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11. DANGEROUS MATERIALS

11.01 The LESSEE shall not keep or have on the Premises any article or nothing
of a dangerous, inflammable or explosive character that might increase the danger of fire on the
Premises or that might be considered hazardous or extra hazardous.

12. INSURANCE

12.01 The LESSEE shall carry during the lease term, at its own cost and
expense, the following insurance:

(a) Comprehensive General Liability insurance - $1,000,000 per
occurrence/$2,000,000 aggregate;

All required insurance policies shall name LANDLORD as an additional insured and must
provide that the termination, cancellation or modification of said policies will not occur without
at least thirty (30) days’ prior written notice to LANDLORD. LESSEE shall provide a certificate
of insurance to the City of Nashua Risk Management Department prior to signing this LEASE
AGREEMENT that includes language indicating the existence of these conditions.

13. HOLDOVER BY LESSEE

13.01 No holdover by LESSEE will be permitted. The LANDLORD and
LESSEE must execute a new lease upon expiration of an existing LEASE AGREEMENT in
order for the LESSEE to remain in possession of the premises.

14. DEFAULT

14.01 The LANDLORD shall determine what shall constitute a violation of the
provisions of the LEASE AGREEMENT or the failure of the LESSEE to otherwise abide by any
of the covenants herein contained and may order a discontinuance of the practices or the
performance of any of the work related to such default by giving the LESSEE thirty (30) days
notice in writing. Failure of the LESSEE to comply with the notice shall automatically give the
LANDLORD the right to terminate this LEASE AGREEMENT, evict the LESSEE and take full
and complete possession of the Premises.

15. TERMINATION OF LEASE AGREEMENT FOR CAUSE

15.01 In the event that the LESSEE shall default in the payment of any
installment of rent or other sum herein specified and such default shall continue for thirty (30)
days after written notice thereof, or if the LESSEE shall default in the observance or
performance of any other of the LESSEE’s covenants, agreements or obligations hereunder and
such default shall not be corrected within thirty (30) days of written notice by the LANDLORD
to the LESSEE specifying such default and requiring it to be remedied then, and in such an
event, LANDLORD may serve a written notice of termination of this LEASE AGREEMENT
upon the LESSEE and this LEASE AGREEMENT and the term hereunder shall terminate and
upon such termination LANDLORD may immediately or at any time thereafter, without demand
or notice, enter into or upon the premises and repossess the same.

15.02 If it becomes necessary for the LANDLORD to institute suit for eviction
or damages on account of rental arrears or violation of the terms of this LEASE AGREEMENT,
the LANDLORD shall be entitled to include in such suit for eviction or damages a claim for

attorney’s fees and court costs incident thereto which fees the LESSEE hereby covenants and
agrees to pay.

16. RIGHT TO TERMINATE FOR CONVENIENCE

16.01 The LANDLORD may terminate this LEASE AGREEMENT as a
result of its sale of Property, such termination to be 30 days prior to any transfer of title.
LANDLORD shall give LESSEE at least sixty (60) days’ notice, in writing, specifying in said
notice the day (and the time of day) of termination which shall be the date on which possession
of the Premises shall be surrendered

16.02 The LESSEE may terminate this LEASE AGREEMENT at any time by
giving at least thirty (30) days’ notice, in writing, specifying in said notice the day (and the time
of day) on which possession of the Premises will be surrendered. LANDLORD’S representative
shall have sufficient time to check the Premises prior to taking formal possession thereof. In the
event that the LESSEE shall terminate this LEASE AGREEMENT in accordance with the above
provisions, payment of rent shall cease at the end of the said thirty (30) day period or at the end
of the day on which possession shall be surrendered, whichever shall last occur.

17. SURRENDER OF THE PREMISES

17.01 In the event that the term or any extension thereof shall have expired or
terminated, the LESSEE shall peacefully quit and surrender to LANDLORD the Premises
together with all improvements, alternations or additions made by LESSEE which cannot be
removed without damaging the Premises. LESSEE shall remove all personal property and shall
repair any damage caused by such removal. LESSEE shall also return all keys and any copies of
keys to 1 Pine St. Ext at the end of the term or any extension thereof. LESSEE’s obligations to
observe or perform the covenants contained herein shall survive the expiration or termination of
this LEASE AGREEMENT.

18. INDEMNIFICATION AND RELEASE FROM LIABILITY

18.01 The LESSEE shall defend, indemnify and hold harmless the
LANDLORD, its officers, agents and employees, from and against any and all losses suffered by
the LANDLORD, its officers, agents and employees and any and all claims, liabilities or
penalties asserted again the LANDLORD, its officers, agents and employees by or on behalf of
any person on account of, based on or resulting from, arising out of (or which may be claimed to
arise out of) the acts or omissions of the LESSEE or from the use, alterations or maintenance of
the Premises. This covenant shall survive the termination of this agreement.

19. MISCELLANEOUS

19.01 LANDLORD’s Agents. All rights and obligations of LANDLORD under
this LEASE AGREEMENT may be performed or exercised by such agents as LANDLORD may
select.

19.02 Notice. Any notice by a party hereto to the other party shall be deemed to
have been duly delivered or given at the time of mailing by registered or certified mail, postdate
prepaid, in a United States Post Office to the address first listed above.

19.03 Extent of Instrument, Choice of Laws, Amendment, etc. This LEASE
AGREEMENT, which may be executed in a number of counterparts, each of which shall have

been deemed an original, but which shall constitute one and the same instrument, is to be
construed according to the Laws of the State of New Hampshire, is to take effect as a sealed
instrument, is binding upon, inures to the benefit of, and shall be enforceable by the parties
hereto and their respective successors and assigns, and may be canceled, modified, or amended
only by a written instrument executed and approved by the LANDLORD and LESSEE.

19.04 No Waiver of Breach. No assent, by either party, whether express or
implied, to a breach of covenant, condition or obligation by the other party, shall act as a waiver
of a right of action for damages as a result of such breach, or shall be construed as a waiver of
any subsequent breach of the covenant, condition or obligation.

19.05 Unenforceable Terms. If any terms of this LEASE AGREEMENT or any
application thereof shall be invalid or unenforceable, the remainder of this LEASE
AGREEMENT and any application of such term shall not be affected thereby.

19.06 Entire Agreement. This LEASE AGREEMENT embodies the entire
agreement and understanding between the parties hereto and supersedes all prior agreements and
understandings relating to the subject matter hereof.

19.07 Applicable Laws and Forum. This LEASE AGREEMENT shall be
governed exclusively by the laws of the State of New Hampshire and any claim or action brought
relating to this LEASE AGREEMENT, 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.

19.08 Taxes. Pursuant to NH RSA 72:23, LESSEE shall pay all properly
assessed real and personal property taxes no later than the due date. Failure of the LESSEE to
pay the duly assessed personal and real estate taxes when due shall be cause to terminate this
LEASE AGREEMENT by the LANDLORD. LESSEF’s obligation to pay such taxes extends to
real and personal property taxes on structures or improvements added by the LESSEE. If the
LESSEE fails to pay the duly assessed personal and real estate taxes on the due date, the tax
collector of the City of Nashua shall notify the LANDLORD that the same remains unpaid. Upon
receipt of said notification from the tax collector, the LANDLORD shall terminate this LEASE
AGREEMENT and pay over to the tax collector from amounts received from said lease such
sums as are necessary to satisfy the tax due.

IN WITNESS WHEREOPF, the parties hereto have set their hands as of the day and year first
above written.

{ Signature page follows}

LANDLORD:
CITY OF NASHUA

Date: By:

James W. Donchess, Mayor

State of New Hampshire
County of Hillsborough, SS

This instrument was acknowledged before me on , 2017 by James W.

Donchess as Mayor of the City of Nashua.

Justice of the Peace/Notary Public

LESSEE:
Absolute Broadcasting LLC

Date: By:
State of
County of , 98
This instrument was acknowledged before me on , 2017 by
as of Absolute Broadcasting

LLC.

Justice of the Peace/Notary Public

AMENDED
0-17-0351

ORDINANCE

ADDING ADDITIONAL STREETS TO THE OVERNIGHT ON-STREET PARKING
PROGRAM TEMPORARILY

CITY OF NASHUA

In the Year Two Thousand and Seventeen

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XHI “Night Parking” Section 320-78.1 “Overnight on-street parking
program in designated downtown areas” of the Nashua Revised Ordinances, as amended, be and
hereby is further amended by deleting the struck-through language, appropriately renumbering /
relettering subsequent items, and adding the new underlined language in the appropriate
alphabetical order:

“320-78.1. Overnight on-street parking program in designated downtown
areas.

There shall be a program for on-street overnight parking as described below.
A.
(1) Residents of the streets where overnight parking is permitted will be
allowed to purchase an annual permit, with a maximum number of 550

permits to be issued. Additionally, residents of the following locations are
also allowed to purchase annual permits:

(}— Ash Street, from Kinsley Street to Lake Street

E. The streets where overnight parking is permitted are as follows:

AMENDED

ORDINANCE O-17-051
Name of Street Location
Ash Street! East side, from Kinsley Street to Lake Street!
Auburn Street! North side between Charles Street and Locust

Street!

Belmont Street! South side!
Charles Street! East side, from Auburn Street to Fairmount Street!
Chestnut Street! East side, from Kinsley Street to Lake Street!
Fairmount Street! East side, from Amherst Street to Charles Street!
Franklin Street! South side, from Front Street to Locust Street!

'Permitted overnight parking on these streets or portions of streets is only authorized
through December 31, 2018.”

All ordinances or parts of ordinances inconsistent herewith are hereby superseded only to the
extent necessary to effectuate this legislation.

This ordinance shall become effective when the necessary signage and pavement markings are in
place.

AMENDED
O-17-052

ORDINANCE

AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE IT WHICH
INCLUDES THE ELM STREET AND HIGH STREET PARKING GARAGES FROM
DECEMBER 10, 2017 THROUGH JANUARY 5, 2018

CITY OF NASHUA

In the Year Two Thousand and Seventeen

The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XI “Parking Meters”, Section 320-47 “Parking meter and reserved space
fees; permits; meter bags”, subsection A of the Nashua Revised Ordinances, as amended, be
hereby further amended by deleting the struck-through language and adding the new underlined
language as follows:

Ҥ 320-47. Parking meter and reserved space fees; permits; meter bags.

A. The parking fee for all ...

(1)...
(2)...
(3)...

(a) The parking fees in Subsection A(3) above, which includes the
metered spaces in the Elm Street and High Street parking garages,

shall not be enforced from December, 2016 through January 2,

2017-December 10, 2017 through January 5, 2018.”

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

This ordinance shall become effective upon final passage.

PETITION
FOR
STREET DISCONTINUANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Article Ill, Sections 23-25, the
undersigned requests that the following described portion of:

Amherst Street, formerly utilized as part of the “jug handle”, which has been
reconfigured into a fully-signalized intersection. Said portion of land contains
approximately 6,831 square feet (the “Parcel”) and is located between 270 Amherst
Street and Amherst Street. The Parcel is cross-hatched on the Plan Submittal. Upon
approval of this Petition, the Parcel will be joined with the adjacent parcel known as
270 Amherst Street and will be discontinued from public dedication or use:

PETITION/STREET DISCONTINUANCE:

The street discontinuance is being petitioned by: 4 fa) Ame ls7T $7.. LLC
io /

V8 [- § 75 - 3308 Gs SAxow Pant wees Lb

: Telephone Number Petitioner

(iis [17 2s Recreation bank Dave
, ' Date Address

Hi peuanr MA. G2642

The petitioner has submitted a reproducible plan of the proposed street discontinuance showing the
abutting owners, the location of the new proposed property lines, any existing utilities and the new
bounds to be set.

Plan and Petition received Spee eee | / (5 | Lol)
/ Pu +44 ITY CLERK DATE

The foregoing petition ( ) is ( ) is not The foregoing petition ( )is( ) is not
Recommended for approval: recommended for approval:
CITY ENGINEER DATE CHAIRMAN, NASHUA PLANNING BOARD DATE

Petition introduced at Board of Aldermen Meeting

DATE

Public Hearing conducted by the Committee on Infrastructure:

DATE TIME PLACE

In accordance with Chapter 285, Article Ill, Sections 23-25, the foregoing petition was granted,
conditional on the petitioner’s recording the plan in the Hillsborough County Registry of Deeds,
by the Board of Aldermen and Mayor on .

DATE

Attest:

DATE CITY CLERK

REV 08/13

35 PM EST

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TMERST STREET

TAX Le E, LOT 2197 PLAN REFERENCE

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aetna Gs oreez tora Maange ORE ng
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101 A, NASHUA, NH.”

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LOT UNE AQWISTMENT=

TOTAL AREA AFTER
LOT UNE ADJUSTMENT=
27,550 SF OF
Bas er

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174 COLONY PLAC,
PLYMOUTH, MA 07-560

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CERTIFICATION:

ris Te,
Nes

MALSA EMGS AND STANOARDS.

DISK 315-1050

SDAISIMENT PLAT, MAP E, LOTS 1228, 288 & 2138, AMMERST STREET, ROUTE
DATED UNE 9, 2018. SCALE T— Sd PREPARED

| SERTEY THAT TH PLAT WAS PREPARED UNDER MY RECT SURERUSION, THAT
Twat De Tae 23 ore Mand OF

NOVEMEER 25,
HRD. 38223.

BY JONES &

NASHUA AIRPORT

27S AMERST ST OC DATE

“APPROVED BY THE CITY OF NASHUA
PLANNING BOARD

‘SECRETARY DATE
CHAIRMAN “Date

APPROVED BY THE CITY OF NASHUA
:D OF ALDERMEN

CRY CLERK ‘DATE 4
<a LOCUS scate: +=
NOTES
“THE PURPOSE OF THS PLAT IS TO SHOW THE STREET DISCONMRUANGE OF THE
CALLED AMHERST STREET JG HANOLE AND THE RESULTING LOT UNE

ADQUSTMENT BETWEEN THE CTY OF WASHUA'S AMWERST STREET RIGHT OF Way
AND THE ABUTTING LAND OWN

2. ME OWNER OF RECORD OF LOTS 266 AS SHOWN ON TAX WAP E IS 270 AMMERST
STREET, LLC. REFERENCE 4.0.8.0. BOOK B58, PAGE 408.
3. HORIZONTAL DATUM (5 GRID,
4. ZONG DISTRICT: WOHWAY BUSHES ZONE. (ALLOWED USE)
‘MRGMUM COT
wei or won 100"
AHNIUUM LOT FRONTAGE = 80"
BOLDIN SE secu {uron
Sor SeTeAxe = 10
|ACK =
5, LOT 268 IS SERVICED BY MUNICIPAL, SEWER AND PENNICHUCK WATER WORKS.
6 RESEARC WAS PERFORMED AT. IME CITY OF WASHUA ASSESSORS OFFICE, THE
HILLSBOROUGH COUN
2 AX MAP AND LOT NUMBERS ARE BASED ON THE TOWN OF NASHUA TAX

RECORDS AND ARE SUBECT

8. ALL BOOK AND PAGE NUMGERS REFER TO THE HILLSBOROUGH COUNTY REGISTRY

OF DREDS.

9 SERTAN DATA NEREGN Wa¥, VARY FROM RECORDED DATA DUE TO DETERENGES Wt
NATION, ORIENTATION, AND METHOOS OF UEASURGWEN

10, THIS SURVEY 15 NOT A CERTION OMBERSHIP OR TITLE OF LANDS SHOWN.
DUNERSHIE AND CNOMGRANCES RCE MATICNS OF TILE EXAMINATION NT OFA
BOUNDARY SURVEY, THE AITENT OF TASS PLAT BS TO RETRAGE THE

LINES OF DEEDS REFERENCED

11, QMNERSHP OF AD.RHNG PROPERTIES 1S ACCORONG TO. ASSESGOR'S RECURS,
THIS PLAT MAY OF MAY HOT INDICATE A(L EMCLMBRANGES EXPRESSED. MPLIED
NY USE OF SUIS FLAT ND OF ACGOMPANTING ESOT HONS
SHOULD BE GAL COUNSEL TO BE CERTAIN THAT TILES ARE CLEAR,
Dat Sidaton CS CURRENT: AND THAT ANY NECESSARY CETTIFIGATES ARE W
"ARTICULAR CONVEYANCE, OR OTHER USES.

12 THE SURVEY TE LINES SHOWN ON THIS PLAT ARE NOT SOUNDARY LINES,
Gidy SHOULD BE USED TD LOCATE THE: PARCEL SURVEYED FROW THE POUND
MONUMENTS SHOWN AND LOCATED BY

43, Local SIZE, TYPE, DOSTENCE OR (OF UNDERGROUND
ohne Boo UNDERGROUND STOGAGE TANKS WAS NOT VERTED BY PAS

14. ALL SURFACE EVIDENCE OF UNDERGROUND UTILITIES SHOWN ON THIS PLAN (C8
SMH, ELEC. RAN, ETC) WERE LOCATED BY THIS SURVEY.
OF FACILITIES a LILITIES HAVE GEEN PLOTTED
RECORDS, AN0, THEREFORE THER LOGANONS. MUST BE GONSDERED APPR

NY, THERE SUATHE GIVERS THE EAGTENCE OF WHiCN 1S PRESENTLY NOT

15. ORG SURVEY BERFORUED WAT & TOPCON, STS-254 BETWEEN, AINE 18
ee a BUCY 25, BOLE AND HAS & GONTROL TRAVERSE ERROR OF CLOSURE OF

5. PARCFLS ARE LOCATED WF DETERMINED 10 BE OUTSIE
Oak Aah see RODOPLANT AS WNOICATED OW RO MAP
FOSOTICOSTIO PANEL B13 OF TOL, EIFECTNE GATE SEPTEMBER 25, 2008,

17. WE UMITS OF JURISDICTORAL VETLANS VERE, OELNEATED BY CHRISTOPHER 5.
ALBERT OF JONES & ENGNEERS, INS, DURING JUNE, 2013.
ARE 8/6" (RON RODS WITH ALUMINUM CAPS MARKED "JONES

AS, MONUMENTS SET c
IAM NH." AS. SHOWN.
Or nouunas CTE & BEACH ENGINEERS BOUNDARY DO NOT DSTURS STRATHAM, N.

AND AS 08 UNADJUSTED 48. ALL

OKs permeo N SECON 42 OF |

WIS SURVEY CONFORMS TO A CATEGORY 1 CONDITION 1 SURVEY AS DEFINED IN
SECTION 4.7 OF THE NHLS.A ETHICS AND STANOARDS.

LOT AREAS
MAP E, LOT 268
230.728 SQ. FT. OR $.90 ACRES

OWNERS OF RECORD
MAP E LOT 250

270 AMMEAST STREET. LLC
174 COLONY PLACE
PLYMOUTH, MA 02360

AMHERST SIREET NH ROUTE 101A
IABLE WITH 3IGHT OF Wa

DAVID M. COLLIER, LLS 892
ON BEHALF

OF JONES & BEACH ENGINEERS, INC.

hfale AMHERST STREET PROJECT PARCEL
CITY OF NASHUA, NH
DATE: 229 MAIN STREET MAP 6, LOT 268

NASHUA, NH 05060

[ Braff OMT
‘Ghacked: BMC} Seale: AS NOTED}
Drawing Name: 101

Project No.: 70189

F:\bund Projects 2\40189-NASHUA~ AMH

THiS PLAN SHALL NOT BE MODIFIED WITHOUT ¥AAITIEN
PERMISSION FROM JONES & BEACH ENGINEERS, INC. (JBE]
ANY ALTERATIONS, AUTHORIZED OA OTHERWISE. SHALL BE
AT THE USE®'S SOUE FISK AND WITHOUT LIABILITY TO JBE.

Jd R Jones & Beach Engineers, Inc.

wi neori ; (009-772-4746
Civil Engineering Services englcg
E-MAIL: JE@JONESANDBEACH.COM

85 Portamoul Ave.
PO Box 219
Stratham, NH 03885

REVISION

STREET DISCONTINUANCE & LOT LINE ADJUSTMENT DRAWING No
Survey & Plat: HERST a AIGHT OF WAY.
. wae mei
Project AMHERST STREET, ROUTE 1ot 101 A,NASHUA, NH LLA
Owner ' BO EMCOLONY PLAGE BowANstneey SHEET 10F 1
's of Record: enone TA. NH DSG00 JOE PAQECT NO. 10189