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Finance Committee — 02/02/2022 Page 10

Also | think we should address eventually the policy on COVID sick leave. | did get some financial numbers that | couldn’t
fully understand that showed about $133,000 went into paying for employees that got ill and didn’t have to use their sick
time because they were vaccinated. As you know, | think I’ve expressed that | think that policy was a mistake and we
should follow up on that and determine what impact that had on vaccination and what the overall costs are going to be
because $133K for just over really a month of sick time | think is pretty enormous.

I'd like to ask that Mr. Mayor you tighten the reins on City Hall and you try to get employees particularly managers back to
work in the building. | think this COVID remote work has been going on too long and there is a lot of management that
isn’t here for like a year. Sue Lovering is rarely in. Lisa Fauteux is rarely in. The finance office is rarely in. Usually if you
ask somebody if they're in, they'll tell you they don’t even know. They don’t know if they’re in or out. They don’t know if
they’re working at home or they’re here. Go run around City Hall and see if you can find them. | mean to me it’s like the
love boat in here and | think we’ve got to tighten it up a lot. | think citizens deserve to have their employees working in the
building and | think it’s time to get back to that and not allowing very long work from home programs particularly for upper
management.

Also I’m concerned about the barrier issue. | think that that’s been pushed away from the public view and eye that it was
supposed to be set up. We had this crisis mode in December. I’ve been given some insight information that it’s being
developed and worked on internally but nobody on the outside knows anything about it. | got very incomplete barrier data
in my Right to Know request. It looks like all of the surveys that were talked about for months really nobody actually saw
them or knew what they looked like. It was just random information that was put out there. | still think there’s a lot of
frustration on that.

Finally...

Alderman Comeau

30 seconds
Laurie Ortolano

...| received an e-mail today from the Clerk’s office that | think is very disturbing and you know Mr. Mayor | responded with
an e-mail to a nonprofit organization over a very hostile response | had received from an Executive Director and the
Executive Director is no longer working in that position. That was a month ago and | feel the e-mail | got today is equally
as horrendous. It would be up to you to respond and | know that you’re not going to do that. This is ridiculous was what
written here and beyond out of line. Thank you.

Mayor Donchess

Well it is not accurate that these people aren't working or not in City Hall. Sue Lovering is here all the time. Lisa Fauteux
does not work in City Hall. She works at Public Works.

Laurie Ortolano
She’s never here.

Mayor Donchess

She’s rarely in City Hall but she’s at Public Works and | forget who else you mentioned. John Griffin — he was ill for a little
while but he’s always here.

Laurie Ortolano
You're very wrong on that. You don’t know where your people are.

Mayor Donchess

And you do?
Laurie Ortolano

Ido. | come and | ask. Thank you.

OPTION TO PURCHASE PROPERTY

THIS AGREEMENT is among Nashua Millyard Associates, Inc., their successors and
assigns (collectively, the “Seller”) and Stephen Bonnette and Aaron Bagshaw, their successors
and assigns (collectively, the “Buyer’).

RECITALS

This Agreement is entered into upon the basis of the following facts and intentions of the
parties:

A. Seller owns that certain real property described in Exhibit A hereto (the
Property”).

B. Buyer desires to obtain an option to purchase the Property from Seller and
Seller is willing to grant such an option to Buyer.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereby agree as follows:

1. Option. As of the date hereof, the Seller grants to Buyer an exclusive option (the
“Option”) to purchase a portion of the Property (“Option Land” as hereinafter defined) from
Seller upon all of the terms, covenants and conditions hereinafter set forth. This option may be
recorded at the election of Buyer.

2. Consideration for the Option. As consideration for this Option, Buyer has
delivered One Dollar ($1.00) and other valuable consideration, receipt of which is hereby
acknowledged by the Seller. The consideration paid to the Buyer for this option may be retained
by the Seller without deduction or offset.

3. Term. The term of this Option shall commence upon execution by both parties
and shall expire at 5:00 pm on the ninetieth day following closing the transaction called for in a
a certain Real Estate Purchase and Sale Agreement entered into by and between Nashua Millyard
Associates, Inc. and the City of Nashua dated April __, 2021 (the “City of Nashua PSA”). In
the event that the City of Nashua PSA does not close on or before July 31, 2021, this Option
shall automatically terminate and neither parties shall have any further rights pursuant to this
Option Agreement.

4, Purchase Price. The purchase price (“Purchase Price”) which Buyer agrees to pay
upon exercise of the Option is One Dollar Fifty-Seven cents ($ 1.57) per square foot payable in
cash.

5. Conditions Precedent and Exercise. The Seller does hereby authorize the Buyer or
Buyer’s agents to enter the Property for purposes of preparing or causing a survey of the

Property for purposes of defining the Option Land, preparing a subdivision plan, and making an
application for subdivision approval. The Seller will cooperate in good faith to accomplish the
subdivision, at no cost or expense to the Seller. The Buyer or Buyer’s agents shall have the
right, at its sole expense, to cause a survey or subdivision plan and a subdivision application to
be prepared (the “Survey”). The Survey shall determine the metes and bounds of the Option
Land. The Option Land may include all or a portion of the Property east of the easterly line of
the proposed utility easement and south of Spine Road as shown and defined on plan entitled
“Tax Map 77 Lot 5 & Tax Map E Lot 1487 Easement Plan Pine Street and 10 Whipple Street”
Progress Print dated May 4, 2021attached as Exhibit A. The Option Land shall become part of
one or both of Lots 77-5 or 77-11 also indicated on the said plan.

The subdivision plan shall meet the ordinary municipal rules and regulations regarding
subdivision application and subdivision approvals before the City of Nashua NH land use boards.
Prior to exercising this Option, the Buyer or Buyer’s agents shall submit the subdivision plan and
subdivision application for review and approval by the appropriate municipal land use boards.
Upon approval, the subdivision plan and the metes and bounds descriptions of the Option Land
evidenced by the subdivision plan shall be the “Option Land” subject to this Option. Once the
subdivision is approved the Buyer may exercise this Option by giving Seller or Seller’s successor
written notice of his intention to exercise the Option. In the written notice, Buyer shall include a
description of the Option Land as determined in this Section 5.

Upon providing notice to Seller or Seller’s successor, Buyer may purchase and Seller or
its successors shall sell the Option Land for the Purchase Price set forth in this Option
Agreement. Closing of the option purchase shall occur on or before thirty (30) days following
subdivision approval by the Nashua Planning Board, but in no event shall Closing be extended
beyond the ninetieth (90") day following closing under the certain City of Nashua PSA.

6. Representations and Warranties of Seller. The Seller represents and warrants to
the Buyer that:

(a) The Seller has full power and authority to execute and deliver this Agreement,
and this Agreement is a valid and binding agreement enforceable against the Seller in accordance
with its terms;

(b) —_ Neither the execution of this Agreement nor the sale of the Property will
constitute a violation of, or conflict with, or default under, any contract, commitment, agreement,
understanding or arrangement to which the Seller is a party or by which Seller is bound or of any
law, decree, or judgment;

(c) Seller has valid title to the Property, free and clear of all claims, liens, charges,
encumbrances deeds of trust and security interests. Seller may transfer the Property to the City
of Nashua, but any transfer will be subject to the Buyer’s rights under this Option to Purchase
Property.

7. Cooperation. Each party shall, upon request of the other party, promptly execute
and deliver all additional documents reasonably deemed by the requesting party to be necessary,
appropriate, or desirable to complete the subdivision and transfer called for pursuant to this
Agreement.

8. Purchase and Sale. If Buyer exercises the Option at a closing, the Seller shall sell,
transfer and deliver the Option Land to the Buyer, represented by appropriate quitclaim deed.
The Buyer shall pay to the Seller the Purchase Price as set forth Section 4 above.

9, Survival. All representations, warranties and agreements made by the Seller and
by the Buyer in this Agreement shall survive the execution of this Agreement and any Closing
and any investigation at any time made by or on behalf of any party hereto.

10. Modification; Assignment. This Agreement may not be modified, amended,
altered or supplemented except upon the execution and delivery of a written agreement executed
by the parties hereto. Buyer may assign his rights under this Agreement with the consent of
Seller.

11. Successors. This Agreement will be binding upon, inure to the benefit of and be
enforceable by and against the parties hereto and their respective heirs, beneficiaries, executors,
representatives and permitted assigns.

12, Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New Hampshire.

13, Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to its subject matter and supersedes all agreements, understanding,
representations, or warranties, whether oral or written, by or among the parties, previously or
contemporaneously made or given.

Balance of the page intentionally left blank.

IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the
Buyer and each Seller as of the day and year first written below:

SELLER:
Dated: Nashua Millyard Associates, Inc.
By:
BUYER:
Dated:
Stephen Bonnette
Aaron Bagshaw
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

This instrument was acknowledged before me on April , 2021 by
of Nashua Millyard Associates, Inc. on behalf of the

corporation.

Notary Public
My commission expires:

Exhibit A

Description of Property

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NOTES

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PREAS:
= MAP 72, LOT 3 TUTY LASEMENT AREAL ZA.CIB SOUARE FOET/ONAIZE ACES
© MAP EL LOT 144) UTLITY CASEY ARCA 27, 1B1R SQUARE FIET/D 62402 ACHES,

EASEMENT LEGEND
(OOTTING TASENEMT ANCA
PROPOHD UNITY EASeHENT AME

PROGRESS PRINT

MAY 4, 2020

CERTIFICATION

PORTANT TS a PE OIE ONO RSA 472.14 1 COREFT THA Tet DIET PAL Ge OL A SON

PURQUANT TO DHS NTL AND THAT THE GACS OF STRELTS AND WAYS THORN ARC THOME OF

UIC CR PRIVATE STRILTS ON WAYS ALREADY CSTAMISHEO AND THAT WO FEN RAYS ARE
ee.

THE ABOVE CLNPACATEN 1S MECQMSED 19 MEET BCOSTHY OF COEDS RECURDWENTS AND IS NOT A
CERTPICATON 7D TILE OF CMERSEP OF PROPERTY Some,

HANS-CLORS & MEAION JIL US.
Ni UCENSE NO TOP
FOR TCT, OC

TAX MAP 77: LOT S & TAX MAP E, LOT 1487

EASEMENT PLAN
PINE. STREET & {0 WHIPPLE STREET
OWNED BY
NASHUA MILLYARD ASSOCTATES, INC. ap 77. L907 91
CITY OF NASHUA war © Lor van
PREPARED FOR
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE
G/b/a EVERSOURCE ENERGY

SCALE: 1250" MAY 4, 2026

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RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-144

Authorizing the purchase of property located at “L” Pine
Street (Map 77, Lot 5)

Mayor Jim Donchess
Alderwoman Jan Schmidt

Planning and Economic Development Committee
Nashua Planning Board

Purchase price of three hundred twenty five thousand dollars
($325,000). The source of funds for this purchase will be from
an expense transfer from the Broad Street Parkway Capital
Project Fund.

ANALYSIS

This resolution authorizes the purchase of “L” Pine Street (Map 77, Lot 5).

Charter §77 provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on all locations for proposed municipal building and facilities,
including educational, [and] on the purchase and sale of any land by the city.”

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division
By: /s/John Griffin

Office of Corporation Counsel
By: /s/Celia K. Leonard

Date: May 6, 2021