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current activities of other unit owners. To the best of Seller’s knowledge, the
Premises complies in all material respects with all applicable federal and state
environmental laws and regulations. Seller has not received any written notice
from any governmental authority or any written complaint from any third party
with respect to its alleged non-compliance with, or potential liability under, any
environmental laws and regulations.

(i) There are no rights of first refusal or options to purchase associated with the
Premises.
(j) Seller has authority to enter into this Agreement and will provide necessary

authority documents at the Closing.
These representations shall survive the Closing.

Other than the representations contained above and the warranty of the proposed
Warranty Deed, Seller makes no representation or warranty as to fitness, merchantability,
condition or use of the Premises for any particular purpose as the Premises is sold “AS-IS”.

9. DEFAULT AND REMEDIES. In the event that Buyer defaults in the performance of its
obligations hereunder, Seller shall be entitled to retain the Deposit as reasonable liquidated
damages.

10. ACCESS TO THE PREMISES. The Seller hereby grants to the Buyer, its agents and
independent contractors, access to the Premises to undertake such activities as may be necessary
for the Buyer to exercise its rights this Agreement. The Buyer shall restore any portion of the
Premises disturbed by the Buyer in connection with such activities. Buyer, its agents and
independent contractors, shall use their best efforts to minimize the disturbances and impact on
Seller during such activities and shall indemnify and hold harmless Seller from any damages
resulting from such activities.

11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has
dealt with any real estate broker, agent or salesperson in connection with this transaction. Each
party agrees to defend, indemnify, and hold the other harmless from any claims, costs,
judgments, or liabilities of any kind advanced by persons claiming real estate brokerage fees
through the indemnified party. The indemnities set forth in this Section shall survive closing.

12. PERSONAL PROPERTY INCLUDED. Buyer is unrepresented. Buyer is represented
by Ron Fredette of KW Commercial NH. .

13. ADJUSTMENTS, PRORATIONS AND CLOSING COSiTS.
(a) Real Estate taxes, assessments, special assessments, rents, water bills, sewer,

utilities and condominium association fees, shall be prorated as of the Closing,
and the Selling price shall be adjusted accordingly.

(b) All recording fees for the deed of conveyance will be paid by the Buyer.
Recording fees for any necessary discharges will be paid by the Seller from the
closing proceeds.

(c) Seller and Buyer shall pay their own attorney’s and, if applicable, broker fees.

(d) This transfer will be exempt from New Hampshire real estate transfer tax pursuant
to NH RSA 78-B:2, I.

14. CONDEMNATION. In the event of the taking of all or any part of the Premises by
eminent domain proceedings, or the commencement or bona fide threat of the commencement of
any such proceedings, prior to Closing, Buyer shall have the right, at Buyer’s option, to
terminate this Agreement by giving written notice thereof to Seller prior to Closing. If Buyer
does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any
awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at
Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds to
be paid or to become payable after Closing by reason of any taking. Seller shall notify Buyer of
eminent domain proceedings within five (5) days after Seller learns thereof.

15. GENERAL PROVISIONS.

(a) Entire Agreement. All representations, statements, and agreements heretofore
made between the parties are merged in this Agreement, which alone fully and
completely expresses their respective obligations, and this Agreement is entered
into by each party after opportunity for investigation, neither party relying on any
statement or representation not embodied in this Agreement made by the other or
on its behalf.

(b) Modification. This Agreement cannot be changed, amended, or modified in any
way except by an instrument in writing, executed by the party or parties to be
charged with the change, amendment, or modification.

(c) Notices and Requests. Any notice, request, instruction, or other document given
or required to be given hereunder shall be in writing, and shall be deemed given
when hand-delivered or deposited in the mail by registered or certified mail,
postage pre-paid, to the parties at the following address, or as at such other
addresses as the parties by like manner shall notify each other from time to time:

TO SELLER: Grace Fellowship of Nashua

TO BUYER City of Nashua
Economic Development Division Director
229 Main Street

Nashua, NH 03061

With a copy to: Celia KK. Leonard
Deputy Corporation Counsel
229 Main Street
Nashua, NH 03061

(d) Governing Law. This Agreement shall be interpreted under the laws of the State of
New Hampshire. The captions used herein are for convenience only, are not a part of this
Agreement, and shall not be used in construing it.

{e) Counterparts. For the convenience of the parties, this Agreement may be executed
in several counterparts, which are in all respects identical and each of which shall be deemed to be
complete in itself so that any one may be mtroduced in evidence or used for any other purpose
without the production of the other counterparts.

(f) Further Assurances. In addition to the acts and deeds recited herein and
contemplated to be performed at Closing, Seller and Buyer agree to perform such other acts and to
execute and/or deliver such other instruments and documents as either Seller or Buyer, or their
respective legal counsel, may reasonably require to effectuate the objectives of this Agreement.

[SIGNATURE PAGES FOLLOW]

Seller
Grace Fellowship of Nashua

Name:
Title:

Buyer
City of Nashua

Name:
Title:

Jahmal Mosley, Ed. BD.
Superintendent

Garth Mckinney, Ed. DB.
Assistant Superintendent

SCHOOL DISTRICT

Donna Fitzpatrick, Ed. $.
Assistant Superintendent

Daniel Donovan

Gateway to Opportunity Chief Operating Officer

To: Finance and Operations Committee
From: Daniel Donovan
Date: October 6, 2020

RE: Purchase of 55 Franklin Street

With the increase in the number of pre-school students continuing to grow each year, our elementary
schools as of the end of this past year left us with no extra classrooms. Our preschool enrollment
numbers have increased from 231 to 275 in the past 3 years and are expected to continue to grow.
Having one central location for our preschools would not only make cur programs more efficient but
also leave more space in our current elementary schools for student specific needs such as behavior
management and OT/PT expanded programs for regular and special education students. In speaking
with the Director of Special Education, if we can consolidate our preschool programs in one location we
may be able to reduce the number of specialists necessary and potentially reduce labor costs going
forward.

We also currently rent space on Amherst Street for our Brentwood Program at a cost last year of
$170,000. (Base rent of $155,000 and CAM charges of $15,000} The base rent for this year will be
5160,000 plus CAM costs.

This lease ends in June 2021 so we will either have to add years to the current lease or look for a new
space. It became evident that when searching for school space three years ago that most commercial
buildings are not suited for a classroom setting, and to renovate to fit our needs would be ata
significant cast,

This past spring, we viewed a few locations with the help of Tim Cummings the city’s economic
development director as well as members of Special Education and Administration. The property at 55
Franklin was the first choice of the group. This building was the former home to the Nashua Christian
School so it was configured more like a school than any other property other than the Infant Jesus
School. That building has been rented by another group and was also not for sale. We were looking to
purchase a facility instead of paying an annual rental fee.

The attached purchase and sales agreement detail the plan for a purchase. We have an agreement in
place with the owner, Grace Fellowship Church, that will allow us to purchase the building on an
installment payment plan. This allows us to use mostly grant and operating funds to purchase the
facility. The installments will be as follows:

141 Ledge Street, Nashua, New Hampshire 03060
T: (603) 966-1000 =F: (603) 594-4350
www .nashua.edu/district/

Jahrmnal Mosley, Ed. D.
Superintendent

Garth McKinney, Ed. D.
Assistant Superintendent

SCHOOL DISTRICT

Daniel Donovan

Donna Fitzpatrick, Ed. $. -
Gateway to Opportunity Chief Operating Officer

Assistant Superintendent

#1 $600,000 ($430,000 coming from a grant and $170,00 coming from the operating budget
using funds from transportation savings due to remote learning this September.

#2 $250,000 (this will come from savings on the Brentwood lease of $175,000 and $75,000 to
be budgeted in the FY22 operating budget)

#3 $250,000 (Same as #2)

#4 $725,000 This will come from savings on Brentwood as well as repurposing excess middle
school bond funds as the middle school project will be close to, if not fully complete. We currently have
significant contingency funds in the middle school project.

The $430,000 in grant funds and the excess middle school bond funds offer a unique opportunity for the
district to purchase a building versus paying for rent over the long term for a facility.

There is also the possibility that the current rent the district pays to the First Church for the Title 1
kindergarten program might become available if we move that program to 55 Franklin Street. Current
rent is $50,000.

In the current budget we aiso have set aside from the 2020-2021 one-time funds approximately
$400,000 to improve the current Franklin Street facility. Plant operations personnel have visited the
building and we have also had the current Middle School architect perform a study to determine if there
will be any significant issues. The timing of the purchase will also give Plant operations personnel plenty
of time to get any work done prior to moving in in the fall of 2021.

141 Ledge Street, Nashua, New Hampshire 03060
T: (603} 966-1000 — F: (603) 594-4350
www.nashua.edu/district/

R-20-091

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $5,700,000 LEAD
BASED PAINT HAZARD REDUCTION GRANT FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

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 is
authorized to accept and appropriate $5,700,000 from the United States Department of Housing
and Urban Development into Urban Programs grant activity “Lead Hazard Reduction Grant” for
the purpose of identifying and controlling lead based paint hazards in low income housing. The
period of performance for this grant is 45 months and shall begin on approximately January 4,
2021,

The Mayor is authorized to execute all understandings, assurances and agreements as
required to further the purposes hereof.

LEGISLATIVE YEAR 2020

RESOLUTION: R-29-091

PURPOSE: Relative to the acceptance and appropriation of a $5,700,000
Lead Based Paint Hazard Reduction Grant from the United
States Department of Housing and Urban Development

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $5,700,000 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the City of Nashua to accept and appropriate $5,700,000 from the
United States Department of Housing and Urban Development for the purpose of identifying and
controlling lead based paint hazards in low income housing. The period of performance for this
grant is 45 months and shall begin on approximately January 4, 2021.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

Date: A oryderdkze APD

Board of Aldermen
February 23, 2016 Page 8

Alderman Siegel

All | can say is bing, bing, bing. That's exactly the problem I’m trying to address. | understand that someone
else will get it perhaps, but it’s time for us to adopt an attitude that there’s a limit to resources even though they
appear to be coming from a state or federal tree. Sometimes grants that come our way are actually silly to
have. We should start taking a closer look at them and have, | wouldn’t call it the courage, but perhaps call it a
little bit of the wisdom to say no occasionally if what’s we’re asked to be doing with this actually has no real
positive effect that we can ascertain. Again, others may disagree but it’s time to put a stick in the ground on
this kind of spending.

A Viva Voce Roll Call vote was taken which resulted as follows:

Yea: Alderman Clemons, Alderman Dowd, Alderman Caron, 6
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Deane, Alderman Cookson, Alderman Siegel, 7
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty

MOTION FAILED

MOTION BY ALDERMAN CLEMONS TO TABLE

A Viva Voce Roll Call vote was taken which resulted as follows:

Yea: Alderman Clemons, Alderman Dowd, Alderman Caron, 6
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Deane, Alderman Cookson, Alderman Siegel, 7
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty

MOTION FAILED

MOTION BY ALDERMAN SIEGEL FOR INDEFINITE POSTPONEMENT OF R-16-007

A Viva Voce Roll Call vote was taken which resulted as follows:

Yea: Alderman Deane, Alderman Cookson, Alderman Siegel, 7
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,

Alderman Moriarty

Nay: Alderman Clemons, Alderman Dowd, Alderman Caron, 6
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Resolution R-16-007 declared indefinitely postponed.

R-20-092

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $896,349 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN
SERVICES INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT
ACTIVITY “COVID-19 ENHANCED DETECTION”

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 Division of Public Health and Community Services are authorized to accept and appropriate
$896,349 from the State of New Hampshire Department of Health and Human Services into
Public Health and Community Services grant activity “COVID-19 Enhanced Detection” for the
purpose of supporting infection contro] through enhanced detection in response to COVID-19.
This funding shall be in effect from July 1, 2020 through November 18, 2022.