2. The PROJECT SPONSOR hereby gives assurance as required by subsection 21.7(a)(1)
of the REGULATIONS that it will promptly take any measures necessary to effectuate
this AGREEMENT, including but not limited to the following specific assurances:
a. That cach “program” and cach “facility” as defined in subsections 21.23(e) and
21.23(b) of the REGULATIONS will be conducted or operated in compliance with
all requirements of the REGULATIONS.
The PROJECT SPONSOR shall provide or cause to provide for both the maintenance of the
Project during construction and subsequent maintenance of all Project elements together
with the maintenance of sidewalks, which includes winter snow and ice removal in
accordance with the requirements of 23 CFR 1.27 and 28 CFR 35.133, once the work under
this AGREEMENT is completed. Should opcrational adjustments be necessary, the
PROJECT SPONSOR agrees that no changes will be made without prior approval of the
DEPARTMENT and the Federal Highway Administration.
FEDERAL AID PROGRAM
PROJECT AGREEMENT
FOR
CITY OF NASHUA
STATE PROJECT #: 43509
FEDERAL PROJECT #: X-A005(1 18)
PROJECT SPONSOR DUNS #: 066758343
STATE VENDOR #: 177441
THIS AGREEMENT, is made and entered into this day of .20__, between the
State of New Hampshire, acting through its Department of Transportation, hercinafter called the
“DEPARTMENT"™, and the CITY OF NASHUA, hereinafter called the "PROJECT SPONSOR”.
RESOLUTION:
PURPOSE:
SPONSOR(S):
COMMITTEE
ASSIGNMENT:
FISCAL NOTE:
LEGISLATIVE YEAR 2021
R-21-179
Authorizing the Mayor to enter into a Federal Aid Program
Project Agreement with the State of New Hampshire for the
Purpose of installing rectangular rapid flashing beacons and to
accept Four Hundred and Fifty-Two Thousand Dollars
($452,000) for the project
Mayor Jim Donchess
Committee on Infrastructure
Board of Public Works
R-21-179
RESOLUTION
AUTHORIZING THE MAYOR TO ENTER INTO A FEDERAL AID PROGRAM
PROJECT AGREEMENT WITH THE STATE OF NEW HAMPSHIRE FOR THE
PURPOSE OF INSTALLING RECTANGULAR RAPID FLASHING BEACONS AND
TO ACCEPT FOUR HUNDRED AND FIFTY-TWO THOUSAND DOLLARS
($452,000.00) FOR THE PROJECT
CITY OF NASHUA
in the Year Two Thousand Twenty-One
IN WITNESS WHEREOF, the Guarantor hus caused this Guaranty to be executed as of the date
shown above by its duly authorized officers.
PENNICHUCK @ORPORATION _
7
By: C
Til: CFO
SECTION 10. Notices. All notices provided for herein shall be in writing (including facsimile)
and shall be mailed or delivered to the fotlowing addresses or facsimile numbers or to such other address
or facsimite number as cither party may specify by notice to the other:
If to CoBank, as fotiows: If to the Guarantor, as follows:
CoBank, ACB Pennichuck Corporation
5500 South Quebec Street 25 Manchester Street
(3) Notice of Default. Promptly after becoming aware thereof, notice of the
breach of any covenant contained in this Guaranty or any instrument or document executed in connection
herewith.
Guarantor agrees to cause all persons occupying or present on any of its properties to comply in alll
material respects with atl Laws relating to such propertics.
(Cc) Insurance. Maintain insurance with insurance companies or associations
acceptable to CoBank in such amounts and covering such risks as are usually carried by companies
engaged tn the same or similar business and similarly situated.
(D) _—_ Litigation. Except as disclosed in the Company's Application for Credit dated as
of February 9, 2010 (the “Application”), there are no pending legal, arbitration, or governmental actions or
proceedings to which the Guarantor is a party or to which any of its property is subject which, if adversely
determined, could have a material adverse effect on the condition, financial or otherwise, operations,
propetties, or business of the Guarantor, or on the ability of the Guarantor to perform its obligations
