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Prunier & Prolman, P.A.
Account No.: 026

TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT
Sanders Street, Nashua, New Hampshire

This Temporary Construction Easement and Use Agreement (this “Agreement”) is made
this _—s day of , 2021, by and between the City of Nashua, a municipal
corporation with an address of 229 Main Street, Nashua, New Hampshire 03060 (the “Grantor”),
and the SMC Residences at Riverfront Landing Phase If Limited Partnership, a New
Hampshire limited partnership with an address of 100 Galen Street, Suite 301, Watertown,
Massachusetts 02472 (the “Grantee’’),

RECITALS:

WHEREAS, Grantor owns the right of way known as Sanders Street by dedication and
acceptance in Nashua, County of Hillsborough and State of New Hampshire, and shown as
Sanders Street (“Sanders Street”) as shown on a plan entitled “Easement Plan for Bridge Street
Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32
and Map 40 Lot 37,” prepared for: Renaissance at Nashua, LLC, Record Owner: City of Nashua,
dated January 11, 2021, prepared by McFarland Johnson, and recorded at the Hillsborough County
Registry of Deeds as Plan No. (the “Easement Plan”); see also plans entitled “Site
Plans for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire,
Tax Map 39 Lot 32 and Map 40 Lot 37,” prepared For: Renaissance at Nashua, LLC; Record
Owner: City of Nashua, dated January 11, 2021, prepared by McFarland Johnson, and on file with
the City of Nashua, New Hampshire as NR (the “Site Plans”). Collectively, the Easement
Plan and the Site Plans are referred to herein as the “Plans”; and

WHEREAS, Grantee intends to commence building the Residences at Riverfront Landing

Phase II project in accordance with the Plans; and

WHEREAS, Grantee desires to enter upon Sanders Street (“Easement Area’) to improve
and use Sanders Street as shown on the Plans, and

WHEREAS, Grantee has requested, and Grantor has agreed to grant this Temporary
Construction Easement and Use Easement Agreement on the terms and conditions below.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:

1, Grant of Easement. Grantor hereby grants to Grantee (a) temporary nonexclusive
rights, privileges, and easements for temporary construction in, over, across and upon the
Easement Area for the purpose of installing the roadway improvements according to the Plans (the
“Temporary Construction Easements”); and (b) permanent, nonexclusive rights, privileges, and
easements for the use in, over, across and upon the Easement Area for the purposes as shown on
the Plans (“Use Easement”). Grantor reserves the right to make any use of the Easement Area not
inconsistent with this grant.

2. Use. Grantee shall have full and free use of the Easement Area for the purposes
stated herein and shall have all rights and privileges reasonably necessary to the enjoyment and
exercise of such rights, including the right of reasonable access to and from the Easement Area.

3. Permits and Maintenance. Grantee shall obtain and maintain all permits and/or
licenses required for the use by it of the Easement Area.

4, Indemnification. To the extent permitted by law, the Grantee agrees to protect,
indemnify, defend, and save Grantor harmless from and against all claims, demands, loses,
liabilities, and causes of action of every kind and character in any way resulting from the acts or
omissions of the Grantee, the Grantee’s agent, employees, representatives, or contractors. If such
property damage, personal injury or loss results from the joint negligence or willful misconduct of
Grantor and Grantee, Grantee’s duty of indemnification shall be in proportion to its allocable share
of such joint negligence or willful misconduct.

5. No Warranty of Title. The Temporary Construction Easements and Use Easement
are made by Grantor and accepted by the Grantee without warranty of title by Grantor, either
express or implied.

6. No Trespass or Inverse Condemnation. The Temporary Construction Easements
and Use Easement granted hereunder shall not be deemed a trespass or inverse condemnation of
the Property and will not impair Grantor’s right to make claim against the Grantee for damages
sustained or arising out of the use of the Temporary Construction Easements or Use Easement, if
any, in accordance with the terms contained herein.

7. Assignment. This Agreement will not be assignable by the Grantee in whole or in
part without the written consent of Grantor. Provided however, it is agreed and acknowledged that
the Grantee and its agents, employees, contractors and other users will use the Temporary
Construction Easements and Use Easement for the purposes set forth herein and such use shall not
be deemed an assignment of Grantee’s rights hereunder.

8. Required Notice To Enter Property. Grantee shall provide notice to Grantor prior
to commencement of construction. Notice may be given by personal delivery, nationally
recognized overnight express mail or deposited in the mail, registered or certified, postage and
charges prepaid, and address to the party for whom intended at the address specified below, or at
such other address as such party may have substituted therefore by notice in the manner set forth
above.

If to Grantor:

City of Nashua

Attention: Lisa Fauteux

229 Main Street

Nashua, NH 03060

Email: FauteuxL@nashuanh.gov

With a copy to:

Office of Corporate Counsel
Celia K. Leonard, Esq.

229 Main Street

Nashua, NH 03060

Email: leonardc@nashuanh.gov

If to Grantee:

SMC Residences at Riverfront Landing Phase II Limited Partnership
Attention: Robert Simonds, Director-Capital Projects

100 Galen Street, Suite 301

Watertown, MA 02472

Email: res@smcmgtco.com

With a copy to:

Martin J. Baroff, Esq.

Baroff & Craven, PA

740 Chestnut Street
Manchester, NH 03104

Email: mbaroff@bclawnh.com

9, Authority. Each party represents and warrants to the other that it is duly authorized
to execute this Agreement.

10. Binding Agreement. This Agreement will be binding upon and inure to the benefit
of all parties’ successors and assigns in title.

11. Counterparts. This Agreement may be executed in as many counterparts as may be
required by the parties. It shall not be necessary that the signatures on behalf of the parties hereto
appear on each counterpart hereof, and it shall be sufficient that the signatures on behalf of the
parties hereto appear on one or more such counterparts. All counterparts shall collectively
constitute a single agreement.

12. Termination. The Temporary Construction Easements and the rights granted
thereby shall terminate and be of no further force or effect upon the Grantee’s completion of the
Sanders Street improvements as shown on the Plans.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.

GRANTOR:
City of Nashua

James W. Donchess, Mayor
Duly Authorized

GRANTEE:

SMC Residences at Riverfront Landing
Phase II Limited Partnership

By: Sentry Management Holding, LLC
General Partner

By:
Stephen M. Chapman, Managing Member
Duly Authorized
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this day of , 2021, personally appeared, before me,

James W. Donchess, Mayor of the City of Nashua, personally known to me (or satisfactorily
proven) to be the individual whose name is subscribed to the within instrument and acknowledged
that she executed the same for the purposes therein contained.

Notary Public
Commission Expires:

COMMONWEALTH/STATE OF
COUNTY OF

On this day of , 2021, personally appeared, before me,

Stephen M. Chapman, personally known to me (or satisfactorily proven) to be the individual whose
name is subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained on behalf of Sentry Management Holding, LLC, General Partner of
SMC Residences at Riverfront Landing Phase II Limited Partnership.

Notary Public
Commission Expires:

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ORTH

BLDG C,
& SANDERS
STREET

4 SANDERS
STREET

PROPERTY UNE

is
H PROPOSED BUS PuLt OFF

Y xo SHELTER EASEMENT

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waz SF 24asve *
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PLAN REFERENCE:
1, TOPOCRAPHIC WORKSMETT. (LOT 32, WAP SI AND LOTS 34, 32, 30 AND 46, WAP 40),
BRISGE, SAMDERS AHO BANCRCEL STREETS, NASHUS, NEW HAMPSH RE, PREPAREO FOR

RENAISSANCE AT NASHUA LLC. SCALE. 1°=40', OATEO 29 SEPTEUSER 211 AND PREPARED
BY HATNOR/SWANSOK, INC

»

LAND IN NASHUA, Ni, BOSTON AND MAIN RAILROAD TO JOMNS-banMLLE PROOUCTS
CORPORATION, SCALE: (7a40', DATED; APRIL 1961 RECOROED PLAN $202,

3. CONSOUDARON OF LAND, THE MAINS MANUFACTURING CO, 44 DZ STREET, NADIUA, 14,

SCALE: 1"*40), GATLO 2/20/77 ANO PREPARES Br 0.C CALDERWIO0, RECORDED PLAN
#0390.

NOTES;

TOTAL AREA WAP 59 LOT 52 © 2,780 ACRES
MAP 40 LOI 3? = 0,799 ACRES.

2 ZONING DISTRICT (Quy) GENERAL INDUSTRIAL AuIZTO USL OVERLAY DISTRICT

3 LOT NUMSERS REFER TO THE CTY OF NASHUA ASSESSORS WAM 39 AND MAP 40.

& PURPOSE CF Piae. [0 OEMCT & PROFOSIO DUS PULL OFF AND SHELTER EACKUENI. A
PROPOSED MAINTEHAMCE ACALCWENT 4h & TEMPORARY CONSTRUCEGY CASEWENT AND
USE EASEMENT SCRECMENT Ot SANOCAS STREET.

5. OBNERS:

MAP 39 LOT 32

CITY OF NASHUA

BK:S758 PG: 1876
MAP 40 LOT 37

WASEIUA, Kd 03060
Bx: 5788 PG, 1837

40 30 120 #1

SCALE

RENAISSANCE AT NASHUA, LLC
CITY OF NASHUA, STATE OF NEW HAMPSHIRE

[Rev]_OaIE DESCRIPTION ey
McFarland Johnson
$3 REGIONAL DAVE ORAS uF

CONCORD, NEVI HAMPSHIRE, 02307

3

PAQUECT_18356.00
pate ay S202

CHECKED BRE

LEGISLATIVE YEAR 2021
RESOLUTION: R-21-139

PURPOSE: Authorizing the Bus Pull Off and Shelter Easement on Bridge
Street and Temporary Construction Easement and Use
Easement Agreement

ENDORSERS: Alderman Jan Schmidt
COMMITTEE Committee on Infrastructure
ASSIGNMENT: Nashua Planning Board
FISCAL NOTE:

ANALYSIS

This resolution authorizes the Bus Pull Off and Shelter Easement on Bridge Street and
Temporary Construction Easement and Use Easement Agreement at Sanders Street.

Charter §77 provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on all locations for proposed municipal building and facilities,
including educational, [and] on the purchase and sale of any land by the city.”

Approved as to form: Office of Corporation Counsel
ag ft
By: be * aa

Date: Vay S. Oa |

R-21-140

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH
THE TOWN OF MERRIMACK FOR TRANSIT SERVICES

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Alderman of the City of Nashua that the City is authorized
to enter into a contract substantially in the attached form with the Town of Merrimack for transit
services for the period of July 1, 2021through June 30, 2022.

City of Nashua, New Hampshire Nashua Transit System
and
Town of Merrimack, New Hampshire
AGREEMENT FOR TRANSPORTATION SERVICES
July 1, 2021 through June 30, 2022

This agreement is made and entered into by and between the City of Nashua, Nashua Transit
System (NTS), (“Provider"); and the Town of Merrimack, New Hampshire, ('Town");

1,

Ud

PERIOD

The period of performance of this agreement shall begin on July 1, 2021 and shall
terminate automatically on June 30, 2022.

UNDERSTANDING OF THE WORK

The Provider understands that the Town is seeking demand response transportation
services for eligible citizens, including disabled citizens and senior citizens to and from
locations in Hudson, Nashua, and Merrimack, and their home. This service is principally
used to gain access to adult day care, non-emergency medical appointments, groceries,
pharmacies and employment. Service will be available Monday through Friday, and
excluding Holidays as defined by the Provider (days service is available are the “Service
Days"). The hours of operation for service shall be Monday through Friday 8AM to5PM
including travel time to/from the Nashua garage.

RIDER ELIGIBILITY.

A 'Qualified Rider" shall mean any person residing in the Town who has submitted a
completed application for demand response services in compliance with FTA 5307
funding requirements. Individuals permanently residing in long-term care facilities (i.e.
nursing homes) are, however, excluded from being a "Qualified Rider."

Qualified Rider applications will be emailed or otherwise delivered to the requesting
Town citizen by the Provider, the Town, or private medical offices or hospice centers.
Completed applications shall be emailed or delivered in hardcopy to a designated person
atthe Provider.

PROVIDER'S RESPONSIBILITIES

A. The Provider shall provide shared ride service to Qualified Riders that is scheduled
daily on Service Days as efficiently as possible based on demand for pick-ups and
drop-offs.

B. The Provider shall notify the Town as soon as possible of emergencies that may
interrupt the transportation schedule.

C. The Provider will make every effort to process completed applications expeditiously
but the processing may take up to ! O business days.