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COVID-19

«* Daily COVID 19 Health Screenings and Temperature Checks on employees and contractors
entering City Hall - includes 7 questions recommended by the State of NH for COVID-19

** Hired City Greeter — developed tracking and building protocols, assisted MVR with scheduling

and appointments

** Worked with EOC on Citywide Reconstitution plan — planning and procurement of supplies,

technology and PPE for all divisions.

** GIS support to EOC for maps and data

** Coordinated the moving of the Public Health to the
Landmark Building

** Supported City Clerk with setup of Elections

and Temporary Registration spaces

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Your Safety Is
Our Priority

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COVID-19 — Arlington Community Center

**With our building being closed to the public, we were challenged in being creative in the ways that we reach and engage with
community members. We’ve received great community feedback, especially with the kits.

514 kits, including our monthly pre-k kits. The kits have afforded us the opportunity to get to know community members, especially those residing in
crown Hill. Man of them have become “regulars,” and we’ve seen an increase in the number of people walking up to get kits versus driving. To-go K
its have included:

STEM s’mores kits Virtual paint night
Flower/gardening kits STEM lava lamp kits

Sidewalk chalk kits Jack-o-lantern kits

Holiday craft kits STEM New Year’s Eve activity

« Our virtual programs with our Zoom Room Mobile Kit have reached 124 people. These programs have included:

Fairytale dance camp Youth hip hop

Youth dance sampler Adult yoga

Adult ballet Entrepreneurship for adults
STEM rubber band cars Youth intro to dance

Youth musical theater dance

«Pre-k group online. Rivier students have created a virtual classroom that allow kids and families to work at their own pace. Activities are uploaded
to the classroom once a week. Families pick up their monthly kit at the beginning of the month, which includes everything they will need for each
activity.

o Todate, we’ve served 32 kids, 60% of whom will be attending a Title | school for kindergarten.

** We’ve also been able to strengthen some of our relationships with community partners in identifying families who may be of the most
benefit from what we offer — Head Start, Marshall St., school guidance staff, Discover Dance, Dr. Crisp, Smart Start Coalition, the UNH
Extension program, and Rivier have been the most prominent. We’re looking forward to working with families residing at Family Promise
to serve their population, too.

City of Nashua — Administrative Services Division

G Oa Is FY22 Assessing, ASCC, GIS, Grants, HR, IT, Purchasing,

Risk Management

Ensure quality services that meet the day-to-day expectations reliably and affordably. Analyze existing
processes for increased efficiency and productivity.

Enable an outstanding work environment by building a high-performing organization through workforce and
leadership development.

Build and sustain robust partnerships and effective communication across the city.
Develop a plan for the physical preservation of city assets.

Use a strategic framework of guiding principles to define, communicate, and address shared processes and
priorities.

Develop and maintain innovative systems (technology, processes, structures). Utilize technology and
innovation to improve the efficiency and productivity of IT, HR, Purchasing, Facilities and other internal
functions.

Develop consistent policies that will exhibit and demand ethical behavior, forward thinking and continuous
improvement.

Foster engaged and well trained employees, initiate succession planning and develop a recruitment strategy.

REAL ESTATE PURCHASE AND SALE AGREEMENT

THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement’”) is made
and entered into on this day of , 2020, by and between Rachel M.
Tebbetts and James L. Tebbetts, having a mailing address of 37 Indian Rock Road, Nashua,
New Hampshire 03063, Joyce St. Pierre and Richard L. St. Pierre having a mailing address of
2559 E. Elmwood Street, Mesa, Arizona 85213 and Cynthia Landry widow of Roger G.
Landry

having a mailing address of 38 Buckmeadow Road, Nashua,
New Hampshire 03062 (collectively hereinafter referred to as “Seller’) and The City of
Nashua, a municipal corporation, having an address of 229 Main Street, Nashua, New
Hampshire 03060, (hereinafter referred to as the “Buyer’).

1. PURCHASE AND SALE. Seller agrees to sell and convey, and Buyer agrees to buy, on
the terms and conditions hereinafter set forth, a parcel of land with the buildings and
improvements thereon, located in Nashua, Hillsborough County, New Hampshire, known as or
described as Lot C-762 of the City of Nashua Tax Maps, having an address of 36 Buckmeadow
Road, Nashua, New Hampshire, being the property described in a deed recorded in the
Hillsborough County Registry of Deeds, Book 6283, Page 737 (the “Premises’’).

2. PURCHASE PRICE. Subject to any adjustments and prorations hereinafter described,
Buyer agrees to pay for the Premises the sum of Three Hundred Seventy Thousand and 00/100
Dollars ($370,000.00) (the “Purchase Price”). The Purchase Price shall be payable as
immediately available wired funds at time of closing.

3. TITLE. Seller shall convey the Premises to the Buyer at the Closing in fee simple with
good, insurable, and marketable title by Warranty Deed, free and clear of all liens and
encumbrances. Buyer may, at its sole cost and expense, cause the title to the Premises to be
examined prior to closing. If upon examination of the title, Buyer or its representative finds that
the title to the Premises is not in accordance with the first sentence of this paragraph, then Buyer
may terminate this agreement upon written notice to Seller, and Buyer’s deposit, if any, shall be
refunded.

4. CLOSING. The closing shall occur on , 2020, or at such other place as
the parties may mutually agree.

5. INSPECTION AND DUE DILIGENCE PERIOD. Intentionally omitted.

6. POSSESSION OF THE PREMISES. The Premises shall be delivered to the Buyer at the
time of the closing free of all tenants, personal property, and encumbrances.

7. FINANCING. This Agreement is not contingent upon the Buyer obtaining financing.

8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as
of the Closing:

Jim Donchess
Mayor e City of Nashua

To: Board 7
From: Jim onenss 1AM)

Date: 11/17/16

Re: Notification of entry into contract with Essex Power Services for Operation and Maintenance of Two
Hydroelectric Facilities

Pursuant to NRO § 5-74 (B), which states that a contract that extends from the current fiscal year into
succeeding fiscal year(s) in which no funds have been appropriated nor otherwise designated for this
purpose shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee approved and placed on file the notification of the award of the referenced contract
at their November 16, 2016 meeting. | am requesting the concurrence and approval of the full Board of
Aldermen for the award of the following contract:

This is notification of entry into a contract with Essex Power Services of Boscawen, NH and Boston, MA for
Operation and Maintenance of Two Hydroelectric Facilities. Attached please find Finance Memo # 17-079
regarding this contract. This contract is for three (3) years.

229 Main Street *« PO Box 2019 « Nashua, New Hampshire 03061-2019
603.589.3260 ° fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov

developing purpose/needs statement, establishing design standards, survey,
environmental studies (natural/cultural), utility identification, public involvement
including local concerns meeting and right-of-way needs.

e The findings of the engineering study will be presented to the City in report form
and also include the base plan(s). Upon review by the City and any revisions, the
report and base plan will be submitted to NHDOT for review prior to beginning
the “Preliminary Plans” phase. This phase will conclude with a presentation of the
results at a regularly scheduled City Aldermanic Infrastructure Committee
meeting and will act as a public meeting/hearing.

e The Engineering Study will be prepared at a level of detail typical for LPA
projects of a similar nature.

2. Preliminary Plans —Preliminary drawings will be developed, including preliminary
roadway design, the location of drainage, preliminary drainage calculations, and
engineering of the selected preferred alternative traffic improvement, including an
estimate of construction costs and contract documents. Finalization of NEPA process and
development of preliminary level design plans. Attendance at pertinent meetings is
required. The preliminary plans will be presented at a second Board of Aldermen
Subcommittee Committee meeting (Infrastructure Meeting).

e Meetings — The consultant will be expected to budget an adequate number of
meetings to review the plans with City staff and to represent the City at hearings
in obtaining of permits and approvals.

e Preliminary Plans will be completed by summer of 2018 or sooner if possible.

3. Final Plans — Final plans will be developed, including final design plans, final drainage
calculations, final site layout plans, final traffic impact analysis and construction details.
Contract documents including all technical specifications will be in final form.

e Anestimate of construction costs shall be provided.

ROW registry plans and aquisitions

All environmental permitting shall be completed

Final plan details shall meet NHDOT and City specifications.

Final Contract documents and cost estimates

Three paper copies, along with electronic versions of all text, figures and

drawings shall also be submitted and made available to the city.

e A Final PS&E package shall be submitted to NH DOT by summer 2018, or
sooner to make a fall advertising deadline.

4. Bidding Services — Bidding packets will be prepared and posted through the City’s
Purchasing Department prior to September 15, 2018.

e Upon receiving submitted construction bids, the engineering firm will tabulate the
bids and review the submitted bonding information from each to ensure sufficient
bonding is in place. The tabulated information will be sent to the City and NH
DOT for review prior to awarding the construction contract.

e Attendance at a pre-bid meeting, including providing the agenda, preparation of
addenda, as necessary and recommendation of award will also be required.

A fifth phase of work may be available to the selected engineering firm. It will involve
construction administration, inspection and oversight. NH DOT requires almost full time
inspection (a minimum of 32 hours per week) throughout the entire construction phase. An

(a)

(b)

(c)

(d)

(e)
(f)

(g)

(h)

(i)

()

The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.

There are no unrecorded outstanding pending or threatened liens, claims, rights of
first refusal, licenses, or encumbrances against or affecting the Premises, which
have not been disclosed to Buyer in this Agreement.

There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of
the Premises, which have not been disclosed to Buyer in this Agreement.

Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.

There are no leases of any portion of the Premises.

Seller has no knowledge of any pending or threatened litigation that may
adversely affect the transfer of the Premises hereunder or materially affect the
value of the Premises.

Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any
such condemnation, requisition or taking has been received by the Seller and no
such condemnation, requisition or taking is threatened.

Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused
the same to be released into the environment or discharged, placed or disposed of
at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the
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.

There are no rights of first refusal or options to purchase associated with the
Premises.

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, if any, as reasonable
liquidated damages.

10... CONDITIONS SUBSEQUENT TO CLOSING. The parties hereby agree and
acknowledge that Buyer is purchasing the Premises from Seller to construct a roadway to access
anew school. The parties further agree that Buyer does not need nor want the entire Premises
for the proposed roadway, but as a result of the design and layout of the new roadway, the
Premises shall be subdivided into three (3) distinct parcels: (1) the roadway, (2) portion north
of the Toadway; a and c&) portion south of the Toadway. As consideration Of Seller te close, at oF

°

Subsequent t to the > desien and construction of the voadway. Buver
and Seller agree that each will fully cooperate and take all necessary and advisable actions to
adjust the lot line between Seller’s land at 34 Buckmeadow Road, Parcel ID OOQOOC-00350,
Map/Lot C-350 (“34 Buckmeadow”) and the Premises to include in 34 Buckmeadow the portion
of land north of the roadway which the City, in its sole discretion, has determined is surplus
subject to Buyer’s reserved rights of easement over that property for slopes, drainage and

establishment of drainage ponds with notice OF aie “weessormcn tebe escordeg aie

hereto _as_Exhibit_A_and_convey_pursuant_thereto. Buyer shall also convey a single point
driveway access to the new road to Seller for the property to be reconveyed to Seller after
Closing, location to be determined by Buyer. The transfer of all land located northerly of the
proposed new road layout from Buyer shall occur following approval of a plan creating the new
roadway and reflecting the consolidation of the remaining portions of the Premises with the
abutting properties no later than six (6) months after the substantial completion of construction of
the proposed roadway.

With regard to the property southerly of the roadway Buyer covenants that for a period of twenty
(20) years Cynthia Landry shall hereby receive an exclusive right of first refusal to purchase said
property in the event that Buyer elects to sell or transfer said property. This covenant shall run
with the land, be binding on heirs and assigns and be included in the deed of transfer. For the
same twenty (20) year period the City shall not permit any construction or development within or
of this area, including but not limited to, a park or recreational area of any kind.

Buyer further commits that the contemplated new road will be named “DiAntonio Drive.”

The provisions of this section shall survive the Closing.

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.

13.

14.

15.

PERSONAL PROPERTY INCLUDED. N/A. Land only.

ADJUSTMENTS, PRORATIONS AND CLOSING COSTS.

(a)

(b)

(c)

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.

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.

Seller and Buyer shall pay their own attorney’s fees.

CONDEMNATION. In the event of the taking of all or any part of the Property 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.

GENERAL PROVISIONS.
(a) Entire Agreement. All representations, statements, and agreements heretofore

(b)

(c)

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.

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.

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 BUYER:

(d)

(e)

(f)

TO SELLER: Rachel M. and James L. Tebbetts
37 Indian Rock Road
Nashua, New Hampshire 03063

Joyce and Richard L. St. Pierre
2559 E. Elmwood Street
Mesa, Arizona 85213

Cynthia Landry
38 Buckmeadow Road
Nashua, New Hampshire 03062

City of Nashua
Attn: Steven Bolton, Esquire
229 Main Street
Nashua, NH 03060

Binding Effect. This Agreement shall be binding upon and for the benefit of the
parties hereto and their respective legal representatives, successors, heirs, and
assigns.

Severability. If any term or provision of this Agreement, or the application thereof
to any person or circumstance, shall to any extent, be held invalid or
unenforceable by any court of competent jurisdiction, then the remainder of this
Agreement or the application of such term or provision to any other than those to
which it is held invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforced to the fullest
extent permitted by law.

Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New Hampshire.

16. STATUTORY NOTIFICATIONS. Pursuant to Section 477:4-a of the New Hampshire
Revised Statutes Annotated, the SELLER provides the following notifications to the BUYER.

(a)

(b)

RADON GAS. Radon gas, the product of decay of radioactive materials in rock
may be found in some areas of New Hampshire. This gas may pass into a
structure through the ground or through water from a deep well. Testing can
establish its presence and equipment is available to remove it from the air or
water.

ARSENIC. Arsenic is a common groundwater contaminant in New Hampshire
that occurs at unhealthy levels in well water in many areas of the state. Tests are
available to determine whether arsenic is present at unsafe levels, and equipment
is available to remove it from water. The Buyer is encouraged to consult the New
Hampshire Department of Environmental Services private well testing