EXHIBIT A
A certain parcel of land located in the City of Nashua, Hillsborough County, State of New
Hampshire known as 141 Burke Street and more specifically shown as Proposed Lot 158,
consisting of 27.101 acres, on a plan entitled “Subdivision Plan (Map 11, Lot 158) 141-143
Burke Street, Nashua, New Hampshire” prepared by Hayner Swanson, Inc., dated April 19,
2019, and recorded as Plan #40222 in the Hillsborough County Registry of Deeds.
Executed as of the Effective Date.
PURCHASER:
Burke Street Nashua, LLC
Name:
Title:
SELLER:
City of Nashua
By:
Name: James W. Donchess
Title: Mayor
23, CASUALTY.
If the Property or any material part thereof is materially damaged or destroyed by fire or
other casualty, then Purchaser may terminate this Agreement and the Second Deposit shall be
returned to Purchaser.
24, TAKING.
caused by or arising out of actual and intentiona! misconduct, willful disregard of this Agreement
or gross negligence on the part of the Escrow Agent. Escrow Agent shall be entitled to rely, and
shall not be subject to any liability in acting in reliance, upon any writing furnished to Escrow
Agent by either party, and shall be entitled to treat as genuine and as the document which it
purports to be, any letter, paper or other document furnished to Escrow Agent in connection with
16, SUCCESSORS AND ASSIGNS.
Purchaser may assign its rights, duties and obligations hereunder prior to the Closing to
an entity under common control with Purchaser. No other assignment shall be permitted without
Seller's consent, which consent may be withheld in Seller’s sole discretion. This Agreement and
the rights, duties and obligations of the parties hereunder shall apply to and bind the heirs,
executors, administrators, trustees, legal representatives, successors and assigns of the respective
parties.
(vil) Keys to all locks on the Property in Seller’s possession or control, if any;
(viii) Such other instruments as Purchaser may reasonably request to effectuate
the transaction contemplated by this Agreement without additional liability
or expense to Seller.
(b) Purchaser’s Closing Deliveries. On the Closing Date, Purchaser shall deliver or
cause to be delivered each of the following to Seller:
(i) A counterpart executed original of the Closing Statement;
13. DUE DILIGENCE.
During the period that begins on the Effective Date and ends on the later of 45 days
thereafter or November 12, 2020 (the ‘Due Diligence Period”), Purchaser may perform, at
Purchaser’s sole cost and expense, an evaluation of the Property including:
(a) An appraisal and site assessment, investigations, inspections, and review of use,
zoning, permitting, engineering, wetlands, ledge, access and other construction issues;
10. DEFAULT.
(a) Default by Purchaser: If Purchaser shall fail to timely close on the Closing Date
due to a breach of any material term of this Agreement, then Seller, as its sole and exclusive
remedy for Purchaser’s default, shall be entitled to obtain from the Escrow Agent and retain the
Deposit as reasonable liquidated damages.
(v)
(vi)
(vii)
hazardous waste, harmful substances or the environment) regarding the
Premises.
There are no leases, licenses, occupancy or related agreements or
tenancies (written or unwritten) affecting the Property except those in the
public record.
limiting the generality of the foregoing, Purchaser acknowledges that, except as otherwise
expressly stated herein, Seller has made no representations, warranties or covenants as to the
compliance of the Property with any federal, state, municipal or local statutes, laws, rules,
regulations or ordinances, including, without limitation, those pertaining to land use, zoning, lead
paint, urea formaldehyde, asbestos, environmental conditions, hazardous or toxic wastes or
