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BID BOND

Conforms with The Amorican Institute of
Architects, ALA, Documant No. A-310

KNOW ALL BY THESE PRESENTS, That we, DeFellce Corporation
28 Silva Lane, Dracut, Massachusetts 01826

as Principal, Nereinaiter called the Principal,

and the Nationwide Niutual Insurance Company

of ONE WEST NATIONWIDE BLVO.,, 1-04-701, COLUMBUS, OH 43215-2220 ,a corporation duly organized under
the laws of the State of Ohio , 95 Surety, hereinafter called the Surety, are held and firmly bound unto
City of Nashua NH, 229 Main Street Nashua, NH 03064 ag Obligec, hercinafter called the Obliges,

i the sum of FIVE PERCENT OF AMOUNT BID

Dollars ( 5% OF BID ) , four the payment of which sum well and truly t be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for Waste Water Pump Station Upgrades Phase 2 CS-330158-32

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall citer info a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
pood and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thercof, or in the event of the fallure of the Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to excced the penalty hercof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shail
be null and void, otherwise fo remain in full force and effect,

Signed and sealed this 28th day of June , A. Oat

| ( uf | _— DeFelice co rtiot __ (Seal)
( | yi ny Principal
Paka cy

Witness
' 0 Kiesda} (esdai} Title

eo Nationwide Mutual Lae Company
WM a UA Witness { lund, fl

" Rathleg dimanez Attomoy-i-Fact

0000034338

Power of Attornay

KNOW ALL MEN SY THESE PRESENTS THAT:
Nallonwide Mutual Insurance Company, en Ohio corporallon

hereinafier referred to gaverally as the “Company” and collectively as ‘ihe Companies” does hereby make, conalliute end appolnk
KATHLEEN JIMENEZ; LAUREN BOMBARA; NEWTON § JOHNSON: OSCAR B JOHNSON;

each jn thelr Individual capacily, is tua end lawful altomeydn-fect, wih ful power and suthoriy to-sign, seal, snd execuia on Bs behalf eny and ef bonds and
undertakings. and other obiigafory Instruments of simile nature, in panallies not excesding the.aum of

UNLIMITED

and fo bind the Company thereby, es fully and i the same extant 98 F auch Instruments were signed by the duly authorized officers of the Company; and all acta,
of sald Atfomay purauant fo the authority given ara hereby ratified and confined.

This power of altomey is made and executed pursuant to and by authority of the fofowing resolution duly adopted: by tha board.¢f directors of the Company:

“RESOLVED, thet the president, or any vie president be, and each hereby. [s, auiharizad end-empowered to appoint ailemeys-in-fact ofthe Company,

and fo aulhorize them Io execute and dallver on behalf of the Company any and af bonds, forms, applications, mamorandums, undertakings, :
recognizances, transfers, coniracia of indemnity, policies, contracta-quaranteelng tha fidellty of petaans holding poalllons of publie-or pevale trual, and other...
writings obligatory in nalure thal the business of he Company: may require; and fo. modify o Fevake, wih or without cause, afy.such sepoliiment of S
authority; provided, however, that the authorily granted hereby shall h.no way Emil the authority of other duly authorized agents to sign and countersign any”

of sald documents on behalf of the Company.”

"RESOLVED FURTHER. that such altomeys-in-fact. shall hava fu power and authority © execute and deliver any end of such documents and to bind the ms
Company subject to tha terms and ilmitations.of the power of attorney saved tb them, and to afft the seal of the Company thereto; provided, however, thal.
sald sal shall not be necessary for tha validity of any such. documents."

This power of attoray ' algned and aesled under and by tha following bylaws duly adopted by the board of directors of the Company.

Executlonofinatrumants. Any vice president, any aagistent secretary or any aasistant tressurer shall have the power and: authority to sign or attest af
approved documents, Instruments, contracts, oc olber. papers in connection with the operation of the business of the company. in addition:to ha chalyman Oe
tha board, tha chief executive officer, president, teasurer or sacratery; provided, however, the signature of any of lhem may be printed, angraved, or
stamped on any approved documert, contrect, Instrument, or olher pepars of the Company.

IN WITNESS yHEREOF, the Company has caused this Intrument:to be seaiad ‘and duly attested by the signature of is officer the 27"_ day of February 2019. :

Antonio C. Aivanese, Vico President of Natlonwide Mulual Insurance Company

sean ACKNOWLEDGMENT
ae" “=e, STATE OF NEW. YORK, COUNTY OF NEW YORK: ss
Bg: eS On thia 27% day of February, 2019, bafore ma came the above-named officer for ihe Company
gus hg eforasald, b me personally known to be:tha officer. described In and who execuied the preceding.
qe instrument, and he acknovisdged the exscutlon of the same, and being by ma duly sworn, deposes
Rating end says, thet he is the officer of the Company aforesaid, that the seal affixed herato ts the
ayia corporate saa) of-acid Company, and tha sald corporate seal end: hs signature were duly affixed

and subscribed fo sald inatrument:by tha authority end diraction of sald Company,

5 ume C Date .
Hotigy Pubtc, Sate of Hew tod,
casiten ts wena Cseny shasen ot OABL ur

Common Exp let Sepiembar if, 200i athry Funtly
Wy Geren pee
Jepemiey Uh 301

CERTIFICATE
i, Laura B. Guy, Aaslatant Secretary of the Company, do hereby ceriify thal:tha foregoing ie a full, tue and correct copy of the original power of altomey issued .
by ha Company; that the resokilon included therein fs a tua and correct lranacript from the minutes of the moetings of tha boards of directors and ihe same has:
ngi béen revoked of amended in any manner; that ald Antenio C Albanese was on the date of the execution of the foregoing power of altomay the duly siected
officer of tha Company, end the corporate seal and his signature as officer were duly affixed and subscribed to the sald instrument by the authority of sald board
of dirattars; and tha foregoing power of sitorney is slit in ful force and effect. a

W WITNESS WHEREOF, | have hereunto aubscrited my neme as Assistant Secratary, and affixed the corporate seat of sald Company ts 4th. day of ae

Tyne BO: a Chae a B. Gry.

Assistant Secretary

BOW 4(02-19)00

ve rtrenent nounld FE UEKD nnnane: in thn BILGEE Ine nn tha eeht tha Natlnmweia venlatiierk i efssing from the center of the ngoe trdfor ha md contecuive nmbar & mics fem tha wosor

R-21-157

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING REGARDING THE BRONSTEIN REDEVELOPMENT

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 Memorandum of Understanding regarding the Bronstein Redevelopment in
substantially the same form as the attached.

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

MEMORANDUM OF UNDERSTANDING

THIS DEVELOPMENT AGREEMENT (“Agreement”) is made as of this day of
, 2021, by and between Nashua Housing and Redevelopment Authority, a New
Hampshire municipal housing authority under RSA Chapter 203 with its principal address of 40
East Pearl Street, New Hampshire 03060, (‘NHRA”), Bronstein 4% Limited Partnership a
New Hampshire limited partnership with a mailing addresses c/o Nashua Housing and
Redevelopment Authority, 40 East Pearl St, Nashua, NH 03060 (“Bronstein 4%") and Bronstein
9% Limited Partnership, a New Hampshire limited partnership with a mailing addresses c/o
Nashua Housing and Redevelopment Authority, 40 East Pearl St, Nashua, NH 03060(“Bronstein
9%” and individually or jointly Bronstein 4%, the “Developer’), and the City of Nashua, a New
Hampshire municipal corporation with a principal address of 229 Main Street. Nashua, New
Hampshire 03060 (“City”) (each a “party”, together the “parties”’).

Recitals

WHEREAS, NHRA owns a certain parcel of land, with improvements thereon, situated at
41 Central Street, Nashua, NH, identified on the records of City of Nashua Assessors as Lot 80,
Sheet 89, (“Property”);

WHEREAS, NHRA currently owns, manages, and maintains a 48-unit multifamily
affordable housing project on the Property known as the Bronstein Apartments (“Bronstein
Property’);

WHEREAS, NHRA and Developer desire to renovate and redevelop the Bronstein
Property to construct 216 new apartments, comprising of 10 market-rate units and 206 affordable
units, approximately 2500 square feet of community space and approximately 3000 square feet for
a Head Start childcare center through a ground lease between NHRA, as landlord and Bronstein
4% and Bronstein 9%, as tenants (“Bronstein Redevelopment”),

WHEREAS, at all times, NHRA will own the underlying “Property” on which the
Bronstein Redevelopment will occur;

WHEREAS, NHRA will be entitled to exercise its right of first refusal to acquire the
Bronstein Redevelopment at the end of the 15-year Compliance Period, at which point it would
own both the property and improvements at the Bronstein Redevelopment;

WHEREAS, City is desirous of supporting the Bronstein Redevelopment in order to
increase the supply of affordable housing in the City:

WHEREAS, the Nashua City Planning Board has reviewed and approved, with
modifications, a site plan for the Bronstein Redevelopment entitled “Master Site Plan (Map 80.
Lot 89) Bronstein Redevelopment 41 Central Street, Nashua, NH” prepared for Boston Capital
Corporation, record owner Nashua Housing and Redevelopment Authority dated June 16, 2020 as
prepared by Hayner/Swanson, Inc. (“Site Plan”);

Please submit a detailed line itemed quote on your company’s letterhead and provide a summary total below.

TOTAL BID (Nex induden 4 Servi ABFamMent WPNer $1,445)
Tricky four thousand And FiFry Ciant dollacs , Srety Ei aint eenx$

DOLLARS 3H, 058. OX 3

(Amounts where indicated shall be shown in both words and figures. In case of discrepancy, the amount shown in
words will govern.)

Part D: Experience and Qualifications

References: inciude at least 3 professional references (business name, contact, email address & phone number).
References may be contacted as part of our preliminary bid review to assist project committee in assessing Vendor
qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

City Projects: Provide a jist of project awards Vendor has received from the City of Nashua in the past 5 years.
Please include project detail, City department and City project lead.

marine aman mf thic Cantesnst viniates thea mernuicinne wf the Tadass! teeerioeatinn Rafarcm and Contrsi Act of 1886
PEMrOrinanele Ut Lins VUTILIGLt VIVIGLt ti piu viotuiis UE Lie beueial TPEPPHIBP Qu FNCPUTTT! ain VU AALE Ut 4o0uU,

which prohibits employment of illegal aliens.
DISQUALIFICATION OF CONTRACTORS: By signing this proposal! or proposal, the undersigned certifies that this

Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred from bidding
on contracts by any Agency of the State of New Hampshire.

Either the undersigned or one of the following individuals, if any, is authorized to modify inis propusai prior tu tie
deadline for receipt of proposals by writing the modification and signing his name on the face of the proposal, on
the envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by
sendingythe City’s representative an e-mail message:

KO Qh Chastrrar Gamst Acogunt Executive.

WHEREAS, the Site Plan for Bronstein Redevelopment showed the following items which
items required coordination with the City of Nashua:

® Proposed parking stalls protruding into the public right of way known Myrtle Street
e At the east end of Myrtle Street, granite curbing protruding into the public right of
way; See Exhibit attached,

WHEREAS, because of the interface between the Bronstein Redevelopment on the
Property and the public right of way known as Myrtle Street, there is a potential for snowplowing
overlap and other maintenance issues;

WHEREAS the Bronstein Redevelopment is to be used for essential public and
governmental purposes and that this Agreement facilitates the City’s and the NHRA’s
development of additional low-income housing units.

NOW, THEREFORE, for the purpose of aiding and co-operating in the planning,
undertaking, construction, and operation of the Bronstein Redevelopment, and for and in
consideration of the mutual covenants set forth herein and other good and valuable consideration
paid, the parties agree as follows:

1. Recitals Incorporated. The foregoing recitals are hereby incorporated into this
Agreement.
2. Construction as per Site Plan. NHRA and the Developer will construct the

Bronstein Redevelopment in accordance with the Site Plan, as approved. The City hereby consents
to the construction of improvements as shown and detailed in the Bronstein Redevelopment Site
Plan.

3. License to install roadway improvements. The City hereby grants to NHRA and
Developer temporary non-exclusive rights, privileges, and licenses to install curbing and other
improvements as shown on the Bronstein Redevelopment Site Plan. Nothing in this paragraph
shall relieve NHRA or Developer from securing required permit(s) from the City’s Department of
Public Works for any such work. To the extent permitted by law. NHRA and each Developer
agrees to protect, indemnify, defend, and save the City harmless from and against any and all
claims, demands, losses, liabilities, costs, including reasonable attorney’s fees, and causes of
action of every kind and character in any way resulting from its acts or omissions or those of their
agents, employees, representatives, or contractors. If any property damage, personal injury or loss
results from the joint willful misconduct of the City, in any part. the duty of indemnification shall
be in proportion to the allocable share of misconduct.

4, Parking Ordinances. For purposes of aiding and cooperating in the planning,
undertaking, and operation of the Bronstein Redevelopment, amendments to certain ordinances,
regulating parking on Myrtle Street will be introduced to the Board of Aldermen for consideration,

5. Permission to Use Parking. If approved, the new ordinances will allow for 42 head-
in parking spaces and further allows for 5 parking spaces on the hammerhead turnaround at the
easterly end of Myrtle Street all as shown on the Bronstein Redevelopment Site Plan. During the
work week - Monday through Friday 9am — Spm, except holidays-. the spaces are and will be
available to the public, including residents of Bronstein Redevelopment, on a first come, first
served basis. For all times outside of the workweek, as defined, the parking spaces shall be
restricted for use by resident permit holders only, as set out in section 8 below. Except as set out
in section 8 below, there will be no parking meters on Myrtle Street and there will be no fees or
charges for parking on Myrtle St.

6, No Further Restrictions on Use of Parking Spaces, Except as may be required by
this Memorandum of Understanding, the City further agrees and will not impose restrictions on
the use of the 42 head-in parking spaces on the southerly side of Myrtle Street and will not impose
restrictions on the 5 parking spaces at the hammerhead of the east end of Myrtle Street,

7. Ovemight/Holiday Parking. The ordinances allow for overnight and
holiday/weekend parking on Myrtle Street and restrict the overnight and holiday/weekend parking
to residences of Myrtle Street. The City and NHRA agree that the residents of the Bronstein
Redevelopment are residents of Myrtle Street. Further, the City and NHRA and Developer shall
follow the City’s standard procedure which allows for residence and for the management company
of Bronstein Redevelopment to obtain permits for overnight/resident parking in the 42 spaces on
the southerly side of Myrtle Street and the 5 spaces on the easterly end of Myrtle Street. Yearly
permits are presently $10 per year. Upon receipt of a certificate of occupancy for the completed
Bronstein Redevelopment, NHRA shall pay to the City the sum of Four Hundred Seventy Dollars
($470) for overnight/resident parking permits. The sum shall be paid annually and shall continue
during the term of the arrangement or until such time as the fee for overnight parking permits is
changed by the Board of Aldermen.

8. Maintenance Agreement. The Developer and NHRA will enter into Maintenance
Agreement with the City, subject to the approval of the Board of Public Works for the City of
Nashua, which Agreement will clarify responsibilities for maintenance and repair of the 42 head-
in spaces, the 5 parking lot spaces, and the other improvements shown on the Bronstein Redevelopment
Site Plan. Under the Maintenance Agreement, the Developer and NHRA will be the party
responsible for plowing, ice removal, ADA compliance issues, and ongoing pavement care, etc.

9, Continuation of Agreement, This Agreement shall continue in full force and effect
with respect to Bronstein 4% so long as the portion of the Property leased to Bronstein 4% is used
for 166 apartments made available to families of low income as provided in NH RSA 203:8, II
and, with respect to Bronstein 9%, for so long as the portion of the Property leased to Bronstein
9% is used for 50 apartments, 40 of which shall be made available to families of low income as
provided in NH RSA 203:8, II, except however, if a portion of Myrtle Street is successfully
discontinued and this Agreement is no longer necessary to assure the continued availability of the
42 head-in spaces and the 5 parking lot spaces, the City may terminate this Agreement upon thirty
(30) days written notice to NHRA and Developer.

10. Representations. The Developer and NHRA make the following representations and
warranties to the City:

(1) The Developer and NHRA each have the legal right, power and authority
to enter into this Agreement and to perform all of its obligations
hereunder.

{ii} The execution and delivery of this Agreement and the performance by the
Developer and NHRA of its obligations hereunder will not conflict with,
or result in a breach of, any of the terms, covenants and provisions of any
agreement or instrument to which the Developer and NHRA is a party or
by which the Developer and NHRA 1s bound.

(iii) =No consent, approval, waiver, authorization or novation is required to be
obtained by the Developer and NHRA from, and no notice or filing is
required to be given by the Developer and NHRA to, any governmental
entity or other person or entity in connection with the consummation of
the transactions contemplated hereby or the execution, delivery and
performance by the Developer and NHRA of this Agreement and each of
the documents to be executed by the Developer and NHRA pursuant to
this Agreement.

Hl. Amendment. The terms of this Agreement may be altered, amended, or changed
only by the mutual, written consent of the parties.

12. Entire Agreement. This Agreement contains the entire agreement between the City,
NHRA and Developer with respect to the subject matter herein and supersedes any earlier
agreements.

13. Law. This Agreement shall be interpreted in accordance with the laws of the State
of New Hampshire. The parties hereto agree that any action brought by either party to enforce the
terms of this Agreement shall be filed in the Superior Court of Hillsborough County, New
Hampshire.

14. Notice. Any notice by one party to the other shal] be in writing, and shall be either
hand-delivered, sent via certified mail, return receipt requested, or by email (with confirmation of
receipt) at the addresses first set forth above unless otherwise provided in writing to the other party.
All notices to the City shall be directed to the Director of Economic Development, City of Nashua,
229 Main Street, Nashua, New Hampshire 03061-2019 and copies sent by email to the following
email address: legal@énashuanh.gov.

15. Counterparts. This Agreement may be executed in counterparts, which collectively
shall constitute one agreement. Executed copies of this Agreement shall have the same force and
effect as originals.

16. Disclaimer of Joint Venture. Partnership and Agency. This Agreement shall not be
interpreted or construed to create an association, joint venture, or partnership between Developer,
NHRA and City, or to impose any partnership obligation or liability upon the parties. Neither

Developer, NHRA nor City shall have any right, power, or authority to enter into any agreement
or undertaking for, or act on behalf of, or to act as or be an agent of representative of, or to
otherwise bind, the other.

17. Severability. If any term or provision of this Agreement shall be judicially
determined to be void or of no effect, that determination shall not affect the validity of the
remaining terms and provisions of this Agreement. The parties agree that if any provision of this
Agreement is judicially determined to be invalid because it is inconsistent with a provision of state
or federal law, this Agreement shall be amended to the extent necessary to make it consistent with
state or federal law and the balance of the Agreement shall remain in full force and effect,

18. Authority. Each party represents that it has undertaken all actions necessary for
approval of this Agreement, and that the person signing this Agreement has the authority to bind
City, NHRA and Developer.

i9. Successors and Assigns, Developer and NHRA may assign its rights, duties and
obligations hereunder prior to the end of the term of this Agreement, to an entity under common
control with Developer and NHRA, respectively. No other assignment shall be permitted without
the City’s consent, which consent may be withheld in the City’s sole discretion. This Agreement
and the rights, duties and obligations of the parties hereunder shall apply to and bind the
successors and assigns of the respective parties.

Signature pages follow

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
under seal as of the day and year first above written.

NHRA:

NASHUA HOUSING AND
REDEVELOPMENT AUTHORITY

By:

Name:
Title:

BRONSTEIN 4% & BRONSTEIN 9%:
BRONSTEIN 4% LIMITED PARTNERSHIP

By: 55 Central Street 4%, LLC
Its General Partner

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:

Name:
Title:

BRONSTEIN 9% LIMITED PARTNERSHIP

By: 55 Central Street 9%, LLC
Its General Partner

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:

Name:
Title:

CITY:
CITY OF NASHUA

By:

Name: James W. Donchess
Title: Mayor