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RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022

R-22-026

Authorizing First Amendments to Developer Agreements for
Bronstein Redevelopment

Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

Budget Review Committee

The City will waive up to $250,000 in building permit fees.

ANALYSIS

While R-21-136 contemplated one developer agreement, due to programmatic requirements
under the tax code for the type of tax credit the development is utilizing, the tax credit investor’s
counsel required two separate partnerships and separate developer agreements with each
partnership. This resolution authorizes first amendments to the two developer agreements for the
Bronstein Redevelopment, which amendments increase the amount of the building permit fees

waivers.

Approved as to account

Financial Services Division

number and/or structure,

and amount:

Approved as to form:

By: /s/John Griffin

Office of Corporation C

By: or

Date: __ April 6. 2022

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT (“Amendment”) to the certain Development Agreement
dated September 10, 2021 (“Development Agreement”) is made as of this _ day of :
2022, 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 Pear!
Street, Nashua, New Hampshire 03060, (“NHRA”), Bronstein 4% Limited Partnership a New
Hampshire limited partnership with a mailing addresses 40 East Pearl Street, Nashua, New
Hampshire 03060 (“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, the undersigned parties entered into the Development Agreement dated as of
September 10, 2021 for the development of 41 Central Street, Nashua, New Hampshire and
recorded in the Hillsborough County Registry of Deeds at Book 9600, Page 1396 on March 23,

2022;

WHEREAS, development has begun and circumstances have changed causing the parties
to wish to modify the terms of the said Development Agreement;

NOW, THEREFORE, in and for the mutual covenants set forth in the original
Development Agreement, as modified by this Amendment, and for other good and valuable
consideration paid and acknowledged, the parties hereby agree to modify the Development
Agreement as follows:

1, Modify Section 8 (a). In Section 8 Waiver on Impact Fees and Permit Fees

subsection (a). Delete the existing subsection and replace it with the following:

“a, Building Permit fees (including all trade permits, plumbing, mechanical,
electrical) for up to Fifty Five Thousand Seven Hundred Twenty Two Dollars

($55,722)”;

2. Other Terms And Conditions. Ali other terms and conditions shall remain in full
force and effect except as expressly modified by this Amendment.

3. Runs With the Land. The terms and conditions of this Agreement shall run with
the land and be binding on any party holding an interest in the Property, including, but not
limited to, any fee holder, tenant or the holder of a condominium interest.

4. Recording. A copy of this Agreement will be recorded in the Hillsborough
County Registry of Deeds.

Signature pages follow

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

NHRA:

NASHUA HOUSING AND
REDEVELOPMENT AUTHORITY

By:

Name:
Title:

DEVELOPER:
BRONSTEIN 4% LIMITED PARTNERSHIP

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

By:

‘Name:
Title:

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:
Name:
Title:
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of Nashua Housing Redevelopment Authority, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of 55 Central Street 4%, LLC, as General Partner of Bronstein 4% Limited Partnership,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument, and acknowledged that he/she executed the same for the purpose herein

contained.

CITY:

CITY OF NASHUA

By:

James W. Donchess
Mayor

Pursuant to Board of Alderman Resolution R-22 passed by the Board of Aldermen on

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this the day of , 2022, before me, the
undersigned officer, personally appeared the above named James W. Donchess, Mayor of The
City of Nashua, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the

purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

FIRST AMENDMENT DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT (“Amendment”) to the certain Development Agreement
dated September 10, 2021 (“Development Agreement”) is made as of this day of ;
2022, 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, Nashua, New Hampshire 03060, (“NHRA”), Bronstein 9% Limited Partnership, a New
Hampshire limited partnership with a mailing addresses 40 East Pearl Street, Nashua, New
Hampshire 03060 (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, the undersigned parties entered into a Development Agreement dated as of
September 10, 2021 for the development of 41 Central Street, Nashua, New Hampshire and
recorded in the Hillsborough County Registry of Deeds at Book 9600, Page 1388 on March 23,
2022;

WHEREAS, development has begun and circumstances have changed causing the parties
to wish to modify the terms of the Development Agreement as originally adopted.

NOW, THEREFORE, in and for the mutual covenants set forth in the original
Development Agreement, as modified by this Amendment, and for other good and valuable
consideration paid and acknowledged, the parties hereby agree to modify the Development
Agreement as follows:

1. Modify Section 8 (a). In Section 8 Waiver on Impact Fees and Permit Fees
subsection (a). Delete the existing subsection and replace it with the following:

“a, Building Permit fees (including all trade permits, plumbing, mechanical,
electrical) for up to One Hundred Ninety-Four Thousand Two Hundred Seventy-Eight
Dollars ($194,278)”;

a Other Terms And Conditions. All other terms and conditions shall remain in full
force and effect except as expressly modified by this Amendment.

3. Runs With the Land. The terms and conditions of this Agreement shall run with
the land and be binding on any party holding an interest in the Property, including, but not
limited to, any fee holder, tenant or the holder of a condominium interest.

4, Recording. A copy of this Agreement will be recorded in the Hillsborough
County Registry of Deeds.

Signature pages follow

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

April 27, 2022
Memo #22-268

TO: Mayor Donchess
Finance Committee

SUBJECT: Temporary Pedestrian Bridge in the amount not to exceed $205,200 funded from 81100
Capital Improvements/Mine Falls Trust

Please see attached communications from Daniel Hudson, City Engineer, dated April 28, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Temporary 12’x 6’ pedestrian bridge for Mine Falls Park over the Nashua Canal.
Current bridge is unsafe and unrepairable and closed to pedestrian and vehicle
travel.

Value: not to exceed $205,200

Vendor: Beck & Bellucci Inc

Department: 177 Parks & Recreation
Source Fund: 81100 Capital Improvements/ Mine Falls Trust

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/(5) Purchases from a sole
manufacturer, where it is determined to be more efficient and economical to
reduce costs of maintenance of additional repair parts, supplies or services.

The Board of Public Works (4/28/2022 BPW meeting), Division of Public Works: Parks & Recreation, and
the Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: D Hudson
C O'Connor

IN WITNESS WHEREOPF, 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:

DEVELOPER:
BRONSTEIN 9% LIMITED PARTNERSHIP

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

By:

Name:

By: Nashua Housing and Redevelopment Authority
Its Co-Manager

By:
Name:
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of Nashua Housing Redevelopment Authority, known to me (or

satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF
On this the day of , 2022, before me, the undersigned
officer, personally appeared the above named , as

of 55 Central Street 9%, LLC, as General Manager of Bronstein 9% Limited Partnership, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he/she executed the same for the purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

CITY:

CITY OF NASHUA

By:

James W. Donchess
Mayor

Pursuant to Board of Alderman Resolution R-22-___ passed by the Board of Aldermen on

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this the day of , 2022, before me, the
undersigned officer, personally appeared the above named James W. Donchess, Mayor of The
City of Nashua, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the

purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires: