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R-17-152

Endorsers: Mayor Jim Donchess

Alderman-at-Large Lori Wilshire

Alderman Ben Clemons

Alderman Richard A. Dowd

Alderman June M. Caron

Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $200,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES INTO
COMMUNITY DEVELOPMENT GRANT ACTIVITY “GREELEY PARK BOAT RAMP
IMPROVEMENTS” AND TO AUTHORIZE THE TRANSFER OF $75,000 FROM GENERAL
CONTINGENCY

e Human Affairs Committee Recommends: Final Passage

R-17-153
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ben Clemons
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $112,770.24
FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES
INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING
GRANT”
e Human Affairs Committee Recommends: Final Passage

R-17-154
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ben Clemons
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $65,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY
“CAPITAL OUTLAY — ROLLING STOCK”
° Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

Q-17-047
Endorsers: Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Tom Lopez
ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 15 MERRILL STREET

e Committee on Infrastructure Recommends: Final Passage

O-17-048
Endorser: Alderman David Schoneman
AUTHORIZING STOP SIGNS ON BEASOM STREET AT ITS INTERSECTIONS WITH BERKELEY

AND RAYMOND STREETS
e Committee on Infrastructure Recommends: Final Passage

O-17-049
Endorser: Alderman Tom Lopez
REMOVING THE PARKING METERS AND ESTABLISHING A TWO-HOUR PARKING TIME LIMIT
ON COTTAGE STREET
e Committee on Infrastructure Recommends: Final Passage

O-17-050
Endorser: Alderman Tom Lopez
ESTABLISHING A TWO-HOUR PARKING TIME LIMIT ON QUINCY STREET
e Committee on Infrastructure Recommends: Final Passage

O-17-051
Endorsers: Alderman Tom Lopez

Alderman-at-Large Lori Wilshire
Alderman Ben Clemons
Alderman Richard A. Dowd

ADDING ADDITIONAL STREETS TO THE OVERNIGHT ON-STREET PARKING PROGRAM

TEMPORARILY

e Committee on Infrastructure Recommends: Final Passage as Amended

O-17-052
Endorsers: Mayor Jim Donchess
Alderman June M. Caron
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman McCarthy
AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE 3 WHICH INCLUDES THE ELM
STREET AND HIGH STREET PARKING GARAGES, FROM DECEMBER 10, 2017 THROUGH
JANUARY 1, 2018
e Committee on Infrastructure Recommends: Final Passage as Amended

NEW BUSINESS — RESOLUTIONS

R-17-159
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE OF A SCULPTURE DONATED TO THE CITY BY CHARLES

AND MERI GOYETTE
R-17-160
Endorser: Mayor Jim Donchess
RELATIVE TO THE TRANSFER OF $42,000 FROM DEPARTMENT 194 — CONTINGENCY,
ACCOUNT 70100 — GENERAL CONTINGENCY TO DEPARTMENT 109 — CIVIC & COMMUNITY

ACTIVITIES, ACCOUNTING CLASSIFICATION 56 — OUTSIDE AGENCIES FOR THE PURPOSE OF
PROVIDING FUNDING TO REVIVE RECOVERY, INC. FOR A COMMUNITY RECOVERY COACH

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

AMENDED
R-17-134

RESOLUTION

AUTHORIZING THE SALE OF LAND ON THE EAST SIDE OF MEDICAL CENTER
DRIVE (SHEET 31, LOT 12) TO SOUTHERN NEW HAMPSHIRE MEDICAL CENTER
FOR $300,000, ESTABLISHING AN EXPENDABLE TRUST FUND FOR DOWNTOWN

REDEVELOPMENT INITIATIVES, AND APPROPRIATING THE $300,000 OF
PROCEEDS INTO THE EXPENDABLE TRUST FUND

CITY OF NASHUA

In the Year Two Thousand and Seventeen

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is hereby
authorized to sell City property located on the east side of Medical Center Drive between East
Hollis Street and John Street in the City of Nashua, New Hampshire, known as or more
particularly described as Nashua Assessor’s Sheet 31, Lot 12, containing 21,780 square feet +/-,
being used as a parking lot, to Southern New Hampshire Medical Center on terms and conditions
substantially similar to the attached Purchase and Sale Agreement. The purchase price for the
property is three hundred thousand dollars ($300,000).

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that pursuant
to NH RSA 31:19-a, the City of Nashua hereby establishes an expendable trust fund for the
purpose of downtown redevelopment initiatives, which can include funding the purchase of real
property for the purpose of creating additional parking and for the upkeep and maintenance
operations of our current parking lots. The Board of Aldermen is appointed as the agent to
expend. Any balance remaining in this expendable trust fund at each fiscal year end will not
lapse or be closed out to the General Fund, but will remain in this expendable trust fund.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua to appropriate
$300,000 of unanticipated revenue received from the sale of this property into this new
expendable trust fund.

As this is a resolution which supplements the budget, the following information is
provided pursuant to NRO § 5-145, E:

Assuming pending R-17-127 (“Relative to the supplemental appropriation of $500,000 of
unanticipated revenue to the hydropower reserve fund for the purpose of repairing the turbine at
the Jackson Mills Dam’”’) passes, the accumulated sum of all appropriations of the FY2018
combined annual municipal budget is $266,098,979. The FY2018 dollar amount under the limit
established by City Charter Section 56-c is $1,418,105.

RESOLUTION R-17-134

Then, if this resolution passes, the accumulated sum of all appropriations of the FY2018
combined annual municipal budget will be $266,398,979. The FY2018 dollar amount under the
limit established by City Charter Section 56-c will be $1,118,105.

PURCHASE AND SALE AGREEMENT

. THIS AGREEMENT made this day of , 2017
between the City of Nashua (“SELLER”), a municipal corporation organized under the laws of
the State of New Hampshire with a principal place of business at 229 Main Street, Nashua, NH
03061 and Southern New Hampshire Medical Center (“BUYER”), a non-profit corporation
existing under the laws of the State of New Hampshire with its principal place of business at 8
Prospect Street, Nashua, NH 03060.

. WITNESSETH: That SELLER agrees to sell and convey, and BUYER agrees to purchase, for
the purchase price and subject to every one of the terms and conditions hereafter set forth, the
real property located on the east side of Medical Center Drive between East Hollis Street and
John Street in the City of Nashua, New Hampshire, known as or more particularly described as
Nashua Assessor’s Sheet 31, Lot 12, containing 21,780 square feet +/-, being used as a parking
lot (“PROPERTY”).

. The SELLING PRICE is Three Hundred Thousand Dollars ($300,000.00).

Balance Due: Cash, Certified Check, Bank Draft or Wire Transfer payable to SELLER on the
date of transfer of title in the sum of $300,000.00.

. DEED: At CLOSING, upon payment of all amounts due, SELLER shall deliver to BUYER a
duly executed quitclaim deed to the PROPERTY.

. PROPERTY CONDITION: The PROPERTY is sold AS IS, WHERE IS condition, without

any warranty as to its use or condition whatsoever, subject to all tenants and rights of use or
possession, limitations of use by virtue of prior land use approvals, outstanding municipal
charges for sewer, water or betterment assessments, connection or capacity charges for the same,
or other matters of record which may impact the use of, or title to, the PROPERTY, if any,
including mortgages, equity lines of credit, liens, attachments, and any State and Federal tax
liens which have survived SELLER’S acquisition of PROPERTY. Further, the SELLER does
not in any way warrant or guarantee the availability of any municipal permits or approvals for
the PROPERTY; it being the responsibility of the BUYER to apply for any required permits or
approvals.

. TRANSFER OF TITLE: The transfer of title to the PROPERTY shall take place at Nashua
City Hall, 229 Main Street, Nashua, NH 03161, on an agreed upon date, time being of the
essence (“CLOSING”).

. DISCLAIMER: Except as expressly provided in this Agreement, SELLER hereby disclaims all
warranties of any kind or nature whatsoever, whether express or implied and BUYER
acknowledges that it is not relying on any representations of any kind or nature made by
SELLER, or any of its employees or agents, with respect to PROPERTY.

. PRORATIONS: Not applicable.

. RECORDING FEES AND TRANSFER TAX: BUYER shall be responsible for all recording
fees and transfer taxes which may be assessed with respect to this conveyance.

10.

11.

12.

13.

ADDITIONAL PROVISIONS: The sale is contingent upon a vote of approval of the City of
Nashua Board of Aldermen.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties
relating to the subject thereof, and any prior agreements pertaining thereto, whether oral or
written, have been merged and integrated into this Agreement.

GOVERNING LAW AND VENUE: This Agreement shall be governed exclusively by the
laws of the State of New Hampshire and any claim or action brought relating to this contract
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.

EFFECTIVE DATE: This is a binding contract and the effective date is when signed and dated,
whether by electronic transfer or original, and all changes initialed and dated, by SELLER and
BUYER. This is a legal instrument. If not understood, legal, tax or other counsel should be
consulted before signing.

SELLER: City of Nashua, New Hampshire

By:
James W. Donchess, Its Mayor Date
BUYER: Southern New Hampshire Medical Center
By:
Date
Name:

Its:

AMENDED
R-17-139

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT
WITH ABSOLUTE BROADCASTING, LLC FOR A PORTION OF 1 PINE STREET
EXTENSION

CITY OF NASHUA

In the Year Two Thousand and Seventeen

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into the attached lease agreement, substantially in the form attached, with Absolute
Broadcasting, LLC for a portion of the property known as | Pine Street Extension, Nashua, New
Hampshire. The rental amount is one dollar ($1.00) per year. The term is for two (2) years with
two options to extend for additional two year periods.

LEASE AGREEMENT

THIS LEASE AGREEMENT made between the City of Nashua, 229 Main Street, Nashua, NH
(“LANDLORD”), and Absolute Broadcasting LLC, 141 Main Street
Nashua NH 03060, (“LESSEE”).

WHEREAS, LANDLORD is the owner of the building at 1 Pine Street Extension, Nashua, NH
(“Property”), which is not immediately required by the LANDLORD;

WHEREAS, the LANDLORD took possession of the building on the Property on December 7,
2016 following a landlord/tenant possessory proceeding pursuant to RSA Chapter 540 in the 9
Circuit, District Division — Nashua, City of Nashua v. Ultima Nashua Industrial Corp., Case
No.: 459-2016-LT-00276,

WHEREAS, upon inspection after possession, LANDLORD discovered radio transmission
equipment in the Property, which equipment belongs to LESSEE;

WHEREAS, LESSEE has requested to keep its radio transmission equipment in the Property and
wishes to lease the portion of the Property which houses the equipment on an “as is” basis; and

WHEREAS, LANDLORD is willing to comply with said request, provided that LESSEE, as a
condition to the occupancy of said premises, joins in the execution of this LEASE
AGREEMENT for the purpose of accepting each and every condition herein set forth during the
occupancy of said premises by the LESSEE.

NOW, THEREFORE, THIS LEASE AGREEMENT WITNESSETH THAT:
1. DEMISE OF THE PREMISES

1.01. For and in consideration of the rent and the mutual covenants hereinafter
stated, and the acceptance by the LESSEE of each and every term and condition herein set forth,
the LANDLORD hereby leases and demises to the LESSEE a portion of the Property which is
located at

1 Pine Street Extension, Nashua, New Hampshire and also described as Lot 77-30
on the City of Nashua’s Assessing Map. The leased premises consist of an
enclosed area on the building’s roof approximately 8 /% feet wide by 13 feet long.
Total square footage of the leased premise is 110 % (“Premises”). The Premises
includes the enclosure structure itself, including the walls, windows, roof, and
door.

2. TERM

2.01 The term of this LEASE AGREEMENT shall have a term of two (2)
years, commencing on November 1, 2017 and terminating on October 31, 2019. LESSEE
thereafter shall have the option to renew this LEASE AGREEMENT for two (2) additional two
(2) year periods by giving LANDLORD written notice thereof at least thirty (30) days prior to
the expiration of the initial term or of any subsequent renewal term.

3. RENT

3.01 The LESSEE shall be responsible to the LANDLORD for rent payments
in money. Rent shall be paid upon execution for the first year and annually on the first day of
November thereafter. This annual rent shall be $1.00 per year.

3.02 Payments shall be made to the “Treasurer, City of Nashua” and mailed to
the following address: Attention: Treasurer, 229 Main Street, P.O. Box 2019, Nashua, New
Hampshire 03061-2019.

4. QUIET ENJOYMENT

4.01 LANDLORD covenants and agrees that so long as the LESSEE is not in
default of any of the covenants and agreements of this LEASE AGREEMENT, LESSEE’s quiet
and peaceful enjoyment of the premises shall not be disturbed or interfered with by the
LANDLORD or any person claiming by or through the LANDLORD.

4.02 LANDLORD reserves the right and LESSEE agrees that LANDLORD
may relocate the Premises, with LESSEE’s prior consent, which consent shall not be
unreasonably withheld.

4.03 LANDLORD shall provide LESSEE with a key to enter 1 Pine Street
Extension which shall only be used for access to Premises.

5. USE OF PREMISES

5.01 The LESSEE shall use the Premises only for radio transmission equipment
and neither the Premises nor any part thereof shall be used at any time during the term of this
LEASE AGREEMENT by the LESSEE for the purpose of carrying on any other business,
professional or trade of any kind. The LESSEE shall comply with all laws, ordinances, rules and
order of appropriate governmental authorities affecting the safety, cleanliness, occupancy,
operation and preservation of the Premises during the term of this LEASE AGREEMENT.

5.02 No LESSEE or visitor or invitee of LESSEE may park any motorized
vehicle on any portion of the Property which is not designated specifically for parking. No
motor vehicles shall be stored upon Property.

5.03 LESSEE shall provide LANDLORD with the means to enter the Premises,
e.g. a copy of the key or code required for the lock to the Premises, upon execution of this
LEASE AGREEMENT and ensure that LANDLORD is provided any updates or changes to the
means of entrance to the Premises within 24 hours after such access is altered.

5.04 LESSEE’s use of the Premises shall not adversely effect LANDLORD’s
use, improvement or maintenance of 1 Pine St. Ext.

6. COMPLIANCE WITH LAWS

6.01 The LESSEE acknowledges that no trade or occupations shall be
conducted on the Premises or use made thereof which will be unlawful, improper, noisy or
offensive or contrary to any law or municipal by-law or ordinance in force.

6.02 The LESSEE shall obtain and maintain any and all permits necessary for
its use of the Premises.

7. ALTERATIONS & MAINTENANCE OF PREMISES

7.01 The LESSEE acknowledges that the Premises is located in an old mill
building which is currently used mainly to store machinery and other equipment. As such,
LESSEE takes the Premises as is and where is and LESSEE is solely responsible at its own
expense for any and all improvements or maintenance to the Premises to keep it fit for
LESSEE’s allowed use under this LEASE AGREEMENT.

7.02 Items to be included in maintenance shall include ice and snow removal
from walks and driveways and any other needed areas for LESSEE to access the Property and
the Premises.

7.03 The LESSEE shall be responsible for maintaining the Premises and any
improvements thereto during this tenancy. LESSEE agrees to be responsible for any and all
repair costs resulting from its use of the Premises. The LANDLORD shall not incur any
maintenance or repair costs as a result of this LEASE AGREEMENT.

8. ENTRY AND INSPECTION

8.01 The LANDLORD retains the right to enter the Premises in the case of an
emergency or to exhibit the Premises to prospective purchases or lessees, workmen, contractors
or others or when the LESSEE has abandoned or surrendered the Premises or whenever
necessary or advisable to determine the condition of the Premises. Whenever practical, the
LANDLORD shall provide the LESSEE with 24 hours notice prior to entry. The LANDLORD
or its agent may inspect the Premises a minimum of two (2) times in each calendar year. Any
indication of LEASE AGREEMENT violations shall be brought to the attention of the LESSEE
in writing with 30 days allowed for LESSEE to make necessary corrections.

9. ASSIGNMENT AND SUBLETTING

9.01 Without the prior written consent of the LANDLORD, the LESSEE shall
not

assign this LEASE AGREEMENT or sublet or grant any concession or license to use the
Premises or any part thereof. Consent by the LANDLORD to one assignment, subletting
concession or license shall not be deemed to be a consent to any subsequent assignment,
subletting, concession or license. An assignment, subletting, concession or license without the
prior written consent of LANDLORD or an assignment or subletting by operation of law, shall
be void.

10. UTILITIES
10.01 The LESSEE shall be responsible for arranging for the paying for any and

all utility services required on the Premises and for LESSEE’S use thereof, including but not
limited to electricity, heat, water and sewer.