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10.

performance of work terminated, abandoned, or suspended under the notice, assign to
the City of Nashua any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Professional Engineer shall receive all amounts due and not
previously paid to Professional Engineer for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the City of Nashua by reasons
of Professional Engineer's failure. Professional Engineer shall not be relieved of liability to the City
of Nashua for damages sustained from the failure, and the City of Nashua may withhold any
payment to the Professional Engineer until such time as the exact amount of damages due to the
City of Nashua is determined. All claims for payment by the Professional Engineer must be
submitted to the City of Nashua within 30 days of the effective date of the notice of termination.

If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an adjustment
in the compensation paid to Professional Engineer such that Professional Engineer receives total
compensation in the same amount as it would have received in the event of a termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event Professional Engineer shall cease conducting business, the City of Nashua
shall have the right to solicit applications for employment from any employee of the Professional
Engineer assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or future,
which is beyond the reasonable control of such party. Delays arising from the actions or inactions
of one or more of Professional Engineer's principals, officers, employees, agents, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Professional Engineer's
control.

DISPUTE RESOLUTION | The parties shall attempt to resolve any dispute related to this contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer Representative.
At all times, Professional Engineer shall carry on the work under this contract and maintain and
complete work in accordance with the requirements of the contract or determination or direction of
the City of Nashua. If the parties are unable to resolve their dispute as described above within 30
days, the parties’ reserve the nght to pursue any available legal and/or equitable remedies for any
breaches of this contract except as that right may be limited by the terms of this contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation, or

adjustment of any kind shall be made to Professional Engineer for damages because of hindrances
or delays in the progress of the work from any cause, and Professional Engineer agrees to accept

GC 5 of 11

11.

in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional Engineer.
Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.

Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liability policies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance. Professional
Engineer is responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.

> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.

> — The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.

> Professional Engineer is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Engineer

agrees to indemnify and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,

GC 6 of 11

13.

14.

15.

16.

attomey’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of Professional Engineer or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Professional Engineer’s indemnity and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are not
paid to Professional Engineer shall automatically revert to the City of Nashua’s discretionary
control upon the completion, termination, or cancellation of the agreement. The City of Nashua
shall not have any obligation to re-award or to provide, in any manner, the unexpended funds to
Professional Engineer. Professional Engineer shall have no claim of any sort to the unexpended
funds.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Professional Engineer
to submit additional information. Unless the City of Nashua, in its sole discretion, decides
otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of approval
of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements, shall
promptly notify the City of Nashua in writing of any changes to the same relating to or affecting
this contract, and shall submit detailed documentation of any effect of the change in terms of both
time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to “Title 41”’Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

GC 7 of 11

17.

18.

19.

20.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of work,
and obligation of Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Professional Engineer shall constitute a material breach of the contract.

ENDORSEMENT Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer, delegation,
or subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to
the incidents expressed and provided for in the written consent and shall not be deemed to be a
consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and written
amendments or modifications. Subject to the foregoing provisions, the contract inures to the benefit
of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, Corporation Counsel, and, if applicable, the Comptroller General of the United
States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property of
the City of Nashua and all such materials shall be remitted and delivered, at Professional Engineer's
expense, by Professional Engineer to the City of Nashua upon completion, termination, or
cancellation of this contract. Alternatively, if the City of Nashua provides its written approval to
Professional Engineer, any books, reports, studies, photographs, negatives or other documents,
data, drawings or other materials including but not limited to those contained in media of any sort
(e.g., electronic, magnetic, digital) prepared by or supplied to Professional Engineer in the
performance of its obligations under this contract must be retained by Professional Engineer for a
minimum of four years after final payment is made and all other pending matters are closed. If, at
any time during the retention period, the City of Nashua, in writing, requests any or all of the
materials, then Professional Engineer shall promptly remit and deliver the materials, at Professional

GC 8 of 11

21.

22.

23.

Engineer's expense, to the City of Nashua. Professional Engineer shall not use, willingly allow or
cause to have such materials used for any purpose other than the performance of Professional
Engineer's obligations under this contract without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees that
all documents ever submitted, filed, or deposited with the City of Nashua by Professional Engineer
(including those remitted to the City of Nashua by Professional Engineer pursuant to paragraph
20), unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was completed
on the date indicated in the notice or provide Professional Engineer with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Professional Engineer
shall promptly complete the work and the final acceptance procedure shall be repeated. The date of
final acceptance of a project by the City of Nashua shall be the date upon which the Director of
Economic Development or other designated official accepts and approves the notice of completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

GC 9 of 11

24.

25.

26.

27.

28.

29.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract shall
be considered waived by the City of Nashua. There shall be no waiver of any past or future default,
breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer warrants that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in
the business of Professional Engineer. If any such interest comes to the attention of Professional
Engineer at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City of Nashua. Professional Engineer also warrants that it presently has no interest
and that it will not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this contract. Professional
Engineer further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was not
disclosed to the City of Nashua, it may terminate the contract at will or for cause in accordance
with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs incurred
by the City of Nashua in completing the work described in this contract. At the discretion of the
City of Nashua, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any act
or omission of the other party. This contract is not intended to create any rights, powers, or interest
in any third party and this agreement is entered into for the exclusive benefit of the City of Nashua
and Professional Engineer.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable
by any valid act of Congress or of the New Hampshire legislature or any court of competent

GC 10 of 11

30.

31,

jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the
parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the
invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. The parties shall not be bound by
or be liable for any statement, representation, promise, inducement, or understanding of any kind
or nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the State
of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 11 of 11

Exhibit B

Project# 52636.01
Nashua Downtown Riverfront - ENVIRONMENTAL ANALYSIS

Task # Task Name

00100 Prime Wetland Boundary

|00200 Wetland Mitigation

|00300 Stream Assessment

|00400 Rare Species

]00500 Wetland Permit

|o0600 Army Corps SPGP

|00700 AoT Coordination

]00800 NHDHR RPR

|o0900 Cultural Resource Surveys

]01000 Section 106 Coordination

]01100 Permitting Follow On

]01200 Archaeolgical Coordination

01 300 Soil and Groundwater Assessment
]01400 Soil and Groundwater Management Plan

Average Hourly Price Rate
Total Hours
Total Labor Price

Bakos, Greg Cilley, Cynthia Cloutier, Dave

Design
Manager

1
8

24

16
16

$215.00
91
$19,565.00

Sr. CAD

32

40

$125.00
92
$11,500.00

Sr. Water
Resource
Engineer

16
16

$155.00
32
$4,960.00

Fleurat,
Annique
Water
Resource
Engineer

32
24

$145.00
56
$8,120.00

Hooper, Jason

Sr.
Environmental
Engineer

40
$165.00
40
$6,600.00

Lemire, Russ

Engineer

100

$135.00
100
$13,500.00

Martin, Nicole

Envi Scientist

20

$105.00
182
$19,110.00

McSweeney,
Ariana
Cultural
Resource
Specialist

32
110

$105.00
142
$14,910.00

Nahlik, Rene

Sr.
Environmental
Engineer

60
120
$165.00
180
$29,700.00

Pelletier,
Stephanie

GIS Specialist Environmental

14
14
$115.00
84
$9,660.00

Ragalwar,
Rucha

Engineer

44
56
$135.00
100
$13,500.00

Stuart-Knight, Wagner, Walker, Peter
Quinn Christopher
Sr Cultural Sr. Biologist Project
Resource Manager
Specialist
4
16
4
24
16
8 4
50 4
88 16
16
8 4
4
8
$155.00 $205.00 $235.00
154 16 105
$23,870.00 $3,280.00 $24,675.00

Wilkes,
Kristopher
Sr.
Environmental
Scientist
4

12

24

10

$165.00
51
$8,415.00

Total Hours

25
120
52
12
200
12
216
62
172
120
62
12
122
238

1425

ESTIMATED DIRECT EXPENSES $
ALLOWANCE FOR ARCHAEOLOGICAL SUBCONSULTANT (IF NEEDED): $
ALLOWANCE FOR ASBESTOS SUBCONSULTANT (IF NEEDED): $

AMENDMENT TOTAL

$225,365.00

Total Labor
Price

3,615.00
18,600.00 |
7,860.00 |
1,450.00 |
29,000.00 |
1,260.00 |
30,800.00 |
7,810.00 |
21,160.00 |
20,840.00 |
10,950.00 |
2,180.00 |
18,390.00 |
37,450.00 |

211,365.00
4,000.00
5,000.00
5,000.00

CITY OF NASHUA
BOARD OF ALDERMEN

Petition for Authorization for Issuance of Building Permits for
a Building on a Private Road

This Petition is filed by Elizabeth Lu of 17 Roby Street, Nashua, New Hampshire 03060
(the “Petitioner”) pursuant to RSA 674:41, 1 (d) for authorization by the Board of Aldermen for
the issuance of building permits for a single-family dwelling and related improvements to be
constructed on property at 19 Roby Street, Nashua, New Hampshire, owned by the Petitioner.
Upon such authorization, the Petitioner would follow the standard processes established by the
City of Nashua and its Building Department for the issuance of building permits for a single-family
dwelling and related improvements at 19 Roby Street.

In support of this Petition, the Petitioner states as follows:

1. She is the owner of the property at 19 Roby Street, Nashua, New Hampshire, by
virtue of deeds recorded with the Hillsborough County Registry of Deeds at Book 5559, Page 1694
and Book 5762, Page 1224.

2. 19 Roby Street is known as Map 126, Lot 103 on the City of Nashua Tax Maps.

3. RSA 674:41, I provides that no building permit shall be issued for the erection of a
building unless the street giving access to the lot upon which the building is proposed to be placed
meets certain criteria.

4, RSA 674:41, I (d) provides that in the case of a private road (such as this section of
Roby Street), the building permit may be issued if the local governing body (in this case the Board
of Aldermen), after review and comment by the Planning Board, has voted to authorize the
issuance of building permits for the erection of buildings on said private road or portion thereof.

5. 19 Roby Street is located on the so-called paper street portion of Roby Street.

6. This portion of Roby Street was first dedicated to public servitude by the recording
of a plan in 1916 (Hillsborough County Registry of Deeds Plan No. 517). Because this portion of
Roby Street was never built within 20 years after recording of Plan No. 517, the dedication to
public servitude expired and this portion of Roby Street merely became a common, private access
way by easement, in essence a private road, all pursuant to the provisions of New Hampshire law

then in effect.

7. In addition, ownership to the centerline of the paper street portion of Roby Street
runs to the abutting property owners, including the Petitioner to the centerline along the frontage

of 19 Roby Street.

8. The Petitioner has obtained the following approvals in connection with the
construction of a single-family dwelling and improvements on 19 Roby Street:

(a) A special exception to work within the 75 foot prime wetland buffer of
Salmon Brook, granted by the Zoning Board of Adjustment (the “ZBA”) on
October 30, 2020, after receiving a favorable recommendation from the

Conservation Commission on January 7, 2020;

(b) A variance from the minimum lot frontage requirements under the Land Use
Code where 60 feet is required and zero feet is provided granted by the ZBA

on October 30, 2020;

(c) A variance from the minimum lot width requirements of the Land Use Code
where 75 feet is required and zero feet is provided granted by the ZBA on
October 30, 2020;

(d) A special exception to work within the 75 foot prime wetland buffer of
Salmon Brook to construct a 35-40 foot long driveway retaining wall,
granted by the ZBA on October 12, 2021.

9. The Petitioner filed with the Planning Board an application for issuance of a Special
Use Permit to allow construction of the single-family dwelling at 19 Roby Street. A public hearing
on the application will by held by the Planning Board on February 17, 2022.

10. Attached to this application is the plan set prepared by the Petitioner’s project
engineers, Hayner/Swanson, Inc. consisting of three (3) sheets, including the Lot Layout Grading

Plan (the “Plan Set”).

11. As shown on the Plan Set, 19 Roby Street is to be serviced by municipal sewer,
water by Pennichuck Water Works, Inc., underground gas and overhead electric and
telecommunications utilities. See Note 8 on the Plan Set.

12. Access to 19 Roby Street comes off the publicly maintained portion of Roby Street
into the paper street portion of Roby Street (relative to which the Petitioner has ownership to the
centerline and access rights over its entirety) and onto 19 Roby Street, improved by the proposed

retaining wall.

13. As such, 19 Roby Street will be fully accessible for utility services and access,
including access for emergency vehicles.

14. _ In accordance with RSA 674:41, I (d) (2) and (3) respectively, the Petitioner agrees
(i) that the City of Nashua neither assumes responsibility for maintenance of the paper street
portion of Roby Street (the private road) nor liability for any damages resulting from the use
thereof and (ii) to produce evidence that notice of the limits of municipal responsibility and liability
have been recorded with the Hillsborough County Registry of Deeds, in the form of a notice
acceptable to the Community Development Division of the City of Nashua.

WHEREFORE, the Petitioner respectfully requests that the Board of Aldermen grant this
Petition to authorize the issuance of a building permit(s) for a single-family dwelling and for utility
services, a retaining wall and related improvements at 19 Roby Street in accordance with RSA

674:41, I (d).