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LEGISLATIVE YEAR 2021

RESOLUTION: R-21-137

PURPOSE: Relative to the acceptance and appropriation of $352,078 from
the State of New Hampshire Department of Health and Human
Services into Public Health and Community Services Grant
Activity “FY2022 Regional Public Health Network Services”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: The fiscal impact is a $352.078 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City to accept and appropriate funds fromm the State of New
Hampshire Department of Health and Human Services for the purpose of providing regional
public health network services in the Greater Nashua Public Health Region. This funding shall
be in effect from July 1, 2021 through June 30, 2022.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

By: yn? 4 Clarke,
Date: 5 as ao

R-21-138

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,563.84 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY “STATE HOMELAND
SECURITY GRANT PROGRAM” INTO POLICE GRANT ACTIVITY “2020 HOMELAND
SECURITY GRANT PROGRAM”

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Nashua Police Department are authorized to accept and appropriate $25,563.84 from the State
of New Hampshire Department of Safety “State Homeland Security Grant Program” into Police
Grant Activity “2020 Homeland Security Grant Program” for the purpose of purchasing night vision
. equipment. This funding shall be in effect through August 31, 2023. No local match is required.

Finance Committee — 02/02/2022 Page 6

Alderman Comeau

| just had a question for Mr. Hudson. Was this something that was bid on or was this contract just awarded to
Preservation Company?

Dan Hudson, City Engineer

This contract is being awarded to Preservation Company based upon their experience. There was a different entity that
did the historic work for the project but he’s since retired. This company I'd say is the preeminent company in the area for
doing this type of work. They do nearly all the DOT related project work and DHR work. So I'll Know the company is
being directly awarded to them given their capability and experience with doing this type of thing.

Alderman Comeau

If | could follow up. Just so | understand the process a little bit. It seems silly to quibble over a smaller dollar amount in
the grand scheme of things. When | look at the breakdown of costs associated with this, it looks like there’s 65 hours of
labor for an architectural historian which is over $5,000; 30 hours for a project manager, 50 hours for a principle, and then
over $20,000 in material costs which to me seems excessive for a sign. Could you elaborate a little bit on what some of
these costs are related to?

Dan Hudson, City Engineer

Sure. So obviously they need to design the sign so they need to develop what will go in the sign. That’s a (inaudible)
process. They need to do a lot of historic research through old records, looking for old photographs, old maps, and also
just going through the history of the area to define what would be appropriate to put on the signs. That’s not done
independently. That’s in full collaboration with New Hampshire Division of Historic Resources and others. It’s time
consuming and collaborative type of effort. | can’t speak directly to the sign, design, and fabrication costs. Asked for two
signs, obviously they need to erect them on a support structure. The sign could take a variety of forms but they’re usually
pretty attractive signs and are made to last. That is how it breaks down. We're confident that this team — they’ve done a
lot of this. They do a lot of it so I’m confident that we'll get a good product in the end.

Alderman Comeau

One last follow up. So with this cost will they be handling the installation as well as the fabrication or is that something
they're going to hand off to us and have somebody like DPW erect the signs?

Dan Hudson, City Engineer

My understanding is that they will do the erection. This is a kind of a full package price is my understanding.

Alderman Comeau

Thank you.

Dan Hudson, City Engineer

You're welcome.

Mayor Donchess

Anyone else?

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager

Re: East Hollis and Bridge Street Intersection Improvements in the amount not to exceed $440,939.27 funded from

53107 Architect & Engineering Services/NHDOT Grant (Economic Development)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-138
PURPOSE: Relative to the acceptance and appropriation of $25,653.84 from

the State of New Hampshire Department of Safety “State
Homeland Security Grant Program” into Police Grant Activity
2020 Homeland Security Grant Program”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $25,563.84 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua and the Nashua Police Department to accept and
appropriate funds from the New Hampshire Department of Safety State Homeland Security Grant
Program for the purpose of purchasing night vision equipment. This funding shall be in effect
through August 31, 2023. No local match is required.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: _/s/John Griffin
Approved as to form: Office of Corporation Counsel

By: Poor Cb

Date:

R-21-139

RESOLUTION

AUTHORIZING THE BUS PULL OFF AND SHELTER EASEMENT ON BRIDGE
STREET AND TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT
AGREEMENT ON SANDERS STREET

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

WHEREAS, R-09-168, amended, authorized the Business and Industrial Development
Authority to enter into agreements for the transfer and redevelopment of the following parcels of
land: L Bridge Street — Lot 40-34, 40 Bridge Street — Lot 39-32, 70 Bridge Street — Lot 40-48, and
10 Sanders Street — Lot 40-37, totaling approximately 12 acres (the “Property’’) under certain
conditions;

WHEREAS, pursuant to that authorization, the City did enter into such a “Bridge Street
Waterfront Development Preferred Developer Agreement for Sale of Land for Private
Development” on May 21, 2009, with Renaissance at Nashua, LLC, and three subsequent
amendments (“Preferred Developer Agreement”);

WHEREAS, on November 10, 2016, pursuant to the Preferred Developer Agreement and
as part of the first phase of development, the City transferred title to the land situated off Bridge
Street now known as Map 40, Lot 50, which was a lot consolidated from a portion of Map 40 Lots
34 and 48, as shown on a plan entitled “Consolidation/Subdivision Plan (Map 40, Lots 34 & 48)
62 & 70 Bridge Street, Nashua, NH,” recorded as Plan #39077 in the Hillsborough County
Registry of Deeds.

WHEREAS, R-19-148, passed on August 13, 2019, approved the Business and Industrial
Development Authority entering into a fourth amendment to the Preferred Developer Agreement
regarding the second phase of development; and

WHEREAS, certain easements and agreement are required for the closing of the second
phase of the development.

RESOLUTION R-21-139

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Nashua
that the City is authorized to enter into the following in substantially the same forms as attached:

1. The Bus Pull Off and Shelter Easement from SMC Residents at Riverfront Landing
Phase JI Limited Partnership to the City of Nashua; and

2. The Temporary Construction Easement and Use Easement Agreement between the City
of Nashua and SMC Residents at Riverfront Landing Phase II Limited Partnership at the
right of way known as Sanders Street.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor,
with the assistance of the Office of Corporation Counsel, ts authorized to prepare and execute all
necessary documents and take all necessary actions contemplated by the above described
documents or required to effectuate the same.

After recording return to
City of Nashua Attn: Legal
229 Main Street, Nashua, NH 03061

BUS PULL OFF AND SHELTER EASEMENT

KNOW ALL PERSONS BY THESE PRESENTS, that SMC Residences at Riverfront
Landing Phase II Limited Partnership, a New Hampshire Limited Partnership, with a
principal place of business at 100 Galen Street, Suite 301, Watertown, Massachusetts 02473
(“Grantor”), in reference to Map 39 Lot 32 located in Nashua, County of Hillsborough, State of
New Hampshire (“Property”), for consideration paid, Grants to the City of Nashua, a New
Hampshire municipal corporation, having its principal place of business at 229 Main Street,
Nashua, New Hampshire 03061 and its successors and assigns (“Grantee”), the exclusive right
and easement to use, repair, maintain and replace a bus pull off area and bus shelter (defined
below) on, over and across the aforementioned Property of Grantor beyond the limits of the
present highway running past Grantor’s Property in the City of Nashua, commonly known as
Bridge Street (“Easement Area”), as will or may be necessary in association with the City of
Nashua’s use of said Bus Shelter in association with the City of Nashua’s public transportation
system, to be constructed by Grantor in accordance with the requirements of the City of
Nashua’s Public Works Department all as more fully identified as “Proposed Bus Pull Off and
Shelter Easement” on a plan entitled “Easement Plan for Bridge Street Development Phase 2; 4,
5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32 and Map 40 Lot 37,”
prepared for: Renaissance at Nashua, LLC; Record Owner: City of Nashua, dated April __,
2021, prepared by McFarland Johnson, and recorded at the Hillsborough County Registry of
Deeds as Plan No. (the “Easement Plan’); see also plans entitled “Site Plans for
Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax
Map 39 Lot 32 and Map 40 Lot 37,” prepared For: Renaissance at Nashua, LLC; Record Owner:
City of Nashua, dated January 11, 2021, prepared by McFarland Johnson, and on file with the
City of Nashua, New Hampshire as NR (the “Site Plans”). Collectively, the Easement
Plan and the Site Plans are referred to herein as the “Plans.”

Grantor grants to Grantee the exclusive right and license to use the Easement Area for the
purposes of constructing, installing and maintaining a passenger waiting shelter and ancillary
facilities such as seating, bicycle racks and trash receptacles (collectively referred to herein as
the “Shelter’’). The Shelter shall be used solely as a public transit passenger waiting shelter.

Grantee shall bear sole responsibility for construction and installation of the Shelter in a
safe manner and shall indemnify Grantor against any loss, damage, expense or liability resulting
from such construction and installation of the Shelter or failure of Grantee to comply with its
responsibilities hereunder. Grantee shall own the Shelter.

Grantor shall bear sole responsibility for maintenance of the Easement Area and the
Shelter in a safe manner and shall indemnify Grantee against any loss, damage, expense or
liability resulting from such maintenance of the Easement Area and the Shelter or failure of
Grantor to comply with its maintenance responsibilities hereunder. Such maintenance shall
include snow and ice removal.

This Easement shall include the right of access from, to and across Grantor’s Property for
all purposes in connection with the exercise of the within granted rights and easement; the right
to excavate, trench, and backfill by men or machines and temporarily to place excavated earth
and other material on said Property, provided that the said Property shall be restored by the
Grantee to substantially the condition in which it was immediately prior to such access,
excavation, trenching, and backfilling subject to Grantee’s rights herein; the right to plant, trim,
cut down and remove bushes, trees and other plant growth on the Property as and to such extent
as in the judgment of the Grantee is necessary for any of the above purposes; and the right to
place route, scheduling and advertising on the Shelter.

This Easement shall be governed exclusively by the laws of the State of New Hampshire
and any claim or action brought relating to this Easement 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.

Subject to easements, restrictions, and reservations of record.

This transfer is exempt from transfer tax pursuant to N.H. RSA 78-B: 2, I.

IN WITNESS WHEREOF, Grantor has caused this Easement to be duly executed this
day of , 2021.

GRANTOR

SMC Residences at Riverfront Landing
Phase II, LP

By: Sentry Management Holding, LLC
General Partner

By:
Witness Stephen M. Chapman, Managing Member
COMMONWEALTH/STATE OF
COUNTY OF
On this day of , 2021, personally appeared, before me,

Stephen M. Chapman, personally known to me (or satisfactorily proven) to be the individual
whose name is subscribed to the within instrument and acknowledged that he executed the same
for the purposes therein contained on behalf of Sentry Management Holding, LLC, the General
Partner of SMC Residences at Riverfront Landing Phase II, LP.

Justice of the Peace/Notary Public
Commission Expires:

Return to:
Prunier & Prolman, P.A.
Account No.: 026

TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT
Sanders Street, Nashua, New Hampshire

This Temporary Construction Easement and Use Agreement (this “Agreement”) is made
this _—s day of , 2021, by and between the City of Nashua, a municipal
corporation with an address of 229 Main Street, Nashua, New Hampshire 03060 (the “Grantor”),
and the SMC Residences at Riverfront Landing Phase If Limited Partnership, a New
Hampshire limited partnership with an address of 100 Galen Street, Suite 301, Watertown,
Massachusetts 02472 (the “Grantee’’),

RECITALS:

WHEREAS, Grantor owns the right of way known as Sanders Street by dedication and
acceptance in Nashua, County of Hillsborough and State of New Hampshire, and shown as
Sanders Street (“Sanders Street”) as shown on a plan entitled “Easement Plan for Bridge Street
Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32
and Map 40 Lot 37,” prepared for: Renaissance at Nashua, LLC, Record Owner: City of Nashua,
dated January 11, 2021, prepared by McFarland Johnson, and recorded at the Hillsborough County
Registry of Deeds as Plan No. (the “Easement Plan”); see also plans entitled “Site
Plans for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire,
Tax Map 39 Lot 32 and Map 40 Lot 37,” prepared For: Renaissance at Nashua, LLC; Record
Owner: City of Nashua, dated January 11, 2021, prepared by McFarland Johnson, and on file with
the City of Nashua, New Hampshire as NR (the “Site Plans”). Collectively, the Easement
Plan and the Site Plans are referred to herein as the “Plans”; and

WHEREAS, Grantee intends to commence building the Residences at Riverfront Landing

Phase II project in accordance with the Plans; and

WHEREAS, Grantee desires to enter upon Sanders Street (“Easement Area’) to improve
and use Sanders Street as shown on the Plans, and