Agenda

Notary Public
My commission expires:

20

I, , a Notary Public of the State and County
aforesaid, certify that Susan Lovering personally came before me this day and
acknowledged under seal that she is City Clerk of the City of Nashua, and that by authority
duly given and as the act of the Board of Aldermen, the foregoing instrument was signed
in its name by its Mayor, and attested by herself as its City Clerk.

WITNESS my hand and official seal, this day of , 2020.

Notary Public
My commission expires:

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

5.23, Amendment. This Agreement shall not be modified or amended in any
respect except by a written instrument executed by the Parties.

5.24 ‘Time of the Essence. Time is of the essence in this Agreement.

work product with its attorneys, accountants, consultants, contractors, or potential lenders
or investors, or prevents the holding of public City meetings in compliance with applicable
laws.

5.20 Representations, Warranties and Indemnity Regarding Brokers.

a) City represents to Developer that no real estate broker or agent has rendered
a service or represented City in connection with this Agreement or the transaction
contemplated in this Agreement for which any brokerage commission or fee is due.

a) City has the full right, power, and authority to enter into this Agreement and
to perform its obligations under this Agreement without contravention of any obligation on
the part of Developer, whether statutory, contractual or otherwise;

b) City will execute, deliver and perform this Agreement in accordance with
all applicable laws and ordinances;

5.10 Counterparts. This Agreement may be executed in several counterparts,
each of which shall be deemed an original and such counterparts shall constitute one and
the same instrument.

5.11 Agreement to Cooperate. In the event of any legal action instituted by a
third party or other governmental entity or official challenging the validity of any provision
of this Agreement, the Parties hereby agree to cooperate in defending that action; provided,
however, each Party shall retain the right to pursue its own independent legal defense.

and severally liable with the assignee for the performance of and compliance with all of
Developer's duties obligations and liabilities under this Agreement.

2420 East Sunrise Boulevard, #90
Fort Lauderdale, Florida 33304
Attn: Peter Flotz

With a copy to: Drew Melville, Esquire
Melville Law, P.A.
101 NE 3™ Avenue, Suite 1500
Fort Lauderdale, Florida 33301
Phone: 954-332-3533
Email: drew @ melville.law

month per space in the first (1) month and increasing to FIFTY AND NO/100 DOLLARS
($50) per month per space in the twenty-forth (24") month. The Garage
Lease will include a provision to lease the spaces referred to above for $50 per month
through the tenth (10) anniversary of the Project’s certificate of occupancy. After that
time, the lease will include a provision to allow the rate to be modified to a price not more
than that offered to other “wholesale” (20 permits or more) users of the Nashua parking

Bonds shall be supplied to City, and City shall be entitled to maintain a direct action against
the applicable surety/bonding company (and any other parties that may be necessary parties
to such an action). In the event of a default by Developer’s general contractor under its
construction contract, City shall be entitled to participate fully in any action against the
general contractor or the surety/bonding company and the Developer shall not agree to any
compromise or settlement of that action without City’s prior written consent, provided that