EXECUTED by the parties, by their duly authorized undersigned representatives, as of the date first
written above.
Burke Street Nashua, LLC
Name:
Title:
CITY OF NASHUA
Pursuant to Board of Alderman Resolution dated
Name: James W. Donchess
Title: Mayor
Date and (11) the completion of construction of the City’s expansion of the
sewer facility on the City Lot.
(v) the provisions of this subsection (d) shall survive Closing.
2. Exhibits B, C, and D attached hereto are incorporated by reference and made a part hereof.
3. All other terms and conditions of the Purchase and Sale remain unchanged unless previously
amended.
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
ACCESS EASEMENTS
This FIRST AMENDMENT is made as of __, 2021 by and between
Burke Street Nashua, LLC a New Hampshire limited liability company with an address of 124 Joliette
Street, Manchester, New Hampshire 03105 and the City of Nashua, a New Hampshire municipality with
an address of 229 Main Street, New Hampshire 03060.
R-21-135
RESOLUTION
AUTHORIZING A FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
FOR REAL PROPERTY LOCATED AT 141-143 BURKE STREET (MAP 11, LOT 158)
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
WHEREAS, Amended Resolution R-20-059, Authorizing the sale of City real property
located at 141-143 Burke Street Tax Map 11, Lot 158 (’Property”), was passed by the Nashua
Board of Aldermen on September 22, 2020;
WHEREAS, the Purchase and Sale agreement was executed November 6, 2020 for the
Property (“Purchase and Sale”);
LEGISLATIVE YEAR 2021
RESOLUTION: R-21-134
PURPOSE: Relative to the supplemental appropriation of $30,000 of
FY2021 unanticipated revenue into Department #160 “Public
Works Administration & Engineering”
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: This resolution will reduce FY2021 year-end General Fund
surplus.
ANALYSIS
R-21-134
RESOLUTION
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $30,000 OF
UNANTICIPATED REVENUE INTO DEPARTMENT #160 “PUBLIC WORKS
ADMINISTRATION & ENGINEERING”
In the Year Two Thousand and Twenty-One
CPCNH JPA — Initial By-Laws (pp. 30-32)
Art. 10 - Financial Report & Audits p. 30
- Annual independent financial report by CPA
required — provide to each Director & Member
Art. 11 — Dissolution & Liquidation p. 30
- Require unanimous consent of all Members
- Responsible winding-up required
- All remaining proceeds & assets to Members
Art. 12 — Conflict of Interest pp. 30-31
12.1 Duty to Disclose & Voting Requirements
12.2 Compliance with pecuniary benefit transactions
Statutes in NH law.
CPCNH JPA — Initial By-Laws (pp. 19-29)
Art. 2 - Purpose & Powers repeat
Art. 3 - Membership:
3.5 Manner of Becoming a Member
pp. 19-21
p. 22
3.6 Designation of Member Representatives; Voting
- ONE VOTE PER MEMBER AS REQUIRED BY LAW
3.7-8 Withdrawal/Termination of Membership
Art. 4 - Membership Meetings pp. 22-23
4.6 All CPNH meetings to comply with RSA 91-A
Art. 5 - Board of Directors pp. 23-26
5.3 Composition: 5-21 w/1 Director per Member
until more than 21 members then:
CPCNH JPA — Articles of Agreement (p. 17)
Limitation of Personal Liability
EIGHTH:. . . There shall be no personal liability of a director, an officer, or
both, to the corporation for monetary damages for breach of fiduciary duty as a
director, an officer, or both, except with respect to:
1. Any breach of the director's or officer's duty of loyalty to the
corporation. [fiduciary & good faith governance duties]
CPCNH JPA — Articles of Agreement (pp. 15-17)
POWERS: (similar to other joint power agencies & governmental instrumentalities)
7.13 Incur debts, liabilities, and obligations, provided that all debts, liabilities
and obligations shall be non-recourse to any and all of the Members unless expressly
agreed to by such Members through a Member's Cost Sharing Agreement or Project
Contract as those terms are defined in the JPA;
