APPOINTMENTS BY THE MAYOR
NOVEMBER 10, 2020
Master Plan Committee
Heidi L. MacDonald (new appointment)
42A Chesinut Street
Nashua, NH 03060
| respectfully request that this appointment be confirmed.
Jim Donchess, Mayor
CITY OF NASHUA, NEW HAMPSHIRE
OFFICE OF THE MAYOR
November 10, 2020
To the Honorable Board of Alderman,
I have this day appointed: Heidi L. MacDonald
to the office of Master Plan Committee
and respectfully request that the appointment be confirmed.
hatiasdé,
Vi
Mayor
Confirmed:
Attest:
City Clerk
R-20-089
RESOLUTION
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $30,345 FROM THE
UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY
“2020 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)”
CITY OF NASHUA
In the Year Two Thousand and Twenty
RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Nashua Police Department are authorized to accept and appropriate $30,345 from the United
States Department of Justice into Police Grant Activity “2020 Justice Assistance Grant (Multi-
Jurisdictional)” for the purpose of purchasing equipment, training and/or funding overtime.
RESOLUTION;
PURPOSE:
SPONSOR(S):
COMMITTEE
ASSIGNMENT:
FISCAL NOTE:
LEGISLATIVE YEAR 2020
R-20-089
Relative to the acceptance and appropriation of $30,345 from
the United States Department of Justice into Police Grant
Activity “2020 Justice Assistance Grant (Multi-Jurisdictional)”
Mayor Jim Donchess
Human Affairs Committee
Fiscal impact is a $30,345 grant to the City to be used for a specific
purpose. This grant does not cover the City’s cost of the wage
driven benefits (i.e, pension costs, social security, and Medicare)
associated with overtime costs. The wage driven benefits in the
amount of approximately $9,067 will be funded through the Police
Department’s operating budget.
ANALYSIS
This resolution authorizes the city to accept and appropriate funds from the United States
Department of Justice into Police Grant Activity “2020 Justice Assistance Grant (Multi-
Jurisdictional)” for the purpose of purchasing equipment, training and/or funding overtime.
Approved as to account
Financial Services Division
number and/or structure,
and amount:
Approved as to form:
By: /s/John Griffin
Office of Corporation Counsel
By: ( put, QW Aoe
Date: 2 menor, nee
R-20-090
RESOLUTION
AUTHORIZING THE PURCHASE OF LAND AND BUILDINGS AT 55 FRANKLIN
STREET (MAP 68, LOT 53)
CITY OF NASHUA
In the Year Two Thousand and Twenty
RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is hereby
authorized to purchase property located at 55 Franklin Street (Tax Map 68, Lot 53) from Grace
Fellowship of Nashua on terms and conditions in substantially similar to the attached Purchase
and Sale Agreement. The purchase price of said land and buildings shall be one million eight
hundred twenty five thousand dollars ($1,825,000).
FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the
Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and
execute all necessary documents related to the Purchase and Sale Agreement.
LEGISLATIVE YEAR 2020
RESOLUTION: R-20-090
PURPOSE: Authorizing the purchase of land and buildings at 35 Franklin
Street (Map 68, Lot 53)
ENDORSERS: Alderman Richard A. Dowd
Alderman Jan Schmidt
COMMITTEE
ASSIGNMENT: Planning and Economic Development Committee
FISCAL NOTE: Purchase price of one million eight hundred twenty five
thousand dollars ($1,825,000)
ANALYSIS
This resolution authorizes the purchase of 55 Franklin Street (Map 68, Lot 53). The Board of
Education approved the purchase on October 26, 2020.
NRO §5-4, A states that the Board of Alderman shall approve public funding for the purchase of
all City and school land and buildings. Charter §77 provides that the Planning Board “shall
review and make recommendations to the mayor and board of aldermen on all locations for
proposed municipal building and facilities, including educational, [and] on the purchase and sale
of any land by the city.”
Approved as to account Financial Services Division
structure, numbers and
amount: By: /s/John Griffin
Approved as to form: Office of Cee
By:
Date: if [4 | ona
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made
and entered into on this day of , 2020, by and between Grace
Fellowship of Nashua, having a mailing address of 55 Franklin Street, Nashua, New Hampshire
(“Seller”) and The City of Nashua, a municipal corporation, having an address of 229 Main
Street, Nashua, New Hampshire 03060, (“Buyer”).
1, PURCHASE AND SALE. Seller agrees to sell and convey, and Buyer agrees to buy, on
the terms and conditions hereinafter set forth, a parcel of land with the buildings and
improvements thereon, located in Nashua, Hillsborough County, New Hampshire, known as or
described as Lot 68-53 of the City of Nashua Tax Maps, having an address of 55 Franklin
Street, Nashua, New Hampshire, being the property described in a deed recorded in the
Hillsborough County Registry of Deeds, Book 6243, Page 1916 (“Premises”).
2. PURCHASE PRICE. Subject to any adjustments and prorations hereinafter described,
Buyer agrees to pay for the Premises the sum of One Million Eight Hundred Twenty Five
Thousand and 00/100 Dollars ($1,825,000.00) (“Purchase Price”). The Purchase Price shall be
payable as installments as follows:
Deposit: paid on or before 10 days of fully executed Agreement $430,000
Installment #1: paid at closing $170,000
Installment #2 paid on or before September 30, 2021 $250,000
Installment #3: paid on or before September 30, 2022 $250,000
Installment #4: paid on or before September 30, 2021 $725,000
Installments may be prepaid at any time without penalty.
3, TITLE. Seller shall convey the Premises to the Buyer at the Closing in fee simple with
good, insurable, and marketable title by Warranty Deed, free and clear of all liens and
encumbrances, except as set forth in the deed or matters of record. Parties shall also deliver such
additional documents as may be required under this Agreement or as may be reasonably required
by their respective counsel or the title insurance companies insuring the transaction, including
but not limited to, assignments, affidavits, documents and certificates.
4. CLOSING. The closing shall occur on , 2020, at a time and location
mutually agreed to by the parties.
5, INSPECTION AND DUE DILIGENCE PERIOD. The obligations of Buyer to
consummate the transaction contemplated by this Agreement are expressly conditioned on the
satisfaction of each of the following conditions and, if any such condition is not satisfied as
hereafter provided, Buyer will be entitled to either: (a) waive the same in writing; or (b) terminate
this Agreement. On such termination the Buyer and Seller will be released from further
performance hereunder.
Board of Aldermen
February 23, 2016 Page 7
R-16-006
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE TRANSFER OF $200,000 FROM DEPARTMENT 194 “CONTINGENCY”,
ACCOUNT #70100 “GENERAL CONTINGENCY” INTO VARIOUS ACCOUNTS FOR RETIREMENT
AND UTILITY COSTS
Given its second reading;
MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-16-006
MOTION CARRIED
Resolution R-16-006 declared duly adopted.
R-16-007
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $40,000 FROM THE STATE OF NEW
HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH AND
COMMUNITY SERVICES GRANT ACTIVITY “FY2016 AND FY2017 CLIMATE AND HEALTH
ADAPTATION PLAN (CHAP)”
Given its second reading;
MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-16-007
ON THE QUESTION
Alderman Siegel
| Know normally we just sort of autopilot these acceptance of funds through, but in this particular case I’m going
to take the unusual step to vote no. The reason is because although this is not directly city funded money, it is
still money from the state. Quite honestly, | don’t get it. It sounds really good but after all is said and done, |
don’t know what we actually produce from this or what the end result of this study or how the world changes.
Nashua spends $40,000. We do a study, and all of a sudden we’re going to prevent cyclonic activity in the
Pacific Ocean. | know it’s probably a futile effort and everybody will vote for it anyway, but all money is not free.
Alderman Schoneman
Perhaps one of the sponsors can explain exactly what the product would be from this.
President McCarthy
Would anyone like to address that?
Alderman Clemons
I'll just say for the record that if it wasn’t Nashua getting this grant, it would be somewhere else. I’m going to
vote in favor of it regardless. That’s just my opinion. Thank you.
A. Title Examination/Survey.
1, If Buyer desires an examination of title or survey of the Premises, it
shall pay the cost thereof.
2. The Buyer shall report to the Seller the results of any such survey or
examination of title within forty-five (45) days of the acceptance of this Agreement by the Seller
and in such report (the “Title Report”) identify any survey issues, defects in title, encumbrances or
other matters which would render title unmarketable (collectively the “Objections”) and (ii) any
mortgages, liens or other financial encumbrances (“Financial Encumbrances”). In the Title Report,
the Buyer shall also identify those matters of title to which the Buyer has no objection (the
“Permitted Encumbrances”), Ifthe Buyer does not provide a Title Report within the time period set
forth above, this contingency shall be deemed waived by the Buyer.
3. The Seller, at its election, may attempt to remove or correct the
Objections in or within thirty (30) days of receipt of the Title Report. With respect to the Financial
Encumbrances, they shall be paid in full from the funds due Seller at the closing.
4, During the pendency of this Agreement, the Seller shall not (i) enter
into any tenancy agreement, lease, occupancy agreement or other agreement concerning the
possession or use of the Premises with any third parties; (ii) grant any easements, establish any
covenants, nor suffer, permit or grant any encumbrances (including mortgages, liens or
attachments); or (iii) grant, transfer, assign, convey, pledge, mortgage or otherwise hypothecate any
interest in the Premises, or suffer the same to occur. In the event that an involuntary attachment is
placed against the Premises, then the Seller shall have up to thirty (30) days to cause a release or
discharge of such attachment to be duly issued or ordered and recorded.
5. In the event the Seller is unable or unwilling to remove the
Objections within the thirty (0) day period specified in subparagraph (c) above, then, at the
Buyer’s election, (i) this Agreement shall terminate and neither party having any further obligations
to or rights against the other under this Agreement; or Gi) the Buyer may elect to complete the
Closing and accept such title to the Premises as the Seller may convey, without any diminution in
the Purchase Price. In the event that an encumbrance or a matter akin to an Objection against the
Premises after the effective date of the Title Report and before the Closing, then the Seller shall
undertake to remove such encumbrance or matter prior to the Closing to enable the SELLER to
convey the Premises as contemplated in Section 3 above.
B. Due Diligence. Buyer shall have sixty (60) days from the execution of this
Agreement (the “Due Diligence Period”) to undertake at its sole cost and expense the following: (i)
an Environmental Phase I Report; (ii) an Environmental Phase 1] Report (if deemed prudent as a
result of the Environmental Phase 1); (i1i) cost estimates to address any environmental issues; (iv)
test pits and borings; (v) wetlands studies; (vi) Zoning/Planning review with the City of Nashua; and
(vii) investigation into any other issues relevant to Buyer’s decision to the purchase of the Premises.
If Buyer shall discover or determine prior to the expiration of the Due Diligence Period
that it is not satisfied in any way with the status of the Premises or the results of any of its due
diligence or inspections, Buyer shall have right to terminate this Agreement and have the Deposit
refunded forthwith, and all the parties shall thereafter be released from any further obligations
hereunder.
6. POSSESSION OF THE PREMISES AND RISK OF LOSS. The Premises shall be
delivered to the Buyer at the time of the closing free of all tenants, personal property, and
encumbrances, The risk of loss or damage to the Premises, by fire or other casualty, or
condemnation, prior to the Closing Date is assumed by Seller. [fall or a portion of the Premises
should be destroyed or damaged by fire, other casualty, or taken by eminent domain, Buyer may, at
its option, terminate this Agreement by written notice delivered to the Seller at or prior to the
closing, and both parties shall be discharged from all further obligations or Buyer may accept
assignment of insurance or condemnation proceeds and proceed with purchasing the Premises.
7. FINANCING, This Agreement is not contingent upon the Buyer obtaining financing.
8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as
of the Closing:
(a) The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.
(b) There are no unrecorded outstanding pending or threatened liens, claims, rights of
first refusal, licenses, or encumbrances against or affecting the Premises, which
have not been disclosed to Buyer in this Agreement.
(c) There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of
the Premises, which have not been disclosed to Buyer in this Agreement,
including without limitation Mechanic’s Liens.
(d) Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.
(e) There are no leases of any portion of the Premises.
(f) Seller has no knowledge of any pending or threatened litigation that may
adversely affect the transfer of the Premises hereunder or materially affect the
value of the Premises.
(g) Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any
such condemnation, requisition or taking has been received by the Seller and no
such condemnation, requisition or taking is threatened.
(h) Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused
the same to be released into the environment or discharged, placed or disposed of
at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the
