Search

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed
under seal as of the day and year first above written.

NHRA:

NASHUA HOUSING AND
REDEVELOPMENT AUTHORITY

By:

Name:
Title:

DEVELOPER:
BRONSTEIN 4% LIMITED PARTNERSHIP

By: 55 Central Street 4%, LLC
Its General Partner

By:

‘Name:
Title:

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:
Name:
Title:
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of Nashua Housing Redevelopment Authority, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of 55 Central Street 4%, LLC, as General Partner of Bronstein 4% Limited Partnership,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument, and acknowledged that he/she executed the same for the purpose herein

contained.

CITY:

CITY OF NASHUA

By:

James W. Donchess
Mayor

Pursuant to Board of Alderman Resolution R-22 passed by the Board of Aldermen on

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this the day of , 2022, before me, the
undersigned officer, personally appeared the above named James W. Donchess, Mayor of The
City of Nashua, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the

purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

FIRST AMENDMENT DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT (“Amendment”) to the certain Development Agreement
dated September 10, 2021 (“Development Agreement”) is made as of this day of ;
2022, 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, Nashua, New Hampshire 03060, (“NHRA”), Bronstein 9% Limited Partnership, a New
Hampshire limited partnership with a mailing addresses 40 East Pearl Street, Nashua, New
Hampshire 03060 (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, the undersigned parties entered into a Development Agreement dated as of
September 10, 2021 for the development of 41 Central Street, Nashua, New Hampshire and
recorded in the Hillsborough County Registry of Deeds at Book 9600, Page 1388 on March 23,
2022;

WHEREAS, development has begun and circumstances have changed causing the parties
to wish to modify the terms of the Development Agreement as originally adopted.

NOW, THEREFORE, in and for the mutual covenants set forth in the original
Development Agreement, as modified by this Amendment, and for other good and valuable
consideration paid and acknowledged, the parties hereby agree to modify the Development
Agreement as follows:

1. Modify Section 8 (a). In Section 8 Waiver on Impact Fees and Permit Fees
subsection (a). Delete the existing subsection and replace it with the following:

“a, Building Permit fees (including all trade permits, plumbing, mechanical,
electrical) for up to One Hundred Ninety-Four Thousand Two Hundred Seventy-Eight
Dollars ($194,278)”;

a Other Terms And Conditions. All other terms and conditions shall remain in full
force and effect except as expressly modified by this Amendment.

3. Runs With the Land. The terms and conditions of this Agreement shall run with
the land and be binding on any party holding an interest in the Property, including, but not
limited to, any fee holder, tenant or the holder of a condominium interest.

4, Recording. A copy of this Agreement will be recorded in the Hillsborough
County Registry of Deeds.

Signature pages follow

IN WITNESS WHEREOPF, the parties have caused this Agreement to be duly executed
under seal as of the day and year first above written.

NHRA:

NASHUA HOUSING AND
REDEVELOPMENT AUTHORITY

By:

Name:
Title:

DEVELOPER:
BRONSTEIN 9% LIMITED PARTNERSHIP

By: 55 Central Street 9%, LLC
Its General Partner

By:

Name:

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:
Name:
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of Nashua Housing Redevelopment Authority, known to me (or

satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of 55 Central Street 9%, LLC, as General Manager of Bronstein 9% Limited Partnership, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

CITY:

CITY OF NASHUA

By:

James W. Donchess
Mayor

Pursuant to Board of Alderman Resolution R-22-___ passed by the Board of Aldermen on

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this the day of , 2022, before me, the
undersigned officer, personally appeared the above named James W. Donchess, Mayor of The
City of Nashua, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the

purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

O-22-011

ORDINANCE

AMENDING THE ZONING MAP BY REZONING LAND SITUATED NORTH AND
SOUTH OF LAKE STREET AND WEST OF PINE STREET FROM LOCAL BUSINESS
(LB) TO LOCAL BUSINESS WITH MIXED USE OVERLAY DISTRICT (LB/MU)

CITY OF NASHUA

in the Year Two Thousand and Twenty-two

The City of Nashua ordains that Chapter 190 “Land Use”, Part 2 “Zoning Districts and
Supplemental Use Regulations”, Article 2 “Generally”, Section 190-12 “Zoning map”, is hereby
amended by changing the zoning designation of land situated North and South of Lake Street and
West of Pine Street from Local Business (LB) to Local Business with Mixed Use Overlay
District (LB/MU):

A certain tract or parcel of land situated north and south of Lake Street and west of Pine Street in
the City of Nashua, Hillsborough County, State of New Hampshire bounded and described as

foilows:

Beginning at a point in the center line of Pine Street approximately 180 feet south from center
line intersection of Lake and Pine Streets, point being the southeast corner of the within
described zone, thence;

N 83°-18'-36" W, a distance of one hundred fifty seven and 99/100 feet (157.99), to a point; thence

N 31°-59’-18"E, a distance of one hundred twenty nine and 59/100 feet (129.59°), to a point in the
south line of Lake Street; thence

N 15°-01'-50" W, a distance of twenty one and 39/100 feet (21.39'), to a point in the center line of
Lake Street; thence

S 74°-58'-10"W, a distance of twenty-seven and 33/100 feet (27.33'), along the center line of Lake
Street to a point; thence

N 15°-01'-50" W, a distance of twenty one and 39/100 feet (21.39'), to a point in the north line of
Lake Street; thence

N 32°-05'-20"E, a distance of two hundred forty eight and 17/100 feet (248.17'), to a point in the
west line of Pine Street; thence

ORDINANCE O-22-011

S 88°-59'-40"E, a distance of twenty and 11/100 feet (20.00°), to a point in the center line of Pine
Street, said point being approximately 180 feet north from the center line intersection of Pine and

Lake Streets.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect upon passage.

LEGISLATIVE YEAR 2022

ORDINANCE: O-22-011
PURPOSE: Amending the Zoning Map by rezoning land situated north

and south of Lake Street and west of Pine Street from Local
Business (LB) to Local Business with Mixed Use Overlay

District (LB/MU)
ENDORSERS: Alderman Alex Comeau
COMMITTEE Planning and Economic Development Committee
ASSIGNMENT:
FISCAL NOTE: None.
ANALYSIS

This ordinance changes the zoning from Local Business (LB) to Local Business with Mixed Use
Overlay District (LB/MU) for land situated north and south of Lake Street and west of Pine
Street. For informational purposes, the rezoning application, including maps showing the
location, is attached.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing. (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7, I). See
RSA 675:7, I-a for notice requirements to individual owners for changes that affect 100 or fewer
properties. A favorable vote of two-thirds of all the members of the board of aldermen present
and voting would be required if a protest petition is filed pursuant to RSA 675:5.

Approved as to form: Office of Corporation Counsel
" ee
By: Foison Le: aa x

Date: /[s [aoaa