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Finance Committee - Agenda - 2/3/2021 - P5

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

1, IV. TERM.
The term of the Concession Agreement shall be extended from December 31,
2020 to December 31, 2021.

2. OTHER TERMS AND CONDITIONS REMAIN.
In the event of any inconsistencies in the Concession Agreement and this First
Amendment, the terms of this Amendment shall control. Except as expressly set
forth in this First Amendment, the Concession Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Concession
Agreement to itself shall be deemed also to refer to this First Amendment.

3. CAPITALIZED TERMS.
All capitalized terms used but not defined herein shall have the same meaning as
defined in the Concession Agreement.

IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this First Amendment on the date set forth below.

CITY OF NASHUA

Date: , 2021 By:
James W. Donchess, Mayor
DULY AUTHORIZED

GRANITE DIAMOND, LLC

Date: , 2021 By:
John W.S. Creedon, Jr., President and LLC Manager
DULY AUTHORIZED

Page Image
Finance Committee - Agenda - 2/3/2021 - P5

Finance Committee - Agenda - 2/3/2021 - P6

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named, James W.
Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing

instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named,
John W.5. Creedon, Jr., President and LLC Manager of Granite Diamond, LLC, known to me (or
satisfactorily proven) to be the person whose name is subscribed herein and acknowledged that
he/she executed the foregoing instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

Page Image
Finance Committee - Agenda - 2/3/2021 - P6

Finance Committee - Agenda - 2/3/2021 - P7

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

R-21-113

RESOLUTION

‘AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO THE 14
COURT STREET LEASE FOR UNIT B WITH LIQUID THERAPY, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a First Amendment to 14 Court Street Lease for Unit B with Liquid
Therapy, LLC in substantially the same form as the attached.

Page Image
Finance Committee - Agenda - 2/3/2021 - P7

Finance Committee - Agenda - 2/3/2021 - P8

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-113

PURPOSE: Authorizing the Mayor to enter into a First Amendment to the
14 Court Street Lease for Unit B with Liquid Therapy, LLC

ENDORSERS: Alderman-at-Large Ben Clemons
Alderman Thomas Lopez

COMMITTEE
ASSIGNMENT: Finance Committee
FISCAL NOTE: Starting in 2021, there should be a reduction in utility costs for

14 Court Street.

ANALYSIS

This resolution authorizes the Mayor to enter into a First Amendment to 14 Court Street Lease
for Unit B with Liquid Therapy, LLC. The First Amendment amends the language in the
Utilities section of the lease.

Approved as to form: Office of Corporation Counsel

By: Vet, Core
Date: on Nandan 271

Page Image
Finance Committee - Agenda - 2/3/2021 - P8

Finance Committee - Agenda - 2/3/2021 - P9

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

FIRST AMENDMENT TO 14 COURT STREET LEASE FOR UNIT B

This First Amendment to the 14 Court Street Lease for Unit B (hereinafter “Lease”),
dated as of the latter of the signatures below, is by and between the City of Nashua, a
municipality incorporated in the State of New Hampshire, having a mailing address of 229 Main
Street, Nashua, County of Hillsborough, New Hampshire 03061 (hereinafter “Lessor”) and
Liquid Therapy, LLC, a New Hampshire limited liability corporation, with a business address of
5 New Haven Drive, #201, Nashua, New Hampshire 03063 (hereinafter ‘““Lessee”’).

WHEREAS, Lessor and Lessee entered into a 14 Court Street Lease for Unit B on July 1,
2018 (hereinafter “Lease”’), whereby the Lessor granted to the Lessee certain nghts in regard to a
portion of the property located at 14 Court Street, Nashua, New Hampshire (hereinafter “Lease
Area’’);

WHEREAS, the Term of the Lease is July 1, 2018 through June 30, 2023; and

WHEREAS, the Parties wish to amend certain terms and conditions in the Lease.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, Lessor and Lessee agree as follows:

1. Delete the existing Section 8 “Utilities”, and replace it with the following new Section 8:

8. UTILITIES

Access to electricity, water, sewer, and gas service on the Lease Area and Associated
Outdoor Area are available. The Lessee will have the capacity to connect to these
utilities. Electric, water, sewer, and gas use by the Lessee will be tracked by submeters,
and the Lessee will pay for its use of these services starting July 1, 2021. The cost for
installation of the submeters will be borne by the Lessor. The Lessee is responsible for

obtaining telephone, data, and any other telecommunications and internet connections

Page Image
Finance Committee - Agenda - 2/3/2021 - P9

Finance Committee - Agenda - 2/3/2021 - P10

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

and services. Any associated costs with providing telecommunication and internet
services will be the sole responsibility of the Lessee. The Lessee is also responsible for
arranging its own waste management service(s). The City of Nashua will not provide
solid waste receptacle or removal services for the Lessee.
2. In the event of any inconsistencies in the Lease and this First Amendment, the terms of
this Amendment shall control. Except as expressly set forth in this First Amendment, the Lease
otherwise is unmodified and remains in full force and effect. Each reference in the Lease to
itself shall be deemed also to refer to this First Amendment.
3. All capitalized terms used but not defined herein shall have the same meaning as defined
in the Lease.
IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this First Amendment on the date set forth below.

CITY OF NASHUA

Date: , 2021 By:
James W. Donchess, Mayor
DULY AUTHORIZED

LIQUID THERAPY, LLC

Date: , 2021 By:

Name:

DULY AUTHORIZED

Page Image
Finance Committee - Agenda - 2/3/2021 - P10

Finance Committee - Agenda - 2/3/2021 - P11

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 01/29/2021 - 12:12
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/03/2021 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020320…

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named, James W.
Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing
instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis day of , 2021, personally appeared the above-named,

, known to me (or satisfactorily proven) to be the
person whose name is subscribed herein and acknowledged that he/she executed the foregoing
instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

Page Image
Finance Committee - Agenda - 2/3/2021 - P11

Finance Committee - Minutes - 1/20/2021 - P1

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Wed, 01/20/2021 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/20/2021 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__012020…

REPORT OF THE FINANCE COMMITTEE

JANUARY 20, 2021

A meeting of the Finance Committee was held on Wednesday, January 20, 2021, at 7:00 p.m. via
teleconference.

Mayor Jim Donchess, Chairman, presided.

Mayor Donchess

As Chairman of the Finance Committee, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governors Emergency Order
#12 pursuant to Executive Order 2020-04 and subsequent extensions, this public body is authorized to meet
electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting, which
was authorized pursuant to the Governor's Emergency Order. However, in accordance with the Emergency
Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or other
electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099
Meeting ID: 818 4338 4068 Passcode: 370538

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through public
postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov and
publicly noticed at City Hall and Nashua Public Library.

If anyone has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they will
help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will be
adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done by roll
call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please also
state whether there is anyone in the room with you during this meeting, which is required under the Right-To-
Know Law.

The roll call was taken with 5 members of the Finance Committee present: Alderman Patricia Klee, Alderman
Linda Harriott-Gathright, Alderwoman-at-Large Shoshanna Kelly, Alderman-at-Large Michael B. O’Brien, Sr.,
and Mayor Jim Donchess. Alderwoman Elizabeth Lu and Alderman-at-Large Brandon Laws were recorded
absent.

Page Image
Finance Committee - Minutes - 1/20/2021 - P1

Finance Committee - Minutes - 1/20/2021 - P2

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Wed, 01/20/2021 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/20/2021 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__012020…

Finance Committee - 01/20/2021 Page 2

Members not in Attendance: Alderwoman Elizabeth Lu
Alderman-at-Large Brandon Michael Laws

Also in Attendance: Kelly Parkinson, Purchasing Manager

ROLL CALL
Alderman Klee
| am here, | am alone and | can hear the proceedings.

Alderman Harriott-Gathright

Clerk —| am present, | am in the room with my granddaughter and | am practicing social distancing and | can
hear you all.

Alderwoman Kelly

I’m here, | am in this room alone and | can hear everyone.

Mayor Donchess

Oh I’m sorry, Alderman Laws contacted me to say that he’s not feeling well and he could not make the meeting
tonight.

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.

Mayor Donchess

| am present, | am practicing social distancing and | am in the room alone.

Alderman Harriott-Gathright

We have five and we have a quorum.

Mayor Donchess

Thank you, Madam Clerk. So we have public comment; anyone from the public wish to address the
Committee?

PUBLIC COMMENT

Laurie Ortolano Mayor Donchess?
Mayor Donchess

Yes?

Ms. Ortolano Will there be another public input at the end? Is this the public input to speak to items that are
being acted upon?

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Finance Committee - Minutes - 1/20/2021 - P2

Finance Committee - Minutes - 1/20/2021 - P3

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Wed, 01/20/2021 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/20/2021 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__012020…

Finance Committee - 01/20/2021 Page 3
Mayor Donchess

There is public comment at the end, yes.

Ms. Ortolano Ok that’s fine, | just wanted to make sure.

Mayor Donchess

Ok, thank you.

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: | Change Order for Ammunition and Supplies

There being no objection, Mayor Donchess accepted the communication and placed it on file.
Mayor Donchess
This is the change order for the ammunition right?

Alderman Harriott-Gathright

Yes, change order for ammunition and supplies.
Mayor Donchess
Well we need a motion to approve it.

Alderman Harriott-Gathright

| motion to approve the change order for ammunition supplies. There being no objection, Mayor Donchess
accepted the communication and placed it on file.

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT AND PLACE THE COMMUNICATION ON
FILE

ON THE QUESTION

Kelly Parkinson, Purchasing Manager

It’s just a communication because it is under $25,000.00.

Mayor Donchess

Oh OK. The original contract was $59 but the addition is a little over $10,000.00. So you were right Madam
Clerk. So the motion should be to accept and place on file. Could you please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderman Harriott-Gathright,
Alderwoman Kelly, Alderman O’Brien, Mayor Donchess 5

Nay: 0
MOTION CARRIED

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Finance Committee - Minutes - 1/20/2021 - P3

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