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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

and services. Any associated costs with providing telecommunication and internet
services will be the sole responsibility of the Lessee. The Lessee is also responsible for
arranging its own waste management service(s). The City of Nashua will not provide
solid waste receptacle or removal services for the Lessee.
2. In the event of any inconsistencies in the Lease and this First Amendment, the terms of
this Amendment shall control. Except as expressly set forth in this First Amendment, the Lease
otherwise is unmodified and remains in full force and effect. Each reference in the Lease to
itself shall be deemed also to refer to this First Amendment.
3. All capitalized terms used but not defined herein shall have the same meaning as defined
in the Lease.
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

LIQUID THERAPY, LLC

Date: , 2021 By:

Name:

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,

, 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:

O-21-045

ORDINANCE

AMENDING THE BUILDING CONSTRUCTION ORDINANCES AND INCREASING
THE BUILDING DEPARTMENT FEES

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part Il “General Legislation”, Chapter 105 “Building
Construction” of the Nashua Revised Ordinances, as amended, be hereby further amended by
deleting the struck-through language and adding the new underlined language as follows:

“ARTICLE I General Provisions

§ 105.6. Violations and penalties.

Any person who violates a provision of this chapter or the codes adopted thereby or fails
to comply with any of the requirements thereof or who erects, constructs, alters, or
repairs a building or structure in violation of the approved construction documents or
directive of the Building Official, or of a permit or certificate issued under the provisions
of this chapter or the codes adopted thereby, shall be subject to the provisions of NRO
Chapter 74 and RSA 676:15-17-b, without limitation of any remedy available to the City
at law or in equity.

ARTICLE YU Building Code
§ 105-7. Short title.

This article shall be known as and may cited as the “Building Code of the City of Nashua,
New Hampshire.”

§ 105-8. Adoption of Commercial Building Code.

A certain document and referenced code on file in the effee-efthe-CityClerk
Department of Building Safety of the City of Nashua, New Hampshire, being marked
and designated as the “International Building Code,Fiest Editien, 2000," adopted as per
the New Hampshire State Building Code per RSA 155-A as published by the

ORDINANCE O-21-045

International Code Council, Inc., and any amendments adopted thereto is hereby adopted
as the Commercial Building Code of the City of Nashua, in the State of New Hampshire,
for the control of buildings and structures. The regulations, provisions, conditions and
terms of said code are hereby referred to, adopted and made part hereof as if fully set out
in this chapter, with any amendments prescribed in this article.

§ 105-9. Amendments.

A.

Insert in the space provided in Section 101.1 for the “name of jurisdiction”: the
City of Nashua.

Amend Section +963 107.3 by replacing-itwvith inserting the following
paragraph:

406.3-107.3. Examination of documents. The Building Official shall examine or
cause to be examined the accompanying construction documents and shall
ascertain by such exarninations whether the construction indicated and described
is in accordance with the requirements of this code and other pertinent laws or
ordinances. The Building Official is authorized to require third party peer review
where applications for unusual designs or magnitude of construction are filed,
such as high-rise structures, elaborate framing systems, extensive retaining walls
and complicated foundation designs. It shall be the Building Official’s
responsibility to determine when a third party peer review shall be required, The
applicant shall pay all fees and costs related to the performance of a third party
peer review.

ORDINANCE O-21-045

BC. Amend Section 901.1, Scope, to read: The provisions of this chapter shall specify
where fire-protection systems are required and shall apply to the design,
installation, and operation of fire-protection systems. The Chief of the Fire
Department or the Chief's designee shall have full authority to enforce and
administer, in the capacity of Building Official, the provisions of Chapter 9, Fire
Protection Systems, except in regard to detached one- and two-family dwellings

andimuliplesinste family dwellings-ewnhouses}, not more than three stories

high with separate means of egress, and their accessory structures.

ED. Amend Section 1612.3 by inserting in the spaces provided for the "name of the
jurisdiction" and "date of issuance": the City of Nashua; June 15, 1979.

§ 105-9.1. Existing Building Code.

Repair, alteration, change of occupancy, addition and relocation of existing buildings,
including historic buildings, shall comply with the International Existing Building Code,
2069 adopted as a component of the New Hampshire State Building Code per RSA 155-
Aas published by the International Code Council, Inc. and any amendments adopted
thereto. Said document and referenced code is on file in the effice- ofthe City Clerk
Department of Building Safety of the City of Nashua, New Hampshire. Said code is
hereby adopted as part of the Building Code of the City of Nashua in the State of New
Hampshire for the control of existing buildings and structures within the scope of said
code. The regulations, provisions, conditions and terms of said code are hereby referred
to, and adopted and made part hereof as if fully set out in this chapter, with any
amendments prescribed in this chapter.

§ 105-9.2. Amendments to Existing Building Code.
A, Amend Section 101.1 by inserting “The City of Nashua.”
B. Amend Section 106.3 by replacing with the following paragraph:

106.3. Examination of documents. The building official shall examine or cause
to be examined the accompanying construction documents and shall ascertain by
such examinations whether the construction indicated and described is in
accordance with the requirements of this code and other pertinent laws or
ordinances. The building official is authorized to require third party peer review
where applications for unusual design or magnitude of construction are filed, such

ORDINANCE | O-21-045

as high-rise structures, elaborate framing systems, extensive retaining walls and
complicated foundation designs. It shall be the Building Official's responsibility
to determine when a third party peer review shall be required. The applicant shall
pay all fees and costs related to the performance of a third party peer review.

C. Amend Section 106.6 by inserting the following new subsection:

106.6.1. Architect/Engineer responsibilities during construction. When the
laws of the State of New Hampshire require that construction documents be
prepared by registered architects or engineers, the registered architects or
engineers who have prepared plans, computations and specifications or the
registered architects or registered engineers who have been retained to perform
construction phase services, shall perform the following tasks for the portion of
the work for which they are directly responsible:

1. Review, for the conformance to the design concept, shop drawings,
samples, and other submittals, which are submitted by the contractor in
accordance with the requirements of the construction documents.

2. Review and approve of the quality control procedures for all code-
required controlled materials, structural tests and special inspections.

3. Be present at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work and to
determine, in general, if the work is being performed in a manner
consistent with the construction documents and accepted engineering
practice standards.

4, Such tasks are in addition to requirements for structural observations or
other duties specified in the adopted International Existing Building Code.

D. The New Hampshire Enerey-Cede International Energy Conservation Code as
adopted per the State of New Hampshire and all amendments adopted thereto

shall control such matters as provided for by Chapters 3, 6, 7, 8 and elsewhere
regarding energy efficiency as long as said energy code is in effect.

E. The provisions of chapters 53,6,-4-8,-9,10,-H_ and/4 the International

Existing Building Code as adopted per the State of New Hampshire and all
amendments thereto shall specify where fire protection systems are required, and
shall apply to the design, installation and operation of fire-protection systems. The
Chief of the Fire Department or the Chief's designee shall have full authority to
enforce and administer, in the capacity of Building Official, the provisions of fire-
protection systems except in regards to detached one- and two-family dwellings

andunultiple-sinele-family dwellings (tewnkeuses}, not more than three stories

high with separate means of egress and their accessory structures.

11.

in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional Engineer.
Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.

Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liability policies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance. Professional
Engineer is responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.

> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.

> — The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.

> Professional Engineer is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Engineer

agrees to indemnify and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,

GC 6 of 11

ORDINANCE O-21-045
§ 105-10. Adoption of Residential Code.

Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses), not more than three stories high with separate means of egress, and their
accessory structures shall comply with the International Residential Code-Pirst editor,
2000. adopted as the New Hampshire State Building Code per RSA 155-A as published
by the International Code Council, Inc. and any amendments adopted thereto. Said
document and referenced code is on file in the effiee-of the CHy-Cleric Department of
Building Safety of the City of Nashua, New Hampshire. Said code is hereby adopted as a
part of the Building Code of the City of Nashua, in the State of New Hampshire, for the
control of residential buildings and structures within the scope of said code. The
regulations, provisions, conditions and terms of said code are hereby referred to, adopted
and made part hereof as if fully set out in this chapter, with any amendments prescribed
in this chapter.

§ 105-11. Amendments.

A. Amend section R101.1 by inserting: the City of Nashua.

€B. Amend Section R106.2 by replacing it with the following:

R106.2. Site or Plot plans. The construction documents submitted with an
application for a permit to build a detached one- or two-family dwelling on an
approved or otherwise legal lot of record shall be accompanied by a plot plan.
Such plot plan shall be drawn to scale, showing all property lines, easements,
drainage facilities, and proposed and existing buildings with respect to location.
sufficiently detailed information shall be provided to clearly show the location
and extent of any wetland area(s) located on or immediately adjacent to the
subject property. The Building Official reserves the right to require an elevation
contour, slope and drainage plan in ten-foot increments or less for lots or sites that
may affect abutting properties and stormwater runoff.

BC. Arend Add Section R106.56 by replacing itwith inserting the following:

R106.56. Certified plot plans. Upon the completion of the foundation inspection
and prior to the frame inspection, a certified plot plan shall be filed with the
Planning and Building Department. Said plan shall be certified by a New
Hampshire licensed land surveyor or engineer, be drawn to scale, and indicate
boundary locations, zoning setbacks, and the dimensions, locations and elevation
at the top of constructed foundations. Said plan shall be accompanied by a
statement from said surveyor or engineer indicating the foundation complies with
the setback requirements of the Nashua Zoning Ordinance and with the approved
grading plan, if such has been required. Sufficiently detailed information shall be
provided to clearly show the location and extent of any wetland area(s) located on
or immediately adjacent to the subject property. If construction deviates in any
detail shown on said certified plot plan, the Building Official may require

ORDINANCE

O-21-045

submission of a revised certified plot plan prior to the issuance of a certificate of

occupancy.

Amend Table R301.2(1) by inserting the following design criteria into the space

provided:

Reef Ground snow load

Wind speed

Seismic design category
Weathering

Frost-line depth

Termite

Decay

Winter design temperature
Ice Barrier Underlayment

Flood hazards

Air Freeze Index

Mean Annual Temp

Shall be as required by the International Building
Residential Code and base elevations determined by

Case Study document ERDC/CRREL TR-02-6,
February, 2002

496 115 miles per hour Ultimate —- See Figure
301.2(H)A

683% 30% 4} B 17%-33%)
Severe

Minimum of 48 inches

Slight to moderate

Slight to moderate

0°

Yes

Flood Insurance Rate Maps of June 15, 1979, as
updated April 13, 1999, and thereafter (September

25, 2009)
No

No

ARTICLE II Mechanical Code

§ 105-12. Short title.

This article shall be known as and may be cited as the ‘““Mechanical Code of the City of
Nashua, New Hampshire.”

§ 105-13. Adoption of Mechanical Code.

A certain document and referenced code on file in the effee-ofthe-City-Cler
Department of Building Safety of the City of Nashua, New Hampshire, being marked and

designated as the "International Mechanical Code,Fhird Edition 2009," adopted as per