LICENSE AGREEMENT
This LICENSE AGREEMENT (this “License”) dated [ ___, 2021 is by and
between the City of Nashua, New Hampshire, a municipal corporation duly existing under the
laws of the State of New Hampshire with offices located at 229 Main Street, Nashua, New
Hampshire 03060 (the “City”) and 141 Burke Subsidiary LLC, a New Hampshire limited
liability company, having an address of 124 Joliette Street, Manchester, New Hampshire 03105
(for itself and its successors and assigns, the “Licensee”). The City and Licensee may sometimes
be collectively referred to herein as the “Parties” and sometimes each be individually referred to
as a “Party”.
RECITALS
A, WHEREAS, the City is the owner of (i) that certain improved parcel of land located
in Nashua, New Hampshire, and commonly known as 143 Burke Street, and now identified on the
City of Nashua tax maps as Map 11-161, and (ii) that certain improved parcel of land commonly
known as 2 Sawmill Road and now identified on the City of Nashua tax maps as Map 5-26, each as
more particularly described on EXHIBIT A attached hereto and made a part hereof (the “City Land”
and together with any improvements now or hereafter located thereon, the “City Property’’).
B. WHEREAS, the City and Licensee are parties to that certain Purchase and Sale
Agreement dated November 6, 2020, as amended on [April] __, 2021 ) (the “P&S”), pursuant to
which Licensee is obligated to construct a fifty (50) space parking on the City Land on the terms and
conditions set forth in the P&S (the “Parking Lof”).
D. WHEREAS, Licensee has requested a construction license from the City in
connection with construction of the Parking Lot.
E, WHEREAS, the City acknowledges that it will benefit from the development of the
Parking Lot and hereby desires to grant this License to Licensee.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Parties, and in consideration of the mutual promises contained herein, the
Parties covenant and agree as follows:
1, Grant of License. The City hereby grants to Licensee, the right and license to enter
upon and use the City Land for the purpose of constructing the Parking Lot, which license rights
shall include the right to demolish existing structures and relocate utility lines, with the consent of
impacted utility if necessary, in the area of the Parking Lot, the rights of ingress, egress, and passage
of people, vehicles and construction equipment on the City Land, the right to bring temporary
utilities to the City Land, the right to use and store construction equipment and materials on the City
Land, the right to conduct construction activities on the City Land, and the right to park vehicles on
the City Land, provided that the foregoing activities shall not unreasonably interfere with the City’s
use of the City Land.
