Finance Committee

TERM.

The term of the Concession Agreement shall be extended from January 1, 2022 to
December 31, 2022.

OTHER TERMS AND CONDITIONS REMAIN.

SECOND AMENDMENT TO CONCESSION AGREEMENT

R-21-172

RESOLUTION

AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO
CONCESSION AGREEMENT WITH GRANITE DIAMOND, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a Second Amendment to Concession Agreement in substantially the
same form as the attached. This amendment extends the Concession Agreement for a term of one
year beginning on January 1, 2022 and ending on December 31, 2022.

Document comparison by Workshare 10.0 on Wednesday, August 4, 2021
12:08:24 PM

Input: :
Manage://MCLANE-DMS.IMANAGE.WORK/McLaneDocs
Document 11D i 4292709/2

= 14292709v2<McLaneDocs> - Tower Lease
peescnption dcp tower construction and cut over)

iManage://MCLANE-DMS.IMANAGE.WORK/McLaneDocs
\Document 2 ID i 4292709/6

14292709v6<McLaneDocs> - Tower Lease
Replacement tower construction and cut over)

[Rendering set__ [Standard

Description

tyle change
Format change

Exhibit “A”

{Sketch of Premises within Property and location of the Tower)

IN WITNESS WHERECE, the Parties hereto have signed below on the dates indicated, to be
effective as set forth in the opening paragraph of this Agreement.

LESSOR: CITY OF NASHUA

By:
Name:
Title:
Dated:

LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless

By:
Name:
Title:
Dated:

The following Exhibits are attached hereto and incorporated by reference:

“A” — Lease Exhibit showing Premises within Property and location of the Tower

“Ru
“¢* Survey (LESSEE’s option)
a. I ESSOR g Wo

losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this
Agreement to expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of this Agreement and the Parties shall make an appropriate
adjustment as of such termination date with respect to payments due to the other under this Agreement.
If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall

a. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or concerns as may now or at any time
hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way

a. In the event there is a breach by LESSEE with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, LESSOR shail give LESSEE
written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days
in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach,
provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the