AGREEMENT FOR CONSTRUCTION
OF MUNICIPAL SIDEWALK
AGREEMENT made this day of , 2017, by and between
White Family Ventures, LLC, a New Hampshire limited liability company with offices at
12 Murphy Drive, Suite 100, Nashua, New Hampshire (“WFV’), and the City of
Nashua, a New Hampshire municipal corporation, by and through its Department of
Public Works, with offices at 9 Riverside Street, Nashua, New gprmeshire (“City”).
Recitals
1. | WFV was the original developer of the Walden Woods Condominium
located at 2-4 Henry David Drive, Nashua, New Hampshire (“Development”) which was
approved by the City of Nashua Zoning Board of Adjustment on June 13, 2002, and the
City of Nashua Planning Board on October 3, 2002 and: extended on June 17, 2004
with certain conditions listed in the notice of approval dated June 24, 2004, as such
may have been revised, as a multi-unit elderly housing development (the “Approvals”).
2. As a condition of the Approvals, the Development required as an offsite
improvement the construction of a sifawalle appo Nortrigggiern Boulevard (the “Offsite
Improvement’). DEN,
4. WFV hag Obed that the ogi. of the sidewalk to be constructed and
the financial obligation of the developer of the Development to complete the Offsite
Improvement is unclear from the Approvals and has filed a request with the Nashua
Zoning Board of Acmayrent to amend the o Mprovals to limit the extent of the Offsite
Improvements. :
A. WEV and the City through tt the . Department of Public Works, have agreed
that/(i) WFV will construct the Offsite Improvements in accordance with construction
plans approved by WEV, and the City; (ii) the City will contribute to the cost of
construction the amount ¢ p40, 000.00; and (iii) WFV will withdraw its request to amend
the Approvals:
NOW, THEREFORE, in consideration of the foregoing, the parties agree as
follows:
1. Construction of Offsite Improvements. WFYV will construct the Offsite
Improvements in accordance with the construction plans entitled, “Sidewalk
Construction Plan, Northeastern Boulevard, Nashua, New Hampshire, Prepared For:
White Family Ventures, LLC, 12 Murphy Drive, Nashua, New Hampshire 03062, 15
September 2014, revised through October 11, 2017”, by Hayner/Swanson, Inc.,
consisting of 4 sheets (“Construction Plans”). The Construction Plans have been
reviewed and approved by the City and the improvements as shown thereon are
hereby confirmed by the City as the Offsite Improvements in satisfaction of the
