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R-20-054

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO EXECUTE A LEASE WITH
WHITING BUILDING, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a lease with Whiting Building, LLC for the premises identified as the fourth (4")
and fifth (5") floor office space(s) in the Landmark Building with a postal address of 138-144
Main Street, Nashua, for the Public Health Relocation Plan, in substantially the same form as the
attached (“Lease”).

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 and take all necessary actions contemplated by the Lease or
required to effectuate the same, including but not limited to grants or other funding sources for
the Lease and exercising the right to renew the Lease.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-054

PURPOSE: Authorizing the City of Nashua to execute a Lease with
Whiting Building, LLC

ENDORSERS: Mayor Jim Donchess

Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Linda Harriott-—Gathright

COMMITTEE
ASSIGNMENT: Finance Committee
FISCAL NOTE: The cost of the one year lease is $48,300 funded by the GOFERR
Grant Fund.
ANALYSIS

This resolution authorizes the City to enter into a lease with Whiting Building, LLC substantially
similar to the attached document.

Under NRO Section 5.4 D, the Board of Aldermen shall approve the rental of lands and
buildings not owned by the City with “any rental agreement that extends from the current fiscal
year into succeeding fiscal year(s) in which no funds have been appropriated nor otherwise
designated.”

Approved as to form: Office of Corporation Counsel

mL 7

Date: —/ /q tii

LEASE

THIS LEASE is made as of , 2020, by and between the Whiting
Building, LLC, a New Hampshire limited liability Company, with a principle address at of 75
Concord Street, Nashua, NH 03064 (the “Lessor”) and The City of Nashua, New Hampshire, a
municipality with an address of 229 Main Street, Nashua, NH 03060, (the “Lessee”) and

DESCRIPTION OF PREMISES. The Lessor hereby agrees to lease to the Lessee, subject to the
terms and conditions set forth herein, and the Lessee agrees to lease from the Lessor, the
premises identified as the fourth (4"") and fifth (5"") floor office space(s) in the Landmark
Building with a postal address of 138-144 Main Street and located on the City of Nashua’s
Assessor’s Tax Map 33, Lot 91, Comprising of 4,830 square feet of office space in total between
the two floors and as more specifically described on Exhibit A attached hereto “The Public
Health Relocation Plan” (the Premises”).

TERM. The term of the Lease shall be up to 12 months, commencing on the date hereof and
ending on (the “Term”) subject to Lessee’s right to terminate as set forth

below.

OPTION. The Lessee shall have the right at its sole discretion to renew this lease with a
maximum three percent (3%) increase over the gross rent agreed to below in paragraph five (5).

TERMINATION. The Lessee may terminate the Lease at any time during the Term of the Lease
by written notice delivered to the Lessor at least 60 days prior to the date of termination set forth
in such notice.

RENT. The rent for the Premises to be paid by the Lessee to the Lessor during the Term of the
Lease shall be $48,300, which rent shali be due and payable with an initial payment of
$24,150.00, at the commencement of the lease and a second payment for $24,150.00 due six
months later during the Term of the Lease. If the Lease is renewed for consecutive year(s), rent
shall be due in two installments as follows: the first installment being one-half (1/2) of the then-
current rent will be due the first day of the renewal term and the second installment, totaling the
balance of the then-current annual rent will be due six months later or 2 way to the end of the
renewal terms, whichever is later.

MAINTENANCE & REPAIRS BY LESSEE. The Lessee shall maintain the Premises in a clean
and sanitary condition. The Lessee shall make all the repairs which are usual, necessary, or
required for the use of the Premises in the Premises and shall keep the Premises in such repair,
order, and condition as the same are in at the commencement of this Term. Lessee shall not be
responsible for common areas of the building.

ALTERATIONS AND IMPROVEMENTS. The Lessee shall not, without the prior written
consent of the Lessor, make any alterations, improvements, renovations or additions
(collectively, “Improvements”) to or upon the Premises, which consent shall-not be unreasonably
withheld. Further, Lessor will be deemed to have consented to Lessee’s proposed alterations,
improvements, renovations or additions if Lessor does not respond within 21 days after Lessee’s
written submittal.

INDEMNITY. The Lessee agrees to indemnify the Lessor against all loss, damage, liability, or
expense arising out of injury to third parties or their property, or in connection with anything
owned or controlled by the Lessee, or resulting from any act, failure to act, or negligence of the
Lessee or Lessee’s servants or agents, or from any nuisance made or suffered on the Premises.
Lessee’s indemnity shall not apply to liability caused by the negligence or willful misconduct of
Lessor.

DAMAGE OR DESTRUCTION. In the event that the Premises or a substantial portion thereof
are destroyed or damaged by fire, flood, war, or other casualty, the Lessor shall not be obligated
to rebuild or replace any building wholly or substantially destroyed. In the event of such
substantial destruction either party shal! have the option of terminating this Lease by giving
written notice to the same to the other party within 30 days of the occurrence of such destruction.
Lessee shall be entitled to a rebate or refund, as applicable, for the time the Premises is
inhabitable by Lessee.

ENCUMBRANCE, SUBLETTING, AND ASSIGNMENT. This Lease may be assigned at any
time by the Lessor. This Lease shall not be assigned or sublet in whole or in part by the Lessee
without prior written consent by Lessor, and any attempt therefore shall be void. Lessee shall
not otherwise encumber the Premises or its leasehold interest therein, and shall not permit any
mechanic’s lien or other lien for the provision of goods or services on the Premises.

QUIET POSSESSION. The Lessor covenants and warrants that the Lessor has full right and
lawful authority to enter into this Lease for the full Term hereof, and that the Lessor is lawfully
seized of the Premises hereby leased and has good title thereto free and clear of all tenancies.
The Lessor further covenants and warrants that if the Lessee shall discharge the obligations
herein set forth to be performed by the Lessee, then the Lessee shall have and enjoy, during the
Term and any renewal or extension hereof, the quiet and undisturbed possession of the Premises
for the uses herein described, together with all appurtenances thereto.

DEFAULT. Ifthe Lessee shall violate any of the covenants, conditions, or provisions contained
herein and such violation shall continue for more than ten (14) days after receipt of written notice
by Lessee of the Lessor’s notice of such default, the Lessor may immediately, or at any time
thereafter, and without demand or further notice to the Lessee (unless required by law), elect to
terminate this Lease and commence an action for eviction and removal of Lessee and exercise
any other remedies available to Lessor, singly or cumulatively.

REDELIVERY OF PREMISES. The Lessee will peaceably and quietly quit and deliver up to
the Lessor, the Premises at the expiration of the Term, leaving the Premises mn as good condition
as they now are or may be placed in during the Term of this Lease, reasonable and ordinary wear
expected. Lessee shall remove all of their property at the end of the Term. Any property
abandoned by Lessee will be disposed of by the Lessor or kept as abandoned property.

NOTICE. Any written notice, request, or demand required or permitted hereunder shall, until
either party shall notify the other in writing of a different address, be properly given if sent by
certified or registered mail, postage prepaid, addressed to the other at the address set forth above.

MISCELLANEOUS. This lease is to be construed as a New Hampshire lease and is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisee, executors,
administrators, successors and assigns; and may be canceled, modified, or amended only by
written instrument signed by both the Lessor and the Lessee.

The Lessor and the Lessee have executed this Lease effective as of the date first written
above.

LESSOR:
Whiting Building, LLC

By:
Name: Dmitry Zhivotovsky
Title: Manager

LESSEE:
The City of Nashua

By:
Name: James W. Donchess
Title: Mayor

R-20-065

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $165,846.36 FROM
THE STATE OF NEW HAMPSHIRE CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT (“CARES ACT”) RELATED TO ELECTION EXPENSES

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 $165,846.36 from the State of New Hampshire Coronavirus
Aid, Relief, and Economic Security Act (“CARES ACT”) into Grant Activity “Help America
Vote Act (“HAVA”) Funds” for the purpose of partial reimbursement for qualified expenses of
carrying out the upcoming September 8, 2020 state primary and November 3, 2020 general
election, A local match is required in the amount of $33,169.27. The local match is intended to
be accounted for in the Statewide Standard Cost Rate developed for reimbursement which is
based on the cost of processing absentee ballots processed over and above the Federal 2016
election.

The Mayor is authorized to enter into any grant agreement or other documents necessary
to further the purposes hereof.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-065
PURPOSE: Relative to the acceptance and appropriation of $165,846.36

from the State of New Hampshire Coronavirus Aid, Relief,
and Economic Security Act (“CARES ACT”) related to
election expenses

SPONSOR(S): Mayor Jim Donchess
Alderman Richard :A. ‘Dowd

FISCAL NOTE: Fiscal impact is a $165,846.36 grant to be used for a specific
purpose. A local match is required in the amount of $33,169.27.
The loca] match is intended to be accounted for in the Statewide
Standard Cost Rate developed for reimbursement which is based
on the cost of processing absentee ballots processed over and
above the Federal 2016 election. If the Standard Cost rate is
insufficient to cover the local match, certain costs would have to be
absorbed by the City Clerk’s FY2021 operating budget.

ANALYSIS
This resolution authorizes the city to accept and appropriate funds from the State of New
Hampshire Coronavirus Aid, Retief, and Economic Security Act (“CARES ACT”) for the
purpose of partial reimbursement for qualified expenses of carrying out the upcoming state
primary and general election. The CARES Act provides that payments from the Fund may only
be used to cover costs that are necessary expenditures incurred due to the public health
emergency with respect to the Coronavirus Disease 2019 (COVID—19) and were not accounted
for in the City’s FY2021 adopted budget.

Approved as to account Financial Services Division
number and/or structure

and amount: "py: /s/John L. Griffin
Approved as to form: Office of Corporation Counsel

By: pete, Pare.

Date: Rout IO, Do Po

§ A.4.3 Identify one bank reference:
Millyard Bank, Frank Teas, President, 57 Northeastern Blvd., Nashua NH 03062 tel:603-882-6500

§ A.4.4 Identify three subcontractor or other trade references:
J. Lawrence Hall -Mare Smith- 17 Progress St,, Nashua, NH 03062 tel: 603-882-2021

AI Solutions, Inc— Steve Scarponie — 27 Crosby Rd., Dover NH 03820 tel: 603-396-4154
L&W Supply — George Mantin- 260 Daniel Webster Hghwy, Merrimack, NH 03054 tel: 603-424-7001

AIA Document A305" — 2020 Exhibit A. Copyright @ 2020 by The American Inslilute of Architects. All rights reserved. The “American Instliule of Architects," “AIA,"
the AIA Logo, and “AJA Contract Dacumenta® are registered trademarks and may nol be used wilhoul permission. This document was produced by AIA software al
09:08;18 ET on 11/03/2021 under Order No.4399661920 which explres on 03/30/2022, Is nol for resale, Is licensed for one-time use only, and may only be used in

accordance with the AIA Contract Documents® Terms af Service. To report copyrigh! violalians, e-mall capyright@aia.arg.
User Notes:

(1264661825)

4

A regular meeting of the Board of Aldermen was held Tuesday, August 11, 2020, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Jan Schmidt led in the Pledge to the Flag.
President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities
by video or other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 8200156 6657 Password: 553666

The public may also view the meeting via Channel 16.

b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting,
through public postings. Instructions have also been provided on the City of Nashua’s website at
www.nashuanh.gov and publicly noticed at City Hall.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049
and they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the
meeting will be adjourned and rescheduled. Please note that all votes that are taken during this
meeting shall be done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under
the Right-To-Know Law.

Board of Aldermen 8-11-2020 Page 2

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Patricia Klee,
Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin
Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman
Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip Cleaver, Alderman
Linda Harriott-Gathright, Alderman Wilshire.

Alderman Michael B. O’Brien, Sr. was recorded absent.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton, were also in attendance.

Alderman Klee

Here, | can hear everybody and | am alone at this moment in the room and | am doing social distancing.
Alderwoman Kelly

| am here, | am alone | can hear everyone and | am following the Governor’s Order to stay home.
Alderman Dowd

| can hear everyone, | am here alone following social distancing in accordance with the Governor's Order.
Alderman Caron

| am here, | am alone, | can hear everyone and | am following Governor's Orders.

Alderman Clemons

| am here, | can hear everyone, | am by myself and | am following the Governor’s Declaration to please stay at
home.

Alderman Lopez

| am here, | am alone, | can hear everything that’s going on and it’s a pandemic so | am staying away from
people.

Alderman Tencza

| am present, | am alone, | can hear everybody and | am at home per the Governor’s Orders.
Alderwoman Lu

Hello, | am here alone, | can hear you and | am staying at home.

Alderman Jette

| am here, | am with my wife, | am at home and! am staying safer at home and | can hear everyone.
Alderman Schmidt

| am present, | can hear everyone and | am in the room alone except for this thing.

Alderman Laws

| am here, | am alone, | can hear you and | am keeping you all safe from me.