acknowledged, the parties hereto hereby establish the following easement rights and agreements
affecting the Land:
Section 1. Grant of Easement to 141 Property Owner. The City hereby grants the
following easement on the City Land to 141 Property Owner:
a) 141 Access Easement. The City hereby grants to 141 Property Owner a permanent,
perpetual, irrevocable non-exclusive easement for purposes of pedestrian and vehicular ingress
and egress and right of passage, in the area described as “Proposed Access Easement ‘F’” on that
certain easement plan entitled “Exhibit Plan of Tax Map 11, Lot 158 and Lot 161, 141 & 143
Burke Street, Nashua, NH dated April _, 2021 prepared by Hayner/Swanson, Inc., and recorded
in the Hillsborough County Registry of Deeds as Plan # (the “Easement Plan”) and
as is more particularly described on EXHIBIT B-1 (the “147 Access Easement Area”) attached
hereto and made a part hereof for the benefit and use of the 141 Land, together with rights of
access and egress with motor vehicles, equipment or otherwise to construct, pave, maintain and
relocate the surface, landscaping and other materials located within said 141 Access Easement
Area (the “141 Access Easement’).
b) Scope of 141 Access Easement. The 141 Access Easement is authorized: (i) on a
twenty-four (24) hours a day seven (7) days a week basis.
c) Demolition of Existing Structures. The 141 Access Easement expressly includes
the right to demolish the improvements and relocate utility lines existing within the 141 Access
Easement Area and the City hereby authorizes any such demolition and relocation, subject to the
prior approval, if necessary or advisable, of the impacted utility.
d) Indemnification. 141 Property Owner agrees to indemnify and hold harmless the
City of Nashua for any and all property damage, bodily injury or personal injury which arises as a
result of its use of the 141 Access Easement. This obligation survives termination or revocation
of this Agreement.
e) Insurance. At all times during the use and exercise of this Agreement, 141 Property
Owner agrees to maintain comprehensive general liability insurance covering its operation under
this Agreement in a commercially reasonable amount as determined by the City Manager of the
City. Such insurance shall name the City as an additional insured and a certificate evidencing the
same shall be delivered to the City upon five (5) days’ prior written notice to the 141 Property
Owner.
f) Use of 141 Access Area. The 141 Property Owner shall take such commercially
reasonably measures as may be necessary to maintain pedestrian and vehicular safety during its
use of the 141 Access Easement Area.
Section 2. Grant of Easement to City. The 141 Property Owner hereby grants the
following easement on the 141 Land to the City:
