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LEGISLATIVE YEAR 2021

RESOLUTION: R-21-110

PURPOSE: Authorizing the Mayor to enter into a First Amendment to
Concession Agreement with Granite Diamond, LLC.

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Finance Committee

FISCAL NOTE: This First Amendment to Concession Agreement will generate

a maximum of $28,000 in game fees for the use of Holman
Stadium per baseball season. The City will also receive 40% of
net profits of concession sales from City non-league games and
sponsored events. Having this Concession Agreement does
require an increased cost for utilities, grounds maintenance
and overtime.

ANALYSIS

This resolution authorizes the Mayor to enter into a First Amendment to Concession Agreement
with Granite Diamond, LLC. This First Amendment extends the Concession Agreement for an
additional year, through December 31, 2021, continuing all the other terms of the Concession
Agreement.

Approved as to form: Office of Corporation Counsel

By: Mpunke, Aude
Date: VD (FoAnalO Foe

FIRST AMENDMENT TO CONCESSION AGREEMENT

This First Amendment to the Concession Agreement (hereinafter “Agreement”), dated as
of the latter of the signatures below, is by and between the City of Nashua, a municipality
incorporated in the State of New Hampshire, having a mailing address of 229 Main Street,
Nashua, County of Hillsborough, New Hampshire 03061 (hereinafter “City”) and Granite
Diamond, LLC, a New Hampshire limited liability company with an address of 67 Amherst
Street, Nashua, County of Hillsborough, New Hampshire 03064 (hereinafter “Franchisor’’).

WHEREAS, the City and Franchisor entered into a Concession Agreement dated May 14,
2019, whereby the City granted to the Franchisor certain rights in regard to the City’s Holman
Stadium facilities (hereinafter “Premises’’);

WHEREAS, the Term of the Concession Agreement was for 2 years, beginning January
1, 2019 and ending December 31, 2020;

WHEREAS, the Concession Agreement also provides for up to 5 additional one-year
options to extend the agreement pursuant to terms to be agreed upon; and

WHEREAS, the Parties with to extend the Concession Agreement to cover the first
additional option year.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, the City and Franchisor agree as

follows:

1, IV. TERM.
The term of the Concession Agreement shall be extended from December 31,
2020 to December 31, 2021.

2. OTHER TERMS AND CONDITIONS REMAIN.
In the event of any inconsistencies in the Concession Agreement and this First
Amendment, the terms of this Amendment shall control. Except as expressly set
forth in this First Amendment, the Concession Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Concession
Agreement to itself shall be deemed also to refer to this First Amendment.

3. CAPITALIZED TERMS.
All capitalized terms used but not defined herein shall have the same meaning as
defined in the Concession Agreement.

IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this First Amendment on the date set forth below.

CITY OF NASHUA

Date: , 2021 By:
James W. Donchess, Mayor
DULY AUTHORIZED

GRANITE DIAMOND, LLC

Date: , 2021 By:
John W.S. Creedon, Jr., President and LLC Manager
DULY AUTHORIZED

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named, James W.
Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing

instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named,
John W.5. Creedon, Jr., President and LLC Manager of Granite Diamond, LLC, known to me (or
satisfactorily proven) to be the person whose name is subscribed herein and acknowledged that
he/she executed the foregoing instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

R-21-111

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AMENDMENT TO
THE AGREEMENT WITH FUEL MEDIA HOLDINGS FOR ADVERTISING
SERVICES

CITY OF NASHUA

In the Year Two Thousand and Twenty- One

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a second amendment to the current agreement for advertising services, substantially

in the attached form, with Fuel Media Holdings.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-111

PURPOSE: Authorizing the City of Nashua to enter into an amendment to
the agreement with Fuel Media Holdings for advertising
services.

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Réview Committee

FISCAL NOTE: Agreement provides for payments to the City

ANALYSIS

This resolution authorizes the City of Nashua to enter into a second amendment to the agreement
with Fuel Media Holdings for the placement and maintenance of advertising materials on the
exterior and interior of NTS vehicles, bike racks, bus shelters and at the Nashua Transit Center.
This a revenue contract for the City, which revenue is being reduced by the amendment.

The contract needs to be amended (reduced) due to the unprecedented economic impacts of
COVID. The current Fuel contract requires 65% of the revenue from all advertising contracts
Fuel sells to be paid to the City, with a guaranteed minimum of $120 k for FY21 (Year 2”).
The amendment removes the guaranteed minimum for Year 2 of the contract due to the negative
impacts of COVID on the advertising industry. Advertisement revenue is significantly down
nationally, regionally and in Nashua.

Approved as to form: Office of Corporation Counsel

By: /s/ Celia K. Leonard

Date: January 21, 2021

SECOND AMENDMENT
TO TRANSIT ADVERTISEMENT PROGRAM MANAGEMENT
AGREEMENT

This SECOND AMENDMENT is made as of February , 2021 by and between the City
of Nashua, New Hampshire with an address of 229 Main Street, Nashua, New Hampshire
(“City”) and Fuel Media Holdings, located at 101 Marketside Ave., Suite 404-177, Ponte
Vedra, FL 32081 (“Contractor”).

WHEREAS, the City and Contractor entered into a Transit Advertisement Program Management
Agreement approved by the Board of Aldermen by R-19-192 on December 23, 2019, for the
placement and maintenance of advertising materials on the exterior and interior of Nashua
Transit Services vehicles, bike racks, bus shelters and at the Nashua Transit Center, and said
agreement was amended by the “Amendment to Memorandum of Understanding By and
Between City of Nashua, NH and Fuel Media Holdings” (as amended, the “Agreement’’);

WHEREAS, Section 5 C of the Agreement states that the “Contractor agrees to pay the City as
follows: A sum equal to (65%) of the next space billings with Minimum Guaranteed Pay ments,
whichever is higher, will be paid as shown below:

Year 1 — 2020 $90,000
Year 2 — 2021 $120,000
Year 3 — 2022 $120,000;”

WHEREAS, Section 7 P of the Agreement allows for amendment by written amendment
executed by City and Contractor; and

WHEREAS, COVID has negatively impacted the advertising market nationally, regionally and
in Nashua.

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby
mutually agree as follows:

1. That Section 5 C of the Agreement shall be amended by deleting the struck through
language and inserting the underlined language as follows,

Contractor agrees to pay the City as follows: A sum equal to (65%) of the next space billings
with Minimum Guaranteed Payments, whichever is higher, will be paid as shown below:

Year 1 — 2020 $96,000
Year? 2021 $190.9006- no Minimum Guaranteed Payments for Year 2 - 2021
Year 3 — 2022 $120,000;”

2. All other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOEF, the parties hereto have, by their duly authorized representatives
placed their hands as of the date first above written.

City of Nashua Fuel Media Holdings

By: James W. Donchess, Mayor By:
Title:

R-21-112

RESOLUTION

RELATIVE TO AMENDING THE FY2020 HUD ANNUAL ACTION PLAN TO
ACCEPT ROUND 3 CDBG-CV FUNDING UNDER THE 2020 CARES ACT

CITY OF NASHUA

In the Year Two Thousand Twenty One
RESOLVED by the Board of Aldermen of the City of Nashua that

WHEREAS the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
included funding to be distributed pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306) to grantees that received allocations pursuant to that
same formula in federal fiscal year 2020;

WHEREAS the U.S. Department of Housing and Urban Development (HUD) was to
award Community Development Block Grant-Coronavirus (CDBG-CV) funds in three rounds to
prevent, prepare for, and respond to coronavirus;

WHEREAS R-20-029, passed by the Board of Aldermen on April 28, 2020, authorized
the City to accept Round One CDBG-CV funding in the amount of $390,913 and created the
COVID-19 Impact Fund Program;

WHEREAS HUD has awarded the City an additional $482,813 under Round Three
CDBG-CV funding, requiring the City to further substantially amend its FY2020 HUD Annual
Action Plan pursuant to HUD guidance; and

WHEREAS this substantial amendment will follow the CARES Act waiver provisions
related to virtual public hearings and reduced comment periods, to allow grantees to utilize
expedited procedures to prepare, propose, modify, or amend its statement of activities for grants
from amounts made available under CARES Act as well as funding under our FY2020 grant as
authorized under R-20-029.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the Round Three CDBG-CV CARES Act funding in the amount of $482,813 shall
be applied to the COVID-19 Impact Fund Program to assist in the stabilization of existing small
businesses within the City that have had significant disruption due to the impact of COVID-19,
consistent with the guidelines for said new Program; and

RESOLUTION R-21~112

BE IT FURTHER RESOLVED that the Mayor be, and hereby is, authorized to execute
all understandings, assurances and agreements as required therein.