Search

LEAVES OF ABSENCE

MILITARY LEAVES OF ABSENCE:

An employee who voluntarily or involuntarily enters into the Armed Forces is entitled to a leave of absence
for the anticipated length of enlistment. The employee upon discharge ts entitled to reinstatement to his or
her previous position or a position of like status. Employees called to serve in the National Guard or Armed
Forces Reserve are entitled to seventeen (17) consecutive days of paid leave of absence per Federal fiscal
year (October 1*' through September 30!). The employee will be required to submit verification of leave
orders as evidence of the amount of pay received. A decision was made to treat all reservists equally, and
any reservist called into active duty will be eligible for the following benefits:

A. Compensation Guidelines: The City will pay the difference of whatever military compensation is
paid to each reservist, provided it does not exceed 100% of one’s monthly employment
compensation, during all succeeding months up to five years that the employee may be on active
duty. This includes weekend training, annual training, and active duty. Compensation will be made
on a weekly basis.

B. Health & Dental Insurance Premiums: The City and the employee will continue to pay their
respective share of health and dental insurance premiums associated with their respective plans
up to five years, if employee chooses.

C. Seniority Rights: The employee will maintain seniority rights up to a maximum of five years.

D. NH Retirement System:

E. 1- lf amember leaves NHRS- covered employment to enter directly into the United States Armed
Forces and returns to NHRS- covered employment within one year following termination of active
military duty, a member may receive credit for up to three years at no cost.

F. 2- The City and the employee will continue to pay their respective share to the employee's
retirement plan if necessary.

G. Accrual of Vacation Leave: The employee will continue to accumulate all vacation and sick time
on a monthly basis as set forth by the CBA.

H. Reporting Back to Work/Discharges: Employees will be required to report back to work in
accordance with USERRA: Section 4312 (e). Anyone discharged under the provisions of
USERRA: Section 4304 will be disqualified from receiving all the above stated benefits.

|. Re-Employment Benefits: Employees will be entitled to re-employment benefits in accordance
with the provisions of USERRA: Section 4312 and 4313.

Agreed to:
Nashua Police Patrolman’s Association: Nashua Police Commission:

Date;

Date:

LEAVES OF ABSENCE

MILITARY LEAVES OF ABSENCE:

An employee who voluntarily or involuntarily enters into the Armed Forces is entitled to a leave of absence
for the anticipated length of enlistment. The employee upon discharge is entitled to reinstatement to his or
her previous position or a position of like status. Employees called to serve in the National Guard or Armed
Forces Reserve are entitled fo seventeen (17) consecutive days of paid leave of absence per Federal fiscal
year (October 1% through September 30) The employee will be required to submit verification of leave
orders as evidence of the amount of pay received. A decision was made to treat all reservists equally, and

"any reservist called into active duty will be eligible for the following benefits:

A. Compensation Guidelines: The City will pay the difference of whatever military compensation is
paid to each reservist, provided it does not exceed 100% of one’s monthly employment
compensation, during all succeeding months up to five years that the employee may be on active
duty. This includes weekend training, annual training, and active duty. Compensation will be made
on a weekly basis.

B. Health & Dental Insurance Premiums: The City and the employee will continue to pay their
respective share of health and dental insurance premiums associated with their respective plans
up to five years, if employee chooses.

C. Seniority Rights: The employee will maintain seniority rights up to a maximum oi five years.

D. NH Retirement System:

—. 1-lfamember leaves NHRS- covered employment to enter directly into the United States Armed
Forces and returns to NHRS- covered employment within one year following termination of active
military duty, a member may receive credit for up to three years at no cost.

F. 2- The City and the employee will continue to pay their respective share to the employee's
retirement plan if necessary.

G. Accrual of Vacation Leave: The employee will continue to accumulate all vacation and sick time
on a monthly basis as set forth by the CBA,

H. Reporting Back to Work/Discharges: Employees will be required to report back to work in
accordance with USERRA: Section 4312 (e}. Anyone discharged under the provisions of
USERRA: Section 4304 will be disqualified from receiving all ihe above stated benefits,

|. Re-Employment Benefits: Employees will be entitled to re-employment benefits in accordance
with the provisions of USERRA: Section 4312 and 4313.

Agreed to:
Nashua Police Supervisor’s Association: Nashua Police Commission:

Date:

Date:

R-21-116

RESOLUTION

ESTABLISHING AN EXPENDABLE TRUST FUND FOR APPROPRIATIONS FOR
THE BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA
31:19-a, the City of Nashua hereby establishes an expendable trust fund (“ETF”) for use by the
Business and Industry Development Authority (““BIDA”) in accordance with RSA Chapter 162-
A. The Mayor or the Economic Development Director, with input from BIDA, is appointed as
the agent to expend. Any balance remaining in this expendable trust fund at each fiscal year end
will not lapse or be closed out to the General Fund, but will remain in this expendable trust fund.

It is the intention of this board that after closing, $250,000 from the sale of land on
Bridge Street and Sanders Street (see R-19-148) will be appropriated into this ETF via a
supplemental appropriation resolution.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-116

PURPOSE: Establishing an expendable trust fund for appropriations for
the Business and Industrial Development Authority

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: Establishes a restricted fund to account for appropriations

designated for a specific purpose. Future appropriations to this
fund are through the annual budget process or supplemental
appropriations.

ANALYSIS

This resolution establishes a non-lapsing expendable trust fund for appropriations for the
Business and Industrial Development Authority. RSA 31:19-a,1 provides for an annual
accounting and report of the activities of the trust.

Approved as to account Financial Services Division

structure, numbers,

and amount: By: /s! John Griffin

Approved as to form: Office of Corporation Counsel
By: /si Celia K, Leonard

Date: February 3, 2021

R-21-117

RESOLUTION

AMENDMENT TO R-20-083 “AUTHORIZING THE ACQUISITION OF PROPERTY
AT 36 BUCKMEADOW ROAD, TAX MAP C, LOT 762, FOR A PURCHASE PRICE OF
$370,000”

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

WHEREAS, the Board of Aldermen passed R-20-083 “Authorizing the acquisition of
property at 36 Buckmeadow Road, Tax Map C, Lot 762, for a purchase price of $370,000”, on
November 12, 2020; and

WHEREAS, as the purchase and sale agreement approved by R-20-083 requires
amendment, the Board of Aldermen would like to amend resolution R-20-083 to approve the
amended purchase and sale.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the Mayor is authorized to purchase the property located at 36 Buckmeadow Road
(Tax Map C, Lot 762) for three hundred seventy thousand dollars ($370,000) pursuant to the
attached Purchase and Sale Agreement. The attached agreement is “red-lined” to illustrate the
changes from the agreement approved by R-20-83, however the version of the document to be
signed will not be “red-lined.”

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents related to the Purchase and Sale Agreement.

Funds for the purchase will come from Fund #5800 “School Capital Projects Fund”,
Project “New Middle School”, Account #81600 “Land”.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-117

PURPOSE: Amendment to R-20-083 “Authorizing the acquisition of
property at 36 Buckmeadow Road, Tax Map C, Lot 762 for a
purchase price of $370,000”

SPONSOR(S): Alderman Richard A. Dowd

COMMITTEE

ASSIGNMENT: Planning and Economic Development Committee

FISCAL NOTE: The fiscal impact of this legislation is the same as R-20-083 and

includes the cost of acquiring the property ($370,000).

ANALYSIS

This resolution authorizes the city to acquire the property at 36 Buckmeadow Road for the sum
of $370,000 on the terms and conditions of the attached purchase and sale agreement, which has
been amended from the previous approved version mainly to obviate the need for a subsequent
purchase and sale, and authorizes the Mayor to sign all needed documents to effectuate this
transaction. Funds for the purchase will come from Fund #5800 “School Capital Projects Fund”,
Project “New Middle School”, Account #81600 “Land”.

The Planning Board recommended passage of R-20-083 and as this amendment does not change
the parcel to be acquired by the City, further Planning Board recommendation pursuant to
Charter §77 is not required.

Approved as to form: Office of fw"
By: f gee

Date: 2/5 pss)

REAL ESTATE PURCHASE AND SALE AGREEMENT

THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made
and entered into on this day of , 2020, by and between Rachel M.
Tebbetts and James L. Tebbetts, having a mailing address of 37 Indian Rock Road, Nashua,
New Hampshire 03063, Joyce St. Pierre and Richard L. St. Pierre having a mailing address of
2559 E. Elmwood Street, Mesa, Arizona 85213 and Cynthia Landry widow of Roger G.
Landry (date of death being November 26, 2017, recorded in the Hillsborough County Registry
of Deeds at Book 9047 Page 0525), having a mailing address of 38 Buckmeadow Road, Nashua,
New Hampshire 03062 (collectively hereinafter referred to as “Seller”) and The City of
Nashua, a municipal corporation, having an address of 229 Main Street, Nashua, New
Hampshire 03060, (hereinafter referred to as the “Buyer”).

1, PURCHASE AND SALE. Seller agrees to sell and convey, and Buyer agrees to buy, on
the terms and conditions hereinafter set forth, a parcel of land with the buildings and
improvements thereon, located in Nashua, Hillsborough County, New Hampshire, known as or
described as Lot C-762 of the City of Nashua Tax Maps, having an address of 36 Buckmeadow
Road, Nashua, New Hampshire, being the property described in a deed recorded in the
Hillsborough County Registry of Deeds, Book 6283, Page 737 (the “Premises”).

2. PURCHASE PRICE. Subject to any adjustments and prorations hereinafter described,
Buyer agrees to pay for the Premises the sum of Three Hundred Seventy Thousand and 00/100
Dollars ($370,000.00) (the “Purchase Price”). The Purchase Price shall be payable as
immediately available wired funds at time of closing.

3. TITLE. Seller shall convey the Premises to the Buyer at the Closing in fee simple with
good, insurable, and marketable title by Warranty Deed, free and clear of all liens and
encumbrances. Buyer may, at its sole cost and expense, cause the title to the Premises to be
examined prior to closing. If upon examination of the title, Buyer or its representative finds that
the title to the Premises is not in accordance with the first sentence of this paragraph, then Buyer
may terminate this agreement upon written notice to Seller, and Buyer’s deposit, if any, shall be
refunded.

4, CLOSING. The closing shall occur on , 2020, or at such other place as
the parties may mutually agree.

5. INSPECTION AND DUE DILIGENCE PERIOD. Intentionally omitted.

6, POSSESSION OF THE PREMISES. The Premises shali be delivered to the Buyer at the
time of the closing free of all tenants, personal property, and encumbrances.

7. FINANCING. This Agreement is not contingent upon the Buyer obtaining financing.

8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as

of the Closing:

(a)

(b)

(c)

(d)

(e)
(f)

(g)

(h)

Q)

The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.

There are no unrecorded outstanding pending or threatened liens, claims, rights of
first refusal, licenses, or encumbrances against or affecting the Premises, which
have not been disclosed to Buyer in this Agreement.

There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of
the Premises, which have not been disclosed to Buyer in this Agreement.

Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.

There are no leases of any portion of the Premises.

Seller has no knowledge of any pending or threatened litigation that may
adversely affect the transfer of the Premises hereunder or materially affect the
value of the Premises.

Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any
such condemnation, requisition or taking has been received by the Seller and no
such condemnation, requisition or taking is threatened.

Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused
the same to be released into the environment or discharged, placed or disposed of
at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the
current activities of other unit owners. To the best of Seller’s knowledge, the
Premises complies in all material respects with all applicable federal and state
environmental laws and regulations. Seller has not received any written notice
from any governmental authority or any written complaint from any third party
with respect to its alleged non-compliance with, or potential liability under, any
environmental laws and regulations.

There are no rights of first refusal or options to purchase associated with the
Premises.

Seller has authority to enter into this Agreement and will provide necessary
authority documents at the Closing.

These representations shall survive the Closing.

Other than the representations contained above and the warranty of the proposed
Warranty Deed, Seller makes no representation or warranty as to fitness, merchantability,
condition or use of the Premises for any particular purpose as the Premises is sold “AS-IS”.

9, DEFAULT AND REMEDIES. In the event that Buyer defaults in the performance of its
obligations hereunder, Seller shall be entitled to retain the Deposit, if any, as reasonable
liquidated damages.

10. CONDITIONS SUBSEQUENT TO CLOSING. The parties hereby agree and
acknowledge that Buyer is purchasing the Premises from Seller to construct a roadway to access
anew school. The parties further agree that Buyer does not need nor want the entire Premises
for the proposed roadway, but as a result of the design and layout of the new roadway, the
Premises shall be subdivided into three (3) distinct parcels: (1) the roadway, (2) portion north

of the Foadway; and (3) portion south of the roadway. ‘As consideration of SeHer-to-close-at or

ic o GB > Buye a ca G ae, =, ct (J

5 5 PHO Fj S (5 [2 fy e B 5

with Sellers existing eroperty- Subsequent t to tine design and c. construction of the roadway. Buyer
and Seller agree that each will fully cooperate and take all necessary and advisable actions to

adjust the lot line between Seller’s land at 34 Buckmeadow Road, Parcel ID 0000C-00350,
Map/Lot C-350 (“34 Buckmeadow”) and the Premises to include in 34 Buckmeadow the portion
of land north of the roadway which the City, in its sole discretion, has determined is surplus
subject to Buyer’s reserved rights of easement over that property for slopes, drainage and

establishment of _ Gamage Pot node cat tice to be ih wenn nih ane Re

Exhibi—a : ete. “Buyer shall also convey a single ‘point
driveway a access to the new road to Seller for the property to be reconveyed to Seller after
Closing, location to be determined by Buyer. The transfer of all land located northerly of the
proposed new road layout from Buyer shall occur following approval of a plan creating the new
roadway and reflecting the consolidation of the remaining portions of the Premises with the
abutting properties no later than six (6) months after the substantial completion of construction of
the proposed roadway.

With regard to the property southerly of the roadway Buyer covenants that for a period of twenty
(20) years Cynthia Landry shall hereby receive an exclusive right of first refusal to purchase said
property in the event that Buyer elects to sell or transfer said property. This covenant shall run
with the land, be binding on heirs and assigns and be included in the deed of transfer. For the
same twenty (20) year period the City shall not permit any construction or development within or
of this area, including but not limited to, a park or recreational area of any kind.

Buyer further commits that the contemplated new road will be named “DiAntonio Drive.”
11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has

dealt with any real estate broker, agent or salesperson in connection with this transaction. Each
party agrees to defend, indemnify, and hold the other harmless from any claims, costs,

judgments, or liabilities of any kind advanced by persons claiming real estate brokerage fees
through the indemnified party. The indemnities set forth in this Section shall survive closing.

12. PERSONAL PROPERTY INCLUDED. N/A. Land only.
13. ADJUSTMENTS, PRORATIONS AND CLOSING COSTS.

(a) Real Estate taxes, assessments, special assessments, rents, water bills, sewer,
utilities and condominium association fees, shall be prorated as of the Closing,
and the Selling price shall be adjusted accordingly.

(b) All recording fees for the deed of conveyance will be paid by the Buyer.
Recording fees for any necessary discharges will be paid by the Seller from the
closing proceeds.

(c) Seller and Buyer shall pay their own attorney’s fees.

14. CONDEMNATION. In the event of the taking of all or any part of the Property by
eminent domain proceedings, or the commencement or bona fide threat of the commencement of
any such proceedings, prior to Closing, Buyer shall have the right, at Buyer’s option, to
terminate this Agreement by giving written notice thereof to Seller prior to Closing. If Buyer
does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any
awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at
Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds to
be paid or to become payable after Closing by reason of any taking. Seller shall notify Buyer of
eminent domain proceedings within five (5) days after Seller learns thereof.

15. GENERAL PROVISIONS.

(a) Entire Agreement. All representations, statements, and agreements heretofore
made between the parties are merged in this Agreement, which alone fully and
completely expresses their respective obligations, and this Agreement is entered
into by each party after opportunity for investigation, neither party relying on any
statement or representation not embodied in this Agreement made by the other or
on its behalf.

(b) Modification. This Agreement cannot be changed, amended, or modified in any
way except by an instrument in writing, executed by the party or parties to be
charged with the change, amendment, or modification,

(c) Notices and Requests. Any notice, request, struction, or other document given
or required to be given hereunder shall be in writing, and shall be deemed given
when hand-delivered or deposited in the mail by registered or certified mail,
postage pre-paid, to the parties at the following address, or as at such other
addresses as the parties by like manner shall notify each other from time to time: