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By contrast, Nashua High School North is ranked #62 out of 82 high schools in the state for the
2015-2016 school, and Nashua High School South is ranked #59. Thus, the two high schools in
the Nashua School District are ranked with the bottom 25% of the high schools in New
Hampshire.

Why would anyone vote against Ordinance O-16-11
The Nashua Teachers Union with its $89,000 loaded average cost per teacher per year would be
much against this. Same as the teachers unions who advertised against Question #2 in

Massachusetts to lift the cap on the number of charter schools permitted in this state.

So we need to examine, which aldermen received contributions from the Nashua Teachers Union
(NTU), for such contributions come with strings attached.

From the contributions reported for the 2015 Municipal election on reported the Nashua City
Clerk’s website:

NO--Voting to reject

NTU Contribution

1. McCarthy $500

2. O’Brien $500

3. Wilshire $500

4. Clemons $250

5. Melissa-Golja $250

6. Lopez 0

7. Dowd not posted (not filed?)
8. Caron not posted (not filed?)

YES —Voting to pass

NTU Contribution

Deane
Cookson
Moriarty
McGuinness
Schoneman
LeBrun
Siegel

IAW YOY =
ecoocooooo

These teachers’ union contributions to the NO voters speak volumes.

Alderman LeBrun, sponsor of this ordinance, please move to take O-16-11 off the table with a
roll call vote, and let’s find out who is in the pockets of the teachers union and against the
welfare of our kids.

Thank you

4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shall provide enough detail, including personnel hours for each sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Independent Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination,

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Police Commissioners and Finance Committee in a timely manner. The City of
Nashua and Independent Contractor also agree to attend all meetings called by the City of Nashua
or Independent Contractor to discuss the work under the Contract, and that Independent
Contractor may elect to conduct and record such meetings and shall later distribute prepared
minutes of the meeting to the City of Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Independent Contractor's question or position. The City of Nashua representative shall render

GC 3 of 12

EXECUTED by the parties, by their duly authorized undersigned representatives, as of the date first
written above.

Burke Street Nashua, LLC

Name:
Title:

CITY OF NASHUA
Pursuant to Board of Alderman Resolution dated

Name: James W. Donchess
Title: Mayor

Exhibit B
Form of Reciprocal Easement Agreement

[to be attached]

RECIPROCAL EASEMENT AGREEMENT

This RECIPROCAL EASEMENT AGREEMENT (this “Agreement”) is entered into as of
the _ day of April, 2021 (the “Effective Date”), by and among City of Nashua (hereinafter
"City"), a municipal corporation with a principal place of business of 229 Main Street, Nashua,
New Hampshire 03060 (the “City”), and 141 Burke Subsidiary LLC, a New Hampshire limited
liability company, having an address 124 Joliette Street, Manchester, New Hampshire 03105 (the
“141 Property Owner’).

BACKGROUND

A. The City is the owner of that certain improved parcel of land located in Nashua,
New Hampshire, and commonly known as 143 Burke Street, and now identified on the City of
Nashua tax maps as Map 11-161, as more particularly described on EXHIBIT A-1 attached hereto
and made a part hereof (the “City Land” and together with any improvements now or hereafter
located thereon, the “City Property”).

B. 141 Property Owner is the owner of that certain improved parcel of land located in
Nashua, New Hampshire, and commonly known as 141 Burke Street, and now identified on the
City of Nashua tax maps as Map 11-158, as more particularly described on EXHIBIT A-2 attached
hereto and made a part hereof (the “147 Land” and together with any improvements now or
hereafter located thereon, the “747 Property”, and together with the City Property, the “ZLand’).

On The City and the 141 Property Owner intend hereby to grant certain easements for
vehicular and pedestrian access and egress, and construction of certain site improvements for the
mutual benefit of the City Property and the 141 Property subject to the terms and conditions set
for the herein.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
good and valuable consideration paid, the receipt and sufficiency of which are hereby

acknowledged, the parties hereto hereby establish the following easement rights and agreements
affecting the Land:

Section 1. Grant of Easement to 141 Property Owner. The City hereby grants the
following easement on the City Land to 141 Property Owner:

a) 141 Access Easement. The City hereby grants to 141 Property Owner a permanent,
perpetual, irrevocable non-exclusive easement for purposes of pedestrian and vehicular ingress
and egress and right of passage, in the area described as “Proposed Access Easement ‘F’” on that
certain easement plan entitled “Exhibit Plan of Tax Map 11, Lot 158 and Lot 161, 141 & 143
Burke Street, Nashua, NH dated April _, 2021 prepared by Hayner/Swanson, Inc., and recorded
in the Hillsborough County Registry of Deeds as Plan # (the “Easement Plan”) and
as is more particularly described on EXHIBIT B-1 (the “147 Access Easement Area”) attached
hereto and made a part hereof for the benefit and use of the 141 Land, together with rights of
access and egress with motor vehicles, equipment or otherwise to construct, pave, maintain and
relocate the surface, landscaping and other materials located within said 141 Access Easement
Area (the “141 Access Easement’).

b) Scope of 141 Access Easement. The 141 Access Easement is authorized: (i) on a
twenty-four (24) hours a day seven (7) days a week basis.

c) Demolition of Existing Structures. The 141 Access Easement expressly includes
the right to demolish the improvements and relocate utility lines existing within the 141 Access
Easement Area and the City hereby authorizes any such demolition and relocation, subject to the
prior approval, if necessary or advisable, of the impacted utility.

d) Indemnification. 141 Property Owner agrees to indemnify and hold harmless the
City of Nashua for any and all property damage, bodily injury or personal injury which arises as a
result of its use of the 141 Access Easement. This obligation survives termination or revocation
of this Agreement.

e) Insurance. At all times during the use and exercise of this Agreement, 141 Property
Owner agrees to maintain comprehensive general liability insurance covering its operation under
this Agreement in a commercially reasonable amount as determined by the City Manager of the
City. Such insurance shall name the City as an additional insured and a certificate evidencing the
same shall be delivered to the City upon five (5) days’ prior written notice to the 141 Property
Owner.

f) Use of 141 Access Area. The 141 Property Owner shall take such commercially
reasonably measures as may be necessary to maintain pedestrian and vehicular safety during its
use of the 141 Access Easement Area.

Section 2. Grant of Easement to City. The 141 Property Owner hereby grants the
following easement on the 141 Land to the City:

a) City Access Easement. The 141 Property Owner hereby grants to the City a
permanent, perpetual, irrevocable non-exclusive easement for purposes of pedestrian
and vehicular ingress and egress and right of passage, in the areas described as
“Proposed Access Easement ‘E’” and “Proposed Access Easement ‘G’” on the
Easement Plan and as is more particularly described on EXHIBIT B-2 (the “City
Access Easement Area’) for the benefit and use of the City Land (the “City Access
Easement’).

b) Scope of City Access Easement. The City Access Easement is authorized: (i) on a
twenty-four (24) hours a day seven (7) days a week basis, unless the 141 Property
Owner requires the use of the City Access Easement on a temporary basis to construct,
maintain and relocate the surface, landscaping and other materials located within said
City Access Easement Area, in which case the 141 Property Owner will provide the
City with three (3) days written notice of any such activities.

c) Indemnification. The City agrees to indemnify and hold harmless the 141 Property
Owner for any and all property damage, bodily injury or personal injury which arises
as a result of its use of the City Access Easement. This obligation survives termination
or revocation of this Agreement.

d) Insurance. At all times during the use and exercise of this Agreement, the City agrees
to maintain comprehensive general liability insurance covering its operation under this
Agreement in a commercially reasonable amount. Such insurance shall name the 141
Property Owner as an additional insured and a certificate evidencing the same shall be
delivered to the 141 Property Owner upon five (5) days’ prior written notice to the City.

Section 3. Limited Liability. Except as herein otherwise expressly provided, each party
hereto shall be liable only for any breach of its obligations hereunder occurring during such party's
period of ownership of its respective Land and such liability shall extend only to the interest in the
Land, as the case may be.

Section 4. No Merger. The rights and easements hereby created shall not merge into the title
of any benefited land notwithstanding common ownership of any parcels, or any part thereof.

Section 5. Bind and Inure. The rights and obligations established herein inure to the benefit
of and are binding upon the parties hereto, and their respective successors and assigns from time
to time of all or any portion of the Land and shall run with the Land, and shall be recorded in the
Hillsborough County Registry of Deeds. The benefits and burdens of the 141 Access Easement
and the City Access Easement and rights and responsibilities granted under this Agreement
shall extend to the employees, agents, guests, lessees, and invitees of the City and the 141 Property
Owner.

Section 6. Severability. If any provision of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement (or the application of such provision to persons or
circumstances other than those in respect of which it is invalid or unenforceable) shall not be

tad

affected, and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.

Section 7. Dedication. Nothing herein contained shall be deemed to be a gift or dedication of
any part of the real estate affected hereby to the public or for any public purpose whatsoever, it
being the intention of the parties that this Agreement shall be strictly limited to and for the purpose
herein expressed.

Section 8. Termination; Amendments. This Agreement may not be terminated, released,
relocated, modified or amended in whole or in part except by written instrument executed by the
parties hereto and of each and every mortgagee and mortgage holder under any mortgage covering
all or any part of the Land. This Agreement contains the entire agreement of the parties with
respect to its subject matter.

Section 9. Governing Law. This Agreement shall be construed and governed in accordance
with the laws of the State of New Hampshire.

Section 10. Counterparts. This Agreement may be executed in one or more counterparts, all
of which, when taken together, constitute one and the same instrument.

Section 11. |. No Waiver. No waiver of any condition or agreement in this Agreement by any
party shall imply or constitute a further waiver by such party of the same or any other condition or
agreement, and any such waiver must be in writing to be effective.

Section 12. | Maintenance and Snow Removal. 141 Property Owner shall be responsible for the
repair, replacement and maintenance of and the snow and ice removal from the 141 Access
Easement and City Access Easement. The City may, but is not required to, remove winter snow
and ice from said easements in order to maintain the City’s access to City facilities. The City
may, but is not required to, preform repairs, maintenance or replace improvements or
landscaping in said easements and shall be reimbursed by 141 Property Owner for any and all
such costs.

Section 13. Notice and Approval. Each party shall provide prior written notice of any work,
including plans, to the other and, subject to section 14 below, receive approval from the other
party prior to commencing any work allowed by this Agreement and the work shall be done at a
mutually agreeable time. Approval shall not be unreasonably withheld by either party. Routine
maintenance and snow and ice removal! are exempt from this provision.

Section 14. Relocation. Each party reserves the right to relocate, in its sole discretion, the
easements on its land at its sole expense and with prior written notice of such relocation to, and
the reasonable approval of, the other party. The City acknowledges and agrees that it will not be
unreasonable for the 141 Property Owner to object to a relocation of the 141 Access Easement if
such relocation would unreasonably interfere the ability of a tractor trailer truck to access the
rear of the “Existing 1 Story Warehouse Building” as shown on the Easement Plan in the area
facing the 141 Access Easement Area.

Section 15. No Interference. In exercising reserved and other rights, neither party shall
materially interfere with the other’s rights hereunder.

Meaning and intending to describe and convey easement rights in a portion of the land

conveyed to 141 Property Owner by deed of the City, dated , recorded at the
Hillsborough County Registry of Deeds in Book ,Page__, and to the City by deed of
, dated , recorded at said Hillsborough Registry in Book , Page

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

EXECUTED under seal as of the day and year first above-written.
City of Nashua

By:

Name: James W. Donchess
Title: Mayor

Pursuant to vote of the Board of Alderman
On R — 21 — xxxx on
, 2021

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this day of , 2021, before me, , the
undersigned officer, personally appeared James W. Donchess, who acknowledged himself to be
the Mayor, of the City of Nashua, a corporation, and that he, as such Mayor, being authorized so
to do, executed the foregoing instrument for the purposes therein contained, by signing the name
of the corporation by himself as Mayor.

In witness whereof I hereunto set my hand and official seal.

Justice of the Peace /Notary Public
My commission expires: