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R-22-017

RESOLUTION

AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO THE
14 COURT STREET LEASE FOR UNIT B WITH LIQUID THERAPY, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a Second Amendment to 14 Court Street Lease for Unit B with Liquid
Therapy, LLC in substantially the same form as the attached.

IN WITNESS WHEREOEF, this instrument is executed

in THREE (3) counterparts, each one of
(number)
which shall be deemed an original,
this day of ,20 17
ATTEST:
GEORGE R. CAIRNS & SONS, INC.
Principal
By:

(Principal) Secretary - So
(SEAL) BY FE Y (bee

Glenn D. Cairns, President
(Address)

8 Ledge Road

By C4arhe L vinthts Windham, NH 03067

Witness as to Principal

8 eclew eel [iiedlhaon ‘i HY

(Address) Sey Q7

Witness as to Surety

TRAVELERS GASUALTY AND SURETY COMPANY
OF AMERICA

(Surety)
rts Li / bw D>

Attorney - in - Fact aaa

Lf — William Ver Planck, Attorney-In-Fact

(Address)
Paula J. Cantara AGENCY: P.O. Box 511
AGENCY: P.O. Box 511, Concord, NH 03302-0511 Concord, NH 03302-0511

(Address)

NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's

most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire.

PY -3 of 3

ADEE AY EOE ERE AED SE GRA LODE EOS ERT AR ELE TLE ETE ED SEES SE ETE EW LOGIT LE SBE EE ERIE PALER DEE LEGER BLE IIE LEI LETRA LEA LIEE ALA ELL OL EELS IE ALLA BE LEE LAE SEI LD TE LES LEIS ETRE TEST DALE TEDL IB OBIE HE RPT ATE

FP WARNING: THIS POWER OF ATTORNEY {S INVALID WITHOUT THE RED BORDER a
e POWER OF ATTORNEY i
me ee Ba ee a me mae ;
RAVYVELERS i

z TRA wes be Farmington Casualty Company St. Paul Mercury Insurance Company #

Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company

Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America

St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company

St. Paul Guardian Insurance Company

Attorney-In Fact No. Certificate No. 0 0 T 1 3 4 3 7 4

231868

KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of lowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
taws of the State of Wisconsin (herein collectively called the “Companies”), and that the Companies do hereby make, constitute and appoint

Daniel E. Church, Bruce H. Langley, William Ver Planck, Paula J. Cantara, Michael P. O'Brien. Christine M. Hosmer, Ryan Stevens, John M.

Harbottle, Gary P. LaPierre, and Matthew Blaisdell i
of the City of _. Concord . State of New Hampshire . their true and lawful Attorney(s)-in-Fact,
q each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and

other writings obligatory in the nature thercof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this 22nd
day of February _ 2017
Farmington Casualty Company St. Paul Mercury Insurance Company
H Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Campany United States Fidelity and Guaranty Company

St. Paul Guardian Insurance Company

Fi
iy 2
i A
State of Connecticut By: 2 Lb hice we
C
City of Hartford ss. Robert L, Raney, Senior Vice President
On this the 22nd day of February . 2017 before me personally appeared Robert L. Raney, who acknowledged himself to

be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

arie C, Tetreault, Notary Public

In Witness Whereof, [ hereunto set my hand und official seal.
My Commission expires the 30th day af June. 2021.

58440-5-16 Printed in U.S.A.

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER '
BEE LE AERO AERP I TIS MES NR IAT ER ELGAR ES RRS 8 RPE Taare S a FRE Oe IL AY EES AER ROLE LL OO IEEE OL LLL ETE I EC ON LETT IESE DLE LSS PED PSN SEER EE EE EE BE SE EH REI

—
ACORIEY
——

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDDIYYYY)
5/5/2017

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

certificate holder in lieu of such endorsement(s).

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

PRODUCER

THE ROWLEY AGENCY INC.
45 Constitution Avenue
P.O. Box 511

NAMED Peggy J ohnson

PHONE ext}; (603) 224-2562
Ce ss. PI ohnson@ Irowleyagency . com

(Ai, No}: (603) 224- ~8012

NAIC #

i __.... INSURER(S} AFFORDING COVERAGE _
Concord NH 03302-0511 INSURER A ‘Travelers Indemnity Co 25658
INSURED INSURERS ‘Travelers Prop Cas Co of Amer 25674
George R. Cairns & Sons, Inc. INSURER C ‘Travelers Indemnity Co of CT 25682
8 Ledge Road INSURERD: i
INSURERE: _
Windham NH 03087 INSURER FE:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

— : ADD -
ell TYPE OF INSURANCE ‘(ADDL SUBRI

Taman EFF pane EXP

LIMITS

LINSD | WvD POLICY NUMBER MIDDIVYYY) | {MMIDD/YYYY}
x | COMMERCIAL GENERAL LIABILITY : EACH OCCURRENCE $ 1,000,000
i DAMAGE TO RENTED “— nna
AD | CLAIMS-MADE 1x, | OCCUR ! PREMISES (Ea occurrence). $_ __ 300,000
‘ ! DTCO7615C131IND16 9/30/2016 | 9/30/2017 _MED EXP (Any one person) 'g 5, ,000
Per Project Aggregate '§ a, ,000, 000.
_GENL AGGREGATE — PER: Applies Only If Required 3 Ss _ £1900 , 006
_ POLICY | x ES | LOG By Written Contract PRODUCTS - COMP/OP AGG | 8 2,000,000
i | OTHER: Employee Benefits $
COMBINED SINGLE LIMIT
| AUTOMOBILE LIABILITY (€aaccident) ,3 4,600,000
A a | ANY AUTO i BODILY INJURY ¢ er r person) _$
| ALL OWNED 1 eee DT8107615C131IND16 9/30/2016 | 9/30/2017 | BODILY INJURY (Per accident) | $
x) i x | NON-OWNED » PROPERTY DAMAGE —_ 3.
/HIRED AUTOS | | AUTOS (Per accident) _ ce
| : ' Uninsured motorist st Bl-single 5
XUMBRELLALIAB = =X occuR EACH OCCURRENCE | $_ 5,000,000.
BL | EXCESS LAB | CLAIMS-MADE. .AGGREGATE 8 5,000,000.
| DED : Ix) | RETENTION $ 10,000 DTPSMCUP7615C131TIL16 9/30/2016 } 9/30/2017 $
"WORKERS COMPENSATION 3A States: CT,MA,NH,VI,ME Xx /RER OTH
AND EMPLOYERS' LIABILITY YIN ® ‘ . STATUTE PERO woes se
[ANY PROPRIETOR/PARTNERVEXECUTIVE 71 : i E.L. EACH ACCIDENT $ 1,000,000
-OFFICER/MEMBER EXCLUDED? LN ENTA ver ns we es
C (Mandatory in NH) ) DTEUBT6L5C1311CT16 9/30/2016 | 9/30/2017 EL. DISEASE -EA EMPLOYEE $ | 1,000,000
‘if yes, describe under i : ue we
_DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000 ,o00

RE: Crown Street Park & Ride (13117)
additional insureds with respect to general and auto

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
{IFBO0657-041317) .

City of Nashua and McFarland Johnson are
liability, when required by written contract. A

waiver of subrogation applies to general and auto liability, when required by written contract.

CERTIFICATE HOLDER

CANCELLATION

City of Nashua
Purchasing Department
City Hall

229 Main Street
Nashua, NH 03061

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Peggy Johnson/PAJ Utagyy on a .

ACORD 25 (2014/01)
INS025 (901.401)

© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and iogo are registered marks of ACORD

| THE CITY OF NASHUA “The Gate City’

Financial Services
Purchasing Department
May 11, 2017
Memo #17-121
TO: MAYOR DONCHESS

FINANCE COMMITTEE

SUBJECT: OUTSIDE SERVICES/APPRAISER (VALUE NOT-TO-EXCEED $35,000)
DEPARTMENT: 132 ASSESSING; FUND: GENERAL OVERLAY

Please see attached communication from Jon Duhamel, Chief Assessor, dated May 3, 2017 for
information related to this contract award.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Chief Assessor and the Purchasing Department recommend the award of the contract to Valuation
Research Counseling, of Grantham, NH in an amount not-to-exceed $35,000.

Respectiully -
~ SK Ki Tyrked, ——

“Dan Kooken
Purchasing Manager

Ce: J. Duhamel J. Graziano

229 Main Street » Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233 |

City of Nashua
Assessing Department

229 Main Street - Nashua, NH 03060 (603) 589-3040
Fax (603) 589-3079

From: Jon Duhamel, Chief Assessor
Date: May 3, 2017
Subject: Appraisal Request

The subject of this appraisal assignment is seven (7) accounts owned by Brady Sullivan or one of
their LLC’s.

These appeals are for the April 1, 2015 tax year, but should the taxpayer prevail, current statutes
allow the abatement to stand for any successive years, absent a good faith adjustment. For this
reason, the total exposure in taxes for the two years is approximately $540,000.

Per Legal, this falls under Chapter 5 of the city ordinance, paragraph 5-83 Professional Services.
I have included the fixed fee proposal from Barry Cunningham, PhD, MAI, the preferred
appraiser for this project due to his experience & expertise at not only the appraisal work, but his

ability to testify in Superior Court,

The Assessing Department requests approval to purchase appraisals in an amount not-to-exceed
$35,000 with Valuation Research Counseling, Grantham, NH.

Respectfully,

Jon Duhamel, CNHA
Chief Assessor

City of Nashua
Professional Services Contract
Real Estate Appraisal

This Contract is made as of , 2017, by and between the City of Nashua, a New
Hampshire municipal corporation, 229 Main Street, Nashua NH 03061 (“City”) and Barry J.
Cunningham, Clarus Global Solutions LLC, P.O. Box 1460, Grantham, NH 03753
(“Appraiser”). Each of the City and the Appraiser are a “Party” and collectively, the “Parties.”

WHEREAS, the City has need of an independent real estate appraiser to render consultation and
reports in various tax abatement appeals for tax year 2015and to provide, if required, expert
support for settlements and mediations and expert testimony in those appeals (collectively, the
“Matter”); and

WHEREAS, the Appraiser represents that he is qualified to render such services for the City.

NOW THEREFORE, in consideration of the mutual promises set forth in in this Agreement and
for other good and valuable consideration, the Parties hereby agree to the following:

1. PROPERTY IDENTIFICATION (each and collectively a “Property”)

146-150 Main St., Nashua, NH
22 Cotton Rd., Nashua, NH
410 Amherst St., Nashua, NH
472 Amherst St., Nashua, NH
15 Trafalgar Sq., Nashua, NH
34 Franklin St., Nashua, NH
21 Front St., Nashua, NH

2. INTEREST VALUED & TYPE OF VALUE
Fee simple. Market value.
3. INTENDED USE

To assist City and trier of fact, if required, in determining market value for purposes of tax
abatement appeals.

4. DATE OF VALUE

As of April 1, 2015

5. APPLICABLE REQUIREMENTS

In addition to any other applicable requirements, the appraisal must conform to the most recent
editions of the “Uniform Standards of Professional Appraisal Practice”, USPAP.

6. APPRAISAL REPORT

The appraisal can be either a “Self- Contained” or “Summary” narrative report. “Restricted”
reports are not acceptable.

7. CONTRACT TERM.

The term of this Contract will commence as of the date of this contract and continue until such
time as Appraiser's services in the Matter are no longer required.

8. SCOPE OF SERVICES.
The Appraiser agrees to perform the following scope of services under this Contract:

a. The Appraiser will review pertinent public documents relative to the Property as well
as materials, photographs, exhibits, and other relevant documents associated with the
Matter.

b. The Appraiser will make a personal on-site inspection of the Property.

c. The Appraiser will develop professional opinions regarding the fair market value of the
Property as of April 1, 2015. The Appraiser will share his preliminary opinions with the
City verbally or in summary fashion (e.g. an email) within a time line to be determined
by mutual agreement of the Parties, with the understanding that the Matter will have hard
deadlines imposed by the court.

d. The Appraiser will develop a written report regarding his expert opinions, if the City
requests such a report. The delivery date for the written reports will be communicated by
the City when it requests the same, time being of the essence. Appraiser will provide 3
hard copies and one electronic copy of any written report.

e. The Appraiser will provide expert support for settlement discussions and mediations
and offer expert testimony in the Matter, if needed by the City. The Parties understand
and agree that the Appraiser may be required to offer both deposition and trial testimony
in the Matter.

9. PAYMENTS FOR SERVICES
The Parties understand and agree that the fee for the services described above in 8 a — e will be

as described in Exhibit A attached hereto and made a part hereof. The maximum amount to be
paid by the City to the Appraiser for services provided under this Contract shall not exceed forty

thousand dollars ($40,000.00) without prior written authorization from the City. Specific services
will be provided and paid for according to the following fee schedule:

a. In exchange for the services described above in 8 a—c for each Property, and upon
submission of an invoice pursuant to section 10 below, the City will pay the Appraiser
the fees described in Exhibit A for “Phase I’ services.

b. In exchange for the services described above in 8 d for each Property, and upon
submission of an invoice pursuant to section 10 below, the City will pay the Appraiser
the difference of the “Total fee” described in Exhibit A minus the fee already paid by the
City for Phase I services. (For example, for 146-150 Main Street, $1,000 would be due
for submission of a written report).

c. In consideration for any services described above in 8 e, and upon submission of an
invoice pursuant to section 10 below for the services performed, the City will pay the
Appraiser an hourly fee of two hundred and fifty ($250.00).

10. PAYMENT.

a. Fees shall be paid for services rendered following the City's receipt of a correct
invoice, which designates the specific applicable charges. The City will not be subject
to any late payment charges or interest. Rates shall be fixed during the term of this
Contract. The City will process correctly documented invoices for payment and
Appraiser should receive payment for such invoice thirty (30) days from receipt by
the City.

b. All invoices shall be submitted to Attorney Celia K. Leonard via email at
leonardc@nashuanh. gov. The invoices shall include (but not be limited to) the
following information: Date of invoice, project identifier, Property address,
itemization to include line item costs for services and total of all costs billed to date.

11. CITY'S CONTRACT ADMINISTRATOR.

The City Office of Corporation Counsel will manage the Contract on behalf of the City and will
be the principal point of contact for the City concerning the Appraiser's performance under this
Contract

12. CONTRACT ADMINISTRATION.

Any notice or demand or other communication required or permitted to be given under this
Contract or applicable law shall be effective if and only if it is in writing properly addressed, and
either delivered in person, or by a recognized courier service, or deposited with the United States
Postal Services as first-class certified mail, postage prepaid and return receipt requested, to the
parties at the following addresses:

To City at: Celia K. Leonard, Associate Corporation Counsel
Office of Corporation Counsel
229 Main Street, PC Box 2019
Nashua, NH 03061-2019
leonardc@nashuanh.gov

To Appraiser at: Barry J. Cunningham
Clarus Global Solutions LLC
P.O. Box 1460
Grantham, NH 03753
Barry@ClarusGlobalSolutions.com

13. APPRAISER AS AN INDEPENDENT CONTRACTOR.

The Appraiser shall be and shall remain an Independent Contractor with respect to all services
performed hereunder and he agrees to and does hereby accept full and exclusive liability for the
payment of any and all contributions or taxes for Social Security, unemployment insurance or
old age retirement benefits, pensions or annuities now or hereafter imposed under any state or
federal law which are measured by the wages, salaries or other remunerations paid to the
Appraiser or persons employed by the Appraiser for work performed under the terms of this
Contract and further agrees to obey all lawful rules and regulations and to meet all lawful
requirements which are now, or hereafter may be, issued or promulgated under said respective
laws.

14. OWNERSHIP OF WORK PRODUCT.

a. Unless otherwise provided, data that originates from this Contract shall be "works
for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the City.
Data shall include, but not be limited to reports, documents, pamphlets, advertisements,
books, magazines, surveys, studies, computer programs, films, tapes, sound
reproductions, or source code and object code. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights.

b. Data which is delivered under this Contract, but which does not originate therefrom,
shall be transferred to the City with a nonexclusive, royalty-free, irrevocable license to
publish, translate, reproduce, deliver perform, dispose of, and to authorize others to do so;
provided, that such license shall be limited to the extent which the Appraiser has a right
to grant such a license. The Appraiser shall exert all reasonable effort to advise the City
at the time of delivery of data furnished under this Contract, of all known or
potential infringements for privacy or other intellectual property contained therein and of
any portion of such document that was not produced in the performance of this Contract.
The City shall have the right to modify or remove any restrictive marking placed upon
the data by the Appraiser.