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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 4 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 | 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,

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

C. Potential for Hazardous Materials:

Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-containing
or other hazardous materials. Should the CONTRACTOR, while performing work under this Contract, uncover
hazardous materials, as defined in federal, state and local regulations, he/she shall immediately notify the ENGINEER.
No further disturbance of the area shall occur until the ENGINEER has collected and analyzed a representative sample
of the suspected material. The area shall be cordoned off and covered with 6-mil polyethylene sheeting and await
further directions from the ENGINEER.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site that is
uncovered or revealed either:

1. Ils of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as provided
in paragraph 4.02 is materially inaccurate; or

2. Is of such a nature as to require a change in the Contract Documents; or
3. Differs materially from that shown or indicated in the Contract Documents; or

4. ls of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized
as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly
after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing
any Work in connection therewith (except in an emergency as required by paragraph 6.16.A)}, notify OWNER and
ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any
Work in connection therewith (except as aforesaid) until receipt of written order to do so.

B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of OWNER’s obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’S findings and conclusions.

C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of
such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR’s cost of, or time
required for, performance of the Work; subject, however, to the following:

a. Such condition must meet any one or more of the categories described in paragraph 4.03.A; and

b. With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.08 and 11.03.

2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract; or

b. The existence of such condition could reasonably have been discovered or revealed as a result of any
examination, investigation, exploration, test, or study of the Site and Contiguous areas required by the Bidding

GC-13 0f55

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. LESSEE’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 WHEREOF, 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 ,38
This instrument was acknowledged before me on , 2017 by
as . of Absolute Broadcasting
LLC.

Justice of the Peace/Notary Public

7:00 PM

FINANCE COMMITTEE
NOVEMBER 15, 2017

Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
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Dan Kooken, Purchasing Manager
NPD Extra Duty Solutions (Value: $0.00); Department: 150 Nashua Police Department
Fund: Special Revenue/Revolving Funds

Dan Kooken, Purchasing Manager

Purchase of Nashua Police Department Bulletproof Vests (Value: $37,995)

Department: 150 Police; Fund: 50% from 2016 and 2017 Bulletproof Vest Partnership Grant
and 50% from NPD Protective Clothing

Dan Kooken, Purchasing Manager
Purchase of Rope Equipment Replacement (Value: $46,222)
Department: 152 Fire; Fund: Department of Homeland Security Assistance to Firefighters Grant

Dan Kooken, Purchasing Manager
Purchase of Rope Replacement Hands on Training (Value: $39,600)
Department: 152 Fire; Fund: Department of Homeland Security Assistance to Firefighters Grant

Dan Kooken, Purchasing Manager
Quadrant Funds Contribution for Construction of Sidewalk on Northeastern Blvd
(Value: Not-To Exceed $40,000); Department: 160 Admin/Engineering; Fund: Trust

Dan Kooken, Purchasing Manager
Purchase Winter Road Sand (Value: $16,000); Department: 161 Streets; Fund: General

Dan Kooken, Purchasing Manager
Headworks Upgrade Project - Change Order #7 (Value: $62,673); Department: 169 Wastewater

Fund: SRF Loan

Dan Kooken, Purchasing Manager
SCADA Upgrades Project - Construction (Value: $591,280): Department: 169 Wastewater
Fund: WERF

Dan Kooken, Purchasing Manager
Digester Cleaning Project — Co-1 (Value: $48,400); Department: 169 Wastewater
Fund: Wastewater

Mayor Jim Donchess
Park and Ride, 25 Crown Street

UNFINISHED BUSINESS — None
NEW BUSINESS — RESOLUTIONS

R-17-143
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman Tom Lopez
Alderman Richard A. Dowd
APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH THE NASHUA ASSOCIATION
FOR THE ELDERLY

NEW BUSINESS — ORDINANCES — None
TABLED IN COMMITTEE
Communications
From: Dan Kooken, Purchasing Manager
Re: Purchase of Two Replacement Trades Vehicles and Portable Compressor (Value: $114,394)
e Tabled — 10/18/2017
Resolutions
R-17-139
Endorser: Mayor Jim Donchess

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

© Tabled —- 10/18/2017
RECORD OF EXPENDITURES

PUBLIC COMMENT
DISCUSSION
NON-PUBLIC SESSION

ADJOURNMENT