FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
ACCESS EASEMENTS
This FIRST AMENDMENT is made as of __, 2021 by and between
Burke Street Nashua, LLC a New Hampshire limited liability company with an address of 124 Joliette
Street, Manchester, New Hampshire 03105 and the City of Nashua, a New Hampshire municipality with
an address of 229 Main Street, New Hampshire 03060.
WHEREAS, Amended Resolution R-20-059, Authorizing the sale of City real property located at
141-143 Burke Street Tax Map 11, Lot 158 (’Property”), was passed by the Nashua Board of Aldermen
on September 22, 2020;
WHEREAS, the Purchase and Sale agreement was executed November 6, 2020 for the Property
(“Purchase and Sale”);
WHEREAS, the Purchaser requested the City grant an easement over City real property known as
Tax Map 11, Lot 161 (“City Lot”) that allows for trucks to maneuver in and out of the back loading dock
area on the Property;
WHEREAS, the City is amendable to granting Purchaser such an access easement, subject to the
terms set forth herein; and
WHEREAS, Section 17 of the Purchase and Sale allows for written amendments.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree
as follows:
1. Section ? of the Purchase and Sale is amended to add a new section as follows:
(d) (i) as additional consideration, Purchaser and Seller agree to grant access
easements to the other substantially similar to the attached Exhibit B for
access easements shown on the plan attached as Exhibit C hereto, as access
easements “G”, “F”, and “E”, which easements shall be recorded at Closing at
Purchaser’s expense.
(ii) Purchaser, at its sole expense, shall demolish the existing | story building
on the City Lot and remove all resulting debris.
(iii) Purchaser shall perform all required permitting and construct at least 50
parking spaces on the City Lot and an adjacent parcel of land owned by the
City commonly known as 2? Sawmill Road and now identified as Map 5, Lot
26 on the City of Nashua in the area shown as “Location of Future 50 Space
Parking Lot” on the plan attached hereto as Exhibit C. The City must approve
plans for the parking. The City will cooperate in any permit filings and shall
grant a temporary construction license in the form attached hereto as Exhibit
D in favor Purchaser to construct such parking spaces.
(iv) all work to be performed by Purchaser in this subsection (d) shall comply
with all applicable laws and regulations, be done in a workmanlike manner
and be completed no later than the earlier of (i) five (5) years from the Closing
