Search

Tim Cummings, Director of Economic Development
City Hall - Economic Development Office
229 Main Street/P.O. Box 2019

Nashua, New Hampshire 03061
cum inesteenashuanh. cov

4, Effect of Exercise of Option. In addition to forwarding the City the Notice of
Exercise pursuant to Section 3 above, Harbor Homes shall execute and deliver to the City (at the
same address) an original of the Lease Agreement in the form of Exhibit A attached. Upon its
receipt of the Notice of Exercise, the City shall cause the Lease Agreement to be duly executed
and return an original of the same to Harbor Homes within fifteen (15) days of the City’s receipt.
Upon execution of the Lease Agreement by the City, the Lease Agreement shall be in effect,

5. Law. This Option Agreement is governed by the law of the State of New
Hampshire.
6. No Other Leases. During the term of this Option Agreement, and during the term

of the Lease Agreement (if entered into), the City shall not lease any of the Parking Spaces to any
person or entity, other than Harbor Homes, for the hours reserved to Harbor Homes (7:00 a.m. to
7:00 p.m.).

7. Representations. Harbor Homes makes the following representations and
warranties to the City:

(i) Harbor Homes has the legal right, power and authority to enter into this
Option Agreement and to perform all of its obligations hereunder.

(ti) The execution and delivery of this Option Agreement and the performance
by Harbor Homes of its obligations hereunder will not conflict with, or
result in a breach of, any of the terms, covenants and provisions of any
agreement or instrument to which Harbor Homes is a party or by which
Harbor Homes ts bound.

(iii) No consent, approval, waiver, authorization or novation is required to be
obtained by Harbor Homes from, and no notice or filing is required to be
given by Harbor Homes to, any governmental entity or other person or
entity in connection with the consummation of the transactions
contemplated hereby or the execution, delivery and performance by
Harbor Homes of this Option Agreement and each of the documents to be
executed by Harbor Homes pursuant to this Option Agreement.

8. Counterparts. This Option Agreement may be executed in multiple counterparts,
all of which taken together shall constitute a single agreement.

9, Successors and Assigns. Harbor Homes may assign its rights, duties and
obligations hereunder prior to the end of the term of this Option Agreement, and during the term
of the Lease Agreement (if entered Into) to an entity under common control with Harbor Homes.
No other assignment shall be permitted without the City’s consent, which consent may be

2

withheld in the City’s sole discretion, This Option Agreement and the rights, duties and
obligations of the parties hereunder shall apply to and bind the successors and assigns of the
respective parties.

10. Entire Agreement, Amendment. This Option Agreement (including any exhibits
or schedules, as the same may be amended, referred to in the body of this Option Agreement
which are attached hereto and made a part hereof) constitutes the entire agreement and
understanding between the parties with respect to subject matter hereof, and no oral statements
or promises and no understanding not embodied in this Option Agreement shail be of any effect
whatsoever. Any modification shall be valid only if in agreed upon by Harbor Homes and the
City in writing,

IN WITNESS WHEREOF, the City and Harbor Homes have caused this Option
Agreement to be duly executed the date first set forth above.

City of Nashua
By:
Witness James W. Donchess, Mayor
Pursuant to Board of Aldermen Resolution dated

Harbor Homes, Inc.

By:
Witness Peter J. Kelleher, President and CEO

EXHIBIT A

LEASE
(Factory Street Lot / Fifteen (15) Parking Spaces)

THIS LEASE is made and entered into this day of , 202, by and
between the CITY OF NASHUA, a municipal corporation existing under the laws of the State of
New Hampshire (hereinafter LESSOR) and having an office for the transaction of business at 229
Main Street, Nashua, New Hampshire and HARBOR HOMES, INC., a non-profit corporation
existing under the laws of the State of New Hampshire (hereinafter LESSEE) and having a
principal office for the transaction of business at 77 Northeastern Boulevard, Nashua, New
Hampshire.

WHEREBY:

i. LESSOR does hereby lease to LESSEE, for the purpose of the parking of
automobiles, fifteen (15) spaces on the westerly side of the Factory Street Lot (Nashua Assessor's
Sheet ___, Lot }, owned by LESSOR, adjacent to the easterly side of 45 High Street
(collectively, the “Leased Spaces”). The Leased Spaces shall not include any handicap spaces.

2. This Lease has a term of five (5} years, commencing on , 202 and
terminating on 202. LESSEE shall have the option to renew this Lease for
one (1) additional five (5) year renewal term by giving LESSOR written notice thereof at least
ninety (90) days prior to the expiration of the initial term; provided, however, that (i) LESSEE
may terminate this Lease during the initial term or the renewal term upon one hundred eighty (180)
days written notice to LESSOR and (ii) LESSOR may terminate this Lease during the renewal
term upon one hundred eighty (180) days written notice to LESSEE.

3. LESSEE shall be responsible to the LESSOR for rent payments in money. Rent
shall be paid monthly in advance on the first day of the month. The monthly rent for the initial
five (5) year term shall be Fifty Dollars ($50.00) per each parking space per month multiplied by
fifteen (15) parking spaces, for a total monthly rental payment of $750.00. The monthly rent for
the five (5) year renewal term, if exercised, shall be at LESSOR’s then-current standard per month
per space rate, which shall be disclosed by LESSOR to LESSEE, at LESSEE’s written request, at
least 120 days prior to LESSEE’s election of whether or not to renew this Lease.

4. LESSEE shall peacefully have, hold and enjoy the Leased Spaces, without
objection, hindrance or interference by LESSOR subject to the provisions of this Lease, provided
that LESSEE complies with the terms hereof and all applicable ordinances, rules and taws. In the
event of LESSEE’s failure to comply with the terms hereof, LESSOR may, at its option, terminate
this Lease upon thirty (30) days written notice to LESSEE. LESSEE shall have exclusive use of
the Leased Spaces from the hours of 7:00 a.m. to 7:00 p.m. seven (7) days per week. From the
hours of 7:01 p.m. to 6:59 a.m., the Leased Spaces may be used by any other permitted visitors to
the Factory Street Lot, subject to LESSOR ’s rules and regulations regarding the operation of the
Factory Street Lot.

5. LESSOR shall at all times during the term of this Lease, and at tts own cost and
expense, keep and maintain, or cause to be kept and maintained, the Leased Spaces in good order
and ina clean, sanitary, healthful and safe condition. LESSEE shail periodically inspect the Leased
Spaces and keep the Leased Spaces free of garbage, refuse, or other debris. LESSOR shall remove
and properly dispose of snow from the Leased Spaces, and shall remove and properly dispose of
any unregistered or abandoned vehicles from the Leased Spaces. During snow emergencies,
LESSEE shall cause all vehicles parked in the Leased Spaces during the hours of LESSEE’s
exclusive use to be removed.

6. LESSEE shall maintain in full force and effect during the term of this Lease Liability
insurance relating to the Leased Spaces and to LESSEE’s use and occupancy thereof. LESSEE
shall deliver to LESSOR certificates of insurance indicating such coverage in an amount of not
less than one million dollars ($1,000,000.00) single incident limit, designating the LESSOR as an
additional insured, and providing that such coverage may not be canceled or materially altered
except upon thirty (30) days written notice to LESSOR. Notwithstanding any other provision of
this Lease, LESSOR may terminate this Lease upon cancellation or an unacceptable material
alteration of the specified insurance coverage not cured within thirty (30) days after such
cancellation or unacceptable material alteration.

7, LESSEE shall make no alterations to, or construct any improvements upon, the
Leased Spaces. LESSOR shall install signage on each of the Leased Spaces indicating that each
Leased Space is “Reserved for the Exclusive Use of Harbor Clinic — 7:00 a.m. to 7:00 p.m.”
LESSOR shall install appropriate markings in the Factory Street Lot, including without limitation
on the Leased Spaces, such as parking space lines, directional arrows, and other pavement
markings, and shall ensure the same are kept in good condition.

8. LESSEE makes the following representations and warranties to LESSOR:
(1) LESSEE has the legal right, power and authority to enter into this Lease

and to perform all of its obligations hereunder.

(i) The execution and delivery of this Lease and the performance by
LESSEE of its obligations hereunder will not conflict with, or result in a
breach of, any of the terms, covenants and provisions of any agreement or
instrument to which LESSEE is a party or by which LESSEE is bound,

(i) Noconsent, approval, waiver, authorization or novation is required to be
obtained by LESSEE from, and no notice or filing is required to be given
by, LESSEE to, any governmental entity or other person or entity in
connection with the consummation of the transactions contemplated
hereby or the execution, delivery and performance by LESSEE of this
Lease and each of the documents to be executed by LESSEE pursuant to
this Lease.

9. LESSEE shall defend, indemnify and hold harmless LESSOR, its officers, agents
and employees, from and against any and all losses suffered by the LESSOR, its officers, agents
and employees and any and ail claims, liabilities or penalties asserted against the LESSOR, its
officers, agents and employees by or on behalf of any person on account of, based on or resulting

5

from, arising out of (or which may be claimed to arise out of) the acts or omissions of the LESSEE,
its guests or invitees or from the use by LESSEE, its guests or invitees of the above described
Leased Spaces during the hours of LESSEE’s exclusive use of the Leased Spaces.
Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of
immunity of the City of Nashua, which immunity is hereby reserved to the City of Nashua. This
covenant shall survive the termination of this Lease. LESSEE has no liability for acts or omissions
at or about the Leased Spaces by persons other than LESSEE, its officers, agents, employees,
guests, or invitees.

10. Whenever by the terms of this Lease notice shall or may be given to LESSOR or
LESSEE, such notice shall be in writing and shall be delivered in hand or sent by registered or
certified U.S. mail, postage prepaid, to the address as stated above, or to such other addresses as
may from time to time be designated by like notice. Notices to LESSOR should be directed to the
City Clerk.

ll. LESSEE may assign its rights, duties and obligations hereunder to an entity under
common control with LESSEE. No other assignment shall be permitted without LESSOR’s
consent, which consent may be withheld in LESSOR’s sole discretion.

12, This Lease may not be altered, changed or amended, nor any obligation hereunder
or condition hereof be deemed waived, except by instrument in writing signed by LESSOR and
LESSEE. The provisions of this Lease shall extend and inure to the benefit of, and shall be binding
upon LESSOR and LESSEE and their respective successors and assigns as provided in Section 11.

13. In the event either party defaults in its obligations under this Lease, the other party
shall have all rights and remedies available to it at law and equity.

14, This Lease shall be governed exclusively by the provisions hereof and by the laws
of the State of New Hampshire.

15, This Lease contains the entire agreement between ihe parties with respect to the
subject matter hereof, and supercedes all prior understandings and agreements, if any, with respect
thereto.

16. This Lease be executed in multiple counterparts, all of which taken together shall
constitute a single agreement.

WITNESSED BY: CITY OF NASHUA, LESSOR

By:
James W. Donchess, Mayor
Duly authorized

State of New Hampshire
County of Hillsborough, $8

This instrument was acknowledged before me on 202 by James W.

Donchess, as Mayor of the City of Nashua.

Justice of the Peace/Notary Public
My Commission Expires:

HARBOR HOMES, INC., LESSEE

By:
Peter. J. Kelleher, President and Chief
Executive Officer

Duly authorized

State of New Hampshire
County of Hillsborough, SS

This instrument was acknowledged before me on . 202 _ by Peter J.

Kelleher, as President and Chief Executive Officer of Harbor Homes, Inc.,

Justice of the Peace/Notary Public
My Commission Expires:

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-156

PURPOSE: Authorizing the City of Nashua to enter into an option
agreement with Harbor Homes, Inc. for parking lease

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: The monthly rent for the initial five (5) year term shall be Fifty

Dollars ($50.00) per each parking space per month multiplied
by fifteen (15) parking spaces, for a total monthly rental
payment of $750.00. The cost for updating space/lot signage is
$350.00.

ANALYSIS

This resolution authorizes the City to enter into an option agreement with Harbor Homes, Inc. for
a parking lease. NRO Section 5-4, C, states that the “Board of Aldermen shall approve the lease
of any City-owned lands and buildings.”

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/ John Griffin
Approved as to form: Office of Corporation Counsel

By: /s/ Celia kK. Leonard

Date: August 3, 2021

R-21-157

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING REGARDING THE BRONSTEIN REDEVELOPMENT

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 Memorandum of Understanding regarding the Bronstein Redevelopment in
substantially the same form as the attached.

FURTHER RESOLVED by the Board of Aldermen of the Citv of Nashua that the Mayor,
with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute the
Memorandum of Understanding and all necessary documents and take all necessary actions
contemplated by the Memorandum of Understanding or required to effectuate the same.

MEMORANDUM OF UNDERSTANDING

THIS DEVELOPMENT AGREEMENT (“Agreement”) is made as of this day of
, 2021, by and between Nashua Housing and Redevelopment Authority, a New
Hampshire municipal housing authority under RSA Chapter 203 with its principal address of 40
East Pearl Street, New Hampshire 03060, (‘NHRA”), Bronstein 4% Limited Partnership a
New Hampshire ltmited partnership with a mailing addresses c/o Nashua Housing and
Redevelopment Authority, 40 East Pearl St, Nashua, NH 03060 (“Bronstein 4%”) and Bronstein
9% Limited Partnership, a New Hampshire limited partnership with a mailing addresses c/o
Nashua Housing and Redevelopment Authority, 40 East Pearl St, Nashua, NH 03060(“Bronstein
9%” and individually or jointly Bronstein 4%, the ““Developer’’), and the City of Nashua, a New
Hampshire municipal corporation with a principal address of 229 Main Street, Nashua, New
Hampshire 03060 (“City”) (each a “party”, together the “parties”’).

Recitals

WHEREAS, NHRA owns a certain parcel of land, with improvements thereon, situated at
41 Central Street, Nashua, NH, identified on the records of City of Nashua Assessors as Lot 80,
Sheet 89, (“Property”);

WHEREAS, NHRA currently owns, manages, and maintains a 48-unit multifamily
affordable housing project on the Property known as the Bronstein Apartments (‘Bronstein
Property”);

WHEREAS, NHRA and Developer desire to renovate and redevelop the Bronstein
Property to construct 216 new apartments, comprising of 10 market-rate units and 206 affordable
units, approximately 2500 square feet of community space and approximately 3000 square feet for
a Head Start childcare center through a ground lease between NHRA, as landlord and Bronstein
4% and Bronstein 9%, as tenants (“Bronstein Redevelopment”);

WHEREAS, at all times, NHRA will own the underlying “Property” on which the
Bronstein Redevelopment will occur;

‘WHEREAS, NHRA will be entitled to exercise its right of first refusal to acquire the
Bronstein Redevelopment at the end of the 15-year Compliance Period, at which point it would
own both the property and improvements at the Bronstein Redevelopment;

WHEREAS, City is desirous of supporting the Bronstein Redevelopment in order to
increase the supply of affordable housing in the City;

WHEREAS, the Nashua City Planning Board has reviewed and approved, with
modifications, a site plan for the Bronstein Redevelopment entitled “Master Site Plan (Map 80.
Lot 89) Bronstein Redevelopment 41 Central Street, Nashua, NH” prepared for Boston Capital
Corporation, record owner Nashua Housing and Redevelopment Authority dated June 16, 2020 as
prepared by Hayner/Swanson, Inc. (“Site Plan”);