month per space in the first (1) month and increasing to FIFTY AND NO/100 DOLLARS
($50) per month per space in the twenty-forth (24") month. The Garage
Lease will include a provision to lease the spaces referred to above for $50 per month
through the tenth (10) anniversary of the Project’s certificate of occupancy. After that
time, the lease will include a provision to allow the rate to be modified to a price not more
than that offered to other “wholesale” (20 permits or more) users of the Nashua parking
assets. If on the tenth anniversary that wholesale rate is greater than $55, then the parking
rate shall be adjusted up to match that wholesale rate over a three-year period in equal
monthly increases in order to maintain the tenant’s ability to pay.
ARTICLE V: MISCELLANEOUS
5.1 Disclaimer of Joint Venture, Partnership and Agency. This Agreement shall
not be interpreted or construed to create an association, joint venture, or partnership
between Developer and City, or to impose any partnership obligation or liability upon the
Parties. Neither Developer nor City shall have any right, power or authority to enter into
any agreement or undertaking for, or act on behalf of, or to act as or be an agent of
representative of, or to otherwise bind, the other.
5.2 No Third-Party Beneficiaries. This Agreement is not intended to and does
not confer any right or benefit on any third party other than the Parties.
5.3 Notices. Unless specifically provided otherwise by this Agreement, any
notice, demand, request, consent, approval or communication which a signatory Party is
required to or may give to another signatory Party under this Agreement shall be in writing
and shall be delivered or addressed to the other at the address below set forth or to such
other address as such Party may from time to time direct by written notice given in the
manner in this Agreement prescribed. The notice or communication shall be deemed to
have been given or made when communicated by personal delivery or by independent
courier service or by facsimile or by email with a hard copy to be delivered by independent
courier service by the next business day. The Parties shall make reasonable inquiry to
determine whether the names or titles of the persons listed in this Agreement should be
substituted with the name of the listed person's successor.
City: Tim Cummings, Director of Economic Development
City Hall — Economic Development Office
229 Main Street/P.O. Box 2019
Nashua, New Hampshire 03061
With a copy to: Celia Leonard, Deputy Corporation Counsel
City Hall - Corporation Counsel Office
229 Main Street/P.O. Box 2019
Nashua, NH 03061
Developer: Lansing Melbourne Group, LLC
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