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LEGISLATIVE YEAR 2021

RESOLUTION: R-21-163
PURPOSE: Establishing the use of fund balance for tax rate

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: This resolution would apply $4,000,000 of unassigned general
fund balance to the FY22 tax rate. This amount is from fund
balance consisting of anticipated surplus in the FY21 operating
budget.

ANALYSIS

This resolution applies $4,000,000 of the unassigned general fund balance to the Calendar Year
2021 (Fiscal Year 2022) Tax Rate. With approval of this action, unassigned fund balance
remains at or above the five percent (5%) minimum as recommended by Department of Revenue
Administration and the ten percent (10%) as established by NRO $5-136, C.

Per NRO §5-135, B, in order to use unassigned general fund balance to reduce the tax rate, this
resolution must be approved on or before the board's second meeting in September (September
28, 2021) “by 10 members of the Board of Aldermen.”

Approved as to account Financial Services Division
Structure, numbers, and
amount: By: /s/ David G. Fredette

Approved as to form: Office of Corporation Counsel

By: Vopr Qe, Chobe
Date: >) Maat IDO

woe es = x

R-21-164

RESOLUTION

RELATIVE TO THE TRANSFER OF $30,000 FROM ACCOUNT 70100 “GENERAL
CONTINGENCY” TO ACCOUNTING CLASSIFICATION 51 “SALARIES & WAGES”
IN ADMINISTRATIVE SERVICES ($25,000) AND ECONOMIC DEVELOPMENT
($5,000) FOR THE PURPOSE OF FUNDING SALARIES

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that $25,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Department
106 “Administrative Services”, Accounting Classification 51 “Salaries & Wages” and $5,000 be
transferred from Department 194 “Contingency”, Account 70100 “General Contingency” into
Department 183 “Economic Development”, Accounting Classification 51 “Salaries & Wages”
for the purpose of funding salaries.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-164
PURPOSE: Relative to the transfer of $30,600 from Account 70100

“General Contingency” to Accounting Classification 51
“Salaries & Wages” in Administrative Services ($25,000) and
Economic Development ($5,000) for the purpose of funding

salaries
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Reduces amount available in general contingency by $30,000

that could be used for escrow or surplus in FY¥Y22. The current
balance in the general contingency account is $250,000.

ANALYSIS

This resolution authorizes the transfer of $25,000 from General Contingency into Administrative
Services and $5,000 from General Contingency into Economic Development tor the purpose of
providing funding for salaries.

Charter Sec. 53 permits the Board of Aldennen to transfer any unencumbered appropriation
balance or any portion from one department. fund or agency to another.

NRO 5-130, H provides that “when proposed legislation to transfer or re-appropriate a particular
appropriation or purpose thereof has had its first reading. such funds shall not be expended or
transferred while the legislation 1s pending”.

Approved as to account Financial Services Division
structure, numbers and :

nate By. /s/ David G. Fredette
Approved as to form: Office of Corporation Counsel

By: Ver. CoN
ae: 4 huh IDI

R-21-165

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO COMMUNICATIONS
TOWER LEASE AGREEMENT

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 is authorized
to enter into a Communications Tower Lease Agreement with Cellco Partnership, d/b/a Verizon
Wireless in substantially the same form as the attached.

FURTHER RESOLVED that the Mayor, with the assistance of the Office of Corporation
Counsel, is authorized to prepare and execute all necessary documents and take all necessary
actions contemplated by the Lease or required to effectuate the same, including but not limited to
grants or other funding sources for the Lease and exercising the right to renew the Lease.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-165
PURPOSE: Authorizing the City of Nashua to enter into Communications

Tower Lease Agreement

ENDORSERS: Mayor Jim Donchess
COMMITTEE

ARSICNMENT: Finance Committee
ASSIGNMENT: Board of Public Works

FISCAL NOTE: The City will be paid forty-three thousand two hundred ($43,200)
per year in rent increasing by 2% each year

ANALYSIS

This resolution authorizes the City to enter into a lease with Cellco Partnership, d/b/a Verizon
Wireless substantially similar to the attached document.

Approved as to form: Office of Corporation Counsel

By:

Date:, Se a FZ 7O

SITE NAME: Nashua 8 NH
SITE NUMBER: 450292
ATTY/DATE: McLane/August 4, 2021

COMMUNICATIONS TOWER LEASE AGREEMENT

This Agreement, effective as of the later of the dates on which it is signed below (the “Effective
Date’’), is made by and between the City of Nashua, New Hampshire, a body corporate and politic, located
in Hillsborough County, and whose mailing address is PO Box 2019, 229 Main Street, Nashua, New
Hampshire, 03061, hereinafter designated LESSOR, and Cellco Partnership, d/b/a Verizon Wireless, a
Delaware general partnership with its principal office located at One Verizon Way, Mail Stop 4A W100,
Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE.
The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually
as a “Party”. The Parties make this Agreement with reference to the following facts, which are an integral

part of this Agreement:

A. LESSOR is the owner of the historic Holman Stadium baseball stadium and public park
complex on a certain parcel of property (the entirety of LESSOR’s property is referred to hereinafter as the
“Property”), located at 67 Amherst Street, Nashua, Hillsborough County, New Hampshire. The Property is
shown on the Tax Maps of the City of Nashua as Parcel ID 0063-00052. LESSOR owns and operates
multiple light poles supporting light fixtures to provide nighttime lighting of the baseball field and stadium.

B. LESSEE is a wireless telecommunications carrier that desires to expand and strengthen its
coverage and service in the vicinity of the Property.

C, LESSOR has in the past contracted with one or more other wireless providers to replace
one or more light poles at the Property with poles able to support both light fixtures and wireless
communications equipment.

D. LESSOR and LESSEE have agreed that it would further their respective interests if
LESSOR were to permit LESSEE to (i) replace an existing light pole/stanchion with a 130° monopole style
communications tower (the “Tower’) to be owned by LESSOR; (ii) relocate the existing stadium light
fixture to the new Tower; and (iii) lease space on and adjacent to the Tower for LESSEE’s wireless
communications facility; all in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,
the Parties, intending to be legally bound hereby, agree as follows:

A. Construction Phase

The Parties intend for this Agreement to cover both the short term period of LESSEE’s construction
of the Tower as well as the long term period during which LESSEE will lease a portion of the Tower, and
related rights required for LESSEE’s wireless communications facility. For ease of reference and the
convenience of the Parties, the Agreement is divided into two parts: the Construction Phase and the
Operational Phase. The Construction Phase shall begin as soon as practicable after the Effective Date of
this Agreement and the Operational Phase will begin on the Commencement Date (as defined in Section 3.a.
of the Operational Phase portion of this Agreement). During the Construction Phase, the Parties undertake

as follows:

I. Design and Engineering. LESSEE shall commission and arrange for the design,
engineering, construction, and installation of the Tower, by its approved vendors. The Tower shall be
designed and engineered to support both LESSEE’s equipment and LESSOR’s lighting fixture, based on
TIA/EIA-222-G, ANSI’s seventh revision for Steel Antenna Towers and Antenna Supporting Structures.

2. Location. The Tower shall be erected on that area of the Property described or depicted
on Exhibit A attached to this Agreement.

3. Approvals. LESSEE shall assist LESSOR with applicable federal antenna structure
registration requirements. The Parties agree that they shall cooperate reasonably together to apply for
and obtain building permits for the project. Moreover, they agree that there shall be two separate
applications and building permits: (i) the first shall be for the Tower and surrounding compound,
including landline telephone, power, and fiber utilities to, and the security fence surrounding, the Tower
compound; and (ii) the second shall be for LESSEE’s ground-based equipment and LESSEE’s antennas

on the Tower.

4, Selection and Use of Third Party Contractors. LESSEE’s construction manager shall

coordinate activities related to the design, engineering, installation, and construction of the Tower. Since
LESSOR is the owner of the Property and will be the owner of the Tower, LESSEE will, to the greatest
extent practicable, arrange for all third-party work product — including engineering drawings, plans,
specifications, warranties, and the like — to run directly in favor of LESSOR.

5. Diligence Required: Timeframe. The Construction Phase shall be considered completed
upon the Commencement Date of the Lease Term (defined below in the Operational Phase section of this
Agreement.) During the Construction Phase, LESSEE shall diligently undertake and pursue the tasks
assigned to it with regard to the design, engineering, construction, and installation of the Tower so that
the Tower is completed and ready for installation of lighting fixtures and communications equipment and
related appurtenances as expeditiously as possible.

6. Ownership. At all times and for all purposes the Tower, and all related materials -
including, but not limited to, surveys, plans, engineering specifications, drawings, warranties, and the
like - shall be the property of LESSOR and not of LESSEE. LESSEE shall prepare and deliver to
LESSOR any and all documents of transfer, title, or the like, as may be required or convenient to
document and evidence the forgoing. The obligations of this Section shall survive termination of the

Lease.

7, Transfer of Lighting Fixture and Removal of Existing Tower. Following construction of
the Tower, LESSEE shall arrange for the instatlation of LESSOR’s lighting fixture equipment on the

Tower. Upon LESSOR’s satisfaction with the installation and operation of its lighting equipment on the
Tower and at the direction of LESSOR, LESSEE shail decommission and remove the existing light pole.

8. Transition to Operational Phase. As soon as practicable after completion of the Tower, the
compound surrounding the Tower, including the availability of utilities within the compound, and the
installation of LESSOR’s lighting fixture on the Tower and removal of existing tower, LESSEE shall
submit is application for a building permit for its ground-based equipment and antennas. The date of the
issuance of the building permit to LESSEE for its ground-based equipment and antennas shall trigger the
Commencement Date of the Lease (by the mechanism described in Section 3 below), and the

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Commencement Date shall mark both the end of the Construction Phase and the beginning of the
Operational Phase, at which time the following provisions shall apply:

9. Role of City. This Agreement binds Lessor only in its capacity as Owner of the
Property. Nothing herein shail be construed to oblige the City of Nashua to grant any land use, building,
or other permits.

B. Operational Phase

l. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space (the
“Tower Space”) on the LESSOR’s Tower, together with a parcel of land (the “Land Space”) sufficient for
the installation of LESSEE’s ground-based equipment; together with the non-exclusive right (“the Right of
Way’) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle,
including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes
over, under, or along a twenty foot (20’) wide right-of-way extending from the nearest public right-of-way
to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and
through the Property between the Land Space and the Tower Space for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further
Rights of Way, if any, are substantially described in Exhibit A, attached hereto and made a part hereof and
are collectively referred to hereinafter as the “Premises”.

In the event any public utility or similar service provider is unable to use the Right of Way or
Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the
LESSEE or to the public utility or service provider at no cost to the LESSEE, provided that the location of
an additional right-of-way on the Property is deemed feasible by LESSOR.

LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of
installing and maintaining its equipment. LESSOR shall furnish LESSEE with necessary means of access
for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only
authorized engineers, employees, or properly authorized contractors of LESSEE or persons under their
direct supervision will be permitted to enter said premises, and that such access will cause no disruption

to City events or facilities.

2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey shall then become Exhibit B which shall be attached hereto and made a part
hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit A. Cost
for such work shail be borne by the LESSEE.

3. TERM; RENTAL.

a. This Agreement shall be effective as of the date of execution by both Parties,
provided, however, the initial lease term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due
at a total annual rental of Forty Three Thousand Two Hundred Dollars ($43,200.00), to be paid in equal
monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm,
or place as LESSOR may, from time to time, designate in writing at least thirty 30) days in advance of
any rental payment date by notice given in accordance with Paragraph 25 below. The lease term shall

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commence based upon the date LESSEE is granted a building permit by the governmental agency charged
with issuing such permits, for LESSEE’s ground-based equipment and antennas. In the event the date on
which LESSEE is granted a building permit falls between the 1* and 15" of the month, then the lease
term shall commence on the 1* of that month, and if such date falls between the 16" and 31* of the
month, then the lease term shall commence on the 1 day of the following month (either the
“Commencement Date”).

b. Upon agreement of the Parties, LESSEE may pay rent by electronic funds
transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such
purpose upon request of LESSEE.

c. LESSOR hereby agrees to provide to LESSEE certain documentation (the
“Rental Documentation”) evidencing LESSOR’s interest in, and right to receive payments under, this
Agreement, including without limitation: (i) (INTENTIONALLY DELETED}; (ii) a complete and fully
executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any
party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation
requested by LESSEE in LESSEE’s reasonable discretion. From time to time during the Term of this
Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide
updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation
shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph
25. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by
LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make
any rental payments until Rental Documentation has been supplied to LESSEE as provided herein.
LESSEE acknowledges and agrees that the executed W-9 attached to this agreement as Exhibit “C” is
sufficient Rental Documentation for these purposes.

d. With respect to any party succeeding to the LESSOR’s interest, LESSEE shall
have no obligation to make any rental payments to any such assignee(s), transferee(s) or other
successor(s) in interest until LESSEE has received Rental Documentation in the manner set forth in the
preceding paragraph. Until such receipt, LESSEE shall continue to pay rent to LESSOR.

4, EXTENSIONS. This Agreement shall automatically be extended for four (4) additional
five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR
written notice of the intent to terminate at least six (6) months prior to the end of the then current term.

5. EXTENSION RENTALS. During the initial term and all subsequent extensions under
Paragraph 4 above, or Paragraph 6 below, the annual rental will increase on each yearly anniversary of the
Commencement Date in an amount equal to two percent (2.0%) of the previous year’s annual rent.

6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension
term this Agreement has not been terminated by either Party by giving to the other written notice of an
intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue
in force upon the same covenants, terms, and conditions for a further term of five (5) years and for five (5)
year terms thereafter until terminated by either Party by giving to the other written notice of its intention to
so terminate at least three (3) months prior to the end of such term. The initial term and all extensions shall

be collectively referred to herein as the “Term”.

7. TAXES. LESSEE shall have the responsibility to pay, no later than the due date, any
personal property, real estate taxes, assessments, or charges owed on the Property which is the result of
LESSEE’s use of the Premises and/or the installation, maintenance, and operation of the LESSEE’s
improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may
become exempt from the payment of sales tax in the jurisdiction in which the Property is located),
including any increase in real estate taxes at the Property which arises from the LESSEE’s improvements
and/or LESSEE’s use of the Premises. Notwithstanding the foregoing, LESSEE shall not have the
obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate
proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches
to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of
LESSOR’s income taxes in connection with any Property or otherwise.

LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly
responsible for payment. In the event that as a result of any appeal or challenge by LESSEE, there is a
reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE,
LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment.

In addition to the forgoing, the Parties agree that the following provisions of NH RSA 72:23 1.{b)
as the same may be amended from time-to-time, are an essential part of this agreement:

e failure of the LESSEE to pay the duly assessed persona! and real estate taxes when due shall be
cause to terminate said lease or agreement by the LESSOR.

* The LESSEE’s obligations extend to the payment of both current and potential real and personal
property taxes, and expressly extends to real and personal property taxes on structures or
improvements added and owned by the LESSEE.

8. USE. GOVERNMENTAL APPROVALS. LESSEE shali use the Premises for the
purpose of constructing, maintaining, repairing, and operating a communications facility and uses
incidental thereto. All improvements, equipment, antennas, and conduits of LESSEE shall be at
LESSEE’s expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall
have the right to replace, repair, add, or otherwise modify its utilities, equipment, antennas and/or
conduits, or any portion thereof, and the frequencies over which the equipment operates, whether the
equipment, antennas, conduits, or frequencies are specified or not on any exhibit attached hereto, with no
increase in rent, during the Term. It is understood and agreed that LESSEEF’s ability to use the Premises
is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits
and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal,
State or Loca! authorities as well as satisfactory soil boring tests and structural analysis which will permit
LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to
obtain such approvals and shall take no action which would adversely affect the status of the Property
with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for
such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to
LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority;
(iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv)
LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE
determines that the Premises is no longer technically or structurally compatible for its use, or (Vi)

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