WHEREAS, the Site Plan for Bronstein Redevelopment showed the following items which
items required coordination with the City of Nashua:
® Proposed parking stalls protruding into the public right of way known Myrtle Street
e At the east end of Myrtle Street, granite curbing protruding into the public right of
way; See Exhibit attached,
WHEREAS, because of the interface between the Bronstein Redevelopment on the
Property and the public right of way known as Myrtle Street, there is a potential for snowplowing
overlap and other maintenance issues;
WHEREAS the Bronstein Redevelopment is to be used for essential public and
governmental purposes and that this Agreement facilitates the City’s and the NHRA’s
development of additional low-income housing units.
NOW, THEREFORE, for the purpose of aiding and co-operating in the planning,
undertaking, construction, and operation of the Bronstein Redevelopment, and for and in
consideration of the mutual covenants set forth herein and other good and valuable consideration
paid, the parties agree as follows:
1. Recitals Incorporated. The foregoing recitals are hereby incorporated into this
Agreement.
2. Construction as per Site Plan. NHRA and the Developer will construct the
Bronstein Redevelopment in accordance with the Site Plan, as approved. The City hereby consents
to the construction of improvements as shown and detailed in the Bronstein Redevelopment Site
Plan.
3. License to install roadway improvements. The City hereby grants to NHRA and
Developer temporary non-exclusive rights, privileges, and licenses to install curbing and other
improvements as shown on the Bronstein Redevelopment Site Plan. Nothing in this paragraph
shall relieve NHRA or Developer from securing required permit(s) from the City’s Department of
Public Works for any such work. To the extent permitted by law. NHRA and each Developer
agrees to protect, indemnify, defend, and save the City harmless from and against any and all
claims, demands, losses, liabilities, costs, including reasonable attorney’s fees, and causes of
action of every kind and character in any way resulting from its acts or omissions or those of their
agents, employees, representatives, or contractors. If any property damage, personal injury or loss
results from the joint willful misconduct of the City, in any part. the duty of indemnification shall
be in proportion to the allocable share of misconduct.
4, Parking Ordinances. For purposes of aiding and cooperating in the planning,
undertaking, and operation of the Bronstein Redevelopment, amendments to certain ordinances,
regulating parking on Myrtle Street will be introduced to the Board of Aldermen for consideration,
