in danger of vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals.  Provide opportunities for passive recreation and environmental education.  Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of habitats.  Provide connections with existing trails or potential trail linkages.  Preserve scenic views or border a scenic road.  Protect drinking water quantity and quality.  Provide flood control/storage.  Preserve important surface water bodies, including wetlands, vernal pools or riparian zones.  Preserve priority parcels in the Town’s Open Space Plan/maximize the amount of open land owned by the Town of Brewster. Historical Preservation Proposals  MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster.  MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or restoration of Historic Preservation Properties.  MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The project must satisfy the analysis outlined by the SJC’s Caplan vs. Town of Acton decision.  Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological resources of significance, especially those that are threatened.  Protect, preserve, enhance, restore and/or rehabilitate town-owned properties, features or resources of historical significance.  Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site;  Demonstrate a public benefit and/or public access, or  Otherwise provide permanent protection for maintaining the historic resource.  Project site should not be privately owned unless there is demonstrable public access and benefit. Community Housing Proposals  Increase the supply of year-round affordable rental housing for all types of households, such as young singles and couples, families, and seniors.  Build support for addressing housing needs through partnerships with conservation groups and non- profit and for-profit developers.  Create housing that is affordable and appropriate for very low-income seniors and people with disabilities.  Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions.  Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster’s economy and accommodate household growth.  Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet local and regional needs.  Ensure long term affordability. 10 Community Preservation Committee Application October 1, 2020.rev2  Commit to a resident selection process that promotes diversity and does not include a local preference. Recreation Proposals  Support multiple active and passive recreation uses.  Serve a significant number of residents and visitors.  Expand the range of recreational opportunities available to all ages of Brewster residents and visitors.  Benefit other Brewster committees providing recreational resources to residents.  Promote the use of alternative corridors that provide safe and healthy non-motorized transportation. 11 Community Preservation Committee Application October 1, 2020.rev2 Town of Brewster Community Preservation Committee APPLICATION REVIEW AND APPROVAL PROCESS Step 1 – Complete the application (with numbered pages) and submit with all attachments either:  Electronically to cpcmeeting@brewster-ma.gov, or  Deliver a thumb drive containing the complete application with all attachments to: Community Preservation Committee Town Hall 2198 Main Street Brewster, MA 02631 Step 2 – Community Preservation Committee Review and Public Comment A. Application Review: The Brewster Community Preservation Committee (CPC) will review submitted applications to determine whether:  Proposed project is eligible for Community Preservation Act funding after review by Town Counsel.  The application, including the project description and any supporting documentation, is complete.  The application is sufficiently developed in terms of work plan and timely for further consideration. When necessary, the CPC will ask applicants to provide additional information, and the CPC may accept modifications to the original proposal based upon that information and/or discussions with the CPC. B. Project Review Guidelines are as follows:  When the CPC has determined that the 3 criteria in the application review process listed above (A) have been satisfied, the CPC will refer an application to the appropriate committee for review and comment:  Historic Preservation applications will be referred to the Brewster Historical Commission for review and recommendations.  Community Housing applications will be referred to the Brewster Housing Partnership for review and recommendations.  Recreation applications will be referred to the Recreation Commission for review and recommendations (unless the application originated with the Recreation Commission).  Open Space applications will be referred to the Open Space Committee for review and recommendations (unless the application originated with the Open Space Committee) C. Public Comment – The CPC will seek public comment on proposed projects at regular scheduled meetings. D. CPC Recommendation – After Application Review (A), Project Review (B) and Public Comment (C), the CPC will make recommendations, pro or con, on all applications and will notify applicants of the CPC’s determination. Applications that are approved will be recommended in the form of warrant articles to be voted on at the next Town Meeting. 12 Community Preservation Committee Application October 1, 2020.rev2 The Brewster Community Preservation Committee (CPC) will make a recommendation to Town Meeting for warrant articles that seek Community Preservation funds only if satisfactory information is received from a project applicant indicating that: 1. Sufficient funds will be available to complete the project(s). 2. Every application shall include a project budget with a list of project sources and uses/expenses of funds and a schedule for completion. 3. The source and estimated value of any expected ‘in-kind’ contributions shall be specified. 4. The Brewster CPC may decline any application that is not responsive to these requirements. 5. The CPC will establish the preliminary terms and conditions for any recommended grant as part of its vote to recommend it. 6. Specific terms and conditions/requirements will be contained in the conditional award letter from the CPC. Step 3 – Town Meeting Approval. Town Meeting has the final authority to award funds from Brewster’s Community Preservation Fund. Should Town Meeting vote approval, for non-Town-sponsored awards, a Grant Agreement will be executed between the Town and the applicant that will incorporate the terms and conditions included in the award letter among other items. No CPC funds shall be expended until the Grant Agreement is fully executed. Step 4 – Funding and project oversight by the Community Preservation Committee  Funding will be available following Town Meeting, subject to submission of documents, including the Grant Agreement if necessary, as required by the Community Preservation Committee.  In general, the Town and CPC will execute a grant agreement with the applicant that will describe, among other issues, the conditions for CPC disbursement of funds, including any funds held back until project completion. The CPC must review and approve all agreements.  Historic Preservation projects will require monitoring to ensure that work meets the restrictions as outlined in the Secretary of the Interior Standards for Historic Properties.  In general, grant agreements will require that the project be completed and CPC funds expended within two years.  The CPC will appoint one of its members as the liaison for each approved project. The liaison will frequently be in contact with persons responsible for each project and will require regular reports in person and/or in writing to the Committee. The liaison will also provide the initial approval for any project funding request.  Two sets of bills must be submitted directly to the CPA Administrative Clerk (one original for the Town Accountant and one copy for the CPA Committee files). These must be approved/initialed by the Committee Clerk/Treasurer prior to being submitted to the Town Accountant. Step 5 – Final Report after project completion. The Community Preservation Committee requires a final grant report. The Committee reserves the right to withhold some funds until a final report is received and approved by the Committee. DN DN DN DN UP UP 1 1 2 2 5 4.3 4.1 A B C D E F G 3 4 2'-0" 31'-10" 3'-1" 36'-11"20'-11"27'-3 1/2"48'-2 1/2"20'-11"42'-10 3/4"63'-9 3/4"36' -4"10 '-7 1 /2 "2 8 '-1 "3 8 '-8 1/2 "120.00°1 A-4.5 2 A -4 .5 COVERED ROOF SEE ELEVATIONS 1 CS-1 4'-0"6'-0"1'-6"3'-0" 3'-0" 1 0' -0"31 ' - 1 0 1 /4" 4 '-0 "4'-0"1A -4 .11 A-4.0 2 A-4.1 HARDSCAPE (SEE LANDSCAPE ARCHITECT/CIVIL DWGS) SEE CIVIL DRAWINGS FOR HARDSCAPE PLANS AMPHITHEATER PLANS BY CIVIL ENGINEER & LANDSCAPE ARCHITECT SEE CIVIL DRAWINGS FOR HARDSCAPE PLANS EXISTING MEETING HOUSE 1 5'-6" 1 2' - 1 0 3/4" w/h w/h W/D HIGH WINDOW HIGH WINDOW5' -0" 24'-6 3/4" 4'-6"    w/h    SPRINKLER RISER ELECTRICAL PANEL TV JANITORS SINK   HIGH WINDOW HIGH WINDOW HIGH WINDOW HIGH WINDOW   STACKABLE WASHER/DRYER SHEET NO.JOB NO.PROJECT:SCALE:DRAWN BY:DATE:SUBJECT:833 TURNPIKE ROAD P.O. BOX 104 NEW IPSWICH NEW HAMPSHIRE 03071 ARCHITECTURE LAND PLANNING INTERIOR DESIGN 3D VISUALIZATION THIS DESIGN AND THE DRAWINGS THEREFORE, PREPARED FOR THIS PROJECT, ARE THE PROPERTY OF THE ARCHITECT, BRUCE RONAYNE HAMILTON, ARCHITECTS INC., AND, THE DESIGN AND/OR DRAWINGS MAY NOT BE USED IN WHOLE OR IN PART FOR ANY USE OTHER THAN FOR THE ORIGINAL PROJECT FOR WHICH THE DESIGN AND/OR DRAWINGS WERE PREPARED, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE ARCHITECT, BRUCE RONAYNE HAMILTON ARCHITECTS, INC. NO BUILDING PERMIT SHALL BE ISSUED BY ANY BUILDING DEPARTMENT, UNLESS THIS DOCUMENT BEARS THE ORIGINAL SEAL AND SIGNATURE OF THE ARCHITECT, BRUCE RONAYNE HAMILTON ARCHITECTS INC.3/16" = 1'-0"180802/24/2021BBBREWSTER, MA 3/16" = 1'-0"A-1.0 1  FIRST FLOOR = 2940 SQ. FT. SECOND FLOOR = 2980 SQ FT. TOTAL = 5,820 SQ FT REV. NODESCRIPTION OF REV.REV.DATE FIRST FLOOR 0" 2ND FLOOR 10' -2" T.O. ROOF 28' -8 1/2" T.O. CUPOLA 34' -11" 2ND FL T.O. WALL 19' -3" F CEILING 9' -0" FIRST FLOOR 0" T.O. WALL 7' -6" BASEMENT -8' -6" C T.O. WALL STAIR ADDITION 8' -8 1/4" FIRST FLOOR 0" 2ND FLOOR 10' -2" 2ND FLOOR 10' -2" T.O. ROOF 28' -8 1/2" T.O. CUPOLA 34' -11" EXISTING MEETING HOUSE (SEE SEPARATE ELEVATIONS) 2ND FL T.O. WALL 19' -3" AMPHITHEARER DESIGNED BY LANDSCAPE ARCHITECT & COORDINATE W/ CIVIL DWGS CEILING 9' -0" FIRST FLOOR 0" SHEET NO.JOB NO.PROJECT:SCALE:DRAWN BY:DATE:SUBJECT:833 TURNPIKE ROAD P.O. BOX 104 NEW IPSWICH NEW HAMPSHIRE 03071 ARCHITECTURE LAND PLANNING INTERIOR DESIGN 3D VISUALIZATION THIS DESIGN AND THE DRAWINGS THEREFORE, PREPARED FOR THIS PROJECT, ARE THE PROPERTY OF THE ARCHITECT, BRUCE RONAYNE HAMILTON, ARCHITECTS INC., AND, THE DESIGN AND/OR DRAWINGS MAY NOT BE USED IN WHOLE OR IN PART FOR ANY USE OTHER THAN FOR THE ORIGINAL PROJECT FOR WHICH THE DESIGN AND/OR DRAWINGS WERE PREPARED, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE ARCHITECT, BRUCE RONAYNE HAMILTON ARCHITECTS, INC. NO BUILDING PERMIT SHALL BE ISSUED BY ANY BUILDING DEPARTMENT, UNLESS THIS DOCUMENT BEARS THE ORIGINAL SEAL AND SIGNATURE OF THE ARCHITECT, BRUCE RONAYNE HAMILTON ARCHITECTS INC.1/4" = 1'-0"180802/22/2021BBBREWSTER, MA 1/4" = 1'-0"A-4.1 2  1/4" = 1'-0"A-4.1 1 REV. NODESCRIPTION OF REV.REV.DATE Latham Centers, Inc. PROJECT IMPLEMENTATION & BUDGET CPA Funding Request: $150,000 Financial Plan - see attached Exhibit Evidence of interest from potential lenders See letter from TD Bank Attached. List of current and potential funding sources: CPA Funds from the following Towns: Dennis Barnstable Brewster Chatham Orleans Sandwich Yarmouth Other Potential Funding Sources: USDA Rural Development Loan USDA Grant Department of Community Housing Development Executive Office of Housing and Economic Development TD Bank - Bridge Loan Source and Use of Funds - see attached exhibit. Income Summary: Grant - USDA 200,000$ CPA Funds 450,000 Bridge Loan - TD Bank 2,266,582 Total Projected Income and Contributions 2,916,582 Construction Costs: General Requirements 265,870 Equip mental Rental 30,357 Concrete Foundation 46,263 Interior Slabs 20,914 Exterior Wall 58,679 Stairway 19,177 Interior Partitions 62,063 Floor System 36,693 Second Floor Walls 27,676 Roof Connector 12,810 Roof System 95,685 Siding 40,530 Aztek Trim 27,623 Cupolas 15,144 Roofing 17,455 Insulation 11,215 Exterior Doors 15,533 Interior Doors 36,211 Windows 47,490 Sheetrock 26,625 Flooring 39,952 Interior Finishes 18,438 Plumbing/Heat 65,563 HVAAC 59,738 Electrical 43,325 Construction Fee 161,590 Fire Sprinkler 36,550 Second Floor 392,015 Site Work 30,000 Transitional Aged Apartments Program SSAL Program For the Year Ending June 30, 2022 Latham Centers, Inc. Latham Centers Expansion Project Financial Plan - Income and Expenses for the Construction of the Transitional Aged Apartments Program SSAL Program For the Year Ending June 30, 2022 Owner Construction Contingency 283,937 Total Construction Costs 2,045,121 SOFT COSTS: Architectural Services Basic Architectural Fee Design 125,443 Const Admin 146,874 Inspect 3,600 Reimbursable Expenses [printing, mileage) Design 19,619 Const Admin 1,040 Inspect 1,040 Additional Service Allowances Cost Estimating (required by USDA)7,410 Permitting / Approvals 9,300 Acoustical Review 60,000 FF&E Services 3,120 Misc. (energy model, food service, landscape)7,500 Total Architectural Services and Fees 384,946 Engineering Geotechnical 1,140 Environmental 420 Design 26,700 Const Admin 2,670 Cost Estimating - Structural Existing Conditions 7,410 Permitting Costs outside of contract 9,300 Generator 3,000 IT/Camera Environmental Assessment Eversource Owners Representative 22,500 Owners Attorney 15,112 Owners Insurance 1,800 Soft Cost Contingency 159,963 Transitional Aged Apartments Program SSAL Program For the Year Ending June 30, 2022 Total Engineering Fees 634,961 Total Project Costs before Finance Costs & Other 2,680,082 FINANCE COSTS & OTHER: Financing costs 37,500 Insurance 19,500 Closing Costs 4,500 Apartment Furnishing 75,000 136,500 Total Project Expenses 2,816,582$ Net Surplus (Deficit)100,000$ Total Finance Costs & Other Cash Flows from Operating Activities: Changes in Net Assets Adjustments to Reconcile Change In Net Assets to Net Cash provided by/(used in) Operating Activities: Depreciation Losses Increase/Decrease in Net Accounts Receivable Increase/Decrease in Prepaid Expenses Increase/Decrease in Contributions Receivable Increase/Decrease in Accounts Payable Increase/Decrease in Accrued Expenses Increase/Decrease in Deferred Revenue Increase/Decrease in Subcontract Payable Contributions Restricted for Long-Term Investment Net Unrealized and Realized Gains on Long-Term Investments Other Cash Used in/Provided by Operating Activities Net Cash Provided by/(used in) Operating Activities Cash Flows from Investing Activities: Insurance Proceeds Purchase(s) of Capital Assets (Land, Bldgs. & Equip.) Proceeds from Sale(s) of Investments Purchase(s) of Investments Purchase(s) of Assets Restricted To Long-Term Investment Other Investing Activities Net Cash Provided by/(used in) Investing Activities Cash from Financing Activities: Proceeds from Contributions Restricted For: Investment in Endowment Investment in Term Endowment Investment in Plant (Land Bldgs. & Equip.) Other Financing Activities: Contributions Restricted for Long-Term Investment Interest and Dividends Restricted for Reinvestment Projected Statements of Operations and Changes in Net Assets Transitional Aged Apartment Program SSAL For the Years Ending June 30, Latham Centers, Inc. Payments on Notes Payable Payments on Long-Term Debt Other Finance Payments/Receipts Net Cash Provided by/(used in) Financing Activities Net Increase/(Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at End of Year Construction 2022 2023 2024 2025 ,2026 550,000 (1,137)2,535 6,316 10,207 0 106,103 106,103 106,103 106,103 0 (102,800)(2,570)(2,634)(2,700) 1,000 84,649 11,137 (83,065)87,784 551,000 86,815 117,205 26,720 201,394 0 0 0 0 0 (2,786,582) Projected Statements of Operations and Changes in Net Assets Transitional Aged Apartment Program SSAL Operations (2,236,582) (43,499)(41,952)(43,444)(44,989) 2,236,582 2,280,081 (550,000)0 (41,952)(43,444)(44,989) 1,000 86,815 75,253 (16,724)156,405 0 0 86,815 162,069 145,345 1,000 86,815 162,069 145,345 301,750 Community and Arts Center Transitional Aged Apartments Program Meeting House Other Costs Totals Income Summary: CPA Funds 450,000 450,000 Bridge Loan - TD Bank 8,926,691 OTHER SOURCES OF FUNDS? USDA GRANT AND MATCH 2,037,177 451,229 64,087 2,552,493 Capital Campaign Governmental Sources 400,000 Total Projected Income and Contributions 2,037,177 901,229 64,087 0 12,329,184 Construction Costs: General Requirements 749,051 265,870 37,661 1,052,582 Equip mental Rental 134,001 30,357 26,814 191,172 Demolition 174,587 0 12,525 187,112 Concrete Foundation 166,565 46,263 6,908 219,736 Interior Slabs 125,567 20,914 2,928 149,409 Exterior Wall 69,107 58,679 15,590 143,376 Stairway 0 19,177 8,561 27,738 Interior Partitions 197,671 62,063 10,528 270,262 Floor System 0 36,693 14,787 51,480 Second Floor Walls 0 27,676 4,673 32,349 Roof Connector 0 12,810 0 12,810 Roof System 9,628 95,685 11,366 116,679 Siding 234,127 40,530 43,684 318,341 Aztek Trim 141,073 27,623 16,098 184,794 Cupolas 0 15,144 8,951 24,095 Roofing 24,225 17,455 10,895 52,575 Insulation 98,731 11,215 4,057 114,003 Exterior Doors 18,962 15,533 6,074 40,569 Interior Doors 39,691 36,211 4,448 80,350 Windows 247,726 47,490 8,358 303,574 Sheetrock 60,077 26,625 14,188 100,890 Flooring 300,511 39,952 21,982 362,445 Interior Finishes 171,772 18,438 18,221 208,431 Plumbing/Heat 90 community and 10 meeting house 380,767 65,563 25,983 472,313 HVAAC 371,981 59,738 29,210 460,929 Electrical 359,332 43,325 10,886 413,543 Construction Fee 574,889 161,590 54,683 791,162 Fire Sprinkler 104,750 36,550 34,200 175,500 Second Floor 34,443 392,015 426,458 Drop Ceiling 5,892 5,892 Interior Roof System 153,705 153,705 Acoustic Ceiling 105,990 105,990 Elevator, Accessories 305,812 305,812 Site Work (Estimate)514,000 292,000 194,000 1,000,000 Hazmat 49,100 8,000 14,000 71,100 Construction Contingency 800,000 800,000 Total Construction Costs 5,923,733 2,031,184 672,259 800,000 9,427,176 Square Footages of Buildings 10,590 5,820 4,193 20,603 Campus Expansion Project (Attachment D) 51.40%28.25%20.35%100.00% SOFT COSTS: Architectural Services Basic Architectural Fee Design Prior budget was $790,000.625,115 625,115 Const Admin 92,580 92,580 Inspect 12,000 12,000 Reimbursable Expenses [printing, mileage) Design 10,398 10,398 Const Admin 3,466 3,466 Inspect 3,466 3,466 Additional Service Allowances Cost Estimating (required by USDA) (31,500 + 24,700)56,200 56,200 Permitting / Approvals 31,000 31,000 Acoustical Review 200,000 200,000 FF&E Services 10,400 10,400 Misc. (energy model, food service, landscape)25,000 25,000 Architectural Services and Fees 1,069,625 1,069,625 Engineering Geotechnical 3,800 3,800 Environmental 1,400 1,400 Design 89,000 89,000 Const Admin 8,900 8,9000 Cost Estimating - Structural Existing Conditions 24,700 24,700 Permitting Costs outside of contract 31,000 31,000 Generator 100,000 100,000 IT/Camera 0 0 Environmental Assessment 0 0 Eversource 0 0 Owners Representative 75,000 75,000 Owners Attorney 50,373 50,373 Owners Insurance 60,000 60,000 Soft Cost Contingency 533,210 533,210 Subtotal Soft Costs 2,047,008 2,047,008 Total Project Costs before Finance Costs & Other 2,847,008 11,474,184 FINANCE COSTS & OTHER: Financing costs 125,000 125,000 Insurance 65,000 65,000 Closing Costs 15,000 15,000 Fitness Room Equipment 125,000 125,000 Furniture & Equipment 425,000 425,000 Total Finance Costs & Other 755,000 755,000 Total Project Costs 5,923,733 2,031,184 672,259 3,602,008 12,229,184 Rural Development • Amherst State Office 451 West Street, Suite 2 • Amherst MA 01002 Voice (413) 253-4300 • Fax (855) 596-7673 TDD (413)253-4590 USDA is an equal opportunity provider, employer and lender. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. June 7, 2021 Latham Centers, Inc. Attn: Anne McManus, President and CEO 1646 Main Street Brewster, MA 02631 Dear Ms. McManus: We are pleased to inform you that we have approved an $800,000 Rural Housing Service (RHS) Community Facilities Disaster Grant for the Fixtures, Furnishings and Appurtenances Project. Form RD 1940-1, “Request for Obligation of Funds,” is your official notice that funds have been reserved for the Latham Centers, Inc. If you have any questions or comments, feel free to contact my Community Programs staff at (413) 253-4343. Sincerely, Jennifer A. Lerch Director, Business and Community Programs Enclosures for 2782 SEQ #: 2,9409/24/2020Key:Town of BREWSTER - Fiscal Year 2021 1:33 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofOTHER1439 MAIN STREET48-61-0 11 39510 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi 0RMFRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND 362,500 362,500 BUILDING 585,100 573,400 CIMNbhd DETACHED 32,500 32,500 St Ind PAINES-SACHEM OTHER 310,700 304,500 AVERAGEInfl TOTAL RCNLDTY MODEL 5 CIM QUAL COND ADJ PRICEDIM/NOTE UNITSYB AQUALITY AVG [100%] 1.00 STYLE 96 1.75 SCHOOLS [100%] FRAME 1 1.00 WOOD FRAME [100%] 1950YEAR BLT MEASURE RD8/15/1990 EFF.YR/AGE LIST EST8/15/1990 REVIEW EMZ8/7/2019 $NLA(RCN) NET AREA 0.875 10,248 914,295 36 36 %COND 0FUNC 0ECON DEPR 36 % GD 64 $585,100 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ DGF SHF PAV A A A 1.00 1.00 1.00 20 30 50 0.80 0.70 0.50 780 120 16,000 1 100 0 0 STORIES % HEATED % AIR COND % SPRINKLERS 1.00 1.00 1.00 1.00 103 303 S A 60,000 0.141 CIM CIM 1.00 1.00 37 37 1.00 1.00 A A 1.00 1.00 262,000 11,600 1.00 1.00 A A 1.00 1.00 C02 C02 1.00 1.00 360,880 1,640 VC LATHAM SCHOOL $89 100 492 218 02/25/2020 02/28/2019 06/08/2018 03/19/2018 02/19/2018 3ABC 3ABC ALTERATIONS ALTERATIONS 3ABC 48,000 126,097 06/25/2019 06/25/2019 TCK TCK 0 0 100 100 0 0 0 100 100 0 LATHAM CENTERS, INC NEW ENGLAND FIRE & HISTOR MORRISS EUGENE I & JOCELY 08/21/2013 03/05/1973 03/05/1973 K K QS 1 20,000 12,000 27637-122 1815-242 1507-106 1.518 Acres ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ 20 20 7 7 20 DETAIL ADJ OVERALL 1.781 1.000 EXTERIOR INTERIOR A A BN ID CONDITION ELEM CD CD ADJ DESC 1974 / 45 BMU BAS BMF N L L 5,124 5,124 5,124 35.84 102.85 39.74 183,658 527,017 203,620 BSMT UNF BASE AREA BSMT FIN A A 1950 1950 1.00 1.05 1.00 1.00 1.00 1.00 1.00 1.00 4 12 1 1 3 2 1 1 FOUNDATION EXT. COVER ROOF SHAPE ROOF COVER FLOOR COVER INT. FINISH HEATING/COOL FUEL SOURCE FLR & WALL BRICK VENEER GABLE ASPH/CMP SHNGL W/W CARPET DRYWALL FORCED AIR OIL PHOTO 04/07/2016 BUILDING 1,272,900 1,290,800 LATHAM CENTERS, INC 1646 MAIN STREET BREWSTER, MA 02631 23.89 19.04 2.00 14,900 1,600 16,000 2782 SEQ #: 2,9419/24/2020Key:Town of BREWSTER - Fiscal Year 2021 1:33 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofOTHER1439 MAIN STREET48-61-0 22 39510 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND BUILDING 207,000 Nbhd DETACHEDSt Ind OTHER Infl TOTAL RCNLDTY MODEL 5 CIM QUAL COND ADJ PRICEDIM/NOTE UNITSYB AQUALITY AVG [100%] 1.00 STYLE 96 1.75 SCHOOLS [100%] FRAME 1 1.00 WOOD FRAME [100%] 1950YEAR BLT MEASURE EFF.YR/AGE LIST REVIEW EMZ8/7/2019 $NLA(RCN) NET AREA 1.260 1,700 323,373 36 36 %COND 0FUNC 0ECON DEPR 36 % GD 64 $207,000 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ 1 100 0 0 STORIES % HEATED % AIR COND % SPRINKLERS 1.00 1.00 1.00 1.00 VC $190 100 ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ DETAIL ADJ OVERALL 1.629 1.000 EXTERIOR INTERIOR A A BN ID CONDITION ELEM CD CD ADJ DESC 1974 / 45 BMU BAS OPA PTA N L N N 1,700 1,700 304 308 47.21 135.47 34.07 8.01 80,254 230,295 10,358 2,466 BSMT UNF BASE AREA OPEN PORCH PATIO A A + 1950 1.00 1.00 1.00 1.01 0.95 1.00 1.00 1.00 4 2 1 2 2 2 1 1 FOUNDATION EXT. COVER ROOF SHAPE ROOF COVER FLOOR COVER INT. FINISH HEATING/COOL FUEL SOURCE FLR & WALL CLAPBOARD GABLE WOOD SHINGLE SOFTWOOD DRYWALL FORCED AIR OIL PHOTO 04/07/2016 BUILDING LATHAM CENTERS, INC 1646 MAIN STREET BREWSTER, MA 02631 2782 SEQ #: 2,9429/24/2020Key:Town of BREWSTER - Fiscal Year 2021 1:33 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofOTHER1439 MAIN STREET48-61-0 33 39510 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND BUILDING 103,700 Nbhd DETACHEDSt Ind OTHER Infl TOTAL RCNLDTY MODEL 5 CIM QUAL COND ADJ PRICEDIM/NOTE UNITSYB -QUALITY MINUS AVE [100%] 0.90 STYLE 96 1.75 SCHOOLS [100%] FRAME 1 1.00 WOOD FRAME [100%] 1950YEAR BLT MEASURE EFF.YR/AGE LIST REVIEW EMZ8/7/2019 $NLA(RCN) NET AREA 1.360 1,312 162,044 36 36 %COND 0FUNC 0ECON DEPR 36 % GD 64 $103,700 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ 1 0 0 0 STORIES % HEATED % AIR COND % SPRINKLERS 1.00 .92 1.00 1.00 VC LATHAM SCHOOL $124 100 ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ DETAIL ADJ OVERALL 1.529 1.000 EXTERIOR INTERIOR A A BN ID CONDITION ELEM CD CD ADJ DESC 1974 / 45 BAS BAS USF L L L 608 352 352 123.51 123.51 123.51 75,094 43,475 43,475 BASE AREA BASE AREA UP-STRY FIN A B B 1950 1950 1950 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3 1 1 1 6 5 13 8 FOUNDATION EXT. COVER ROOF SHAPE ROOF COVER FLOOR COVER INT. FINISH HEATING/COOL FUEL SOURCE FOUND. WALL WOOD SHINGLE GABLE ASPH/CMP SHNGL OTHER OTHER NONE NONE PHOTO 04/07/2016 BUILDING LATHAM CENTERS, INC 1646 MAIN STREET BREWSTER, MA 02631 APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING Date Application Submitted: July 1, 2021 Name of Project Applicant: Crosby Property Committee + Town of Brewster Name of Contact Person: Brian Locke Contact Person’’s Mailing Address: P.O. Box 1888, Brewster, MA 02631 Contact Person’s Daytime Phone Number: 508-896-1744 Contact Person’s email Address: crosby1888@aol.com Proposed Project Name: Crosby Mansion Restoration & Preservation Project Project Address (or assessor’s parcel ID): 163 Crosby Lane, Brewster, MA Project Synopsis: Nickerson State Park, established in 1934, was the ﬁrst state park created in Massachusetts and was made possible by a gift of 1,727 acres to the state by Addie Nickerson of Brewster. Mrs. Nickerson donated the land south of Rt.6a to be used as a “state forest park,” and it was named after her late husband and late son, Roland C. Nickerson. In 1983 the state began an expansion of the park north of 6a which eventually included the purchase of the historic Crosby Mansion. In 1994 the Massachusetts legislature authorized the lease of historic properties, and in 2003 the Town of Brewster, in partnership with the Friends of Crosby Mansion, obtained a long-term lease for the mansion and grounds.* This lease stipulates that the “Lessee”, (the Town of Brewster, acting by and through its Board of Selectmen and Friends of Crosby Mansion Committee) is responsible for the rehabilitation and ongoing maintenance of the property. To fulﬁll our obligations in this regard, we submit this application for CPA funds. 1 1. Project Description: This is a Historic Preservation Proposal for $73,400.00 from Brewster’s Community Preservation funds to support the ongoing work needed to preserve, rehabilitate, and restore Tawasentha, the Crosby Mansion. The goal of this project is to continue ongoing restoration needed to preserve this unique building and protect this irreplaceable part of Brewster’s history for future generations. Work on the mansion by skilled Cape Cod craftspeople and many community volunteers have rehabilitated the mansion over the last 29 years, but at this time there are some critical repairs needed, which require funding. Of particular concern are windows, sections of roof and chimneys that have allowed water to intrude, damaging walls and some ceilings. Property Manager Brian Locke has identiﬁed the following as priority repairs: Repair (FIVE) Chimneys to solve water intrusion Rebuild (ONE) Chimney in Billiards Room Repair damaged sections of dormer ﬂat-roof area Repair Billiards Room roof section Repair section of Front Porch Ceiling by Entrance Door New Window (Custom Order) Billiards Room New Window (Custom Order) third ﬂoor, Back Room New Window (Custom Order) Kitchen Repair Basement Staircase Four Custom Windows for Basement Re-plaster damaged ceilings throughout Mansion Replace water damaged carpet for Function Room Exterior repainting, sections of Mansion 2 Re-putty several second- and third-ﬂoor windows Replace water damaged Function Room ceiling tiles This project will restore damaged sections of the building, provide protection from further decay and address several safety concerns. 2. Historical Signiﬁcance: This project application is eligible for funding in the category of preservation, rehabilitation and/or restoration of Historic Preservation Properties. The signiﬁcance of the Crosby Mansion to Brewster’s history and architecture is evident by its designation as a priority landscape by the Massachusetts DCR Heritage Landscape Program. It is also listed by the The Massachusetts Historical Commission (as seen on next page), which lists both the Nathan Crosby Homestead and the Crosby Mansion as being on the state Register. 3 4 When native son Albert Crosby left the midwest and returned to Brewster in the 1880’s, he came back as a wealthy man. Crosby had operated an alcohol distillery in Chicago and during the Civil War he was able to sell untaxed medicinal alcohol to druggists and the Union Army. Although he suffered signiﬁcant losses in the great Chicago Fire of 1871, he returned to his hometown with substantial funds, newly remarried and with exciting plans for a summer home that would include many features that he and Matilda had admired during their year long “grand tour” of Europe. The Crosbys were one of the founding families of Brewster, and Albert Crosby had grown up in a modest Cape house on farmland owned by his father, Nathan Crosby. This original homestead on Crosby Lane was incorporated into the design of the mansion so that the new construction literally wrapped around the older home. Built by John Hinckley and Sons, Tawasentha was a three-story mansion of thirty-ﬁve rooms overlooking Cape Cod Bay. Completed in 1888, the home was built in the style of Chicago’s Gold Coast mansions and was, at the time, considered the most lavish house on Cape Cod. With 15 ﬁreplaces featuring imported tile, a two- story billiard room, hand-carved oak and mahogany walls and an entrance duplicating one at Buckingham Palace, the home was built with opulent entertaining in mind. The quality of craftsmanship was exceptional, as was the size of the project. Building supplies were brought in by train on a side track from the Old Colony Railroad. The railroad also brought guests to the Brewster estate, including such well known ﬁgures of the day as Helen Keller, the Duke of Wales and Mark Twain. Albert died in 1906, and after Matilda’s death in1928 the Mansion passed to her nieces and was eventually sold. During its history it has been a music school, a restaurant, and a girls’ summer camp. For some years the Mansion lay vacant. It fell into disrepair and suffered damage from vandals as well. Almost 30 years ago a group of local residents banded together to try to save this beautiful and unique building. The architecture of the Crosby Mansion has been variously described as Romanesque, Queen Anne, Colonial Revival, Victorian and, by the Massachusetts Historical Commission (survey of Historical Signiﬁcance 1979-1987), as “an eclectic combination of Renaissance/Palladian elements”. With the original 19th century Crosby homestead intact, visible, and at the heart of the Mansion, a family story unfolds and with it a story of our town. Nathan Crosby came to ﬁsh and farm, while his grandson Albert took his ambition to the midwest and, like Samuel Mayo Nickerson, was part of the dynamic 5 industrialization of America during the late 19th century. Related by blood and marriage, the two families inﬂuenced the culture and identity of East Brewster. The donation of land to the Commonwealth of Massachusetts in the 1930’s by Addie Nickerson and the creation of Nickerson State Park led to Brewster becoming known as a resort destination. Cottage colonies were built, summer camps were opened and Sea Captains’ homes became inns to welcome visitors. Brewster’s unique character has enhanced the quality of life for its residents for generations as well as for its many seasonal visitors. The continued preservation of Crosby Mansion and the town’s other historic buildings and vistas require both our support and our protection. 3. CPA Goals/Criteria: Preservation of Brewster’s unique character. Located in Brewster’s Historic District, the Crosby Mansion offers a singular window on Brewster’s past. The Nathan Crosby Homestead represents both the maritime and agricultural pursuits of Brewster residents in the early 1800’s while the mansion Albert Crosby built is a cultural museum of the town’s economic and cultural evolution in the latter years of the 19th century. The grounds also retain several remnants of the Mansion’s use as a summer camp, part of a large network of Brewster summer camps that no longer exists. This project will help ensure future generations will be able to experience these glimpses of Brewster’s past. Boost the vitality of the Town. Cape Cod depends heavily on the tourist dollars generated by our many visitors. Shops, restaurants, inns, landscapers and many other businesses beneﬁt when tourists choose Brewster to visit. The Friends of Crosby Mansion are dedicated to not only preserving and restoring the Mansion but also to making the Mansion more available to the public. The summer of 2021 will see weekly Sunday Open Houses during the season as well as the promotion of private tours and functions. There are also efforts to forge connections with other Brewster landmarks to highlight the historic sites our town has to offer. Cobb House and the Brewster Historical Society, Cape Rep, Stony Brook Mill and the Drummer Boy Park are additional historic sites that can attract tourists to visit, stay and explore what Brewster has to offer. 6 Enhance the quality of life for Brewster residents. This application is for the preservation and the restoration of a historic resource that is one of a kind. Brewster residents can be proud that the The Friends of Crosby Mansion and the Town of Brewster have taken on the stewardship of this beautiful property. Here they can imagine life in the past, they can admire the wonderful craftsmanship of the home and they can be proud that this unique space is being preserved for future generations. It is a special place to share with visitors and a lovely setting for weddings, reunions and special occasions. The grounds are open to walkers year-round, thus preserving the land for recreational use. Practicality and feasibility, with the ability to implement within budget. In 2009, the town granted the Friends of Crosby Mansion $125,000.00 in CPA funds to replace one of the ornate porch columns and to reconstruct the porch’s curved arches, which are unique to the character of the Mansion. Work was completed under budget and within the designated timeline. 4. Community Beneﬁts of Project: The funding of this project will help preserve an historic Brewster home as a valuable cultural resource and as a location for community events. The Crosby Mansion is listed on the Cape Cod Museum Trail website and has been featured in the Boston Globe as a “Cape Cod attraction, not to be missed.” The Mansion has been recently listed in the Calendar of Events for “The Best of Brewster 2021-22” publication, just published by the Brewster Chamber of Commerce. In the past the Mansion has hosted fundraisers for such community organizations as the Bayside Skippers, Lower Cape Outreach and the Nauset Garden Club. Local families have hosted weddings, reunions and showers at the facility. Previous seasons have drawn approximately 5,000 visitors a year to Crosby Mansion. The Friends continue to use local craftspeople and merchants for construction work and materials, further bolstering our economy. It is hoped that with renewed interest in the Mansion locally, it can be a destination for ﬁeld trips by local school groups and can host musical performances, art exhibits and other community gatherings. 7 5. Community Support: The initial efforts to restore the mansion began in 1992 with the formation of the non-proﬁt group, Friends of Crosby Mansion. Today, the Friends’ dedicated volunteers continue the work of restoration and preservation. In 2009 the town of Brewster showed its support of the Mansion by approving an application submitted by the Friends for a capital expenditure to repair a column and porch arches. Further evidence of continuing local support for the Mansion’s preservation is indicated by letters from the following: Seascape East, Brewster Historical Society, the Brewster Selectboard, Cape Cod Repertory Theatre Company, and the Brewster Historical Commission. 6. Timeline: Since the Mansion operates on a seasonal schedule, our goal is to have work begin in late winter, 2022, when the Mansion is closed to visitors. The project’s timeline is for restoration work to be completed by spring of 2023 for a June 1st opening. 7. Credentials: Brian Locke is in his ninth year as Property Manager of the Crosby Mansion and grounds. He is the Project Manager for work done on the property and worked for a number of years in the hospitality ﬁeld. Joseph Rego is the Chair of the Crosby Property Committee and is a Master Electrician and a Massachusetts Licensed Builder. Plans for the Crosby Mansion Restoration and Preservation Project will be submitted to DCR Historic Curatorship Program Manager Kevin Allen, per the lease agreement of 2003. All work on the project must be reviewed by DCR 8 Preservation Planner Jeffrey Harris and by the MHC to conﬁrm that the Secretary of Interior and Commonwealth of Massachusetts policies and practices for protection of historic properties are met. Once the project approval is granted and a licensed and insured contractor is hired, Massachusetts Building Inspector Marc LaPointe will review the work to ensure that the project is in compliance with the standards for historic preservation. 8. Budget/Need for Public Funds: Funding for the Crosby Mansion and grounds has come from a variety of sources since the Town and Friends leased the property from the state in 2003. Chief among these has been the income earned by the seasonal rental of two beach cottages. 2020 rentals were moderately impacted by Covid-19 but all other sources of income were lost due to the closure of the Mansion because of the pandemic. Traditionally the Mansion has earned needed revenue by renting out the property for weddings, family and company functions, tours and open houses as well as events by outside parties that shared proceeds, such as the Nauset Garden Club and other local organizations. This application for CPA funds is based on the restoration work needed, as previously listed, with estimated costs. PROECT EXPENSE ESTIMATES Repair (FIVE) Chimneys to solve water intrusion $10,000.00 Rebuild (ONE) Chimney in Billiards Room $5,000.00 Repair damaged sections of dormer ﬂat-roof area $2,500.00 Repair Billiards Room roof section $2,000.00 Repair section of Front Porch Ceiling by Entrance Door $2,000.00 New Window (Custom Order) Billiards Room $2,000.00 New Window (Custom Order) third ﬂoor, Back Room $1,200.00 New Window (Custom Order) Kitchen $1,200.00 Repair Basement Staircase $1,000.00 9 Below is the ﬁnancial report for the most recent ﬁscal year, prepared by Property Manager Brian Locke. GENERAL FINANCIAL REPORT Four Custom Windows for Basement $8,000.00 Re-plaster damaged ceilings throughout Mansion $10,000.00 Replace water damaged carpet for Function Room $5,000.00 Exterior repainting, sections of Mansion $20,000.00 Re-putty several second- and third-ﬂoor windows $2,500.00 Replace water-damaged Function Room ceiling tiles $1,000.00 Total:$73,400.00 Budget Crosby Chap 44 53 E 1/2 for FY 2020 FY 2020 (July 1, 2019 - June 30, 2020 ) Operating Expenses:Spent: Wages - Part Time employee 39,719.00 Health Insurance (75% portion cost of Town) ($701.25 x12)8,415.00 Life Insurance ( $3.22 x 12)39.00 Longevity 300.00 Crosby Mansion Alarm Service: Quarterly Charge for Monitoring Fire systems 258.00 Crosby Properties Electric (Eversource): for Mansion & Two Cottages 2,082.00 Crosby Properties Communications(Comcast): for Mansion & Two Cottages 4,460.00 Rubbish Removal (Mansion & Cottages) & Dumpster Rental for Third Cottage 1,813.00 Cleaning Service for Cottages (222 & 235)3,975.00 Insurance coverage for Liability on ALL Properties (Mansion & Cottages)425.00 Fowler Pest Control (Yearly Service to both Cottages ( # 222 & #235)300.00 Peter Deegan Plumbing: (Yearly turning on and off water sevice to ALL Properties)870.00 We Need a Vacation.com (Yearly Renewal for #235 Ranch listing on web site)359.00 Friends of Crosby Mansion Post Office Box #1888 (Yearly Renewal )118.00 Total:63,133.00 General Expenses:Spent: Attaboy Septic: Mansion Pump Chamber Serviced $1,554.00 E.W Drew Electric Construction: Replace Two Septic chamber pumps at Mansion $4,787.00 Brewster Hardware Store ( Misc. Mansion & Cottage materials)$946.00 Joe Rego Electric: Install Three new exterior lights on #222 Bungalow $129.00 Stanley Steemer: # 222 Bungalow Carpets Cleaned,Sanitized and Disinfected $372.00 Outside Cleaners: # 235 Ranch Deck Pressure Washed $300.00 Bayside Equipment: Spring Service & Tune Up for Crosby Mansion Ride on Mower $301.00 Speedway Oil: Oil Tank Filled at #235 Ranch Cottage $519.00 Two new folding deck chairs for # 235 Ranch Cottage $64.00 Two new Regular High Back deck chairs for # 222 Bungalow Cottage $85.00 10 9. Maintenance: Funds for ongoing maintenance come from the operating budget as shown in section 8. *See attached lease. New Glass Display Case for Crosby Mansion $303.00 Total:$9,360.00 TOTAL EXPENDITURES for FISCAL YEAR 2020:$72,493.00 REVENUE for Fiscal 2020: Open House Donation and Individual Donations $2,509.00 Mansion Rental Fees ( Events and Wedding Functions)$16,078.00 Seasonal Rental of both Cottages ( # 222 Waterfront and # 235 Ranch )$60,250.00 TOTAL REVENUE for FISCAL YEAR 2020:$78,837 ENDING FISCAL 2020 Balances: Balance in 53 E 1/2 $39,149.28 Balance in Gift Acct $1,684.01 11 LEASE AGREEMENT BY AND BETWEEN THE TOWN OF BREWSTER AND THE COMMONWEALTH OF. MASSACHUSETTS FOR THE CROSBY MANSION PROPERTIES TABLE OF CONTENTS ARTICLE I - FUNDAMENTAL LEASE PROVISIONS 1.1 Reference Subjects 1.2 Exhibits 1.3 Definitions ARTICLE II - PREMISES AND TERM 2.1 Premises 2.2 Initial Lease Tenn 2.3 Option to Extend 2.4 Reversion of Improvements and Rental Monies ARTICLE III - CONDITION OF PREMISES 3.1 Acceptance of Premises by Lessee ARTICLE IV - CONSIDERATION 4.1 Consideration 4.2 Improvements Made by Lessee in Lieu of Rent ARTICLE V - REQUIRED IMPROVEMENTS 5.1 Lessor's Required Improvements and Services 5.2 Lessee's Required Improvements and Services ARTICLE VI - DESIGN AND CONSTRUCTION OF REQUIRED IMPROVEMENTS 6.1 Guidelines for Rehabilitation of the Property 6.2 Approval to Commence Construction 6.3 Permits 6.4 Changes in Plans 6.5 Contracts for Construction of Required Improvements 6.6 General Provisions Governing Construction of Required Improvements 6.7 Payment for Required Improvements 6.8 Nonconforming Improvements 6.9 Time for Commencement and Completion of Required Improvements 6.10 When Improvements Completed 6.11 As Built Drawings 6.12 Annual Report of Construction Activity ARTICLE VII - ALTERATIONS AND OPTIONAL IMPROVEMENTS 7.1 Conditions for Making Alterations and Optional Improvements ARTICLE VIII - OWNERSHIP OF IMPROVEMENTS 8.1 Title to Premises Shall Remain in Lessor ARTICLE IX - PERMITTED USES AND ACTIVITIES 9.1 Permitted Uses of the Mansion 9.2 Permitted Uses of the Cottages ARTICLE X - ANNUAL MEETING TO REPORT FINANCES, CONSTRUCTION AND PERMITTED USES AND ACTIVITIES ARTICLE XI - UTILITIES 11.1 Utilities 11.2 Disposal of Refuse ARTICLE XII - TAXES ARTICLE XIII - INSURANCE 13.1 Fire and Casualty 13.2 Personal Property 13.3 General Liability 13.4 Additional Insurance 13.5 Other Matters 13.6 Waiver of Subrogation 13.7 Application of Insurance Proceeds 13.8 Lessor's Self Insurance 13.9 Personal Property at Lessee's Risk ARTICLE XIV - INDEMNIFICATION 14.1 Assumption of Risk 14.2 Indemnification of Lessor by Lessee 14.3 Legal Proceedings ARTICLE XV - MAINTENANCE, REPAIRS AND SAFE OPERATION 15.1 Buildings 15.2 Grounds 15.3 Compliance with Laws 15.4 Sanitation 15.5 Safe Operation of Facilities 15.6 Activities of DCR ARTICLE XVI - HAZARDOUS MATERIALS 16.1 Hazardous Materials and Activities 16.2 Indemnification for Hazardous Materials and Activities ARTICLE XVII - ACCESS AND INSPECTION 17.1 Lessor's Right to Inspect Premises 17.2 Use of Premises by DCR 17.3 Public Access ARTICLE XVIII - ACCOUNTING AND REPORTING 18.1 Accounting Requirements 18.2 Books of Account and Financial Reporting 18.3 Access to Records ARTICLE XIX - ASSIGNMENT AND SUBLETTING 19.1 Limitations Prior to Completion of Required Improvements 19.2 Lessee's Rights After Completion of Required Improvements ARTICLE XX - CASUALTY AND TAKING 20.1 Casualty Loss 20.2 Taking by Eminent Domain ARTICLE XXI - LESSEE'S FAILURE TO PERFORM REQUIRED IMPROVEMENTS 21.1 Lessee's Failure to Perform ARTICLE XXII - DEFAULTS AND REMEDIES 22.1 Events of Default by Lessee 22.2 Remedies of Lessor 22.3 Termination Damages 22.4 Re -letting of Premises 22.5 Remedies Cumulative 22.6 Lessor's Default ARTICLE XXIII - MISCELLANEOUS 23.1 Quiet Enjoyment 23.2 Surrender of Premises 23.3 Holding Over 23.4 Status Report 23.5 Waiver 23.6 No Brokerage 23.7 Notices: Time of Essence 23.8 Status of Parties 23.9 Governing Law 23.10 Entire Agreement 23.11 Paragraph Headings 23.12 Partial Invalidity 23.13 Force Majeure 23.14 Recording 23.15 No Agreement Until Signed 23.16 Accord and Satisfaction 23.17 Successors and Assigns 23.18 Lessor's and Lessee's Liability 23.19 Nondiscrimination 23.20 Counterparts 23.21 Dispute Resolution ARTICLE I - FUNDAMENTAL LEASE PROVISIONS 1.1 REFERENCE SUBJECTS Each reference in this Lease to any of the following subjects shall incorporate the following information: DATE OF LEASE EXECUTION: As of OzA-01)‘-r-9, 2003 PREMISES: The parcels of land located within Nickerson State Park on Weathervane Way and Crosby Lane in the Town of Brewster, Massachusetts and shown on Brewster Assessor's Map 9, Lots 14, 51 and 52, and further identified and described in Certificate of Title Numbers 110678, 111036 and 110706, together with all buildings and improvements situated thereon, including the Albert Crosby Mansion, the Crosby Cottage, the Garage, and the 1832 House (hereinafter collectively referred to as "the Mansion") and two (2) cottages known as the Graham and Sully Cottages (hereinafter collectively referred to as "the Cottages"), all as more fully depicted as the following lots on the following Land Court Plans: i) Lot 1 on L.C. Plan 17160B; ii) Lot 23 on L.C. Plan 17399M; and Lot 25 on L.C. Plan 17399M; copies of which Land Court Plans are attached hereto as Exhibit "A." LESSOR: The Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (DCR), Division of State Parks and Recreation, pursuant to the Authority granted to DCR, formerly known as the Department of Environmental Management by Section 224 of Chapter 127 of the Acts of 1999 ("the Acts") which are attached hereto as Exhibit "B" and Chapter 21, Section 1 of the Massachusetts General Laws. Whenever written notice or approval is required hereunder from the Lessor, such written notice or approval shall be provided by the Commissioner of the Department of Conservation and Recreation, or such other person as Lessor may designate in writing. ADDRESS OF LESSOR: Department of Conservation and Recreation 251 Causeway Street; Suite 600 - 700 Boston, Massachusetts 02114 LESSEE: Town of Brewster, acting by and through its Board of Selectmen and its Friends of Crosby Mansion Committee, pursuant to authority granted to it by Vote of the Town of Brewster taken at the Fall Yearly Town Meeting held on November 16, 1998, on Article 21 on the Warrant for said Meeting, a certified copy of which Vote is attached hereto as Exhibit "C." A copy of the Vote of the Board of Selectmen creating the Friends of Crosby Mansion and including the Charge of the Board of Selectmen to the Friends of Crosby Mansion is attached hereto as Exhibit Whenever written notice or approval is required hereunder from the Lessee, such written notice or approval shall be provided by the Chairperson of the Friends of Crosby Mansion Committee, or such other person as Lessee may designate in writing. Page 1 of 35 ADDRESS OF LESSEE: Town of Brewster do Friends of Crosby Mansion Committee 2198 Main Street Brewster MA 02631 INITIAL LEASE TERM: From Date of Lease Execution until midnight of )es. a total of twenty-five (25) years, subject to an extension for another ten (10) years. EXTENSION OPTION: Lessee has the option to extend the Lease for a term of Ten (10) years pursuant to Section 2.3. PERMITTED USES: Usage of the property shall include the use, renovation, and rehabilitation of the structures and grounds for public access and educational purposes; and to carry out the activities more particularly described in Exhibit "E," List of Permitted Uses and Activities, and any other mutually agreed upon uses. All other uses are prohibited. PUBLIC LIABILITY INSURANCE: The Lessee shall keep in force, at its sole cost and expense, during the full term of this Lease, a comprehensive public liability insurance policy insuring the Lessee against all claims and demands for personal injury or damage to property which may be claimed to have occurred upon or about the premises. Said insurance policy shall be written on an occurrence basis to afford protection in the amount of One Million Dollars ($1,000,000), combined single limit for personal and bodily injury and death and for property damage. Said insurance policy shall name the Commonwealth of Massachusetts as an additional insured and shall not be canceled, reduced or otherwise materially altered without at least twenty- one (21) days prior written notice to the Depai t lent. 1.2 EXHIBITS The Exhibits listed below are attached hereto and incorporated into this Lease: Exhibit A - Exhibit B Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Land Court Plans Section 224 of Chapter 127 of the Acts of 1999 Vote on Article 21 at the Fall Yearly Town Meeting held November 16, 1998 Vote and Charge of Selectmen Creating Friends of Crosby Mansion Committee List of Permitted Uses and Activities List of Required Improvements/Maintenance Activities and Construction Schedule Recommended Standards for the Rehabilitation of the Property Lessee's Beneficial Interest Disclosure Statement 1.3 DEFINITIONS "Approval/approved" shall mean a written communication from the Commissioner of the Department of Conservation and Recreation, or his or her designee, signifying acceptance or satisfaction. It is understood that within a reasonable amount of time not to exceed twenty-one Page 2 of 35 (21) days after receipt of a submittal, inspection or a request for authorization, DCR will either approve or disapprove or will return response with comments. "Contractor" shall mean any party under agreement to the Lessee to perform work covered under this lease. "Historic Fabric" shall mean the material remains of a historic building, structure or landscape; either original material or material incorporated in a subsequent historically significant period as opposed to material utilized to maintain or restore the structure during a non -historical period. "Improvements" shall mean any rehabilitation work performed on the property approved in advance by the DCR and identified in Exhibit "F." "Maintenance" shall mean the act or process of providing for the continuous preservation of the property in a rehabilitated state as identified in Exhibit "F." Maintenance shall include (1) Routine and cyclic work scheduled to mitigate wear and deterioration of the property; (2) Repair or replacement of broken or deteriorated items, elements or surfaces so as to keep the existing appearance of the structure(s) and site; and (3) Emergency stabilization work to protect damaged historic fabric from further damage. "Management Services" shall mean work or services that provides benefit to the Commonwealth not included under "Required Improvements" or "Maintenance" which is over and above the passive occupation of the property by the Lessee. Management Services shall include (1) specific public benefit such as programming or performing services to the Commonwealth for activities not directly related to the preservation of the leased property; (2) Activities which the DCR may require of a Lessee which would not be required under a standard lease agreement. The Charge from the Board of Selectmen to the Friends of Crosby Mansion Committee, attached to this Lease as Exhibit "G," identifies some but not all, of the Management Services of the Lessee. "Rehabilitation" shall mean the act or process of returning the property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of a property that are significant to its historical, architectural or cultural values. The document containing the DCR's Recommended Standards for Rehabilitation of the Property is attached hereto as Exhibit "H." Page 3 of 35 ARTICLE II - PREMISES AND TERM 2.1 PREMISES Lessor leases the Premises to Lessee and Lessee leases the Premises from Lessor for the Term, subject to matters of record existing as of the Date of Lease Execution and matters referred to herein, all of which Lessee shall conform to. Subject to reasonable non-discriminatory rules established from time to time by Lessor of which Lessee has been given written notice and which do not unreasonably detract in a material manner from Lessees rights under this Lease (and in the event of any conflict between such rules and this Lease, this Lease shall prevail), Lessee shall also have appurtenant rights to use the roads, utilities, easements, and other public amenities, now or hereafter serving and/or located on the Premises in common with others to whom Lessor has granted or hereafter may grant rights therein. Lessor reserves the right from time to time to grant and relocate easements for utilities, roads, common facilities, and public amenities and to alter driveways, walkways, utilities, common facilities, and public amenities serving the Premises and/or adjoining premises, all of which may be done by Lessor so long as the same are at Lessor's sole expense and do not materially and adversely affect Lessees ability to use of the Premises as defined in Exhibit "E." Notwithstanding this grant of lease, Lessor reserves on behalf of itself and the general public, and Lessee agrees that Lessor and the general public shall continue to have the right to cross the Premises to access other parts of Nickerson State Park or properties adjacent to the Premises owned by Lessor, provided, however, that in the case of the general public such access shall be limited to pedestrians whose right to cross the Premises shall be limited to a right (or rights) of way the location of which has been mutually determined by Lessor and Lessee, and that in the case of Lessor all reasonable efforts shall be made to limit vehicular traffic. Subject to the approval of DCR, which shall not be unreasonably withheld, conditioned or delayed, Lessee may post signs and erect barriers to secure its buildings and facilities and to limit public access thereto. 2.2 INITIAL LEASE TERM The Initial Term of this Lease shall be twenty-five (25) years, commencing on the Date of Lease Execution and ending at midnight on 101. ("Original Expiration Date"), unless teiuiinated sooner as hereinafter provided. 2.3 OPTION TO EXTEND Lessee shall have the right to extend the Initial Lease Term for a single additional term of ten (10) years (the "Extension Term") by unconditional written notice to Lessor given no less than six (6) months or more than eighteen (18) months before the Original Expiration Date, time being of the essence to such exercise; provided that Lessor may declare Lessees extension rights null and void if at the time of any notice by Lessee exercising its extension rights, or at any time subsequent to said notice but prior to the beginning of the Extension Term, Lessee is in default as Page 4 of 35 set forth in Section 20.1 hereof. Any extension of the Initial Lease Term shall be applicable to the entire Premises, and all provisions of this Lease shall apply during the Extension Term. Whenever a provision of this Lease contains a reference to the "term of this Lease" or similar language, it shall be construed to mean and include the Initial Lease Term and the Extension Term, unless otherwise expressly stated. 2.4 REVERSION OF IMPROVEMENTS AND RENTAL MONIES Upon the expiration of this Lease, whether at the Original Expiration Date, at the conclusion of the Extension Term or as sooner terminated by law or as provided herein, all buildings and other improvements of any kind located upon the Premises shall revert to the Lessor.' In addition, any monies collected by the Lessee from the subletting of the Cottages remaining at the end of the Term of this Lease and not needed to be applied to pay any outstanding invoices for any repairs, maintenance, rehabilitation, renovation or improvement work by the Lessee on the Premises, shall revert to the Lessor. ARTICLE III - CONDITION OF PREMISES 3.2 ACCEPTANCE OF PREMISES BY LESSEE Lessor shall have no obligation with respect to the condition of the Premises except as expressly set forth in this Lease. Lessee shall accept the Premises in an "as is" condition and shall have the responsibility for, and bear the cost of, doing all things necessary to make the Premises safe and suitable for their intended use under this Lease. Except as otherwise expressly set forth herein, Lessee has leased the Premises after a full and complete examination of the Premises and appurtenant areas, as well as title thereto, and accepts the same in their present condition. Lessee further acknowledges that neither Lessor nor any officer, agent, employee or other person acting under Lessor, disclosed or undisclosed, has made or implied any representations or warranties other than those expressly set forth in this Lease concerning the Premises, their condition, title thereto, future plans of Lessor with respect to the Premises or appurtenant areas, or this Lease. ARTICLE IV - CONSIDERATION 4.1 CONSIDERATION The parties hereto covenant and agree that in consideration of the maintenance, repairs, management services and improvements satisfactorily performed by the Lessee throughout the Term of this Lease, the Lessee shall be under no obligation to pay rent for the use of the Premises. Page 5 of 35 4.2 IMPROVEMENTS MADE BY LESSEE IN LIEU OF RENT The parties further agree that this improvements in lieu of rent provision shall only apply provided the following conditions are met: a. All materials, permits and licenses required for making the repairs and improvements have been obtained at the Lessee's sole expense. All necessary permits, licenses and approvals are made available for inspection by Lessor prior to the commencement of any action requiring such permit, license or approval. b. By entering into this Agreement with the Lessee, the Lessor hereby gives its prior approval for the Lessee to undertake to the list of Required Improvements and Maintenance to be perfouned at Lessee's expense set forth in Exhibit F of this Agreement. c. Improvements have been made in a good workmanlike manner and in accordance with the guidelines set forth in the document entitled Recommended Standards for the Rehabilitation of the Property attached hereto as Exhibit G, and in accordance with all applicable governmental laws, rules, regulations and local ordinances. d. All contracts entered into for improvements, rehabilitation and maintenance services relative to the Premises have been made in the Lessee's name. e. It is understood Lessee shall never be entitled to receive a cash reimbursement from Lessor. f Lessee fully understands and agrees that the Lessor shall not be responsible for any thefts, vandalism or loss by casualty. ARTICLE V - REQUIRED IMPROVEMENTS 5.1 LESSOR'S REQUIRED IMPROVEMENTS AND SERVICES Lessor shall not be required to provide any work on, improvements to, or services or other improvements in connection with the Premises. 5.2 LESSEE'S REQUIRED IMPROVEMENTS AND SERVICES In consideration of the terms and conditions of this Lease, the Lessee shall repair, restore and rehabilitate the structures on the Premises, shall make other improvements upon the Premises, and shall provide management services to the Commonwealth, all as more particularly described in Exhibits F and G attached hereto, and any amendments thereto (said improvements are hereafter referred to collectively as "The Required Improvements" and said services are hereafter referred to collectively as "The Management Services"). Page 6 of 35 All Required Improvements to the Premises shall become the property of the Lessor and the Lessee shall not remove the Required Improvements when the Premises are vacated, by the Lessee. ARTICLE VI - DESIGN AND CONSTRUCTION OF REQUIRED IMPROVEMENTS 6.1 GUIDELINES FOR REHABILITATION OF THE PROPERTY All Required Improvements to the Premises and any future changes thereto shall be in conformity with this Lease, all applicable Federal, state and local laws, ordinances, regulations and codes, including, without limitation, the Americans With Disabilities Act of 1990, 42 U.S.C. 12101 et.seq., and Lessee's insurance policies. In addition, Lessee shall obtain the prior written approval of the Massachusetts Historical Commission and the local Historic District Committees for the design of all Required Improvements, to the extent such approval is required by applicable laws. 6.2 APPROVAL TO COMMENCE CONSTRUCTION Lessee shall not commence construction of any Required Improvement not already identified in the list contained in Exhibit F which alters the exterior appearance of any structure or for which a building permit is required until Lessor has approved the scope of work, plans and specifications for the proposed work in accordance with the terms of this Section 6.2 unless so waived by Lessor in writing. Said approval shall not be unreasonably withheld by the Lessor and said approval shall be deemed to have been given if the Lessor fails to respond to Lessee's request for approval within twenty-one (21) business days of receipt of Lessee's request for approval. Prior to commencing construction of a Required Improvement requiring Lessor design approval, Lessee shall submit to Lessor complete plans and specifications for the proposed work. In the case of work altering the exterior appearance of a structure, -"plans and specifications" shall mean design documentation which describes in reasonable detail the nature of the work and the materials to be used, and which shows how the exterior appearance of the building will be altered. In the case of work for which a building permit is required, "plans and specifications" shall mean all documentation submitted to public authorities to obtain such permit. Lessor shall review the plans and specifications for conformity with the terms of this Lease, and shall, within twenty-one (21) business days after receipt thereof, either approve the submissions or notify the Lessee in writing of disapproval, specifying the respects in which the submissions do not conform to the terms of this Lease. Provided Lessee complies with the notice provisions of Sections 1.1 and 23.7 of this Lease, if Lessor fails to notify Lessee of disapproval within said time period, the submissions shall be deemed approved. In the event of disapproval, the Lessee shall, resubmit the plans and specifications altered so as to conform to the terms of this Lease in those respects specified by Lessor as the grounds for disapproval. The re -submission shall be subject to review and approval of Lessor in accordance with the procedure herein provided for an original submission, until the plans and specifications have been approved by Lessor. Page 7 of 35 6.3 PERMITS It shall be the Lessee's responsibility to obtain and pay for any and all permits, inspections, and local approvals necessary to construct the Required Improvements, and any other alterations or improvements permitted by this Lease. If requested by Lessee, Lessor shall supply Lessee with documents authorizing Lessee to apply for such permits, inspections and local approvals. 6.4 CHANGES IN PLANS If Lessee desires to make any material change in the plans and specifications after approval by Lessor, Lessee shall submit the proposed change to Lessor for its approval, and Lessor shall either give its approval or notify Lessee of disapproval in accordance with the procedure provided in Section 6.2 for any original submission. Lessor shall not withhold its approval of any proposed change that is necessitated by unanticipated or changed site conditions or by building permits or the like, provided said change is consistent with the Recommended Standards set forth in Exhibit G and other provisions of this Lease, and does not alter the essential rights and obligations of the parties hereto. 6.5 CONTRACTS FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS As used in this Article, the term "contractor" shall mean any person or entity who provides labor and/or materials for the construction, repair, restoration or rehabilitation of any portion of the Premises, whether or not paid by Lessee, but excluding third -party materials suppliers. The Lessee shall select one or more qualified contractors to construct the Required Improvements. Lessee agrees that it shall not select any contractor who is then debarred from public contracting pursuant to G.L. c.29, s.29F. If the contract price or estimated value of the labor and materials to be furnished exceeds $25,000, said selection(s) shall be subject to Lessor approval, which approval shall not be unreasonably withheld, conditioned or delayed. Provided Lessee has complied with the notice provisions of Section 23.7 of this Lease, the Lessees selection(s) shall be deemed approved by Lessor unless Lessor shall, in writing, reject said selection(s), setting forth in detail the reasons therefore, within twenty-one (21) business days after submission thereof to Lessor. Lessee shall enter into written contracts for all construction services to be provided by contractors subject to Lessor approval. Said contracts and any other construction contracts entered into by Lessee shall obligate Lessee to pay all fees and costs related to the construction of the Required Improvements, except for donations of labor or materials, if any. Upon request of Lessor, a complete copy of each such contract shall be furnished to Lessor. 6.6 GENERAL PROVISIONS GOVERNING CONSTRUCTION OF REQUIRED IMPROVEMENTS a. No contractor shall commence construction of any Required Improvement until all permits, certificates, and approvals required by law for the commencement of such construction have been issued and copies of such permits, certificates, and approvals are made available to the Lessor. Page 8 of 35 b. Once commenced, the construction of each Required Improvement shall be pursued with diligence. c. Each contractor shall warrant to the Lessee and Lessor that all materials and fixtures furnished by such contractor will be new, except as may be otherwise required by the plans and specifications or expressly permitted by Lessee, and that all construction work will be of good quality, free from faults and defects. Construction work not conforming to these requirements may be considered defective and not in conformity with the terms of this Lease. d. Each contractor shall be obligated to confine its operations to the portion of the Premises within which its construction work is to be performed, and shall not store materials or equipment elsewhere on Lessor's property. Storage of materials or equipment shall be limited to what is reasonably necessary for the construction of the Required Improvements. e. Each contractor shall be obligated at all times to keep the Premises reasonably free from accumulation of waste materials or rubbish caused by its operations. At the completion of the contractor's work, such contractor shall remove all waste materials and rubbish from the Premises as well as all tools, construction equipment, and surplus materials. If any contractor fails to comply with these provisions, it shall be the responsibility of Lessee to do so. Any salvage resulting from the authorized removal, severance, or demolition of property existing within the Premises at the inception of this Lease shall be the property of the Lessee. All construction waste shall be disposed of in a lawful manner. f. Each contractor under a contract with Lessee for $100,000 or more shall be required to furnish and keep in force a performance bond and a labor and material payment bond in an amount sufficient to guarantee the faithful performance of its obligations under such contract and to pay all obligations arising in connection therewith. Such bonds shall be in a form and with such sureties as Lessor and Lessee may approve. g. When any construction of Required Improvements is in progress, Lessee shall require its contractors to maintain (i) worker's compensation insurance in the amounts required by law (or reasonably comparable insurance if such insurance is no longer available), (ii) builder's risk (or such reasonably comparable insurance) insurance on an "all risk" basis (including collapse) insuring against casualty to such construction for full replacement value of the work performed and the equipment, supplies and materials furnished and stored, unless such insurance coverage is provided under policies carried by Lessee, (iii) automobile liability in the minimum amounts required by law, and (iv) public liability insurance within limits in an amount reasonably satisfactory to Lessor as indicated by Lessor from time to time in writing, but in no event less than $1,000,000. Notwithstanding the foregoing, unless the insurance coverage required by this paragraph "g" is otherwise required by applicable laws or regulations, or is a condition for full coverage under Lessees insurance policies, these insurance requirements shall not apply to the construction of Required Improvements performed with donated labor. Page 9 of 35 6.7 PAYMENT FOR REQUIRED IMPROVEMENTS Lessee shall pay the entire cost of all Required Improvements within the time periods specified in its construction contracts, or promptly where there is no such contract. 6.8 NONCONFORMING IMPROVEMENTS In its construction of the Required Improvements, Lessee shall insure that there is no material deviation from any approved plans and specifications, except and only to the extent that changes have been requested in writing and have been approved by Lessor. Lessor's representatives may enter upon the Premises from time to time on reasonable notice to Lessee for the purpose of inspecting the work being performed by Lessee, and such entry shall not be construed to be a violation of the Lessee' right to exclusive possession of the Premises. In the event Lessee shall fail to comply with the foregoing requirements in proceeding with construction or modification of all or any part of the Required Improvements, the Lessor may, within a reasonable time after discovery thereof, direct in writing that the Lessee modify or reconstruct such portion or portions of the Required Improvements as deviate from the approved plans and specifications, or any change with respect to same, in order to bring them into conformance therewith. The Lessee shall promptly comply with such a directive. In addition to any other remedies available to it under law or under this Lease, the Lessor may enforce the provisions of this paragraph by an action in a court of appropriate jurisdiction to compel specific performance. 6.9 TIME FOR COMMENCEMENT AND COMPLETION OF REQUIRED IMPROVEMENTS Lessee shall begin and complete the construction of each Required Improvement in accordance with the Construction Schedule attached hereto as Exhibit F. Lessee shall keep Lessor appraised of the progress of the work, and shall notify Lessor promptly of any delay of more than thirty (30) days in the completion of any Required Improvement. Such notice shall state the estimated length of the delay, the reason(s) for the delay, and the remedial steps being taken by Lessee. 6.10 WHEN IMPROVEMENTS COMPLETED Lessee shall notify Lessor that a Required Improvement has been substantially completed. The construction of each Required Improvements shall be deemed completed for the purpose of this Lease when a Certificate of Completion is issued by Lessor to Lessee with respect to such Required Improvement. Within thirty (3 0) days after receiving notice from Lessee that a Required Improvement has been substantially completed, Lessee shall make the Required Improvement available for inspection by the Lessor. Provided the Required Improvement is substantially completed in accordance with the requirements of this Lease, Lessor shall, within Page 10 of 35 thirty (30) days after completion of its inspection, furnish the Lessee with a Certification of Completion so certifying. Such certification by Lessee on behalf of Lessor shall be conclusive determination of satisfaction and termination of the agreements and covenants in this Lease with respect to the obligations of Lessee to construct the Required Improvement covered by the Certificate, except for aspects thereof to be completed thereafter. If Lessor fails to inspect the Required Improvement within thirty (30) days of receipt of notice of substantial completion, such failure shall constitute conclusive evidence of Lessor's satisfaction and termination of the agreements and covenants in this Lease with respect to the obligations of Lessee to construct the Required Improvement. A Required Improvement shall be considered substantially complete for the purposes of this Lease only when (i) Lessee has performed the work required to be performed by Lessee as set forth in Exhibit E and in any plans and specifications approved by Lessor which are applicable thereto, including, in the case of any new structure built by Lessee, complete installation of all structural and mechanical elements, fixtures, life safety systems, decorations, and landscaping (subject to climactic conditions), with only so-called "punch list items" excepted, (ii) construction debris and refuse resulting from demolition and construction of the Required Improvements have been removed, and (iii) all governmental inspections other than those to be performed by Lessee hereunder have been completed, and all permits, approvals, certificates and the like necessary for the lawful use and occupancy of the Required Improvement have been issued. Lessee agrees that Lessor shall be under no obligation to issue a Certificate of Completion until such time as Lessor has had thirty (30) days to inspect the Required Improvement for which such Certificate is sought, however, Lessor shall not be required to make an inspection hereunder unless Lessee has requested by written notice to Lessor that Lessee issue a Certificate of Completion. 6.11 AS BUILT DRAWINGS If required by Lessor in writing, Lessee shall prepare a complete set of "as built" plans and specifications for all Required Improvements constructed; by Lessee for which plans and specifications are required by this Lease, together with copies of all final permits and approvals issued by local plumbing gas, electrical, building and other inspectors. Notwithstanding the foregoing, as built drawings shall not be required for items of decoration, Required Improvements that do not involve alteration of building structural elements or systems, or replacements in kind of fixtures or equipment. Lessee shall not permanently relocate or modify, in any material respect, any utility service within the Premises, including, but not limited to, the addition or rerouting of any electric, gas, water or sewer service or line without first requesting and receiving approval to do so in writing from the Lessor. Once the Lessor receives Lessee's written request they shall within twenty-one (21) business days of the date of the request either approve or disapprove the request in writing. Lessor's failure to so approve or disapprove in writing shall be conclusive evidence of the Lessor's approval of the same. Page 11 of 35 6.12 ANNUAL REPORT OF CONSTRUCTION ACTIVITY At the request of Lessor, Lessee shall provide Lessor with an annual fiscal report summarizing the status of all construction of any kind undertaken by Lessee to the date of such report and describing all construction work that Lessee plans to undertake in the next twelve (12) months. If prepared, this report will be reviewed by the Lessor as part of the annual meeting between the Lessor and Lessee described in Article X. ARTICLE VII - ALTERATIONS AND OPTIONAL IMPROVEMENTS 7.1 CONDITIONS FOR MAKING ALTERATIONS AND OPTIONAL IMPROVEMENTS Lessee shall have the right to make alterations to the Premises in addition to the Required Improvements, as well as alterations to the Required Improvements after issuance of a Certificate of Completion, (collectively "Optional Improvements"), on the following terms and conditions: a. Except for routine repairs and decorations, Lessee shall not undertake construction of any Optional Improvement, including the demolition, erection, addition or material alteration of any building or structure, roadway, walkway, utility, sewer or drain line, exterior sign, parking area, or landscaped area, without obtaining the prior approval of Lessor, which approval shall not be unreasonably withheld provided the proposed construction is consistent with the purposes and terms of the Act in the reasonable judgment of Lessor, and otherwise conforms to the Design Guidelines set forth in section 6.1 of this Lease. b. Except for emergency repairs necessary to alleviate an immediate threat to health and safety of persons or property, at least twenty-one (21) business days prior to commencing construction of any Optional Improvement that requires Lessor's approval, Lessee shall submit to Lessor a written request to construct the Optional Improvement which shall include a description of the proposed Optional Improvement, and, if applicable under Section 6.2 of this Lease, complete plans and specifications therefore. Lessor shall review Lessee's submission for conformity with the terms of this Lease and shall either approve or disapprove such request (and any plans and specifications submitted therewith) in the same manner as set forth in Article VI for the Required Improvements. Lessee shall not begin any construction requiring the approval of Lessor under this Section 7.1 until such approval is given. Failure of the Lessor to issue such approval within twenty-one (21) business days of the receipt of the request for approval shall constitute conclusive evidence of the Lessor's approval of the same. Lessor may agree to waive the approval period, upon written request from Lessee showing sufficient cause therefore. c. The provisions of Sections 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.8, and 6.11, of this Lease shall apply with full force and effect to the design and construction of any Optional Improvement undertaken pursuant to this Article VII. Page 12 of 35 ARTICLE VIII - OWNERSHIP OF IMPROVEMENTS 8.1 TITLE TO PREMISES SHALL REMAIN IN LESSOR At all time during the Initial Lease Term and the Extension Term, Lessor shall continue to have title to the Premises and all lease improvements, whether constructed by Lessor or Lessee. ARTICLE IX - PERMITTED USES AND ACTIVITIES 9.1 PERMITTED USES OF THE MANSION The Lessee shall be permitted to use the Mansion for the uses and activities identified in Exhibit E, as may be amended in writing from time to time, including but not limited to open houses, fund-raising activities, art exhibitions, weddings, educational programs, and meetings of local groups, including but not limited to, local art, historical, musical, theatrical, astronomy, and woodworking groups. 9.2 PERMITTED USES OF THE COTTAGES The Lessee shall be permitted to use the Cottages for the uses and activities identified in Exhibit E, as may be amended in writing from time to time, including but not limited to the rental of the Cottages to the general public as residential vacation units at a rental fee equal to the fair market value established by the listing real estate agent retained by the Lessee. ARTICLE X - ANNUAL MEETING TO REPORT FINANCES, CONSTRUCTION, AND PERMITTED USES AND ACTIVITIES The Lessee shall furnish the Lessor, on August 1 of each year: (1) a report on progress and status of on -going permitted activities and any present or anticipated problems in connection therewith; and (2) a report containing a list of the number and content of all proposed activities and programs planned at the Cottages and Mansion for the upcoming year. The Lessee and Lessor shall then meet annually in September of each year to review for the upcoming season: (1) the content and number of all programs planned at the Mansion and Cottages; (2) the proposed rate structure charged by the Lessee for the rental of the Cottages and all programs or activities at the Mansion; (3) the annual financial report prepared pursuant to the provisions of Section 18.1; and (4) the annual construction activity report prepared pursuant to the provisions of Section 6.12, if Lessor has required that such a report be prepared. ARTICLE XI - UTILITIES 11.1 UTILITIES Lessee will pay the appropriate suppliers for all water, gas, fuel oil, electricity, telephone, and other utilities and communications services used by Lessee on the Premises out of the Enterprise or Revolving Fund established pursuant to the provisions of Section 18.1 herein. Upon request, Page 13 of 35 Lessee shall supply Lessor with such documentation as Lessor may reasonably request to verify compliance with the foregoing. Lessee will also pay all costs associated with the installation, repair and maintenance of the wires, pipes, conduits, and other equipment needed to deliver utilities to the Premises, and shall procure, without cost to Lessor, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance of such utility systems. Lessor agrees to cooperate and, if necessary, join with Lessee in any application required for obtaining or continuing such services. Lessor makes no warranty or representation as to the availability of water, gas, or any other utility service, and Lessor shall not be in default hereunder or be liable for any damages, directly or indirectly, resulting from Lessees inability to obtain such services or from the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or utility service. 11.2 DISPOSAL OF REFUSE Lessee shall arrange and, if necessary, pay for the lawful disposal of refuse and garbage from operations under this Lease. Such payments shall be made directly to the refuse carrier retained by the Lessee. ARTICLE XII - TAXES In the event real estate taxes or property taxes shall be levied on the Premises or any part thereof for any reason, Lessee agrees to pay such taxes when and as due. Lessee shall also be responsible for payment of all taxes levied on any goods or services sold on the Premises to the extent Lessee is not otherwise exempt by law from the requirement of paying said taxes, and pay any other taxes arising out of Lessees occupancy, use, alterations, maintenance or operation of the Premises applicable by law. Lessee shall also be responsible for paying all Betterments and Sewer and Water charges associated or pertaining to the Premises to the extent Lessee is not exempt from paying the same. ARTICLE XIII - INSURANCE 13.1 FIRE AND CASUALTY Lessee shall, at its sole expense, obtain and keep in full force and effect throughout the term of this Lease insurance covering all insurable buildings, structures and other improvements now or after this date located on the Premises in an amount equal to one hundred percent (100%) of the replacement cost thereof (such amount to be approved by Lessor annually, with any coinsurance clause waived or suspended by an "Agreed Amount" clause or endorsement) with coverage against fire and such other perils, casualties and contingencies as are from time to time customarily covered by "all risk" insurance policies for similar buildings and other structures used for purposes similar to the uses Lessee is then making of such buildings and structures. All such insurance shall name Lessor, Lessee, and Lessees Leasehold Mortgagee's (if any) as insured as their interest may appear, and shall provide substantially that the interest of Lessor shall be Page 14 of 35 insured regardless of any breach or violation by Lessee of any warranties, declarations or conditions in such policy, or of any act or neglect by Lessee or Lessor, or of any occupation of the Premises for purposes more hazardous than permitted under this policy. 13.2 PERSONAL PROPERTY Lessee may, but shall not be obligated to, at its sole expense, obtain and keep in force insurance upon Lessee's personal property, fixtures and furnishings located upon the Premises. 13.3 GENERAL LIABILITY Lessee will, at its sole expense, obtain and keep in force throughout the tern of this Lease, general comprehensive public liability insurance insuring Lessee, and Lessor as additional insured, against all claims and demands for personal injury or damage to property which may be claimed to have occurred upon the Premises or arising out of the use or occupancy thereof by Lessee. Said insurance shall be written on an occurrence basis to afford protection in an amount equal to the amount of $1,000,000 combined single limit for personal and bodily injury and death and for property damage, with a so-called "broad form" endorsement and contractual liability coverage insuring the performance by Lessee of the indemnity agreement set forth in Article XIV of this Lease. The amount of such insurance may be adjusted three (3) years from the Date of Lease Execution and every five (5) years thereafter as reasonably directed by Lessor to achieve commercially customary coverage under the terms and conditions of this Lease and Lessees actual use of the Premises. All public liability policies maintained by Lessee shall contain a provision that Lessor, although named as an additional insured, will nevertheless be entitled to recover under such policies for any loss sustained by it, its agents and its employees as a result of acts or omissions of Lessee. 13.4 ADDITIONAL INSURANCE Throughout the team of this Lease, Lessee shall carry worker's compensation as required by law, automobile liability insurance in the minimum amounts required by law, and such other insurance in such amounts as Lessor may reasonably require from time to time. 13.5 OTHER MATTERS The insurance coverage required by this Article XIII and all renewals shall be by standard policies, obtained from financially sound and responsible insurance companies authorized to do business in Massachusetts. Lessee's insurance policies shall contain only such "deductibles" as Lessor shall reasonably approve. Duly executed certificates of the insurance required by Sections 13.1 and 13.3, or, if required by Lessor, certified copies or duplicate originals of the original policies, together with reasonably satisfactory evidence of payment of premiums, shall be delivered to Lessor on or before the commencement date of this Lease. At least twenty-one (21) days prior to the expiration of each Page 15 of 35 such insurance policy, Lessee shall furnish Lessor with evidence of payment of premium and the re -issuance of a policy continuing the insurance in force as required hereunder. All such policies shall contain endorsements providing substantially that (a) such policies may not be reduced, canceled, materially changed, or allowed to lapse with respect to Lessor except after forty five (45) days prior written notice to Lessor; and (b) Lessor may, but shall not be obligated to make premium payments to prevent such cancellation for non-payment of premiums, and that such payments shall be accepted by the insurer. If Lessee fails to either acquire the insurance required by Section 13.1 or 13.3 or pay the premium for such insurance, Lessor may, in addition to any other rights or remedies available to Lessor, and notwithstanding any other provisions of this Lease concerning notice and cure of defaults, acquire such insurance and pay the requisite premiums therefor. Such premiums will be payable by Lessee to Lessor immediately upon demand. In the proof of any damages which Lessor may claim against Lessee arising out of Lessee's failure to maintain the insurance required by this Lease, Lessor will not be limited to the amount of unpaid insurance premiums, but rather Lessor will also be entitled to recover as damages for such breach, the amount of any uninsured loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), and any other costs or expenses, including attorneys' fees, arising out of damage to, or destruction of the Premises occurring during any period for which Lessee has failed to provide such insurance. 13.6 WAIVER OF SUBROGATION Lessor and Lessee each waive all rights to recover against each other for any loss or damage covered by insurance required to be carried pursuant to this Article XIII or any other insurance actually carried by either of them, or for the benefit of Lessor or Lessee (Lessor being under no obligation to maintain any insurance), but only to the extent insurance proceeds are actually recovered under such policies, and to such extent (and only to such extent) each waives all claims by way of subrogation. All insurance which is carried by Lessee with respect to the Premises, whether or not required by this Lease, shall include provisions which deny to the insurer acquisition by subrogation of rights of recovery against Lessor to the extent such rights. have been waived by Lessee, insofar as, and to the extent that such provisions may be effective without making it impossible for Lessee to obtain insurance coverage from responsible companies qualified to do business in Massachusetts, even though extra premium may result therefrom. 13.7 APPLICATION OF INSURANCE PROCEEDS In the event of any partial or total damage to or destruction of an insured building, structure, or other improvement, Lessee shall (i) give immediate notice thereof to Lessor, (ii) proceed immediately to establish and collect all valid claims which may have arisen against insurers based upon any such damage or destruction, and unless otherwise agreed by Lessor and Lessee (iii) promptly repair or reconstruct the damaged building, structure or other improvement upon the same general plan and dimensions and to the same general quality as before the damage or destruction, subject, however, to the then applicable building codes. Such repair or Page 16 of 35 reconstruction shall be performed in accordance with the requirements of Article VI hereof. All proceeds of any insurance claim shall be held in trust and applied only for the purpose of repairing or reconstructing the buildings, structures or other improvements which have been destroyed or damaged. In the event damage is so substantial that Premises cannot be rebuilt in conformity with Massachusetts Historical Commission or other applicable regulations Lessee shall pay over to Lessor all insurance proceeds and this Lease shall terminate. 13.8 LESSOR'S SELF-INSURANCE Lessor and Lessee acknowledge that Lessor is self -insured and not required by this Lease to procure or maintain insurance of any kind. 13.9 PERSONAL PROPERTY AT LESSEE'S RISK All of the furnishings, fixtures, equipment, effects, and property of every kind, nature and description of Lessee shall be at the sole risk and hazard of Lessee, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, no part of said loss or damage is to be charged to or to be borne by Lessor, except that Lessor shall in no event be indemnified or held harmless or exonerated from any liability to Lessee or to any other person, for any injury, loss, damage or liability caused by the negligence or willful misconduct of Lessor, its agents, servants, or employees. ARTICLE XIV - INDEMNIFICATION 14.1 ASSUMPTION OF RISK To the extent permitted by law, Lessee assumes all risk of damage or injury to any person or property located in, on or about the Premises arising out of the activities of Lessee in or about the Premises. 14.2 INDEMNIFICATION OF LESSOR BY LESSEE To the extent permitted by law, the Lessee hereby covenants and agrees to indemnify and hold harmless the Lessor and its officers, agents and employees from any and all claims, actions at law, suits in equity, losses, damage, costs or injury of whatever kind and nature, whether direct or indirect, arising out of the activities of Lessee in or about the Premises, or caused by any act, neglect, fault, work, improper conduct, omission, or breach of any covenant or condition of this Lease by Lessee, its agents, employees, contractors, invitees or licensees. This indemnification shall include any brokerage claims brought by any real estate brokers, agents or salespersons, predicated upon dealings with the Lessee in connection with the Lessee's rental of the Cottages as residential vacation units. Lessee's liability hereunder extends to the acts or omissions of any sub -lessee, and any agent, employee, contractor, invitee or licensee of any sub -lessee, but Lessee shall not be liable hereunder for acts or omissions of Lessor, it agents, employees, contractors, invitees or licensee, including, but not limited to any person carrying out activities upon the Premises pursuant to a special permit granted by Lessor. Page 17 of 35 Lessee agrees to indemnify and hold Lessor harmless from and against all bills for labor performed and equipment, fixtures and materials furnished to Lessee, and applicable sales taxes there on as required by Massachusetts law, and from and against any and all liens, bills or claims therefore or against the Premises, and from and against all losses, damage, costs, expenses, suits and claims whatsoever in connection with any improvements or alterations made by Lessee during the term of this Lease. 14.3 LEGAL PROCEEDINGS Lessee shall indemnify and hold Lessor harmless from any and all costs and expenses, including reasonable legal fees, incurred by Lessor to defend each and every legal proceeding in which Lessor or any of its agencies, officers, or employees is named as a party, arising. out of the activities engaged in by Lessee under this Lease. ARTICLE XV - MAINTENANCE, REPAIRS, SAFE OPERATION 15.1 BUILDINGS Lessee will, at its sole cost and expense, maintain all buildings, structures, and equipment located upon the Premises and make repairs, restorations, and replacements to the Premises, including without limitation, heating, ventilating, air conditioning, mechanical, electrical, elevator and plumbing systems, roofs, walls, foundations, fixtures and appurtenances as and when needed to preserve them in good working order and condition, and of good appearance, regardless of whether the repairs, restorations and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital, or non -capital, or the fault or not the fault of Lessee, its agents, employees, contractors, invitees, or licensees (unless caused by the negligence or willful act of Lessor or those acting under Lessor). Notwithstanding the foregoing, nothing in this Section 15.1 shall be construed to require Lessee to make any improvements or additions to the Premises in addition to the Required Improvements. 15.2 GROUNDS Lessee will, at its sole costs and expense, maintain all roads (other than public roads), paths, and sidewalks located upon the Premises in good repair and shall remove all accumulations of snow and ice therefrom prior to allowing the public access to the Premises if Lessee conducts activities on the Premises during the winter. Lessee shall maintain lawns, shrubbery, trees, and ground cover so that they are healthy and of good appearance. All activities of Lessee shall preclude the discharge of substances in concentrations which will result in harm to water supply, fish and wildlife. Chemicals may not be used to control undesirable vegetation, insects or rodents without prior written approval of Lessor. Only those materials approved and registered by the U.S. Environmental Protection Agency for the specific purpose planned will be considered for use on the Premises. Lessee and its contractors shall follow label instructions in the preparation and applications of pesticides and disposal of excess materials and containers. Page 18 of 35 15.3 COMPLIANCE WITH LAWS Without in any way limiting Lessee's other obligations under this Article XV, Lessee shall, at Lessee's sole cost and expense, maintain the Premises and all buildings and improvements thereon in accordance with all applicable laws, rules, ordinances, and regulations of all governmental agencies and entities with jurisdiction and all insurance companies insuring all or any part of the Premises. 15.4 SANITATION Lessee, at its sole cost and expense, shall keep the Premises in a clean and sanitary condition at all times. Lessee shall be responsible for all litter pickup, trash disposal, cleaning, housekeeping and sanitation within each building and on all grounds. All Massachusetts health laws and Health Department regulations, and local regulations regarding sanitation will be strictly complied with. In addition, Lessee shall follow all reasonable directions given by officials of Nickerson State Park with respect to the collection and disposal of trash. 15.5 SAFE OPERATION OF FACILITIES Lessee shall periodically inspect all areas of the Premises for the presence of unsafe and hazardous conditions and shall promptly remedy such conditions when found. Lessee shall install fire extinguisher and fire fighting apparatus of types, capacities, and in such numbers and at such locations as may be required by law and approved by the Department of Public Safety. Other than as expressly authorized by Lessor in the document entitled Permitted Uses and Activities, Exhibit E hereto, the sale or consumption of alcoholic beverages on the Premises is not permitted, and Lessee agrees that it shall observe and enforce on the Premises all applicable rules of Lessor now or hereafter adopted which regulate the conduct of the public, concessionaires, or licensees in Nickerson State Park, and shall comply with all reasonable directions given by authorized representatives of Lessor with respect thereto. 15.6 ACTIVITIES OF DCR Lessee's obligations under this Article XV shall not extend to the activities of Lessor, its employees, agents or contractors. Further, Lessee shall be under no obligation to pay for any material increase in the cost of repairing or maintaining the Premises resulting from the activities of Lessor. ARTICLE XVI - HAZARDOUS MATERIALS 16.1 HAZARDOUS MATERIALS AND ACTIVITIES Lessee, its agents, contractors, licensees and invitees, shall not cause any hazardous materials or toxic wastes, hazardous or toxic substances or hazardous or toxic materials (collectively Page 19 of 35 "Hazardous Materials" as more clearly defined below) to be used, generated, stored or disposed of on, under or about, or transported to or from the Premises (collectively "Hazardous Materials Activities") without first receiving Lessor's written consent, which may be withheld for any reason or revoked at any time. If Lessor consents to any such Hazardous Materials Activities, they shall be conducted in strict compliance with all applicable Regulations, as hereinafter defined, and using all necessary and appropriate precautions, and without causing or permitting any release or threat of release of Hazardous Materials. In the event of a release or threat of release of any Hazardous Materials on account of any Hazardous Materials Activities of Lessee or its employees, agents, contractors, licensees or invitees, Lessee shall conduct and complete all investigations, studies, sampling and testing, and all remedial, removal and other actions necessary to clean up the release or eliminate the threat of release in accordance with all applicable legal requirements. Lessor shall not be liable to Lessee under this Lease for any Hazardous Materials Activities by Lessee, Lessees employees, agents, contractors, licensee or invitees, or any other third -party, whether or not consented to by Lessor. In the event Lessee shall discover the presence of Hazardous Materials on, under or about the Premises, Lessee shall notify Lessor immediately and shall suspend any and all activities, including but not limited to, demolition, excavation, and construction, which would threaten release of such Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall include, but not be limited to, substances defined as "hazardous substances", "toxic substances", "oil" or "hazardous wastes" in any federal, state or applicable local statute now or hereafter enacted concerning hazardous materials, or in any regulation adopted or publication promulgated pursuant to said statutes (collectively, "Regulations"). Prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Lessee shall provide Lessor with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy. Lessee shall also provide Lessor with a copy of any Hazardous Materials inventory statement required by any applicable Regulations, and any update filed in accordance with any applicable Regulations. If Lessee's activities violate or create a risk of violation of any Regulation, Lessee shall cease such activities immediately upon notice from Lessor. Lessee shall notify Lessor immediately by telephone and in writing of any release or discharge of Hazardous Materials or of any condition constituting a threat of release of Hazardous Materials. Lessor may (but shall not be obligated to) enter upon the Premises at any time during the term of this Lease to inspect Lessees compliance herewith, and may disclose any violation of any Regulation to any governmental agency with jurisdiction. Nothing herein shall prohibit Lessee from using minimal amounts of oil, solvents, or other substances which may constitute Hazardous Materials in carrying out Lessees construction, maintenance and repair obligations under this Lease, or in conducting Lessees business upon the Premises in accordance with the Permitted Uses and Activities, provided that such use is in compliance with all Regulations and shall be subject to all of the other provisions of this Lease. Page 20 of 35 16.2 INDEMNIFICATION FOR HAZARDOUS MATERIALS AND ACTIVITIES Lessee shall indemnify and hold Lessor harmless for all claims, damages, costs and liabilities incurred by Lessor arising out of the Hazardous Materials Activities of Lessee and Lessee's agents, contractors, licensees and invitees, including, but not limited to Lessor's testing and engineering expenses, remediation, lost property value, reasonable attorney fees and litigation costs. Except as provided in this Article XVI, Lessee shall not be liable to Lessor for Hazardous Materials Activities of parties other than Lessee and Lessees employees, agents, contractors, licensees and invitees. ARTICLE XVII - ACCESS AND INSPECTION 17.1 LESSOR'S RIGHT TO INSPECT PREMISES Throughout the term of this Lease, Lessor or its representatives shall have the right to inspect the Premises for the purpose of ascertaining Lessee's compliance with the terms of this Lease. Inspection, other than emergency inspections, shall be made on at least twenty four (24) hours prior notice to Lessee, and shall be accomplished in a manner which does not unreasonably interfere with the operation of the Premises by Lessee. Lessor shall not enter upon the Premises for the purposes of such inspection without a representative of the Lessee there to accompany Lessor on each such inspection. 17.2 USE OF PREMISES BY DCR As further additional consideration for this Lease, Lessee agrees that it shall make reasonable efforts to offer joint programs in cooperation with DCR, and shall permit DCR to utilize the Premises for educational programs from time to time, provided such use does not materially interfere with Lessees use of the Premises and further provided, however, that should any damage or injury to the Premises occur as a result of the DCR's use of the Premises, the DCR shall be responsible for all repairs and costs in connection with said repairs necessary to bring the Premises back to its former condition prior to such use. 17.3 PUBLIC ACCESS Lessee shall open the Mansion to the public no less than twice each year for the purpose of providing public access to the historic qualities. of the Mansion. The Lessee shall not be required to open the Cottages to the public during the Term of this Lease. ARTICLE XVIII - ACCOUNTING AND REPORTING 18.1 ACCOUNTING REQUIREMENTS Lessee shall, through the Brewster Accountant's Office, maintain a Revolving Fund pursuant to the provisions of General Laws, Chapter 44, Section 53E`/2, or an Enterprise Fund pursuant to the Page 21 of 35 provisions of General Laws, Chapter 44, Section 53F%, established specifically for holding all monies related to the Lessee's use of the Premises. These monies shall include, but not be limited to, amounts received as part of the Lessee's rental of the Cottages as residential vacation units, amounts received as part of the Lessee's rental of the Mansion for special events and programs, and amounts paid out for the maintenance, repair and rehabilitation work the Lessee performs on the Cottages and the Mansion. Lessee shall maintain a continuous written record of all monies paid into and out of said account. Lessee shall provide by notice in writing to Lessor, annually no later than November 1st each year, a statement of the current balance in said account and all accounts payable and accounts receivable for said account. Said statement shall be reviewed by Lessor with the Lessee at the annual meeting between the Lessor and Lessee described in Article X. 18.2 BOOKS OF ACCOUNT AND FINANCIAL REPORTING The Governor, or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of Lessee which pertain to the performance of the provisions and requirements of this Lease. Lessee shall preserve all its accounting books and records pertaining to the Premises for a period of three years following the close of each fiscal year of the Lessee. All of such books and records shall be subject to review, audit, and analysis by qualified representatives of Lessor at mutually convenient times. 18.3 ACCESS TO RECORDS For the purpose of administering this Lease, the Lessee agrees to make all of the accounting books and supporting records to its business activities related to the Premises, as well as those of any subtenants operating within the authority of this Lease, available for analysis by qualified representatives of the Lessor, its representatives, or Commonwealth agencies authorized to review Lessor activities. Review of accounting books and supporting records will be made at dates convenient to the Lessee and reviewers. Financial information so obtained will be treated as confidential. ARTICLE XIX - ASSIGNMENT AND SUBLETTING 19.1 LIMITATIONS PRIOR TO COMPLETION OF REQUIRED IMPROVEMENTS Prior to completion of the Required Improvements, Lessee shall not assign, transfer, convey, sublet, encumber or dispose of its right title or interest in the whole or any part of the Premises or enter into any agreement with any entity or person except for employees of the Lessee to exercise substantial management responsibilities for the operations authorized hereunder or any part thereof, without the prior written approval of Lessor, which may be withheld for any reason whatsoever. This provisions shall not apply to the rental of the Cottages by the real estate broker retained by the Lessee for the purpose of renting the Cottages as residential vacation units. Page 22 of 35 19.2 LESSEE'S RIGHTS AFTER COMPLETION OF REQUIRED IMPROVEMENTS Excepting the rental of the Cottages by the real estate broker retained by the Lessee for the purpose of renting the Cottages as residential vacation units, following completion of all of the Required Improvements, Lessee shall not assign, transfer, convey, encumber, or dispose of its right, title, or interest in the whole or any part of the Premises or enter into any agreement with any entity or person except employees of the Lessee to exercise substantial management responsibilities for the operations authorized hereunder (all of which shall be considered a transfer of Lessees interest in the Premises) without the prior approval of Lessor, which approval shall be given if the following requirements are met: a. The transferee, by valid instrument in writing satisfactory to Lessee, has expressly assumed for itself and its successors and assigns and for the benefit of Lessor all of the obligations of the Lessee under this Lease and agreed to be bound by all of the terms, conditions, and restrictions to which the Lessee is subject, to the extent they relate to the interest in the Premises transferred by Lessee. b. The transferee has, in the reasonable judgement of Lessor, the financial strength, experience and other qualifications needed to perform any obligations it has assumed. c. There has been submitted to Lessor for review, and Lessor has approved, all instruments and other legal documents involved in effecting the proposed transfer. d. The Lessee and its transferee have complied with such other conditions as Lessor may find necessary or desirable in Lessor's sole discretion in order to achieve and safeguard the purposes of the Act and this Lease. Lessor shall promptly consider any request received from the Lessee to assign, sublet, or otherwise transfer an interest in the Premises or in the operations of Lessee upon the Premises. If Lessor does not approve the proposed transfer, it shall give the Lessee written notice of the reasons for its decision. The failure of a transferee or any other successor in interest to the Lessee to assume the obligations of the Lessee hereunder or to obtain the approval of Lessor as herein required shall not relieve such transferee or successor of such obligations or limit Lessor with respect to any rights, remedies or controls it may have under this Lease. Any transfer by operation of law or otherwise of Lessees interest in this Lease or of a controlling interest in Lessees ownership so as to permit the exercise of substantial managerial influence over the operations of Lessee by such transferee shall be deemed a transfer of Lessees interests in the Premises for the purposes of this Article XIX. Lessee agrees to comply with the requirements of Massachusetts General Laws, Chapter 7, Section 40J, regarding the filing of beneficial interest disclosure statements. Page 23 of 35 ARTICLE XX - CASUALTY AND TAKING 20.1 CASUALTY LOSS In the event any of the buildings, structures, or other improvements on the Premises are damaged or destroyed by fire or other casualty, Lessee shall (i) give immediate notice thereof to Lessor, (ii) proceed immediately to establish and collect all valid claims which may have arisen against insurers based upon any such damage or destruction, and unless otherwise agreed by Lessor and Lessee (iii) promptly repair or reconstruct the damaged building, structure or other improvement upon the same general plan and dimensions and to the same general quality as before the damage or destruction, subject, however, to the then applicable building codes. Such repair or reconstruction shall be performed in accordance with the requirements of Article VI hereof. Lessee shall begin to repair, restore or reconstruct any damaged or destroyed building, structure, or improvement within three (3) months after such damage or destruction (or such longer period as Lessor and Lessee may agree, taking into account such factors as weather conditions and the extent of the required design work), and thereafter diligently prosecute such repair, restoration or reconstruction to completion. If Lessee is unable to comply with the requirements of the preceding paragraph because (i) the Premises are damaged by perils not covered by Lessees policies of casualty insurance, or (ii) the insurance proceeds are insufficient to restore the Premises to their condition immediately preceding said casualty, or (iii) Lessee does not receive permission from any mortgagee to use the insurance proceeds to repair or restore the Premises, then Lessor may terminate this Lease upon ninety (90) days written notice to Lessee if such failure to comply materially interferes with the use of the Premises as a whole by Lessee for the purposes contemplated by this Lease, in Lessor's reasonable judgement. Notwithstanding the foregoing, if in the event damage is so substantial that premises cannot be rebuilt in conformity with Massachusetts Historical Commission or other applicable regulations Lessee shall pay over to Lessor all insurance proceeds and this Lease shall terminate. Notwithstanding the foregoing, if at any time during the last three (3) years of the Initial Lease term or the Extension Teinl, any building on the Premises is so damaged that the cost of restoration exceeds fifty percent (50%) of the replacement value thereof immediately prior to such damage, Lessee may, within sixty (60) days after receiving notice of such damage, give notice of its election to terminate this Lease by giving Lessor not less than one hundred and eighty (180) days notice of such termination. In the event this Lease is so terminated, Lessee will have no obligation to restore the Premises, and the entire insurance proceeds, if any, will belong to Lessor. If any casualty other than a casualty cause by the negligence or willful misconduct of Lessee renders any part of the Premises unfit for use and occupation, a just proportion of the rent (and any additional rent) shall be abated until the Premises shall have been put in proper condition for use and occupation. Page 24 of 35 20.2 TAKING BY EMINENT DOMAIN If a substantial part of the Premises shall be taken for any public or quasi -public use under governmental law or by right of eminent domain and such taking would materially interfere with the use of the Premises by Lessee for the purposes contemplated by this Lease, then the Lease may be terminated by either Lessor or Lessee. Lessor or Lessee shall make such election by giving the other party written notice within sixty (60) days after the event giving rise to a right to terminate. Any such termination shall be effective thirty (30) days after the date of notice thereof. If any taking materially interferes with Lessees use and occupation of any part of the Premises, a just proportion of the rent shall be abated from the date the Premises or such lesser part are rendered unusable until the date when the Premises (or in the case of a partial taking, what remains thereof) shall have been put in proper condition for use and occupation. Lessee shall receive a permanent abatement of rent (and additional rent) to the extent that all or any part of the Premises cannot be so used and occupied for the balance of the tellit of this Lease. Lessor reserves all rights to damages payable by reason of anything lawfully done in pursuant of any public or other authority, and by way of confirmation, Lessee grants to Lessor all to Lessees rights to such damages and agrees to execute and deliver such further instruments of assignment thereof as Lessor may from time to time request, provided, however, that Lessee reserves for itself any award specifically reimbursing Lessee for moving or relocation expenses and any other award the payment of which does not diminish the amount otherwise payable to Lessor. Lessee shall also be entitled to share in the award proportionately to the unamortized value of any lease improvements constructed by Lessee pursuant to the terms of this Lease, and Lessee may prosecute said action to obtain such award. ARTICLE XXI - LESSEE'S FAILURE TO PERFORM REQUIRED IMPROVEMENTS 21.1 LESSEE'S FAILURE TO PERFORM If Lessee fails, due to its own negligence or neglect, to perform any of the Required Improvements under this Lease within the time permitted for its performance in the Construction Schedule attached as Exhibit F, and said failure continues for a period of not less than one (1) year, then Lessor, after ninety (90) days' prior written notice to Lessee, and without waiving any of its rights under this Lease, may terminate this Lease and collect from the Lessee the penalty described in Section 21.2 below, provided, however, that in no event shall this Section 21.1, and the following Section 21.2, be applicable to any delays which are due to circumstances beyond the Lessee's control, including, but not limited to, Lessee's inability to obtain the necessary local, state or federal approvals for any of the Required Improvements. Page 25 of 35 ARTICLE XXII - DEFAULTS AND REMEDIES 22.1 EVENTS OF DEFAULT BY LESSEE The following events shall be deemed to be events of default by Lessee under this Lease: (a) Lessee shall fail to pay when due any sum of money due Lessor hereunder and such failure shall continue for a period of thirty (3 0) days from the date when such payment was due. (b) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the failure to pay a sum of money due Lessor, and shall not cure such failure within thirty (30) days after written notice thereof to Lessee, or in the case of failures that cannot be cured within thirty {30) days, commenced to cure such failure within thirty (30) days and thereafter diligently pursued such cure to completion. (c) Lessee shall abandon any substantial portion of the Premises or cease to use a substantial portion of the Premises for the purposes permitted by this Lease. (d) This Lease or the Premises or any part of the Premises are taken upon execution or by other process of law directed against Lessee or claimant against Lessee, and such attachment is not discharged within thirty (30) days after its levy. (e) Lessee shall fail to contest diligently the validity of any lien or claimed lien and give sufficient security to Lessor to insure payment thereof or shall fail to satisfy any judgement rendered thereon and have the same released within thirty (30) days after written notice from Lessor. (f) Lessee shall file a petition in bankruptcy or insolvency or for reorganization or arrangement and the bankruptcy law of the United States, or is dissolved, or makes an assignment for the benefit of creditors. (g) Involuntary proceedings under any such bankruptcy laws or for the dissolution of Lessee are instituted against Lessee, or a receiver or trustee is appointed for all or substantially all of Lessees property, and such proceeding is not dismissed or such receivership or trusteeship is not vacated within ninety (90) days after such institution or appointment. 22.2 REMEDIES OF LESSOR Upon the occurrence of any of the events of default in Section 22.1, Lessor shall have, in addition to the rights set forth in this Lease and any other remedies available to Lessor at law or equity, the immediate option, or the option at any time thereafter to terminate this Lease and all rights of Lessee hereunder on thirty (30) days' written notice to Lessee, and this Lease will come to an end on the effective date of such notice as fully and completely as it the term of this Lease had expired. Upon the termination of this Lease, Lessee shall immediately quit and surrender the Premises to Lessor, but Lessee shall remain liable for damages as hereinafter provided. In such Page 26 of 35 event, Lessor shall honor and fulfill all Lessee's rental contracts for use of the Premises for Special Functions and shall be entitled to collect all rental monies associated therewith. In the event Lessee fails to quit and surrender the Premises, Lessor may re-enter and repossess the Premises or any part thereof and remove Lessee and those claiming through Lessee from the Premises without being deemed guilty in any manner of trespass and without prejudice to any remedies for arrears of rent or other default. Lessee hereby waives all statutory and equitable rights to its leasehold after termination of this Lease by Lessor under this paragraph, including, without limitation, rights in the nature of further cure or redemption, if any, but this shall not preclude Lessee from contesting Lessor's termination of this Lease. 22.3 TERMINATION DAMAGES (a) If this Lease is terminated for default, Lessor shall be entitled to recover as damages (i) all monies contained in the accounts identified under Section 18.1 of this Lease and not needed to be applied to pay any outstanding invoices for any repairs, maintenance, rehabilitation, renovation or improvements, plus (ii) the cost of performing any other covenants of Lessee which Lessee failed to perform prior to the date of termination, but not including the cost of completing the Required Improvements, plus (iii) an amount equal to the actual costs and expenses incurred by the Lessor in connection with the re -bidding process the Lessor will have to undertake to replace the Lessee as Lessee of the Premises, but in no event shall this amount exceed Five Thousand ($5,000.00) Dollars. (b) If this Lease is terminated for default, then Lessee covenants as an additional cumulative obligation after such termination, to pay all of Lessor's reasonable costs and expenses, including attorneys fees, related to (i) the termination of this Lease, (ii) the recovery of the Premises from Lessee, and (iii) the collection of the amounts due hereunder. 22.4 RELETTING OF PREMISES If Lessor elects to terminate this Lease after Lessees default-, Lessee shall be under no obligation whatsoever to relet the Premises or to take any other steps to mitigate Lessor's damages. 22.5 REMEDIES CUMULATIVE The specific remedies to which Lessor or Lessee may resort under this Lease, and all other rights and remedies of Lessor and Lessee are cumulative, and any two or more may be exercised at the same time. Nothing in this Lease shall limit the right of Lessor to prove and obtain in proceedings for bankruptcy or insolvency an amount equal to the maximum allowed by any statute or rule of law in effect at that time. 22.6 LESSOR'S DEFAULT Lessor shall use due diligence in performing its covenants and obligations under this Lease. In no event shall Lessor be in default unless notice thereof has been given to Lessor and Lessor fails to perform within thirty (30) days provided, however, that such thirty -day period shall be Page27of 35 reasonably extended if such performance begins within such period and thereafter is diligently pursued. ARTICLE XXIII - MISCELLANEOUS 23.1 QUIET ENJOYMENT Lessor agrees so long as Lessee performs and observes the agreements, conditions and covenants of this Lease on its part to be performed and observed, Lessee's use and enjoyment of the Premises will not be disturbed by Lessor or anyone claiming by, through or under Lessor. 23.2 SURRENDER OF PREMISES At the end of the term of this Lease, or any extension or renewal thereof, or other sooner termination of this Lease, the Lessor peaceably will deliver to the Lessee possession of the Premises in the condition in which Lessee is required to maintain them under the teiins of this Lease, together with all improvements or additions thereto, (unless Lessor has requested removal as a condition to approving construction of same), excluding all items of personal property of the Lessee and any fixtures installed by the Lessee which the Lessee specifically excludes from this provision with the written acceptance of the Lessor. The list of said fixtures excluded from the provisions of this Section 23.2, as amended from time to time by Lessor and Lessee, in writing, shall be attached hereto as Exhibit "J." Lessee may, upon termination of this Lease, remove all moveable furniture, trade fixtures and equipment belonging to Lessee, repairing any damage caused by such removal. Personal property not so removed shall be deemed abandoned by the Lessee, and Lessor may at its option, keep the same for its use or remove the same in any manner as Lessor shall choose, and Lessee shall pay on demand any and all expenses incurred in such removal. 23.3 HOLDING OVER Lessee has no right to hold over at the end of the Term of this Lease. If Lessee retains possession of the Premises or any part thereof after expiration of the Lease term or earlier termination of the Lease, Lessor may at its option, serve written notice upon Lessee that such holding over constitutes creation of a tenancy at will, upon the terms and conditions set forth in this Lease, except for the rental rate, which shall be at fair market value as determined by Lessor in its reasonable business judgment. If no such notice is given, then a tenancy at sufferance shall be deemed to be created and the rental described in the preceding sentence shall apply. The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re-entry given by this Lease; nor shall the acceptance of rent operate as a waiver of Lessor's right to terminate this Lease for a default by Lessor hereunder. 23.4 STATUS REPORT Recognizing that both Lessor and Lessee may find it necessary or desirable to establish to third parties, such as accountants, lenders, governmental agencies, or the like, the then current status of Page 28 of 35 performance hereunder, either party, upon the written request of the other made from time to time, will promptly furnish a written statement on the status of any matter pertaining to this Lease. Without limiting the foregoing, Lessee and Lessor shall at any time and from time to time, but only after fifteen (15) business days prior written notice from the other , execute, acknowledge and deliver a written statement certifying that this Lease is in full force and effect subject only to such modifications as may be set out; that Lessee is in possession of the Premises and is paying rent as provided in this Lease or specifying the amount of any unpaid rent; and that there are not any uncured defaults on the part of the Lessor, or specifying such defaults if they are claimed. If Lessor or Lessee fails to deliver such statement in a timely manner, such party shall be deemed to have acknowledged that this Lease is in full force and effect, without modifications except as may have been represented by the party requesting the statement, and that there are no uncured defaults in the performance of the party requesting the statement. Anystatement provided by either Lessor or Lessee hereunder may be relied upon by the other or any other party to whom Lessor or Lessee requests the statement by addressed. 23.5 WAIVER If either Lessor or Lessee waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein. Furthermore, the acceptance of rent by Lessor shall not constitute a waiver of any preceding breach of this Lease by Lessee, regardless of Lessor's knowledge of such preceding breach at the time Lessor's accepted such rent. Failure by either Lessor or Lessee to enforce any of the terms, covenants or conditions of this Lease for any length of time shall not be deemed to waive or to decrease the right of such party to insist upon strict performance in the future. No provision of this Lease shall be deemed to have been waived by either Lessor or Lessee unless such waiver be in writing and signed by a duly authorized representative of the party to be bound thereby. 23.6 NO BROKERAGE Lessor and Lessee each represents and warrants that no broker, agent, commission salesman or other person has represented it in connection with the procurement or consummation of this Lease. In the event any brokerage claims are asserted against Lessor predicated upon prior dealings with the Lessee, Lessee agrees to indemnify and hold Lessor harmless against any such claim. 23.7 NOTICES: TIME OF ESSENCE All notices and other communications required or permitted to be given under this Lease shall, unless otherwise expressly permitted hereunder, be in writing, signed by the duly authorized representative of the party giving notice and shall be given by hand delivery (including, without limitation, courier, Federal Express, or other overnight delivery service) or mailed by United States certified mail, postage prepaid, return receipt requested. Notices shall be sent or addressed to Lessee at the address appearing for Lessee in section 1.1 of this Lease. Notices to Lessor, unless otherwise expressly stated in this Lease, shall be sent to Lessor at their addresses Page 29 of 35 appearing in section 1.1 of this Lease. Lessor or Lessee may, by notice given hereunder, at any time and form time to time, designate a different address to which notices shall be sent. Notices served as aforesaid shall be deemed given for all purposes (i) on the date shown on the receipt for such delivery or (ii) as of the date such notice was sent in the event delivery is refused or acceptance could not be obtained. Any requests for approval made by the Lessee to Lessor where such approval shall be deemed granted after a period of non -reply by Lessor shall, as a condition to the effectiveness thereof, bear the following legend at the top of the transmittal letter in bold-faced type at least one -quarter inch high, with the appropriate deadline for reply filled in: NOTICE THIS REQUEST FOR APPROVAL REQUIRES IMMEDIATE REPLY FAILURE TO RESPOND WITHIN 21 BUSINESS DAYS SHALL RESULT IN AUTOMATIC APPROVAL Where either Lessor or Lessee is to give a notice or respond to a notice within a specified time period under this Lease, time shall be of the essence in giving or responding to such notice. 23.8 STATUS OF PARTIES The relationship of the Lessee to the Lessor is that of an independent contractor, and said contractor, in accordance with its status as such, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be a partner, agent, joint venturer, officer or employee of the Lessor by reason of this Lease, and that it will not, by reason of this Lease, make any claim, demand or application to or for any right or privilege applicable to an employee or officer of the Commonwealth of Massachusetts. Nothing contained in this Lease shall create or be construed as creating a partnership or joint venture between Lessor and Lessee or to constitute Lessee an agent of Lessor. 23.9 GOVERNING LAW This Lease will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and all legal actions brought in connection with this Lease shall be brought in courts within the Commonwealth of Massachusetts. 23.10 ENTIRE AGREEMENT This Lease, together with its Exhibits, whether physically appended to this document or incorporated by reference without being so appended, contains all of the agreements of the parties and supersedes any previous negotiations. There are no agreements between Lessor and Lessee with respect to the subject matter of this Lease other than those set forth in this Lease and its Exhibits. Page 30 of 35 23.11 PARAGRAPH HEADINGS The paragraph headings herein are for convenience of reference only and shall in no way define, increase or limit the scope or intent of any provision of this Lease. 23.12 PARTIAL INVALIDITY If any term of this Lease, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder, of this Lease, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 23.13 FORCE MAJEURE In any case where either Lessor or Lessee is required to perform any act, delays caused by or resulting from war, fire, flood, unusually severe weather, strikes or other causes beyond such party's reasonable control shall not be counted in determining the time during which such act shall be completed, whether such time be designated by a fixed date, a fixed time or a "reasonable" time, and such time shall be deemed to be extended by the period of the delay. 23.14 RECORDING Lessor and Lessee agree not to record this Lease. Both parties will, at the request of either, execute, acknowledge and deliver a Notice of Lease in a recordable form. Such notice shall contain only the information required by law for recording. 23.15 NO AGREEMENT UNTIL SIGNED No legal obligations shall arise with respect to the Premises or other matters herein until this Lease is executed and delivered by Lessor and Lessee, with all required signatures. 23.16 ACCORD AND SATISFACTION No acceptance by Lessor of a lesser sum than the annual rent or any other charge then due shall be deemed to be other than on account of the earliest installment of such rent or charge due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent or other charge be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such instalment or pursue any other remedy provided in this Lease. Page 31 of 35 23.17 SUCCESSORS AND ASSIGNS This Lease and the covenants and conditions herein contained shall inure to the benefit of and be binding upon Lessor, its successors and assigns, and shall be binding upon Lessee, its successors and assigns, and shall inure to the benefit of Lessee and only such transferees of Lessee as are permitted hereunder. 23.18 LESSOR'S AND LESSEE'S LIABILITY No official, employee, agent or consultant of the Commonwealth of Massachusetts shall be personally liable to the Lessee or to official, employee, agent or consultant thereof, or to any successor in interest or person claiming through or under the Lessee or any partner or shareholder thereof, in the event of any default or breach of this Lease, or for any amount which may become due or on any claim, cause or obligation whatsoever under the terms of this Lease. All claims against Lessor shall be governed by the provisions of this Lease and Chapter 258 of the Massachusetts General Laws. No official, employee or consultant of the Town of Brewster shall be personally liable to the Lessor or to any official, employee, agent or consultant thereof, or to any successor in interest or person claiming through or under the Lessor or any partner or shareholder thereof, in the event of any default or breach of this Lease, or for any amount which may become due or on any claim, cause or obligation whatsoever under the terms of this Lease. All claims against Lessee shall be governed by the provisions of this Lease and Chapter 258 of the Massachusetts General Laws. 23.19 NONDISCRIMINATION Lessee agrees that it shall not, because of race, color, national origin, ancestry, age, sex, religion, physical or mental handicap, or sexual orientation, discriminate against any qualified employee, applicant for employment, subcontractor, or person or firm seeking to provide goods or services to Lessee, or deny any person access to the Premises or to any activities or programs carried out upon the Premises. The Lessee shall comply with all applicable federal and state statutes, rules, and regulations prohibiting discrimination in employment or public accommodation. 23.20 COUNTERPARTS This Lease may be executed in any number of counterparts and each of such counterparts shall, for all purposes, be deemed to be an original and all such counterparts shall together constitute but one and the same Lease. 23.21 DISPUTE RESOLUTION Lessor and Lessee shall make every possible effort to resolve disputes through info iu ial communication prior to proceeding with the formal dispute resolution procedure that follows: The Formal Dispute Resolution procedure shall have the following two stages: Page 32 of 35 a. Stage One shall be conducted by the representative designated by each the Lessor and Lessee. (1) All disputes, complaints and allegations under this Lease will be set forth in writing by the representatives of the complaining party and mailed to the person designated to receive notice; (2) Within Five (5) days of the date of the mailing, the representatives shall meet to discuss the resolution; (3) If the dispute is resolved, the representatives will prepare and sign a joint statement of the terms of the resolution; (4) If the dispute cannot be resolved within fourteen (14) days of the date of the. mailing referred to in number (1), the dispute shall proceed to Stage Two. b. Stage Two shall be conducted by the Commissioner of DCR and the designated representatives of the Lessee. They shall meet within fourteen (14) days of the conclusion of Stage One. If resolution on any issue is reached, a joint statement will be prepared and signed by both parties. Unresolved issues will be identified in a joint written statement. Written statements regarding resolution or non -resolution will be made within twenty-one (21) days of the date that the dispute was referred to Stage Two. In no case shall a dispute remain at Stage Two without resolution for more than twenty-one (21) days. c. Exhaustion of Remedies: The dispute resolution process set forth above must be exhausted as to a particular matter covered by this lease before a party may institute any actions or proceedings in a court of competent jurisdiction, unless the maximum time limits set forth for resolution at each stage have been exhausted. Page 33 of 35 IN WITNESS WHEREOF, on the dates set forth below the Lessor and Lessee have caused this Lease Agreement in counterparts to be signed, sealed and delivered by their duly authorized officers or representatives, respectively. LESSOR Department of Conservation and Recreation By: Kathy Abbott Commissioner, DCR LESSEE TOWN OF BREWSTER o Mitchel hairman of Board of Selectmen Page 34 of 35 THIS PAGE INTENTIONALLY LEFT BLANK Page 35 of 35 EXHIBIT A LAND COURT PLANS J. N SUBDIVISION PLAN OF LAND IN BREWSTEFR Arthur L. Sparrow Co., Surreyore February 1967 jo- Wa 24 I\ I C'. B. e:1r, 5,3• 16 i,95 p1 \. • C. t.. r 25 s1 /(36.S7 N e'.5°uF''� ' 00" wc..B. WAY s'12:1'`:15 `pc) `7:14, 43. I5 .t 22. 6/58.. • 17-9lI S 494./0. rf �,.,n Crlrnrffi CamP xnMOrlarnOy c. .. Subdivisiorn of Part of•`Lot 7 Si vm.on Plan 173996 -Piled-with Cert. of Title'No. 13257 Beg atry Diatrlot of Harnstable County So arale crrlificetes of title may he issued for 1$ d 411,Wnfienea� end�o_JAerl.Ri tixtisZ42. ,2.4¢'1`ff By the Court. A /film ALAI', (?t -3rt �t 0 See ,Sher. -t x /73;S c. e. .5h ¢e. !. C,6. of rt °Ceri l - i :; LANA R SISTRATI .0 srl ,L!,�L M;r a :.14f C . =►�f N ¢� c-.Sf n .c Na m 0703` Separate certificates of title may be issuer for land shown herea1 esLais-444'2 By the Court. SUBDIVISION PLAN OF LAND IN BREWSTER S. R. Sweetser, Engineer June 28, 1956 - /7/6D$ It h rf Copy of ct, of pipe NAND REGISTRATION Of"f7CE �^--- -.L t.a.Y /4 3-6— Scak1J al'th!J is plan IS'O to en inf.!, /� f rL....S. r..r EXHIBIT B SECTION 224 OF CHAPTER 127 OF THE ACTS OF 1999 H 4900 127 changes to said fares shall be subject to subsection (d) of said section 5 of said chapter 161A. SECTION 222. Notwithstanding the provisions of section 153 of chapter 175 of the General haws or the provision of any general or special law to the contrary, any license issued and renewed on or after July 1, 1998 and on or before June,30, 1999 pursuant to said section 163 of said chapter 175; shall expire three years from the date of issuance, unless sooner revoked or suspended, or unless the company by written notice filed with the contdesioner' cancels the acting authority of the agent. Any license issued and renewed on or after July 1, 3999 and on or before June 30, 2000 pursuant to said section 163 of said chapter 175, shall expire two years from the date of issuance, unless sooner revoked or suspended, or unless the company by written notice filed with the commissioner cancels the acting authority of, the agent. Any -license issued and renewed on or after July 1, 2000 and on or before June 30, 2001 pursuant to said section 163 of said chapter 175, shall expire one year from the date of issuance, unless sooner revoked or suspended, or unless the company by written notice filed with the commissioner cancels the authority of the agent. SECTION 223. Notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, the department of housing and community development may authorize neighborhood housing services corporations to retain, reassign, and re -loan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program. SECTION 224. Notwithstanding section 44 of chapter 85 of the acts of 1994, as amended by section fifty of chapter fifteen of the acts of 1996, or • any other general or special law to the contrary, the conuuissioner of the department of environmental management is authorized to convey to the town of flrewster a leasehold 'interest in the Crosby Mansion, so-called,'" and .two cottages in Nickerson State Park; provided, that the use of:said mansion and cottages shall be for town municipal purposes, and far promoting the appreciation of said mansion and historic resources, paid lease shall contain terms and'conditions established by the department, including but not limited to, establishing that (1) the use of said mansion and cottages shall be in compliance with all statutes, regulations and executive orders, including but H 9900 not limited to, those governing environmental protection, (2) the town shall secure and maintain all necessary approvals and permits, (3) the use of said mansion and cottages shall not interfere with the commonwealth's use and operation of adjacent property as a state part, and (4) the term of such lease shall be 25 years, subject to extension for another 10 years at the discretion of said commissioner. The area of said leasehold shall be described in a plan prepared by said department entitled "Land and buildings in Nickerson State Park to be leased to the town of Brewster." Should said uss terminate, or should said commissioner determine that said town has failed to comply with any of the above mentioned or other terms of the established lease entered into between said dapartinent and said town, the property described herein above shall revert to said department. SECTION 225. Notwithstanding the provisions of item 1108-5200 of section 2. to the contrary, there is hereby established in fiscal year 2000 a pilot project to validate the coat -effectiveness, consumer satisfaction and long term viability of establishing the conmlonwealth's share of group insurance colmniseicn premiums and rates at 75 par cent. Said pilot program shall encompass the active employees of the executive office, the office of the secretary of administration and finance, and the fiscal affairs division. Said pilot project shall not apply to part-time employees or employeee subject to collective bargaining agreements for which said 75 per cent rate has not been collectively bargained. The executive director of the group insurance commission shall ensure that an anonymous consumer satisfaction survey of said employees is conducted that evaluates their receptiveness to and appreciation of the savings accruing to the commonwealth under said pilot project; Said survey shall also review the cost sharing required of state employeesin other jurisdictions in relation to the compensation paid to such employees and the cost Of living in said jurisdictions. The results of said survey .shall be reported to the governor and the house and senate committees onWaysand means, no later than March 1, 1999 and shall be taken into consideration in the development of the governor's budget recommendatione for the fiscal year beginning July 1, 2000. SECTION 226. Notwithstanding the provisions of section 2 of chapter 154 of the acts of 1997 or any other general or special law, the Massachusetts Water Resources Authority shall be reimbursed $200,000 from the proceeds of the EXHIBIT C TOWN MEETING VOTE FALL YEARLY TOWN MEETING NOVEMBER 16, 1998 ARTICLE 21 E � WST 0 C Cn Town of Brewster - , MAIN S T R i= E r BREW IER=:}-,SSACHUSETTS 02631 - r 698 L5681 896-2F 506 OFFiC E JOAN C-C.LE TOww;rii LERK NOTARY PUBLi0. To Whom It May Concern: This is to certify that at the t=ail Yearly Town Meeting held November 16, 1998, with a quorum being present, the following article.was adopted. CROSBY MANSION PROJECT ARTICLE 21; To see if the Townq will vote tb 'authorize the Board of Selectmen: to apply. for and accept grants for costs associated with the restoration,:. renovation, maintenance and operation- of the Crosby Mansion; related ouildings and. its associated property as a period house museum and center for natural, historical, and cultural education and civic purposes, contingent upon the State deeding or leasing the long-term care, custody and control of this property to the Town of Brewster, and furthermore, to authorize the Board of Selectmen to enter into a Multi -year lease in excess of five (5) years, and to transfer from available funds a sum of money for this purpose, or to take any other action relative thereto, (Board of Selectmen) MOTION: I move that the Town vote to authorize the Board of Selectmen to apply for and accept grants or gifts of labor, materials, supplies and money for costs associated with the restoration, renovation, maintenance and operation of the Crosby Mansion, related buildings and its associated property as a period house museum and center for natural, historical, and cultural education and civic purposes, contingent upon the state deeding or leasing the long-term care, custody, and control of this property to the Town of Brewster; and furthermore; to authorize the. board Of Selectmen.to either i) enter into a multi year lease in excess of five 5 ()years and to transfer from available funds a sum of money for this purpose; or ii) accept a deed of title to the property for no 'consideration, or iii) negotiate a reasonable purchase price for theproperty contingent upon further Town Meeting approval. I ION: ,ADOPTED :A TRUE COPY ATTEST: ,1 Joan K. Cole Town Clerk . f- EXHIBIT D VOTE OF BOARD OF SELECTMEN ESTABLISHING THE FRIENDS OF CROSBY MANSION COMMITTEE AND THE CHARGE TO SAID COMMITTEE Board of Selectmen Town Administrator 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 C BREWSTER BICENTENNIAL BOARD OF SELECTMEN REGULARLY SCHEDULED MEETING DATE: October 6, 2003 TIME: 6:00 p.m. PRESENT: Selectmen Mitchell, Norton, Cooney, Foley and Hirschman; Town Administrator Sumner; Assistant Town Administrator Douglass; John Cunningham, Deane Keuch and Maggie Downey, Cape Light Compact; Todd LeFleur, Ginny Locke, Brian Locke, Crosby Mansion; Carol Chichetto, Myke Johnson And Neva Johnson, Brewster Peace Organizing Project; Town Counsel Turano-Flores, Elizabeth Taylor, Ed Lewis, Jim Geisler and other interested parties. At 6:00 p.m. Chairman Mitchell called the meeting to order with a quorum present. DISCUSSION OF ENERGY ISSUES — CAPE LIGHT COMPACT John Cunningham, Deane Keuch and Maggie Downey, Administrator, were present to discuss energy issues. 1. House Bill #H1468 —John Cunningham explained the intention of the article. The new bill, if passed, would allow a town to acquire assets from utilities. The utilities would have to acquiesce to this and the price paid would be, as presently stated in the Bill, the original cost minus depreciation. A considerable number of towns support this bill. The Compact has not yet taken a position, but it is leaning toward moral but not active support. 2. Energy Efficiency Program — Deane Keuch reviewed the program, and Maggie Downey went over the numbers for Brewster. She said she would like to see more activity on residential and Commercial and Industrial audits in Brewster, as well as some town projects. The Selectmen were then presented an energy plan up to 2015. Mr. Cunningham felt that the report was well done. It attempts to see BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 2 Cape Cod's anticipated requirements and what the Cape is likely to do about it. He said he will come back with more information at a later date. The Board thanked everyone for the report. A copy of the update is attached. ANNOUNCEMENT BY COMMONWEALTH OF MASSACHUSETTS — INTEREST IN ACQUIRING LAND IN BREWSTER Mr. Sumner said that the land abuts Nickerson State Park. Access is through Nickerson State Park. Mr. Mitchell asked and Mr. Sumner said that with regard to the Town's discussions with the State about a swap of land, the Town is waiting for some title information. He did not believe the town should hinder this acquisition by the State. On a motion by Mr. Foley, seconded by Mr. Norton, it was unanimously voted to read the announcement. LETTER TO GO V. ROMNEY — LAND BANK On a motion by Mr. Norton, seconded by Mr. Foley, it was unanimously voted to sign the letter to Gov. Romney asking for the State's support of funding for the Land Bank. VOTE ON LEASE FOR CROSBY MANSION Mr. Mitchell said that this issue has been ongoing on for many years. Town Meeting voted to allow this activity in 1998. He said that the volunteers of the Friends of the Crosby Mansion want to restore the mansion. Todd LeFleur of the State was present to answer questions. Mr. Mitchell did say that there are legitimate concerns about liability to the town if the volunteers walk away from the project. Attorney Turano-Flores was present and said that the insurance issue has been resolved. She said there was also a concern that the Finance Committee would not have time prior to the Selectmen's Meeting to review the lease. Attorney Turano-Flores said she has received no comments from the Finance Committee as of this date, and she has no indication of concern. She explained that the lease, in its present form, is the same it has been from the start. The lease was done in such a way that in lieu of rent; the person who leases the property will do restoration to the property. Attorney Turano-Flores said the scope of the lease has remained the same since 2000, stating that the lessee is obligated under the lease to do renovations to the property. If the lease is terminated, any monies that have been collected from events at the mansion will have to be transferred to the State. No money will be lost by the Town that was earmarked for any town expenses. BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 3 Mr. Mitchell said a lot of the concern by the Finance Committee could come from the fact that there has been quite a bit of turnover on that Board. Mr. Hirschman said that the Finance Committee indicated to him that there is some confusion or hesitation by the Friends to enter into this lease. Mrs. Locke said that her main concern was the septic system. She said that Attorney Turano-Flores did lead her through the process. She said that the two cottages will bring in up to $65,000 each summer, and after talking with Town Counsel, Mrs. Lock has no problem with the lease. With regard to the formation of the Crosby Property Committee, Mrs. Locke suggested that the President of Seaside East Neighborhood Association be appointed to the committee. Mr. Foley wanted to know about the revolving fund. Attorney Turano- Flores said it is a program that funds itself. Each year a report of receipts and expenditures must be filed at town meeting, or you must go to town meeting and have that requirements waived. Mr. Norton made a motion to accept the Crosby Property Committee to be appointed as follows: One member of the Board of Selectmen The Town Administrator or his/her designee The President of the Seaside East Neighborhood Association, or his/her designee Two members of the Friends of Crosby Mansion The motion was seconded by Mr. Foley and unanimously voted. On a motion by Mr. Norton, seconded by Mr. Foley, it was unanimously voted to authorize the chairman of the Board of Selectmen to execute the agreement between the Town of Brewster and the Commonwealth of Massachusetts for lease of the Crosby property. On a motion by Mr. Norton, seconded by Mr. Foley, it was unanimously voted to set up a gift account for the Crosby Mansion project. On a motion by Mr. Norton, seconded by Mr. Foley, it was unanimously voted to appoint Dyanne Cooney as the liaison to the Crosby Property Committee. REVIEW OF ELEMENTARY SCHOOL CAPITAL EXPENDITURE WARRANT ARTICLE — 4(5) Steve Jones, Chairman of the Brewster School Committee, and members Paul Dixon and Marie Ecochty, Paul Bradstreet, Principal of Eddy BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 4 Elementary School, Peggy Cruckshank, Principal of Stony Brook Elementary School and Mike Gradone, Superintendent of Nauset Regional School District, were present. The Selectmen had a letter requesting a waiver of the requirements to place articles on the warrant. On a motion by Mr. Norton, seconded by Mrs. Cooney, it was unanimously voted to grant a waiver of the requirements to place articles on a warrant. 1. Eddy Elementary School Painting Project --Mr. Jones said the painting project at Eddy Elementary School is an ongoing project. The reason that there is no item for painting of Stony Brook Elementary School is because of the renovations being done at the school. 2. Technology Equipment —Mr. Jones said this is also an ongoing project. The technology equipment would provide the teachers with teaching station computers. When asked, Mr. Jones said the most recent purchases have been for laptops on carts that can be moved from classroom to classroom as needed. This money would be used to purchase 16 laptops and printers. When asked by Mr. Norton, Mr. Jones said it is very important for the teachers to have timely access to the Internet for updated information. 3. Stony Brook School Renovation Project —Mr. Sumner said the Building Needs and Assessment Committee has worked with the principal on the roof renovation, and it is 98% complete. It was generally done on time and on budget. Next, Mr. Sumner would like to continue the exterior renovation. He is meeting Wednesday with the Building Needs Committee to prioritize the envelope work and they hope to have a detailed plan for the School Committee by mid - October. From an economic standpoint, they want to strive to finish the exterior envelope of the Stony Brook Elementary School. MEMORANDUM FROM MIKE GRADONE — SPECIAL EDUCATION COSTS AND RECEIPTS Mr. Jones explained that Brewster. Elementary School budgeted for the enrollment of a child who last year was served by a placement outside the school district. The parents have appealed the return their child to Brewster. He said they are in mediation and eventually the DOE may have to settle the case (potential cost $42,980). D -Y has decided to enroll one of its students in our elementary Learning Skills program. This will net the Town an annual tuition of $33,495. The net deficit will be less than $10,000. Supt. Gradone said he would like suggestions on how to cover the balance. Mr. Sumner said he does not have any suggestions yet, but the Accountant has called DOR. In the end, Mr. Sumner suspects if there is a shortfall, there will have to be a budgetary transfer in November. He said until he gets direction, he will put it in the budgetary transfer article. BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 5 REVIEW OF PLANNING BOARD AND OPEN SPACE WARRANT ARTICLES This item was deferred to October 15th. REVIEW OF PETITIONED WARRANT ARTICLE — PATRIOT'S ACT — 28 Myka Johnson, Carol Chichetto and Neva Flaherty were present to voice their concerns about basic constitutional rights through the petitioned article. They also handed out information on the article, which are attached to the minutes. Mr. Mitchell said he was glad this group raised these points and looked forward to the debate on town meeting floor. Mr. Hirschman and Mr. Norton agreed. Mr. Mitchell did say he had some concerns based upon the very extreme situation the country is in. Ms. Flaherty said that the they are also concerned about investigating terrorism, but she said that the attacks on September 11th came about not because government did not have information. They did have information. She believes there is a need for better coordination by the government in dealing with the information. They are working on that coordination, but Ms. Flaherty did not believe the government has demonstrated the need for more information. Ms. Chichetto said it has been proven that they are doingprofiling with this act. She believes that pieces of the act need to be looked at further because the Act was a reaction to the terrorist attack. RESPONSE TO TAXPAYERS ASSOCIATION LETTER TO SELECTMEN Mr. Sumner said that the Government Study Committee recommended that the Board of Selectmen no longer serve as the Board of Assessors and should appoint a Board of Assessors. The reason that this was done is because the process is very complicated and detailed, and the Selectmen cannot do both roles. Mr. Sumner said the request from the Taxpayers Association is fine, but it has been directed to the wrong agency. The Board of Assessors should be responding. Mr. Sumner said that the Board of Assessors has regular meetings, and it would be appropriate for any citizen to go to a meeting and seek clarification on assessing matters. He said he also spoke with Bruce Anderson, Deputy Assessor, and he has manuals in his office that are available to the public. In the end, if a party is aggrieved by the decision of the Board of Assessors, there is an appeal procedure to the State. Mr. Hirschman said there is a meeting of the Board of Assessors tomorrow night, and he agreed that is the proper forum for this letter. Mr. Sumner said that the Deputy Assessor has just reported a revaluation of the Town of Brewster, and it has been approved by the State. When asked, Mr. Sumner said that when you do a revaluation of 10,000 parcels, there are bound to be mistakes. That is the reason that the town produces the periodical with valuations for the public. BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 6 Mr. Norton reiterated that these people should get on the agenda of a Board of Assessor's Meeting to have their questions answered. Although the Selectmen appoint the Assessors, there is very little they can do regarding their decisions. Mr. Mitchell did say that the Selectmen absorb the information given to them and at appointment time it can be reviewed. Susan McInerney asked whether these people could come back to the Selectmen if they are not satisfied with the answers they receive from the Board of Assessors. Mr. Mitchell said that if they are rudely treated, yes. If it has to do with technical information, there are other ways of appealing the decision. Mr. Geisler said it is not a question of taxes; it is the process. Ms. Cooney said that she looked through the valuation book and had some concerns about values in certain areas. She met with Mr. Anderson, and he explained the process. She said he answered a lot of her questions about the process in a very short period of time. Ms. Cooney said she would encourage anyone who has questions to make an appointment with Mr. Anderson. She did say that if anyone goes to the Assessor's Office and is not getting satisfactory information, the first thing they should do is get on an agenda of the Board of Assessors, since that is the proper forum to address concerns about the Assessor's Office. ACTION ITEMS 4. Chapter 70 Formula —With regard to the letter from Rep. George regarding changes to the Chapter 70 formula, Mr. Mitchell said one item is the fact that Cape Cod suffers because the basis of the old formula has to use property values. The Cape would like to have heavier weight placed on average income, and not look at the fact that property values are soaring. Mr. Norton agreed. Mr. Mitchell said that the Selectmen are not experts on the formula; their expertise is in the inequities with the formula toward Cape Cod. 5. Water Quality Informational Meeting —Mr. Norton said that she will attend the meeting on October 25th. On a motion by Mr. Norton, seconded by Mr. Foley, it was unanimously voted to approve Action Items 1-6. A copy is attached. SELECTMEN 1. FY05 Budget -Mr. Foley said that the other towns in the Nauset Regional School District have given direction for the FY05 budget. Mr. Sumner said he would prefer to make a projection when he has better information. BOARD OF SELECTMEN OCTOBER 6, 2003 PAGE 7 At 8:20 p.m. on a roll -call vote, it was voted to go into Executive Session under Massachusetts General Laws, Chapter 39, Section 23B for the purpose of discussion of Collective Bargaining and not to return to public session. Roll -Call Vote: Mr. Mitchell Yes Mr. Norton Yes Mrs. Cooney Yes Mr. Foley Yes Mr. Hirschman Yes October 15, 2003. Approved /meg Peter G. Norton, Clerk ACTION ITEMS OCTOBER 6, 2003 l Request from Business and Professional Women of Lower Cape Cod to sign a proclamation declaring October 20 -24th National Business Women's Week. 2 Two requests for permission to access over the Town's Landing at Breakwater Beach a. 257 Crocker Lane b. 268 Breakwater Road 3 The Department of Public Works would like the Selectmen to declare surplus of several roll -off boxers and a drop bottom dumpsters. TOWN ADMINISTRATOR RECOMMENDATIONS This is a yearly request. I would recommend the Board sign the proclamation. I have attached some background information for your review and decision. I would recommend the Board declare these pieces of equipment surplus. 4 I received a letter from Rep. George in which he asks for suggestions regarding changes to the Chapter 70 formula. Please let me know whether you have any ideas. 5 On October 25, 2003 at 10:00 a.m. there will be a Water Quality Informational Meeting at the Brewster Ladies Library. The Pond Monitoring Volunteer/Coordinator, Jane Johnson would like one of the Selectmen to come to this meeting to say thank -you to the group. It should only take an hour. 6 I have two deed restrictions for your signature a. Lot 8 Atwood Circle b. Lot 8 At Long Pond Landing Board of Selectmen Town Administrator 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 Charge of the Crosby Property Committee (9/03) co BREWSTER BICENTENNIAL The Crosby Property Committee is intended to be the Town working body to carry out the mission, as described in Special Legislation adopted as section 224 of the Massachusetts Department of Environmental Management's FY 1999 budget, which authorized the Town to lease property and renovate State-owned buildings and grounds known as the Crosby Property. The Town and the State are partners in undertaking the project as dictated by the 1998 Town Meeting vote and the further authorized by the 1999 Special Legislation enacted by the State. As a working committee, recommended by Town Counsel and Counsel for the State Department of Environmental Management, the Crosby Property Committee will be a Town -appointed committee to oversee the management of the premises leased by the Town from the State. The Committee shall be comprised of: one member of the Board of Selectmen the Town Administrator or his/her designee and three (3) Brewster residents The Committee shall create a framework and formalize policies, procedures, guidelines and/or protocols for the operation, renovation and ongoing management of the Crosby property as described in the lease between the State and the Town. The Committee's initial charge and purpose will be as follows: GOAL 1.) The restoration and enhancement of the Crosby Mansion and related properties and buildings and buildings to create ongoing community facilities and resources on the property that will encourage and inspire historic, cultural, scientific, recreational and educational programs and opportunities, both on the site and throughout the community. Objective 1.1 Work cooperatively to restore the cottages as both a means of providing for the mansion and the property renovation and enhancement projects, and a resources for small community/educational groups of no more than twenty (20) people for coastal or preservation related study. EXHIBIT E LIST OF PERMITTED USES AND ACTIVITIES EXHIBIT E LIST OF PERMITTED USES AND ACTIVITIES The Commonwealth of Massachusetts, Department of Conservation and Recreation, hereby authorizes the Town of Brewster, acting by and through its Board of Selectmen and Friends of Crosby Mansion Committee, during the Term of the Lease, to provide for the continued restoration and maintenance of the Albert Crosby Mansion, an historic building within Nickerson State Park, to provide restoration and maintenance of the surrounding grounds, including the Graham and Sully cottages, and to host educational and cultural programming and community events on the Premises. These Permitted Uses and Activities include the following: 1. Rental of the Cottages to the general public as residential seasonal units at a rental fee equal to the fair market value established by the listing real estate agent retained by the Lessee. 2. Interior and Exterior Restoration Activities 3. Fundraising Activities 4. Open Houses 5. Art Exhibits 6. Weddings 7. Auctions 8. Art, Music, History and other Educational Programs 9. Community Events 10. Committee Meetings for Not for Profit Groups 11. Meetings of Local Groups, including but not limited to, local art, historical, musical, theatrical, astronomy and woodworking groups. The Town of Brewster and the Commonwealth of Massachusetts may, at any time during the Term of the Lease, agree to expand this List of Permitted Uses and Activities, provided such agreement is memorialized by a formal amendment to this Exhibit E, fully executed by both parties to the Lease. EXHIBIT F LIST OF REQUIRED IMPROVEMENTS AND MAINTENANCE ACTIVITIES AND CONSTRUCTION SCHEDULE EXHIBIT F LIST OF REQUIRED IMPROVEMENTS, MAINTENANCE ACTIVITIES AND CONSTRUCTION SCHEDULE The general purpose of this document is to define the minimum improvements and maintenance services and standards for the Premises defined in the Lease Agreement between the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (the "Lessor"), and the Town of Brewster, acting by and through its Board of Selectmen and Friends of Crosby Mansion Committee (the "Lessee"). In accordance with the provisions of said Lease, the Lessee is responsible for the rehabilitation and ongoing maintenance of the Premises. It is the Lessor's goal to work with the Lessee in setting the annual priorities for both capital expenditures and on -going maintenance work to secure the property and minimize the expenditures in future years. The Lessor will work accordingly with the Lessee to insure the proper protection of the Premises. I. REQUIRED IMPROVEMENTS AND CONSTRUCTION SCHEDULE The parties have agreed to the following list of Required Improvements and estimated Construction Schedule. Should delays result requiring an extension of time to complete the Required Improvements, the parties to the Lease shall agree to extend the Estimated End Date for the particular Required Improvement involved by executing an Amendment to this Exhibit E. A. Graham Cottage Estimated Estimated Start Date End Date 1. Bring up to current codes 2003 2003 2. Replace deck and stairs - 2003 2003 3. Replace windows and exterior doors as needed 2003 2003 4. Remove poison ivy and invasive 2003 2003 plants, re -vegetate 5. Interior re -painting 2003 2003 6. Replace plumbing, as needed 2003 2003 7. Repair roof, as needed and chimney 2003 2003 8. Install septic system 2003 2003 9. Replace exterior shingles where needed 2003 2005 10. Replace corner posts 2003 2003 11. Replace bulkhead & cellar stairs 2003 2003 12. Restore hardwood floors 2003 2006 13. Re -wallpaper where needed 2003 2006 B. Sully Cottage 1. Bring up to current codes 2. Replace deck and stairs 3. Replace windows and sliders as needed 4. Remove poison ivy and invasive plants 5. Re -vegetate area as needed 6. Interior re -painting 7. Replace plumbing, as needed 8. Repair/replace roof, as needed 9. Install septic system 10. Replace carpeting 11. Re -wallpaper, where needed C. Crosby Mansion & 1S32 House 1. Bring electricity up to current codes 2. Install septic system for Function Room only 3. Install necessary plumbing 4. Bring in permanent water system 5. Build bathroom off Function Room, if feasible 6. Install air/heat/sprinkler in Function Room 7. Improve acoustics & interior appearance of Function Room 8. Replace porch floor 9. Repair/replace ceilings, as needed 10. Interior painting and wallpapering 11. Install inside and exterior doors in Hall South of Billiard Room 12. Repair roof, gutters, downspouts 13. Paint exterior trim, 2d and 3d levels 14. Repair 3d floor windows 15. Replace 3d floor dormer windows D. Crosby Cottage 1. Finish shed over water meter 2. Repair roof 3. Install septic system 4. Restore & renovate cottage to standards suitable for residential occupancy Estimated Start Date 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 Estimated End Date 2005 2005 2005 2005 2007 2004 2005 2005 2005 2005 2004 Estimated Estimated Start Date End Date ongoing 2015 2015 2015 2015 2015 2009 2006 ongoing ongoing 2007 2015 2015 2015 2015 2015 2009 2007 2015 2020 2008 2008 completed completed completed completed Estimated Start Date 2004 2007 2009 2009 Estimated End Date 2004 2008 2010 2010 E. Garage If conditions allow, restore and renovate structure to standards suitable for storage and shop use F. Grounds Estimated Estimated Start Date End Date 1. Replace two front gates 2004 2006 2. Replace wooden portion of front fence with chain 2005 2006 IL MAINTENANCE ACTIVITIES "Maintain" 1) To preserve or keep in a given existing condition, as of efficiency or repair; 2) To keep in existence; sustain "Maintenance" 1) The action of maintaining; 2) The work of keeping something in proper condition. 3) A means of maintaining or supporting. The American Heritage Dictionary A. Annual Property Maintenance Annual maintenance is a routine, repeated action or process which results in the continuous preservation of a property in its rehabilitated condition. Such actions can be scheduled at predicted intervals and will serve to mitigate "wear and tear" or deterioration of a property, and to repair or replace broken or deteriorated items, elements or surfaces so as to keep up the appearances of the structure(s). Such actions also serve to protect historic fabric and other elements from further deterioration or damage. Examples of annual property maintenance include, but are not limited to: cleaning and oiling thegutters, clearing the downspouts, washing the windows, mowing the lawn, raking leaves, etc. B. Maintenance Standards In order to keep the Premises - both buildings and lease areas - in good, operable condition, the following minimum standards shall apply: General Standards: The Premises shall be maintained in accordance with the applicable Park Management Plan, Management Profile and/or the standards outlined in the Policy Directive Handbook. Particular attention shall be given to the exterior appearance of the Premises. Exterior maintenance shall include, but not be limited to, keeping the property clean and free of debris, removing from view, or storing off -site, boats, trailers, recreational vehicles, unregistered and/or "junk" vehicles, agricultural equipment and/or similar equipment or vehicles and, generally, keeping the property to the same level of maintenance as that of the park in which it is located. Sanitation: Premises shall be kept clean and free of litter and debris. Trash and other wastes shall be removed on a regular basis. The Lessee shall keep the building(s) free of rodents and other animals that may cause damage to the building(s) itself or may cause health violations. In the event farm or domestic animals are kept by the Lessee, animal wastes shall be removed on a weekly, or daily, basis as deemed necessary by the Lessor. Buildings Exteriors: Buildings shall be kept tight to the weather by installation of watertight roofing, protective paint coatings and other means by which water is kept away from penetrating into the building and its foundation. Structural: Building Systems: Buildings shall be kept dry, structurally sound and in good repair. While under structural repair, buildings shall be stabilized and properly protected to prevent further damage to the building or to persons performing or observing the work in progress. All building repairs shall comply with all applicable state and/or local building codes. In the event repairs and/or restoration can not occur immediately, the building shall be stabilized, in accordance with recognized preservation standards, so that further deterioration will not occur. All building systems (plumbing, heating, air conditioning, electrical, smoke detector, fire suppression, security alarm systems and other building systems) shall be kept operable and in good repair and shall comply with applicable state and/or local building codes. The Lessee shall take every measure to prevent water leaks and resultant damage, electrical shocks or failure, and other similar damage that may result from the failure of a building system. Environmental: The Premises shall be kept free of environmental contaminants or hazards. These contaminants or hazards may include, but not limited to, the following: unregistered vehicles, unused/antiquated agricultural machinery or vehicles or parts thereof, lead paint, asbestos, automotive lubricants, hazardous and/or toxic materials, used tires, tree stumps, road salts and other potential contaminants to the ground. Landscaping: If applicable, the Lessee shall maintain a septic system in compliance with the State of Massachusetts Sanitary Code (Title V) and shall maintain a potable water supply in accordance with State and local standards. The Lessee shall keep the lease area in good condition. Grounds shall be free of litter or debris, clear of clutter and, generally, shall be kept neatly and attractively. Where applicable, the Lessee shall maintain the landscaped areas of the property in accordance with recognized standards for maintenance of historically -significant landscapes. The Lessee shall exercise every effort to protect, stabilize and maintain significant landscape features for interpretation and, ultimately, for restoration. Public Safety: The Lessee will take every reasonable action to minimize hazards and promote public safety within the Premises. This may include, but not be limited to, removal of snow and ice from pathways and building roofs during the winter months, raking and removal of leaves, removal and/or limitation of visitors within buildings under construction, no or limited chemical use within the lease area, limiting access to any excavation and/or dangerous conditions within the lease area, etc. C. Guidelines for Maintenance and Checklists In an effort to assist the Lessee with guidelines for annual and cyclical maintenance of the Premises, DCR's Guidelines for Maintenance of Historic Curatorship Properties, which includes the following checklists should be utilized: 1. Building Maintenance Quickcheck 2. Annual and Cyclical Building Maintenance Checklist 3. Landscape Maintenance Quickcheck 4. Annual and Cyclical Landscape Maintenance Checklist These checklists can be used by the Lessee as well as Lessor to regularly assess the conditions of the Premises. Furthermore, and perhaps most importantly, these checklists can and should be amended as the Premises is developed, to address unique problems or circumstances existing on a specific property. The incorporated checklists recommend frequency of repairs, both annually and cyclically, and consider the life span and replacement of a number of building and landscape elements. D. Documents and Resources Appendix A and Appendix B are incorporated into these standards by reference. Appendix A consists of a bibliography of books and publications, pertaining to building and landscape history, maintenance and restoration, that may assist the Lessee in the maintenance and restoration of the Premises. Appendix B is a list of non-profit preservation resources in New England, who may provide technical assistance to the Lessee. EXHIBIT G RECOMMENDED STANDARDS FOR REHABILITATION OF PROPERTY EXHIBIT G RECOMMENDED STANDARDS FOR THE REHABILITATION OF THE PROPERTY Section A - Preservation Standards DCR requires that the exterior of the Premises be preserved in its existing architectural style. Interior space may be adaptively used, but remaining original detail is to be retained to the greatest extent possible. Preservation work and maintenance will be done by the Lessee with plans, specifications and the work itself reviewed and approved by DCR, in consultation with MHC. 2. The following general standards, as well as the Secretary of the Interior's Standards for the Treatment of Historic Properties (1992) should govern the specific approach to preservation and use of the exterior and interior of the Premises: a. Every reasonable attempt shall be made to provide for compatible uses that require minimal alterations. b. The proposed uses of the Premises must maximize both immediate and long range preservation of the structure and its environment. c. The distinguishing qualities and character of the Premises shall not be destroyed. Distinctive architectural and/or significant site features are not to be altered, and any historic material identified in the course of renovations is not to be removed from the building without the express approval of DCR. d. All treatment that may affect surface or subsurface disturbances within the lease area must be evaluated by an archaeologist for potential effects to archaeological resources. If it is determined that an archaeological survey is necessary it should be conducted under permit from the state archaeologist at the Massachusetts Historical Commission in accordance with 950 CMR 70. Should artifacts be discovered in the course of the project, they should be investigated and recorded by an archaeologist permitted by the state archaeologist, and turned over to the appropriate curatorial facility in accordance with Massachusetts General Laws, Chapter 9 Sec. 27c. e. With regard to the interior of the property, DCR's preference is for historical fabric to be preserved. However, DCR is prepared to cooperate with the Lessee in developing an adaptive reuse program which insures the economic viability of the project while satisfying the Departments objective of preserving the property. f. Every attempt shall be made to maintain and care for the cultural and natural environment. Any earthmoving and excavation shall be reviewed by DCR. Section B - Construction Standards DCR requires that all improvements to the property comply with the following codes and standards: a. Massachusetts State Building Code Edition 5; b. State Plumbing Code; c. DEP Title V; d. Chapter 131; e. all other applicable local codes EXHIBIT H LESSEE'S BENEFICIAL INTEREST DISCLOSURE STATEMENT Disclosure of Beneficial Interests in Real Property Transaction - This form contains'a disclosure of the names and addresses of all persons with a direct or indirect beneficial interest in the real estate transaction described below. This form must be filed with the Massachusetts Division of Capital,Planning and Operations, as required by M.G.L. c.7, §40J, prior to the conveyance of or execution of a :lease for the real property described below. Attach additional sheets if necessary. 1. Public agency involved in this trarisacticn: [Name of jurisdiction]. 2, Complete legal description of the property: . Type of transaction: ❑ Sale 0 Lease or rental for [term]: 4. Seller(s) or Lessor(s): P6rcheser(s) or Lessee(s): 5. Names and addresses of ail persons whohave or will have a direct or indirect beneficial interest in the real property described above. Nate: If a corporation has, or will have a direct or indirect beneficial interest in the real property, the names of all stockholders (trust also be listed except that, if the stock of the corporation is fisted for sale to the general public, the Warne of any person holding less than ten percent of the outstanding voting shares need not be disclosed Address (Continued on next page) C-21 5. Continued None of the persons listed in this section is an official elected to public office in the Commonwealth of Massachusetts except as noted below: Name Title or position 6. This section must be sighed by the individual(s) or organization(s) entering into this real property transaction with the public agency named in item 1. If this fort is sighed oh behalf of a corporation, it must be signed by a duly authorized officer of that corporation. The undersigned acknowledges that any changes or additions to item 4 of this fort during the term of any lease or rental will require filing a hew disclosure with the Division of Capital Planning and Operations within 30 days foilowing the change or additidh. The undersigned swears under the pains and penalties of perjury that this form is complete and accurate in all respects. Signature: Printed name: . Title:- Date: C-22