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Board Of Aldermen - Agenda - 2/25/2020 - P38

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
38
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

STATE AND LOCAL
GOVERNMENT ADDENDUM

EQUIPMENT FINANCE AGREEMENT #

Addendum to Agreement # , dated February _ \
Equipment Finance, a division of U.S, Bank National Association, as Lessor.

The parties wish to amend the above-referenced Agreement by adding the following language:

REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (a) you have
been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of your governing body to
execute and deliver this Agreement and to carry out your obligations hereunder; (b) all legal requirements have been met, and
procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement: (c) this
Agreement is in compliance with all laws applicable to you, including any debt limitations or jimitations on interest rates or
finance charges; (d) the Equipment will be used by you only for essential governmental or proprietary functions of you
consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal
government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during
the term of this Agreement; {e) you have funds available to pay contracted Payments until the end of your current
appropriation period, and you intend to request funds fo make contracted Payments in each appropriation period, from now
until the end of the term of this Agreement; and (f) your exact legal name is as set forth on page one of this Agreement,

NON-APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make contracted Payments or any
other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed, this
Agreement shail terminate and you shall not be obligated to make contracted Payments under the Agreement beyond the
then-current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the
fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to us. If you fail to
deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the
extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of
contracted Payments thereafter coming due that is attributable to the number of days after the termination during which you
fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required.
You shall notify us in writing within seven days after your failure to appropriate funds sufficient for the payment of the
contracted Payments or (fo the extent required by applicable law) this Agreement is not renewed, but failure to provide such
notice shall not operate to extend the Agreement term or result in any jiability to you.

TITLE ¥O THE EQUIPMENT: If the selected purchase option for this Agreement is $1.00 or $101.00, unless otherwise
required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest

under this Agreement,
The parties wish to amend the above-referenced Agreement by restating the following language:

Any provision in the Agreement stating this Agreement supersedes any invoice and/or purchase order is hereby amended and
restated as follows: “You agree that the terms and conditions of the Agreement and any supplement or schedule thereto and
any related acceptance certificate constitutes the entire agreement regarding the financing or lease of the Equipment and
supersedes any purchase order, invoice, request for proposal or other related document.”

Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased,
returned or a notice requirement is satisfied is hereby amended and restated as follows: “This Agreement will renew for
month-to-month terms unless you purchase or retum the Equipment (according to the conditions herein) or send us written
notice at least 30 days (before the end of any term) that you do not want it renewed.”

10462 REV 01/14 Page 1 of 2

Page Image
Board Of Aldermen - Agenda - 2/25/2020 - P38

Board Of Aldermen - Agenda - 2/25/2020 - P39

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
39
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: "We
may sell, assign, or transfer this Agreement without notice fo or consent from you, and you waive any right you may have to

such notice or consent.”

Any provision in the Agreement stating that you grant us a Security interest in the Equipment to secure all amounts owed fo us
under any agreement is hereby amended and restated as follows: “To the extent permitted by law, you grant us a security
interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a UCC-1

financing statement or be named on the vehicle title to show our interest.”

Any provision in the Agreement stating that you shall indemnify and hoid us harmless is hereby amended and restated as
follows: “You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However,
as between you and us, and to the extent permitted by law and legally available funds, you shall bear the risk of loss for, shall
pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising
under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof,
except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages
or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with
the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct.”

Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be
an event of default under the Agreement is hereby amended and restated as follows: “You will be in default if: (i) you do not
pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the
covenants, terms and conditions of this Agreement, (ii) you make or have made any false statement or misrepresentation to
us, (iii) you dissolve, terminate your existence or file bankruptcy, or (iv) there has been a material adverse change in your

financial, business or operating condition,”

Any provision in the Agreement stating that you shall pay our attorneys’ fees is hereby amended and restated as follows: “In
the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the
extent permitted by law and to the extent of legaily available funds, our reasonable attorneys’ fees (including any incurred
before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any

collection agency fee.”

Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default,
failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent

permitted by law and legally available funds.

Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such
jurisdiction and venue is hereby amended and restated as follows: “This Agreement will be governed by and construed in
accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal

court in such state and waive the defense of inconvenient forum.”

By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such
changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on

Customer.
U.S, Bank Equipment Finance City of Nashua
Lessor Customer
x
Signature Signature
James W. Donchess Mayor Feb. , 2020
Title Date Title Date

NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED
TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.

10162 REV 01/14 Page 2 of 2

Page Image
Board Of Aldermen - Agenda - 2/25/2020 - P39

Board Of Aldermen - Agenda - 2/25/2020 - P40

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
40
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

APPLICATION NO, AGREEMENT NO.

Lease Agreement

EQUIPMENT FINANCE

The words Lessee, you and your refer io Customer. The words Lessor, we, us and our refer to U.S. Bank Equipment Finance, a division of U,S,
Bank National Association ("U.S. Bank Equipment Finance")

STREET ADDRESS

City Of Nashua 229 Main St

CITY STATE ZIP PHONE FAX
Nashua NH 03060 603-589-3183

BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS

city STATE ZIP E-MAIL

EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)

NAME OF SUPPLIER

Conway Office Solutions 10 Capitol Street

ciry STATE ZIP PHONE FAX

Nashua NH 03063 800-343-7777 603-889-4275

MAKE/MODELIACCESSORIES SERIAL NO.
xerox Color PrimeLink C9065

together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation,
insurance recoveries.

f"] See attached Schedule 4

0 Payments* of $ 0.00 The payment (“Payment’) pariod is monthly unless otherwise indicated, “plus applicable faxes

You will have the following option, which you may exercise at the end of the term, provided that no event of default under this Agreeme
Value means the value of the Equipment in continued use. Purchase all of the Equipment for its Fair Market Value, renew this Agreement, or return the & ipment,

Upon acceptance of the Equipment, THIS AGREEMENT IS NONCANGELABLE, IRREVOCABLE AND CANNOT BE TERMINATED.

U.S, Bank Equipment Finance

LESSOR SIGNATURE TITLE DATED

UT ‘OF, CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND
CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO. You acknowledge and agree that the Equipment has bean delivered to you and you
hereby accept such Equipment on an "AS-IS, WHERE-IS" basis for all purposes as of the date hereof. Upon you signing below, your promises herein will ba non-cancelable, irrevocable
and uncenditional in all respects,

CUSTOMER (as referenced above} SIGNATURE TITLE DATED
FEDERAL TAX LD. # PRINT NAME
271242 Page 1 of 2 Rey, OS/O1/2017

Page Image
Board Of Aldermen - Agenda - 2/25/2020 - P40

Board Of Aldermen - Agenda - 2/25/2020 - P41

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
41
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

4. AGREEMENT: You agree to lease from us the goods ("Equipment") and, if applicable, finance certain software, software jicense(s), software components and/or professional services in connection with software
(collectively, the “Financed Items,” which are included in the word “Equipment” unless separately stated) from software [fcensor(s) and/or supplier(s) (collectively, the “Supplier, all as described in this Agreement and
in any attached schedule, addendum or amendment hereto (“Agreement’}. You sepresent and warrant that you wil use the Equipment for business purposes only. You agree to all of the terms and conditions
contained in this Agreement, which, with the acceplance certification, is the entire agreement hetween you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal,
response of other related document. This Agreement becomes valid upon execution by us. The term shall start on the date we pay Supplier. Interim rent/due date adjustments will be in an amount equal to 1/30th of
the Payment, multiplied by the number of days between the Agreement starl date and the first Payment due date, if any provision of this Agreement is declared unenforceable, the other provisions herein shall remain
in full force and effect to the fullest extent permitted by law.

2, OWNERSHIP; PAYMENTS; TAXES AND FEES: We own the Equipment, excluding any Financed Items. Ownership of any Financed stems shail remain with Supplier thereof, You will pay all Paymeals, as
adjusted, when due, without notice or demand and without abatement, set-off, counterclaim or deduction of any amount whatsoever. If any pari ofa Paymentis more than 5 days fate, you agree to pay a late charge of
40% of the Payment which Js late or, ifless, the maximum charge allowed by law. The Payment may be adjusted proportionately upward or downward: (j} ifthe shipping charges or taxes differ from the estimate given
to you; and/or (il) fo comply with the tax laws of the state in which the Equipment is iocated. You shall pay all applicable taxes, asseasments and penalties related to this Agreement, whether levied or assessed on this
Agreement, on us (except on our income) or you, er on the Equipment, its lease, sale, ewnership, possession, use or operation. If we pay any taxes or other expenses that are owed hereunder, you agree lo relmburse
us when we requesi and fo pay Us a processing fee for each expense we pay on your behalf, You agree to pay us a fee of $35.00 for filing and/or searching costs required under the Unifonm Commerciat Code
("UCC") or other laws. You agree to pay us an origination fee of $99.00 for all closing costs, We may apply all sums received from you ta any ameunts due and owed to us under the terms of this Agreement. If for
any reason your check is returned for Insufficient funds, you will pay us a service charge of $30 or, if less, the maximum charge allowed by Jaw. We may make a profil on any fees, estimated tax payments and other
charges paid under this Agreement.

3, EQUIPMENT; SECURITY INTEREST: At your expense, you shall keep the Equipment: (i) in good repair, condition and working erder, In compliance with applicable laws, ordinances and manufacturers’ and
fagulatory standards; {i} free and clear of all tiens and claims; and {iii} at your address shown an page 1, and you agree not to move it unless we agree In writing, You grant us a security Interest ir the Equioment to
secure all amounts you owe us under any agreement with us, except amounts secured by land and buildings in addition to the Equipment. You authorize and ratify our filing of any financiag statement(s}. You will not
change your name, state of organization, headquarters or residence wilhout providing prior writlen notice to us. You will notify us within 30 days if your stale of organization revokes or terminales your exislence,

4, INSURANCE; COLLATERAL PROTECTION; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against all risk, wilh us named as lender's Joss payee, in an amount not less than
the full replacement value of the Equipment until this Agreement is terminated. You also agree to maintain liability insurance with such coverage and from such insurance carrier as shall be satisfactory 1o us and to
include us as an acdilional insured on the policy. You will provide written notice to us within 10 days of any modification or canceljation of your Insurance policy(s), You agree to provide us certificates or other
evidence of Insurance acceptable to us, if you do not provide us with acceptable evidence of property insurance within 30 days after the starl of this Agreement, we may, at our sole discretion, charge you a monthly
property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be furlher described on a etter from us to you. We may make a profit on this
program, NOTHING IN THIS PARAGRAPH WiLL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are nol responsible for, and you agree to hold us harmless and
reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way selated to delivery, installation, possession, ownership, leasing, manufacture, use,
condition, inspection, removal, return or storage of the Equipment. All imdemnities will survive the expiration or termination of ihls Agreement. Yau are responsible for ary loss, thefl, destruction or damage to the
Equipment (‘Loss”), regardless of cause, whether or nol insured. You agree to promptly nolify us in writing of any Loss, Ifa Loss occurs and we have not otherwise agreed in writing, you will promptly pay 4 us the
unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value of the Equioment, both discounted to present value at 2%. Any proceeds of insurance will be
paid to us and credited against the Less. You authorize us to sign on your behalf and appoint us as your attomey-in-fact to endorse in your name any insurance drafis or checks Issued due to @ Loss,

5. ASSIGNMENT: YOU SHALL NOT SELL, TRANSFER, ASSIGN, ENCUMBER, PLEDGE OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. You shall not
consolidate or merge with or into any other entity, cistribute, sell or dispose of all or any substantial portion of your assets other than in the ordinary course of business, without our prior written consent, which shall not
be unreasonably withheld, and the surviving, or successor entity or the iransferee of such assets, as ihe case may be, shall assume all of your obligations under this Agreement by @ written instrument acceptable to
us. No event shall occur which causes or results Ina transfer of majority ownership of you while any obligations are outstanding hereunder. We may sell, assign, or transfer this Agreement without notice to or consent
from you. You agree that if we self, assign or transfer this Agreement, our assignee will have the same zights and benefits that we have now and will not have to perform any of aur obligalions, You agree that our
assignee will not be subject to any clalms, defenses, or offsets that you may have against us. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors

and assigns,

6, DEFAULT AND REMEDIES: You will be in default if; (i} you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any
other agreement with us or any of our affiliates: (ii) you make or have made any fafse statement or misrepresentation to us; (ill) you or any guarantor dies, dissalves, liquidates, terminates existence or is in bankruptcy;
{iv} you of any guarantor suffers a material adverse change in ifs financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in defaull, al our option,
we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to
present value at 2%. We may recover defaull interest on any unpaid amount at the rate of 12% per year. Concurrently end cumulatively, we may also use any remedies available to us under the UCC and any other
law and we may require that you immediately stop using any Financed llems. [f we lake possession of the Equipment, you agree 1o pay the costs of repossession, moving, slorage, repair and sale. The net proceeds
of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this
Agreement or any related agreement, you agree fo pay our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual courl costs and any alher collection costs,
including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR CMISSION BY ANYONE.
Any delay or failure to enforce aur rights under {his Agreement will not prevent us trom enforcing any rights ala later time. You agree that this Agreement is a "Finance Lease" as defined by Arlicle 2A of the UCC and
your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 24-508 through 622 of the UCC. IFinterest is charged or collected in excess of the maximum lawful rate, we
will refund such excess ta you, which will be your sole remedy,

7. INSPECTIONS AND REPORTS: We have the right, al any reasonable time, to inspect the Equipment and any documents relating fo its installation, use, maintenance and repair. Within 30 days aéler our request,
you will deliver all requested information which we deem reasonably necessary to determine your current financial condition ard faithful performance of the terms hereof. Financial infermation wil generally not be
required unless your exposure with us exceeds $1,000,000, Unless clherwise accepted by us, each financial statement shall be prepared in accordance with generally accepted accounting principles consistently
applied and shall fairly and accurately present your financial condition and resulls of operations for the period to which it pertains. You authorize us to cblaln credit bureau repor's for credit and collection purposes and
{o share them with our affiliates and agents.

8. END OF TERM: Unless the purchase option is $1.00, at the end of the initial term, this Agreement shall renew for successive 12-month renewal term(s) under the same terms hereof unfess you send us written
nolice between 90 and 150 days before the end of the inital term or al feast 30 days belore the end of any renewal term that you want fo purchase or return the Equipment, and you timely purchase or return the
Equipment. You shall continue making Payments and paying all olher amounts due until the Equipment is purchased or returned. As long as you have given us the required written notice, if you do not purchase the
Equipment, you will retum all of the Equipment to a Tocation we specify, at your expense, in retail re-saleable condition, full working order and complete repair. YOU ARE SQLELY RESPONSIBLE FOR REMOVING
ANY DATA THAT MAY RESIDE IN THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO HARD DRIVES, DISK DRIVES OR ANY OTHER FORM OF MEMORY.

9, USA PATRIOT ACT NOTICE: To help the government fight the funding of tervarism and money laundering activities, federal law requires all financial institulions to obtain, very, and record information that
identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and other information that will allow us 40 identify you. We may also ask to see

other documents that substantiate your business identity,

40, MISCELLANEOUS: Unless cthervise stated in an addendum hereto, the parties agree that: (i} this Agreement and any elated documents hereto may be authenticated by electronic means; (f) the “original” of
this Agreement shall be the copy thal bears your manual, facsimile, scanned or electronis signature and that also bears our manually signed signature and is held by us; and (ii) to the extent this Agreement constitutes
chattel paper (as defined by the UCC), a security interest may only be created in the original. Notwithstanding the foregoing, (j) for evidentiary purposes, any faxed, scanned or electronic copy of this Agreement may
be considered the original, and you waive the right to challenge in court the authenticity or binding effect of any such copy or signature thereon; and (ji) we reserve the right to require you to sign any instrument
macually and to deliver to us an original of such decument, You agree to execute any further documents that we may request 49 carey out the intents and purposes of this Agreement. All notices shall be mailed or
delivered by facsimile transmission or overnight courier to the espactive parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time fo time. By providing us
with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but rot limited
to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system, fom us and our affiliates and agents at that number. This express consent applies to each
such ‘elaphone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider. You authorize us to make
non-material amendments {including completing and conforming the description of the Equipment} on any document ia connection with this Agreement. Unless staled otherwise herein, all other modifications {o this
Agreement must be in writing and signed by each party or in a duly authenticated electronic record. This Agraement may not be modified by course of performance.

41. WARRANTY DISCLAIMERS: WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. WE DO NOT
TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT, SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING
SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST
ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY,
ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND
ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT JN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

42. LAW; JURY WAIVER: This Agreement will be governed by and construed in accordance with Minnesota law. You consent te jurisdiction and venue of any stale or federal courl in Minnesota and walve the
defense of inconvenient forum. For any action arising out of or relating to this Agreement er the Equipment, BOTH PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY.

24942 Page 2 of2 . Rev. 08/01/2017

Page Image
Board Of Aldermen - Agenda - 2/25/2020 - P41

Finance Committee - Agenda - 2/2/2022 - P84

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Fri, 01/28/2022 - 14:16
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/02/2022 - 00:00
Page Number
84
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020220…

22.

23.

24.

25.

26.

Professional Consultant shall have the right, in order to avoid such claims or actions, to
substitute at its expense non-infringing materials, concepts, products, or processes, or to
modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional
Consultant shall notify the City of Nashua in writing of the date of the completion of the
work and request confirmation of the completion from the City of Nashua. Upon receipt
of the notice, the City of Nashua shall confirm to Professional Consultant in writing that
the whole of the work was completed on the date indicated in the notice or provide
Professional Consultant with a written list of work not completed. With respect to work
listed by the City of Nashua as incomplete, Professional Consultant shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shall be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

TAXES Professional Consultant shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Professional Consultant hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this
contract shall be considered waived by the City of Nashua. There shall be no waiver of
any past or future default, breach, or modification of any of the terms and conditions of the
contract unless expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Consultant shall not allow any officer or employee
of the City of Nashua to have any indirect or direct interest in this contract or the proceeds
of this contract. Professional Consultant warrants that no officer or employee of the City
of Nashua has any direct or indirect interest, whether contractual, noncontractual, financial
or otherwise, in this contract or in the business of Professional Consultant. If any such
interest comes to the attention of Professional Consultant at any time, a full and complete
disclosure of the interest shall be immediately made in writing to the City of Nashua.
Professional Consultant also warrants that it presently has no interest and that it will not
acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this contract. Professional
Consultant further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was
not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.

GC 11 of 13

Page Image
Finance Committee - Agenda - 2/2/2022 - P84

Board Of Aldermen - Agenda - 2/25/2020 - P42

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
42
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

® Pianning 603-589-3090
C 1 ty 0 f N as h ua Fire Marshal Office 603-589-3460

Addressing Committee GIS Department
229 Main Street Nashua Police Department
Nashua, New Hampshire 03061-2019 Legal Department

Street Re-Numbering Petition

To: Aldermen, Alderwomen and Mayor

From: Adam Pouliot, Fire Marshal; Captain Thomas Bolton Jr.; Pam Andruskevich, GIS
Tech.; Sarah Marchant, CDD Director; Marcia Wilkins, Planner I; Celia Leonard,
Esquire.

RE: Sheet 103/Lot 103 Almont St

In Accordance with RSA 231:133-a and NRO 190-213, the Board of Alderman have the
sole authority to assign or alter address numbers of buildings and other property along
any public or private way in the municipality. The New Hampshire Addressing Standards
Guide developed by NH E91 Idefines the universal safety standards for addressing in NH.
The City of Nashua has been notified by the Division of Emergency Services and
Communications that collection of data has begun in the City in March of 2019.

The request before you is to assign a numerical address where no compliant address is
available with the current NH E911 Standards. This lot of record has been granted
variances from the City of Nashua Zoning Board of Adjustment to construct a single
family residence.

It is this Committee’s strong recommendation to continue to move forward in a way that
will not create a noncompliant situation for future residents. We recommend 26 Almont
St (sheet 103-lot 97) be renumbered to 24 Almont; 28 Almont St (sheet 103-lot 101) be
renumbered to 26 Almont; and sheet 103 lot 103 be numbered 28 Almont St.

We would further recommend a less compliant but acceptable numbering of sheet 103 lot
103 to 28 4 Almont St. We do not recommend using the letter A as an assigned address
as this is reserved for Accessory Dwelling Units.

Respectfully submitted,
Addressing Committee

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Board Of Aldermen - Agenda - 2/25/2020 - P43

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Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
43
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October 11, 2019

City of Nashua — Board of Aldermen
229 Main Street
Nashua, NH 03060

Re: Petition for Street Number Assignment for — Tax Map 103 Lot 103, Almont Street

Dear Board of Aldermen,

My name is Marcelo Borges d/b/a GIMAK Properties, LLC the current owner of Tax Map 103 Lot 103 located on
Almont Street. | was directed by Fire Marshall Adam Pouliot to contact the Board of Aldermen to seek resolution in
assigning Tax Map 103 Lot 103 an official street address.

Currently, Tax Map 103 Lot 103 is a vacant lot with the exception of a small shed (to be razed) located toward
the rear of the property. The property abutting my property to the North, along Almont Street (Tax Map 103 Lot 101),
has a street address of #28. The property abutting my property to the South, along Almont Street (Tax Map 103 Lot
105), has a street address of #30. Per the Zoning Department, Tax Map 103 Lot 103 meets all the requirements to build
a house on the vacant lot. The NH E911 standards requires sequential whole numbering of lots be assigned to new
construction. Tax Map 103 Lot 103 was not given a numbered street address and to comply, | need a street number
assigned.

The Fire Marshall recommended | contact the property owners along Almont Street to see if they would be
willing to change their street address, The only way to avoid this is petition is if the Owner's at #28 and #26 Almont
Street are willing to change their address to #26(28) and #24(26) allowing my lot to be sequential at #28 Almont Street.
After a letter and several discussions, the owners are not willing to change their addresses. Therefor, | petition the
Board of Aldermen for resolution to this matter.

Property owners involved: 103-101, #28 Almont Street Laura A. & Frank A. Carson (account number 35630) —
103-197, #26 Almont Street Matthew S. Dusenberry & Sarah M. Provencher (account number 10442).

Very truly yours,

Marcelo Borges WK Q. Q

A oY ee Sa
KATHRYN A. POLISENO

GIMAK Properties, LLC & tate of New A Marmpshira

7 Jenny Hill Road ay Corer fr pe

Nashua, NH 03064

Attachments: Copy of Deed, GIS assessing maps of Tax Map 103 Lot 103, Tax Card (not updated)

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Board Of Aldermen - Agenda - 2/25/2020 - P43

Board Of Aldermen - Agenda - 2/25/2020 - P44

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
44
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

og Xe _s

: TAX MAP 103 LOT 103 a
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Feet oi

\ 0 115 230 460

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Board Of Aldermen - Agenda - 2/25/2020 - P44

Board Of Aldermen - Agenda - 2/25/2020 - P45

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

NasHuUA
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TAX MAP 103 LOT 103 Ges
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N
w E Sa] Re Feet
1,000

0 250 500

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Board Of Aldermen - Agenda - 2/25/2020 - P45

Board Of Aldermen - Agenda - 2/25/2020 - P46

By dnadmin on Sun, 11/06/2022 - 23:16
Document Date
Fri, 02/21/2020 - 15:25
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/25/2020 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022520…

Date: 10/10/2019 1 inch:472 feet

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City of Nashua, NH

NASHUAG

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New Masrranagy Garr Giry

ust tass

SUBJECT PARCEL:
LALMONT ST

Ownership Information:

GIMAK PROPERTIES, LLC

7JENNY HILL LN
NASHUA NH 03062

Parcel Information:

PARCEL ID: 103-103
ACCT NUM: 25960
LAND AREA: 0.11
LAND USE: N/A
BUIDING STYLE: N/A

LAND VALUE: 47,400
BLDG VALUE; 5,000
TOTAL VALUE: 52,400

Sales Information:

SALE DATE: Oct 4 2019

PRICE: 72,533
BOOK PG: 9217/555

QUALIFIED: NEEDS REVI

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