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Home My Public Portal AboutSelect Board Meeting Packet - 03.14.22Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Human Resources MEMORANDUM TO: Select Board FROM: Susan Broderick, Human Resources Director RE: FY23 Fixed Rate and Salary Scale DATE: March 10, 2022 For your review and approval is the FY23 Fixed Rate and Salary Scale. This scale encompasses the Town’s seasonal positions, as well as many of our part-time positions. The Select Board has a policy that this wage scale will be reviewed annually, as these employees do not receive automatic cost of living or merit increases. This policy also states that the Town will use the current MA minimum wage as its lowest legal level of pay for seasonal positions. Past practice has been to extend this policy to all positions in the Fixed Rate & Salary Scale. The scale was sent to Department Heads for their review and recommendations for the FY23 wage scale. Department heads have included the increases in minimum wage in their FY23 budgets. As you may recall in June of 2018, Governor Baker signed a bill that over a period of five years will raise the minimum wage to $15.00 per hour: January 1, 2019 minimum wage increased from $11.00 to $12.00 January 1,2020 $12.75 January 1,2021 $13.50 January 1,2022 $14.25 January 1,2023 $15.00 You will find that a majority of the wage scales encompass a larger differential in the minimum versus maximum pay. This is to account for the January 1st increases in the minimum wage that will occur in the middle of a fiscal year. The Department Heads with employees in the Fixed Rate & Salary Scale support continuing to follow the minimum wage increases, especially those who rely heavily on seasonal staff. There have been three new positions added to the scale. The seasonal positions of Sea Camps Gate Keeper, Natural Resources Assistant, and the part-time Public Health Nurse. The positions were discussed during budget presentations and have been included in FY23 budgets. FY2021 FY2022 FY2023 Edit Date: March 11, 2022 Min Max Min Max Min Max 1 Board of Registrars: Head Registrar $13.25 $14.00 $14.00 $14.75 $14.75 $15.50 Registrars $13.00 $13.75 $13.75 $14.50 $14.50 $15.25 Assistant Registrars $12.75 $13.50 $13.50 $14.25 $14.25 $15.00 2 Election Workers: Wardens $13.65 $14.40 $14.40 $15.15 $15.15 $15.75 Deputy Wardens $13.35 $14.10 $14.10 $14.85 $14.85 $15.50 Clerks $13.05 $13.80 $13.80 $14.55 $14.55 $15.25 Checkers & Counters $12.75 $13.50 $13.50 $14.25 $14.25 $15.00 3 Police Department (Part-time): Police Matrons a. Day (8am - Midnight)$12.75 $16.00 $13.50 $17.00 $16.00 $22.00 b. Night (Midnight - 8am)$15.00 $21.00 $15.50 $21.00 $17.00 $23.00 Police Dispatchers (Part-time)$15.00 $21.00 $15.50 $21.50 $17.00 $23.00 4 $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A $41.00 N/A $42.00 N/A $44.00 N/A 5 Natural Resources Department: Water Quality/Asst. Constable $12.75 $15.75 $13.50 $15.75 $14.25 $16.25 Shellfish Laborer/Warden $12.75 $15.00 $13.50 $15.00 $14.25 $16.25 Natural Resources Assistant New in FY22/23 $17.00 $20.00 $17.00 $20.00 6 $1,100.00 N/A $1,100.00 N/A $1,100.00 N/A $1,500.00 N/A $1,500.00 N/A $1,500.00 N/A Assistant Wiring Inspector Stony Brook Mill Alewife Warden (Annual Stipend) Miller (Annually) Gas Inspector Assistant Gas Inspector Assistant Building Inspector Plumbing Inspector Assistant Plumbing Inspector Wiring Inspector TOWN OF BREWSTER PERSONNEL BYLAW EMPLOYEES FIXED RATE AND SALARY SCALE Inspector Positions (Incl. Trans): Alternate Building Commissioner SEASONAL & ANNUAL PART-TIME POSITIONS: The following employees do not receive automatic annual cost of living increases, nor are they eligible for annual merit increases. The Board of Selectmen shall review these wage rates from time to time at their discretion with respect to market conditions. 7 $13.00 $18.00 $14.00 $19.00 $15.00 $20.00 $13.00 $16.00 $14.00 $17.00 $15.00 $18.00 $14.00 $19.00 $15.00 $20.00 $16.00 $21.00 $13.00 $17.00 $14.00 $18.00 $15.00 $19.00 $30.00 $60.00 $40.00 $70.00 $50.00 $80.00 $14.00 $19.00 $15.00 $20.00 $16.00 $21.00 $13.00 $16.00 $14.00 $17.00 $15.00 $18.00 Head Lifeguard $15.00 $21.00 $16.00 $22.00 $17.00 $23.00 $13.00 $18.00 $14.00 $19.00 $15.00 $20.00 $13.00 $18.00 $14.00 $19.00 $15.00 $20.00 Beach Monitor/Ambassador $15.00 $21.00 $15.00 $22.00 $15.00 $22.00 New in FY22/23 $15.00 $22.00 $15.00 $22.00 $17.00 $23.00 $18.00 $24.00 $19.00 $25.00 $15.00 $20.00 $16.00 $21.00 $17.00 $22.00 Head Counselor $14.50 $19.00 $15.00 $20.00 $16.00 $21.00 Counselors - Playground $12.75 $16.00 $13.50 $16.50 $14.25 $17.50 $12.75 $15.00 $13.50 $16.00 $14.25 $17.00 $16.00 $21.00 $17.00 $22.00 $18.00 $23.00 $15.00 $18.00 $16.00 $19.00 $17.00 $20.00 $13.00 $16.00 $14.00 $17.00 $15.00 $18.00 $16.00 $21.00 $17.00 $22.00 $18.00 $23.00 $15.00 $18.00 $16.00 $19.00 $17.00 $20.00 $13.00 $17.00 $14.00 $18.00 $15.00 $19.00 8 $12.75 $20.00 $13.50 $20.00 $14.25 $20.00 $12.75 $16.00 $13.50 $16.00 $14.25 $17.00 $12.75 $15.00 $13.50 $15.00 $14.25 $16.00 9 $12.75 $19.00 $13.50 $19.50 $15.00 $20.50 Permit Sales Clerks $12.75 $17.00 $14.00 $18.00 $15.00 $19.00 Permit Sales Office Supervisor $15.00 $20.00 $15.00 $20.00 $16.00 $22.00 Custodian (Part-time)$13.52 $19.00 $14.00 $19.50 $15.00 $20.50 Public Health Nurse New in FY22/23 $30.00 $40.00 $30.00 $40.00 Temporary Laborer Seasonal Grounds Worker Seasonal Clubhouse/Proshop Shift Worker Seasonal Golf Operations Workers Other Departments: Assistant Tennis Director Tennis Instructor Sailing Director Assistant Sailing Director Sailing Instructor Captains Golf Course: Water Safety Instructors Lifeguards Playground Director Playground Assistant Director Playground Junior Leaders Tennis Director Sea Camps Gate Keeper Seasonal Clerical Support Program Instuctor Assistant Program Instructor Referee & Umpires Swim Program Director Assistant Swim Director Recreation Department: Program Coordinator Archive d: Friday, March 11, 2022 3:39:49 PM From: Amy von Hone Se nt: Fri, 11 Mar 2022 19:27:21 +0000Authentication To: website Cc: amy@laurel-school.org; 'info@thefamilyschools.com'; Angie Stagakis; Bonnie Hartung; Claudia Cope-Crosen; Dian Birch; Heather Stamp; Karen Farrell; Karen LaBranche; Mary Ellen Reed; Mellissa Miller Subje ct: Brewster COVID Case Updates Se ns itivity: N ormal Attachme nts : Age Brewster Residents with Active COVID Infections 02.20.22-03.05.22.pdf; Age Brewster Residents with Active COVID Infections 02.20.22- 03.05.22.pptx; COVID+ Data Chart 03.05.22.pdf; COVID+ Data Chart 03.05.22.pptx; Weekly-Municipality-COVID-19-Vaccination-Report-03-10-2022 BREWSTER.xlsx; Bre w ste r Cum ulativ e Case s: 1492 (1267 re side nts, 225 in long-te rm care facilitie s) New COV ID cases have stabilized over the last 2 weeks with 7 and 10 cases i n the ge ne ral population for each we e k respectively. Long Te rm Care Faciliti e s re port no ne w cases amongst residents or staff. Although there was a sl i ght incre ase i n case s last week ove r the prior week, the total case count includes multi pl e case s per household, so that the number of ne w addre sse s aff e cted remai ne d the same . The posi tivi ty rate for Brewste r continues to drop: 3.48% f or the l ast two weeks compared to 4.62% for the prior week’s re porti ng. Amy L. von Hone , R.S., C.H.O. He alth Di rector Bre wste r Heal th Departme nt 2198 Main Street Bre wste r, MA 02631 (O) 508-896-3701 X1120 (F) 508-896-4538 Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-ma.gov Weekly Count of New COVID-19 Infections: March 8, 2020 – March 5, 2022 5 3 1 2 0 2 0 0 0 1 0 2 0 0 0 0 1 2 5 2 0 0 0 0 2 0 2 1 2 3 0 1 4 1 3 6 6 13 22 117 202425 53 2420 8 8 5 1113 21 32 2125 12 6 7 3 3 1 0 1 0 0 0 0 2 3 5 914 7 91215 6 9 9 8 5 5 5 5 9 20 39 21 29 4847 54 82 118 545457 34 9 20 710 0 3 3 7 53 14 2 0 1 1 1 0 1 1 0 3 0 0 1 5 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 2 2 1 0 2 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 7 0 3 0 0 0 0 0 0 1 1 11 38 30 18 4 3 1 0000 20 40 60 80 100 120 140 3/15-3/213/29-4/44/12-4/184/26-5/25/10-5/165/24-5/306/7-6/136/21-6/277/5-7/117/19-7/258/2-8/88/16-8/228/30-9/59/13-9/199/27-10/310/11-10/1710/25-10/3111/8-11/1411/22-11/2812/6-12/1212/20-12/261/3-1/91/17-1/231/31-2/62/14-2/202/28-3/63/14-3/203/28-4/34/11-4/174/25-5/15/9-5/155/23-5/296/6-6/126/20-6/267/4-7/107/18-7/248/1-8/78/15-8/218/29-9/49/12-9/189/26-10/210/10-10/1610/24/10/3011/7-11/1311/21-11/2712/5-12/1112/19-12/251/2-1/81/16-1/221/30-2/52/13-2/192/27-3/5New Brewster COVID-19 Cases Resident (1267 Total)Long Term Care (225 Total staff & patients) Ages of Brewster Residents with Active COVID-19 Infections 0-9 years (3) 43% 10-19 years (1) 15% 20-29 years (0) 0% 30-39 years (1) 14% 40-49 years (0) 0% 50-59 years (0) 0% 60-69 years (1) 14% 70-79 years (1) 14% 80+ years (0) 0%0-9 years (3) 10-19 years (1) 20-29 years (0) 30-39 years (1) 40-49 years (0) 50-59 years (0) 60-69 years (1) 70-79 years (1) 80+ years (0) February 20 – February 26, 2022 % COVID Infections in Age Groups % COVID Infections in Age Groups 0-9 years (0) 0% 10-19 years (1) 10% 20-29 years (2) 20% 30-39 years (2) 20% 40-49 years (0) 0% 50-59 years (1) 10% 60-69 years (2) 20% 70-79 years (1) 10% 80+ years (1) 10% 0-9 years (0) 10-19 years (1) 20-29 years (2) 30-39 years (2) 40-49 years (0) 50-59 years (1) 60-69 years (2) 70-79 years (1) 80+ years (1) February 27 – March 5, 2022 BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 03/10/2022 Town Age Group Population Proportion of town population Individuals with at least one dose Individuals with at least one dose per capita Proportion of town individuals with at least one dose Fully vaccinated individuals Fully vaccinated individuals per capita Proportion of town fully vaccinated individuals Partially vaccinated individuals Partially vaccinated individuals per capita Proportion of town partially vaccinated individuals Individuals with booster doses Individuals with booster doses per capita Proportion of town individuals with booster doses Brewster 5-11 Years 516 5%255 49%3%237 46%3%18 3%2% -0%0% Brewster 12-15 Years 369 4%297 80%3%271 73%4%26 7%3%72 19%1% Brewster 16-19 Years 367 4%292 80%3%267 73%3%25 7%2%139 38%3% Brewster 20-29 Years 681 7%699 >95%8%586 86%8%113 17%11%274 40%6% Brewster 30-49 Years 1,444 15%1,456 >95%17%1,275 88%17%181 13%18%677 47%14% Brewster 50-64 Years 2,323 23%2,070 89%24%1,883 81%25%187 8%19%1,205 52%25% Brewster 65-74 Years 2,349 24%2,095 89%24%1,851 79%24%244 10%24%1,481 63%31% Brewster 75+ Years 1,592 16%1,512 95%17%1,305 82%17%207 13%21%995 63%21% Brewster Total 9,926 100%8,676 87%100%7,675 77%100%1,001 10%100%4,843 49%100% * = total < 30 individuals Archive d: Friday, March 11, 2022 9:38:32 AM From: Connor, Caroline A (DPH) Se nt: Thu, 10 Mar 2022 20:05:23 +0000ARC To: Connor, Caroline A (DPH) Cc: McCarthy-Licorish, Lisa N (DPH) Subje ct: Department of Public Health Updates COVID-19 Death Definition Se ns itivity: Normal FOR IMMEDIATE RELEASE CONTACT Ann Scal es Ann.Scales@mass.gov Department of Public Health Updates COVID-19 Death Definition Revised data capture mor e accur ately the acute impact of COVID in the Commonwealth BOSTON (March 10, 2022) – Beginning Monday, March 14, the Mass achus etts Department of Public Health (DPH) will update the criteria us ed for identifying COVID-19 deaths to align with guidance from the C ouncil of State and Territorial Epidemiologis ts . Currently, the COVID death definition includes anyone who has COVID lis ted as a caus e of death on their death certificate, and any individual who has had a COVID-19 diagnosis within 60 days but does not have COVID lis ted as a caus e of death on their death certificate. The updated definition reduces this timeframe from 60 days to 30 days for individuals without a CO VID diagnosis on their death certificate. The revision follows the recommendation of the Council of State and Territorial Epidemiologists (CSTE), in collaboration with the US Centers for Dis ease Control and Prevention (CDC), to create a s tandardized approach for s tates to use for counting CO VID-19 deaths . Several other s tates are adopting this definition. Mas sachusetts has applied this new definition retroactively to the start of the pandemic in March 2020. As a res ult, 4,081 deaths in Mas s achus etts that were previous ly counted as ass ociated with COVID will be removed. In addition, approximately 400 deaths not previously counted but identified throug h a manual proces s of matching death certificates with medical records will be added to the COVID-19 death count. The state’s overall C OVID death count, therefore, will decline by 3,700. “We are adopting the new definition becaus e we s upport the need to standardize the way COVID-19-as sociated deaths are counted,” said DPH State Epidemiologist Dr. Cat herine Brown. “Prior to the C STE definition, s tates did not have a nationally recommended definition for COVID-19 deaths and, as s uch, have been us ing a variety of proces ses and definitions to count their deaths . In Mas s achus etts , our definition has consis tently been broader than mos t other s tates . After a deep dive into our data and reviewing thous ands of death certificates we recog nize that this updated definition gives us a truer picture of mortality ass ociated with C OVID-19.” “It is important to unders tand that we cannot identify all COVID-19 deaths with 100 percent accuracy,” said Nicolas Menzies, Associate Professor of Global Health at the Harvard T.H. Chan School of P ublic Health. “The revis ed definition for COVID-19 deaths is a reas onable balance between s ens itivity and s pecificity and will make it eas ier to compare Mas sachusetts death data with data from other juris dictions.” “Updating this important metric is a neces s ary s tep to help us better gauge the current severity of the pandemic and its impact on our health s ys tem and s ociety as a whole,” said Dr. Helen Boucher, Int erim Dean of Tufts University School of Medicine, Ch ief Academic Officer at Tufts Medicine and infectious disease physician at Tufts Medical Cent er and member of the Gov ernor’s Medical Advisory Board. “The ability to be nimble and quickly adapt to changing circums tances demons trates Mas s achus etts ’ continued leaders hip in COVID-19 data reporting and analys is .” Early in the pandemic, and abs ent clear national guidance, DPH matched COVID-19 surveillance cas e information with death certificates to identify deaths in people who tes ted positive for the virus but did not have COVID lis ted as a cause of death. To avoid the poss ibility of mis s ing any C OVID-as s ociated death, anyone who tes ted pos itive for C OVID and died was counted as a COVID-as s ociated death regardles s of the length of time between their diagnos is and their death or whether COVID was lis ted as the caus e on their death certificate. This approach was overly broad and led to an overcounting of COVID-19- ass ociated deaths . Beginning in April 2021, bas ed on the growing knowledge about COVID-19 and an analys is of deaths in Mas s achus etts up to that point, DPH updated the way it counted deaths . COVID-19-as sociated deaths s till included anyone with COVID-19 listed as a caus e of death on the death certificate but DPH als o applied a 60-day timeframe from diagnos is to death for anyone diagnos ed with C OVID-19 but who did not have COVID-19 on the death certificate. This latest update further reduces the timeframe between diagnos is and death from 60 days to 30 days for individuals without C OVID lis ted on the death certificate. The new definition will be reflected in the C OVID-19 interactive das hboard data on Monday, March 14. Beginning Monday, all calculations involving deaths pos ted in the COVID-19 das hboard and the raw data file will contain the updated data. Previous raw data files will s till be available on the website and will not be updated. Deaths in long-term care facilities (LTCF) will continue to be reported directly from thos e facilities , but the updated definition will align s urveillance deaths more clos ely with the LTCF-reported counts . Several new data points and s ome changes in functionality and vis ualizations are als o being added to the COVID-19 das hboard, beginning Monday. No data are being eliminated and the changes are des igned to enhance the interactive experience for dashboard us ers and to ensure compliance with Americans with Dis abilities Act requirements. ### Archive d: Friday, March 11, 2022 3:39:55 PM From: Peter Lombardi To: All Staff Subje ct: Reopening Se ns itivity: Normal Good morni ng, As we ente r the ne xt phase of the pandemic, we are planni ng to reopen Town offices to the publ i c 4 days a wee k starti ng on Monday March 21. Goi ng forward, we wi l l be ope n Monday through Thursday. We plan to re main cl ose d to the public on Fridays through the end of this summe r as we e val uate whe ther we wi l l make this new schedule a permane nt change . Have a great weeke nd, Pete r Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays, and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster- ma.gov. **DRAFT** Brewster Ladies Library Meeting Rooms will be Re-opening! We are pleased to announce that, beginning in April 2022, we will start a gradual re-opening of meeting spaces at the Brewster Ladies’ Library. Going forward in the months of April through June, we will continue to offer programs in a hybrid format, some programs presented simultaneously in the library, outside and/or via Zoom. Our two lower-level meeting spaces and the Historic Room will be re-opening with maximum capacity of six in the small Conference Room, a maximum of 15 in the larger Meeting Room, and a maximum of 6 in the Historic Room. These rooms have been useful during the pandemic for video filming and will be painted for a new re-opening in May. Reservations and key cards are necessary for entrance. A new online reservation system has been installed and if you have questions please call Nori Morganstein at 508-896-3913 for information and availability. We will begin taking room reservations on March 23rd for May 2022 and encourage patrons to book rooms directly on the Brewster Ladies’ Library website. We will start to open the larger Auditorium for programs, concerts, and events this summer starting July 1st. The number of participants will be kept to a maximum of 75, following Board of Health safety guidelines. This will allow a safe distance for participants. The reservation system will be available beginning in May. Our online calendar displaying meeting space availability can be viewed at www.brewsterladieslibrary.org Masks are no longer required though we appreciate you wearing one when visiting us! For your health and safety we continue to provide masks, sanitizers and encourage users to keep using these preventive measures. Brewster Select Board Meeting of March 14, 2022 Consent Agenda Items 1 Item #12: Consent Agenda Approval of Regular Session Meeting Minutes from August 19, 2021 and February 16, 2022 ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the meeting minutes as presented. Application for Facility Use: Brewster Conservation Trust Brewster Conservation Trust along with the Brewster Natural Resources Department request use of Drummer Boy Park fields to host the annual Brewster Conservation Day on July 9, 2022. Department heads have had the opportunity to review the application and provide feedback which will be shared with the co-host of the event. Additionally, the request is to waive the fees associated with this application, which totals $750 ($300 for the Friday set up, $400 for Saturday’s event and $50 for electrical use). ADMINISTRATIVE RECOMMENDATION We recommend that the Board approve the application for use of Drummer Boy Park. Request Change of Date to Approved One Day Liquor License- Brewster Sportsmans Club The Brewster Sportsmans Club will be hosting a “Game Dinner” on Saturday March 26, 2022, from 4pm – 9pm at their location of 280 Tubman Road. They would like to serve beer and wine to their expected 150 attendees. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approve the one-day liquor license. Items to be Declared Surplus for Sale, Transfer or Disposal The Golf Department has submitted a list of items to be declared as surplus for sale on GovDeals as well as disposal. The Department of Public Works has submitted an item to be declared as surplus to be sold on Govdeals, as well as one item to be transferred to the Sea Camps Property. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approve the items to be declared surplus. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 08-19-2021 www.brewster-ma.gov Page 1 of 2 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD STRATEGIC PLANNING ANNUAL RETREAT WORK SESSION DATE: August 19, 2021 TIME: 8:30 AM PLACE: 1000 Freemans Way, Brewster MA 02631 PRESENT: Chair Bingham, Selectperson Whitney, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick Call to Order and Declaration of a Quorum Chair Bingham called the meeting to order at 8:30am and a quorum was declared. Review of FY21-22 Select Board Strategic Plan, Discussion of Progress Made on Priority Goals and Feedback from Staff and Town Board/Committees on Potential Changes/ Additions, and Identifications of FY22-23 Consensus Goals The Select Board reviewed progress on their FY21-22 Strategic Plan, discussed feedback from Town officials on potential new projects and initiatives, and identified priority goals within each building block for tentative inclusion in the FY22-23 plan. Goals were determined within each of the following building blocks: 8:30am – 8:45am Opening Remarks and Overview 8:45am – 9:00am Pandemic Response & Recovery 9:00am – 10:00am Community Infrastructure 10:00am – 11:15am Governance 11:15am – 12:00pm Community Character 12:00pm – 12:30pm Lunch Break 12:30pm – 1:00pm Open Space 1:00pm – 1:45pm Housing 1:45pm – 2:15pm Local Economy 2:15pm – 2:45pm Coastal Management 2:45pm – 3:15pm Water Resources 3:15pm – 3:30pm Recap and Next Steps Matters Not Reasonably Anticipated by the Chair None Next Meetings: August 20, August 23, September 3, September 9, September 10, September 13, September 20, and September 25, 2021. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 08-19-2021 www.brewster-ma.gov Page 2 of 2 Office of: Select Board Town Administrator Adjournment: Selectperson Chaffee moved to adjourn at 4:05pm. Selectperson Hoffmann second. The Board vote was 5- Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: _______________ Signed: _______________________________________ Date Selectperson Chatelain, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Strategic Plan Select Board Joint with Finance Committee Minutes February 16, 2022 Page 1 of 7 TOWN OF BREWSTER SELECT BOARD JOINT WITH FINANCE COMMITTEE Date: February 16, 2022 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Select Board Chair Cynthia Bingham, Vice Chair David Whitney, Clerk Edward Chatelain, Mary Chaffee (7:38pm), Kari Hoffmann Finance Committee Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Robert Tobias, Alex Hopper, Bob Young, William Henchy, Andy Evans Capital Planning Committee Chair Bill Schirmacher, Cynthia Caldwell, Town Administrator Peter Lombardi, Treasurer/Collector Lisa Vitale Also present: Donna Kalinick, Assistant Town Administrator; Susan Broderick, Human Resources Director Absent: Mimi Bernardo, Finance Director The Chair called the meeting to order at 6:02 pm and announced a quorum. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). 1.Public Announcements and Comment- none 2.Select Board Announcements and Liaison Reports - none 3.Town Administrator’s Report - none 4.Presentation and Vote on 5-Year Capital Improvement Plan (FY22-26) and Review of Spring 2022 Capital Project Recommendations – Capital Improvement Committee Peter Lombardi said over the past two years they developed a five-year Capital Plan. It took a considerable amount of work to get through that work. We typically go through the development and approval process in the winter months, and then in the summer leading up to fall special town meeting, the plan is adopted and then what has changed within the past 6 months. They bring most of the Capital requests to special town meeting and then the balance in the spring. Peter Lombardi then went into the new initiative to having the Budget information online in real time. We have the information loaded on the Open.gov platform. This is a hybrid product and will look very different once things are solidified. We realize it isn’t fully available for this year. For tonight, we will use the platform as we did last Wednesday. Any initiatives over $10,000 are included in the Capital Plan. Typically, our primary funding source for most of our Capital projects is from Free Cash. We generally try to target $1.75M and felt comfortable up to $2M, but no greater in any one fiscal year. This year was a little bit of an outlier, a record high Free Cash balance certified by the State at a little over $4.5M. Town Approved: VOTE: Select Board Joint with Finance Committee Minutes February 16, 2022 Page 2 of 7 Meeting appropriated $1.75M to help with the acquisition costs of the Sea Camps properties in September. In the fall, we received approval at Town Meeting to use $950,000 in Free Cash to fund our Capital needs then. In the spring, we are seeking to use $605,000 to cover Capital requests. Total Capital expenditures is just over $3.5M. That brings our Free Cash to just under $1M to close out FY22. The Select Board has a reserve policy that targets the closing balance between 2-2.5% of the FY Operating Budget. This will bring us in at just under 2.2%. May be a bit lower than the past several years, but historically, it has landed at 2.15-2.2%. So, we are right where we want to be going forward in a balanced and reasonable way. There are some very important disclaimers at the bottom of the plan. Just last month, we received the feasibility study for the potential consolidation of the elementary schools as part of their report, they identified another $4M in Capital needs for our two elementary schools that aren’t currently accounted for in their current five-year Capital Plan. They are not as part of the school consolidation plan, they are separate. Relative to our recent discussions to water quality planning and related initiatives. We had a report from our water quality consultant who identified between $20M-$30M in major future waste-water water quality initiatives. Those bigger expenses aren’t currently included in the plan. There are two capital requests associated with the Sea Camps properties over the next year or two. As we go along, we will have a much better idea of what those expenses will be and the additional projects we may be looking at in the coming year. Then Peter Lombardi said he would start at the top of the Plan and go department to department. He would cover the highlights, not line by line. All the yellow highlighted spots are Capital Requests – larger projects. In terms of the DPW, we try to purchase one larger item, such as the dump truck, and then several other smaller items each year. One of the things we did this year to balance the Capital Plan is with the L3 Loader at $225,000 - to push it out to FY26, but we may need to revisit this, as repairs for our current truck are costly as this is almost a 20-year-old vehicle. We are planning to seek reappropriation of funds from a previous Capital Article that we are not using, to have a site assessment done of the entire public works and recycling campus. The Facilities Department has two requests – Town Hall window replacements, and to get started, we know we need about $50,000 this spring. The other request is replacing Town Hall AC units at just over $10,000. Window units are less than ideal in terms of energy efficiency, but ultimately, there wasn’t enough significant return on investment with the cost of that project being close to $100,000. So, for now, we are looking to replace several very old window units. For the Library, the largest project is their full renovation, but that is budgeted for FY24 and FY26. In FY26, we have $4M+ awarded from State Grant Funding, but the queue of other libraries in front of us is long. So, in the meantime, we will keep it on the Capital Improvement Plan. We have one Capital Request for $30,000 to replace the elevator which is out of order frequently. Our estimate is approximately $300,000 for replacement work in FY23. Right now, the Town will use $20,000 in Free Cash for design work and the Library Association would contribute $10,000. And then the construction, $225,000 from Free Cash and $75,000 from the Library Association. There’s also some exterior work, painting, etc. for FY23/24 of $100,000 total. The bike trail extension has been pushed out to FY24/25. We still haven’t been able to identify a funding source for the project for the just under $2M pricing. We do have design plans that we worked with DCR on several years ago but haven’t been able to move forward. The Wing Island Boardwalk construction, we had approved the $50,000 this fall from Free Cash to cover a portion of the $130,000 for design and permitting. We got the $50,000 from the State and the $30,000 private donation. The overall project early estimates a little over $1M. We have received a pledge from the same private donor for $1M to cover the costs of construction. We did decide to use $100,000 in FY25 from CPA funds to cover the balance. Select Board Joint with Finance Committee Minutes February 16, 2022 Page 3 of 7 Peter Lombardi discussed how the Sea Camps Land acquisition wasn’t on the plan last year. The total debt and Free Cash appropriation is reflected in FY22. In FY23 and beyond, we have working assumptions based on covering those debt payments and our short-term debt obligations. For the purposes of this plan, we are assuming the Brewster Conservation Trust will be able to provide $1.75M in funding over the next 3-5 years to cover some of the costs and that Mass Audubon will contribute $1.5M, with the Water Department contributing a total of another $100,000 within the next 3 years. For the Sea Camps comprehensive planning, Town Meeting approved reappropriation of existing funds of $185,000 in the fall, and we plan on seeking another $75,000 in State Grant funding. We have our two near-term Sea Camps projects – the first is $100,000 to develop beach access on the Bay Property. We have design and permitting work to be done. We are anticipating using $100,000 in ARPA funding for that purpose. We will have more answers over the next several weeks. Our plan is for this beach to be resident-only. The next project is $200,000 for site remediation. We are planning to use ARPA funds to cover the start of that work. Lastly, on Drummer Boy Park construction, the total cost estimate is $1.5M for FY23 & FY25 - $500,000 of the total is anticipated to come from the Community Preservation Act funds and the rest will come from Free Cash. The first phase of construction is looking at improving access coming in, add more formal parking, and provide walkways. Then build the boardwalk out to Wing Island which will be a very popular destination and a big draw regionally. For the Nauset Regional High School project, the total cost as just under $132M. That isn’t Brewster’s share of course, but assuming the MSBA reimbursement comes in where we thought it would, the cost would come in at $95M with 50% based on our student enrollment population. That all remains to be seen, but they haven’t issued any of the long-term debt yet. It is our understanding that will be done in FY24. Selectperson Bingham asked if there were any questions from the Select Board. There were none. She handed the meeting to Finance Committee Chair Pete Dahl. Pete Dahl asked if the Finance Committee had any questions. Honey Pivirotto asked about the ARPA funds and if any of the guidelines have changed. Peter Lombardi answered that there were recent changes when the US Treasury issued its final rule. The major change there that gave us flexibility to use these funds as proposed is that the US Treasury changed their approach to revenue law and looked at municipalities and allowed them to claim up to $10M in revenue loss associated with the pandemic and to use ARPA funds for any general government services or projects. This gives us a lot of flexibility. Robert Tobias asked if the Stony Brook school boiler is to be converted from oil to gas and wondered if that design might consider electric heat pump technology. Peter Lombardi answered they have spoken to the Energy Committee and the plan is that once the funding is in hand, we will have a meeting with the School Committee, our Energy Committee, and Energy Manager to discuss final outcomes. Frank Bridges asked if there was gas going to the Stony Brook School itself. Peter Lombardi answered yes. Peter Lombardi said the Capital Planning Committee did meet and vote to approve of this plan as presented last week. Selectperson Chatelain MOVED to approve the Capital Planning as outlined in this presentation. Selectperson Whitney second. Roll Call Vote: Selectperson Hoffman – yes, Selectperson Whitney – yes, Selectperson Chatelain – yes, Select Board Chair Bingham – yes The Select Board voted: 4-yes 0-no Select Board Joint with Finance Committee Minutes February 16, 2022 Page 4 of 7 Chair Bill Schirmacher MOVED to adjourn the Capital Planning Committee Meeting at 7:38 PM. Peter Lombardi second. Roll Call Vote: Lisa Vitale – yes, Peter Lombardi – yes, Cynthia Caldwell – yes, Chair Schirmacher – yes The Capital Planning Committee voted: 4-yes 0-no 5.FY23 Budget Presentations (Select Board FY22-23 Strategic Plan Goal G-6) a.Human Resources b.Accounting - deferred c.Debt - deferred d.Town Administration/Select Board e.Employee Benefits & Pension/Retirement f.Liability Insurance g.Utilities h.All Others a.Human Resources, Director Susan Broderick presenting Susan Broderick went over some of the accomplishments over the last 8 months of the new Human Resources Department since it’s inception. They completed a Comprehensive Compensation and Classification Study, which hadn’t happened in over 10 years. Over the last 7-9 months, we have hired 14 new employees. They were able to hold several well-received trainings partnering with CCCC’s and had great feedback from staff that attended the trainings. They are working on several other trainings to come. They also want to work on developing contacts and relationships with some area colleges, alumni associations, and trade schools to help with resources for any openings and recruitment needs. Lastly, another goal is looking at developing an employee recognition program. In the FY22 budget there was a training and education line item at $5,000 and an OSHA and professional development line item for $13,000 for a total of $18,000. This year, we are requesting a total of $15,000 under one line item. We have been able to take advantage of free trainings from our insurance company. There is an increase in the recruitment line item as it is getting increasingly difficult to find experienced specialized municipal employees. This will require more outreach on our part, posting positions in some places where some will charge you to post. Even the Cape Cod Times has partnered with Zip Recruiter which has increased the cost of advertising. There are some upcoming retirements and there will be a need for posting those as well. No questions. d. Town Administration/Select Board, Town Administrator Peter Lombardi presenting Peter Lombardi said their budget has increased by about $72,000. It is misleading in two ways – 2/3rds of that increase is due to two positions that are coming online in our budget for next FY. The first is the Energy Manager which has been funded through a grant fund, and for FY23 and beyond, it will be covered by a portion of the revenues from lease agreements with the solar car ports from the golf course. They are looking to hire a new part-time administrative assistant that will work across Town Hall offices. We have departments of 2, 3, and 4. This position will provide coverage for phones, walk-ins, etc., wherever there is high-volume foot traffic. Secondly, Kathy and Tom are processing all their new bills, having no administrative support currently. Under Facilities, we have added management operations for the Sea Camps. We have taken it on at Town Hall and hopefully this person would help Select Board Joint with Finance Committee Minutes February 16, 2022 Page 5 of 7 with that as well. They may also be able to assist with digitization and scanning for Building, Health, and Planning. That’s our major staffing request. It is in our office but intended to be available for all departments. We are proposing increasing the professional services funding for next year, to give the office an ability to be nimble and be able to hire a consultant to help forward a particular project, etc. – to have a little more capacity to do that. We are decreasing our overtime budget, due to how staff spends their time in the office. We have another decrease in our Town Meeting line item – we do have ARPA funds available and feel this expense line can be reduced. No questions. e. Employee Benefits & Pension/ Retirement, Town Administrator Peter Lombardi presenting Peter Lombardi said he and Donna Kalinick would be trading off items. In terms of employee benefits, they are up in total by a little under $200,000 (5%). A major driver is increased Health Insurance costs. The golf and water departments carry their own share of Health Insurance in their budgets. We have almost fully implemented the classification and compensation plan but haven’t yet implemented for library employees or police personnel bylaw employees. We have a $40,000 line item in contractual obligations to fully implement for those employees. We see increases 8-10% in our assessments. Our assessments by the regional retirement board are going up by $93,000. This helps create some capacity this year. We pre-pay up front to get a benefit discount. No questions. f. Liability Insurance, Assistant Town Administrator Donna Kalinick presenting Donna Kalinick said our primary insurance agency is MIIA. We are covering a wide range of insurance needs in the town – our buildings, equipment, automobiles. Our liability insurance and our worker’s compensation have a component of coverage related to worker’s compensation related to Police and Fire as well. We also have some specialty coverages – marina liability, drone coverage, bond insurance. We do meet with MIIA every year, review coverage, necessary changes, new potential areas of insurances, thoroughly going through all coverages each year. We participate in their rewards program which provides a percentage discount on all policies – it’s a win/win to participate in that program. We apply for a MIIA grant. We have been awarded that for the past several years. We have purchased an extra safety trailer; we are purchasing much needed radios for the golf department through those funds. It is up to $10,000 each year. We also take advantage of an early pay discount. We haven’t received our official rates yet – for purposes of budgeting, we are carrying a 3% increase on the overall coverages. In addition, there is $50,000 in insurance coverage for the Cape Sea Camps properties. Just as with pension and health insurance, the insurance for Golf and Water is allocated to those departments and they pay through their department’s budgets. Selectperson Hoffmann agrees with everyone who really likes the new format – so easy to use. She asked what MIIA stands for. Donna Kalinick answered - Massachusetts Interlocal Insurance Agency. Bill Henchy asked Donna Kalinick what drone coverage is? She answered the Fire Department has a drone that they use for emergency safety and recovery purposes and a couple of Town functions. You are required to have insurance and be licensed to operate a drone. Robert Tobias asked where Cyber is and did we drop coverage as Umbrella went to zero? Donna Kalinick said Umbrella coverage is incorporated into liability coverage. We have been trying to streamline our line items for accounting purposes. The cyber liability coverage is included in our MIIA coverage package. Select Board Joint with Finance Committee Minutes February 16, 2022 Page 6 of 7 g. Utilities, Assistant Town Administrator Donna Kalinick presenting This covers our electricity, natural gas, fuel oil, postage, telephone and communications, diesel and gasoline, and systems and repairs mostly related to telephone or gas systems. Some of the major drivers are from the Select Board meeting with Cape Light Compact, talking about the increase in electric rates. Because we get our electricity through them, the impact is a little less than what the public is seeing. We have carried a 6% increase based on their advice. The communications/telephone has an increase of $10,000 based on our prior year actuals. We have had a need for an increase in communications because of remote work and the pandemic. Our fuel oil, gasoline, and diesel are all bid through Barnstable County. Gasoline and diesel are one of the biggest bids in all counties – we are proposing a 3% increase. It could be more than 3%, but we won’t know just yet. The buying power of the town does help us keep this number low. Postage has gone up and with the initiatives to increase voting by mail, the Town Clerk’s office has been doing a lot more mailings and getting notices out. We are also incorporating the costs of the utilities at the Sea Camps properties with our utilities budget. We have been looking at what is already in place and how we can decrease some of the services going forward. Hopefully in the next 6 months we will have more details on the usage in the Sea Camps. Robert Tobias asked about the electricity line item – is this for all the town’s properties and departments other than golf and water? Donna Kalinick said there are other departments such as Fire and DPW which carry a line item for electricity in their own budgets. h.All others, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, and Project Manager Conor Kenny presenting The Health and Human Services Committee recommended a total decrease in funding of 6.1% for FY23.The Fuel Assistance Budget is level funded. The FY22 Budget was temporarily inflated by $5000 to help keep the Nauset Youth Alliance afloat during the pandemic. The FY23 recommendation is temporarily deflated due to the Gosnold Agency deciding not to reapply for all $12,000 in funding. They have decided not to apply for any funding from all Health and Human Services Committees across the Cape. Generally, the Health and Human Services Committee recommends a total funding increase of 2.5% each year. They said they would plan to use that baseline for next year. The Committee set aside last year’s $5000 for the Youth Alliance, level funding for 7 out of 16 agencies that re-applied, and increased funding for 9 for an average increase of 8% across all applicants. Local funding: Brewster Chamber of Commerce $27,000 Town Band $3500 Skippers Program $4500 All level funded for FY23 Local Cultural Council – receives money from state and local funding of $1,000 – this is level funding. However, this amount was increased in FY21 at the request of the Cultural Council to give them a little more capacity. We have kept it there going forward. Alewives Committee – helps to pay stipends for herring run wardens and site for $4,350 - level funded. Mill Sites Committee – their events were cut back because of the pandemic; but this year, they were able to do a few events. This stipend provides supplies to the Miller and supplies to run the mill and grind corn at host events and make minor repairs at the property for $4,000 - level funded. We did have Select Board Joint with Finance Committee Minutes February 16, 2022 Page 7 of 7 significant help from AmeriCorps this year cleaning out the Mill Sites. It looked great. We also have a very dedicated volunteer core who maintains the beauty of this site. Assessments – Peter Lombardi said these are figures that do not have discretion built into them. 2.5% increase for our County Assessment – the regional services provided by county government. State Aid as a revenue source and offsets on the expense side, our assessments will decrease by a little under $13,000 for the coming fiscal year. Pleasant Bay alliance covers cost with participation in the alliance working with officials to comply with the Pleasant Bay Watershed permit. It has staff support in place to lead and coordinate the regional effort. There is a small increase of a little under $1,000. Greenhead Fly assessment – we are assuming it is level funded but won’t have the details for a month or two. Old Kings Highway Historic District assessment to cover expenses associated with review of any projects within the Old King’s Highway District. There is a 2% estimated increase for FY23. Sealer of Weights and Measures – a regional program with an annual 2.5% increase. No questions on the presentation. 6.Finance Committee Liaison Assignments to Sea Camps Planning Committees Pete Dahl said he would make this brief. His assignments are: Bay Property, Bill Meehan Pond Property, Bill Henchy Thanks to both members who will be working on this long-term. 7. Matters Not Reasonably Anticipated by the Chair- none 8. Questions from the Media - none 9.Next Meeting: February 28 (FY23 School Budgets) joint with Finance Committee 10. Adjournment Bill Meehan MOVED to adjourn the meeting at 8:53 PM. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Robert Tobias – yes, Andy Evans – yes, Alex Hopper – yes, Bill Henchy – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bob Young left the meeting before the vote was taken. Selectperson Chaffee MOVED to adjourn the meeting at 8:54 PM. Selectperson Chatelain second. Roll Call Vote: Selectperson Chaffee – yes, Selectperson Hoffman – yes, Selectperson Whitney – yes, Selectperson Chatelain – yes, Select Board Chair Bingham – yes The Select Board voted: 5-yes 0-no Respectfully submitted, Beth Devine Packet of supporting materials on the website for public review. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Erika Mawn, Executive Assistant Date: March 11, 2022 RE: Facility Use Applications The Brewster Conservation Trust along with Brewster’s Natural Resources Department will be hosting Conservation Day at Drummer Boy Park on Saturday July 9, 2022, from 8:30am – 3:00pm. The application has been reviewed by various departments and their feedback is outlined in this memo. All feedback/comments will be shared with the Brewster Conservation Trust and Natural Resources Department, who will communicate with the Director of the DPW and the Manager of Facilities to plan for this event. Brewster Conservation Day started in 2012 to celebrate the community’s natural resources and organizations dedicated to saving them. Attendees can learn from over 40 unique presentations while joining in special activities to learn about ocean resources, coastal erosion, herring migration, whale rescue, and alternative energy and septic systems. Below, please find feedback from department heads for the above events. Building Department: Any single tent exceeding 400 SF requires a tent permit application. This includes smaller tents conjoined to create a larger unit exceeding 400 SF. Town Administration: They should have a police detail; please consult with Police Department. They will need to provide port-a-johns for the event. They should ask their vendors to be responsible for their own trash removal. Any serving of food/food vendors needs to be permitted through the Board of Health. They may also need a Hawker and Peddlers through the Select Board. No vehicles are to transverse across the paved walking paths. They need to work with DPW ahead so that we can put up traffic measures near the walking paths. They need to work with facilities regarding water and electric usage. The sale of single use plastic bottled water is prohibited on town property. Planning Department: No Comments Fire Department: All tents shall have a permanently affixed label indicating appropriate fire retardant ratings. Multiple tents placed side by side shall have a 12 ft. fire break clearance on all sides for every 700 square feet of tent (Ex. When seven 10’ x 10’ (or greater) tents are placed side by side there shall be a 12’ break every 700’ or less dependent on size of tent. Parked vehicles or internal combustion engines such as generators shall not be located closer than 20 feet to any tent or membrane structure 400 sq ft or more and/or multiple tents placed side by side with an aggregate area of 700 sq ft. For the purpose of determining required distance, support ropes and guy wires shall be considered as part of the temporary membrane structure or tents. Access to field vendors by fire department vehicles shall not be blocked. All lanes in between tents shall be no less than 12' in width. No parking on interior roads shall be permitted. Police Department: All applicants should be advised that if there are impacts to traffic flow on Route 6A, a police detail may be required. Health Department: The hot dog vendor will need to follow up with the Health Department for proper permitting. Natural Resources Department No issues with this event. TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV March 1, 2022 Town of Brewster Select Board 2198 Main Street Brewster, MA 02631 Dear Select Board. The Brewster Department of Natural Resources and the Brewster Conservation Trust is requesting a fee waiver for Drummer Boy Park on July 8-9 for Brewster Conservation Day. This is a free event, organized by both organizations to celebrate, recognize, and showcase Brewster’s commitment to preserving its natural resources. Thank you for your consideration Ryan Burch Brewster Natural Resources Restrooms Perry’s Last Stand (Ice Cream)Hot Dogs Brewster Bikeways Protect Our C.C. Aquifer (POCCA) Reg. Transit Authority IFAW Millsite & Alewives Committees Weir Fishing Demonstration Goat Green Cape Cod Cape Light Compact Brewster Fire Truck Brewster Chamber of Commerce Mass Audubon Wellfleet Bay WBWSOysterAquacultureCenter for Coastal Studies C. C. Anti-Litter Coalition Pleasant Bay Community Boating Friends of Pleasant Bay Brewster Water Atlantic White Shark Conservancy Orenda Wildlife Land Trust C.C. Mosquito & Tick Control Nickerson State Park AmeriCorps Puppet Show Welcome Info Brewster Conservation Trust Dennis Conservation Land Trust Harwich Conservation Trust Brewster Ponds Coalition Weed HarvesterBarnstable County Health Brewster Health Coastal Engineering Barnstable County Hort. Master Gardeners Brewster Historical Society Fishermen’s Alliance WINDMILL BLACKSMITH HARRIS BLACK HOUSE Brewster Recycling Comm. Mass. Dept. of Agric. Resources Master of Ceremonies Eddy Elementary School Brewster Dept. Natural Res. Cape Wildlife Center Brewster Garden Club Volunteers Tent Ocean Protection Advocacy Kids SPEAKERS’ TENT All About Oysters A.R.C. Hatchery Cooperative Extension Marine Program Brewster oyster growers Mass. Fish & Wildlife Assoc. to Preserve Cape Cod PATHTOTENTNational Marine Life Center PATH TO WINDMILL VILLAGE Trevor the Juggler Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 NUMBER 2021-ODL – 46 2022-ODL-#07 FEE $35.00 Town of Brewster Local Licensing Authority This is to certify that: Brewster Sportsmans Club IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW: Beer & Wine (Game Dinner) At the following address: 280 Tubman Road Brewster, MA 02631 This one-day permit is effective on: Saturday March 26, 2022; 4:00pm – 9:00pm Date Issued: March 14, 2022 Select Board __________________________ __________________________ __________________________ __________________________ __________________________ Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Colin Walsh, Captains Golf Course Date: March 7, 2022 RE: 2022 Surplus Items Items to Declare Surplus for Sale on GovDeals: 2010 Toro Core Processer 1994 Toro HydroJect Pump Motors- Quantity 2 Irrigation Controllers 1995 Toro Network 8000 – Quantity 17 6’ Vinyl Coated Chain Link Fence with Posts- 7 rolls, appx. 700 feet, 50 posts Cushman Core Harvester Jacobsen 22’’ Walk Mowers, 1985- Quantity 2 Lesco 36’’ Drop Spreaders Miscellaneous Scrap Steel Items to Declare for Disposal: Miscellaneous small engine equipment including: (2) Hover Mowers, FlyMo Mower, Toro 21’’ Lawn Mower, Chain Saw, Stihl Backpack Blower, (2) Generators, Bush Trimmer- All beyond their useful life. Verti Drain Aerator 275 Gallon Totes- Bulk fertilizer containers Tractor Tires- beyond their useful life Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: DPW Date: 3/4/2022 RE: 2022 Surplus Items DPW is requesting to surplus the following items for Govdeals: Great Dane 48inch mower removed from service fall 2021 DPW is requesting to transfer the following item: Scag 48inch mower removed from DPW service fall 2021 for transfer to Sea Camps Housing Needs Survey Now Open The Housing Partnership invites you to participate in a housing needs survey to inform the Town’s Housing Production Plan update. This Plan will help guide policy decisions over the next five years by identifying housing needs and issues in Brewster and recommending ways to address them. Your participation will help to ensure that the Plan represents the priorities and concerns of your community. The Survey is available online through March 31st at: www.tinyurl.com/BrewsterHPP Paper copies are available at the Town Hall, the COA, or the Brewster Ladies Library. If you have any questions about the Housing Production Plan, please contact either Jill Scalise, Housing Director, at 508-896-3701 x1169, or jscalise@brewster-ma.gov, or Donna Kalinick, Assistant Town Administrator, at 508-896-3701 x1130, or dkalinick@brewster-ma.gov. To access this survey, visit www.tinyurl.com/BrewsterHPP or scan the QR code below. Paper copies of the survey areavailable at the Town Hall, theCouncil on Aging, and BrewsterLadies Library.HOUSING NEEDS SURVEYOPEN THROUGH 03/31/2022TheHousingPartnershipinvitesyoutoparticipateinahousingneedssurveytoinformtheTown’s Housing Production Plan update.This planwillhelpguidepolicydecisionsoverthenextfiveyearsbyidentifyinghousingneedsandissuesinBrewsterandrecommendingwaystoaddressthem.Your participation will help to ensure that the planrepresentstheprioritiesandconcernsofyourcommunity.If you havequestionsabouttheHousingProductionPlan,contact either Jill Scalise,Housing Director,at 508-896-3701 x1169,or jscalise@brewster-ma.gov,or Donna Kalinick,Assistant Town Administrator,at 508-896-3701x1130,or dkalinick@brewster-ma.gov. To access this survey, visit tinyurl.com/BrewsterHPP or scan the QR code below. Paper copies of the survey are available at the Town Hall, the Council on Aging, and Brewster Ladies Library. HOUSING NEEDS SURVEY OPEN THROUGH 03/31/2022 The Housing Partnership invites you to participate in a housing needs survey to inform the Town’s Housing Production Plan update.This plan will help guide policy decisions over the next five years by identifying housing needs and issues in Brewster and recommending ways to address them.Your participation will help to ensure that the plan represents the priorities and concerns of your community.If you have questions about the Housing Production Plan,contact either Jill Scalise, Housing Director,at 508-896-3701 x1169,or jscalise@brewster-ma.gov, or Donna Kalinick,Assistant Town Administrator,at 508-896-3701 x1130,or dkalinick@brewster-ma.gov. Brewster Housing Production Plan COMMUNITY ENGAGEMENT PLAN This Community Engagement Plan is an internal working document used by the consultant team, Housing Partnership, and Town staff to guide public outreach and communications in coordination with major project milestones for the Housing Production Plan. Key Project Information Timeline January 2022 through June 2022 Staff Contact Jill Scalise jwertz-scalise@brewster-ma.gov Advisory Committee Housing Partnership Consultants Barrett Planning Group LLC Judi Barrett; judi@barrettplanningllc.com Alexis Lanzillotta; alexis@barrettplanningllc.com Gregory Zapata; gregory@barrettplanningllc.com General Project Timeline February 2022 March 2022 April 2022 May 2022 June 2022 Mobilization Kickoff Meeting xxxx Housing Needs Assessment Small Group Interviews xxxx Online Survey xxxx xxxx Draft Needs Assessment xxxx xxxx Goals & Strategies Focus Groups xxxx Community Meeting xxxx Draft Goals & Strategies xxxx Final Steps Final Draft HPP to Town xxxx Joint Meetings xxxx xxxx Final Plan Submission Project Completion: June 30, 2022 xxxx Brewster Housing Production Plan Revised Community Engagement Plan February 18, 2022 2 Community Engagement Overview STAFF KICKOFF MEETING P Timeline: February 3, 2022 HOUSING PARTNERSHIP MEETING #1 P Timeline: February 10, 2022 During this first committee meeting, we will: ● Discuss the Housing Partnership’s charge ● Review project timeline ● Determine an outreach plan for interviews ● Review proposed questions for online survey SMALL GROUP INTERVIEWS ¨ Timeline: Late February BPG suggests inviting the following to small group interviews during time slots offered over the course of two days. While we propose doing mixed groups for these small interviews, we welcome feedback about whether there any parties listed below who should have their own timeslot. • Residents currently living in affordable housing • Housing developers and property managers • Members of the Affordable Housing Trust and Housing Partnership • Members of other Town boards, committees, and commissions • Housing Authority members and staff • Schools • Social service organizations • Faith-based community leaders • Organizations serving low-income and minority clientele • Chamber of Commerce • Others? In addition, BPG may reach out separately to: • Community Development Partnership • Housing Assistance Corporation of Cape Cod • HOME Advisory Council • Others? ONLINE SURVEY ¨ Timeline: Late February-Early March BPG will host an online survey using Qualtrics software. We will look to the Housing Partnership and the Town for assistance circulating this survey. Brewster Housing Production Plan Revised Community Engagement Plan February 18, 2022 3 HOUSING PARTNERSHIP MEETING #2 ¨ Timeline: March 2022 During this meeting, we propose to: • Discuss findings from the survey and small group interviews • Review preliminary data from the Needs Assessment • Discuss plans for the community meeting tentatively planned for April NEEDS ASSESSMENT FOCUS GROUPS ¨ Timeline: Mid-April 2022 BPG suggests inviting knowledgeable stakeholders to focus groups over several offered timeslots. The purpose of the focus groups will be to explore barriers and constraints to affordable housing as identified in the Needs Assessment, as well as potential opportunities to reduce or eliminate those constraints. This will enable us to formulate draft qualitative goals for the Housing Production Plan. HOUSING PARTNERSHIP MEETING #3 ¨ Timeline: April 2022 During this meeting, we propose to: • Discuss the draft Needs Assessment • Begin exploring possible Goals and Strategies • Finalize plans for the community meeting tentatively planned for April OR respond to the community meeting depending on scheduling COMMUNITY MEETING ¨ Timeline: Mid-to-Late April 2022 We will design, prepare for, and lead a community-wide discussion meeting during which we propose to: • Present key findings from the survey, small group interviews, focus groups, and Housing Needs Assessment • Provide opportunities to share feedback relating to housing needs, barriers, and opportunities • Engage participants in a discussion about HPP goals and potential strategies that meet DHCD criteria and address the Town’s housing needs We also suggest offering both in-person and remote participation, and we are routinely following up in-person community forums with a parallel experience using Zoom, Miro, and other tools. Depending on the Town’s technology resources, we could plan an in-person meeting alongside a coordinated virtual meeting or an “open house” engagement with Miro or Zoom. HOUSING PARTNERSHIP MEETING #4 ¨ Timeline: May 2022 Depending on the Housing Partnership’s schedule, this meeting may not align with the plans for a May joint meeting with the Planning Board and Select Board. However, if we meet during May, we propose to: Brewster Housing Production Plan Revised Community Engagement Plan February 18, 2022 4 • Review community input gathered thus far • Finalize draft Goals and Strategies JOINT MEETING FOR DRAFT DISCUSSION ¨ Timeline: May 2022 Following a review period of the Draft Housing Production Plan, we will facilitate a joint meeting coordinated by the Town with the Brewster Housing Partnership, Planning Board, and Select Board. We will use input provided during this meeting to provide any necessary changes to the draft HPP. HEARING AND TOWN-WIDE DISCUSSION MEETING ¨ Timeline: May or June 2022 Upon completion of revisions that result from the joint meeting, we will circulate a revised draft HPP. Following a reasonable period for public review of the draft, we will present at a public hearing and welcome feedback from participating members of the community. We will then review public comments received with the Town to consider necessary revisions to the HPP and finalize the plan. JOINT MEETING FOR PLAN ADOPTION ¨ Timeline: June 2022 Once comments have been reviewed and addressed, we will compile the final plan document and participate in a joint meeting with the Select Board and Planning Board to present the final plan for adoption by the Town.1 1 A previous draft of this engagement plan referenced a joint meeting of the Select Board, Planning Board, and Conservation Commission, as 760 CMR 56.03(4) calls for the adoption of an HPP by “the municipality’s planning board, conservation commission, and its select board….” However, DHCD Housing Production Plan Guidelines (most recently updated in 2020) require that the plan be accompanied by a letter stating the document was adopted by “the municipal planning board and select board or city council,” omitting the requirement for the Conservation Commission to adopt the plan. As such, this version of the engagement plan just references the Planning Board and Select Board adopting the plan, although the Conservation Commission and other Town bodies will be consulted during this process. 0 Important Dates Pre-Proposal Meeting/Site Tour: Wednesday, November 3rd 2021 at 11:00 a.m. Proposal Submission Deadline: Thursday, December 16th 2021 at 11:00 a.m. Town of Brewster 2198 Main St. Brewster, MA 02631 Request for Proposals (RFP) To select a developer to design, construct, operate and manage affordable rental units consisting of no more than 90 bedrooms on 16.6 Acres of land at 0 Millstone Rd, Brewster, MA 1 Table of Contents I. Invitation to Bid II. Proposal Submission and Selection Process III. Site Tour and Briefing IV. Development Objectives V. Property Description VI. Proposal Submission Requirements VII. Developer Selection Criteria VIII. Selection Process IX. Post Selection X. Attachments 2 I. Invitation to Bid The Town of Brewster (“Town”), through its Chief Procurement Officer, is seeking proposals from qualified developers to develop no more than 90 bedrooms of affordable rental housing at a range of incomes on a parcel of land owned by the Town. The property, totaling 16.61 acres, is located at 0 Millstone Rd in Brewster, and is further described in deeds recorded with the Barnstable County Registry of Deeds in Book 18897 Page 134 and Deed Book 31410 Page 87. All units shall be affordable to persons having an income no more than 80% of AMI. The Town intends to enter into a Land Development Agreement and to lease the property to the developer, with affordability restrictions. The developer will be responsible for the design, construction, development and operation of the rental units at the property. The purpose of this RFP is to select a developer with demonstrated experience and capacity to carry out a development project that best addresses the needs and goals of the community as described in this RFP. The most advantageous proposal, from a responsive and responsible proposer, taking into consideration all evaluation criteria set forth in the RFP, will be selected. Request for Proposal documents can be obtained at the Office of the Town Administrator, Brewster Town Offices, 2198 Main Street, Brewster MA, Tuesday-Thursday, 8:30 a.m. to 4:00 p.m. or by email request to Peter Lombardi, Town Administrator at townadmin@brewster- ma.gov. II. Proposal Submission and Selection Process The Town has determined that the award of this contract is subject to the Uniform Procurement Act. M.G.L. c. 30B. The provisions of M.G.L. c. 30B are incorporated herein by reference. Applicants shall submit on or before 11:00 a.m., Thursday, December 16th, 2021, a clearly marked original proposal plus seven copies, including an electronic copy on a flash drive, to: Peter Lombardi, Town Administrator Town of Brewster 2198 Main St. Brewster, MA 02631 Faxed or electronically mailed proposals will be deemed non-responsive and will not be accepted. Overnight mail services cannot be relied on to deliver by 11:00 a.m. in Brewster. Proposals submitted after the submission deadline will not be accepted. In order to be considered a complete submission, proposals should be marked “Millstone Rd Housing Proposal” and must include all required documents completed and signed by a duly authorized signatory, including the following: 3 1. Cover page labeled Millstone Rd Housing Proposal to Town of Brewster for the development of rental family housing, specifying: (1) the development entity, (2) primary contact person, and (3) all contact information. 2. One clearly marked original, in a three-ring binder, and 7 copies of the proposal with required attachments. 3. An electronic version of the complete proposal submission on a flash drive. The Town reserves the right to reject any or all proposals or to cancel this Request for Proposals if that is deemed to be in the best interest of the Town. Inquiries on RFP All inquiries should be made via e-mail and directed to: Peter Lombardi at plombardi@brewster- ma.gov no later than 4:00 p.m. on Thursday, December 2nd, 2021. Inquiries should have a subject line entitled: Millstone Rd Housing RFP Inquiry. Any inquiries after such date will not be accepted. All inquiries for which a response is provided, together with the responses, will be shared with all proposers who have provided their contact information. Proposers’ Responsibility for due diligence Proposers should undertake their own review and analysis concerning physical conditions, environmental conditions, applicable zoning, required permits and approvals, and other development and legal considerations. Additional Notes Proposals will be opened publicly at 11:00 a.m. on Thursday, December 16th, 2021. A Proposer may correct, modify or withdraw a proposal by written notice received prior to the time set for the submission of proposals, but not thereafter. Each responsive proposal will be evaluated first for compliance with the threshold (minimum) criteria and, if it meets those criteria, then evaluated according to the criteria set forth in Attachment (A) ‘Comparative Evaluation Criteria’. The Town makes no representations or warranties, express or implied, as to the accuracy and/or completeness of the information provided in this RFP. This RFP, including all attachments, is made subject to errors, omissions, and withdrawal without prior notice, and different interpretations of laws and regulations. The Proposer assumes all risk in connection with the use of the information and releases the Town from any liability in connection with the use of the information provided by the Town. Further, the Town makes no representation or warranty with respected to the property, including without limitation, the value, quality or character of the property or its fitness or suitability for any particular use and/or the physical and environmental condition of the property. The property will be conveyed in “AS-IS” condition. Each Proposer shall undertake its own review and analysis (due diligence) concerning the physical and environmental condition of the property, applicable zoning and other land use laws, required permits and approvals, and other development, ownership and legal considerations pertaining to the property and the use of the property, and shall be responsible for applying for and obtaining any and all permits and approvals necessary or convenient for the Proposer’s use. All costs and expenses of leasing and developing the property, including, without limitation, the costs of permitting and improvements, shall be the sole responsibility of the successful proposer. 4 The successful respondent is encouraged to apply for local housing funds. III. Site Tour and Briefing Interested Proposers are encouraged to attend a voluntary on-site briefing session at 11:00am on Wednesday, November 3rd, 2021 at 0 Millstone Rd (See Locus maps in Attachment B). The site visit is not mandatory; however all proposers must familiarize themselves with the property by undertaking an independent review and analysis of physical conditions, regulatory constraints, required permit and approvals, and other legal considerations. IV. Development Objectives The Town is seeking a developer to build affordable rental housing units consisting of no more than 90 bedrooms on the site. The development should be designed for a variety of households (individuals of all ages, families with children, persons with disabilities) and reflect a mix of affordability levels. The Town engaged Barrett Planning Group to conduct three community engagement sessions. The results of those sessions can be found in (Attachment H). The visual preference and site concepts should be reviewed as advisory, not mandatory designs. The Town would like to see an architecturally harmonious development with four (4) or more buildings. The bedroom mix should be based on the site’s capacity, good site planning and landscaping considerations, and the market and financial feasibility of an affordable rental project at this location. The development of the property will be subject to a Land Development Agreement and Ground Lease in forms that are acceptable to the Town. Once the conditions of the Land Development Agreement are satisfied the Town and Developer will enter into a 99-year Ground Lease (See examples in Attachment D). Affordability All of the units shall be affordable to households at or below 80% Area Median Income (AMI). The Town prefers that the development will include units that are affordable to households with incomes ranging from 30% AMI to 80% AMI (See Evaluation Criteria at Attachment A for details). The proposer should include a clear analysis as to the levels of affordability proposed and the reasoning behind the proposed unit and income mix. The Town is seeking affordability in the design of the units (e.g., energy efficient utilities and maintenance) in addition to affordability by restriction. All affordable units must meet the requirements for inclusion in the Department of Housing and Community Development’s (DHCD) Subsidized Housing Inventory (SHI) and the developer shall be responsible for ensuring that all units count in the SHI. The developer shall enter into a Regulatory Agreement with the Subsidizing Agency and the Town on terms acceptable to the parties and shall, at the Town’s request, grant the Town a 5 separate affordable housing restriction on terms acceptable to the Town and be in form and substance acceptable to DHCD. Proposers are advised that all mortgages and other monetary liens encumbering the property may be subject and subordinate to the Regulatory Agreement and the affordable housing restriction. The affordability requirements may survive the foreclosure of any mortgage, deed given in lieu thereof, or any similar action, to the extent financially feasible to do so. Unit Types The development should reflect the needs of Brewster and provide housing for a range of household sizes as noted in the Town of Brewster Chapter 40B Housing Production Plan in Attachment E. For this reason, the Town is interested in 4 or more buildings as well as “universally accessible” design. At least 10% of the units shall contain three or more bedrooms to satisfy the State’s family housing policy. Unit layouts should emphasize efficiency. Kitchens should be sized based on the bedroom composition of the unit. Building Design and Aesthetics The development’s architecture should reflect and be compatible with the existing architecture and style of the Brewster community. For reference, see the Cape Cod Commission’s “Designing the Future to Honor the Past” design guidelines. The goal is for the development to look like it belongs in Brewster. The Town of Brewster encourages the following: - Multiple buildings, preferably four (4) or more, which can be of various sizes - Buildings shall not be more than 2 stories - Native landscaping in keeping with Brewster’s character - Outdoor common and recreation areas, including walkways - Ample storage for residents in either the basement or sheds - Bicycle storage racks - Onsite laundry facilities - Parking should be scattered as much as possible - Areas for outdoor trash and recycling receptacles - Sensitivity to neighborhood and adjacent properties Energy Efficiency The Town is looking for proposals that include building and site designs that reduce the tenants’ energy, water usage and cost, and limit the project’s environmental impact. Details regarding sustainable design features should be incorporated into the proposal. Proposals that meet Passive House, LEED or other energy efficiency standards are preferred. Proposers are encouraged to reach out to energy efficiency rebate programs, as well as lender and State incentives. 6 Site The property is located at 0 Millstone Rd in Brewster, and is identified as Assessor’s Parcel ID # 98-12 (See Locus maps Attachment B). It contains approximately 16.61 Acres. The Site is located west of Millstone Road near the intersection with Fern Lane. The parcel has frontage along the western side of Millstone Road, between 598 and 560 Millstone Road, continues behind single family residential lots along both Millstone Road and Captains Village Lane, and extends to the west, along the Ocean Edge development and golf course. The Site also abuts a portion of dedicated conservation land associated with the Captains Village Lane development. The Site consists primarily of undeveloped wooded land and is bordered by single family residential lots to the east, south and west. Ocean Edge, a condominium development, borders the Site to the north with a portion of the associated golf course also located to the west. The northern portion of the Site primarily slopes from north to south, towards a low lying area along the southern property line, near the inner corner of the “L- shaped” property. The southern portion of the Site is primarily sloped from south to north, towards the same low lying area. There is a small depression on the southern portion of the Site which appears to collect and infiltrate runoff in the vicinity. The Existing Conditions Survey, included as Attachment B, further details the location and existing topography at the Site. Perimeter buffers are required as shown in the map at Attachment G and described below: 1. The natural ridge line along the north property line or, if greater, 30’ from the north property line, in the applicable case from the east end of the north property line to the west of the legs S 74° 46’ 06” W. 2. 30’ from the property line along the rest of the north property line and continuing along the five property lines to the beginning of the conservation area adjacent to the northeast corner of Lot 132, except no buffer adjacent to the Millstone Road right-of-way. 3. 10’ from the property line along the property line adjacent to the conservation area. 4. 10’ from the property line along the west property line (S 05° 53’ 25” W, 234.23’) No buildings, roads or parking may be constructed in the buffers. The buffers shall not be disturbed during construction to the extent practical and, in any event shall be vegetated, or if disturbed, re-vegetated. Project Permitting The property is zoned Res RL. Proposals should include a description of the permitting process that the developer plans to use. The Town anticipates permitting will be through M.G.L. Chapter 40B (Comprehensive Permit). Rental Management The successful respondent’s development team must include a qualified and experienced property management firm, or, if not identified at the time of submission, a description of the process for procuring such a firm and the performance standards to be met by the property 7 management firm. There shall be on-site management and 24-hour emergency maintenance service. V. Property Description Deed Barnstable County Registry of Deeds Book 18897 Page 134 and on Deed Book 31410 Page 87. Please see Attachment C for the Deed and Town Meeting Votes. Zoning The property is currently zoned RES RL, however, it is expected that the development will be permitted through M.G.L. Chapter 40B. Utilities • Water: Public • Septic: Private. The Town will require an Innovative Alternative (I/A) Title 5 system. • Electric: Eversource Watershed Study The Brewster AHT commissioned a Watershed study that summarizes the storm water characteristics of the site and surrounding area and makes recommendations for mitigating permanent and construction period impacts related to the proposed potential affordable housing development (Project) at the Site. The study can be found at Attachment F. Ground Lease The Ground Lease shall require the Proposer to maintain insurance in amounts reasonably acceptable to the Town and name the Town as an additional insured, and shall be an absolute triple net lease, requiring the Proposer to be solely responsible for the maintenance and operation of the property, including, without limitation, the payment of utilities, taxes and insurance of the property, among other costs. The Ground Lease shall be substantially similar to the Lease attached hereto and incorporated herein. VI. Proposal Submission Requirements The Development Team The proposal must include a description of the development team, the individuals and organizations to be involved in the development, including the project manager, and the experience of these parties. The development team may include, without limitation, the developer, property manager, architect, contractor, engineers, consultants, lenders and investors. Proposals must include: • The name, address, e-mail address, and telephone number of the proposer; the name of any representative authorized to act on his/her behalf, and the name, title and contact 8 information for the individual designated by the developer to receive all correspondence from the Town and its agents. • The names and primary responsibilities of each individual on the development team. • If the proposer is not an individual doing business under their own name, a description of the firm and legal form and status of the organization (e.g., whether a for-profit, not- for-profit, a general or limited partnership, a corporation, LLC, LLP) and the jurisdictions in which it is registered to do business. If the proposer is a non-profit entity, please include a list of the organization’s Board of Directors and areas of expertise they represent. • The ownership structure of the entity to enter into the Ground Lease and the Land Development Agreement with the Town and its relationship to any investors, lenders and guarantors of debt, if any. • Identification of all principals, partners, co-venturers or sub-developers participating in the transaction, and the nature and share of each participants’ ownership in the project. • Identification of the person designated to be the property manager if the property developer will also be the property manager. If this is not the case, state the legal and financial relationship between the entities and describe the process for securing property management services and criteria and minimal qualifications it will use in selecting the property management firm. • Identification of the development team, such as architects, engineers, landscape designers, contractor, and development consultants. In addition, provide background information, including firm qualifications and resumes for principals and employees expected to be assigned to the project. • A summary of the developer’s and the development team’s experience, both collectively and individually, with similar projects. Particular attention should be given to demonstrate experience with projects of a similar scale and complexity, site conditions, permitting issues, design and financing, as well as location. Proposers should demonstrate the ability to perform as proposed and to complete the project in a competent and timely manner, including the ability to pursue and carry out design, permitting, financing, construction, and marketing/unit absorption. • A list of all projects in progress or planned with details of their current status. Format Proposers should use the following format to submit the information required (above): • For referenced projects: project name, location, project type, number of residential units, project scope, start date, projected and actual completion date, total development costs, development team, key personnel, and current status. • Narrative on why the Proposer’s experience is relevant to the 0 Millstone Rd housing project • Description of the organizational structure of the development team and a plan for the maintenance of effective communications between the Town and the development team during all phases of the project. 9 • Information regarding any legal or administrative actions past, pending or threatened that could relate to the conduct of the Proposer, its principals or any affiliates. • Confirmation that no local, state or federal taxes are delinquent and outstanding for the development team or any constituent thereof. • Provision of third-party references for 3 completed projects including at least one affordable housing project. Provide contact names, title and current telephone numbers, who can provide information to the Town concerning the Proposer’s experience with similar projects. Development Concept The proposal must include a detailed description of the development concept for the property and its improvements, including but not limited to: • Number and size of units (square footage and number of bedrooms) and affordability levels. Include narrative as to why/how the mix of bedrooms, sizes and affordability was determined to ensure project financial feasibility and appropriateness for the marketplace. • Preliminary site design. • Discussion of the physical plan and architectural character of the project and the various programmatic and physical elements of the development, including energy savings and green design elements of the buildings and site design. • Construction staging plan and discussion of construction impacts as to how the project will be managed to limit impact on neighbors, in particular with respect to noise and traffic during the construction period. • Project financing – provide a sources and uses pro forma (see comparative evaluation criteria), and describe previous experience in securing such funding. Describe in detail what, if any, local, state or federal subsidy money will be sought to create affordability and the timeline for securing those sources. • Projected 10 year operating budget • Letters of interest from both construction and permanent lenders (mentioned in the comparative evaluation criteria) Conceptual Design Drawings The proposal must include 11 x 17 plans including: • Site plan that shows ridgeline at northerly border, parking layout and numbers of parking spaces, roadways and walkways, building footprints, and any programmed outdoor space, and vegetated buffers. • Landscape plan with sufficient detail on how the plan addresses limiting the project impact on surrounding areas and the users of those areas • Floor plans • Elevations with material indications • Typical unit plans • Color Renderings from North, East, South, and West perspectives 10 Management Plan Please provide a management plan that includes the following: • Description of the target market (e.g. pricing and the strategy for marketing and lottery process). • In addition, if the Proposer is including a property manager as part of the team, all relevant information as outlined under ‘The Development Team’, above, including details of any projects where the Proposer and Manager have previously worked together. • Lottery for affordable units: To ensure a fair and equitable selection process for the affordable units, a lottery shall be conducted for all of the affordable units. Proposals may include a lottery agent as part of the development team. A marketing/lottery plan shall be required as part of the approval of the units for inclusion on the Subsidized Housing Inventory prior to issuance of a building permit. For the proposal, the Proposer shall indicate any other lotteries they have been involved in, their role and the outcomes. • Experience with Low Income Housing Tax Credits if proposed as a funding source. • Experience with project-based rental assistance, Section 8, 811, and/or MRVP if proposing such subsidies. The Proposer and/or its property manager must demonstrate: • A clear understanding of fair housing requirements/laws. • A clear understanding of the local preference opportunities and requirements, and how the lottery will address any local preference. • Ability and commitment to utilize appropriate stated standards to determine program and unit eligibility – i.e., qualified tenants. • Clear criteria for tenant selection and a fair and unbiased selection process. • Competency for selecting properly qualified tenants. • Ability and commitment to maintain all necessary reports and certifications required under state and federal law. Implementation Plan and Timeline The proposed development should be completed within 4 years of the execution of the Land Development Agreement. Extensions may be granted at the discretion of the Select Board. The proposal must include a description of how the development concept will be implemented, including, but not limited to: • Detailed development schedule for all elements of the plan including key milestones, financing benchmarks, zoning approvals and compliance, and projected completion/occupancy timeframes. • Outline of the required land use, environmental, operation, and other governmental or regulatory approvals, including zoning, development and environmental permits. The proposer should provide a schedule for securing approvals as part of the proposal. The Proposer should note what zoning variances, special permits or modifications, if any, are required as part of the development plan. 11 Price Proposal The Price Proposal Form (Attachment I) should be completed and submitted with the proposal. The Town expects the Lease Payment to be a nominal fee. VII. Developer Selection Criteria Minimum Threshold Criteria The following are minimum criteria for Proposal consideration. Proposals that do not clearly and fully convey compliance with these minimum criteria will not be considered. • Complete conformance with all Submission Requirements (Sec. VI) • Price Proposal Form, setting forth the lease fee for the land, found in Attachment I • Proposer must have a minimum of 5 years’ experience in affordable housing development • A successful track record of similar projects with at least 3 references • Availability to begin work towards permitting within 60 days of executing the Land Development Agreement and show sufficient staff resources and availability to perform required services • Complete required forms found in Attachment I (Certificate of Tax Compliance), Attachment J (Certificate of Non-Collusion), Attachment K (Disclosure Statement required by M.G.L. c. 7C, Section 38 (formerly M.G.L. c. 7, Section 40J) and Attachment L (Certificate of Authority) Comparative Evaluation Criteria Projects meeting the minimum threshold criteria will then be judged and scored based on the Comparative Evaluation Criteria further explained and outlined in Attachment A. Proposal Submission Terms and Requirements A. The Town reserves the right to reject any and all proposals in whole or in part, and to waive minor informalities, when in its sole discretion to do so is deemed to be in the best interests of the Town and to the extent permitted by law. B. Proposals that meet all quality requirements shall be evaluated based on responsiveness to the criteria, terms and conditions contained in this RFP and its attachments. Failure to follow the instructions, meet the criteria, or agree to the terms and conditions contained in this RFP may be cause for rejection of the proposal as non-responsive. All proposals submitted by the due date will be evaluated for conformance with the below stated minimum criteria. Those proposals that meet the minimum criteria will then be evaluated by the comparative criteria described below. Proposers may be invited to present their proposal to the review committee. The presentation will not be scored. 12 C. All proposals shall be submitted to the Town, as and where set forth above, on or before the proposal deadline. Proposals and unsolicited amendments to proposals received by the Town after the proposal deadline will not be considered, and requests for extensions of time will not be granted. Proposers who mail proposals should allow sufficient time for receipt by the Town by the proposal deadline. Proposals received after the proposal deadline will be returned to the Proposer unopened. D. All proposals shall be signed in ink by the Proposer. If the Proposer is a corporation, the authority of the individual signing shall be endorsed upon, or attached to, the proposal and certified by the clerk of the corporation. E. All proposals submitted shall be binding upon the Proposer for a minimum period of one hundred twenty (120) calendar days following the opening of proposals. F. Proposals submitted to the Town shall be securely kept and shall remain unopened until the proposal deadline and the opening of proposals. G. Proposals once submitted may, upon request of the Proposer prior to the proposal deadline, be withdrawn or amended. If amended, resubmission of the proposal shall comply with all requirements of this RFP. No amendments may be made or proposals withdrawn after the proposal deadline. H. Negligence on the part of the Proposer in preparing the proposal confers no right of withdrawal after the proposal deadline. The Town does not assume any responsibility for errors, omissions, or misinterpretations which may have resulted in whole or in part from the use of incomplete proposal documents. Any Proposer finding an ambiguity, inconsistency, or error shall promptly notify the Town. I. If it becomes necessary to revise any part of this RFP or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all Proposers who have requested this RFP and provided their contact information. No addenda will be issued within the immediate five (5) business day period prior to the proposal deadline. J. By submitting a proposal in response to this RFP, the Proposer shall be deemed to have certified that no officer, agent, or employee of the Town has a direct or substantial financial interest in the procurement, that the proposal is submitted in good faith and exclusively on Proposer's own behalf, without fraud, collusion or connection of any kind with any other Proposer for the same work or with any undisclosed party. K. Proposers may add additional stipulations or otherwise qualify their proposals, but the Town shall retain the sole right to judge the importance of any such stipulation or qualification. If the Town determines that the stipulation or qualification is not in its best interest and/or is materially unacceptable, and if the Proposer does not clearly indicate this to be an alternative for consideration, then the Town reserves the right to reject such proposal. L. Selection of a Proposer’s proposal will not create any rights on the Proposer’s part, including, without limitation, rights of enforcement, equity or reimbursement, until the Land Development Agreement and all related documents are fully executed. 13 M. It is understood, agreed upon and made a part hereof, and shall be a part of the Land Development Agreement, that the Agreement entered into between the Town and the Proposer and/or the Proposer’s rights therein shall not be assigned, except to an entity formed by the Proposer for the purpose of entering into the Group Lease,, unless or until the Town shall have first assented thereto in writing, in its sole discretion. N. The Town reserves the right to modify any specifications and submission requirements associated with the proposal and the scope of the project. VIII. Selection Process The evaluation committee, consisting of the Brewster Affordable Housing Trust, will review and evaluate all proposals that have been received by the submission deadline based on the criteria outlined herein, and make a recommendation to the Select Board after determining which proposal is deemed the most advantageous and responsive proposal. Evaluation of the proposals will be based on the information provided in the Proposers’ submissions in accordance with the submission requirements of this RFP and any interviews, references, and additional information requested and/or gathered by the Town. Each proposer must include sufficient supporting material to allow a meaningful and comprehensive evaluation of its proposal. The Town reserves the right to disqualify any proposal or response due to insufficient supporting or explanatory information, or to request additional supporting information. The Town may request additional information of one or more proposers relative to a proposal or qualifications. Requests shall be in writing with the expectation of a written response within a specified time. Proposers may also be invited to appear before the evaluation committee and/or the Select Board. Failure to comply with this request will result in a rejection of the proposal at issue. Following the receipt of any additional information requested of the proposers by the Town, if any, proposals will be evaluated and rated by the Town according to the comparative evaluation criteria set forth in this RFP. The Town will select the most advantageous proposal, taking into consideration all of the evaluation criteria set forth in this RFP. The Town will notify all Proposers in writing of its decision. The Town reserves the right to reject any or all proposals or to cancel this Request for Proposals at any time if doing so is in the best interest of the Town. IX. Post Selection Land Development Agreement and Ground Lease The proposer selected by the Town will be given exclusive rights to negotiate with the Town the terms of the Land Development Agreement (LDA) and the Lease of the property, which LDA and Lease will be substantially on the same terms as the LDA and Lease attached hereto as Attachment D. If, at any time, such negotiations are not proceeding to the satisfaction of the 14 Town, it its sole discretion, then the Town may choose to terminate said negotiations. The Town may select another proposer with whom to initiate negotiations. The selected proposer and the Town shall enter into the LDA within ninety (90) days from the date the proposer is notified of the award unless the Town extends the same, in its discretion. Once all conditions of the LDA are met, the Ground Lease will be finalized and endorsed. Chapter 30B Real Property Developments to Promote Public Purpose Requirements If the Town determines that the public purpose of the project is best met by leasing the property for less than fair market rental value, the Town will post a notice in the Central Register explaining the reasons for this decision and disclosing the difference between the fair rental value and the rent to be received. This notice will be published before the Town enters into any agreement with the selected developer. 1 X. Attachments A. Comparative Evaluation Criteria B. Locus Map and Existing Conditions Survey C. Deed & Town Meeting Votes D. Draft Land Development Agreement and Ground Lease E. Housing Production Plan F. Bohler Reports: Due Diligence and Watershed G. Bohler Buffer Plan H. Community Engagement Reports and Conceptual Site Designs I. Price Proposal Form J. Certificate of Tax Compliance K. Certificate of Non-Collusion L. Disclosure Statement M. Certificate of Authority 2 ATTACHMENT A Comparative Evaluation Criteria: 0 Millstone Rd, Brewster Unacceptable Advantageous Highly Advantageous Developer Experience & Capacity (Team) • Demonstrated experience as a principal or lead development officer in and capability for designing, permitting, developing and managing similar residential projects. • Outcome of comparable projects • Experience with site septic system issues • Property management experience with similar projects • The quality of the team’s reputation and references, particularly in terms of its regulatory track record and ability to complete projects as proposed • Success in marketing approach, including affirmative fair housing marketing plans and lottery, meeting State requirements Development team members have only minimal experience in the development of projects with similar scope – including legal, design, development, financing, and management experience with rental housing. Development team members have significant experience in the development of projects of similar scope – including legal, design, financing, affordable housing management. Significant experience (2 or more projects) including with private septic. Energy efficient buildings are not part of standard approach. Past developments demonstrate good property management structure. Development team members have extensive experience in the development of projects of similar scope – including legal, design, financing, affordable housing management. Extensive experience (4 or more projects) including with private septic. Energy efficient design is their standard approach to design and development. Past developments demonstrate excellent property management structure and professionalism. Affordability Proposal meets a range of incomes. All of the units must be restricted to households at or below 80% AMI Less than 100% of the units are affordable to 80% AMI. All units are affordable to 80% AMI All of the units are affordable to 80% AMI or below with the affordability ranging from 30% AMI to 80% AMI 3 Site Design • Thoughtful and efficient site design using the natural topography of the site as much as feasible • Efficient, safe internal traffic flow • Underground utilities • Exterior lighting – minimal impact to neighbors and night sky • Landscape plan including within parking area includes native plantings and, when feasible, enhances rather than replaces existing vegetation • Designated area for snow • Adequate parking and walkways for residents and visitors • Natural buffer to surrounding residential neighbors as required in the narrative (Section IV, Site) • Respects adjacent properties • Provides programmed outdoor community gathering space for a variety of ages • Includes bike racks Proposal fails to meet the majority of the RFP criteria for site design. The proposal meets some or all of the RFP site design criteria with thoughtful building siting, safe, efficient traffic flow, and maintains the natural buffers to surrounding neighborhoods, as required. Proposal meets or exceeds all of criteria Infrastructure and Green Design • Underground utilities • Storm water management uses standards of low impact development • Buildings are located for maximum solar potential • Roof construction is “solar ready” (designed to support solar panels) • Meets green design standards for LEED, Passive House, or other comparable programs • Provide charging station(s) for EVs Proposal fails to meet a majority of the RFP criteria for infrastructure and green design The proposal meets some of the RFP infrastructure and green design criteria Proposal meets the or exceeds all of criteria 4 Building Design • Conceptual design includes four (4) or more buildings • Exterior is of high quality, while remaining compatible with local architectural design • Creative design that is cost effective and high quality • Interior design and layouts meet a variety of household sizes, aesthetics, and resident mobility needs • Finishes support durability and low-maintenance for tenants • Construction maximizes soundproofing between units • Provides community space for residents, preferably with kitchen facilities • Includes office space for management • Provides storage space, either in basements or sheds • Prefer individual exterior space (patios or balconies) Design appears incongruous with local designs, interior layout does not meet a variety of household types and mobility needs, and does not comply with a majority of the RFP criteria Design reflects or complements local designs, layout provides for a variety of household types and mobility needs, Complies with a majority of the RFP criteria and preferences Design proposal articulates a creative development vision that is a cost-effective, energy efficient, attractive design that reflects and/or complements the local aesthetics, and provides a variety of household types and mobility needs. Complies with all of the RFP criteria and preferences Financial Feasibility • Adequacy of proposed budgets (development and operating) • Appropriateness of rents in relation to the market • Track record of securing proposed financing • Availability and likelihood of approval of proposed pre-development, construction and permanent financing Proposals does not demonstrate an understanding of development costs and operating budgets for affordable housing and/or does not have a successful record of securing financing. Proposal contains realistic development and operating budgets and evidence of success in securing necessary financing. Proposal contains realistic development and operating budgets and evidence of a high degree of success in securing necessary financing and other sources of funding. 5 References, Site Visits, and Interviews • A minimum of three references including references from all projects undertaken in the last 10 years • The evaluation committee may choose to visit proposers’ completed projects • The evaluation committee may require proposers present their proposals. Presentations will not be scored. Did not provide minimum of 3 references, or references were poor and/or inadequate. Properties visited were in poor condition. Strong references reflecting projects came in on time and within budget, good property management structure. Properties visited were in good condition, site layout was efficient, and buildings were well designed. Strong references reflecting timely completion, excellent budget control, excellent property management structure and professionalism of developer. Properties visited were in great condition, site layout building design, and landscaping excellent, and use of energy efficient and durable materials. 6 Attachment B Locus Map – 0 Millstone Rd, Brewster, MA 02631 8 ATTACHMENT C Deeds and Town Meeting Votes 9 10 11 12 13 14 15 16 ATTACHMENT D Land Development Agreement and Ground Lease LAND DEVELOPMENT AGREEMENT THIS LAND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of this _____ day of _____________________, 202___ by and between the Town of Brewster, acting by and through its Selectboard, having an address of Brewster Town Hall, 2998 Main Street, Brewster, MA 02631 (the “Town”), and ______________________________, a Massachusetts ___________________, having an address of _________________________________ (the “Developer”). Recitals WHEREAS, the Town is the owner of a parcel of land (the “Property”) located at 0 Millstone Rd, Brewster, Massachusetts, consisting of 16.61 acres, more or less, and described in deeds recorded with the Barnstable Registry of Deeds (the “Registry”) in Book 18897 Page 134 and Deed Book 31410 Page 87; WHEREAS, by the vote under Article 42 of the 2019 Annual Town Meeting, the Town authorized the Selectboard to dispose of the Property for affordable housing purposes on such terms and conditions as the Selectboard deems appropriate; WHEREAS, on ___________________, 2021, the Town issued a Request for Proposals (the “RFP”), which is incorporated herein, soliciting proposals for the development, construction and operation of not more than ninety (90) affordable rental housing bedrooms on the Property; WHEREAS, the Developer submitted a proposal on ______________, 2021 in response to the RFP (the “Proposal”), which is incorporated herein, proposing to construct _____________ (___) dwelling units on said portion of the Property (as defined below, the “Improvements”), as more particularly described in the RFP and the Proposal, and operate an affordable housing rental development thereon (collectively, the “Project”); WHEREAS, the Town has awarded the Project to the Developer; WHEREAS, the Town and the Developer intend to enter into a ninety-nine (99) year ground lease substantially on the same terms as those set forth in the lease attached hereto as Exhibit B and incorporated herein (the “Ground Lease”), pursuant to which the Developer will construct the Improvements and operate the Project; WHEREAS, the obligations of the Town and the Developer to enter into the Ground Lease are contingent, among other things, on the Developer obtaining the permits and approvals necessary for the construction and operation of the Project and on financing in amounts sufficient in the Town’s and Developer’s reasonable judgment to construct the Improvements; and 17 WHEREAS, the parties wish to enter into this Agreement to memorialize the terms and conditions under which the Town and the Developer will enter into the Ground Lease. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration each to the other paid, receipt of which is hereby acknowledged, the parties hereby agree as follows: I. LEASE CONTINGENCIES 1.1 Lease of the Property. The Town shall, within thirty (30) days from the date on which the Lease Contingencies (defined below) are satisfied (the “Lease Commencement Date”), lease the Property, together with all appurtenant easements, rights, restrictions, privileges, licenses covenants, and other matters that benefit or burden the Property (collectively, the “Premises”), to the Developer for the purpose of developing and operating the Project on terms substantially similar to the terms and conditions set forth in the Ground Lease attached hereto as Exhibit B and incorporated herein, which shall include terms governing the construction and development of the Project on the Property and shall be a “triple-net” lease under which the Developer shall be solely responsible for the Premises and the Project, including, without limitation, any and all insurance, operating and maintenance costs, and applicable taxes, among other costs and expenses (the “Ground Lease”). 1.2 Condition of Property. The Premises will be delivered to the Developer, and the Developer, subject to the provisions of Section 2.1, hereby agrees to accept the Premises in their then “AS-IS” condition, without any representation or warranty of any kind or nature, express or implied, in fact or by law, on the part of the Town and without recourse to the Town. The Town shall have no obligation to do any work on or make any improvements to or with respect to the Premises or the condition thereof. The Developer acknowledges that the Town has no responsibility for, and hereby releases and holds harmless the Town from any and all damages, loss, costs, expenses (including any and all attorneys’ fees, and expenses of the Town), claims, suits, demands or judgments of any nature whatsoever, related to any hazardous waste, oil, hazardous material or hazardous substances, as those terms are defined by any applicable law, rule or regulation, including, without limitation, the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act, G. L. c. 21E, the Massachusetts Hazardous Waste Management Act, G.L. c. 21C, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9601 et seq. and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq. (herein collectively referred to as “Hazardous Waste”). The provisions of this Section shall survive the expiration and/or termination of this Agreement. 1.3 Use of the Premises. The Developer will use the Premises for the sole purpose of constructing __________ (____) residential units thereon and renting _____________ (____) at affordable prices. The units shall consist of _______ (___) studios, _______ (___) one-bedroom units, _______ (___) two-bedroom units and _______ (___) three-bedroom units, subject to minor modification during the permit process. 1.4 Lease Contingencies. The Town and the Developer shall enter into the Ground Lease on the Lease Commencement Date, which is to occur within thirty (30) days from the date 18 on which all of the following conditions have been satisfied (collectively, the “Lease Contingencies”): (a) Permits and Approvals: The Developer shall have received final permits and approvals for construction of the Improvements and the operation of the Project, any and all appeal periods shall have expired; (b) Approved Plans and Specifications: The Town shall have approved the Developer’s plans and specifications for the Improvements to be constructed on the Property and any other improvements made on or to the Premises, showing conceptual plans of the units, the landscaping, and the other improvements to be constructed on the Premises and substantially in conformity with the RFP and the Proposal (the “Improvement Plans”), which approval shall not be unreasonably delayed, conditioned or withheld. The Town and the Developer agree to cooperate reasonably and in good faith with each other to resolve any objections that either may have. The provisions of this Section are intended to refer to the approval of the Brewster Selectboard and do not constitute the approval of or substitute any permits or approvals required from any federal, state and/or local regulatory bodies or approvals required under any applicable laws, rules, regulations, and bylaws, including the Town of Brewster Zoning Bylaws; (c) Project Financing Closing: The Developer shall have received firm Project financing commitments from institutional lenders and/or public or quasi-public entities, showing that sufficient funds have been committed, in the Town’s and the Developer’s reasonable judgment, to construct the Improvements and to operate and maintain the Project (the “Project Funds”), and Developer shall close on such financing and receive the Project Funds on or prior to the Lease Commencement Date. The Developer shall provide the Town with a guaranty at loan closing, given by a guarantor reasonably acceptable to the Town, guaranteeing the Developer’s obligation to construct the Project on the terms set forth in the Ground Lease; (d) Affordable Housing Restriction. On the Lease Commencement Date, the Developer will record a restriction on the Property ensuring that _______ (___) units constructed on the Property are rented to persons at affordable prices; specifically, ______ (___) units shall be rented to persons earning no more than _______ percent (___%) of the area median income in the Metropolitan Statistical Area that includes the Town of Brewster (“AMI”), _______ (___) units shall be rented to persons having an income of no more than ________ percent (___%) of AMI, and the remaining _______ (___) units shall be rented to persons with incomes of no more than _________________ percent (___%) of AMI, for the term of the Ground Lease, which restriction shall be on terms satisfactory to the Developer and the Town and approved by the Massachusetts Department of Housing and Community Development (“DHCD”) under G.L. c. 184, § 31, including all the units in the Town’s Subsidized Housing Inventory (“SHI”), which may be in the form of a Regulatory Agreement acceptable to and entered into by and among the Developer, the Town, and DHCD, and/or a separate restriction granted by the Developer to the Town, at the Town’s sole discretion (either or both, the “Restriction”). The Restriction shall be recorded with the Registry at the Developer’s sole cost and prior to any mortgages, liens or other encumbrances recorded against the 19 Property (unless each mortgage or lien holder shall have executed a subordination agreement, acceptable to the Town, expressly subordinating its mortgage or other lien to the Restriction). Alternatively, or in addition to the foregoing, the Town may, at its discretion, incorporate the terms of the Restriction in the Ground Lease; and (e) Title Matters. The Property shall be free from recorded monetary liens and from title defects or encumbrances of record that would materially interfere with the use of the Premises for the development and operation of the Project. In the event that title defects are found, the Town will use reasonable efforts to cure said defects, provided that reasonable efforts shall not require the Town to expend more than $2,500, inclusive of attorney’s fees, or commence any litigation or other legal proceeding. 1.5 Lease Contingency Period. The Developer shall use commercially diligent and good faith efforts to obtain the necessary permits and approvals and financing to construct, operate and maintain the Improvements, to conduct its property inspections under Section 2.1, to review the title to the Property, and to satisfy the other Lease Contingencies within ____________ (___) months from the date on which this Agreement (the “Initial Diligence Period”), which period may be extended by the Town in writing only if the Town reasonably determines that the Developer has used such efforts to satisfy the Lease Contingencies, with such extension to be no more than an additional six (6) months from the expiration of the Initial Due Diligence Period (the “Extended Diligence Period”, and, together with the Initial Diligence Period, the “Diligence Period”). The Developer shall inform the Town in writing at least every four (4) months during the Diligence Period, or at such sooner or later intervals as the Town may reasonably request, on the efforts made by the Developer to satisfy the Lease Contingencies and provide such other information as the Town may reasonably request to document such efforts. Time shall be of the essence hereof. 1.6 Failure to Satisfy Preconditions. Notwithstanding anything in the RFP or this Agreement to the contrary, in the event that the Lease Contingencies are not satisfied within the Initial Diligence Period, or, if extended by the Town, the Extended Diligence Period, either party may terminate this Agreement by providing the other with at least thirty (30) days prior written notice, provided, however, that if all the Lease Contingencies are satisfied within said thirty (30) day period, this Agreement may not be terminated by either party. In the event of termination, this Agreement shall be null and void and without recourse to the parties, except for those provisions that are stated herein to survive said termination. 1.7 Title to Property. The Town shall retain the fee to the Property, and shall execute a notice of lease for recording at the Registry. 1.8 Assignability. The Developer shall have no right to assign or transfer its rights hereunder and/or under the Ground Lease of the Property without the Town’s prior written consent, which shall not be unreasonably withheld if: (a) the assignee is a limited liability company created solely for the purpose of receiving tax credits (with the general partner thereof being owned and controlled by the Developer) or any other entity owned and controlled by the Developer, (b) the Developer sends written notice to the Town at least thirty (30) days prior to any such transfer, notifying the Town of the transferee’s name and evidence of the control that the Developer exercises over such transferee, and obtains the Town’s written consent, (c) any 20 such transferee or assignee enters into an Assumption Agreement, expressly agreeing to perform all of the Developer’s obligations hereunder and under the Lease; and (d) the Developer shall guarantee the transferee’s performance of such obligations, and shall be jointly and severally liable with the transferee until the Project has been completed. Notwithstanding the foregoing, the Developer shall have the right to assign this Agreement and the Ground Lease to DHCD or any institutional lender providing financing for the Project in connection with a leasehold mortgage or security interest securing a loan necessary to complete development of the Project, subject to the terms of this Agreement. II. PROPERTY INSPECTIONS 2.1 Access. The Developer and its agents, employees, representatives, consultants, contractors and invitees (with the Developer and others acting by, through or under the Developer, the “Developer Parties”) shall have the right to enter upon the Property from time to time, upon at least two (2) business days prior notice to the Town, for the purpose of conducting its due diligence and such inspections as the Developer deems appropriate, including, without limitation, surveys; wetlands inspections and flagging and visits by the Developer’s wetlands consultants for these purposes or other wetlands inspection; geotechnical investigations of the Premises; and, if recommended pursuant to a Phase 1 assessment, soil sampling of the Premises by Developer’s environmental consultants, whether for Hazardous Waste or other purposes. The Developer may remove trees or shrubs from the Premises only if reasonably necessary to provide access for test pits and other investigations only in accordance with a plan approved by the Building Commissioner at least seven (7) calendar days prior to such removal, which approval shall not to be unreasonably withheld. The Developer acknowledges and agrees that the Town makes no representation or warranty as to the condition of the Property, and the Developer releases and holds the Town harmless against any claim by the Developer or any of the other Developer Parties for harm to them or their property arising from said entry. The Developer shall promptly restore the Property to substantially its condition prior to said entry and repair any damage caused to the Property. The Developer’s obligation to repair and restore the Property shall survive the termination of this Agreement. 2.2 Hazardous Materials. In the event that the Developer finds Hazardous Waste in reportable quantities on the Property and the cost of remediating the same in compliance with G.L. c. 21E to a Release Action Outcome is estimated by an engineer acceptable to both parties to exceed $100,000.00, and informs the Town of the same in writing (the “Environmental Notice”), and if the Town, in its sole and absolute discretion, gives notice to the Developer of its intention to remediate such contamination within sixty (60) days of receiving the Environmental Notice and thereafter remediates such hazardous condition within a reasonable period of time, but not to exceed the Diligence Period in any event (as such Diligence Period may be extended in accordance with Section 2.1), in full compliance with applicable law, with the Town paying all of the costs of remediation, the Developer shall fulfill its obligations under this Agreement. Nothing herein shall require or obligate the Town to remediate any contamination on the Property. If the Town elects not to remediate the same, the Developer may terminate this Agreement by giving the Town thirty (30) days prior notice thereof, whereupon this Agreement shall be null and void and without recourse to the parties, except for those provisions that are stated herein to survive said termination. 21 2.3 Indemnification. The Developer shall defend, indemnify and hold harmless the Town and those acting by or through the Town from any and all liabilities, damages, loss, costs, expenses (including reasonable attorneys’ fees), causes of action, suits, claims, demands or judgments (any, “Claims”) arising out of or related to this Agreement, the rights granted under Section 2.1, the act or omission of any of the Developer Parties, for any material change in the Developer’s representations and/or warranties, for the Developer’s failure to comply with the terms of this Agreement or any applicable laws, rules, regulations and/or bylaws, and/or for any Hazardous Materials (defined below) that are brought upon, stored, located, released, discharged, possessed, managed, processed, or otherwise handled on or present on the Property, by the Developer and/or any of the other Developer Parties and/or for failing to comply with any environmental laws, rules, regulations and/or bylaws (the latter, the “Developer Hazardous Activities”), except if caused directly by the gross negligence of the Town. The Developer shall be solely responsible for assuming and paying any and all liabilities, damages, loss, costs expenses, causes of action, suits, claims, demands or judgments (including, without limitation reasonable attorneys’ fees and experts’ fees and expenses, clean-up costs, waste disposal costs and other costs, expenses, penalties and fines within the meaning of any law, regulation, code or bylaw relating to Hazardous Materials) that arise or are related to the Developer Hazardous Activities. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such Claims brought thereon, and the defense thereof. The foregoing obligations shall survive the expiration or termination of this Agreement. 2.4 Insurance. The Developer shall obtain and maintain through the term of this Agreement comprehensive general liability insurance, including coverage for bodily injury, wrongful death and property damage, in the minimum amount set forth herein to support the obligations of the Developer under the terms and conditions of this Agreement to indemnify, defend and hold harmless the Town: General Liability: $1,000,000.00/occurrence, $2,000,000.00/aggregate; Bodily Injury Liability: $1,000,000.00/occurrence, $2,000,000.00/aggregate, and umbrella insurance in the amount of $5,000,000.00, which shall name the Town as an additional insured. The Developer shall provide the Town with a copy of such insurance policy prior to entering the Property and at such times as the Town may request, showing compliance with the foregoing provisions. The insurance coverage required hereunder shall be issued by insurance companies licensed by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best’s rating of A or better. III. DEFAULT, TERMINATION 3.1 Events of Default. It shall be an event of default under this Agreement if, after the Town has given the Developer sixty (60) days prior notice thereof, the Developer fails to proceed diligently to obtain the necessary permits and approvals, obtain financing, and/or satisfy the other Lease Contingencies that are the responsibility of the Developer, or the Developer fails to comply with any of the other material terms of this Agreement. The Town shall have the right to terminate this Agreement and pursue any and all available rights and remedies, and, if such termination is due to Developer’s failure to use good faith and commercially diligent efforts to satisfy the Lease Contingencies, the Town shall have the right to recover any costs and expenses (including reasonable attorneys’ fees) incurred by the Town under this Agreement. 22 3.2 Termination. In the event that this Agreement is terminated, the Developer shall promptly repair any damage caused to the Property by the Developer or its agents, employees, contractors or representatives and restore the Property to its condition prior to the Developer’s entry. IV. GENERAL PROVISIONS 4.1 Cooperation. The Town agrees to use reasonable efforts to assist the Developer, at the Developer’s sole cost and expense, in obtaining any and all permits, approvals and other authorizations required by any governmental authorities with respect to the Project and in satisfying other Lease Contingencies that are the responsibility of the Developer, but the Developer acknowledges that the Town has no control over and cannot guarantee that permits required from municipal boards or officers within their statutory or regulatory authority will be granted or fees will be waived. 4.2 Development of the Property. Subject to delivery of the Ground Lease of the Premises, and all other terms and conditions herein, the Developer agrees for itself and its successors and permitted assigns and at its sole cost and expense to develop the Project on the Property and substantially complete the same within ______ (____) months from the Lease Commencement Date, as evidenced by final Certificates of Occupancy for all ______ (___) units. 4.3 Costs of Enforcement. The Developer agrees to reimburse the Town for any and all costs and expenses, including reasonable attorneys’ fees and court fees, incurred by the Town in enforcing this Agreement. 4.4 Representations and Warranties. The Developer represents that the following representations and warranties are true and accurate as of this date and shall continue as such through the date on which the Ground Lease is signed by the Developer and the Town: (a) The Developer is a duly organized and existing ______________________ in good standing under the laws of the Commonwealth of Massachusetts and has the power and authority to enter into and perform its obligations under this Agreement, and every other agreement or instrument entered into or to be entered into by it pursuant to this Agreement. (b) The Developer has the power, authority, and legal right to enter into and perform this Agreement, and each other document entered into or to be entered into by it pursuant to this Agreement, and the execution, delivery and performance hereof and thereof: (i) have been duly authorized; (ii) have the requisite approval of all governmental bodies; (iii) will not violate any judgment, order, law or regulation applicable to Developer or any provisions of the Developer’s organizational documents; and 23 (iv) do not conflict with, constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the Developer under any agreement or instrument to which the Developer is a party or by which the Developer or its assets may be bound or affected. (c) Developer represents that, to the best of its knowledge, there are no pending or threatened actions or proceedings before any court or administrative agency which would materially adversely affect the financial condition of the Developer, or the ability of the Developer to perform its obligations under this Agreement, or under any other documents entered into by the Developer pursuant to this Agreement. (d) The Developer has made or will make its independent investigation and inquiry into all matters relevant to its entering into and performing its obligations under the Agreement without reliance on any statement or representation of the Town except as expressly set forth herein. 4.5 Waiver. The failure on the part of the Developer or the Town, as the case may be, to complain in any one or more cases of any action or non-action on the part of the other party, or to insist in any one or more cases upon the performance of any of the provisions, covenants, agreements or conditions of this Agreement or to exercise any option contained herewith, no matter how long the same may continue, shall never be deemed or construed to be a waiver by such party of any of its rights hereunder, or a relinquishment for the future of any such provision, covenant, agreement, condition or option. Further it is covenanted and agreed that no waiver at any time of any of the provisions hereof by the Developer or the Town shall be construed as a waiver of any of the other provisions hereof, and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. 4.6 Limitation on Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any consequential, incidental, or punitive damages. 4.7 No Partnership. Nothing contained under this Agreement shall be construed to create a partnership or joint venture between the Town and the Developer or to make the Town an associate in any way of the Developer in the conduct of the Developer’s business, nor shall the Town be liable for any debts incurred by the Developer in the conduct of the Developer’s business. 4.8 Attorneys’ Fees. In any litigation between the parties arising out of this Agreement, or in connection with any other actions taken or notices delivered in relation to a default by any party to this Agreement, the non-prevailing party shall pay to the prevailing party the prevailing party’s reasonable attorneys' fees and costs incurred in connection with the enforcement of the terms of this Agreement. 4.9 Brokers. Each warrants and represents to the other that it has had no dealings or 24 negotiations with any broker or agent in connection with this Agreement. Each agrees to pay, and shall hold the other harmless and indemnified from and against any and all costs, expenses (including without limitation counsel fees) or liability for any compensation, commissions and charges claimed by any broker or agent resulting from any such dealings by the indemnifying party with respect to this Agreement or the negotiation therefor. 4.10 Town’s Cost. The Developer shall reimburse the Town for its reasonable attorneys’ fees and out-of-pocket expenses incurred in connection with any request by the Developer for the Town’s consent hereunder. 4.11 Headings and Captions for Convenience Only. The captions and headings throughout this Agreement are for convenience of reference only and the words contained therein shall in no way be held or deemed to define, limit, explain, modify, amplify or add to the interpretation, construction or meaning of any provisions of, or the scope or intent of this Agreement, nor in any way affect this Agreement, and shall have no legal effect. 4.12 Term of Agreement. This Agreement, if not earlier terminated pursuant to Section 2.1 or other sections of this Agreement, shall expire once the parties have entered into the Ground Lease and the Developer and the Town have satisfied all of their other obligations under this Agreement. 4.13 Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remaining terms, covenants, conditions and provisions shall not be affected thereby, and each term, covenant, condition and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 4.14 Dates. If the end of any time period herein, or if any specified date, falls on a weekend or national or state holiday, then the end of such time period, or such date, as the case may be, shall be extended to the next business day thereafter. Any period provided herein for action by the Developer shall end at 4:00 P.M. on the last day of such period, unless this Agreement provides that performance is due by a different time on that day. 4.15 Governing Law. This Agreement shall be governed exclusively by the provisions of the laws of the Commonwealth of Massachusetts. Exhibits: Exhibit A: Plan of Land Exhibit B: Ground Lease 761113v2/WELL/0182 [Signature Page Follows] 25 Executed as a document under seal on this _____ day of _______________, 202___. TOWN OF BREWSTER, DEVELOPER: By Its Selectboard ______________________________ By: Name: Title: ______________________________ ______________________________ ______________________________ ______________________________ 26 GROUND LEASE Between THE TOWN OF BREWSTER And ________________________________________________ Dated as of ___________________ GROUND LEASE This Ground Lease (this “Lease”) is entered into as of this _____ day of _________________, 202__, by and between the Town of Brewster (the “Town”), a body politic and corporate of the Commonwealth of Massachusetts, having an address of Town of Brewster, Town Hall, 2198 Main Street, Brewster, MA 02631 and ______________________ (“Tenant”), a Massachusetts corporation/limited liability company, having an address of ________________________. BACKGROUND WHEREAS, the Town is the owner of a 16.61-acre parcel of land, more or less, located at 0 Millstone Road, Brewster, Massachusetts, more or less, and described in deeds recorded with the Barnstable County Registry of Deeds (the “Registry”) in Book 18897 Page 134 and Deed Book 31410 Page 87 (the “Property”), which is shown more particularly on the plan attached hereto as Exhibit A and incorporated herein; WHEREAS, on ______________________, the Town issued a Request for Proposals (the “RFP”), incorporated herein by reference and a copy of which is on file with the Brewster 27 Town Clerk, soliciting proposals for the development, construction and operation of not more than ninety (90) affordable bedrooms on the Land (the “Property”); WHEREAS, ______________________ (the “Developer”) submitted a proposal in response to the RFP (the “Proposal”), incorporated herein by reference and a copy of which is on file with the Town Clerk, proposing to develop, construct, operate, and maintain on the Property _____________ (____) residential dwellings and to rent the dwellings to low and moderate income households (the “Project”); WHEREAS, the Town accepted the Proposal; WHEREAS, the Town and the Developer entered into a Land Development Agreement dated _________________, 2021 (the “LDA”), incorporated herein by reference and a copy of which is on file with the Town Clerk, that stated the conditions that must be satisfied before the Town would lease the Property and set forth the basic terms regarding the development of the Property; WHEREAS, the Developer is required under the LDA to obtain permits and financing necessary to undertake the Project; WHEREAS, the Developer has formed the Tenant for the purpose of entering into this Lease with the Town, all as provided in the LDA; WHEREAS, pursuant to the LDA, the Developer obtained a Comprehensive Permit from the Brewster Zoning Board of Appeals _____________________ (as amended from time to time as permitted herein, the “Comprehensive Permit”), pursuant to which Tenant will construct the Project, all as set forth in the Comprehensive Permit; WHEREAS, Tenant has obtained a construction loan for the Project from _______________________ (the “Construction Loan”), which Construction Loan is presently secured by a first priority leasehold mortgage on the Premises (defined in Section 1.1) (the “Construction Mortgage”); WHEREAS, Tenant has obtained a commitment for a permanent loan of $____________ (the “Permanent Loan”) for the Project from __________ (“Permanent Lender”), which Permanent Loan shall be secured by a first priority leasehold mortgage on the Premises (the “Senior Permanent Mortgage”, and has entered into a Regulatory Agreement with the Department of Housing and Community Development (“DHCD”) and the Town, recorded with the Registry in Book _______, Page _______ (the “Regulatory Agreement”); WHEREAS, the Tenant has obtained commitments for subordinate loans from various lenders which loans shall be secured by a leasehold mortgage on the Premises junior to the Senior Permanent Mortgage pursuant to the terms of a master subordination agreement to be recorded with said Deeds, therewith; 28 WHEREAS, the Town and Tenant wish to enter into this Lease to set forth the terms and conditions under which Tenant will develop, construct and operate the Project substantially in accordance with the RFP, the Proposal, the LDA, the Restriction (defined in Section 8.6), and this Lease (collectively, the “Project Documents”). NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration each to the other paid, receipt of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE 1 - PREMISES 1.1 Lease of Premises. The Town, for and in consideration of the covenants and agreements hereinafter contained on the part of Tenant to be paid, kept and performed, hereby leases and demises to Tenant, and Tenant hereby leases from the Town, for the Term (defined in Section 2.1), upon the terms and conditions set forth herein, the following described premises (collectively, the “Leased Premises”): The Property and any and all improvements thereon, together with any and all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the Property or the use or occupancy of or access to the Property, whether or not of record, subject to the terms of this Lease. 1.2 Premises. The Leased Premises and any and all improvements constructed or placed on the Leased Premises from the date of this Lease (the “Improvements”) are referred to, collectively, as the “Premises.” 1.3 Condition of the Premises. Tenant acknowledges that it has leased the Premises after a full and complete examination thereof and finds the Premises satisfactory for its intended use and, notwithstanding the foregoing, accepts the Premises in its “AS IS” condition, in the condition and state the Premises are in as of the Commencement Date (as defined herein), without any representation or warranty, express or implied, by the Town except for those representations, covenants and agreements stated expressly in this Lease, if any. Landlord is not required to, and shall not, furnish any services or facilities or to make any repairs or alterations in or to the Premises, unless otherwise required by a government authority and except as otherwise required in this Ground Lease. 1.3 Town’s Access Rights. The Town shall have the right, upon reasonable prior notice to Tenant, consisting of not less than 48 hours’ notice (except in the event of an emergency, in which case notice shall be given as soon as reasonably practicable), to enter the Premises from time to time and at any time during the Term of this Lease for the purposes of inspecting the Premises, reviewing Tenant’s compliance with applicable Legal Requirements, and exercising any other reserved rights, provided the Town does not unreasonably interfere with the use of the Premises by Tenant and other entitled thereto. The Town will repair any damage caused by the Town to the Premises or to Tenant’s other property arising out of such entry. 1.6 Quiet Enjoyment. The Town covenants and agrees with Tenant that, so long as no Event of Default (defined in Section 14.1) has occurred under this Lease, the Tenant 29 shall and may, at all times during the term of this Lease, peaceably and quietly have, hold and enjoy the Premises and all rights, appurtenances and privileges belonging or in any way appertaining thereto without hindrance or molestation, provided that the Town and its authorized agents may enter upon and examine the Premises as provided herein. ARTICLE 2 - TERM 2.1 Term. The Premises are hereby leased unto Tenant and its successors and assigns for a term of ninety-nine (99) years (the “Term”), commencing on _______________ (the “Commencement Date”) and ending on __________________ (unless earlier terminated in accordance with the provisions hereof, the “Termination Date”). ARTICLE 3 - TENANT’S IMPROVEMENTS 3.1 Initial Improvements. (a) Tenant shall construct ___________ (___) residential units on the Premises and any and all other improvements shown on and described in the plans and specifications attached to the Comprehensive Permit (collectively, the “Initial Improvements”), which are incorporated herein by reference and a copy of which are on file with the Town Clerk (the “Design Plans”), with such construction commencing within sixty (60) days of the Commencement Date (as the same may be extended in accordance with Section 3.1(b), the “Construction Start Date”). The construction of the Initial Improvements shall comply with the Comprehensive Permit, as the same may be amended from time to time, except that in no event shall the number of affordable units be reduced, and, further, no other material changes shall be made to any other provision of the Comprehensive Permit that relates to this Lease unless the Tenant submits an application to the Brewster Zoning Board of Appeals for a modification of the Comprehensive Permit (any or all of the foregoing, a “Material Modification”). Tenant shall construct the Initial Improvements using commercially diligent efforts in material accordance with the Final Plans (defined in Section 3.3) and in accordance with the Schedule of Performance set forth below. For purposes of this Lease, construction of the Initial Improvements shall be deemed to have “commenced” upon the commencement of actual physical work (including, without limitation, site work) on the Premises pursuant to a full, unconditional building permit for the construction of the Initial Improvements, and “Final Completion” of the Initial Improvements will be deemed to have occurred upon the issuance of the final permanent certificate of occupancy for the Initial Improvements (the “Final Completion Date”). The Initial Improvements shall reach Final Completion within two (2) years of the Construction Start Date (the “Schedule of Performance”). (b) Notwithstanding the foregoing, if the commencement of the Initial Improvements is prevented or delayed beyond the Construction Start Date or the construction is interrupted after its commencement because of strikes, lockouts, labor troubles, inability to procure materials, power failures, riots, insurrection, war, appeals or litigation relating to any required permits or licenses necessary to construct and use the Initial Improvements for the Permitted Uses (defined in Section 8.1), or other causes beyond Tenant’s reasonable control (provided, however, that lack of funds shall not be deemed such a cause) (collectively, “Force Majeure”), then the commencement of the Initial Improvements and/or the completion of the Initial Improvements shall be reasonably extended for the period of the delay. 30 3.3 Approval and Delivery of Final Plans. Before Tenant applies for a building permit, Tenant shall provide the Town with a copy of the final construction drawings for the Initial Improvements for review and approval, which shall not be withheld if said drawings are substantially similar to the Design Plans (the final revised construction drawings so submitted to the Town are hereinafter referred to as the “Final Plans”). The issuance of a building permit or permits shall be deemed to constitute the approval of said Final Plans. 3.4 Required Permits. Tenant shall obtain any and all permits, approvals and licenses from governmental authorities required for construction and use of the Initial Improvements (“Required Permits”), and for any other alterations, removals, installations, additions, changes, replacements or improvements now or hereafter made to the Premises (collectively with the Initial Improvements, “Tenant Work”), and shall, upon written request, provide the Town with a copy of each. Tenant may occupy all or part of the Premises under temporary or conditional certificates of occupancy, but shall not be relieved from the obligation of obtaining permanent certificates of occupancy for the Initial Improvements or other similar licenses or permits required to permit the Premises to be used and occupied for the Permitted Uses. The Town agrees to reasonably cooperate with Tenant in executing any and all applications and other documents which may be necessary at any time to obtain or maintain any Required Permits, all at Tenant’s sole cost, but Tenant acknowledges that the Town has no control over and cannot guarantee that permits required from municipal boards or officers within its statutory or regulatory authority will be granted or fees waived. 3.5 Ownership. At all times during the Term of this Lease, the Improvements and any equipment thereon shall be owned by Tenant, and Tenant alone shall be entitled to tax attributes of ownership, including, without limitation, the right to claim depreciation or cost recovery deductions. Upon the expiration or earlier termination of this Lease, Tenant shall have the right, but not the obligation, to remove the Improvements from the Premises. If Tenant elects not to remove the Improvements, and subject to the rights of the Permitted Mortgagees (defined in Section 13.2) and the rights of tenants in possession of residential units under leases with the Tenant or its agent(s), upon the expiration or earlier termination of this Lease, title to the Improvements shall immediately vest in the Town and shall be surrendered at that time in accordance with Section 15.1 below. 3.6 Manner of Construction; Cost of Initial Improvements. Tenant shall construct all Tenant Work in a good and workmanlike manner, in compliance with all Legal Requirements and good engineering and construction practices. The Initial Improvements shall be constructed in material compliance with the Final Plans and in strict compliance with the Required Permits. Tenant shall take all reasonably necessary measures to (i) minimize dust, noise and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by Tenant Work, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to properly police same. Tenant shall pay (or cause to be paid) all costs and expenses associated with any Tenant Work and shall defend, indemnify and hold the Town Parties (defined in Section 7.13) harmless from and against any and all claims, damages, losses, penalties, costs, expenses, demands, fees and/or liabilities (including without limitation reasonable legal fees) (collectively, “Claims”) attributable to Tenant Work. 31 3.7 Liens. If any mechanic’s, laborer’s or materialman’s lien shall at any time during the Term be filed against the Premises, the underlying fee, or any part thereof with respect to the performance of any labor or the furnishing of any materials to, by or for Tenant or anyone claiming under Tenant, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, the Town may, but shall not be obligated to, discharge or secure the same, and any amount so paid by the Town and all costs and expenses incurred by the Town in connection therewith, shall be paid by Tenant within thirty (30) days from the presentment of invoices therefor. 3.8 No Consent. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent to payment or request of the Town, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the Premises or any part thereof. ARTICLE 4 - RENT 4.1 Base Rent. Commencing on the Commencement Date and continuing thereafter throughout the Term, Tenant shall pay to the Town annual base rent (“Base Rent”) in the amount of ________________ Dollar ($_________) per year. 4.2 Additional Rent. In addition, Tenant shall pay any fee, charge or other amounts required to be paid by Tenant to the Town (or to others under Section 5 hereof) under this Lease as additional rent (“Additional Rent”). Base Rent and Additional Rent (collectively, “Rent”) shall be paid without counterclaim, notice, demand, abatement or offset at the Town’s address set out in Section 18.2. 4.3 Late Payments. Any payment of Rent due to the Town hereunder not paid when due shall bear interest at a rate of ten percent (10%) per annum (the “Default Rate”) for each month or fraction thereof from the due date until paid in full at the Default Rate. 4.4 Triple Net Lease. Except as stated otherwise, Tenant acknowledges and agrees that this is an absolute triple net lease, and that all costs, expenses and obligations of any kind relating to the Premises, including without limitation all construction, alterations, maintenance, repairs, restoration, reconstruction and replacements as hereinafter provided, which may arise or become due during the Term hereof, shall be paid by Tenant at Tenant’s sole cost and expense. All payments of Rent shall be absolutely net to the Town so that this Lease shall yield to the Town the Rent herein specified in each year during the Term of this Lease free of any taxes, assessments, charges, fees, impositions or deductions of any kind charged, assessed or imposed on or against the Premises, for which Tenant shall bear the sole responsibility. The Town shall not be expected or required to pay any such charge, assessment or imposition, or furnish any services to the Premises or be under any obligation or liability hereunder. ARTICLE 5- TAXES AND UTILITIES 32 5.1 Impositions. Tenant shall pay or cause to be paid as Additional Rent, before any fine, penalty, interest or cost may be added thereto for the non-payment thereof, all of the following, if applicable: real estate and other taxes, assessments, special use or assessment district taxes, water and sewer charges, charges for meters, excises, levies, license and permit fees and all other governmental charges of any kind and nature which during the Term may be assessed, levied, imposed upon or become due with respect to, or become a lien on the Premises or the leasehold, and payments in lieu of such taxes, assessments, charges or fees, whether such charges are made directly to Tenant or through or in the name of the Town. All such charges shall be referred to herein as “Impositions.” Tenant shall have the right to contest or object to the amount or validity of any Imposition but shall not withhold payment of any Imposition while any such contest or objection is pending. Tenant, upon request of the Town, shall furnish to the Town within thirty (30) days of the date when any Imposition would become delinquent, official receipts of the appropriate taxing authority, or other evidence reasonably satisfactory to the Town, evidencing payment thereof. 5.2 Utilities. Tenant shall be responsible, at its sole cost and expense, for installing and providing utilities to serve the Premises. Tenant shall pay, or shall cause to be paid, directly to the utility provider, all charges by any public authority or public utility for water, electricity, telephone, gas, sewer and other services supplied or rendered to the Premises, and service inspections made therefor, whether called charge, rate, tax, betterment, assessment, fee or otherwise and whether such charges are made directly to Tenant or through or in the name of the Town (“Utility Charges”). Tenant covenants and agrees to hold the Town harmless from any costs, fees and/or charges incurred in connection herewith, and to pay on demand any and all costs incurred by the Town for utilities and similar services. The Town makes no representation or warranty that existing sources of supply, distribution points or utilities are adequate or sufficient to supply the Improvements. 5.3 Personal Property. Tenant shall pay promptly when due all taxes which may be imposed upon any and all personal property (including fixtures taxed as personal property) in, on or within the Premises directly to the assessing party. ARTICLE 6 - REPAIRS AND MAINTENANCE 6.1 Repair and Maintenance. Throughout the Term of this Lease, Tenant, at its sole cost and expense, shall take good care of the Premises (including all Improvements) and all privately owned roadways, sidewalks, curbs, landscaped areas, fences and entranceways adjoining the same, and shall keep the same in good, safe and clean order and condition, (except for reasonable wear and tear and damage from a Taking (defined in Section 11.1 below) or from fire or other casualty after the last repair, replacement, restoration or renewal required to be made by Tenant pursuant to its obligations hereunder), and shall make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen in order to keep the Premises in the condition required hereunder throughout the Term. Without limitation, Tenant shall keep the driveways and privately-owned sidewalks shown on Exhibit B in good order and condition. Tenant shall keep the Premises free of accumulations of dirt and rubbish, and shall use all reasonable precautions to prevent waste, damage or injury to the Premises. 33 6.2 No Obligation of the Town. Except as otherwise expressly provided herein, the Town shall in no event be required to maintain or repair or to make any alterations, restoration, replacements, changes, additions or improvements to the Premises during the Term of this Lease. ARTICLE 7 - INSURANCE AND INDEMNITY 7.1 Property Insurance. Tenant shall, at its sole expense, obtain and keep in force during the Term of this Lease “all-risk” property insurance coverage insurance on the Initial Improvements and other Improvements, including, but not limited to, machinery and boilers, naming Tenant as the insured, and otherwise in the customary form for property insurance coverage of buildings of similar character in the Barnstable County area, naming the Town as an additional insured. The amount of such insurance shall not be less than one hundred percent (100%) of the full replacement value of the Initial Improvements and other Improvements, as determined from time to time. 7.2 Builder’s Risk. During the period of any Tenant Work, Tenant shall also keep in full force and effect, at its sole cost and expense, “Builder’s All Risk” insurance against loss or damage on a completed value non-reporting basis from such hazards and in such amounts as the Town may reasonably require. 7.3 Liability Insurance. Throughout the Term of this Lease, Tenant shall maintain, for the benefit of the Town and Tenant, and naming the Town as an additional insured, the following insurance: (i) general liability insurance, written on an occurrence basis, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) for injury to or death of any one person, for injury to or death of any number of persons in one occurrence, and for damage to property, insuring against any and all liability of the Town, Tenant, and any Permitted Mortgagee (defined in Section 13.2), including, without limitation, coverage for contractual liability and broad form property damage, with respect to the Premises or arising out of the maintenance, use, or occupancy of the Premises; and (ii) excess liability (so-called umbrella) coverage having a limit of Five Million Dollars ($5,000,000.00) written on an occurrence basis. Such liability insurance shall be primary and not contributing to any insurance available to the Town, and the Town’s insurance shall be in excess thereto. 7.4 Business Personal Property Insurance. Tenant agrees that the Town shall have no responsibility or liability for any loss or damage or injury from any cause whatsoever, including theft or otherwise of fixtures, improvements, or other personal property of Tenant or tenants of residential units on the Premises. Throughout the Term, Tenant shall maintain personal property insurance insuring all equipment, trade fixtures, inventory, fixtures and personal property located on or in the Premises for perils in amounts at least equal to the full replacement cost thereof. 7.5 Insurance Carried by Contractors. During the construction of any Improvements, Tenant shall also require the construction manager and/or general contractor to maintain (i) for the benefit of Tenant and the Town, as additional insured, commercial general liability insurance, including products and completed operations coverage, against any claims for bodily injury, death and property damage occurring upon, in or about the Premises and on, in and about the adjoining sidewalks and passageways during the construction of the Initial Improvements for at 34 least $3,000,000 combined single limit; (ii) worker's compensation in amounts required by statute; (iii) employer's liability insurance with limits of not less than One Million Dollars ($1,000,000), and (iv) automobile liability insurance, including the ownership, maintenance and operation of any automotive equipment, owned, hired or nonowned, in an amount not less than One Million Dollars ($1,000,000) combined single limit. 7.6 Insurance Coverage Increases. On the fifth (5th) anniversary of the Commencement Date, and every five (5) years thereafter, or upon the Town’s reasonable request (which shall occur not more often than once every three (3) years), the limits of any of the above-mentioned insurance coverages shall be increased at the written request of the Town to amounts reasonably requested by the Town to reflect inflation or changes in the nature or degree of risks insured or to protect against judgments from time to time being awarded in Massachusetts for injury, death and property damage, but not to exceed the amounts of coverage generally maintained at the time in question for similar residential developments or properties in Massachusetts. 7.7 Insurance Carriers, Policies. All insurance provided for in this Article 7 shall be effected under valid and enforceable policies, issued by insurers of recognized responsibility licensed and doing business in Massachusetts and having a so-called Best’s Rating of "A-" or better, or, if such rating is no longer issued, an equal or better rating by a successor insurance carrier rating service reasonably acceptable to the Town. Tenant shall submit duplicate originals of all the policies required to be carried hereunder on the Commencement Date and on each anniversary thereof, or at the Town’s reasonable request. 7.8 Blanket Policy. Nothing in this Article 7 shall prevent Tenant from taking out insurance of the kind and in the amounts provided for under this Article 7 under a blanket insurance policy or policies covering other properties as well as the Premises, provided, however, that any such policy or policies of blanket insurance (i) shall specify therein, or in a written statement from the insurers under such policy or policies specifying, the amount of the total insurance allocated to the Premises, which amounts shall not be less than the amounts required by this Article 7, and (ii) such amounts so specified shall be sufficient to prevent any of the insureds from becoming a co-insurer within the terms of the applicable policy or policies, and provided further, however, that any such policy or policies of blanket insurance shall, as to the Premises, otherwise comply as to endorsements and coverage with the provisions of this Article 7. 7.9 Non-cancellation. Each policy or binder issued by an insurer shall contain an agreement by the insurer that such policy shall not be canceled, non-renewed or substantially modified without at least thirty (30) days’ prior written notice to the Town (ten (10) days’ prior written notice in the case of non-payment of premiums). 7.10 No Separate Insurance. Tenant shall not take out separate insurance concurrent in form or contributing in the event of loss with that required in this Article 7 to be furnished by, or which may reasonably be required to be furnished by, Tenant unless the Town and Tenant are included therein as insureds, with loss payable as in this Lease provided. Tenant shall immediately notify the Town of the placing of any such separate insurance and shall cause the same to be promptly delivered to the Town. 35 7.11 General Requirements. All policies of insurance provided for in Article 7 hereof shall name the Town and Tenant as the insureds as their respective interests may appear. Subject to Exhibit C and to the requirements of any documents evidencing, relating to or securing any financing held by a Permitted Mortgagee (as defined in Section 13.2), the loss, if any, under such policies shall be adjusted with the insurance companies by Tenant, and shall be payable to Tenant, except that all such payments shall be made to the Town during the last three (3) years of the Term of this Lease. All such policies shall provide that the loss, if any, thereunder shall be adjusted and paid as hereinabove provided. Each such policy shall, to the extent obtainable, contain a provision that no act or omission of any of the Tenant Parties (defined in Section 7.13 below) shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Tenant hereby waives any and all rights of recovery which it might otherwise have against the Town or the other Town Parties for any loss or damage to Tenant’s property or improvements in the Premises which are either required to be insured under the terms of this Lease or which Tenant, in the absence of any such requirement, elects to insure, notwithstanding that the loss or damage may result from the negligence, willful act or default under the terms of this Lease by the Town or any of the other Tenant Parties. Tenant and its contractors, subcontractors and independent contractors and their insurers shall, to the extent permitted by their approved insurers, waive all rights of subrogation against the Town and/or the other Town Parties for losses arising from work performed by each. Any insurance or self-insurance that the Town elects to maintain shall be excess of Tenant’s insurance and from other parties insurance and shall not contribute to it. 7.12 The Town’s Right to Pay Premiums. Tenant shall pay all of the premiums for all the policies of insurance referred to in this Article 7, and the cost of such insurance shall be deemed to be Additional Rent under this Lease; provided, however, that such insurance premiums may be paid by Tenant directly to its insurer on or before the date such payment is due, or by a Permitted Mortgagee in accordance with the terms of the loan documents for the loan to Tenant. Notwithstanding anything in this Lease to the contrary, in the event of the failure of Tenant either to effect insurance in the names and amounts called for in this Lease or to pay the premiums for the insurance or to deliver the policies to the Town, the Town shall have the right, but not the obligation, to effect such insurance and pay the premiums for the insurance without regard to any cure rights held by the Permitted Mortgagees, which premiums shall be repayable to the Town as Additional Rent on demand, provided, however, that the Town gives Tenant and all Permitted Mortgagees written notice of the same at least fourteen (14) days prior to procuring such insurance. 7.13 Tenant’s Indemnification. (a) Tenant shall defend (with counsel reasonably acceptable to the Town), indemnify and hold harmless the Town Parties (as defined below) from and against any and all Claims which may be imposed upon or incurred by or asserted against the Town Parties by reason of any of the following occurrences: (i) any work or thing done during the Term of this Lease in, on or about the Premises or any part thereof, including during construction of the Initial Improvements and any other Tenant Work, by Tenant or any of the Tenant Parties (as defined below); 36 (ii) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Premises or any part thereof, including any sidewalk or curb appurtenant to the Premises, during the Term of this Lease by Tenant or any of its agents, contractors, servants, employees, subtenants, occupants, guests, licensees, operators, or invitees (together with Tenant, the “Tenant Parties”); (iii) any negligence or willful misconduct on the part of the Tenant Parties; and (iv) any accident, injury or damage to any person or property occurring in, on or about the Premises or any part thereof, including any privately owned roadway, sidewalk or curb appurtenant to the Premises, unless the same occurs solely as a result of the gross negligence or wrongful act of any the Town or its employees, contractors, agents, and representatives (collectively with the Town, the “Town Parties”). (b) The foregoing express obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to the Town which would exist at common law or under any other provision of this Lease, and the extent of the obligation of indemnification shall not be limited by any provision of insurance undertaken in accordance with this Article 7. This Lease is made on the express condition that the Town shall not be liable for, or suffer loss by reason of, any damage or injury to any property, fixtures, buildings or other improvements, or to any person or persons, at any time on the Premises, specifically including any damage or injury to the person or property of Tenant or any of the Tenant Parties, from whatever cause, in any way connected with the condition, use, occupational safety or occupancy of the Premises, except to the extent directly and solely caused by the gross negligence or willful misconduct of any of the Town Parties. (c) If the Town obtains separate counsel due to reasonable concerns that its interests and that of Tenant may be adverse or that counsel provided by Tenant may have a conflict in interest or is not providing effective representation of the Town, then the reasonable expenses of such separate counsel shall be at Tenant’s expense. (d) The foregoing indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof with counsel reasonably acceptable to the Town or counsel selected by an insurance company which has accepted liability for any such claim. 7.14 Survival of Indemnities. The provisions of Section 7.13 shall survive the termination or expiration of this Lease. ARTICLE 8 - USE OF PREMISES 8.1 Permitted Uses. The Premises and the Improvements shall be used exclusively for affordable rental housing and uses incidental thereto, as set forth more particularly in Section 9.2 and the Comprehensive Permit (collectively, the “Permitted Uses”). 37 8.2 Legal Requirements. Throughout the Term of this Lease, Tenant, at its sole cost and expense, shall promptly comply with all laws, ordinances, by-laws, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, housing authorities, boards and officers, foreseen or unforeseen, ordinary as well as extraordinary, including without limitation the Comprehensive Permit, which may at the time in question be applicable to the Premises and the sidewalks and curbs adjoining the same, or to the use or manner of use of the same or to any of the Tenant Parties, as said laws, ordinances, by-laws, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, housing authorities, boards and officers shall at the time in question be in force and effect (collectively, “Legal Requirements”). 8.3 Contests. Tenant shall have the right (but not the obligation) to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant, without cost or expense to the Town, the validity or application of any Legal Requirement, subject to Tenant providing the Town with written notice thereof on or before the date of contesting same, and further subject to the following: (a) If, by the terms of any such Legal Requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Premises or any part thereof and without subjecting Tenant or the Town to any liability, civil or criminal, for failure so to comply therewith, Tenant may delay compliance therewith until the final determination of such proceeding; and (b) If any lien, charge or civil liability would be incurred by reason of any such delay, Tenant nevertheless may contest as aforesaid and delay as aforesaid, provided that such delay would not subject the Town to criminal liability or fine, and provided that Tenant (i) bonds over such lien or furnishes to the Town security, reasonably satisfactory to the Town, against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with due diligence. 8.4 Compliance with Insurance Requirements. Throughout the Term of this Lease, Tenant, at its expense, shall observe and comply with the requirements of all policies of public liability, casualty and all other policies of insurance required to be supplied by Tenant at any time in force with respect to the Premises. 8.5 Property Management. The Premises shall be managed by a property management company that has (i) a good business and character reputation in the community, and (ii) proven property management experience with affordable housing developments. 8.6 Affordable Housing Restriction. The Town and Tenant agree that the Premises shall be subject to an affordable housing restriction or Regulatory Agreement for the full Term of this Lease ensuring that ____________ (___%) of the units on the Premises are rented to low and moderate tenants, as set forth in Section 9.2, binding the Premises and enforceable by the Town for the Term of this Lease, qualifying under G.L. c. 184, §31, approved and enforceable by the Town and DHCD in the form required or recommended by DHCD for including the units in the 38 Town’s Subsidized Housing Inventory (the “Restriction”), which Restriction will be recorded with the Registry at Tenant’s sole cost and before any leasehold mortgage (including any Permitted Mortgage), lien or other encumbrance is recorded against the Premises (unless each mortgage or lien holder executes a subordination agreement, acceptable to the Town, expressly subordinating its mortgage or other lien to the Restriction), it being recognized that in no event will a foreclosure or deed given in lieu of any lien on the Premises result in the termination of the Restriction without the Town’s prior written consent, which may be withheld in its sole and absolute discretion. If DHCD requires changes to the Restriction subsequent to its recordation, the Town and Tenant agree to make such reasonable changes as are acceptable to the parties. No final certificate of occupancy shall be issued for any of the units unless and until the Restriction (or any amendment thereof) has been approved and executed by DHCD and the Town and recorded with the Registry. 8.7 Permitted Uses. Subject to Force Majeure and except during construction of the Initial Improvements and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises for the Permitted Uses. ARTICLE 9 - RESIDENT SELECTION; COMMITMENTS 9.1 Resident Selection. Tenant shall submit to DHCD for approval of the resident selection policies for the affordable rental housing units (the resident selection policies approved by DHCD are hereinafter referred to as the “Tenant Selection Plan”). Tenant shall promptly adopt the Resident Selection Plan. The Town intends to obtain approval from DHCD for a local preference for Brewster residents and/or employees of businesses of the Town, to the extent permitted by the Legal Requirements. In the event a local preference is approved by DHCD, such local preference shall be included in the Tenant Selection Plan. 9.2 Affordability Commitments. Tenant agrees that, from the Commencement Date to the Termination Date, and through any date through which Tenant remains in occupancy of the Premises, Tenant shall use the Property for and operate thereon a rental housing development that meets the requirements of this Section 9 (the “Affordability Commitments”) based on the following schedule,: (a) ________ (____) units shall be available for rent to persons with annual household incomes at or below ________ percent (___%) of the area median annual income; (b) ________ (____) units shall be available for rent to persons having with annual household incomes of no more than ________ percent (___%) of the area median annual income; and (c) ________ (____) units shall be available for rent to persons with annual household incomes of no more than _________________ percent (___%) of the area median annual income. , 39 For the purpose of this Section 9.2, “area median income” shall mean the standard defined from time to time by the Department of Housing and Urban Development (or any successor thereto) as adjusted for household size, or, if defined differently in Section 42, then in accordance with the requirements, from time to time, of Section 42, and acceptable for inclusion of all the Units in the Town’s Subsidized Housing Inventory. Tenant shall ensure that all the units at the Premises are of comparable quality, and, to the greatest extent practicable, units leased to households of all different income tiers shall be dispersed evenly throughout the Premises. 9.3 Monitoring. Tenant covenants to work with DHCD or an entity acceptable to DHCD for purposes of monitoring Tenant’s compliance with the Affordability Commitments and other applicable program requirements associated with the financing of the Project (the “Monitoring Agent”). Tenant agrees to provide the Monitoring Agent such certifications, information, and/or reports as the Town or the Monitoring Agent may reasonably require in writing in order to ensure compliance with the Affordability Commitments. Tenant shall notify the Town and the Monitoring Agent in writing if Tenant discovers non-compliance with the Restriction and any of the requirements hereof. Tenant shall keep full, complete and proper books and records of all information and data collected from all resident households to assure that each resident household satisfies the Affordability Commitments, including without limitation the names and ages of members of each tenant household, which books and records shall be available at all reasonable times to the Monitoring Agent during regular business hours, all in compliance with applicable laws. ARTICLE 10 - DAMAGE OR DESTRUCTION 10.1 Damage or Destruction. Subject to the requirements of any documents evidencing, relating to or securing any financing held by a Permitted Mortgagee (as defined in Section 13.2), if the whole or any part of the Premises be damaged or destroyed by any cause whatsoever, whether insured or uninsured, at any time during the Term of this Lease, Tenant shall, irrespective of insurance proceeds, promptly commence to replace or repair the portion of the Premises that is damaged or destroyed, and complete such repair and/or restoration with due diligence and at its sole cost and expense, with such changes, alterations or modifications as are reasonably determined by Tenant so long as such changes, alterations or modifications do not diminish the overall utility for the Permitted Uses or constitute Material Modifications. The parties recognize that such damage or destruction may require emergency replacement or repair. Subject to the requirements of any documents evidencing or securing any financing held by a Permitted Mortgagee, Tenant shall have the right to hold, use and expend such insurance proceeds or other funds so collected for purposes of the repair, restoration or reconstruction of the Improvements, provided, however, that in the event that a casualty occurs during the last three (3) years of the Lease term, all funds shall be paid to the Town. Subject to the foregoing, Tenant will be entitled to all insurance proceeds and proceeds of any other claims against other parties in order to effect such replacement, modifications or alterations. Provided that the insurance proceeds, together with such funds of the Tenant as are demonstrably available for the purpose of paying for repair and restoration, are sufficient to complete the repair and restoration 40 of the Improvements, the Town shall have no right to terminate this Lease or condition or delay the repair and restoration of the Improvements. However, if the Premises are substantially damaged, and the insurance proceeds are required to be paid to any Permitted Mortgagee to repay the indebtedness secured by the Permitted Mortgage, Tenant’s obligation to rebuild the Premises shall be limited to the amount of the proceeds received by Tenant from the insurer (the “Remaining Proceeds”). If in such case Tenant reasonably determines that the continued operation of the Premises after such replacement and repair in substantially the same manner as conducted prior to the damage or destruction will not be economic and feasible, then Tenant may elect, by written notice given to the Town within one hundred eighty (180) days after the date of such casualty, not to repair or replace the portion of the Premises damaged (the “Casualty Termination Notice”), provided, however, that Tenant shall (a) at the Town’s request, demolish any destroyed buildings and secure any damaged buildings, in each case to a safe condition reasonably satisfactory to the Town and in compliance with the Legal Requirements, and (b) deliver to the Town the Remaining Proceeds and assign to the Town all its right, title and interest to any other insurance proceeds as may be available. Tenant will vacate the Premises within sixty (60) days from delivery of the Casualty Termination Notice to the Town, whereupon this Lease shall terminate. Tenant’s obligations under this Section 10.1 shall survive the termination of the Lease. 10.2 Allocation of Proceeds. Subject to the requirements of any documents evidencing or securing any financing held by a Permitted Mortgagee, all insurance proceeds or proceeds of any claim for any damage or destruction to the Improvements, shall, notwithstanding any allocation made by the payor, be paid and allocated in the following order of priority: (a) First, to pay all reasonable fees and expenses of collection, including but not limited to, reasonable attorneys’ fees and experts’ fees, or to reimburse the parties for fees and expenses of collection previously paid by such party; (b) Second, to pay any then-outstanding Impositions; (c) Third, to pay for any restoration, repair or reconstruction authorized or required pursuant to the provisions of this Lease; (d) Fourth, to pay any outstanding amounts secured by mortgages held by any Permitted Mortgagees in their respective order of priority and to the extent required under each such mortgage, provided, however, that if the proceeds are insufficient to pay outstanding amounts owed to all Permitted Mortgagees, then the Tenant shall distribute the funds to Permitted Mortgagees in their respective order of priority and to the extent required under the applicable mortgage; and (e) Fifth, to Tenant, from which the Tenant shall be required to pay any then-outstanding Rent pursuant to this Lease; provided, however, that in the case of proceeds of any award for a damage or destruction received at any time during the last ten (10) years of the Term, Tenant shall receive the equivalent of one-tenth of the amount remaining from such proceeds after payments pursuant to (a) through (d) above, multiplied by the number 41 of years remaining in the Term, and the remainder of proceeds shall be paid to the Town. In the event that the foregoing provides or is anticipated to provide compensation to any party in excess of the funds loaned or invested by such party, the Town and the Tenant shall negotiate in good faith to revise such allocation of proceeds. Notwithstanding the foregoing, any insurance proceeds or proceeds of any claim for any damage or destruction to the Improvements shall be subject to the provisions of Exhibit C. ARTICLE 11 - TAKING 11.1 Award. In the event that the Premises, or any part thereof, shall be taken in condemnation proceedings or by exercise of any right of eminent domain or by agreement between the Town and Tenant and those authorized to exercise such right (any such matters being herein referred as a “Taking”), the Town and Tenant shall have the right to participate in any Taking proceedings or agreement for the purpose of protecting their respective interests hereunder. Each party so participating shall pay its own expenses therein. 11.2 Termination. (a) If at any time during the Term of this Lease there shall be a Taking of the whole or substantially all of the Premises, this Lease shall terminate and expire on the earlier of (i) the date upon which the condemning authority takes possession of the real estate subject to the Taking; or (ii) the date title to the real estate is vested in the condemning authority. For the purpose of this Article, “substantially all of the Premises” shall be deemed to have been taken if the untaken part of the Premises shall be insufficient for the restoration of the Improvements such as to allow the economic and feasible operation of fifty percent (50%) or more of the units by Tenant. If substantially all of the Premises shall be taken, and Tenant elects not to terminate this Lease, any requirement by the Town to operate _________ (____) residential units shall be reduced accordingly. All proceeds of any award for any taking, whether pro tanto or final, shall, notwithstanding any allocation made by the awarding authority, be paid and allocated in accordance with the provisions of Section 10.2 (a) through (d) of this Lease, and any remainder shall be allocated between the Town and Tenant in proportion to their respective interests, determined as follows: Tenant’s interest in any Taking award will equal the net value to Tenant of the remaining Term of this Lease, the value to Tenant of the use and enjoyment of the Improvements, and Tenant’s relocation expenses insofar as relocation expenses are paid by the Taking authority (collectively, the “Tenant’s Share”). The Town’s interest in any taking by Condemnation will equal the value of its fee interest plus the remaining interest in the Improvements (the “Town’s Share”). Notwithstanding the foregoing, however, the Town shall not share in any Taking award with respect to the Improvements unless and until the unpaid balance of the Permitted Mortgages on the Premises, if any, is paid in full, all such Taking proceeds being used first to pay off and discharge such Permitted Mortgage. (b) No such termination of this Lease under this Article 11 shall release Tenant from any obligation hereunder for Rent accrued or payable for or during any period prior to the effective date of such termination, and any prepaid rent and insurance premiums beyond the effective date of such termination shall be adjusted. 42 11.3 Insubstantial Taking. If a portion of the Premises is taken and Section 11.2 does not apply, then this Lease will automatically terminate on the date of the Taking only as to the portion of the Premises taken and this Lease will continue in full force and effect with respect to the remaining portion of the Premises. In such event, any partial Taking award shall be paid first to the Permitted Mortgagees, in their order of priority, to satisfy or reduce the balance secured by Permitted Mortgages; second, to Tenant in an amount equal to the unamortized cost of any Improvements constructed by Tenant on the portion of the Premises subject to the Taking; and third, to the Town. Provided that the amount of the Taking award available for reconstruction, together with such funds of the Tenant as are demonstrably available for the purpose of paying for repair and restoration, are sufficient to complete reconstruction contemplated by the plans and specifications, the Town shall have no right to terminate this Lease or condition or delay Tenant’s reconstruction of the Improvements, provided that Tenant undertakes and completes the repair/restoration using commercially diligent efforts. 11.4 Temporary Taking. If the whole or any part of the Premises shall be the subject of a temporary Taking of ninety (90) days or less, this Lease shall remain in full force, and Tenant shall be entitled to receive the entirety of any award so made for the period of the temporary Taking which is within the Term. Notwithstanding the foregoing, any insurance proceeds or proceeds of any claim for any damage or destruction to the Improvements shall be subject to the provisions of Exhibit C. ARTICLE 12 – HAZARDOUS MATERIALS 12.1 Environmental Laws Defined. “Environmental Laws” means, collectively, any federal, state, or local law, rule or regulation (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time) pertaining to environmental regulations, contamination, clean-up or disclosures, and any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq. (“CERCLA”); the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. (“RCRA”); the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq. (“SARA”); the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq. (“TSCA”); the Hazardous Materials Transportation Act, 49 U.S.C. Appx. §§ 1801 et seq.; the Massachusetts Hazardous Waste Management Act, Mass.Gen.L. c. 21C §§ 1 et seq.; the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Mass.Gen.L. c. 21E §§ 1 et seq.; the Massachusetts Toxic Use Reduction Act, Mass.Gen.L. c. 21I §§ 1 et seq.; the Underground Storage Tank Petroleum Product Cleanup Fund, Mass.Gen.L. c. 21J §§ 1 et seq.; or any other applicable federal or state statute or city or county ordinance regulating the generation, storage, containment or disposal of any Hazardous Material (defined in Section 12.4 below) or providing for the protection, preservation or enhancement of the natural environment, any rules or regulations promulgated pursuant to any of the foregoing statutes or ordinances, including but not limited to laws relating to groundwater and surface water pollution, air pollution, transportation, storage and disposal of oil and hazardous wastes, substances and materials, stormwater drainage, and underground and above ground storage tanks; and any 43 amendments, modifications or supplements of any such statutes, ordinances, rules and regulations. 12.2 Tenant’s Environmental Representations, Warranties and Covenants. Tenant hereby represents, warrants and covenants as follows: (a) Except as may be permitted by and only in accordance with Environmental Laws, Tenant shall not allow any Hazardous Materials (defined in Section 12.4 below) to exist or be stored, located, discharged, possessed, managed, processed, or otherwise handled on the Premises, and shall strictly comply with all Environmental Laws affecting the Premises. Without limiting the generality of the foregoing, Tenant is not, and will not become, involved in operations at the Premises involving Hazardous Materials, except as expressly permitted by Legal Requirements. (b) No activity shall be undertaken on the Premises by Tenant which would cause (i) the Premises to be considered a hazardous waste treatment, storage or disposal facility as defined under any Environmental Laws; (ii) a release or threatened release of Hazardous Materials into the Premises, any watercourse, surface or subsurface water or wetlands, or the discharge into the atmosphere of any Hazardous Materials in each case requiring a permit under any Environmental Laws and for which no such permit has been issued. (c) Tenant shall, with all due diligence, at its own cost and expense and in accordance with Environmental Laws (and in all events in a manner reasonably satisfactory to the Town), take all actions (to the extent and at the time or from time to time) as shall be necessary or appropriate for the remediation of all releases of Hazardous Materials at or from the Premises including all removal, containment and remedial actions. Tenant shall pay or cause to be paid at no expense to the Town all clean-up, administrative, and enforcement costs of applicable government agencies or the parties protected by such Environmental Laws which may be asserted against the Premises. (d) Tenant, upon execution of this Lease, shall furnish the Town with a copy of any Material Safety Data Sheets and any updates thereto or any list of substances listed on the so- called Massachusetts Substance List, established pursuant to Mass. Gen. Laws Chapter 111F which Tenant is required to prepare, file or maintain pursuant to said chapter for any substances used or stored on the Premises. If said Material Safety Data Sheets or lists should be changed or updated during the Term of this Lease, Tenant shall promptly furnish a copy of such updated or changed Material Safety Data Sheets or list to the Town. 12.3 Intentionally Deleted. 12.4 Hazardous Materials Defined. For purposes of this Lease, “Hazardous Materials” shall mean, but shall not be limited to, any oil, petroleum product and any hazardous or toxic waste or substance, any substance which because of its quantitative concentration, chemical, radioactive, flammable, explosive, infectious or other characteristics, constitutes or may reasonably be expected to constitute or contribute to a danger or hazard to public health, safety or welfare or to the environment, including without limitation any asbestos (whether or not friable) and any asbestos-containing materials, lead paint, waste oils, solvents and 44 chlorinated oils, polychlorinated biphenyls (PCBs), toxic metals, explosives, reactive metals and compounds, pesticides, herbicides, radon gas, urea formaldehyde foam insulation and chemical, biological and radioactive wastes, or any other similar materials which are included under or regulated by any Environmental Law. 12.5 Notices. (a) Tenant shall provide the Town with copies of any notices of releases of Hazardous Materials which are given by or on behalf of Tenant to any federal, state or local agencies or authorities with respect to the Premises. Such copies shall be sent to the Town concurrently with mailing or delivery to the governmental agencies or authorities. Tenant also shall provide the Town with copies of any notices of responsibility or any other notices received by or on behalf of Tenant from any such agencies or authorities concerning any non-compliance with Environmental Laws on or about the Premises, including but not limited to notices regarding Hazardous Materials or substances located on or about the Premises. In addition, in connection with any litigation or threat of litigation affecting the Premises, Tenant shall deliver to the Town any documentation or records as the Town may reasonably request and which are in Tenant’s possession, and the Town shall deliver to Tenant any documentation or records as Tenant may reasonably request and which are in the Town’s possession and may be lawfully delivered to Tenant. (b) Tenant or the Town shall immediately notify the other party and Permitted Mortgagees in writing should Tenant or the Town become aware of (i) any release or threatened release of Hazardous Materials or the occurrence of any other environmental problem or liability with respect to the Premises or any real property adjoining or in the vicinity of the Premises or such other property which could subject the Town, Tenant or the Premises to a Claim under any Environmental Laws or to any restriction in ownership, occupancy, transferability or use of the Premises under any Environmental Laws; (ii) any lien filed, action taken or notice given of the nature described in this Section 12; (iii) any notice given to Tenant from any occupant of the Premises or any notice from any governmental authority with respect to any release or threatened release of Hazardous Materials; or (iv) the commencement of any litigation or any information relating to any threat of litigation relating to any alleged unauthorized release of any Hazardous Materials or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Premises. 12.6 Tenant’s Environmental Indemnity. Tenant hereby presently, unconditionally, irrevocably and absolutely agrees to pay, indemnify, defend with counsel acceptable to the Town and save harmless the Town Parties for, from and against any and all Claims (including, without limitation, attorneys’ and experts’ fees and expenses, clean-up costs, waste disposal costs and those costs, expenses, penalties and fines within the meaning of CERCLA), of any kind or nature whatsoever which may at any time be imposed upon, incurred by or asserted or awarded against any of the Town Parties and arising from any violation or alleged violation of Environmental Laws, the discovery of or any release of Hazardous Materials on or from the Premises, any environmental problem or other environmental matter described herein relating to the Premises, or as a consequence of any of Tenant’s interest in or operation of the Premises, including, without limitation, matters arising out of any breach of Tenant’s covenants, representations and warranties. All warranties, representations and obligations set forth herein shall be deemed to be continuing and shall survive the expiration or termination of this Lease. In addition, the covenants and indemnities of Tenant contained herein shall survive any exercise of any remedy 45 by the Town under the Lease. Tenant agrees that the indemnification granted herein may be enforced by any of the Town Parties, provided, however, that nothing contained herein shall prevent the Town from exercising any other rights under the Lease. ARTICLE 13 - TRANSFER OF TENANT’S INTEREST 13.1 Assignment by Tenant. Except as provided in Section 13.2, Tenant will not assign this Lease or any interest in this Lease or sublet or permit any other person to occupy or use the Premises or any portion thereof (except for leasing the units to income qualified households) prior to the Final Completion of the Initial Improvements without the prior written consent of the Town, which consent may be withheld in the Town’s sole and absolute discretion. After Final Completion of the Initial Improvements, the Town’s consent shall not be unreasonably withheld, delayed or conditioned provided such assignee or transferee shall (i) have a good reputation in the community and experience operating projects similar to the Project, (ii) use the Premises for the Permitted Uses, and (iii) enter into an Assumption Agreement with the Town, expressly assuming Tenant’s obligations under the Lease. Notwithstanding the foregoing, Tenant shall have the right to assign or transfer its rights under this Lease to any entity that Tenant controls, provided that (i) Tenant sends written notice to the Town at least thirty (30) days prior to any such transfer, notifying the Town of the transferee’s name and evidence of the control that Tenant exercises over such transferee, and obtains the Town’s written consent, not to be unreasonably withheld, (ii) any such transferee enters into an Assumption Agreement, expressly agreeing to perform all of Tenant’s obligations under this Lease; and (iii) Tenant shall guarantee the transferee’s performance of such obligations, and shall be jointly and severally liable with the transferee until a final certificate of occupancy has been issued for all the units. 13.2 Leasehold Mortgages. (a) Notwithstanding anything to the contrary contained in this Lease, Tenant may, upon prior written notice to the Town, from time to time, encumber, hypothecate or mortgage its interest in the Premises with one or more mortgages, assignments of leasehold interest or any other security instruments in favor of a lender or lenders as partial security for a loan or loans (a “Permitted Mortgage” and the holder of such Permitted Mortgage, a “Permitted Mortgagee”). Each such Permitted Mortgage shall mature no later than the last day of the term of this Lease, be a leasehold mortgage only, and be expressly subject and subordinate to the terms and conditions of this Lease, including, without limitation, the Affordability Commitments. In no event will the foreclosure of any Permitted Mortgage or deed given in lieu thereof terminate or adversely affect the Affordability Commitments. It is expressly understood and agreed that Tenant has no right to mortgage or otherwise encumber the fee title to the Premises, except that Tenant may encumber the Improvements that Tenant constructs on the Premises. Tenant shall promptly deliver to the Town a true copy of the Permitted Mortgage and any assignment thereof. Tenant shall notify the Town of the address of the Permitted Mortgagee to which notices may be sent, it being understood and agreed that the Town shall have no obligation to notify a Permitted Mortgagee of any default under this Lease until and unless the then-current address of such Permitted Mortgagee shall have been provided to the Town in writing. The Town and Tenant hereby agree that there shall be no modification of this Lease that would materially and adversely affect such Permitted Mortgagee’s rights hereunder without the prior consent in writing of the Permitted Mortgagee. 46 (b) Permitted Mortgages not Assignment. For the purpose of this Section 13, the making of a Permitted Mortgage shall not be deemed to constitute an assignment or transfer of this Lease, nor shall any Permitted Mortgagee, as such, be deemed an assignee or transferee of this Lease or of the leasehold estate hereby created so as to require such Permitted Mortgagee, as such, to assume the performance of any of the terms, covenants or conditions on the part of Tenant to be performed hereunder; but the purchaser at any sale of the leasehold interest created by this Lease in any proceedings for the foreclosure of any Permitted Mortgage, or the assignee or transferee of such leasehold interest under any instrument of assignment or transfer in lieu of the foreclosure of any Permitted Mortgage, shall be deemed to be an assignee or transferee (without requiring the consent of the Town pursuant to Section 13.1) and shall be deemed to have assumed the performance of all of the terms, covenants and conditions on the part of Tenant to be performed hereunder from and after the date of such purchase and assignment, and shall execute a written instrument assuming Tenant’s obligations hereunder promptly upon request by the Town. (c) Permitted Mortgagee Cure Rights. In the event Tenant defaults in the payment of Rent or any other sum of money payable under this Lease, in obtaining and/or maintaining the insurance required hereunder, or any other default or failure curable by a payment of money (any and all of the foregoing, a “Monetary Default”), the Town shall not have the right to terminate this Lease unless the Town shall have given a copy of the Monetary Termination Notice (defined in Section 14.2) to Tenant and the Permitted Mortgagees, and such Permitted Mortgagees, without being under any obligation to do so, shall have failed to cure such Monetary Default within the sixty (60)-day notice period set forth in the Monetary Termination Notice (defined in Section 14.2). In the case of any default by the Tenant not curable by the payment of money hereunder (a “Non-Monetary Default”), the Town shall not have the right to terminate this Lease by reason of any such default unless the Town shall have given a copy of the Non- Monetary Termination Notice (defined in Section 14.2) to Tenant and the Permitted Mortgagees and such Permitted Mortgagees, without being under any obligation to do so, shall have failed to cure such Non-Monetary Default with the ninety (90) day-period set forth in Section 14.2, or, if such Non-Monetary Default cannot reasonably be cured within such ninety (90) days, within such longer period as is required to cure such default, including such period of time as may reasonably be required for Permitted Mortgagee to obtain possession of the Premises or title to the Tenant’s leasehold estate created hereby, provided that the Permitted Mortgagee shall have commenced cure or appropriate measures to obtain possession of the Premises or title to the Tenant’s leasehold estate created hereby within such ninety (90) day period and thereafter continues diligently to effect such cure or obtain such possession or title. The Permitted Mortgagee shall not be required to continue such foreclosure proceedings if the default shall be cured by Tenant. Upon the expiration of any applicable cure period, the Town shall notify the Permitted Mortgagee whether or not Tenant has effectuated a cure within said cure period. The provisions of this Section 13.2(c) are conditioned on the following provisions: (i) Acquisition of Possession. The Permitted Mortgagee shall, within forty- five (45) days after notice of such Tenant Non-Monetary Default, notify the Town of its election to proceed with due diligence promptly to acquire possession of the Premises or to foreclose the Permitted Mortgage or otherwise to obtain ownership of Tenant’s interest in this Lease. Such notice from the Permitted Mortgagee shall be accompanied by an instrument in writing wherein such Permitted Mortgagee agrees that: 47 (A) during the period that such Permitted Mortgagee shall be in possession of the Premises and so long as it remains in possession and/or during the pendency of any such foreclosure or other proceedings and until the interest of Tenant in this Lease shall terminate or such proceeding shall be discontinued, it will pay or cause to be paid to the Town and to others all sums from time to time becoming due hereunder during such period; and (B) if delivery of possession of the Premises shall be made to such Permitted Mortgagee, whether voluntarily or pursuant to any foreclosure or other proceedings or otherwise, such Permitted Mortgagee shall, promptly following such delivery of possession, perform all the covenants and agreements thereafter arising and herein contained on Tenant’s part to be performed (including, but not limited to the Affordability Commitments and the payment of Rent and Additional Rent) except such covenants and agreements which cannot with the exercise of due diligence be performed by such Permitted Mortgagee (such as a default under Section 14.1(e)). Nothing in this subclause (B) shall be construed to require such Permitted Mortgagee to perform any of the Tenant’s obligations hereunder accruing after such Permitted Mortgagee ceases to be in possession. ARTICLE 14 – DEFAULT AND TERMINATION 14.1 Events of Default. Each of the following events shall be deemed an “Event of Default” hereunder: (a) if Tenant shall fail to pay, as and when due, any payment of Rent or other sums payable under this Lease or to observe any provision that is curable by a payment of money, and such failure shall continue for a period of thirty (30) days after notice from the Town to Tenant; (b) if Tenant shall fail to comply with the provisions of Sections 8.2 or 9.2 hereof, and such failure shall continue for a period of sixty (60) days after notice from the Town to Tenant; (c) If Tenant shall fail to maintain any insurance required to be maintained by Tenant hereunder, and such failure shall continue for a period of thirty (30) days after notice from the Town to Tenant; (d) if Tenant shall fail to perform or comply with any other of the agreements, terms, covenants or conditions in this Lease, other than those referred to in subsections (a), (b) and (c) of this Section 14.1, for a period of sixty (60) days after notice from the Town to Tenant specifying the items in default, or in the case of a default or a contingency which cannot with due diligence be cured within such sixty (60) day period, within ninety (90) days from the date of notice from Town to Tenant; and/or (e) if Tenant shall initiate the appointment of a receiver to take possession of all or any portion of the Premises or Tenant’s leasehold estate for whatever reason, or Tenant shall make an assignment for the benefit of creditors, or Tenant shall initiate voluntary proceedings under any bankruptcy or insolvency law or law for the relief of debtors; or if there shall be initiated against Tenant any such proceedings which are not dismissed or stayed on appeal or 48 otherwise within ninety (90) days, or if, within ninety (90) days after the expiration of any such stay, such appointment shall not be vacated or stayed on appeal. Notwithstanding the foregoing, if there is an Event of Default under subsections 14.1(b) and (d) and such Event is caused primarily because of a Force Majeure event, then such Event of Default shall be excused only for the period of delay caused by the Force Majeure event. 14.2 Remedies. Upon an Event of Default, the Town at any time thereafter may give written notice to Tenant specifying such Event or Events of Default and stating that this Lease and the Term hereby demised shall expire and terminate on the date specified in such notice, which shall be least sixty (60) days after the giving of such notice if the Event of Default is a Monetary Default (the “Monetary Termination Notice”), and which shall be at least ninety (90) days for Non-Monetary Defaults (the “Non-Monetary Termination Notice”), subject to the rights for notice and cure for the Permitted Mortgagees as set forth in Section 13.2(c). Upon the date specified in such Monetary Termination Notice or the Non-Monetary Termination Notice, as the case may be, this Lease and the Term hereby demised and all rights of Tenant under this Lease shall expire and terminate (unless prior to the date specified for termination the Event or Events of Default shall have been cured, in which case this Lease shall remain in full force and effect), and Tenant shall remain liable as hereinafter provided. In the event that Tenant and the Permitted Mortgagees elect not to remove the Improvements, as provided in Section 15, all Improvements shall become the property of the Town without the necessity of any deed or conveyance from Tenant to the Town. Tenant agrees upon request of the Town to immediately execute and deliver to the Town any deeds, releases or other documents deemed necessary by the Town to evidence the vesting in the Town of the ownership of all Improvements. Upon such termination, the Town may re-enter the Premises and dispossess Tenant and anyone claiming by, through or under Tenant by summary proceedings or other lawful process. 14.3 Town’s Right To Perform Tenant’s Covenants. (a) Upon any Event of Default, the Town may, but shall be under no obligation to, cure such default. The Town may enter upon the Premises (after five (5) days’ written notice to Tenant except in the event of emergency) for any such purpose, and take all such action thereon, as may be necessary. (b) The Town shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant or any operator or occupant thereof by reason of making such repairs or the performance of any such work, or on account of bringing materials, tools, supplies and equipment onto the Premises during the course thereof, and the obligations of Tenant under this Lease shall not be affected thereby. The Town shall minimize interference with or disruption of Tenant or Tenant’s business, occupants, operators and or lessees. (c) All reasonable sums so paid by the Town and all reasonable costs and expenses incurred by the Town, including reasonable attorneys’ fees and expenses, in connection with the performance of any such act, together with interest at the Default Rate from the date of such payment or incurrence by the Town of such cost and expense until the date paid in full, shall be paid by Tenant to the Town, as Additional Rent, on demand. If the Town shall exercise its rights under this Section to cure a default of Tenant, Tenant shall not be relieved from the obligation to make such payment or perform such act in the future, and the Town shall be entitled to exercise 49 any remedy contained in this Lease if Tenant shall fail to pay such obligation to the Town upon demand. 14.4 No Waiver. No failure by either the Town or Tenant to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial Rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant or condition. No agreement, term, covenant or condition hereof to be performed or complied with by either the Town or Tenant, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the other party. No waiver by the Town or Tenant of any breach shall affect or alter this Lease, but each and every agreement, term, covenant and condition hereof shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 14.5 Injunctive Relief. In the event of any breach by Tenant of any of the agreements, terms, covenants or conditions contained in this Lease, the Town shall be entitled to enjoin such breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings, and other remedies were not provided for in this Lease. 14.6 Remedies Cumulative. Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by the Town or Tenant of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 14.7 Town Default. The Town shall not be in default of any of its material obligations under this Lease unless and until Tenant shall have given written notice to the Town specifying the nature of such default and the Town shall have failed to cure the same within ninety (90) days from the date of said notice, provided that if such default cannot reasonably be cured within said ninety (90)-day period, if the Town shall have failed to commence the cure within the ninety (90)-day period and thereafter completed the same within a reasonable period of time. ARTICLE 15 - SURRENDER; HOLD-OVER 15.1 Surrender. (a) Tenant shall on the last day of the Term, or upon any earlier termination of this Lease, have the right, but not the obligation, to remove any Improvements made by Tenant from the Premises. Tenant shall quit and peacefully surrender and deliver up the Premises, including the Improvements (if Tenant elects not to remove the same), subject to the rights of a Permitted Mortgagee hereunder, to the possession and use of the Town without delay and in good order, condition and repair (excepting only reasonable wear and tear and damage from a Taking or from a fire or other casualty after the last repair, replacement, restoration or renewal required to be made by Tenant, all as provided under this Lease). The Premises shall be surrendered free and clear of all liens and encumbrances other than those 50 existing at the commencement of the Term or those created or suffered by the Town. Upon or at any time after the expiration or earlier termination of this Lease, the Town shall have, hold and enjoy the Premises and the right to receive all income from the same. (b) Tenant shall, within sixty (60) days after the expiration or earlier termination of this Lease, remove from the Premises all the Improvements (as provided in Section 15.1(a)) and other personal property, repair any damage to the Premises caused by such removal, unless the Town permits such property to remain, and restore the Premises to the condition they were in as of the Commencement Date. 15.2 Holdover. If Tenant or any party claiming by, through or under Tenant, retains possession of the Premises or any part thereof after the expiration or earlier termination of this Lease, then the Town may, at its option, serve written notice upon Tenant that such holding over constitutes (i) an Event of Default under the Lease, or (ii) a month-to-month tenancy, upon the terms and conditions set forth in this Lease, or (iii) the creation of a tenancy-at-sufferance, in any case upon the terms and conditions set forth in this Lease. Tenant shall also pay to the Town all damages sustained by the Town resulting from retention of possession by Tenant. The provisions of this Section 15.2 shall not constitute a waiver by the Town of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of the Town's right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. 15.3 Survival. The provisions of this Article 15 shall survive the expiration or earlier termination of this Lease. ARTICLE 16 - ESTOPPEL CERTIFICATES The Town and Tenant promptly shall execute and deliver to each other or to any Permitted Mortgagee, within fifteen (15) business days after request, a certificate as to matters customarily requested in connection with estoppel certificates, including, without limitation, whether or not (i) the Lease is in full force and effect, (ii) the Lease has been modified or amended in any respect and describing such modifications or amendments, if any, and (iii) there are any existing defaults thereunder to the knowledge of the party executing the certificate, and specifying the nature of such defaults, if any. Any such certificate may be relied upon by the Town, Tenant, any Permitted Mortgagee, and any transferee or assignee of a Permitted Mortgagee. ARTICLE 17 - NON-DISCRIMINATION COVENANTS 17.1 Non-Discrimination. With respect to its exercise of all rights and privileges granted herein, Tenant agrees that Tenant, its successors in interest, sublessees, licensees, operators, and assigns shall not discriminate against any person, employee, or applicant for employment because of race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, handicap, veteran status or any other basis prohibited by law in Tenant’s use of the Premises, including the hiring and discharging of employees, the provision or use of services, and the selection of suppliers and contractors. 51 17.2 Non-Compliance. Tenant shall defend, indemnify and hold the Town Parties harmless from and against any and all Claims of third persons resulting from Tenant’s non- compliance with any of the provisions of this Article 17. ARTICLE 18 - MISCELLANEOUS 18.1 Amendments to Lease. This Lease may not be amended, modified, supplemented or extended except by a written instrument executed by the Town and Tenant. 18.2 Notices. Any and all notices, demands, requests, submissions, approvals, consents, disapprovals, objections, offers or other communications or documents required to be given, delivered or served, or which may be given, delivered or served, under or by the terms and provisions of this Lease or pursuant to law or otherwise, shall be in writing and shall be delivered by hand, nationally recognized overnight express commercial service such as “Federal Express” (in either case with evidence of delivery or refusal thereof) or by registered or certified mail, return receipt requested, addressed if to Tenant to: Attention: __________________ Phone: Fax: with a copy to: Attention: __________________ Phone: Fax: or to such other address as Tenant may from time to time designate by written notice to the Town, or if to the Town, addressed to: Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 Attn: Selectboard Phone: (508) 896-3701 Fax: (508) 896-8089 with a copy to: KP Law, P.C. 101 Arch Street Boston, MA 02110 Attn: Katharine Lord Klein, Esq. Phone: (617) 556-0007 Fax: (617) 654-1735 52 or to such other address as the Town may from time to time designate by written notice to Tenant, or to such other agent or agents as may be designated in writing by either party. The earlier of: (i) the date of delivery by overnight express commercial service, or (ii) the date of delivery or upon which delivery was refused as indicated on the registered or certified mail return receipt shall be deemed to be the date such notice or other submission was given. 18.3 Severability. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 18.4 Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party’s consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other; and no one of them, whether exercised by said party or not, shall be deemed to be in exclusion of any other; and two or more or all of such rights and remedies may be exercised at the same time. 18.5 Integration. All prior understandings and agreements between the parties with respect to this Lease are merged within this Lease, which alone fully and completely sets forth the understanding of the parties. 18.6 Bind and Inure. The covenants and agreements herein contained shall bind and inure to the benefit of the Town, its successors and assigns, and Tenant, its successors and assigns. 18.7 Notice of Lease. The Town and Tenant mutually agree to execute herewith, in triplicate, a Notice of Lease in recordable form with respect to this Lease, which shall be recorded forthwith with the Barnstable County Registry of Deeds, and agree to execute, upon termination of this Lease for whatever cause, a Notice of Termination of Lease in recordable form for recording with said Registry of Deeds. 18.8 Enforcement of the Parties’ Liability. Anything contained in this Lease to the contrary notwithstanding, but without limitation of Tenant’s equitable rights and remedies, the Town’s liability under this Lease shall be enforceable only out of the Town’s interest in the Premises; and there shall be no other recourse against, or right to seek a deficiency judgment against, the Town, nor shall there be any personal liability on the part of the Town or any member of any officer, employee, agent or representative of the Town, with respect to any obligations to be performed hereunder. Anything contained in this Lease to the contrary 53 notwithstanding, there shall be no personal liability on the part of Tenant or any partner of Tenant, or any officer or employee of Tenant, with respect to any obligations to be performed hereunder. In no event shall any party be liable for indirect, special, consequential or punitive damages, including any lost revenues. 18.9 Captions. The captions of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease nor in any way affect this Lease. 18.12 Massachusetts Law Governs. This Lease shall be governed exclusively by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, and all claims relating in any way to this Lease shall be brought in the courts of the Commonwealth of Massachusetts. 18.13 Time of the Essence. Time shall be of the essence hereof. 18.15. No Partnership or Joint Venture. Nothing contained under this Lease shall be construed to create a partnership or joint venture between the Town and Tenant or to make the Town an associate in any way of Tenant in the conduct of Tenant’s business, nor shall the Town be liable for any debts incurred by Tenant in the conduct of Tenant’s business, and it is understood by the parties hereto that this relationship is and at all times shall remain that of landlord and tenant. 18.16 Prevailing Party. In any litigation between the parties arising out of this Lease, or in connection with any other actions taken or notices delivered in relation to a default by any party to this Lease, the non-prevailing party shall pay to the prevailing party the prevailing party’s reasonable attorneys' fees and costs incurred in connection with the enforcement of the terms of this Lease. 18.17 Brokers. The Town and Tenant each warrants and represents to the other that it has had no dealings or negotiations with any broker or agent in connection with this Lease. Each agrees to pay, and shall hold the other harmless and indemnified from and against any and all costs, expenses (including without limitation counsel fees) or liability for any compensation, commissions and charges claimed by any broker or agent resulting from any such dealings by the indemnifying party with respect to this Lease or the negotiation therefor. 18.18 Covenants Running with the Land. Tenant intends, declares, and covenants, on behalf of itself and all future holders of Tenant’s interest hereunder, that this Lease and the covenants and restrictions set forth in this Lease regulating and restricting the use, occupancy, and transfer of the Premises (a) shall be and are covenants running with the Premises, encumbering the Premises for the Term of this Lease, binding upon Tenant and Tenant’s successors-in-interest; (b) are not merely personal covenants of Tenant; and (c) the benefits shall inure to the Town. 18.19 Tenant Request for Consent. Tenant shall reimburse the Town for its reasonable attorneys’ fees and out-of-pocket expenses incurred in connection with any request by Tenant for the Town’s consent hereunder. 54 [Signature on Following Page] 55 EXECUTED as of the date first set forth above. TOWN OF BREWSTER, By Its Select Board ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ TENANT: By: ________________________________ Name: Title: 56 ATTACHMENT E Housing Production Plan Housing Production Plan: https://www.mass.gov/doc/brewsterpdf/download 57 ATTACHMENT F Bohler Reports: Due Diligence and Watershed Study Due Diligence: http://records.brewster-ma.gov/weblink/0/doc/110256/Page1.aspx Watershed Study: http://records.brewster-ma.gov/WebLink/0/doc/153224/Page1.aspx 58 ATTACHMENT G Bohler Buffer Plan 30' 30'30'10'10'30' 10'30'30'30'3 0 ' W E S 59 ATTACHMENT H Community Engagement Reports and Conceptual Site Designs Community Report #1 - http://records.brewster- ma.gov/weblink/DocView.aspx?dbid=0&id=114215&page=1&cr=1 Community Report #2 (includes visual preference survey) - http://records.brewster- ma.gov/WebLink/0/doc/116309/Page1.aspx Millstone Parcel: Three conceptual sketches - http://records.brewster- ma.gov/WebLink/0/doc/122703/Page1.aspx 60 TOWN OF BREWSTER REQUEST FOR PROPOSALS (RFP) Lease of Property at 0 Millstone Rd, Brewster Attachment I PRICE PROPOSAL FORM PRICE Please write your proposal offer: Print/Type your proposal amount above in written form Print/Type your proposal amount above in number form Note: Both the written form and the number form should indicate the same total amount. If there is a conflict between the written form and the number form amounts, the written form will control. Name of proposer Name of person signing proposal ______________________________________________________________________________ Signature of person signing proposal Date ______________________________________________________________________________ Title ______________________________________________________________________________ Address (Note: This form must be included in the proposal submission) 61 TOWN OF BREWSTER REQUEST FOR PROPOSALS (RFP) Lease of Property at 0 Millstone Rd, Brewster Attachment J CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C, §49A(b) of the Massachusetts General Laws, I, ________________________________________ authorized signatory for (Name) ________________________________________, do hereby certify under the pains and (Name of Proposer) penalties of perjury that said proposer has complied with all laws of the Commonwealth of Massachusetts relating to taxes. Signature: ____________________________ Printed name: Title: Name of Business: ____________________________ Date: (Note: This form must be included in the proposal submission) 62 TOWN OF BREWSTER REQUEST FOR PROPOSALS (RFP) Lease of Property at 0 Millstone Rd, Brewster Attachment K CERTIFICATE OF NON-COLLUSION The undersigned certifies under the pains and penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. Signature: Printed name: Title: Name of Business: Date: (Note: This form must be included in the proposal submission) 63 TOWN OF BREWSTER REQUEST FOR PROPOSALS (RFP) Lease of Property at 0 Millstone Rd, Brewster Attachment L DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J) The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law: (1) Real Property: in parcel of land located at 0 Millstone Rd, Brewster, containing ________ acres of land, more or less, and shown as “__________” on a plan entitled “_____________________,” dated _______________, 2021, and being a portion of the premises described in a deed recorded with the Barnstable Registry of Deeds in in Book 18897 Page 134 and Deed Book 31410 Page 87. (2) Type of Transaction, Agreement, or Document: Lease of Property by Town of Brewster (3) Public Agency Participating in Transaction: Town of Brewster (4) Disclosing Party’s Name and Type of Entity (if not an individual): (5) Role of Disclosing Party (Check appropriate role): _____Lessor/Landlord __X___ Lessee/Tenant _____Seller/Grantor _____Buyer/Grantee _____Other (Please describe):_______________________________________ (6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary): 64 NAME RESIDENCE _________________________ ____________________________ _________________________ ____________________________ _________________________ ____________________________ (7) None of the above- named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (insert “none” if none): (8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts: No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change. Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the 65 state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request. The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours. (9) This Disclosure Statement is hereby signed under penalties of perjury. Print Name of Disclosing Party (from Section 4, above) Authorized Signature of Disclosing Party Date (mm / dd / yyyy) Print Name & Title of Authorized Signer (Note: This form must be included in the proposal submission) 66 TOWN OF BREWSTER REQUEST FOR PROPOSALS (RFP) Lease of Property at 0 Millstone Rd, Brewster Attachment M CERTIFICATE OF AUTHORITY Give full names and residences of all persons and parties interested in the foregoing proposal: (Notice: Give first and last name in full; in case of a corporation, give names of President and Treasurer; in case of a limited liability company, give names of the individual members, and, if applicable, the names of all managers; in case of a partnership or a limited partnership, all partners, general and limited and; in case of a trust, all the trustees) NAME ADDRESS ZIP CODE ____________________ ___________________________________ ____________ ____________________ ___________________________________ ____________ ____________________ ___________________________________ ____________ Kindly furnish the following information regarding the Respondent: 1) IF A PROPRIETORSHIP Name of Owner: _________________________________________________ Address: _________________________________________________ Name of Business: _________________________________________________ Home: _________________________________________________ 2) IF A PARTNERSHIP Business Name: _________________________________________________ Business Address: _________________________________________________ Names and Addresses of Partners 67 PARTNER NAME ADDRESS ZIP CODE ____________________ _____________________________ ____________ ____________________ _____________________________ ____________ ____________________ _____________________________ ____________ 3) IF A CORPORATION OR A LIMITED LIABILITY COMPANY Full Legal Name: _______________________________________________________ State of Incorporation: ___________________________________________________ Principal Place of Business _____________________________________________ Qualified in Massachusetts: Yes __________ No __________ Place of Business in Massachusetts: ________________________________________ 4) IF A TRUST Full Legal Name: ___________________________________________________ Recording Information: ___________________________________________________ Full names and address of all trustees: NAME ADDRESS ZIP CODE ____________________ _____________________________ ____________ ____________________ _____________________________ ____________ ____________________ _____________________________ ____________ ____________________ _____________________________ ____________ Signature: Printed name: ____________________________ Title: ____________________________ Name of Business: 68 Date: (Note: This form must be included in the proposal submission) ADDENDA AND MODIFICATIONS 1. Date: October 29, 2021 2. Re: Addendum No. 1 3. Project: Millstone Road Housing Request for Proposals (RFP) 4. Issued: October 13, 2021 5. To: 1. Richard C. Relich | Principal Arch Communities LLC PH. (781)424-7328 Rich@archcommunities.com 2. Katie Gething, MBA, MT(ASCP) Marketing Director DHK Architects Inc. 54 Canal Street, Suite 200 Boston, MA 02114 Main: (617) 267-6408 x1006 Direct: (857) 702-0066 kgething@dhkinc.com www.dhkinc.com 3. Patrice Hill Savery Administrative Assistant 203 Willow St, Suite A | Yarmouthport, MA 02675 | 508-362-8382 | www.catalystarchitects.com patrice@catalystarchitects.com Select Board Town Administrator 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 4-Steven Azar, Principal AzarDev 210 Bradford Street Provincetown, MA 02657 cell: 857.998.2378 email: steven@azardev.com 5-Sandy Jenkins (she/her) 315-813-7887 NovaTech www.novatechnologiesgrp.com 1401 Nobel Street Sainte-Julie, QC J3E1Z4, Canada Sandy Jenkins sjenkins@novatechnologiesgrp.com 6-James J. Perrine President 617-894-2512 1588 Cambridge Street, Cambridge, MA 02138 CommonwealthCommunityDevelopers.com James J. Perrine <jperrine@ccdhousing.com> 7- Mary Mathis Senior Content Public Reporter tel:770.209.3816 Mary.Mathis@constructconnect.com 8- Ryan Kiracofe Associate Developer Pennrose, LLC 50 Milk Street, 16th Floor | Boston, MA 02109 Phone: | Fax: | Email: rkiracofe@pennrose.com 9- Construct Connect Jan de La Peña Content Specialist tel: fax: 323.602.5079 ext.75180 866.570.8187 Jan De La Peña jan.delapena@ConstructConnect.com 10-Kim Jones Administrative Assistant Prime Vendor Inc. 4622 Cedar Avenue Wilmington, North Carolina 28403-4429 Phone: 910-805-9630 Fax: 910-726-1973 Email: Primevendor123@gmail.com 11-Ksenia Pryme Marketing Coordinator Coastal Engineering Company, Inc. 260 Cranberry Highway, Orleans, MA 02653 Orleans - Sandwich - Nantucket Phone 508-255-6511 x214 kpryme@coastalengineeringcompany.com 12-David Quinn Director of Housing Development & Planning dquinn@haconcapecod.org 508-771-5400 x288 | Cell: 508-280-8465 460 West Main Street, Hyannis, MA 02601 HacOnCapeCod.org 13-Pelinda Deegan Pronouns: she, her, hers Housing Advocacy Program Manager Community Development Partnership Capecdp.org I (508) 240-7873 x15 I pelinda@capecdp.org 14-Lindsey Gael Senior Development Project Manager The Community Builders, Inc. 185 Dartmouth Street Boston, MA 02116 direct line: (857) 221-8608 office main line: (857) 221-8600 www.tcbinc.org Gael, Lindsey lindsey.gael@TCBINC.ORG 15-Marisa Breece Sullivan Pronouns I use: she, her, hers Administrative and Marketing Assistant 617.524.5558 Marisa Breece Sullivan marisabs@studiogarchitects.com 16-SUSAN GITTELMAN B'nai B'rith Housing │Executive Director susan@bbhousing.org │www.bbhousing.org│P: 617-648-7900 17-Jacqueline Sessa Public Records Requests Deltek, Inc. 2291 Wood Oak Drive, Herndon VA 20171 Deltek Ref# BID:103578544 Deltek Public Records PublicRecords@deltek.com 18-Dom S. Ponsades, Jr. | Senior Lead Researcher Thornton Tomasetti | 120 Broadway, New York, NY 10271 Main +1.917.661.7800 | Direct/Fax +1.917.661.8178 | Mobile +1.845.709.9994 DPonsades@ThorntonTomasetti.com | www.ThorntonTomasetti.com 6. From: Peter Lombardi, Town Administrator 7. This Addendum forms part of and modifies RFP Documents for the project named above. Acknowledge receipt of this Addendum on your proposal. 8. Where any original item called for in the RFP is supplemented by this addenda, the supplemental requirements shall supersede the previous item. 9. Where any original item is amended, voided, or superseded hereby, the other provisions of such items not specifically amended, voided, or superseded shall remain in effect. 10. This Addendum consists of this document and the following attachments: A. Questions from Bidders B. Answers A. Question 1: Am I right that the pre-submission meeting and tour on 11/3 will begin at the northerly portion of the site, between 560 and 598 Millstone, rather than at the end of Agassiz Way? B. Participants in the site tour and briefing at 11AM on Wednesday November 3rd, 2021, will meet at 0 Millstone Road, located between 560 & 598 Millstone Road. Participants can park on Lund Farm Road. Town of Brewster Request for Quotes Millstone Community Housing RFP Proforma Review 1.Background At the May 2018 Town Meeting, voters supported the acquisition of 0 Millstone Road and the transfer of 15+ acres of municipal land at Millstone Road for the purposes of Community Housing. The Town received a Technical Assistance Grant for pre-feasibility engineering through the Mass Housing Partnership (MHP) and completed due diligence in 2019. Oversight of the Millstone Road Community Housing initiative was given to the Brewster Affordable Housing Trust (BAHT) by the Brewster Select Board. The BAHT held a series of community engagement sessions with the assistance of Barrett Planning through 2019 and into 2020. In the late fall of 2020, the BAHT with the assistance of MHP began the work to create and issue a Request for Proposals (RFP) for up to 90 bedrooms of rental housing. The RFP was completed in September 2021 and issued on October 13, 2021. Proposals are due back on December 16, 2021. The BAHT will serve as the reviewing committee for proposals. 2.Existing Documents Link to the 2017 Brewster Housing Production Plan and 2018 Town of Brewster Vision Plan. Both are available on the Town website as well. Housing Production Plan: http://records.brewster-ma.gov/weblink/DocView.aspx?dbid=0&id=85946&page=1&cr=1 Brewster Vision Plan: http://records.brewster-ma.gov/weblink/0/doc/90826/Page1.aspx Evaluation criteria of the RFP is attached to this Request for Quotes as Attachment A. 3.Scope of Services The Scope of Work is limited to a review and analysis of each of potential developer’s pro forma as it relates to the “Financial Feasibility” portion of the evaluation criteria established by the Town relevant thereto. A copy of the evaluation criteria is attached as Attachment A. Other matters related to the project such as an assessment of the strength of the development team, affordability, site design, infrastructure and green design, building design, and other due diligence are not part of the scope of work. No site visit is anticipated. The criteria established by the Town are set forth in attached as Attachment A. The Town does not know at this time how many proposals will be received. Price should be quoted on a per proposal review basis. 4.Scope of Work Review the financial pro formas and supporting documents submitted by each of the proposals submitted in response to the RFP. Proforma review should include the following: Unit Mix & Rents, Development Costs, Source of Funds and Income/Expenses of proposed Operating Budget. Seek any additional information from Town or applicant necessary to complete review. 5.Deliverables A written report which provides an analysis of the applicant’s financial pro formas which includes: Whether the Development and Operating Costs are reasonable for a project of its size and are consistent with industry standards, identifying areas, if any, where the costs do not meet these standards. The financial feasibility of the project. Whether there are areas where more detailed information is needed. Participation in a one-hour public Zoom meeting with the BAHT who will be evaluating the RFP responses to review the written report and answer any questions. 6.Submission Requirements The Submittal should include the following: a.Qualifications: A narrative describing the consultant’s qualifications and experience in completing similar types of Proforma Reviews. b.Timetable: A statement attesting to the consultant’s ability to achieve the required product within the timetable allocated for performing the scope of the work. c.Cost: The consultant shall submit a price to review per proposal. d.Resume: Include resumes of key staff, including those of any subcontractors who will be involved in the project. e.References: Names and contact information from at least three references from organizations/ individuals that have received comparable service by the consultant within the last five years. The Town reserves the right to consider other sources and material not provided by the submitter. f.Sample of Work: Include a copy of comparable work that the consultant has completed within the last two years. g.Non-collusion Form: Complete non-collusion form, see attachment B. 7.Contract Terms and Conditions If awarded the contract, the consultant will be expected to execute a contract substantially the same as incorporated herein by reference as attachment C.This contract will incorporate by reference the approved scope of services submitted by the selected consultant. 8.Questions, Deadline and Address for Submission Any questions pertaining to this Request For Quotes (RFQ) should be directed in writing to: Peter Lombardi, Town Administrator, townadmin@brewster-ma.gov by the close of business on December 28, 2021.Following the closure of questions, a single response will be prepared for all questions received, and circulated to all recipients of this RFQ. Complete submittal of the quotes shall be received by the Town no later than 4 P.M. on January 4, 2021 and can be emailed to Peter Lombardi, Town Administrator, townadmin@brewster- ma.gov. The Town Administrator reserves the right to reject any and all submittals, waive informalities, and to award contracts as may be in the best interests of the Town. The selected consultant shall be expected to comply with all applicable federal and state laws in the performance of services. The consideration of all qualifications and subsequent selection of the successful consultant shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin. The contract and its award process resulting from this Request for Quotes are subject to the Uniform Procurement Act pursuant to the M.G.L. c. 30B. 9.Award: The contract will be awarded to the responsible and qualified bidder as determined below who can supply the needed consultant services at the best price. a.The consultant has met all submission requirements. b.The consultant possesses the experience and qualifications necessary to carry out the contract and perform the required services. At a minimum the consultant shall have completed at least three similar projects within the last five years. c.The consultant possesses strong communication skills as determined by satisfactory reference checks. d.Ability to meet deadline for deliverables. e.Best offered price. 2 ATTACHMENT A Comparative Evaluation Criteria: 0 Millstone Rd, Brewster Unacceptable Advantageous Highly Advantageous Developer Experience & Capacity (Team) • Demonstrated experience as a principal or lead development officer in and capability for designing, permitting, developing and managing similar residential projects. • Outcome of comparable projects • Experience with site septic system issues • Property management experience with similar projects • The quality of the team’s reputation and references, particularly in terms of its regulatory track record and ability to complete projects as proposed • Success in marketing approach, including affirmative fair housing marketing plans and lottery, meeting State requirements Development team members have only minimal experience in the development of projects with similar scope – including legal, design, development, financing, and management experience with rental housing. Development team members have significant experience in the development of projects of similar scope – including legal, design, financing, affordable housing management. Significant experience (2 or more projects) including with private septic. Energy efficient buildings are not part of standard approach. Past developments demonstrate good property management structure. Development team members have extensive experience in the development of projects of similar scope – including legal, design, financing, affordable housing management. Extensive experience (4 or more projects) including with private septic. Energy efficient design is their standard approach to design and development. Past developments demonstrate excellent property management structure and professionalism. Affordability Proposal meets a range of incomes. All of the units must be restricted to households at or below 80% AMI Less than 100% of the units are affordable to 80% AMI. All units are affordable to 80% AMI All of the units are affordable to 80% AMI or below with the affordability ranging from 30% AMI to 80% AMI 3 Site Design • Thoughtful and efficient site design using the natural topography of the site as much as feasible • Efficient, safe internal traffic flow • Underground utilities • Exterior lighting – minimal impact to neighbors and night sky • Landscape plan including within parking area includes native plantings and, when feasible, enhances rather than replaces existing vegetation • Designated area for snow • Adequate parking and walkways for residents and visitors • Natural buffer to surrounding residential neighbors as required in the narrative (Section IV, Site) • Respects adjacent properties • Provides programmed outdoor community gathering space for a variety of ages • Includes bike racks Proposal fails to meet the majority of the RFP criteria for site design. The proposal meets some or all of the RFP site design criteria with thoughtful building siting, safe, efficient traffic flow, and maintains the natural buffers to surrounding neighborhoods, as required. Proposal meets or exceeds all of criteria Infrastructure and Green Design • Underground utilities • Storm water management uses standards of low impact development • Buildings are located for maximum solar potential • Roof construction is “solar ready” (designed to support solar panels) • Meets green design standards for LEED, Passive House, or other comparable programs • Provide charging station(s) for EVs Proposal fails to meet a majority of the RFP criteria for infrastructure and green design The proposal meets some of the RFP infrastructure and green design criteria Proposal meets the or exceeds all of criteria 4 Building Design • Conceptual design includes four (4) or more buildings • Exterior is of high quality, while remaining compatible with local architectural design • Creative design that is cost effective and high quality • Interior design and layouts meet a variety of household sizes, aesthetics, and resident mobility needs • Finishes support durability and low-maintenance for tenants • Construction maximizes soundproofing between units • Provides community space for residents, preferably with kitchen facilities • Includes office space for management • Provides storage space, either in basements or sheds • Prefer individual exterior space (patios or balconies) Design appears incongruous with local designs, interior layout does not meet a variety of household types and mobility needs, and does not comply with a majority of the RFP criteria Design reflects or complements local designs, layout provides for a variety of household types and mobility needs, Complies with a majority of the RFP criteria and preferences Design proposal articulates a creative development vision that is a cost-effective, energy efficient, attractive design that reflects and/or complements the local aesthetics, and provides a variety of household types and mobility needs. Complies with all of the RFP criteria and preferences Financial Feasibility • Adequacy of proposed budgets (development and operating) • Appropriateness of rents in relation to the market • Track record of securing proposed financing • Availability and likelihood of approval of proposed pre-development, construction and permanent financing Proposals does not demonstrate an understanding of development costs and operating budgets for affordable housing and/or does not have a successful record of securing financing. Proposal contains realistic development and operating budgets and evidence of success in securing necessary financing. Proposal contains realistic development and operating budgets and evidence of a high degree of success in securing necessary financing and other sources of funding. 5 References, Site Visits, and Interviews • A minimum of three references including references from all projects undertaken in the last 10 years • The evaluation committee may choose to visit proposers’ completed projects • The evaluation committee may require proposers present their proposals. Presentations will not be scored. Did not provide minimum of 3 references, or references were poor and/or inadequate. Properties visited were in poor condition. Strong references reflecting projects came in on time and within budget, good property management structure. Properties visited were in good condition, site layout was efficient, and buildings were well designed. Strong references reflecting timely completion, excellent budget control, excellent property management structure and professionalism of developer. Properties visited were in great condition, site layout building design, and landscaping excellent, and use of energy efficient and durable materials. Office of:Town of Brewster Board of Selectmen2198 Main Street Town AdministratorBrewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 ATTACHMENT B: CERTIFICATE OF NON-COLLUSION/GOOD FAITH The undersigned hereby certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. This bid or proposal is made without any connection or consultation with any other person making any bid or proposal for the same work. ___________________ _______________________________________ (date) (Signature) ________________________________________________ (Printed name of person signing bid or Proposal) _______________________________________ (Name of Business) _______________________________________ (Business address) _______________________________________ (Business phone number) www.brewster-ma.gov ATTACHMENT C: AGREEMENT FOR TOWN OF BREWSTER The following provisions shall constitute an Agreement between the Town of Brewster, acting by and through its Town Administrator, hereinafter referred to as "Town," and , with an address of , hereinafter referred to as "Contractor", effective as of the day of , 2021. In consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE 1: SCOPE OF WORK: The Contractor shall perform all work and furnish all services necessary to provide the Town with , including the scope of services set forth in Attachment A. ARTICLE 2: TIME OF PERFORMANCE: The Contractor shall complete all work and services required hereunder commencing , 2021 through , 202 . . ARTICLE 3: COMPENSATION: The Town shall pay the Contractor for the performance of the work outlined in Article 1 an amount not to exceed ( ) Dollars and 00 cents. The Contractor shall submit monthly invoices to the Town for services rendered, which will be due 30 days following receipt by the Town. ARTICLE 4: CONTRACT DOCUMENTS: The following documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein: 1. This Agreement. 2. Amendments, or other changes mutually agreed upon between the parties. 3. All attachments to the Agreement. In the event of conflicting provisions, those provisions most favorable to the Town shall govern. ARTICLE 5: CONTRACT TERMINATION: The Town may suspend or terminate this Agreement by providing the Contractor with ten (10) days written notice for the reasons outlined as follows: 1. Failure of the Contractor, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. 2. Violation of any of the provisions of this Agreement by the Contractor. 3. A determination by the Town that the Contractor has engaged in fraud, waste, mismanagement, misuse of funds, or criminal activity with any funds provided by this Agreement. The Town party may terminate this Agreement at any time for its convenience by providing the Contractor written notice specifying therein the termination date which shall be no sooner than thirty (30) days from the issuance of said notice. Upon receipt of a notice of termination from the Town, the Contractor shall cease to incur additional expenses in connection with the Agreement. Upon such termination, the Contractor shall be entitled to compensation for all satisfactory work completed prior to the termination date as determined by the Town. Such payment shall not exceed the fair value of the services provided hereunder. ARTICLE 6: INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the Town and its officers, agents, and all employees from and against claims arising directly or indirectly from the contract. Contractor shall be solely responsible for all local taxes or contributions imposed or required under the Social Security, Workers' Compensation, and income tax laws. Further, the Contractor shall defend, indemnify and hold harmless the Town with respect to any damages, expenses, or claims arising from or in connection with any of the work performed or to be performed under this Agreement. This shall not be construed as a limitation of the Contractor's liability under the Agreement or as otherwise provided by law. ARTICLE 7: AVAILABILITY OF FUNDS: The compensation provided by this Agreement is subject to the availability and appropriation of funds. ARTICLE 8: APPLICABLE LAW: MGL 30B The Contractor agrees to comply with all applicable local, state and federal laws, regulations and orders relating to the completion of this Agreement. This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts. ARTICLE 9: ASSIGNMENT: The Contractor shall not make any assignment of this Agreement without the prior written approval of the Town. ARTICLE 10: AMENDMENTS: All amendments or any changes to the provisions specified in this Contract can only occur when mutually agreed upon by the Town and Contractor. Further, such amendments or changes shall be in writing and signed by officials with authority to bind the Town. No amendment or change to the contract provisions shall be made until after the written execution of the amendment or change to the Contract by both parties. ARTICLE 11: INDEPENDENT CONTRACTOR: The Contractor acknowledges and agrees that it is acting as an independent contractor for all work and services rendered pursuant to this Agreement and shall not be considered an employee or agent of the Town for any purpose. ARTICLE 12: INSURANCE: The Contractor shall be responsible to the Town or any third party for any property damage or bodily injury caused by it, any of its subcontractors, employees or agents in the performance of, or as a result of, the work under this Agreement. The Contractor and any subcontractors used hereby certify that they are insured for workers’ compensation, property damage, personal and product liability. The Contractor and any subcontractor it uses shall purchase, furnish copies of, and maintain in full force and effect insurance policies in the amounts here indicated. WORKMEN'S COMPENSATION Per Statute EMPLOYER'S LIABILITY INSURANCE $1,000,000 COMPREHENSIVE GENERAL LIABILITY Personal Injury $500,000 each occurrence Bodily Injury $1,000,000 in the aggregate Property Damage $1,000,000 in the aggregate COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $500,000 each person $1,000,000 each accident PROPERTY DAMAGE $200,000 per accident PLUS COMPREHENSIVE LIABILITY $500,000 in the aggregate UMBRELLA COVERAGE PROFESSIONAL LIABILITY (where applicable) $1,000,000 Prior to commencement of any work under this Agreement, the Contractor shall provide the Town with Certificates of Insurance which include the Town as an additional named insured and which include a thirty day notice of cancellation to the Town. ARTICLE 13: SEVERABILITY: If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced. ARTICLE 14: ENTIRE AGREEMENT: This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto. ARTICLE 15: COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be a counterpart original. ARTICLE 16: WAGE RATES: Minimum wage rates, as determined by the Department of Labor and Workforce Development, under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H, as amended, apply to this project [Attach and incorporate by reference the applicable State Department of Labor Standards wage schedule]. It is the responsibility of the Contractor, before Bid Opening, to request, if necessary, any additional information on Massachusetts Wage Rates for those tradespeople who are not covered by the applicable Massachusetts Wage Decision, but who may be employed for the proposed work under this Contract. A.In accordance with Chapter 149, Section 27B, it is the responsibility of the Contractor and any Subcontractors to submit payroll records to the Official on a weekly basis. CERTIFICATION AS TO PAYMENT OF STATE TAXES Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, ______________________, authorized signatory for the Contractor do hereby certify under the pains and penalties of perjury that said Contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support. ____________________________ Social Security Number or Signature of Individual or Federal Identification Number Corporate Name By: Corporate Officer (if applicable) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CONTRACTOR DATE:___________TOWN OF BREWSTER By by its Town Administrator ________________________________________________________________________ Peter Lombardi ____________________________________ Printed Name and Title Approved as to Availability of Funds: ($ ) Mimi Bernardo, Finance Director Contract Sum 530276/99999/0003 Appendix A CERTIFICATE OF NON-COLLUSION/GOOD FAITH The undersigned hereby certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. This bid or proposal is made without any connection or consultation with any other person making any bid or proposal for the same work. ___________________ _______________________________________ (date) (Signature) ________________________________________________ (Printed name of person signing bid or Proposal) _______________________________________ (Name of Business) _______________________________________ (Business address) _______________________________________ (Business phone number) POAH + HAC Presentation to the Town of Brewster In Response To RFP for Affordable Housing at 0 Millstone Road February 3, 2022 The Project Team 2 HAC and POAH –Committed Partners 3 Development Guiding Principles 4 ❖Range of households ❖Sociable neighborhood ❖Small building footprints ❖Traditional building forms ❖Sustainable ❖Preserve existing woodland ❖Respect buffers Site Design –Existing Conditions 5 Millstone Road Captain’s Village Ocean’s Edge Site Design –Development Area 6 Site Design –Minimizing Site Disturbance 7 Site Design –Key Features 8 •Central Green & Community Building as Focal Point •Organized Around Loop Road •Variety of Unit Types and Open Spaces Connected by Walks •Building Orientation Considers Solar Access •Distributed and Proximate Parking •Stormwater Integrated and Septic Tucked Away Site Design –Program 9 13 Unit Multifamily Building (9) 1BR, (3) 2BR, (1) 3BR 1BR/2BR Manor Houses (2) 1BR, (2) 2BR each 2BR/2BR Manor Houses (4) 2BR each 3BR Duplexes (2) 3BR each Community Building Community Room, Laundry, and Management Offices (72) Parking Spaces 1.5/du + 4 Visitor Spaces (45) Total Units: (15) 1BR, (25) 2BR, (5) 3BR Site Design –Community Impacts 10 •Respects Buffers as Shown in Base Materials (Yellow Dashed Lines, 30’ min North and East, 10’ min South and West) •Edge of Saved Tree Canopy is Conceptual: Exact Locations To Be Determined •Lighting Dark Sky Compliant, Primarily Front Porch Lights •Abutters Screened by Existing Trees, Natural Grade Changes, New Buildings, and Fences / Landscaping as Appropriate Site Design –Landscape 11 Site Design –Drainage 12 Site Design –Engineering Considerations 13 WWTP and Leachfield Underground Infiltration Chambers Typ. Bioretention Areas Porous Pavers Bioretention/Naturalized Infiltration Basin Naturalized Infiltration Basin Bioretention Area Tree Trenches Vegetated Swale Vegetated Swale UNDERGROUND CHAMBERSPOROUS PAVINGTREE TRENCHBIOSWALESite Design –Drainage Site Design –I/A Septic POAH and HAC Owned Properties 15 ❖Kimber Woods ▪Advantex/Presby ❖Lombard Farm ▪Bioclere/Trench ❖Melpet Farm ▪Bioclere/Trench ❖950 Falmouth Rd. ▪Bioclere with MBBR/Trench ❖Rock Harbor ▪Advantex/Field A Cape Cod Neighborhood 16 View from West 17 View from East 18 View from North 19 Traditional New England Building Forms 20 Traditional New England Building Forms 21 LOMBARD FARM, WEST BARNSTABLE, MA SWEETBRIAR, BARRINGTON, RI NORTH COVE LANDING, WICKFORD, RI HOKUM ROCK HOME, DENNIS, MA GREAT COVE, MASHPEE, MA MELPET FARM, DENNIS, MA Development Capacity 22 HAC MA Funding Pipeline Project Name DHCD Funding Round Status City State Permitting Total Units Cape View Way*Summer 2022 Mini Round Projected Bourne MA 40B 51 107 Main Street Summer 2022 Mini Round Projected Orleans MA 40B 14 Total 65 *Partnership with POAH POAH MA Funding Pipeline Project Name DHCD Funding Round Status City State Permitting Total Units Attleboro Portfolio Winter 2022 Submitted Attleboro MA Existing 135 Temple Landing II Winter 2022 Submitted New Bedford MA 40B 27 95 Lawrence Road Winter 2023 Projected Wellfleet MA 40B 46 Total 208 Track Record Securing Financing Melpet Farm South Dennis High Meadow Bourne Brewster Woods Brewster Millstone Road Brewster 9% LIHTC ✓✓✓✓ First Mortgage MHP MassHousing MHP TBD DHCD –AHTF ✓✓✓✓ DHCD –HOME ✓✓✓✓ BCHC –HOME ✓✓✓✓ CPA ✓✓✓ MassHousing Workforce ✓✓ 1 Bedroom 2 Bedroom 3 Bedroom Total Total % 30% -50% AMI 0 4 4 8 18% 60% AMI 10 16 1 27 60% 80% AMI 5 5 0 10 22% A Healthy and Supportive Community 24 Thank You Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Schedule & Format for Town Committee Meetings DATE: March 11, 2022 Current state provisions allow for the continuance of remote and hybrid meetings through July 15, 2022. It is unclear if the state will issue any further extension of the expanded Open Meeting Law provisions first introduced in March 2020 beyond this summer. As you know, the Board of Health lifted the mask requirement in Town buildings late last month. Based on recent COVID trends and related guidance, we are recommending that the Board amend our board and committee meeting format as outlined below. Starting April 1, committees will have the option to meet in person, without any restrictions on the number of committee members and support staff. Committees can also continue to meet virtually. Committees will be strongly encouraged to choose meeting either fully in-person or remain virtual. Depending on their next meeting date, some committees may meet virtually in April to decide which option they’d prefer. During the months of April and May, regardless of whether a particular board or committee meets in person, public participation will continue to be by remote means. For this reason, all in-person meetings will continue to be televised. During these two months, the Town Administrator’s office will continue to manage scheduling these meetings, which is not anticipated to change much. We expect that board and committee meetings will transition to a mostly in-person format in June and that the public will then be permitted to attend in person as well. The start of this next phase may be delayed to July. In May, we will update the Board on the latest developments so we can then plan for the timing and format of fully transitioning to in-person meetings in June/July. At the same time point, the existing Select Board remote participation policy will have to be reviewed and updated to align with our new practices. Going forward, public forums that don’t require convening a public body may be held in person or via remote means to maximize resident attendance and participation. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Meeting Schedule & Format for Town Committees DATE: February 10, 2022 We are recommending that the Board continue the committee meeting format that has been in place since June 2021 through to the end of March 2022. Although the recent surge of COVID cases in Brewster and the County has seemed to stabilize, we should continue to be vigilant through the winter months. Current state provisions allow for the continuance of remote and hybrid meetings through April 15, 2022; however, the State legislature is proposing an extension of this provision until July 15. This latest legislative solution is pending approval by Governor Baker. We will have to revisit this issue at our second meeting in March to determine whether we need to continue this approach into spring. The Board of Health will have revisited their mask requirement in Town buildings by that date. The following are a list of committee meeting provisions that we currently have in place. In-person/hybrid meetings can be held in Room A or Room B. The hybrid option has been installed Room B and both rooms are now fully operational. In-person attendance will be limited to board/committee members and staff only through March. Attendance is limited to 6 people in order to allow for social distancing. Public attendance will continue to be through Zoom webinar through March 3, 2022. In-person attendees will be required to follow either the mask mandate or mask advisory in town buildings; rooms are equipped with air purifiers and are cleaned between meetings. Committee members and/or staff can opt to participate remotely instead of in- person. There are currently no committees who are meeting in person. We have been able to effectively manage the committee schedule during this time frame. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Meeting Schedule & Format for Town Committees DATE: December 15, 2021 We are recommending that the Board continue the committee meeting format that has been in place since June 2021 through the months of January and February, particularly since the Covid numbers in Brewster and the County have risen substantially in the last month. The State regulation allows for the continuance of remote and hybrid meetings through April of 2022. The following are a list of committee meeting provisions that we currently have in place.  In-person/hybrid meetings can be held in Room A or Room B. The hybrid option has been installed Room B and both rooms are now fully operational.  In-person attendance will be limited to board/committee members and staff only through February. Attendance is limited to 6 people in order to allow for social distancing.  Public attendance will continue to be through Zoom webinar through February 28, 2022.  In-person attendees will be required to wear masks in accordance with our mask mandate in town buildings; rooms are equipped with air purifiers and are cleaned between meetings.  Committee members and/or staff can opt to participate remotely instead of in- person. Most Committees opted to remain virtual during the June to December timeframe. Some Committees that were initially holding hybrid meetings such as Select Board, Board of Health and Brewster School Committee switched back to virtual. The committees who are currently meeting in the hybrid format are: Recreation Commission and Recycle Commission. We have been able to effectively manage the committee schedule over the last 7 months and can continue to do so through the busier meeting season leading up to Town Meeting. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Meeting Schedule & Format for Town Committees DATE: October 14, 2021 We are recommending that the Board continue the committee meeting format that was adopted in June through the months of November and December. Since the Board currently has one regular meeting scheduled in November as well as the November 15th town meeting, it is advisable now to adopt the same format for the next two months and re-visit the format in January. The State regulation allows for the continuance of remote and hybrid meetings through April of 2022. The following are a list of committee meeting provisions that we currently have in place. In-person/hybrid meetings will be held in Room A. The screen and equipment for another hybrid option has been delivered and we are just waiting for the vendor to do the installation Room B. In-person attendance will be limited to board/committee members and staff only through December 31st. Attendance is limited to 6 people in order to allow for social distancing. Public attendance will continue to be through Zoom webinar through December 31st. In-person attendees will not be required to wear masks but may choose to do so in accordance with our mask advisory; rooms are equipped with air purifiers and are cleaned between meetings Committee members and/or staff can opt to participate remotely instead of in- person. Most Committees opted to remain virtual during the June to October timeframe. Some Committees that were meeting hybrid such as Select Board and Brewster School Committee switched back to virtual in September. The committees who are currently meeting in the hybrid format are: Board of Health, Recreation Commission and Recycle Commission. We have been able to effectively manage the committee schedule over the last 5 months. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Meeting Schedule & Format for Town Committees DATE: September 13, 2021 We are recommending the approach to Town board and committee meetings that the Board adopted in June continue through October: In-person/hybrid meetings will be held in Room A. We are still working with our vendor to get a second hybrid option installed in Room B. In-person attendance will be limited to board/committee members and staff only through October. Attendance is limited to 6 people in order to allow for social distancing. Public attendance will continue to be through Zoom webinar through October In-person attendees will not be required to wear masks but may choose to do so in accordance with our recent mask advisory; rooms are equipped with air purifiers and are cleaned between meetings Committee members and/or staff can opt to participate remotely instead of in- person. Most Committees opted to remain virtual during the June to September timeframe. The committees who opted for the hybrid meeting format are: Select Board, Brewster School Committee, Board of Health and Recycle Commission. Select Board and School Committee recently went back to the virtual format. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Peter Lombardi, Town Administrator FROM: Donna J. Kalinick, Assistant Town Administrator for Community Development & Finance RE: Committee Meetings, July-September 2021 In May, the Town working with BGTV, installed a ZOOM hybrid option in Room A, anticipating a future need to hold hybrid meetings in the near term. Since then, the State has lifted regulations and will end the State of Emergency as of June 15th, suspending provisions that allow for remote meeting participation. We know now that the State is working on a legislative fix through September 1st. Based on our discussion with JP Ludwig and Suzanne Bryan, BGTV, the following recommendations are made for committee meetings and scheduling for the months of July, August and September. At this time, we can hold one Zoom hybrid in-person meeting and one Zoom fully remote meeting. We will work to install a second hybrid option in Room B to be completed by the end of August. At this time, demand for these installations and services is very high. No public attendance of meetings will occur until at least October. The following Committees will meet in Room A and have the Zoom hybrid in-person meeting: Select Board, Conservation Commission, Planning Board, Board of Health, Affordable Housing Trust, Brewster School Committee, Natural Resources Advisory, Vision Planning, CPC, Golf Commission and Recreation Commission Due to scheduling conflicts, the following Committees will meet remotely: ZBA, HDC, Housing Partnership, Cultural Council, Assessors, OKHD **Finance Committee will have the option to meet the 1st and 3rd Wednesdays at 4pm or they can meet remotely at 6pm Office of: Select Board Town Administrator The following committees who meet during the day have the option to go hybrid or remain remote. Due to scheduling, this decision must be made up front for all three months: Bikeways, Water Commissioners, WQRC, Cemetery Commission, COA Board, Energy Committee, Drummer Boy Park Advisory Committee, Historical Commission, Recycle Commission Due to the complexity of scheduling, making the rooms safe and ensuring continued social distancing, the following guidelines will apply: 1-All in person hybrid meetings must end ½ hour prior to the next scheduled meeting to allow for cleaning in-between 2-In person hybrid meetings will be limited to 6 total people. Committees and their support town staff will have to determine how that will function for them. 3-Committees may not change their date or time without first talking to administration who will coordinate changes with BGTV and the Town Clerk’s office Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Upcoming Meeting Schedule & Format for Town Committees DATE: June 4, 2021 In light of changing state protocols, pending legislation, and currently available technology, we are recommending the following approach to Town board and committee meetings starting next month: In-person/hybrid meetings can be held in Room A only in July and August In-person/hybrid meetings are anticipated to begin in Room B as well starting in September In-person attendance will be limited to board/committee members and staff only through September Public attendance will continue to be through Zoom webinar through September In-person attendees will not be required to wear masks but may choose to do so; we do not currently plan on installing partitions between attendees; rooms are equipped with air purifiers and will be cleaned between meetings Committee members and/or staff can opt to participate remotely instead of in- person; we anticipate that state legislation will waive in-person quorum requirements Initial limit of six (6) individuals attending in-person in Room A, subject to change Limits on in-person attendance in Room B (once available) will be based on circumstances at that time Due to scheduling conflicts, some committees may not be able to meet in-person until September Please see attached memo from Donna Kalinick for more details. I want to express my appreciation to all of the volunteers who serve on our boards and committees for their patience and flexibility over the past 15 months. We are hopeful that by early this fall the state will have determined their policy position and adopted related legislation so that we can develop a long-term plan for our boards and committee in a way that maximizes the benefits of both remote and in-person participation. Office of: Select Board Town Administrator May 28, 2021 Brewster Conservation Commission 2198 Main St Brewster, MA 02631 Re: Continuation of Remote Meetings Dear Commission Members: The intent of this letter is to inform you that Coastal Engineering Co., Inc. (CEC) is in favor of, and supports the continuation of remote Conservation hearings, despite the end of the COVID-19 restrictions. Over the course of the past year, we at CEC have found that participating in remote hearings has been extremely beneficial, not only for travel time savings, but also for consultants, clients and abutters who may not have the opportunity to appear in-person. We at CEC hope that you and the other members of the Commission approve the continuation of remote meetings indefinitely. Thank you for your time and consideration. Respectfully, COASTAL ENGINEERING CO., INC. Carla A. Davis cc: Noelle Aguiar, Conservation Administrator Archive d: Friday, June 4, 2021 2:28:13 PM From: McCarthy-Licorish, Lisa N (DPH) Se nt: Tue, 25 May 2021 12:18:36 To: McCarthy-Licorish, Lisa N (DPH) Subje ct: Governor Baker Files Legislation to Extend Certain CO VID-19 Emergency Measures Se ns itivity: Normal Pre ss Release : https://www.mass.gov/news/governor-bake r-files-l e gislation-to-e xte nd-certai n-covi d-19-emergency-measures FOR IMMEDIATE RELEAS E: \u8203 ?May 25, 2021 CONTACT Governor's Pres s Office\u8203 ? gov.press @mas s .gov Governor Bake r File s Legislation to Extend Certain COVID-19 Emergency Measures\u8203 ? BOSTON — Today, Governor C harlie Baker will file legis lation to extend certain emergency meas ures currently in place via executive orders that are set to expire on June 15 when the State of Emergency will be res cinded. Mos t res trictions, including limitations placed on bus ines s es , will be res cinded effective May 29 as Mas sachusetts nears the g oal of vaccinating four million res idents. This legis lation propos es to extend meas ures providing for a temporary s uspens ion of certain open meeting law requirements , s pecial permits for expanded outs ide dining at restaurants, and billing protections for COVID-19 patients . When the State of Emergency ends , thes e orders will expire, and temporarily extending these meas ures will allow for time to trans ition. Extending thes e meas ures , which were instituted by executive order, requires leg is lation. To allow public bodies to s afely meet during the pandemic and ensure public acces s to meetings, Governor Baker is s ued an Executive Order in March 2020 allowing thes e bodies to meet quorum requirements even if meetings were held remotely through electronic means as long as meas ures were taken to ens ure the public with electronic access to the proceedings . The bill filed by Governor Baker today will extend thes e provisions related to the C ommonwealth’s Open Meeting Law until September 1, 2021, which will allow additional time to cons ider pos s ible permanent changes to the open meeting law to provide for g reater flexibility in conducting open meetings through reliance on electronic s treaming and s imilar meas ures . The bill will als o grant municipalities authority to extend s pecial permits for res taurants offering outdoor dining is s ued under the State of Emergency through November 29, 2021. Under an Executive Order is s ued in 2020, municipalities were permitted to use an expedited proces s to approve temporary permits for new or expanded outdoor dining and alcohol s ervice. Without a legis lative extension, s pecial permits granted under the Governor’s Order will expire 60 days after the end of the State of Emergency. The legislation will als o extend a protection adopted in an executive order that prohibits medical providers from billing patients who have received COVID-related emergency and inpatient s ervices for charges in exces s of costs paid by their ins urers . As filed, the protection would extend until January 1, 2022, at which time recently pass ed federal legis lation that included protections for both emergency and non- emergency cas es will become effective. Earlier this year, Governor Baker s ig ned legislation es tablis hing s urpris e billing protections for patients for non-emergency services. “Mass achus etts is leading the nation in the vaccination effort and that prog res s is enabling the Commonwealth to return to normal,” said Governor Charlie Baker. “Thes e temporary meas ures will help bus ines s es and residents in this trans ition period, and I look forward to working on thes e and other is sues in the week ahead with our partners in the Leg is lature.” Las t week, Governor Baker announced that on May 29, all indus tries will be permitted to open. With the exception of remaining face-covering requirements for masks in public and private trans portation s ys tems , hos pitals and other facilities housing vulnerable populations , all indus try res trictions will be lifted at that time, and capacity will increase to 100% for all indus tries . The gathering limit will be res cinded. Before June 15, the adminis tration plans to take additional s teps that will permit the continuation of targeted public health meas ures beyond the end of the State of Emergency, including the mas k requirements announced las t week. ### Town of Brewster Dog Park Regulations ABOUT THE BREWSTER DOG PARK  This park is intended for dog owners and dogs to exercise and socialize off-leash in a safe, enclosed environment.  Please abide by these rules and comply with park steward instructions for a safe and healthy visit. GENERAL Park hours: Dawn to dusk daily (except during DPW park maintenance) Small dog area: For dogs weighing less than 30 pounds Large dog area: For dogs weighing 30 pounds or more Dog handlers in enclosure: At least 15 years of age Youth between 6 & 14 years: Must be accompanied by an adult Mobility assistance devices: Permitted in park/enclosure Gates: Keep gates closed except when entering or exiting, and avoid congregating near gates FOR SAFETY, DOGS MUST:  Be licensed; ID & current rabies tag must be displayed on collar or harness at all times in dog park  Be leashed outside the gate & in parking area, then unleashed once in enclosure  Be within handler’s view & under voice control at all times  Be healthy & free of contagious diseases/parasites DOG OWNERS/HANDLERS MAY:  Use dog toys unless it causes disruptive behavior  Provide training treats in enclosure but not dog food OWNERS/HANDLERS MUST:  Clean up after dogs immediately & dispose of dog waste properly  Remain inside enclosure with their dog(s)  Immediately remove a dog–without debate–at first sign of aggressive behavior toward other dogs/people, if excessively barking, or if mounting other dogs  Keep possession of a leash for each dog NOT ALLOWED IN PARK/ENCLOSURE:  Children under 6 years  Dogs under 4 months  Animals other than dogs  Retractable leashes  Prong, pinch, spiked, or choke collars  Dogs in heat  Smoking or using e-cigarettes  Dog grooming  Digging holes (please fill holes in)  More than 3 dogs per handler  Food, glass/breakable containers, alcohol & children’s toys  Bicycles, scooters, strollers, skateboards & similar LEGAL NOTICES IN EVENT OF EMERGENCY: Call 911. IN EVENT OF INJURIES, BITES, INCIDENTS OR DISRUPTIVE CONDUCT BY DOGS OR PEOPLE: Call Brewster Police (508) 896-7011. PARK USE: This park is provided for recreational use only, in accordance with MGL Ch. 21, Sec. 17C. No other use is allowed. LIABILITY: The Town of Brewster, its staff, officers, officials, employees, and volunteers are not responsible for personal injury to people or animals using this park. Users do so at their own risk and are solely responsible for injuries and/or damage caused by their actions and their animals, or to their person or their animals by other users/animals. DANGEROUS DOGS: Dogs determined to be dangerous under MGL Ch. 140, Sec. 157 are not permitted in park. VIOLATIONS: Park rules violators are subject to eviction, fines, and/or exclusion from this park. The Town may ban individual dogs or people from the park at any time for any reason. COMMERCIAL ACTIVITIES/SOLICITATION: Not allowed without Town Administrator’s prior permission. Per order Brewster Select Board DRAFT Mar. 9, 2022 Final Proposed Brewster Dog Park Regulations Sign (Mar. 9, 2022) Please Don’t Open This Gate Unless Other Gates are Closed IN EVENT OF EMERGENCY: Call 911 IN EVENT OF INJURIES, BITES, INCIDENTS OR DISRUPTIVE CONDUCT BY DOGS OR PEOPLE: Call Brewster Police (508) 896-7011 PARK USE: This park is provided for recreational use only, in accordance with MGL Chapter 21, Section 17C. No other use is allowed. LIABILITY: The Town of Brewster, its staff, officers, officials, employees, and volunteers are not responsible for personal injury to people or animals using this park. Users do so at their own risk and are solely responsible for injuries and/or damage caused by their actions and their animals, or to their person or their animals by other users/animals. DANGEROUS DOGS: Dogs determined to be dangerous under MGL Chapter 140, Section 157 not permitted in park. VIOLATIONS: Park rules violators are subject to eviction, fines, and/or exclusion from this park. Town may ban individual dogs or people from park. COMMERCIAL ACTIVITIES/SOLICITATION: Requires Town Administrator’s prior permission. Per Order of Brewster Select Board GENERAL Park hours: Dawn to dusk daily (except during DPW park maintenance) Small Dog Area: For dogs weighing less than 30 pounds Large Dog Area: For dogs weighing 30 pounds or more Dog handlers in enclosure: Must be at least 15 years of age Youth from 6 to 14 years: Must be accompanied by an adult in Large & Small Dog Areas Mobility assistance devices: Permitted in all park areas Park stewards: Assist with safe park operations – please follow their instructions FOR SAFETY, DOGS MUST:  Be licensed; ID & current rabies tag must be displayed on collar or harness at all times in dog park  Be leashed in parking area, then unleashed in lobby before entering Large or Small Dog Areas  Be within handler’s view & under voice control at all times  Be healthy & free of contagious diseases/parasites OWNERS/HANDLERS MAY:  Use dog toys unless it causes disruptive behavior  Provide training treats in Large/Small Dog Areas but not dog food OWNERS/HANDLERS MUST:  Clean up after dogs immediately & dispose of dog waste properly  Remain inside enclosure with their dog(s)  Keep possession of a leash for each dog  Keep gates closed except when entering or exiting, and avoid congregating near gates  Immediately remove a dog – without debate – at first sign of aggressive behavior toward other dogs/people, if excessively barking, or if mounting other dogs  BREWSTER DOG PARK REGULATIONS  Children under 6 years  Dogs under 4 months  Animals other than dogs  Retractable leashes  Prong, pinch, spiked, or choke collars  Dogs in heat NOT ALLOWED IN PARK ENCLOSURES  Smoking or using e-cigarettes  Dog grooming  Digging holes (please fill holes in)  More than 3 dogs per handler  Food, glass/breakable containers, alcohol & children’s toys  Bicycles, scooters, strollers, skateboards & similar Brewster Select Board Meeting of March 14, 2022 For Your Information (FYI) Items Agenda Item #20: FYIs 1.February 2022 Housing Coordinator Update 2.Massachusetts Department of Transportation Chapter 90 local transportation aid funding for Fiscal Year 2023 3.CVEC Net Metering Credit & Billing Statement (December 8- January 6, 2022) 4.Brewster Conservation Trust Representatives to the Sea Camps Planning Committees 5.MA Department of Transportation Proposed Pedestrian Crossings 6.OpenCape, Falmouth EDIC and Falmouth Chamber of Commerce Announcement Brewster Housing Coordinator Update February 2022 Jill Scalise Ongoing Activities/ Projects 1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #13) Responded to email and phone requests for information and assistance, 50 total requests for housing information (32) or assistance (18). Office hours held on Thursdays from 10-12. Updated Housing Office webpage. Wrote Housing Summary Update paper for Vision Planning Committee & Annual Report. 2.Brewster Affordable Housing Trust (BAHT) (HPP Strategy #7) The Trust continued to review the housing proposal, see #3. The Trust also received an extension from the Community Preservation Committee (CPC) of the 2018 $100,000 CPA grant to December 31, 2023. 3.Community Housing Parcel off Millstone (Select Board Strategic Plan Goal H-3, HPP Strategy #15) At the BAHT Meeting, Preservation of Affordable Housing & Housing Assistance Corporation presented their proposal to build a compact neighborhood of 45 rental units on the property. LDS Consulting Group provided a Pro-forma review. Town Administrator Lombardi is the Procurement Officer for this proposal. 4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #6) Serenity at Brewster (55+ rental housing, 27 affordable units): Phase 2, 91units, expected to open in 2022. DHCD provided comments on the Regulatory Agreement overseeing the 27 affordable apartments. 5. Comprehensive Permit Projects (HPP Strategy #14) Brewster Woods (30 affordable rental units): Construction continues, expect lottery in summer 2022. Habitat for Humanity Red Top Road (2 affordable home ownership): Received draft Regulatory Agreement. 6.Preservation of Housing and Related Support of Brewster Residents Assisted residents with CDBG housing rehabilitation and Covid-19 Fund applications. 7.Subsidized Housing Inventory (SHI) (HPP Strategy #10)  Ongoing follow-up with SHI homes. Met with legal counsel and Asst. Town Administrator Kalinick about 2 properties. DHCD scheduled a meeting in March regarding the affordable resale of 11 Sean Circle. 8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) At Housing Partnership Meeting, Barrett Planning led the initial kickoff for the Housing Production Plan. Worked with Partnership on survey, had staff meeting with Barrett Planning, and provided materials. Robust outreach done to introduce HPP process, including presenting at meetings, and for small group interviews. 9. Collaboration (HPP Strategy #9) Assisted with request to Cape Cod Commission for updated regional market analysis. Participated in Making the Case for Housing Call, HOME Consortium, Homeless Prevention Council & Community Development Partnership meetings and Pond Parcel site visit. New Projects/Upcoming Activities 1.Housing Rehabilitation & Childcare Funds: Brewster, as the lead community, was awarded a $1.3 million-dollar FY21 regional Community Development Block Grant (CDBG) for Housing Rehabilitation & Childcare. This is the second consecutive year of regional funding and continues the current program assisting low-to-moderate income households making up to 80% of Area Median income. 2.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) Barrett Planning Group, LLC will be conducting a housing survey in March and a Community Meeting with initial needs assessment information is expected in late April. Personnel Participated in Housing Trust, Housing Partnership, CPC, Conservation Commission and Planning Board meetings. Also worked with: Building Dept., Council on Aging, Health Dept., Project Manager, Select Board, Town Administration, and Vision Planning Committee. Attended The People’s Law Firm Outreach Day, Housing Navigator, and Preventing Discrimination & Harassment in the Workplace trainings. PLEASE NOTE ***Drivers who are traveling through the affected areas should expect delays, reduce speed, and use caution. All scheduled work is weather dependent and/or may be impacted due to an emergency situation. For additional traveler information, please visit MassDOT’s Travel Information Service at mass511.com REVISED: 08/17/2021 District 5 Municipality Work Notification Form MassDOT will be conducting work in your community in the near future. The following project information is being forwarded for distribution to appropriate Municipal Departments. For questions, please contact the District 5 Construction Office at 857-368-5104. Resident Engineer cell phone numbers are for the use of Municipal Officials only, and should not be distributed to the general public. Please direct all public questions and complaints to the District 5 Construction Office. Project Location (City/Town): Rte. 6A between Sea Pines Dr. & Bittersweet Dr., Brewster, MA Estimated Start Date of Work: March 21, 2022 Project Type: Maintenance Resident Engineer: Roderick Jackson 774-286-6411 Description of Work: Proposed Pedestrian Crossing Contractor: PG Construction Hours of Operation (Day/Night): 7:00 AM to 3:30 PM, Mon. to Fri. Description of Traffic Management: As Per Section 850. Of the Standard Specifications, the M.U.T.C.D., as well as the Standard Travel Control Plans will be employed to regulate the occasional single lane closure as needed. Estimated Duration of Work: 3 days Additional Information: See attached PROJECT ENDPROJECTLOCATIONPROJECT BEGINLENGTH OF PROJECT = 530 FEET = 0.100 MILES500SCALE: 1" = 500'0100015002000MASSACHUSETTS DEPARTMENT OF TRANSPORTATIONHIGHWAY DIVISIONIN THE TOWN OFBREWSTERBARNSTABLE COUNTY2021-SID-0013BETWEEN SEA PINES DR AND BITTERSWEET DR (ROUTE 6A)PROPOSED PEDESTRIAN CROSSING6A6ASea Pines DrMain S tTaylor LnBittersweet DrTole Thorpe RdMain StThad Ellis Rd BITTERSWEET DRSEA PINES DRTAYLOR LNMAIN STREET - ROUTE 6A *HORIZONTAL AND VERTICAL INFORMATION IS BASED ON ASSUMPTIONS. FIELD SURVEY WAS NOT OBTAINED FOR THE PROPOSED DESIGN AND SHOULD BE VERIFIED PRIOR TO THE START OF WORK. SCALE: 1"=20'AUGUST 2021 2021-SID-0013BREWSTER, MA ROUTE 6A BETWEEN SEA PINES DR AND BITTERSWEET DR PROPOSED PEDESTRIAN CROSSING CONSTRUCTION PLAN N NOTES: 1.ALL WATER VALVES SHALL BE ADJUSTED AS NEEDED. PROP VGC - TYPE VB (TYP) A B C D PROP VGC - TYPE VB (TYP) PROP VGC - TYPE VB (TYP) WCR WCR WCR WCR PROP. TRANSITION CURB PROP. TRANSITION CURB MEET EXISTING WALKWAY PROP. HMA SIDEWALK TRANSITION PROP. HMA SIDEWALK TRANSITION PROP. HMA SIDEWALK TRANSITION 7'8" 7'8" 6'6" 6'6" 9'0"12'HYDRANT SEA PINES DRTAYLOR LNMAIN STREET - ROUTE 6A PROJECT BEGIN STA 258+08.54 N2698894.0483 E959685.5216 *HORIZONTAL AND VERTICAL INFORMATION IS BASED ON ASSUMPTIONS. FIELD SURVEY WAS NOT OBTAINED FOR THE PROPOSED DESIGN AND SHOULD BE VERIFIED PRIOR TO THE START OF WORK. SCALE: 1"=20'AUGUST 2021 2021-SID-0013BREWSTER, MA ROUTE 6A BETWEEN SEA PINES DR AND BITTERSWEET DR PROPOSED PEDESTRIAN CROSSING TRAFFIC SIGN AND PAVEMENT MARKINGS - 1 OF 2 N CONTINUED ONSHEET NO. 4PROP. W11-2 & W16-7P PROP. W11-2 & W16-9 R&R PROJECT END STA 260+46.95 N2698995.8059 E959901.2879 *HORIZONTAL AND VERTICAL INFORMATION IS BASED ON ASSUMPTIONS. FIELD SURVEY WAS NOT OBTAINED FOR THE PROPOSED DESIGN AND SHOULD BE VERIFIED PRIOR TO THE START OF WORK. SCALE: 1"=20'AUGUST 2021 2021-SID-0013BREWSTER, MA ROUTE 6A BETWEEN SEA PINES DR AND BITTERSWEET DR PROPOSED PEDESTRIAN CROSSING TRAFFIC SIGN AND PAVEMENT MARKINGS - 2 OF 2 N PROP. W11-2 & W16-7P R&R PROP. W11-2 & W16-9 BITTERSWEET DRSEA PINES DRTAYLOR LNMAIN STREET - ROUTE 6A PROJECT END STA 260+46.95 N2698995.8059 E959901.2879 PROJECT BEGIN STA 258+08.54 N2698894.0483 E959685.5216 *HORIZONTAL AND VERTICAL INFORMATION IS BASED ON ASSUMPTIONS. FIELD SURVEY WAS NOT OBTAINED FOR THE PROPOSED DESIGN AND SHOULD BE VERIFIED PRIOR TO THE START OF WORK. SCALE: NOT TO SCALE AUGUST 2021 2021-SID-0013BREWSTER, MA ROUTE 6A BETWEEN SEA PINES DR AND BITTERSWEET DR PROPOSED PEDESTRIAN CROSSING TRAFFIC SIGN SUMMARY TRAFFIC SIGN SUMMARY ID # SIZE OF SIGN TEXT DIMENSIONS (INCHES) NUMBER OF SIGNS REQUIRED COLOR POST SIZE AND NUMBER REQUIRED UNIT AREA (S.F.) TOTAL AREA (S.F.) WIDTH HEIGHT LETTER HEIGHT VERTICAL SPACING ARROW RTE. MKR BACK- GROUND LEGEND BORDER W11-2 30"30"***4 ***#6.25 25 W16-7PL 24"12"***2 ***#2 4 W16-9 24"12"***2 ***#2 4 NOTES: 1.LOAM AND SEED DISTURBED AREAS AS REQUIRED BY THE ENGINEER. 2.PROVIDE 3FT LATERAL CLEARANCE AT ALL PROPOSED SIGN LOCATIONS WITHIN THE PEDESTRIAN PATH OF TRAVEL. *SEE MUTCD 2009 EDITION, 2004/2012 STD. HWY. SIGNS AND SECTION M9.30.0 TYPE III OF THE MASSDOT STANDARD SPECIFICATION FOR TEXT DIMENSIONS AND COLOR. #REFERENCE THE 2020 MASSDOT STANDARD SPECIFICATIONS FOR POST SIZE AND NUMBER REQUIRED. WHEELCHAIR RAMP ON NARROW SIDEWALK WITH DETECTABLE WARNING PANEL (E107.2.1) NOT TO SCALE 7.5%* EDGE OF ROADWAY GRANITE CURB W MIN. HIGH SIDE TRANSITION LOW SIDE TRANSITION HSL 6'-6" 6" CURB REVEAL (TYP.) A LIMITS OF CEMENT CONCR E T E R A M P 1.5%*7.5%* 5'-0" Wc AROADWAY DOWNGRADE = HIGH SIDE TRANSITION LENGTH = SIDEWALK WIDTH = CURB WIDTH = TOLERANCE FOR CONSTRUCTION ±0.5%* Wc W (SEE E 107.9.0) HSL LEGEND FOUNDATION SIDEWALK W = SIDEWALK WIDTH CC=4" 8" 1.5%* ROADWAY SECTION A-A DETECTABLE WARNING PANEL USABLE SIDEWALK WIDTH PER AAB IS NOT TO BE LESS THAN 4'0" SEE E 107.6.5 FOR DETAILS OF DETECTABLE WARNING PANEL USABLE SIDEWALK WIDTH PER AAB = W-Wc 2' = CEMENT CONCRETECC 7.5%* 7.5%*1.5%*VARIES 12' MIN 2' 3' CROSSWALK DETAIL NOT TO SCALE 1' 12" SWL 12" SWL *HORIZONTAL AND VERTICAL INFORMATION IS BASED ON ASSUMPTIONS. FIELD SURVEY WAS NOT OBTAINED FOR THE PROPOSED DESIGN AND SHOULD BE VERIFIED PRIOR TO THE START OF WORK. SCALE: NOT TO SCALE AUGUST 2021 2021-SID-0013BREWSTER, MA ROUTE 6A BETWEEN SEA PINES DR AND BITTERSWEET DR PROPOSED PEDESTRIAN CROSSING CONSTRUCTION DETAILS NOTES: 1.LOAM AND SEED DISTURBED AREAS AS REQUIRED BY THE ENGINEER. 2.HMA SIDEWALK RECONSTRUCTION SHALL PROVIDE ADA COMPLIANT SLOPE AND NOT EXCEED 4.5%* IN THE LONGITUDINAL DIRECTION OF TRAVEL OR 1.5%* CROSS SLOPES. 3.6.5FT (SOUTHERLY SIDE) AND 7.75FT (NORTHERLY SIDE) HMA WALK SURFACE TO TRANSITION TO EXISTING SIDEWALK *= TOLERANCE FOR CONSTRUCTION ±0.5% WHEELCHAIR RAMP & DRIVEWAY TRANSITION DATA TABLE ID # REFERENCE POINT WIDTH OF SIDEWALK ROADWAY GUTTER SLOPE TRANSITION LENGTH CONSTRUCTION STANDARD DETAILSTATIONOFFSETLEFT SIDE RIGHT SIDE WCR-A 258+28.21±9.00±' RT 5.4'±1.4%±9' - 0" --E 107.2.1 WCR-B 259+16.49±11.00±' RT 5.5'±1.4%±--9' - 0"E 107.2.1 WCR-C 259+32.03±19.17±' RT 5.5'±0.7%±6'-6''7'-8''E 107.2.1 WCR-D 259+32.03±19.17±' RT 5.5'±0.7%±7'-8''6'-6''E 107.2.1 For Immediate Release: MEDIA ALERT OpenCape, Falmouth EDIC, and Falmouth Chamber of Commerce to Make Major Announcement about Internet Rates for Falmouth Main Street Customers WHAT: Despite record inflation, substantial rate reduction to be announced for OpenCape’s Falmouth Main Street Customers. Join us for an update on the broadband landscape in our region. WHO: Steve Johnston, CEO & Executive Director: OpenCape Corporation Wayne Lingafelter, Executive Director: Falmouth EDIC Michael Kasparian, CEO/President: Falmouth Chamber of Commerce WHY: While high-speed internet is critical infrastructure, service in Southeastern Massachusetts is unaffordable and cost continues to be a barrier for many residents and businesses, particularly given inflation. WHO SHOULD ATTEND: Local media, Cape Cod Chamber of Commerce Directors, Town Managers, IT Directors, Falmouth Main Street business owners. WHEN: Wednesday March 16 at 11am WHERE: Falmouth Chamber of Commerce 20 Academy Lane, Falmouth MA 02540 MEDIA CONTACT: Barb Howell: barb@opencape.org – 508.362.2224