Search

5.23, Amendment. This Agreement shall not be modified or amended in any
respect except by a written instrument executed by the Parties.

5.24 ‘Time of the Essence. Time is of the essence in this Agreement.

5.25 Survival. All representations, warranties and obligations of the Parties in
this Agreement shall survive the consummation or performance of the various transactions
contemplated in this Agreement for the respective terms necessary for each of the Parties
to realize the benefits contemplated by this Agreement and to enforce the rights provided
for in this Agreement.

5.26 Recitals and Exhibits. The Recitals of this Agreement and the Exhibits
attached hereto are integral and essential components of this Agreement.

5.27. Defined Terms. All capitalized terms in this Agreement shall have the
meaning ascribed to them in this Agreement, unless the context clearly indicates another

meaning. All terms not defined in this Agreement shall have the usual and customary
meaning ascribed to them and found in any modern English dictionary.

[SIGNATURES BEGIN ON FOLLOWING PAGE]

IN WITNESS WHEREOPF, the Parties hereby set their hands and seals, effective the date
first above written.

CITY OF NASHUA, NEW HAMPSHIRE

James W. Donchess, Mayor

ATTEST:

Susan Lovering, City Clerk

Approved as to form:

Celia K. Leonard, Deputy Corporation Counsel

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

18

I, , a Notary Public of the State and County
aforesaid, certify that Susan Lovering personally came before me this day and
acknowledged under seal that she is City Clerk of the City of Nashua, and that by authority
duly given and as the act of the Board of Aldermen, the foregoing instrument was signed
in its name by its Mayor, and attested by herself as its City Clerk.

WITNESS my hand and official seal, this day of , 2020.

Notary Public
My commission expires:

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the Parties hereby set their hands and seals, effective
the date first above written.

LANSING MELBOURNE GROUP, LLC,
a Florida limited liability company

Peter Flotz, Manager

STATE OF FLORIDA
County of BROWARD

I, the undersigned, a Notary Public of the County and State aforesaid, do hereby certify

that Peter Flotz personally came before me this day and acknowledged under seal that he

is Manager of LANSING MELBOURNE GROUP, LLC, a Florida limited liability

company, and acknowledged, on behalf of the company, the due execution of the foregoing

instrument. Witness my hand and official stamp or seal, this the day of
, 2020.

19

Notary Public
My commission expires:

20

EXHIBIT “A”

PROPERTY DESCRIPTION

Parcel Number 79-54

EXHIBIT “B”

DEVELOPMENT PLAN

EXHIBIT “C”’

BOARD OF ALDERMEN APPROVING RESOLUTION

R-21-118

RESOLUTION

ESTABLISHING A HOUSING EXPENDABLE TRUST FUND FUNDED BY
APPROPRIATIONS AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$30,000 INTO THE EXPENDABLE TRUST FUND

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA
31:19-a, the City of Nashua hereby establishes a housing expendable trust fund, funded by
appropriations, that will be used for the foliowing purposes:

e Supporting moderate and lower income housing development with gap financing, for
both renters and owners with a priority on one and two bedroom units
Supporting the preservation of affordable housing units
Supporting a First Time Homebuyer Program
Supporting the creation of new Accessory Dwelling Units
e Educating the public on the need for and benefits of housing

oe 6

The Mayor is appointed as the agent to expend. Any balance remaining in the
expendable trust fund at each fiscal year end will not lapse or be closed out to the Generai Fund,
but will remain in this expendable trust fund.

It is the intention of the City that annual appropriations into this trust fund will be
presented in the annual budget beginning with the proposed FY2022 annual budget, and will
include, but not be limited to, an annual $10,000 per year payment from Nashua Piaza Housing
Associates, LP (“Clocktower”) under an Agreement with the City dated November 25, 1998.

FURTHERMORE, BE IT RESOLVED by the Board of Aldermen of the City of Nashua
to appropriate $30,000 of Fiscal Year 2021 unanticipated revenue from Department #118 “Other
General Government”, Accounting Classification #45 “Miscellaneous Revenue”, Account
#45880 “Revenue from Clocktower” into this new housing expendable trust fund, which
represents a recently received three year payment from Clocktower under the agreement
referenced above.

LEGISLATIVE YEAR 2021

RESOLUTION; R-21-118
PURPOSE: Establishing a housing expendable trust fund funded by

appropriations and making a supplemental appropriation of
$30,000 into the expendable trust fund

SPONSOR(S): Mayor Jim Donchess
Alderwoman-at-Large Shoshanna Kelly

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Establishes a restricted fund to account for appropriations

designated for a specific purpose. Proposed current year
appropriation reduces year end general fund surplus. Future
appropriations to this fund are through the annual budget
process.

ANALYSIS

This legislation establishes a non-lapsing housing expendable trust fund, funded by
appropriations, to be used for the purposes listed in the legislation. There is a stated non-
binding intention that annual appropriations into this trust fund will be presented in the annual
budget beginning with the proposed FY2022 annual budget, and will include, but not be
limited to, an annual $10,000 per year payment from Nashua Plaza Housing Associates, LP
(“Clocktower”) under an Agreement with the City dated November 25, 1998. RSA 31:19-a, I
provides for an annual accounting and report of the activities of the trust.

This legislation also appropriates $30,000 of FY¥2021 unanticipated revenue from Other General
Govemment — Miscellaneous Revenue - Revenue from Clocktower into the new expendable
trust fund. The $30,000 is a recently received three year payment from Clocktower under the
noted agreement. Charter Sec, 53 permits specific non-budget, supplementary appropriations.
There should be notice and a public hearing. A two-thirds vote is required under Charter Sec.
56-b for an item or amount not in the mayor’s budget. A roll call is required under Charter Sec.
49.

Approved as to account Financial Services Division
structure, numbers, _

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

By: (arb Later,
Date: \\ Adabuasicy, Du

R-21-119

RESOLUTION

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $29,777 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES,
EXOTIC SPECIES PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING
FUNDS

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Division of Community Development are authorized to accept and appropriate $29,777 from
the State of New Hampshire Department of Environmental Services, Exotic Species Program into
Community Development Grant Activity “Exotic Aquatic Plant Control” for the purpose of
controlling and managing aquatic invasive species in various portions of the Nashua River and to
authorize the transfer of matching funds in the amount of $44,665 from the follow funds and
accounts:

Fund Dept. Depi. Account
Fund Description . # Description Account Description / Amount ;
1000 Generai 181 |Community 55699 Other Contracted $ 16,268
Fund _..., Development Services
1010 General 18] Community 55699 Other Contracted 7,706
Fund . Development | Services
: Escrow - ce mm ee eee mines eens ee sin sme ee fee mu ence en Se ae Ruane 4 mameee se enone mene
1000 General 181 Community 55699 Other Contracted 20,691 (1)
Funds. Development Services ;
_ Total: $44,665 :

(1) Additional matching funds from Community Development in the amount of $20,691 will
be included in the FY¥2022 proposed operating budget, as part of the FY2022 budget
resolution. The funds will be transferred to the grant activity upon passage of the FY2022
budget.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-119
PURPOSE: Relative to the acceptance and appropriation of $29,777 from

the State of New Hampshire Department of Environmental
Services, Exotic Species Program and authorizing the transfer of
matching funds

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: The fiscal impact is a $29,777 grant to be used for a specific
purpose.
ANALYSIS

This legislation authorizes the City to accept and appropriate funds from the State for the purpose
of controlling and managing aquatic invasive species in various portions of the Nashua River.
This legislation also authorizes the transfer of matching funds in the amount of $44,665 of which
$20,691 will be included in the Fiscal Year 2022 proposed operating budget and transferred to the
grant activity upon passage of the budget.

Charter Sec. 53 permits the Board of Aldermen to transfer any unencumbered appropriation
balance or any portion thereof from one department, fund or agency to another. NRO § 5-130, H
provides that “when proposed legislation to transfer or reappropriate a particular appropriation or
portion thereof has had its first reading, such funds shall not be expended or transferred while the
legislation is pending”.

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

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

ny: (PU TPs fa
Date: I (elas dOi, HM