Agenda

(1) The Developer and NHRA each have the legal right, power and authority
to enter into this Agreement and to perform all of its obligations
hereunder.

(ii) The execution and delivery of this Agreement and the performance by the
Developer and NHRA of its obligations hereunder will not conflict with,
or result in a breach of, any of the terms, covenants and provisions of any
agreement or instrument to which the Developer and NHRA is a party or
by which the Developer and NHRA is bound.

5. Permission to Use Parking. If approved, the new ordinances will allow for 42 head-
in parking spaces and further allows for 5 parking spaces on the hammerhead turnaround at the
easterly end of Myrtle Street all as shown on the Bronstein Redevelopment Site Plan. During the
work week - Monday through Friday 9am -- 5pm, except holidays-, the spaces are and will be
available to the public, including residents of Bronstein Redevelopment, on a first come, first
served basis. For all times outside of the workweek, as defined, the parking spaces shall be

WHEREAS, the Site Plan for Bronstein Redevelopment showed the following items which
items required coordination with the City of Nashua:

e 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.

MEMORANDUM OF UNDERSTANDING

R-21-157

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING REGARDING THE BRONSTEIN REDEVELOPMENT

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a Memorandum of Understanding regarding the Bronstein Redevelopment in
substantially the same form as the attached.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-156

PURPOSE: Authorizing the City of Nashua to enter into an option
agreement with Harbor Homes, Inc. for parking lease

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: The monthly rent for the initial five (5) year term shall be Fifty

Dollars ($50.00) per each parking space per month multiplied
by fifteen (15) parking spaces, for a total monthly rental
payment of $750.00. The cost for updating space/lot signage is
$350.00.

ANALYSIS

HARBOR HOMES, INC., LESSEE

By:
Peter. J. Kelleher, President and Chief
Executive Officer

Duly authorized

State of New Hampshire
County of Hillsborough, SS

This instrument was acknowledged before me on . 202 _ by Peter J.

Kelleher, as President and Chief Executive Officer of Harbor Homes, Inc.,

Justice of the Peace/Notary Public
My Commission Expires:

WITNESSED BY: CITY OF NASHUA, LESSOR

By:
James W. Donchess, Mayor
Duly authorized

State of New Hampshire
County of Hillsborough, $8

This instrument was acknowledged before me on 202 by James W.

Donchess, as Mayor of the City of Nashua.

Justice of the Peace/Notary Public
My Commission Expires:

from, arising out of (or which may be claimed to arise out of) the acts or omissions of the LESSEE,
its guests or invitees or from the use by LESSEE, its guests or invitees of the above described
Leased Spaces during the hours of LESSEE’s exclusive use of the Leased Spaces.
Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of
immunity of the City of Nashua, which immunity is hereby reserved to the City of Nashua. This

5. LESSOR shall at all times during the term of this Lease, and at tts own cost and
expense, keep and maintain, or cause to be kept and maintained, the Leased Spaces in good order
and ina clean, sanitary, healthful and safe condition. LESSEE shail periodically inspect the Leased
Spaces and keep the Leased Spaces free of garbage, refuse, or other debris. LESSOR shall remove
and properly dispose of snow from the Leased Spaces, and shall remove and properly dispose of
any unregistered or abandoned vehicles from the Leased Spaces. During snow emergencies,