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FINANCE COMMITTEE

FEBRUARY 3, 2021
7:00 PM

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ROLL CALL

PUBLIC COMMENT
COMMUNICATIONS

UNFINISHED BUSINESS

NEW BUSINESS — RESOLUTIONS

R-21-110
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Richard A. Dowd
AUTHORIZING THE MAYOR TO ENTER INTO AFIRST AMENDMENT TO CONCESSION AGREEMENT
WITH GRANITE DIAMOND, LLC

R-21-113
Endorsers: Alderman-at-Large Ben Clemons

Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman Patricia Klee

Alderman Linda Harriott-Gathright
AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO THE 14 COURT STREET LEASE
FOR UNIT B WITH LIQUID THERAPY, LLC
NEW BUSINESS — ORDINANCES
RECORD OF EXPENDITURES
GENERAL DISCUSSION
PUBLIC COMMENT
REMARKS BY THE ALDERMEN
POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

R-21-110

RESOLUTION

AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO
CONCESSION AGREEMENT WITH GRANITE DIAMOND, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a First Amendment to Concession Agreement in substantially the same
form as the attached. This amendment extends the Concession Agreement for a term of one year
beginning on January 1, 2021 and ending on December 31, 2021.

Board of Aldermen — 9/12/17 Page 26
Alderman Schoneman

And perhaps in the body as well. Under purpose it says: “purchase, renovate and construction a new
performing arts center.”

President McCarthy

In that we would also add “201 Main Street.” Does everybody understand the motion?
MOTION CARRIED
MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-17-116 AS AMENDED BY ROLL CALL

ON THE QUESTION

Alderman Lopez

| am going to support this because | think we have all done our due diligence here in looking at the situation,
looking at the proposals and listening to public comment and listening to the public feedback. To me, it is
overwhelming clear that Nashua wants this; Nashua needs this; and, Nashua is looking forward to this. When
we first started to bring this forward as a final proposal, | had a lot of concerns about how we were going to pay
for it, whether that be CDBG money, where the location was. | think | did my job representing my constituents
and asking those questions and being sure we weren't just going to capriciously borrow $15 million on a
project that hadn’t fully been rendered. What | didn’t really question was the desire of Nashua’s to have this
performing arts center. | didn’t really challenge or have any concerns about the data that was presented by
Duncan Webb demonstrating that a facility of this size could succeed in Nashua because they didn’t try to
continue with the initial presentation and discussion of a much larger site. They didn’t try to put it in the
distance in Nashua at an offsite, large parking friendly location with nothing around it. They tried to integrate it
into the downtown scene, and they wisely course corrected when they noticed the opportunity presented by
201 Main Street. There’s been a lot of public comment over the past couple of months. There has been a lot
of emails that | have received and a lot of in-person discussion, both for and against. | think for me it really
comes down to when are we going to have the opportunity for this property again? When are we going to have
something that really fits in with what we’re trying to do that meets the needs of our community and meets the
opportunity as described by the feasibility study that we conducted? I’m very much in favor of this.

| recognize the concerns on the behalf of my fellow aldermen, and | suggest that they not be confused with
fear. Fear is something that we all have to overcome. Whenever we’re doing anything in public, whether we’re
creating any piece of art, fear is the emotion that we don’t want to listen to. Opportunity is the emotion we want
to listen to. We want to seize the chance. | think we have a huge opportunity here not just to gain something
of value, while the bond rating is favorable, while the community is motivated and energetic and excited, and
while we havfe the opportunity to improve our downtown before we have to start dealing with closing stores
and a loss of vitality that we have been experiencing in recent years.

Alderman Clemons

| appreciate everybody who has taken the time to reach out to me with phone calls, emails, everybody who is
here this evening. Thank you. | appreciate your input on this. When | graduated from college, | didn’t know
what | wanted to do. | went into selling cars, believe it or not. Most people hate the sales process of buying a
car. It’s something that they try to avoid at all costs. But! learned a lot about the business. When you have a
friend who is in the business, people tend to come to you. Even though that was at this point 12 years ago, |
still have friends that when they are ready to buy a car they come to me and say can you help me out, come to
the dealership. Most people know when they need a new car, most people know when they want to go out and
buy a new car. If you are buying a new car, it is pretty simple. You go to the dealership and say this is what |
want. They say what color, they come out with it. You know it’s a brand new car, you drive away with it. Fine.
It's when you buy a used car it’s a little bit different.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-110

PURPOSE: Authorizing the Mayor to enter into a First Amendment to
Concession Agreement with Granite Diamond, LLC.

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Finance Committee

FISCAL NOTE: This First Amendment to Concession Agreement will generate

a maximum of $28,000 in game fees for the use of Holman
Stadium per baseball season. The City will also receive 40% of
net profits of concession sales from City non-league games and
sponsored events. Having this Concession Agreement does
require an increased cost for utilities, grounds maintenance
and overtime.

ANALYSIS

This resolution authorizes the Mayor to enter into a First Amendment to Concession Agreement
with Granite Diamond, LLC. This First Amendment extends the Concession Agreement for an
additional year, through December 31, 2021, continuing all the other terms of the Concession
Agreement.

Approved as to form: Office of Corporation Counsel

By: Mpunke, Aude
Date: VD (FoAnalO Foe

FIRST AMENDMENT TO CONCESSION AGREEMENT

This First Amendment to the Concession Agreement (hereinafter “Agreement”), dated as
of the latter of the signatures below, is by and between the City of Nashua, a municipality
incorporated in the State of New Hampshire, having a mailing address of 229 Main Street,
Nashua, County of Hillsborough, New Hampshire 03061 (hereinafter “City”) and Granite
Diamond, LLC, a New Hampshire limited liability company with an address of 67 Amherst
Street, Nashua, County of Hillsborough, New Hampshire 03064 (hereinafter “Franchisor’’).

WHEREAS, the City and Franchisor entered into a Concession Agreement dated May 14,
2019, whereby the City granted to the Franchisor certain rights in regard to the City’s Holman
Stadium facilities (hereinafter “Premises’’);

WHEREAS, the Term of the Concession Agreement was for 2 years, beginning January
1, 2019 and ending December 31, 2020;

WHEREAS, the Concession Agreement also provides for up to 5 additional one-year
options to extend the agreement pursuant to terms to be agreed upon; and

WHEREAS, the Parties with to extend the Concession Agreement to cover the first
additional option year.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, the City and Franchisor agree as

follows:

1, IV. TERM.
The term of the Concession Agreement shall be extended from December 31,
2020 to December 31, 2021.

2. OTHER TERMS AND CONDITIONS REMAIN.
In the event of any inconsistencies in the Concession Agreement and this First
Amendment, the terms of this Amendment shall control. Except as expressly set
forth in this First Amendment, the Concession Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Concession
Agreement to itself shall be deemed also to refer to this First Amendment.

3. CAPITALIZED TERMS.
All capitalized terms used but not defined herein shall have the same meaning as
defined in the Concession Agreement.

IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this First Amendment on the date set forth below.

CITY OF NASHUA

Date: , 2021 By:
James W. Donchess, Mayor
DULY AUTHORIZED

GRANITE DIAMOND, LLC

Date: , 2021 By:
John W.S. Creedon, Jr., President and LLC Manager
DULY AUTHORIZED

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named, James W.
Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing

instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2021, personally appeared the above-named,
John W.5. Creedon, Jr., President and LLC Manager of Granite Diamond, LLC, known to me (or
satisfactorily proven) to be the person whose name is subscribed herein and acknowledged that
he/she executed the foregoing instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

R-21-113

RESOLUTION

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

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

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

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-113

PURPOSE: Authorizing the Mayor to enter into a First Amendment to the
14 Court Street Lease for Unit B with Liquid Therapy, LLC

ENDORSERS: Alderman-at-Large Ben Clemons
Alderman Thomas Lopez

COMMITTEE
ASSIGNMENT: Finance Committee
FISCAL NOTE: Starting in 2021, there should be a reduction in utility costs for

14 Court Street.

ANALYSIS

This resolution authorizes the Mayor to enter into a First Amendment to 14 Court Street Lease
for Unit B with Liquid Therapy, LLC. The First Amendment amends the language in the
Utilities section of the lease.

Approved as to form: Office of Corporation Counsel

By: Vet, Core
Date: on Nandan 271

FIRST AMENDMENT TO 14 COURT STREET LEASE FOR UNIT B

This First Amendment to the 14 Court Street Lease for Unit B (hereinafter “Lease”),
dated as of the latter of the signatures below, is by and between the City of Nashua, a
municipality incorporated in the State of New Hampshire, having a mailing address of 229 Main
Street, Nashua, County of Hillsborough, New Hampshire 03061 (hereinafter “Lessor”) and
Liquid Therapy, LLC, a New Hampshire limited liability corporation, with a business address of
5 New Haven Drive, #201, Nashua, New Hampshire 03063 (hereinafter ‘““Lessee”’).

WHEREAS, Lessor and Lessee entered into a 14 Court Street Lease for Unit B on July 1,
2018 (hereinafter “Lease”’), whereby the Lessor granted to the Lessee certain nghts in regard to a
portion of the property located at 14 Court Street, Nashua, New Hampshire (hereinafter “Lease
Area’’);

WHEREAS, the Term of the Lease is July 1, 2018 through June 30, 2023; and

WHEREAS, the Parties wish to amend certain terms and conditions in the Lease.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, Lessor and Lessee agree as follows:

1. Delete the existing Section 8 “Utilities”, and replace it with the following new Section 8:

8. UTILITIES

Access to electricity, water, sewer, and gas service on the Lease Area and Associated
Outdoor Area are available. The Lessee will have the capacity to connect to these
utilities. Electric, water, sewer, and gas use by the Lessee will be tracked by submeters,
and the Lessee will pay for its use of these services starting July 1, 2021. The cost for
installation of the submeters will be borne by the Lessor. The Lessee is responsible for

obtaining telephone, data, and any other telecommunications and internet connections