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ARTICLE 40
EMERGENCY LEAVE/PERSONAL TIME

EMERGENCY LEAVE:

Definition:

Emergency Leave is defined as set forth in Nashua Police Department Rules and Regulations.
Regular Full-Time Employees:

For the purpose of this Article the words "emergency leave" means time when an employee is
excused from active duty for emergency reasons. Said time is deducted from the employee’s
accumulated sick leave. If no sick leave is available, the employee is not eligible to receive an
emergency leave day.

Regular Part-Time Employees:

For the purpose of this Article the words "emergency leave" means a normal workday, when an
employee is excused from active duty for emergency reasons. Said time is deducted from the
employee's yearly sick leave balance. If no sick leave is available, the employee is not eligible to
receive an emergency leave day. Only upon the discretion of the Chief of Police (or the Deputy

Chief of Operations in his absence) will a part-time employee be allowed to take a day off for
emergency leave without pay.

Approval of Leave:

With prior approval and at the discretion of the Chief of Police or his designee, Emergency
Leave may be granted to employees. The appropriate form will be completed by the supervisor
or employee. The form will be forwarded to the Financial Services Division for deduction
purposes.

Extensions of Emergency Leave:

An employee may be granted an extension beyond the 8-hours of emergency leave up to two (2)

weeks at the sole discretion of the Chief of Police. Any requests for extensions shall be in
writing on the appropriate form and shall set forth in detail the reasons therefor,

Disputes:

Disputes concerning emergency leave shall not be subject to the Grievance Procedure.
PERSONAL TIME:

Definition:

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Personal Time is defined as a special situation that arises that is not considered as any other type
of leave contained within this bargaining agreement such as a Personal Day, family medical
leave, etc.

At any one time the minimum time allowed will be 30 minutes, and the maximum time allowed
is eight hours. Such time shall not exceed 16 hours in any calendar year, and shall be deducted
from the employee’s accumulated sick leave. If no sick leave is available, the employee is not
eligible to receive Personal Time.

Requesting Personal Time:

In writing on the appropriate Department form, employees will be allowed to formally request
Personal Time off during their workday. On the form, the employee is required to specify the
reason(s) for the Personal Time.

Approval of Personal Time:

With prior approval and at the discretion of the Chief of Police or his designee, Personal Time
may be granted to employees. The form will be forwarded to the Financial Services Bureau for
deduction purposes.

Use with other leave:

Personal time may be used in conjunction with lunch breaks upon approval of the member’s
supervisor.

Disputes:

Disputes concerning Personal Time shall not be subject to the Grievance Procedure.

ARTICLE 41
TEAMSTERS D.R.LV.E.

The City agrees to a D.R.LV.E. check-off for members. Upon written authorization by the
members, the City shall deduct certain amounts as specified by the member on a bi-weekly basis
and remit same on a bi-weekly basis to the Local Union’s D.R.I.-V.E. account. The name of such
fund is Granite State Teamsters’ D.R.LV.E. Where laws require written authorization by the
employee, such authorization is to be furnished in the form required. The necessary forms for
authorizing this deduction and for remitting deductions to the Union will be furnished by the
Union. No unlawful deductions shall be made.

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ARTICLE 42
CREDIT UNION

The City agrees to direct deposit for the Local Union’s Credit Union (known as the New England
Teamsters Federal Credit Union), any amount on a weekly basis, authorized by the member to be
remitted on a monthly basis no later than the 20" of the month. Where laws require written
authorization by the employee, same is to be furnished in the form required. Forms necessary for
written authorization by members that are necessary for remitting deposits to the Union’s credit
union will be supplied by the Union. No deductions shail be made which are prohibited by
applicable law.

ARTICLE 43
TERM OF AGREEMENT

This Agreement shall remain in full force and effect from midnight, July 1, 2014, until midnight,
June 30, 2017.

Any party intending to alter or modify this Agreement or negotiate a successor agreement hereto,
shall give notice to the other party of such intention at least one-hundred and twenty (120) days
prior to the expiration date hereof, after which the parties shall forthwith arrange to commence
collective bargaining negotiations.

This Agreement is dated , 2017.
NASHUA BOARD OF POLICE TEAMSTERS LOCAL 633 & NPD
COMMISSIONERS CIVILIAN EMPLOYEES

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WITNESSES:

@2)) THE CITY OF NASHUA “the Gate City"

Adrninistrative Service s
Purchasing De partrre nt

Addendum 1
IFB 0779-110321

Waste Line Replacement

October 19, 2021
Information included in this document becomes a part of the original IFB

lf you are submitting a paper bid, please sign below to indicate receipt of this additional information and
include this page with your bid submittal. If you are submitting a proposal via Bid Express please be sure to
acknowledge the addendum on the website before submitting your proposal.

Addendum 1 is being issued to modify the bidding documents to include questions and answers received
from potential bidders with the initial IFB.

All other aspects of the original document remain the same.

Please sign and return this page with your submitted proposal. Failure to acknowledge the addendum will
result in the bid submittal being disqualified.

| acknowledge that Addendum 1 has been received and incorporated into bid submittal for IFB
0779-110321.

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229 Main Street * Nashua, New Hampshire 03061 * Phone (603) 589-3330 « Fax (603)
589-3233

R-20-059

RESOLUTION

AUTHORIZING THE SALE OF CITY REAL PROPERTY LOCATED AT 141-143
BURKE STREET (MAP 11, LOT 158) TO BURKE STREET NASHUA, LLC

CITY OF NASHUA

in the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City af Nashua that the Mayor is hereby
authorized to enter into a Purchase and Sale Agreement, substantially similar to the attached, for
the sale of City real property at 141-143 Burke Street (Map 11, Lot 158). The purchase price for
the property is three million six hundred and fifty thousand dollars ($3,650,000).

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-20-059

PURPOSE: Authorizing the sale of City real property located at 141-143
Burke Street (Map 11, Lot 158) to Burke Street Nashua, LLC

ENDORSERS: Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Committee on Infrastructure
Nashua Planning Board
FISCAL NOTE: The purchase of this building and land was funded through R-

15-172. (Authorizing the acquisition of property at 141-143
Burke Street, Tax Map 11, Lot 158, for a purchase price of
$4,200,000). Proceeds from this sale must be spent within 24
months of receipt as prescribed in the bond spending and
arbitrage requirements rule.

ANALYSIS
This resolution authorizes the Mayor to enter into a Purchase and Sale Agreement with Burke
Street Nashua, LLC and sell City-owned real property located at 141-143 Burke Street. The sale
price is $3,650,000. The City acquired the property in 2015 with the intent it would be used by
the Department of Public Works (DPW) (R-15-172). At the Board of Public Works meeting of
July 30, 2019, the Board voted unanimously to transfer to the Board of Aldermen the jurisdiction
for 141-145 Burke Street, Map 11, Lot 158 (excluding new Map 11, Lot 161, 2.5 acres
subdivided from the original parcel purchased by the City which is being retained for DPW).

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 form: Office of Corporation Counsel
By: /s/ Celia Is. Leonard

Date: August 5, 2020

PURCHASE AND SALE AGREEMENT

THIS PURCHASE AND SALE AGREEMENT (this Agreement”), is made as of
, 2020 (the “Effective Date”), by and between Burke Street Nashua, LLC, a
limited liability company with an address at 124 Joliette Street, Manchester,
NH 03102 (“Purchaser”) and the City of Nashua, New Hampshire municipal with an address of
229 Main Street, Nashua, NH 03060 (‘Seiler’).

l. PURCHASE AND SALE.

Seller shall seil and convey to Purchaser, and Purchaser shall purchase from Seller, in
accordance with and subject to the provisions, terms and conditions of this Agreement, the
following:

(a) Premises. That certain parcel of land known as 141 Burke Street, Nashua, NH,
together with all rights, privileges, easements and other rights appurtenant to such land, and as
more particularly described in Exhibit A attached hereto (collectively, the “Premises”);

(b) Improvements. Together with all other structures and improvements located on
the Premises, including, without limitation, all fixtures belonging to the Seller and used in
connection therewith and all construction supplies and materials on site at the Premises, if any
(the “Improvements” and together with the Premises, the “Property”);

2. PURCHASE PRICE.

The “Purchase Price” to be paid by Purchaser to Seller for the Property shall be
$3,650,000.00, payable as follows:

(a) Simultaneously with the execution of this Agreement, Purchaser shall deliver a
deposit of $25,000.00 to the City of Nashua (the “Initial Deposit”) to be applied against the
Purchase Price. The Initial Deposit is nonrefundable;

(b) Within 2 days after the expiration of the Due Diligence Period (as defined below)
an additional deposit of $100,000 to be held by Sheehan, Phinney, Bass and Green (the “Escrow
Agent”), in a non- interest bearing account and applied against the Purchase Price or otherwise
disbursed according to the terms and conditions of this Agreement (the “Second Deposit,”
together with the Initial Deposit, the “Deposit”); and

(c) The balance of the Purchase Price, shall be payable by Purchaser to Seller at
closing of title, subject to the adjustments provided for herein, by wire transfer of immediately
available funds.

3. CLOSING DATE.

The delivery of the deed and the closing of title (the “Closing” or the “Closing Date”)
shall take place at the offices of Escrow Agent, or such other place and time as the parties may
agree, no later than that date which is 30 days after the expiration of the Due Diligence Period,
but in no event no later than December 31, 2020. TIME IS OF THE ESSENCE with respect to
the Closing Date and all other dates for performance set forth in this Agreement. If the
Purchaser requests an extension of the Closing Date in order to perform its obligations, a
monthly payment of $10,000 shall be paid to the Seller which payment will be non-refundable
and will not be credited to the purchase price. Ifthe Closing Date is extended for any other
reason, no additional payment shall be required.

4, USE OF MONEY TO CLEAR TITLE.

To enable Seller to make conveyance as herein provided, Seller may, at the time of
delivery of the Deed, use the purchase money or any portion thereof to clear the title of any or all
encumbrances or interests, provided that such encumbrances shall be discharged out of the
closing funds, or, in the case of any mortgage or other security instrument held by an institutional
lender, shall be paid off pursuant to written instructions from the holders of such encumbrances
(a) setting forth the amount due as of the Closing Date with a per diem interest amount, (b)
providing wiring instructions for payment of such amount to such holder and (c) confirming that
the holder will execute and deliver discharges of such encumbrances upon receipt of the amount
due.

5. EXAMINATION OF TITLE.

The cost of examination of title shall be borne by Purchaser. During the Due Diligence
Period, Purchaser may conduct such investigations of the condition of title to the Property,
including such title searches and land title surveys as Purchaser shall elect to perform (the “Title
Examination”). Purchaser shall notify Seller in writing on or before 5:00 p.m. on the last day of
the Due Diligence Period of any Title Objections (the “Title Notice”). As used herein,
Purchaser’s “Title Objections” may include any defects, exceptions, encumbrances to Seller’s
title to the Property, and may include both monetary encumbrances and non-monetary
encumbrances. Seller shall have 10 days (the “Cure Notice Period”) after the timely receipt of a
Title Notice to give Purchaser written notice (“Cure Notice”) as to which, if any, Title
Objections Seller agrees to cure on or before the Closing Date (the “Cured Title Objections”). If
Seller does not give a Cure Notice within such period, Seller shall be deemed to have elected not
to cure any of the Title Objections, and in that event, or if Seller gives Purchaser a Cure Notice
within such period but does not agree therein to cure all Title Objections, then Purchaser may
elect to terminate this Agreement by giving Seller written notice of such election prior to the
Closing Date, If Purchaser so elects, then this Agreement shall terminate as of the date of
Purchaser’s termination notice, whereupon the Second Deposit shall be promptly returned to
Purchaser by Escrow Agent, and this Agreement shall become void and without recourse to the
parties hereto. In any event, Seller shall cause all monetary encumbrances reported in the Title
Notice to be discharged, terminated or otherwise removed from the title to pursuant to Section 4.
If Seller fails to remove or cure any such non-monetary encumbrances for which Seller is

responsible under the Cure Notice on or before the Closing, Purchaser shall have the option of
either terminating this Agreement by written notice to Seller and or proceeding to Closing
without any deduction, reduction or offset in the Purchase Price, except to pay any monetary
liens encumbering the Premises. If Purchaser terminates this Agreement as a result of Seller’s
failure to cure any matter set forth in the Cure Notice, the Second Deposit shall be promptly
returned to Purchaser.

6. TRANSFER TAXES; ADJUSTMENTS.

Pursuant to statute, Seller is exempt from New Hampshire Real Estate Transfer Tax.
Purchaser shall pay Purchaser’s portion of the New Hampshire Real Estate Transfer Tax
imposed on the transaction contemplated by this Agreement. Sewer liens or any other
governmental lien or assessment and use taxes will be apportioned in accordance with standard
conveyancing practice in New Hampshire. Should any tax, assessment or rate be undetermined
on the Closing Date, the last determined tax, assessment or rate shall be used for the purpose of
the apportionment; provided, however, at Closing the parties shall enter into an agreement to
adjust said apportionment between them upon issuance of the final tax bill for the tax period in
which the Closing occurs. All revenues and expenses, including, but not limited to, installment
payments of special assessment liens, utility charges, reimbursement of maintenance and repair
expenses and normally prorated operating expenses billed or paid as of the Closing Date shall be
prorated as of the Closing. Gas, electricity, water, sewer and other utility charges for which
Seller is responsible, if any, and such charges shall be apportioned at Closing on the basis of the
most recent meter reading occurring prior to the Closing. Any other operating expenses and other
items pertaining to the Property which are customarily prorated between a buyer and seller in the
area where the Property is located, such as costs arising from any service contracts assumed by
Purchaser, shall be apportioned in accordance with such local customs.

7. INSURANCE AND RISK OF LOSS.

All risk of loss until recordation of deed required herein, whether in whole or in part,
shall be bome by the Seller.

8. POSSESSION.

Full possession of the Property, shall be delivered on the Closing Date, the Property to be
then in the same condition as it is now, except for reasonable use and wear or as otherwise
expressly stated herein.

9. SALE “AS-IS”; REPRESENTATIONS AND WARRANTIES.

The Property shall be sold and conveyed strictly on an “as is”, “where is” and “with all
defects” basis and, except as otherwise expressly stated herein, without representation, warranty
or covenant, express, implied or statutory, of any kind whatsoever, including, without limitation,
representation, warranty or covenant as to condition (environmental or otherwise), past or
present use, investment potential, tax ramifications or consequences, income, compliance with
law, suitability for any particular purpose, all of which are hereby expressly disclaimed. Without