AGENDA MEETING OF THE BOARD OF ALDERMEN MAY 11, 2021
7:30 PM
Meeting is being conducted remotely in accordance with Governor’s Emergency Order #12 pursuant to Executive Order 2020-04
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1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
3. PLEDGE TO THE FLAG LED BY ALDERMAN PATRICIA KLEE 4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
8. READING OF MINUTES OF PREVIOUS MEETINGS
Special Board of Aldermen……………………………………………………………………... 04/26/2021 Special Board of Aldermen……………………………………………………………………... 04/27/2021 Board of Aldermen……………………………………………………………………...... 04/27/2021
9. COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS FROM LIAISONS
From: Matt Sullivan, Planning Department Manager Re: Referral from the Board of Aldermen on O-21-058 to Nashua Planning Board, amending the Floodplain Management Land Use Ordinance
From: Matt Sullivan Planning Manager Sherry Dutzy, Chair, Nashua Conservation Commission Re: Referral from the Board of Aldermen to Conservation Commission on O-21-058, amending the Floodplain Management Land Use Ordinance
From: Deb Chisholm, Waterways Manager Re: Proposed modification to Land Use Code 190 Article VII Floodplain Management
From: Diane Thibodeau, Executive Assistant, Division of Public Works Re: Board of Aldermen Referral – R-21-127 bond
From: Julie Chizmas, Transportation and Long-Range Planner Re: Partnership with Bird Rides, Inc.
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9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
From: Susan K. Lovering, City Clerk Re: Organization for Refugee and Immigrant Success (ORIS) Request to Waive Vendor’s License Fees
PETITIONS
Street Re-Numbering Petition – 5 Berkshire Street, Sheet 61B/Lot 30 and Sheet 61B/Lot 29 • Committee on Infrastructure Recommends: Granting Petition with renumbering known as 5 and 9 Berkshire Street
Petition for Street Layout – 44 Buckmeadow Road
NOMINATIONS, APPOINTMENTS AND ELECTIONS
10. REPORTS OF COMMITTEE
Budget Review Committee…………………………………………………………….. 04/26/2021 Committee on Infrastructure…………………………………………………………… 04/28/2021 Personnel/Administrative Affairs Committee………………………………………… 05/03/2021 Planning and Economic Development Committee………………………………….. 05/04/2021 Finance Committee……………………………………………………….…………….. 05/05/2021
11. CONFIRMATION OF MAYOR’S APPOINTMENTS
Cable Television Advisory Board
Justin Chapman (new appointment) Term to Expire: March 31, 2024 55 McKean Street Nashua, NH 03060
Cultural Connections Committee
Margaret Loret (reappointment) Term to Expire: February 1, 2024 4 Cimmarron Drive Nashua, NH 03062
Paul Shea (new appointment) Term to Expire: April 1, 2024 102 Tolles Street Nashua, NH 03064
Nashua Arts Commission
Lindsay Rinaldi (reappointment) Term to Expire: April 1, 2024 705 Belmont Street Boston, MA 02478
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UNFINISHED BUSINESS – RESOLUTIONS
R-21-121, Ame nded Endorsers: Mayor Jim Donchess Alderman June M. Caron Alderman Thomas Lopez Alderman Richard A. Dowd Alderman Linda Harriott-Gathright Alderman Jan Schmidt Alderman-at-Large Michael B. O’Brien, Sr. Alderwoman-at-Large Shoshanna Kelly Alderman Patricia Klee Alderman-at-Large Ben Clemons Alderman Skip Cleaver Alderman-at-Large Brandon Michael Laws Alderman-at-Large Lori Wilshire CHANGING THE NAME OF VETERANS DRIVE TO ARMORY DRIVE INDEPENDENCE DRIVE, AND CHANGING THE NAME OF THE BROAD STREET PARKWAY TO VETERANS MEMORIAL PARKWAY • Committee on Infrastructure Recommendation: Final Passage as amended by changing Veterans Drive to Independence Drive and changing Broad Street Parkway to Veterans Memorial Parkway • Special Subcommittee Recommendation: In favor of changing Veterans Drive to Independence Drive and changing Broad Street Parkway to Veterans Memorial Parkway
R-21-127 Endorsers: Mayor Jim Donchess Alderman-at-Large Michael B. O’Brien, Sr. Alderman Jan Schmidt Alderman Richard A. Dowd Alderman Patricia Klee Alderman Thomas Lopez Alderman Linda Harriott-Gathright AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF FIVE MILLION FOUR HUNDRED EIGHT THOUSAND DOLLARS ($5,408,000) FOR THE FISCAL YEAR 2021 CITY’S SEWER INFRASTRUCTURE PROGRAM • Budget Review Committee Recommendation: Final Passage • Board of Public Works Recommendation: Positive Recommendation
R-21-129 Endorsers: Mayor Jim Donchess Alderman Jan Schmidt Alderman-at-Large Michael B. O’Brien, Sr. Alderman Richard A. Dowd Alderman Thomas Lopez Alderman Patricia Klee Alderman June M. Caron Alderwoman Shoshanna Kelly Alderman Linda Harriott-Gathright Alderman-at-Large Lori Wilshire RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $1,439,929 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (“HOPWA”)” • Human Affairs Committee Anticipated Recommendation: Final Passage
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R-21-131 Endorsers: Mayor Jim Donchess Alderman-at-Large Michael B. O’Brien, Sr. Alderman Richard A. Dowd Alderman Thomas Lopez Alderwoman-at-Large Shoshanna Kelly Alderman Linda Harriott-Gathright Alderman-at-Large Lori Wilshire AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH NASHUA COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF HUDSON, THE PLUS COMPANY AND THE SOUHEGAN VALLEY TRANSPORTATION COLLABORATIVE FOR TRANSIT SERVICES • Budget Review Committee Recommendation: Final Passage
R-21-133 Endorsers: Mayor Jim Donchess Alderman Patricia Klee Alderman-at-Large Michael B. O’Brien, Sr. Alderman Jan Schmidt Alderman Thomas Lopez Alderman Linda Harriott-Gathright Alderman-at-Large Lori Wilshire AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A JOINT POWERS AGREEMENT OF COMMUNITY POWER COALITION OF NEW HAMPSHIRE • Finance Committee Recommendation: Final Passage
UNFINISHED BUSINESS – ORDINANCES
O-21-056, Amended Endorsers: Mayor Jim Donchess Alderman June M. Caron Alderman Thomas Lopez Alderman Linda Harriott-Gathright Alderman-at-Large Michael B. O’Brien, Sr. Alderman Skip Cleaver Alderman Richard A. Dowd Alderman-at-Large Ben Clemons Alderman Patricia Klee AMENDMENTS TO THE ORDINANCES RELATIVE TO STREET NAME CHANGES OF VETERANS DRIVE AND THE BROAD STREET PARKWAY • Committee on Infrastructure Recommendation: Final Passage as amended by changing Veterans Drive to Independence Drive and changing Broad Street Parkway to Veterans Memorial Parkway • Special Subcommittee Recommendation: In favor of changing Veterans Drive to Independence Drive and changing Broad Street Parkway to Veterans Memorial Parkway
O-21-058 Endorsers: Mayor Jim Donchess Alderman-at-Large Michael B. O’Brien, Sr. Alderman Jan Schmidt Alderman Linda Harriott-Gathright Alderman Patricia Klee AMENDING THE FLOODPLAIN MANAGEMENT LAND USE ORDINANCES • Planning & Economic Development Committee Recommends: Final Passage • Nashua Planning Board Recommendation: Favorable Recommendation • Conservation Commission Recommendation: Favorable Recommendation
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O-21-059 Endorsers: Alderman Richard A. Dowd Alderman-at-Large Michael B. O’Brien, Sr. Alderman Patricia Klee Alderman Jan Schmidt Alderman Linda Harriott-Gathright Alderman-at-Large Ben Clemons AUTHORIZING A RIGHT TURN ONLY LANE ON AMHERST STREET TO COTTON ROAD CONNECTOR • Committee on Infrastructure Recommendation: Final Passage
O-21-060 Endorsers: Alderman Richard A. Dowd Alderman-at-Large Michael B. O’Brien, Sr. Alderman-at-Large Lori Wilshire NO PARKING AT CERTAIN TIMES AND NO ON-STREET STUDENT DROP OFF OR PICK UP ON SECTIONS OF CLEVELAND STREET • Committee on Infrastructure Recommendation: Final Passage as amended to include except on days of municipal and national elections
NEW BUSINESS – RESOLUTIONS
R-21-137 Endorser: Mayor Jim Donchess RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $352,078 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY2022 REGIONAL PUBLIC HEALTH NETWORK SERVICES”
R-21-138 Endorser: Mayor Jim Donchess RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,563.84 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM” INTO POLICE GRANT ACTIVITY “2020 HOMELAND SECURITY GRANT PROGRAM”
R-21-139 Endorser: Alderman Jan Schmidt AUTHORIZING THE BUS PULL OFF AND SHELTER EASEMENT ON BRIDGE STREET AND TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT ON SANDERS STREET
R-21-140 Endorser: Mayor Jim Donchess AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE TOWN OF MERRIMACK FOR TRANSIT SERVICES
R-21-141 Endorser: Alderman Ernest A. Jette AUTHORIZING THE EXPENDITURE OF UP TO $24,500 FROM THE CONSERVATION FUND FOR WORK ON THE SALMON BROOK TRAIL
R-21-142 Endorser: Mayor Jim Donchess RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
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R-21-143 Endorsers: Mayor Jim Donchess Alderman Thomas Lopez Alderman-at-Large Brandon Michael Laws Alderwoman-at-Large Shoshanna Kelly Alderman Patricia Klee Alderman Jan Schmidt PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS
R-21-144 Endorsers: Mayor Jim Donchess Alderman Jan Schmidt AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)
R-21-145 Endorser: Mayor Jim Donchess AUTHORIZING THE INTERFUND TRANSFER OF $325,000 FROM THE BROAD STREET PARKWAY CAPITAL PROJECT ACTIVITY TO THE NASHUA MILLYARD DOG PARK CAPITAL PROJECT ACTIVITY FOR THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)
NEW BUSINESS – ORDINANCES
O-21-062 Endorser: Alderman June M. Caron ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 CROWN STREET
O-21-063 Endorser: Alderman Jan Schmidt ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF NEWTON DRIVE
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT
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City of Nashua Planning Department Planning & Zoning 603 589-3090 WEB www.nashuanh.gov 229 Main Street Nashua, New Hampshire 03061-2019
MEMORANDUM
Date: April 23, 2021
To: Aid. Lori Wilshire, President, and Board of Aldermen Aid. David Tencza, Chair and Planning & Economic Development Committee
Sherry Dutzy, Chair and Nashua Conservation Commission
From: Matt Sullivan, Planning Department Manager RE: Referral from the Board of Aldermen on 0-21-058, amending the Floodplain Management Land Use Ordinance.
At the Nashua City Planning Board's specially scheduled meeting of April 22, 2021, the Planning Board voted unanimously to make a favorable recommendation on O- 21-058.
If you have any questions concerning this notification, please contact me at 589-3090 or via [email protected]. cc: Mayor Jim Donchess Donna Graham, Legislative Assistant Susan Lovering, City Clerk Scott LeClair, Chair, NPCB Sarah Marchant, Community Development Division Director City of Nashua Conservation Commission City Hall, 229 Main Street, PO Box 2019, Nashua NH 03061-2019 (603) 589-3090 www.nashuanh.gov
MEMORANDUM
Date: May 4th, 2021
To: Aid. Lori Wilshire, President, and Board of Aldermen Aid. David Tencza, Chair and Planning & Economic Development Committee
From: Matt Sullivan, Planning Department Manager Sherry Dutzy, Chair, Nashua Conservation Commission
RE: Referral from the Board of Aldermen on 0-21 -058, amending the Floodplain Management Land Use Ordinance.
At the Nashua City Conservation Commission's regularly scheduled meeting of May 4th, 2021, the Commission voted 4-1 to make a favorable recommendation on 0-21- 058.
If you have any questions concerning this notification, please contact me at 589-3090 or via [email protected]. cc: Mayor Jim Donchess Donna Graham, Legislative Assistant Susan Lovering, City Clerk Scott LeClair, Chair, NPCB Sarah Marchant, Community Development Division Director
229 Main Street - P.O. Box 2019 / Nashua, NH 03061-2019 / Telephone (603) 589-3090 / FAX (603) 589-3259 Community Development 589-3095 City of Nashua Planning and Zoning 589-3090 Building Safety 589-3080 Community Development Division Code Enforcement 589-3100 City Hail, 229 Main Street, PO Box 2019 Urban Programs 589-3085 Conservation Commission 589-3105 Nashua, New Hampshire 03061-2019 Transportation 880-0100 www.nashuanh.gov FAX 589-3119
Date: March 13, 2021
To: Lori Wilshire, Board of Aldermen President Jim Donchess, Mayor
From: Deb Chisholm, Waterways Manager
Re: Proposed modification to Land Use Code 190 Article VII Floodplain Management
The Community Rating System (CRS) is a voluntary program for communities like Nashua that participate in the National Flood Insurance Program (NFIP), The CRS offers NFIP policy holders premium discounts in communities that develop and execute extra measures beyond minimum floodplain management requirements to provide protection from flooding. The City has been participating in the CRS program since 2016. Based on our floodplain management efforts, the City has been assigned a classification of 8 on a scale of 1 to 10. As a result, a premium discount is available for eligible flood insurance policies. In 2021, Federal Emergency Management Agency (FEMA) issued new prerequisites to the floodplain management requirements. In order to maintain our current classification in the CRS program, our Floodplain Management Ordinance needs to be modified to reflect enhanced flood protection for development in the special flood hazard area (SFHA). To that end the Floodplain Management Ordinance must be revised to require at least one foot of freeboard for residential buildings in the SFHA.
Within the City's Land Use Code, under NRO 190, the City adopted Article VII Floodplain Management §190-59 through §190-70 to apply to lands designated as special flood hazard areas as determined by FEMA. The code currently describes the construction requirements for development within a special flood hazard area. The primary focus of this proposed ordinance is to modify §190- 63 Construction requirements such that all residential development including new construction, placement of new manufactured homes, and Substantial Improvements, be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are located at least 1 foot above base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding.
The proposed changes will strengthen the City's land use planning techniques to reduce flood losses, and will support the City's ability to continue providing a reduction in flood insurance premiums to the community.
1 I P a g e Graham, Donna
From: Thibodeau, Diane Sent: Tuesday, May 04, 2021 12:59 PM To: Graham, Donna Subject: RE: BOA referral - R-21-127 bond
Hi Donna,
R-21-127 received a positive recommendation from the Board of Public Works at the April 29, 2021.
Thanks.
Diane Thibodeau Executive Assistant Division of Public Works 9 Riverside Street Nashua, NH 03062 P: 603-589-3136 F: 603-589-3169 Community Development 589-3095 City of Nashua Planning and Zoning 589-3090 Building Safety 589-3080 Community Development Division Code Enforcement 589-3100 Urban Programs 589-3085 City Hail, 229 Main Street, PO Box 2019 Conservation Commission 589-3105 Nashua, New Hampshire 03061-2019 Transportation 880-0100 www.nashuanh.gov FAX 589-3119
Date: May 5, 2021 To: Board of Aldermen; Board of Public Works From: Julie Chizmas, Transportation and Long-Range Planner Re: Partnership with Bird Rides, Inc. The City is partnering with shared electric scooter company, Bird Rides, to bring scooters back to Nashua beginning the week of May 17th. Similar to the VeoRide scooters that were here in 2019, Bird scooters will be available through a smartphone app and riders pay to use the scooter per minute, at no cost to the City. Bird has contracted with two local entrepreneurs to manage and operate the scooter-sharing service. Under the "Fleet Manager" model, each manager will share the responsibility of launching, balancing, charging and maintaining the 125 scooters. The scooters will be available for rent between 5 AM and midnight. Unlike the Veo scooters which had removable batteries that were swapped out in place, Bird's scooters are taken out of service for charging and this is often done overnight. Scooters that are fully charged will stay out but will be locked and will not able to be rented between midnight and 5 AM. The scooters have a maximum speed of 15 mph and riders are required to be 18 years old or older to access them. In-app safety messaging encourages riders to wear a helmet on every ride. Riders are also told they are required to obey all standard rules of the road, yield to pedestrians, and park scooters out of the way of public pathways, doorways and driveways. The service area that the scooters may be operated within is similar to the area used in 2019, extending from Nashua High School North east to the Merrimack River, and from Greeley Park south to Rivier University (map included on page 2). The service area can be adjusted based on demand, by request, or for special events such as parades, and preferred and no-parking zones can also be included. The app has a Community Mode feature so issues can be easily reported and support tickets are routed to our local Fleet Managers and also our Bird Account manager. Bird also has a 24/7 toll- free phone line for support and a general support email address. Our Agreement with Bird stipulates that when a parking, maintenance or other issue is reported between 6AM and 9 PM, the response will be within 2 hours of the time of report and when reported between 9 PM and 6 AM, the response will be prior to 8 AM. Bird's app supports over 25 languages and they have a Community Pricing program that offers a 50% discount to eligible low-income riders, Pell grant recipients, select local nonprofit and community organizations, veterans, and senior citizens. They also offer free rides for Healthcare
Page 1 oj2 Workers and Emergency Personnel. Eligible riders will receive two free 30-minute rides per day to help with the recovery from the global health crisis.
A Scooter Launch Event is scheduled for Monday, May 24th at 1:30 pm at City Hall. I am the Point of Contact for this project and am working directly with our Account Manager at Bird. If you have any questions, I can be reached at [email protected] or 589-3064.
Page 2 of 2 Office of the City Clerk City of Nashua 229 Main Street Susan Lovering Nashua, NH 03061-2019 City Clerk (603) 589-3010, Option #5 [email protected]
Memorandum
To: Board of Aldermen VI From: Susan K. Lovering, City Clerk Date: May 5, 2021 ™ Re: Organization for Refugee and Immigrant Success (ORIS) Request to Waive Vendor's License Fees
Attached please find a request to waive the vendor's license fees in the amount of $100.00, as prescribed by NRO 231-11,G.
As indicated in Ms. Witri's letter, the Organization for Refugee and Immigrant Success, (ORIS), is working with Grow Nashua and other organizations to identify gaps in fresh food access for Nashua residents. They recently partnered with the Amherst Park Apartments located at 525 Amherst Street and are currently in the process of identifying other locations within the city for their mobile market to visit throughout the summer season.
Although additional paperwork and details are needed prior to this office issuing a license, I am forwarding the request for the Board's review and consideration. Thank you. ©RtS Organization for Refugee and Immigrant Success 434 Lake Ave, 2nd Floor Manchester, NH 03103 www.refuqeesuccess.org www, f re s h sta rtf a r m s n h. co m
May 5th, 2021
Dear Susan, My name is Laurel Witri, and I am the Food Access Specialist at the Organization for Refugee and Immigrant Success, an ethnic-community based nonprofit organization in Manchester, NH. We run several programs that serve the new American communities in our state, including a farmer training program, healthy families program, employment services, a youth program, and our mobile market program. I manage the mobile market program, which is essentially a farmer's market on wheels, which was launched in summer 2019. We started with 3 limited-income housing sites in Manchester, and have expanded to 19 "community food access" sites in Manchester and Concord last year. This year, we are expanding into Nashua, and have been working with our colleagues at Grow Nashua and other organizations to identify gaps in the fresh food access for Nashua residents. We are targeting northwest Nashua, an area that is more sprawling and has less focused food access work happening currently. The Amherst Park Apartments building is our first partner to sign on, which houses seniors and families. We are in conversation with several other potential partners as well, and expect to visit Nashua once a week throughout the summer season.
Our market offers fresh, local, fruits and vegetables, meats, eggs, and dairy at a negligible markup, and residents with SNAP/EBT receive 50% off produce through the Granite State Market Match program. We do not cover the cost of operations by sales, and this is a grant-funded program. We barely break even on procurement alone, and we see what we do as a service rather than a business enterprise, however we are always working towards building sustainability with partnerships and sponsorships. The city of Manchester waives our vendor fee, and the city of Concord considers our site visits "charitable events" instead of, say, "food truck" stops.
We would appreciate it if the city of Nashua also waived our fee for our vendor license, however we would be happy to pay it if necessary and are ready to do so upon request. I can be reached at [email protected] with any questions.
Kindly, Laurel Witri, Food Access Specialist, ORIS PETITION FOR STREET LAYOUT
TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:
Pursuant to RSA 231:8, the undersigned requests that the following described portion of land be laid out for a public highway:
The "Area of Acquisition", comprising 0.172 acres (7,512 SF), more or less, being a portion of the premises known as 44 Buckmeadow Road, Map C, Lot 25, City of Nashua, County of Hillsborough, State of New Hampshire, as shown on the attached plan entitled "Acquisition Plan (Map C, Lot 25), 44 Buckmeadow Road," dated January 15, 2021 (as revised) and prepared by Hayner/Swanson, Inc. for the City of Nashua Joint Special School Building Committee, which plan is incorporated herein by reference; and is more particularly described as follows:
Beginning at a stake and stones at the northwesterly corner of Map "C" Lot 2851 (land of the City of Nashua) at Map "C" Lot 25 (land of Jeannine L., Paul G. And Michael J. Gagnon), thence S 10°49'23" E along said Lot 2851, a distance of 55.00 feet to a point, thence Crossing said Lot 25 by the following two (2) courses: N 68046'28" W a distance of 91.76 feet, thence S 87°03'01" W a distance of 28.42 feet to a point at Map "C" Lot 762 (other land to be acquired by the City of Nashua), thence Along Said Lot 762 by the following two (2) courses: N 48°50'33" E a distance of 97.00 feet to a point at the easterly corner of said Lot 762, thence N 24°44'27" W a distance of 60.00 feet to a point, thence S 50°24'46" E crossing said Lot 25, a distance of 120.77 feet to a point at said Lot 2851, thence S 62°56'21" W along said Lot 2851 a distance of 42.00 feet to the point of beginning. PETITION FOR STREET LAYOUT
This street layout is being petitioned by:
Telephone Number PetitionerPetitipner: Richird A. Dowd ; 5"/a I ¿p Arck-f {ßfk Date Address / /
Petition and Plan received ^hm CITY CLERK DATE
The foregoing petition ( ) is ( ) is not The foregoing petition ( ) is ( ) is not recommended for approval: approved (see RSA 674:40):
CITY ENGINEER DATE CHAIRMAN, NASHUA PLANNING BOARD DATE
Petition introduced at Board of Aldermen Meeting DATE
Public Hearing conducted by the Board of Aldermen (see RSA 231:10 and 231:11):
DATE TIME PLACE
In accordance with RSA 231:8, the foregoing petition was granted, by the Board of Aldermen and Mayor on . DATE
The Board of Aldermen vote was ( ) a majority of those present and voting or ( ) 2/3 or more of those present and voting.
Attest: DATE CITY CLERK PLAN REFERENCES: MAF" 'C LOT 350 1 MASTER SUBDIVISION PLAN (LOTS 2409 2410. 2411 S 2791. MAP "C") THE GAGNON FARM PHASE I (FINAL), RIDGE ROAD. NASHUA. NEW HAMPSHIRE. PREPARED FOR GAGNON REALTY TRUST. DATED 18 FEBRUARY 2005 WITH REVISIONS THRU 07/26/05 AND PREPARED BY THIS OFFICE RECORDED AS H C R D PLAN No 34215 2 FINAL SUBDIVISION PLAN-MAP CI LOT 20. RIDGE ROAD NASHUA. NEW HAMPSHIRE PREPARED FOR LORRAINE A KEADY. SCALE V = 200'. DATED: JULY 9. 1991 WITH REVISIONS THRU 10/17/91 AND PREPARED BY CUOCO & CORMIER ENGINEERING ASSOCIATES. INC RECORDED H.C.R.D. PLAN No 25529 3 SURVEYED FOR ANDREW DIANTONIO. NASHUA-N H . CONVEYED BY GEORGE A GAGNON. LOTS 1 & 2. SCALE 1" = 40'. DATE APRIL 1970 AND PREPARED BY R. FOREST LUND RECORDED H C R D PLAN No 4700 4 LOT LINE ADJUSTMENT PLAN PREPARED FOR ANDREW R DIANTONIO. EXECUTOR AND CYNTHIA AND ROGER LANDRY. SCALE. 1' = 50'. DATED: MAY 25.1999 AND PREPARED BY DAVID M O'HARA AN0 ASSOCIATES RECORDED H C R D. PLAN No 30523 VICINITY MAR
NOTES: PURPOSE OF PLAN TO DEPICT THE AREA OF EXISTING MAP C' LOT 25 ACQUIRED BY THE CITY OF NASHUA BY NOTICE OF CONDEMNATION DATED XX. 2021 AND RECORDED IN THE HILLSBOROUGH COUNTY REGISTRY OF DEEDS IN BOOK XXXX. PAGE YYYY REMAINING PORTION OF LOT NUMBERS REFER TO THE CITY OF NASHUA ASSESSORS MAP C MAP V LOT25 JEANNINE L., PAUL G. AND SURVEY CONTROL INFORMATION (PER PLAN REFERENCE No 1) MICHAEL J. GAGNON HORIZONTAL DATUM NAD83 HORIZONTAL PROJECTION NH STATE PLANE 43 BUCKMEADOW ROAD NASHUA. NH 03060 CURRENT OWNER OF RECORD: BK 5435 PG 16 MAP C, LOT 25 JEANNINE L 4 PAUL G » MICHAEL J GAGNON MAP 'C' LOT762 43 BUCKMEADOW ROAD CITY OF NASHUA NASHUA. NH 03062 PO BOX 2019 BK. 5435. PG. 016 229 MAIN STREET NASHUA. NH 03060 BKXXXX PGXXXX
EXISTING ACCESS EASEMENT I STAKE St (HCRO PLAN No. 25529) \S TONES END PRELIMINARY MAP V LOT2851 FOR REVIEW BY ALL CITY OF NASHUA PO BOX 2019 1 05/05/21 CORRECTED PROPERTY ADOREISS 229 MAIN STREET NASHUA. NH 03060 BK 7683 PG 2664 ACQUISITION PLAN (MAP C. LOT 25) 44 BUCKMEADOW ROAD REMAINING PORTION OF NASHUA. NEW HAMPSHIRE MAP V LOT25 I PIN SET JEANNINE L„ PAUL G. AND XX/YY/!07t PREPARED FOR: (TYP) MICHAEL J. GAGNON 43 BUCKMEADOW ROAD CITY OF NASHUA NASHUA. NH 03060 BK 5435 PG 16 JOINT SPECIAL SCHOOL BUILDING COMMITTEE 14-1 LEDGE STREET NASHUA. NEW HAMPSHIRE 030(
RECORD OWNER: ßANNINEL, PAUL G. & MICHAEL f. GAGNON 4-3 BUCKMEADOW ROAD NASHUA. NEW HAMPSHIRE 03062
CERTIFICATION 20 0 20 40 60 80 FEET PURSUANT TO ISA 676.18.111 AND RSA 672. U
I CERTIFY THAT THIS SURVEY PLAT IS NOT A SUBDIVISION PURSUANT TO THIS TITLE AND THAT THE LINES OF STREETS MEDALLION SCALE 1 "=20 Feet AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED AND THAT NO NEW COURT WAYS ARE SHOWN IS JANUARY 202I I FURTHER CERTIFY. TO MY KNOWLEDGE. INFORMATION AND BELIEF. THAT THIS PLAN CUL-DE -SAC SHOWS THE RESULTS OF AN ON THE GROUND "STANDARD PROPERTY SURVEY" AND THAT SAID SURVEY MEETS THE MINIMUM PRECISION AND/OR ACCURACY MEASUREMENTS FOR SURVEY CLASSIFICATION "U" (URBAN) AS SET FORTH IN TABLE 500 1 OF THE NEW Haynor/Swanson, Inc. HAMPSHIRE CCDE OF ADMINISTRATIVE RULES OF THE BOARD OF LICENSURE FOR LAND Civil Enginmmra/Lmnd Surrwyorw SURVEYORS ADOPTED 08/23/01. EFFECTIVE 01/01/09 SB END 3 Congress Street 131 Mtddlemmx Turnpike I FURTHER CERTIFY THAT THIS PLAN IS THE RESULT OF AN Nashua, NH 03062 Burlington, MA 01803 16031 883-2057 (781) 203-1301 ACTUAL FIELD SURVEY MADE ON THE GROUND AND HAS A MAXIMUM irwvr.haynar-atranson.com ERROR OF CLOSURE OF ONE PART IN FIFTEEN THOUSAND ON ALL PROPERTY LINES WITHIN AND BORDERING THE SUBJECT PROPERTY FIELD BOOK: 1232 k 1233 | DRAWING NAME: 4475-F-ACO PLAN20 DENNIS C POLLOCK, LLS 4475 1 OF 1 DRAWN C LOCATION: J: \4000\4475\DW3 Sh«* PROPOSED AMENDMENTS MADE AT CTE ON INFRASTRUCTURE R-21-121
RESOLUTION
CHANGING THE NAME OF VETERANS DRIVE TO ARMORY DRIVE INDEPENDENCE DRIVE, AND CHANGING THE NAME OF THE BROAD STREET PARKWAY TO VETERANS MEMORIAL PARKWAY
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
RESOLVED by the Board of Aldermen of the City of Nashua that "Veterans Drive" be renamed "Armory Drive" "Independence Drive";
BE IT FURTHER RESOL VED by the Board of Aldermen of the City of Nashua that the "Broad Street Parkway" be renamed "Veterans Parkway" "Veterans Memorial Parkway"; and
BE IT FURTHER RESOL VED bv the Board of Aldermen of the City of Nashua that appropriate signage be placed on the Veterans Memorial Parkway Bridge, the Veterans Bridge, and the Tavlor Falls Bridge so they can be easily identified. AMENDED PROPOSED AMENDMENTS MADE AT CTE ON INFRASTRUCTURE 0-21-056
ORDINANCE
AMENDMENTS TO THE ORDINANCES RELATIVE TO STREET NAME CHANGES OF VETERANS DRIVE AND THE BROAD STREET PARKWAY
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
The City of Nashua ordains that the Nashua Revised Ordinances, as amended, be hereby further amended by deleting the struck-through language and adding the following new underlined language, and in the appropriate alphabetical order when appropriate:
1. In Part I "Administrative Legislation", Chapter 5 "Administration of Government", Part 2 "Board of Aldermen", Article II "General Provisions", Section 5-9 "Standing Committees":
"§ 5-9. Standing committees.
B. The President shall appoint Aldermen.
(4) One-member committees. One-member committees shall have an alternate member appointed in the same fashion as the regular member.
(i) Broad Street Veterans Memorial Parkway Liaison Committee, who shall be a member of the Infrastructure Committee. This Committee shall exist until the Broad Street Veterans Memorial Parkway project is completed."
2. In Part II "General Legislation", Chapter 320 'Vehicles and Traffic", Section 320-3 "Traffic signals": ORDINANCE PROPOSED AMENDMENTS MADE AT CTE ON INFRA. 0-21-056
"§ 320-3. Traffic signals.
Traffic signals are hereby authorized and shall be installed and maintained at the following intersections, in accordance with the standards established by the United States Department of Transportation's Federal Highway Administration's Manual of Uniform Traffic Control Devices, 2009 Edition, or as may be amended or revised:
Intersection Traffic Department Location No.
Broad Street at Broad Street Veterans Memorial Parkway 25A
Broad Street Veterans Memorial Parkway at Technology Way 92
Daniel Webster Highway at Veterans Drive Independence Drive 37"
3. In Part II "General Legislation", Chapter 320 'Vehicles and Traffic", Article III "Stop and Yield Intersections", Section 320-4 "Stop intersections", subsection D:
"§ 320-4. Stop intersections.
D. The following intersections are hereby designated as stop or through streets, and authority is hereby granted for the erection of a stop sign at the corner so designated in accordance with the tenor of this chapter:
Stop Sign on Sign Location At Intersection of
Veterans Drive Independence Drive Southwest comer South Main Street"
4. In Part II "General Legislation", Chapter 320 "Vehicles and Traffic", Article VII "One-Way Streets", Section 320-27 "One-way streets at all times": ORDINANCE PROPOSED AMENDMENTS MADE AT CTE ON INFRA. 0-21-056
"§320-27. One-way streets at all times.
The following streets are hereby designated as one-way streets.
Name of Street Direction of Travel Location
Unnamed street connecting the Southwesterly Between the Broad Street new Broad Street Parkway to the Parkway and Stevens Street" southerly end of Everett Street. McLaren Avenue, Parkinson Court, Patten Court and Stevens Street
5. In Part II "General Legislation", Chapter 320 "Vehicles and Traffic", Article VIII "Certain Classes of Traffic on Certain Streets", Section 320-29 "Truck traffic prohibited":
"§320-29. Truck traffic prohibited.
A. Trucks shall be prohibited from certain streets as follows:
Name of Street Location
South Main Street No through trucks with more than 2 axles shall be operated on Main Street from Fairway Street to Veterans Independence Drive"
6. In Part II "General Legislation", Chapter 320 'Vehicles and Traffic", Article XII "Parking, Stopping and Standing", Section 320-69 "No parking on certain streets":
"§320-69. No parking on certain streets.
No parking whatsoever shall be permitted on the following streets, except as provided by law:
Name of Street Side Location
Broad Street Veterans Both From Broad Street to Central Street Memorial Parkway/P ine Street Extension ORDINANCE PROPOSED AMENDMENTS MADE AT CTE ON INFRA. 0-21-056
Name of Street Side Location
Veterans Independence Drive Both Entire length" R-21-137
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $352,078 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY "FY2022 REGIONAL PUBLIC HEALTH NETWORK SERVICES"
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 of Nashua and the Division of Public Health and Community Services are authorized to accept and appropriate $352,078 from the State of New Hampshire Department of Health and Human Services into Public Health and Community Services Grant Activity "FY2022 Regional Public Health Network Services" for the purpose of providing regional public health network services in the Greater Nashua Public Health Region. This funding shall be in effect from July 1, 2021 through June 30, 2022. LEGISLATIVE YEAR 2021
RESOLUTION: R-21-137
PURPOSE: Relative to the acceptance and appropriation of $352,078 from the State of New Hampshire Department of Health and Human Services into Public Health and Community Services Grant Activity "FY2022 Regional Public Health Network Services"
SPONSOR(S): Mayor Jim Donchess
COMMITTEE ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: The fiscal impact is a S352.078 grant to be used for a specific purpose.
ANALYSIS
This resolution authorizes the City to accept and appropriate funds from the State of New Hampshire Department of Health and Human Services for the purpose of providing regional public health network services in the Greater Nashua Public Health Region. This funding shall be in effect from July 1, 2021 through June 30, 2022.
Approved as to account Financial Services Division structure, numbers, and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel
By:
Date: R-21-138
RESOLUTION
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,563.84 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY "STATE HOMELAND SECURITY GRANT PROGRAM" INTO POLICE GRANT ACTIVITY "2020 HOMELAND SECURITY GRANT PROGRAM"
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 of Nashua and the Nashua Police Department are authorized to accept and appropriate $25,563.84 from the State of New Hampshire Department of Safety "State Homeland Security Grant Program" into Police Grant Activity "2020 Homeland Security Grant Program" for the purpose of purchasing night vision equipment. This funding shall be in effect through August 31, 2023. No local match is required. LEGISLATIVE YEAR 2021
RESOLUTION; R-21-138
PURPOSE: Relative to the acceptance and appropriation of $25,653.84 from the State of New Hampshire Department of Safety "State Homeland Security Grant Program" into Police Grant Activity "2020 Homeland Security Grant Program"
SPONSOR(S): Mayor Jim Donchess
COMMITTEE ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $25,563.84 grant to be used for a specific purpose.
ANALYSIS
This resolution authorizes the City of Nashua and the Nashua Police Department to accept and appropriate funds from the New Hampshire Department of Safety State Homeland Security Grant Program for the purpose of purchasing night vision equipment. This funding shall be in effect through August 31, 2023. No local match is required.
Approved as to account Financial Services Division structure, numbers, and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel
By:
Date: R-21-139
RESOLUTION
AUTHORIZING THE BUS PULL OFF AND SHELTER EASEMENT ON BRIDGE STREET AND TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT ON SANDERS STREET
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
WHEREAS, R-09-168, amended, authorized the Business and Industrial Development Authority to enter into agreements for the transfer and redevelopment of the following parcels of land: L Bridge Street - Lot 40-34,40 Bridge Street - Lot 39-32, 70 Bridge Street - Lot 40-48, and 10 Sanders Street - Lot 40-37, totaling approximately 12 acres (the "Property") under certain conditions;
WHEREAS, pursuant to that authorization, the City did enter into such a "Bridge Street Waterfront Development Preferred Developer Agreement for Sale of Land for Private Development" on May 21, 2009, with Renaissance at Nashua, LLC, and three subsequent amendments ("Preferred Developer Agreement");
WHEREAS, on November 10, 2016, pursuant to the Preferred Developer Agreement and as part of the first phase of development, the City transferred title to the land situated off Bridge Street now known as Map 40, Lot 50, which was a lot consolidated from a portion of Map 40 Lots 34 and 48, as shown on a plan entitled "Consolidation/Subdivision Plan (Map 40, Lots 34 & 48) 62 & 70 Bridge Street, Nashua, NH," recorded as Plan #39077 in the Hillsborough County Registry of Deeds.
WHEREAS, R-19-148, passed on August 13, 2019, approved the Business and Industrial Development Authority entering into a fourth amendment to the Preferred Developer Agreement regarding the second phase of development; and
WHEREAS, certain easements and agreement are required for the closing of the second phase of the development. RESOLUTION R-21-139
NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized to enter into the following in substantially the same forms as attached:
1. The Bus Pull Off and Shelter Easement from SMC Residents at Riverfront Landing Phase II Limited Partnership to the City of Nashua; and
2. The Temporary Construction Easement and Use Easement Agreement between the City of Nashua and SMC Residents at Riverfront Landing Phase II Limited Partnership at the right of way known as Sanders Street.
FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute all necessary documents and take all necessary actions contemplated by the above described documents or required to effectuate the same. After recording return to City of Nashua Attn; Legal 229 Main Street, Nashua, NH 03061
BUS PULL OFF AND SHELTER EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS, that SMC Residences at Riverfront Landing Phase II Limited Partnership, a New Hampshire Limited Partnership, with a principal place of business at 100 Galen Street, Suite 301, Watertown, Massachusetts 02473 ("Grantor"), in reference to Map 39 Lot 32 located in Nashua, County of Hillsborough, State of New Hampshire ("Property"), for consideration paid, Grants to the City of Nashua, a New Hampshire municipal corporation, having its principal place of business at 229 Main Street, Nashua, New Hampshire 03061 and its successors and assigns ("Grantee"), the exclusive right and easement to use, repair, maintain and replace a bus pull off area and bus shelter (defined below) on, over and across the aforementioned Property of Grantor beyond the limits of the present highway running past Grantor's Property in the City of Nashua, commonly known as Bridge Street ("Easement Area"), as will or may be necessary in association with the City of Nashua's use of said Bus Shelter in association with the City of Nashua's public transportation system, to be constructed by Grantor in accordance with the requirements of the City of Nashua's Public Works Department all as more fully identified as "Proposed Bus Pull Off and Shelter Easement" on a plan entitled "Easement Plan for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32 and Map 40 Lot 37," prepared for: Renaissance at Nashua, LLC; Record Owner: City of Nashua, dated April , 2021, prepared by McFarland Johnson, and recorded at the Hillsborough County Registry of Deeds as Plan No. (the "Easement Plan"); see also plans entitled "Site Plans for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32 and Map 40 Lot 37," prepared For: Renaissance at Nashua, LLC; Record Owner: City of Nashua, dated January 11, 2021, prepared by McFarland Johnson, and on file with the City of Nashua, New Hampshire as NR (the "Site Plans"). Collectively, the Easement Plan and the Site Plans are referred to herein as the "Plans."
1 Grantor grants to Grantee the exclusive right and license to use the Easement Area for the purposes of constructing, installing and maintaining a passenger waiting shelter and ancillary facilities such as seating, bicycle racks and trash receptacles (collectively referred to herein as the "Shelter"), The Shelter shall be used solely as a public transit passenger waiting shelter.
Grantee shall bear sole responsibility for construction and installation of the Shelter in a safe manner and shall indemnify Grantor against any loss, damage, expense or liability resulting from such construction and installation of the Shelter or failure of Grantee to comply with its responsibilities hereunder. Grantee shall own the Shelter.
Grantor shall bear sole responsibility for maintenance of the Easement Area and the Shelter in a safe manner and shall indemnify Grantee against any loss, damage, expense or liability resulting from such maintenance of the Easement Area and the Shelter or failure of Grantor to comply with its maintenance responsibilities hereunder. Such maintenance shall include snow and ice removal.
This Easement shall include the right of access from, to and across Grantor's Property for all purposes in connection with the exercise of the within granted rights and easement; the right to excavate, trench, and backfill by men or machines and temporarily to place excavated earth and other material on said Property, provided that the said Property shall be restored by the Grantee to substantially the condition in which it was immediately prior to such access, excavation, trenching, and backfilling subject to Grantee's rights herein; the right to plant, trim, cut down and remove bushes, trees and other plant growth on the Property as and to such extent as in the judgment of the Grantee is necessary for any of the above purposes; and the right to place route, scheduling and advertising on the Shelter.
This Easement shall be governed exclusively by the laws of the State of New Hampshire and any claim or action brought relating to this Easement shall be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.
Subject to easements, restrictions, and reservations of record.
This transfer is exempt from transfer tax pursuant to N.H. RSA 78-B: 2,1.
IN WITNESS WHEREOF, Grantor has caused this Easement to be duly executed this day of , 2021.
2 GRANTOR SMC Residences at Riverfront Landing Phase II, LP By: Sentry Management Holding, LLC General Partner
By: Witness Stephen M. Chapman, Managing Member
COMMONWEALTH/STATE OF COUNTY OF
On this day of , 2021, personally appeared, before me, Stephen M. Chapman, personally known to me (or satisfactorily proven) to be the individual whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained on behalf of Sentry Management Holding, LLC, the General Partner of SMC Residences at Riverfront Landing Phase II, LP.
Justice of the Peace/Notary Public Commission Expires:
3 Return to: Prunier & Prolman, P.A. Account No.: 026
TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT Sanders Street, Nashua, New Hampshire
This Temporary Construction Easement and Use Agreement (this "Agreement") is made this day of , 2021, by and between the City of Nashua, a municipal corporation with an address of 229 Main Street, Nashua, New Hampshire 03060 (the "Grantor"), and the SMC Residences at Riverfront Landing Phase II Limited Partnership, a New Hampshire limited partnership with an address of 100 Galen Street, Suite 301, Watertown, Massachusetts 02472 (the "Grantee"),
RECITALS:
WHEREAS, Grantor owns the right of way known as Sanders Street by dedication and acceptance in Nashua, County of Hillsborough and State of New Hampshire, and shown as Sanders Street ("Sanders Street") as shown on a plan entitled "Easement Plan for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32 and Map 40 Lot 37," prepared for: Renaissance at Nashua, LLC, Record Owner: City of Nashua, dated January 11, 2021, prepared by McFarland Johnson, and recorded at the Hillsborough County Registry of Deeds as Plan No. (the "Easement Plan"); see also plans entitled "Site Plans for Bridge Street Development Phase 2; 4, 5 and 6 Sanders Street, Nashua, New Hampshire, Tax Map 39 Lot 32 and Map 40 Lot 37," prepared For: Renaissance at Nashua, LLC; Record Owner: City of Nashua, dated January 11,2021, prepared by McFarland Johnson, and on file with the City of Nashua, New Hampshire as NR (the "Site Plans"). Collectively, the Easement Plan and the Site Plans are referred to herein as the "Plans"; and WHEREAS, Grantee intends to commence building the Residences at Riverfront Landing Phase II project in accordance with the Plans; and
WHEREAS, Grantee desires to enter upon Sanders Street ("Easement Area") to improve and use Sanders Street as shown on the Plans, and 2
WHEREAS, Grantee has requested, and Grantor has agreed to grant this Temporary Construction Easement and Use Easement Agreement on the terms and conditions below.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee (a) temporary nonexclusive rights, privileges, and easements for temporary construction in, over, across and upon the Easement Area for the purpose of installing the roadway improvements according to the Plans (the "Temporary Construction Easements"); and (b) permanent, nonexclusive rights, privileges, and easements for the use in, over, across and upon the Easement Area for the purposes as shown on the Plans ("Use Easement"). Grantor reserves the right to make any use of the Easement Area not inconsistent with this grant.
2. Use. Grantee shall have full and free use of the Easement Area for the purposes stated herein and shall have all rights and privileges reasonably necessary to the enjoyment and exercise of such rights, including the right of reasonable access to and from the Easement Area.
3. Permits and Maintenance. Grantee shall obtain and maintain all permits and/or licenses required for the use by it of the Easement Area.
4. Indemnification. To the extent permitted by law, the Grantee agrees to protect, indemnify, defend, and save Grantor harmless from and against all claims, demands, loses, liabilities, and causes of action of every kind and character in any way resulting from the acts or omissions of the Grantee, the Grantee's agent, employees, representatives, or contractors. If such property damage, personal injury or loss results from the joint negligence or willful misconduct of Grantor and Grantee, Grantee's duty of indemnification shall be in proportion to its allocable share of such joint negligence or willful misconduct.
5. No Warranty of Title. The Temporary Construction Easements and Use Easement are made by Grantor and accepted by the Grantee without warranty of title by Grantor, either express or implied.
6. No Trespass or Inverse Condemnation. The Temporary Construction Easements and Use Easement granted hereunder shall not be deemed a trespass or inverse condemnation of the Property and will not impair Grantor's right to make claim against the Grantee for damages sustained or arising out of the use of the Temporary Construction Easements or Use Easement, if any, in accordance with the terms contained herein.
7. Assignment. This Agreement will not be assignable by the Grantee in whole or in part without the written consent of Grantor. Provided however, it is agreed and acknowledged that the Grantee and its agents, employees, contractors and other users will use the Temporary Construction Easements and Use Easement for the purposes set forth herein and such use shall not be deemed an assignment of Grantee's rights hereunder. 3
8. Required Notice To Enter Property. Grantee shall provide notice to Grantor prior to commencement of construction. Notice may be given by personal delivery, nationally recognized overnight express mail or deposited in the mail, registered or certified, postage and charges prepaid, and address to the party for whom intended at the address specified below, or at such other address as such party may have substituted therefore by notice in the manner set forth above.
If to Grantor:
City of Nashua Attention: Lisa Fauteux 229 Main Street Nashua, NH 03060 Email: [email protected]
With a copy to:
Office of Corporate Counsel Celia K. Leonard, Esq. 229 Main Street Nashua, NH 03060 Email: [email protected]
If to Grantee:
SMC Residences at Riverfront Landing Phase II Limited Partnership Attention: Robert Simonds, Director-Capital Projects 100 Galen Street, Suite 301 Watertown, MA 02472 Email: [email protected]
With a copy to:
Martin J. Baroff, Esq. Baroff& Craven, PA 740 Chestnut Street Manchester, NH 03104 Email: [email protected]
9. Authority. Each party represents and warrants to the other that it is duly authorized to execute this Agreement.
10. Binding Agreement. This Agreement will be binding upon and inure to the benefit of all parties' successors and assigns in title. 4
11. Counterparts. This Agreement may be executed in as many counterparts as may be required by the parties. It shall not be necessary that the signatures on behalf of the parties hereto appear on each counterpart hereof, and it shall be sufficient that the signatures on behalf of the parties hereto appear on one or more such counterparts. All counterparts shall collectively constitute a single agreement.
12. Termination. The Temporary Construction Easements and the rights granted thereby shall terminate and be of no further force or effect upon the Grantee's completion of the Sanders Street improvements as shown on the Plans.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
GRANTOR: City of Nashua
James W, Donchess, Mayor Duly Authorized
GRANTEE: SMC Residences at Riverfront Landing Phase II Limited Partnership By: Sentry Management Holding, LLC General Partner
By: Stephen M. Chapman, Managing Member Duly Authorized
STATE OF NEW HAMPSHIRE COUNTY OF HILLSBOROUGH
On this day of , 2021, personally appeared, before me, James W. Donchess, Mayor of the City of Nashua, personally known to me (or satisfactorily proven) to be the individual whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained.
Notary Public Commission Expires: 5
COMMONWEALTH/STATE OF COUNTY OF
On this day of , 2021, personally appeared, before me, Stephen M. Chapman, personally known to me (or satisfactorily proven) to be the individual whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained on behalf of Sentry Management Holding, LLC, General Partner of SMC Residences at Riverfront Landing Phase II Limited Partnership.
Notary Public Commission Expires:
PI AN RFFFRFNCF;
1, TOMOGRAPHIC «WHSHECt. (LOT yi, Ulp ¿9 AH3 LOIS -*<*. 37. 3B AH3 48. MAP 40). BRIDGE. SANDERS «NO BANCROFT SWEETS, NASHUA. NEW HAUPSH RE. PPiPiPtO FOR RENAISSANCE AT NASHUA. LLC. SCALE: 1*-<0'. OATEO 33 SSPTEUSER 1011 ANO PREPARED BY HAYNOR/SWANSOfi. INC 2, LAND IN NASHUA. SK. BOSTON AN3 MAIM RAILROAD TO .IOHNS-MANWLLE PROOUCTS CORPORATION. SCALE: l""40\ DATED: APRIL 19«! RECORDED PUN {701 CONSOLIDATION OE LAND, THE MAINE MAHilEACIURIHO CO . <4 ORiOSE STREET. NASHUA. NH, SCALE: r.40\ OAllO 0/20/77 ANO PREPARED AT D C. CALCERWQOO. RECORDED PLAN 110390.
NOTES: t. TOTAL AREA MAP ¿9 LOt 32 - 2.7CO ACRES HAP 40 LOI J7 - 0.799 ACRES 2 2CNINC DISTRICT: (Ol/Wu) CEKERAl iNOUSTRIAL/WlxiO USE OVERLAY OlSTRiCl J, LOT NUV3ERS REfER TO THE CITY OT NASHUA ASSESSORS MAP J9 AHO MAP 40. * PURPOSE Cf PLAN: 10 DEPICT A paCPOSEO BUS POLL OFf AMD SHELTER EASEUCNl. A PROPOSED MAINTENANCE ACfltEMEHt AH3 A TEMPORARY CONSTRUCTS EASEMENT ANO USE EASEMENT ACREEUENT OH SANDERS STREET.
5. OBfjFpS- MAP 33 LOT 32 CITY OF NASHUA 229 MAIN STREET NASHUA. NH C0 BK:576S PC: 1826 MAP 40 LOT 37 CITY Or HASHUA 233 MAIN STREET NASHUA, 03060 BH:57i8 PC; 1032
ohanir 4i0 aio ' 210 n SCALE
RENAISSANCE AT NASHUA, LUC CITV OF NASHUA, STAT/E OF HEW HAMPSHIRE
REV 0A1S DESCRIPTOR BY
McFarland Johnson SCALE l"-40' DESIGN: BEP 55 REGIONAL DRIVE ORASÏN: MJT PRQJSCT 1W56.00 CONCORD, KEVI HAMPSHIRE. 03301 CHECKED- BSC 3ATE. MAY J. 2021 LEGISLATIVE YEAR 2021
RESOLUTION: R-21-139
PURPOSE: Authorizing the Bus Pull Off and Shelter Easement on Bridge Street and Temporary Construction Easement and Use Easement Agreement
ENDORSERS: Alderman Jan Schmidt
COMMITTEE Committee on Infrastructure ASSIGNMENT: Nashua Planning Board
FISCAL NOTE:
ANALYSIS This resolution authorizes the Bus Pull Off and Shelter Easement on Bridge Street and Temporary Construction Easement and Use Easement Agreement at Sanders Street.
Charter §77 provides that the Planning Board "shall review and make recommendations to the mayor and board of aldermen on all locations for proposed municipal building and facilities, including educational, [and] on the purchase and sale of any land by the city."
Approved as to form: Office of Corporation Counsel
By:
Date: ^o ^ \ R-21-140
RESOLUTION
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE TOWN OF MERRIMACK FOR TRANSIT SERVICES
CITY OF NASHUA
In the Year Two Thousand and Twenty One
RESOLVED by the Board of Alderman of the City of Nashua that the City is authorized to enter into a contract substantially in the attached form with the Town of Merrimack for transit services for the period of July 2021through June 30, 2022. City of Nashua, New Hampshire Nashua Transit System and Town of Merrimack, New Hampshire AGREEMENT FOR TRANSPORTATION SERVICES July 1, 2021 through June 30, 2022
This agreement is made and entered into by and between the City of Nashua, Nashua Transit System (NTS), ("Provider'); and the Town of Merrimack, New Hampshire, ('Town");
1. PERIOD
The period of performance of this agreement shall begin on July 1,2021 and shall terminate automatically on June 30, 2022.
2. UNDERSTANDING OF THE WORK
The Provider understands that the Town is seeking demand response transportation services for eligible citizens, including disabled citizens and senior citizens to and from locations in Hudson,Nashua, and Merrimack, and their home. This service is principally used to gain access to adult day care, non-emergency medical appointments, groceries, pharmacies and employment. Service will be available Monday through Friday, and excluding Holidays as defined by the Provider (days service is available are the "Service Days"). The hours of operation for service shall be Monday through Friday 8 AM to 5PM including travel time to/from the Nashua garage.
3. RIDER ELIGIBILITY
A 'Qualified Rider" shall mean any person residing in the Town who has submitted a completed application for demand response services in compliance with FTA 5307 funding requirements. Individuals permanently residing in long-term care facilities (i.e. nursing homes) are,however, excluded from being a "Qualified Rider."
Qualified Rider applications will be emailed or otherwise delivered to the requesting Town citizen by the Provider, the Town, or private medical offices or hospice centers. Completed applications shall be emailed or delivered in hardcopy to a designated person at the Provider.
4. PROVIDER'S RESPONSIBILITIES
A. The Provider shall provide shared ride service to Qualified Riders that is scheduled daily on Service Days as efficiently as possible based on demand for pick-ups and drop-offs.
B. The Provider shall notify the Town as soon as possible of emergencies that may interruptthe transportation schedule.
C. The Provider will make every effort to process completed applications expeditiously butthe processing may take up to 1 Obusiness days. D. It is the Provider's responsibility to enter the Qualified Rider information from the application into the system for the scheduling of services.
E. The Provider reserves the right at its sole discretion to refuse or suspend transportation to any Qualified Rider or person.
F. The Provider shall be responsible for safe transportation of Qualified Riders. Qualified Riders will be provided curb-to-curb service as required by the American with Disabilities Act ("ADA").
I. Qualified Riders who require door-to-door service shall be provided door- to-door service, however, they must specify when booking their trip that they will need the additional service/help to and from the vehicle. II. The driver CANNOT do the following: a. Help with excessive packages (2 bag limit, no large packages). b. Go beyond the doorway into a building to assist Qualified Riders. c. For lengthy periods of time, leave their vehicles unattended. d. Lose the ability to keep their vehicles under visual observation. e. Take action that would clearly be unsafe.
G. The Provider shall provide reasonable financial and operational data to the Town with respect to all transportation services subject to this Agreement, as requested from time to time.
H. In performing hereunder, the Provider shall comply with all applicable laws, ordinances, regulations and codes of the federal, state and local governments.
I. Interruption of Service/Non-Performance: The Provider shall not be in default of any provisions of this Agreement for failure to perform where such failure is due to strikes, walk-outs, civil insurrections or disorders, order of civil authorities, shortages of motor fuel or equipment, significant funding reductions, acts of God, or for any other cause or causes beyond the control of the Provider.
RESERVATIONS
Reservations must be made two (2) business days in advance by the Qualified Rider and can be made Monday through Friday, from 8 AM to 5PM. Requests must be submitted by end of business on Thursday for rides scheduled on the following Monday. Business days do not include weekends or Holidays.
Disabled riders receive top priority in scheduling. Senior citizens receive the next priority in scheduling. When scheduling conflicts arise, The Provider will work to ensure rides are prioritized by those living with a disability and then senior citizens over rides reserved by non-senior, non-disabled citizens. The Merrimack van cannot be back to Nashua for any appointments prior to 10:00 am. All rides may be scheduled up to 2 weeks in advance. There is a 30 minute pick-up window, which riders will be given upon scheduling a trip. 4 The 30-minute pick-up window is included in the total travel time. All reservation pick-up windows are subject to change depending on the daily demand. If changes are required, all passengers will be notified by 5pm the day before the demand response service is requested, unless there are weather or emergency related changes necessitating a shorter time-frame,
Total Travel Time is the beginning of the 3 0 minute pick-up window to the appointment time.
Riders need to be ready and prompt as drivers are only allowed to wait 5 minutes for a passenger to board the van. All riders may be dropped off within the beginning of the window or the end of the total travel time (Rider should ensure that their destination will be open during the allotted travel time frame.)
Qualified Riders cannot make same day changes to their reservations (i.e. Pick-up/Drop- off locations, scheduled times, etc.).
6- SPECIAL CONDITIONS
A. The Provider reserves the right to deny service and/or require personal care attendants for any clients whom the Provider feels may be a risk to themselves, other passengers or the driver.
B. The Provider will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day
7. COMPENSATION
A. The Town agrees to pay the Provider $44.04 per hour for Demand Response service. This service will cost the Town half of the actual cost of service per hour, due to the 50% federal subsidy and passenger farebox payments. At a projected average of hours of service per day, the Town has agreed to a total of up to 1155 hours of service, with an estimated Farebox Revenue of $12,000 for a total billable cost of $38,866. (see table below).
Merrimack Cost Projected Hours Annual Cost Estimated Cost for FY22 | per Hour of Service Farebox $ 44.04 1155 $ 50,866 $ 12,000 $ 38,866 j
B. The Qualified Rider will pay the following passenger farebox rates per one- way ride:
One-Way Farebox Destination Rates Nashua Hudson Merrimack Merrimack Origin $4.00 $6.00 $2.00 Ride C. The Provider shall invoice the Town for transportation services at the rate specified in this agreement on an annual basis. The Town shall reimburse the Provider at the agreed rate upon invoice and not to exceed 30 days. Checks shall be made payable to: Nashua Transit System.
D. At the time that the Town expends 80% of Service Hours, the Provider will issue a letter to the Town stating it has reached the 80% point and has 20% or 231 service hours remaining on the contract. If the Town and Provider agree that the remaining service hours in the contract will not be sufficient, the Town has the option to pay the Provider for additional service hours at the same rates as described herein. If the Town expends service hours and chooses not to pay for additional services hours, the Provider will curtail services once a total of service hours has been reached. In the event all service hours are not used at the termination of this Agreement, the Provider shall keep all payments from Town and the Town is not entitled to any refund.
8. RELATIONSHIP
The Provider is an independent contractor and no employee-em pi oyer relationship exists between the Provider and the Town. Drivers and employees of the Provider are not subject to the control or supervision of the Town.
9. INDEMNITY
To the extent of its liability insurance coverage, the Provider agrees to indemnify the Town from any and all personal injury and property damage claims which may result from the Provider's negligent operation of its motor vehicles. The Provider shall provide the Town proof of insurance upon request.
10. TITLE VI ASSURANCES The parties hereby agree that as a condition of this Agreement, they will comply with Title VI of the Civil Rights Act of 1964, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, to the end that no person in the United States shall, on the grounds of race, color sex or national origin be subjected to discrimination under any program or activity that receives federal assistance from the Department of Transportation, including the Federal Transit Administration.
11. CIVIL RIGHTS
The parties agree that as a condition of this Agreement they will each comply with all applicable civil rights laws and regulations, in accordance with applicable Federal directives, except to the extent that the Federal government determines otherwise in writing, as such civil rights laws and regulations may be amended from time to time.
6 12. EARLY TERMINATION
This agreement may be terminated at any time with the mutual consent of the Provider and the Town, and it may be terminated unilaterally by either party upon thirty (30) days written notice to the other.
13. AMENDMENTS
This agreement may be amended or modified anytime with the mutual consent of the Provider and the Town. Amendments shall be in writing and in an instrument of equal dignity with this agreement.
14. COMMUNICATIONS
The mailing address of the Provider is: Nashua Transit System 11 Riverside St, Nashua NH, 03062
and its telephone number is: (603)880-0100
The contact person is: Camille Pattison, Transportation Administrator
The mailing address of the Town is: Town of Merrimack 6 Baboosic Lake Rd. Merrimack NH 03054-0940
and its telephone number is: (603) 424- 7075
The contact person for the Town is: Paul Micali -Assistant Town Manager / Finance Director
15. CHOICE OF LAW
This Agreement shall be interpreted and enforced in accordance with the laws of the State of New Hampshire, excluding any choice of law or conflicts of law rules that would result in the application of the laws of a different jurisdiction. Any claim or action brought relating to this agreement, the work performed or contracted to be performed thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court - Nashua and not elsewhere.
7 16. NO DAMAGES FOR DELAY
No payment, compensation, or adjustment of any kind shall be made to Agency for damages because of hindrances or delays in the performance of Provider under this Agreement from any cause.
17. ASSIGNMENT, TRANSFER, DELEGATION. OR SUBCONTRACTING
Agency and provider shall not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this agreement without the prior written consent of the other party. Any such assignment, transfer, delegation, or subcontracting without the prior written consent of the other party is void. Consent shall not be unreasonably withheld. Consent to any assignment, transfer, delegation, or subcontracting shall only apply to the incidents expressed and provided for in the written consent and shall not be deemed to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate all terms and conditions set forth in this agreement, including any incorporated exhibits and written amendments or modifications. Subject to the foregoing provisions, the contract inures to the benefit of, and is binding upon, the successors and assigns of the parties.
18. ENTIRE AGREEMENT
These terms of this agreement constitute the entire agreement between the Provider and the Town, and there are no contemporaneous oral agreements contrary hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers, duly authorized, on the dates signed below.
PROVIDER: City of Nashua - Nashua Transit
James Donchess, Mayor Witness
DATE
Hampshire
Tìnti • T. H\c&l\ t Â^l-Toiori Hauler DATEE W/V/ZOZ/'
6 LEGISLATIVE YEAR 2021
RESOLUTION: R-21-140
PURPOSE: Authorizing the City of Nashua to enter into a contract with the Town of Merrimack for transit services.
SPONSOR(S): Mayor Jim Donchess
COMMITTEE Finance Committee ASSIGNMENT:
FISCAL NOTE: This revenue contract provides local matching funds to the transit operating grant.
ANALYSIS
This resolution authorizes the City of Nashua to enter into a contract with the Town of Merrimack for transit services for the period of July 1, 2021through June 30, 2022.
Approved as to form: Office of Corporation Counsel
By: _
Date: — S \ R-21-141
RESOLUTION
AUTHORIZING THE EXPENDITURE OF UP TO $24,500 FROM THE CONSERVATION FUND FOR WORK ON THE SALMON BROOK TRAIL
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 expend up to $24,500 from the Nashua Conservation Fund (Fund #4080) for work on the Salmon Brook trail. Up to $21,000 will be used to define and improve the Salmon Brook Trail section between Ingalls Street and Burke Street within the Joyce Park Wildlife Sanctuary via contracted services with the Student Conservation Association (SCA), and up to $3,500 will be used for materials and equipment rental for the project. LEGISLATIVE YEAR 2021
RESOLUTION: R-21-141
PURPOSE: Authorizing the expenditure of up to $24,500 from the Conservation Fund for work on the Salmon Brook Tra IJ
SPONSOR(S): Alderman Ernest A. Jette
COMMITTEE ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Fiscal impaci is the expenditure of up to 524,500. The curre.ru balance of the Conservation Fund (Fund -40SO) is 51,620,961.
ANALYSIS
This resolution would authorize the City to expend up to 524,500 from the Nashua Conservation Fund for work on the Salmon Brook Tr^il as described in the legislation. The Conservation Commission approved these expenditures.
NRO §5-118 provides that monies in the Conservation Fund may be expended by the Conservation Commission in accordance with applicable law and ordinances, subject to the approval of the Board of Aldermen. RSA Chapter 3 6-A provides that money may be expended from the Conservation Fund consistent Vvith the purposes found in chat chapter. v,h:ch broaelv includes 4'the proper utilization and protection of the natural resources" of the Cit>.
Approved as to account Financial Services Division structure, numbers, and amount: By: A;/John Griffiii
Approved as to form: Office of Corporation Counsel R-21-142
RESOLUTION
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
CITY OF NASHUA
In the Year Two Thousand and Twenty One
RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2022 Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the several accounts and for other needs of the City of Nashua General Fund for the fiscal year beginning July 1, 2021, and ending June 30, 2022, and for the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as amended, each item of this budget shall be considered as a separate appropriation. The proposed General Fund appropriation amount is $290,366,852 with estimated General Fund Revenues of $64,979,022 including estimated state funding for education in the amount of $32,839,691.
That the Fiscal Year 2022 Proposed Budget for the Enterprise Funds of the City of Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year beginning July 1, 2021 and ending June 30, 2022, and the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as amended, each item of this budget shall be considered as separate appropriation. The proposed Enterprise Funds appropriation amount is $38,344,285 (inclusive of anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of $33,155,377 and any additional funding for capital and CSO-related expenditures from retained earnings, bonding and/or State Revolving Fund Loans.
That the Fiscal Year 2022 Proposed Budget for the Special Revenue Funds of the City of Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal year beginning July 1, 2021 and ending June 30, 2022. The proposed Special Funds appropriation amount is $18,570,313 with estimated Special Revenue Funds Revenues of $18,570,313. RESOLUTION R-21-142
Neither the approval and adoption of this budget, or any appropriation contained herein, or to any City department or agency, including the Nashua School District, whether as proposed or amended, shall be deemed to mean that the City has approved any program or responsibility for funding in accordance with Part 1, Article 28-a of the Constitution of the State of New Hampshire. Notwithstanding any appropriation herein, the city hereby expressly declines to approve funding for any program or responsibility for which it is entitled by law to payment from the State of New Hampshire pursuant to Part 1, Article 28-a of the State Constitution, whether it has previously been determined that the City is entitled to said funding or not. LEGISLATIVE YEAR 2021
RESOLUTION: R-21-142
PURPOSE: Relative to the adoption of the Fiscal Year 2022 proposed budget for the City of Nashua general, enterprise, and special revenue funds
SPONSORS: Mayor Jim Donchess
COMMITTEE ASSIGNMENT: Budget Review Committee
FISCAL NOTE: The tax rate cannot be determined at this time, however estimates will be provided. The entire budget is a comprehensive package and each component impacts the tax rate.
ANALYSIS
This resolution adopts the Fiscal Year 2022 Budget for the City's general, enterprise, and special revenue funds. For the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as amended, each item of this budget shall be considered as a separate appropriation.
A public hearing on the budget shall be held before its adoption by the board of aldermen with at least seven days' notice. Nashua City Charter § 56-a; NRO § 5-8.
Nashua City Charter § 56-b provides that the board of aldermen may reduce any item in the mayor's budget by a majority vote, but an increase or addition requires a vote of two-thirds of the members of the board. Court decisions concerning Nashua's Charter suggest that a court may find that this provision, when applied to the budget resolution itself, is inconsistent with state statutes and therefore unenforceable. See memorandum of Corporation Counsel dated March 8,2018.
The budget shall be finally adopted not later than August 1, 2021. Nashua City Charter § 56-b.
Approved as to content, Financial Services Division account structure, numbers, and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel R-21-143
RESOLUTION
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49- B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be submitted to the voters by placing it on the ballot at the next regular municipal election on November 2, 2021, in the manner required by NH RSA 49-B with the following question and summary:
Shall the municipality approve the charter amendment summarized below?
SUMMARY
This amendment would provide for appointment of Board of Police Commissioners by the Mayor and the President of the Board of Aldermen upon approval of the Board of Aldermen. Appointments shall be based upon qualifications, merit and record of community service and should be balanced so that the membership of the Commission reflects the citizenship of the City. Members of the immediate family of and residents of the same household with the Mayor and any Alderman would be ineligible.
The Nashua City Charter shall be amended by deletion of the current sections A-101 through A- 102 and A-141 through A-146 and by addition of the following new A-100 through A-102:
§ A-100. Appointments Based Upon Qualifications, Merit, and/or History of Community Involvement The Board of Police Commissioners of the City of Nashua shall consist of five (5) members. Appointments will be based upon qualifications, merit and record of community service. The Mayor and the President of the Board of Aldermen should use their best efforts to balance the membership of the Commission to reflect the citizenship of the City. In no event shall a member of the immediate family or a resident of the household with the Mayor or any Alderman be eligible for appointment. RESOLUTION R-21-143
§ A-101. Appointment of commissioners The Mayor shall, with the advice and approval of the Board of Aldermen, appoint three (3) persons to the Board of Police Commissioners, each holding office for a three (3) year term, or until his or her successor is duly appointed and qualified. The President of the Board of Aldermen shall with the advice and approval of the Board of Aldermen appoint two (2) persons to the Board of Police Commissioners, each holding office for a three (3) year term, or until her or his successor is duly appointed and qualified. Notwithstanding the foregoing any person holding office as a commissioner under the appointment of the governor and council under the authority of Laws 1913, chapter 148, at the date of the passage of this section shall continue in office as such commissioner until the expiration of his or her said term of office. The first, third, and fifth appointments following such term expirations shall be by the Mayor and the second and fourth by the President of the Board of Aldermen and shall be staggered such that the term of one or of two commissioners shall expire each year. Thereafter any vacancy from any cause shall be filled by the original appointing authority with approval of the Board of Aldermen for the remainder of the term or for a new term as is applicable. Each said commissioner shall have been a resident of the City of Nashua when appointed for at least five years immediately preceding the date of her or his appointment and shall remain a resident during said term. The Mayor or the President of the Board of Aldermen shall, annually, on or before the first day of August thereafter, with the advice and approval of the Board of Aldermen, appoint one or two commissioners, who shall succeed the ones whose term expires and who shall serve for three (3) years from September first unless sooner removed as (hereinafter) provided. Not more than three commissioners shall be of the same political party.
§ A-102. Removal of commissioners The Mayor or President of the Board of Aldermen with the advice and approval of the Board of Aldermen shall have full power to remove any commissioner which he or she or her or his predecessor has appointed. LEGISLATIVE YEAR 2021
RESOLUTION: R-21-143
PURPOSE: Proposing an amendment to the City Charter relative to the manner of appointment of the Nashua Police Commission.
SPONSORS: Mayor Jim Donchess Alderman Thomas Lopez Alderman Brandon M. Laws Alderwomen Shoshanna Kelly Alderwoman Patricia Klee Alderwoman Jan Schmidt
COMMITTEE ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: The City Clerk estimates the cost associated with a charter amendment as approximately $200 during a regular municipal election.
ANALYSIS
This Resolution would submit to the voters a proposed amendment to the City Charter providing for appointment of police commissioners by the mayor and the president of the board of aldermen with the approval of the board of aldermen.
The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must hold an initial vote to determine if the amendment is "necessary". If the amendment is determined to be necessary, the Board of Aldermen must order that notice be given for a public hearing on the amendment. Notice of the public hearing must be published in a newspaper of general circulation at least seven (7) days prior to the scheduled hearing. The notice must contain the text of the proposed amendment and a brief explanation.
Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk files a certified copy of the report to the secretary of state, the attorney general, and the commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within seven (7) days after receiving approval from the secretary of state, the attorney general, and the commissioner of the department of revenue administration, the Board of Aldermen may vote to order the proposed amendment to be placed on a ballot at the next regular municipal election. Approved as to form: Office of^/orporation CmyjsgJ
By: ^jMfi^S^J'
Date: May 6,2021 R-21-144
RESOLUTION
AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT "L" PINE STREET (MAP 77, LOT 5)
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 hereby authorized to purchase property located at "L" Pine Street (Tax Map 77, Lot 5) from Nashua Millyard Associates, Inc. on terms and conditions in substantially similar to the attached Purchase and Sale Agreement. The purchase price of said land and buildings shall be three hundred twenty five thousand dollars ($325,000).
FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor, with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute all necessary documents and take all necessary actions contemplated by the above described Purchase and Sale or required to effectuate the same. REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of this day of , 2021, by and between Nashua Millyard Associates Inc., having a mailing address of 22 Kehoe Avenue, Nashua, New Hampshire ("Seller") and The City of Nashua, a New Hampshire municipal corporation, having an address of 229 Main Street, Nashua, New Hampshire 03060, ("Buyer").
1. PURCHASE AND SALE. Seller agrees to sell and convey, and Buyer agrees to buy, on the terms and conditions hereinafter set forth, a parcel of land with all the improvements thereon, located in Nashua, Hillsborough County, New Hampshire, known as or described as Lot 77-5 of the City of Nashua Tax Maps, having an address of L Pine Street, Nashua, New Hampshire, being the property described in a deed recorded in the Hillsborough County Registry of Deeds, Book 3769, Page 97 ("Premises").
2. PURCHASE PRICE. Subject to any adjustments and prorations hereinafter described, Buyer agrees to pay for the Premises the sum of Three Hundred Twenty-Five Thousand and 00/100 Dollars ($325,000.00) ("Purchase Price"). There is no deposit.
3. TITLE. Seller shall convey the Premises to the Buyer at the Closing in fee simple with good, insurable, and marketable title by Quitclaim Deed, free and clear of all liens and encumbrances, except as set forth in the deed or matters of record, and except for: a), a certain lease regarding radio antennas and tower with the Tenant known as Absolute Broadcasting LLC (the "Radio Tower Lease"); and b). a proposed easement from Seller to Public service of New Hampshire, to be recorded soon (the "PSNH Easement"); and c). a certain Option to Purchase Property (the "Option") attached hereto and incorporated herein by reference. Seller shall convey the Premises to the Buyer subject to the terms and conditions of the Option. The Buyer shall accept title to the Premises subject to the Option and, upon closing and transfer of title, Buyer shall assume and perform all obligations of the "Seller" under the Option. The above listed items are and shall be Permitted Exceptions under Section 5 below.
Parties shall also deliver such additional documents as may be required under this Agreement or as may be reasonably required by their respective counsel or the title insurance companies insuring the transaction, including but not limited to, assignments, affidavits, leases, documents, and certificates
4. CLOSING. The closing shall occur on or before June 30, 2021, at a time and location mutually agreed to by the parties.
5. INSPECTION AND DUE DILIGENCE PERIOD. The obligations of Buyer to consummate the transaction contemplated by this Agreement are expressly conditioned on the satisfaction of each of the following conditions and, if any such condition is not satisfied as hereafter provided, Buyer will be entitled to either: (a) waive the same in writing; or (b) terminate this Agreement. On such termination the Buyer and Seller will be released from further performance hereunder.
A. Title Examination/Survey. 1. If Buyer desires an examination of title or survey of the Premises, it shall pay the cost thereof 2. The Buyer shall report to the Seller the results of any such survey or examination of title within thirty (30) days of the acceptance of this Agreement by the Seller and in such report (the "Title Report") identify any survey issues, defects in title, encumbrances or other matters which would render title unmarketable (collectively the "Objections") and (ii) any mortgages, liens or other financial encumbrances ("Financial Encumbrances"). In the Title Report, the Buyer shall also identify those matters of title to which the Buyer has no objection (the "Permitted Encumbrances"). If the Buyer does not provide a Title Report within the time period set forth above, this contingency shall be deemed waived by the Buyer. 3. The Seller, at its election, may attempt to remove or correct the Objections in or within thirty (30) days of receipt of the Title Report. With respect to the Financial Encumbrances, they shall be paid in full from the funds due Seller at the closing. 4. During the pendency of this Agreement, the Seller shall not (i) enter into any tenancy agreement, lease, occupancy agreement or other agreement concerning the possession or use of the Premises with any third parties; (ii) grant any easements, establish any covenants, nor suffer, permit or grant any encumbrances (including mortgages, liens or attachments); or (iii) grant, transfer, assign, convey, pledge, mortgage or otherwise hypothecate any interest in the Premises, or suffer the same to occur. In the event that an involuntary attachment is placed against the Premises, then the Seller shall have up to thirty (30) days to cause a release or discharge of such attachment to be duly issued or ordered and recorded. 5. In the event the Seller is unable or unwilling to remove the Objections within the thirty (30) day period specified in subparagraph (c) above, then, at the Buyer's election, (i) this Agreement shall terminate and neither party having any further obligations to or rights against the other under this Agreement; or (ii) the Buyer may elect to complete the Closing and accept such title to the Premises as the Seller may convey, with a reasonable diminution in the Purchase Price. In the event that an encumbrance or a matter akin to an Objection against the Premises after the effective date of the Title Report and before the Closing, then the Seller shall undertake to remove such encumbrance or matter prior to the Closing to enable the SELLER to convey the Premises as contemplated in Section 3 above. 6. Notwithstanding the aforestated, The Option, the PSNH easement, and the Radio Tower Lease are and shall be deemed Permitted Exceptions.
B. Due Diligence. Buyer shall have forty-five (45) days from the execution of this Agreement (the "Due Diligence Period") to undertake at its sole cost and expense, at its sole option, any of the following: (i) an Environmental Phase I Report; (ii) an Environmental Phase II Report (if deemed prudent as a result of the Environmental Phase I); (iii) cost estimates to address any environmental issues; (iv) test pits and borings; (v) wetlands studies; (vi) Zoning/Planning review with the City of Nashua; and (vii) investigation into any other issues relevant to Buyer's decision to the purchase of the Premises. If Buyer shall discover or determine prior to the expiration of the Due Diligence Period that it is not satisfied in any way with the status of the Premises or the results of any of its due diligence or inspections, Buyer shall have right to terminate this Agreement and have any Deposit refunded forthwith, and all the parties shall thereafter be released from any further obligations hereunder.
6. POSSESSION OF THE PREMISES AND RISK OF LOSS. The Premises shall be delivered to the Buyer at the time of the closing free of Nashua Millyard Associates personal property, and encumbrances. The risk of loss or damage to the Premises, by fire or other casualty, or condemnation, prior to the Closing Date is assumed by Seller. If all or a portion of the Premises should be destroyed or damaged by fire, other casualty, or taken by eminent domain, Buyer may, at its option, terminate this Agreement by written notice delivered to the Seller at or prior to the closing, and both parties shall be discharged from all further obligations or Buyer may accept assignment of insurance or condemnation proceeds and proceed with purchasing the Premises.
7. FINANCING. This Agreement is not contingent upon the Buyer obtaining financing.
8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to Buyer that the following are true as of the date of this Agreement and will be true as of the Closing:
(a) The Premises are not the subject of any existing cease and desist orders, enforcement actions, or any federal, state of local code enforcement violations.
(b) Except as set forth in Section 3 above, there are no unrecorded outstanding pending or threatened liens, claims, rights of first refusal, licenses, or encumbrances against or affecting the Premises, which have not been disclosed to Buyer in this Agreement.
(c) There are no outstanding claims, losses or demands against Seller by any person, entity, or governmental unit respecting Seller's ownership, use, or occupancy of the Premises, which have not been disclosed to Buyer in this Agreement, including without limitation Mechanic's Liens.
(d) Seller has no knowledge of any boundary disputes or encroachments affecting the Premises.
(e) There is only one lease, the Radio Tower Lease, on a portion of the Premises with Absolute Broadcasting Inc.
(f) Seller has no knowledge of any pending or threatened litigation that may adversely affect the transfer of the Premises hereunder or materially affect the value of the Premises.
(g) Neither the whole nor any portion of the Premises has been condemned, requisitioned, or otherwise taken by any public authority and no notice of any such condemnation, requisition or taking has been received by the Seller and no such condemnation, requisition or taking is threatened.
(h) Seller has not knowingly released into the environment or discharged, placed or disposed of any hazardous materials, substances, or waste or knowingly caused the same to be released into the environment or discharged, placed or disposed of at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot represent to Buyer that there are no hazardous waste issues as a result of the current activities of other unit owners. To the best of Seller's knowledge, the Premises complies in all material respects with all applicable federal and state environmental laws and regulations. Seller has not received any written notice from any governmental authority or any written complaint from any third party with respect to its alleged non-compliance with, or potential liability under, any environmental laws and regulations.
(i) Except as set forth in Section 3 above, there are no rights of first refusal or options to purchase associated with the Premises.
(j) Seller has authority to enter into this Agreement and will provide necessary authority documents at the Closing.
These representations shall survive the Closing.
Other than the representations contained above and the proposed Quitclaim Deed, Seller makes no representation or warranty as to fitness, merchantability, condition or use of the Premises for any particular purpose as the Premises is sold "AS-IS".
9. DEFAULT AND REMEDIES. In the event that Buyer defaults in the performance of its obligations hereunder, Seller shall be entitled to retain any Deposit as reasonable liquidated damages.
10. ACCESS TO THE PREMISES. The Seller hereby grants to the Buyer, its agents and independent contractors, access to the Premises to undertake such activities as may be necessary for the Buyer to exercise its rights this Agreement. The Buyer shall restore any portion of the Premises disturbed by the Buyer in connection with such activities. Buyer, its agents and independent contractors, shall use their best efforts to minimize the disturbances and impact on Seller during such activities and shall indemnify and hold harmless Seller from any damages resulting from such activities.
11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has dealt with any real estate broker, agent or salesperson in connection with this transaction. Each party agrees to defend, indemnify, and hold the other harmless from any claims, costs, judgments, or liabilities of any kind advanced by persons claiming real estate brokerage fees through the indemnified party. The indemnities set forth in this Section shall survive closing. 12. TOWER LEASE. Sellers retains and reserves the rights as Landlord of the Radio Tower Lease for a period of two years from the Closing. For the two year period, the Seller will retain possession of the leased premises and carry out the obligations of the Landlord, and the Seller shall receive all rents as set forth in the Radio Tower Lease. The parties will memorialize the agreement with execution of reasonable mutually acceptable document(s) at Closing.
13. ADJUSTMENTS. PRORATIONS AND CLOSING COSTS.
(a) Real Estate taxes, assessments, special assessments, rents, water bills, sewer, utilities and condominium association fees, shall be prorated as of the Closing, and the Selling price shall be adjusted accordingly.
(b) All recording fees for the deed of conveyance will be paid by the Buyer. Recording fees for any necessary discharges will be paid by the Seller from the closing proceeds.
(c) Seller and Buyer shall pay their own attorney's and, if applicable, broker fees.
(d) This transfer will be exempt from New Hampshire real estate transfer tax pursuant to NH RSA 78-B:2,1.
14. CONDEMNATION. In the event of the taking of all or any part of the Premises by eminent domain proceedings, or the commencement or bona fide threat of the commencement of any such proceedings, prior to Closing, Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller prior to Closing. If Buyer does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds to be paid or to become payable after Closing by reason of any taking. Seller shall notify Buyer of eminent domain proceedings within five (5) days after Seller learns thereof.
15. GENERAL PROVISIONS.
(a) Entire Agreement. All representations, statements, and agreements heretofore made between the parties are merged in this Agreement, which alone fully and completely expresses their respective obligations, and this Agreement is entered into by each party after opportunity for investigation, neither party relying on any statement or representation not embodied in this Agreement made by the other or on its behalf.
(b) Modification. This Agreement cannot be changed, amended, or modified in any way except by an instrument in writing, executed by the party or parties to be charged with the change, amendment, or modification.
(c) Notices and Requests. Any notice, request, instruction, or other document given or required to be given hereunder shall be in wilting, and shall be deemed given when hand-delivered or deposited in the mail by registered or certified mail, postage pre- paid, to the parties at the following address, or as at such other addresses as the parties by like manner shall notify each other from time to time:
TO SELLER: President Nashua Millyard Associates Inc. 22 Kehoe Avenue Nashua, NH 03060
With a Copy to: Thomas "Jay" Leonard Law Offices of Welts, White & Fontaine, P.C. 29 Factory Street Nashua, NH 03060
TO BUYER City of Nashua Economic Development Division Director 229 Main Street Nashua, NH 03061
With a copy to: Celia K. Leonard Deputy Corporation Counsel 229 Main Street Nashua, NH 03061
(d) Governing Law. This Agreement shall be interpreted under the laws of the State of New Hampshire. The captions used herein are for convenience only, are not a part of this Agreement, and shall not be used in construing it.
(e) Counterparts. For the convenience of the parties, this Agreement may be executed in several counterparts, which are in all respects identical and each of which shall be deemed to be complete in itself so that any one may be introduced in evidence or used for any other purpose without the production of the other counterparts.
(f) Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed at Closing, Seller and Buyer agree to perform such other acts and to execute and/or deliver such other instruments and documents as either Seller or Buyer, or their respective legal counsel, may reasonably require to effectuate the objectives of this Agreement.
[SIGNATURE PAGES FOLLOW] Seller Nashua Millard Associates Inc.
Name: Title:
Buyer City of Nashua
Name: James W. Donchess, Title: Mayor
OPTION TO PURCHASE PROPERTY
THIS AGREEMENT is among Nashua Millyard Associates, Inc., their successors and assigns (collectively, the "Seller") and Stephen Bonnette and Aaron Bagshaw, their successors and assigns (collectively, the "Buyer").
RECITALS
This Agreement is entered into upon the basis of the following facts and intentions of the parties:
A. Seller owns that certain real property described in Exhibit A hereto (the "Property").
B. Buyer desires to obtain an option to purchase the Property from Seller and Seller is willing to grant such an option to Buyer.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Option. As of the date hereof, the Seller grants to Buyer an exclusive option (the "Option") to purchase a portion of the Property ("Option Land" as hereinafter defined) from Seller upon all of the terms, covenants and conditions hereinafter set forth. This option may be recorded at the election of Buyer.
2. Consideration for the Option. As consideration for this Option, Buyer has delivered One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged by the Seller. The consideration paid to the Buyer for this option may be retained by the Seller without deduction or offset.
3. Term. The term of this Option shall commence upon execution by both parties and shall expire at 5:00 pm on the ninetieth day following closing the transaction called for in a a certain Real Estate Purchase and Sale Agreement entered into by and between Nashua Millyard Associates, Inc. and the City of Nashua dated April , 2021 (the "City of Nashua PSA"). In the event that the City of Nashua PSA does not close on or before July 31, 2021, this Option shall automatically terminate and neither parties shall have any further rights pursuant to this Option Agreement.
4. Purchase Price. The purchase price ("Purchase Price") which Buyer agrees to pay upon exercise of the Option is One Dollar Fifty-Seven cents ($ 1.57) per square foot payable in cash.
5. Conditions Precedent and Exercise. The Seller does hereby authorize the Buyer or Buyer's agents to enter the Property for purposes of preparing or causing a survey of the Property for purposes of defining the Option Land, preparing a subdivision plan, and making an application for subdivision approval. The Seller will cooperate in good faith to accomplish the subdivision, at no cost or expense to the Seller. The Buyer or Buyer's agents shall have the right, at its sole expense, to cause a survey or subdivision plan and a subdivision application to be prepared (the "Survey"). The Survey shall determine the metes and bounds of the Option Land. The Option Land may include all or a portion of the Property east of the easterly line of the proposed utility easement and south of Spine Road as shown and defined on plan entitled "Tax Map 77 Lot 5 & Tax Map E Lot 1487 Easement Plan Pine Street and 10 Whipple Street" Progress Print dated May 4, 2021 attached as Exhibit A. The Option Land shall become part of one or both of Lots 77-5 or 77-11 also indicated on the said plan. The subdivision plan shall meet the ordinary municipal rules and regulations regarding subdivision application and subdivision approvals before the City of Nashua NH land use boards. Prior to exercising this Option, the Buyer or Buyer's agents shall submit the subdivision plan and subdivision application for review and approval by the appropriate municipal land use boards. Upon approval, the subdivision plan and the metes and bounds descriptions of the Option Land evidenced by the subdivision plan shall be the "Option Land" subject to this Option. Once the subdivision is approved the Buyer may exercise this Option by giving Seller or Seller's successor written notice of his intention to exercise the Option. In the written notice, Buyer shall include a description of the Option Land as determined in this Section 5.
Upon providing notice to Seller or Seller's successor, Buyer may purchase and Seller or its successors shall sell the Option Land for the Purchase Price set forth in this Option Agreement. Closing of the option purchase shall occur on or before thirty (30) days following subdivision approval by the Nashua Planning Board, but in no event shall Closing be extended beyond the ninetieth (90lh) day following closing under the certain City of Nashua PSA.
6. Representations and Warranties of Seller. The Seller represents and warrants to the Buyer that:
(a) The Seller has full power and authority to execute and deliver this Agreement, and this Agreement is a valid and binding agreement enforceable against the Seller in accordance with its terms;
(b) Neither the execution of this Agreement nor the sale of the Property will constitute a violation of, or conflict with, or default under, any contract, commitment, agreement, understanding or arrangement to which the Seller is a party or by which Seller is bound or of any law, decree, or judgment;
(c) Seller has valid title to the Property, free and clear of all claims, liens, charges, encumbrances deeds of trust and security interests. Seller may transfer the Property to the City of Nashua, but any transfer will be subject to the Buyer's rights under this Option to Purchase Property.
7. Cooperation. Each party shall, upon request of the other party, promptly execute and deliver all additional documents reasonably deemed by the requesting party to be necessary, appropriate, or desirable to complete the subdivision and transfer called for pursuant to this Agreement. 8. Purchase and Sale. If Buyer exercises the Option at a closing, the Seller shall sell, transfer and deliver the Option Land to the Buyer, represented by appropriate quitclaim deed. The Buyer shall pay to the Seller the Purchase Price as set forth Section 4 above.
9. Survival. All representations, warranties and agreements made by the Seller and by the Buyer in this Agreement shall survive the execution of this Agreement and any Closing and any investigation at any time made by or on behalf of any party hereto.
10. Modification; Assignment. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by the parties hereto. Buyer may assign his rights under this Agreement with the consent of Seller.
11. Successors. This Agreement will be binding upon, inure to the benefit of and be enforceable by and against the parties hereto and their respective heirs, beneficiaries, executors, representatives and permitted assigns.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
13. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to its subject matter and supersedes all agreements, understanding, representations, or warranties, whether oral or written, by or among the parties, previously or contemporaneously made or given.
Balance of the pase intentionally left blank. IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the Buyer and each Seller as of the day and year first written below:
SELLER:
Dated: Nashua Millyard Associates, Inc.
By:
BUYER:
Dated: Stephen Bonnette
Aaron Bagshaw
STATE OF NEW HAMPSHIRE COUNTY OF HILLSBOROUGH
This instrument was acknowledged before me on April , 2021 by of Nashua Millyard Associates, Inc. on behalf of the corporation.
Notary Public My commission expires: Exhibit A
Description of Property
LEGISLATIVE YEAR 2021
RESOLUTION: R-21-144
PURPOSE: Authorizing the purchase of property located at "L" Pine Street (Map 77, Lot 5)
ENDORSERS: Mayor Jim Donchess Alderwoman Jan Schmidt
Planning and Economic Development Committee COMMITTEE Nashua Planning Board ASSIGNMENT:
FISCAL NOTE: Purchase price of three hundred twenty five thousand dollars ($325,000). The source of funds for this purchase will be from an expense transfer from the Broad Street Parkway Capital Project Fund.
ANALYSIS
This resolution authorizes the purchase of "L" Pine Street (Map 77, Lot 5).
Charter §77 provides that the Planning Board "shall review and make recommendations to the mayor and board of aldermen on all locations for proposed municipal building and facilities, including educational, [and] on the purchase and sale of any land by the city."
Approved as to account Financial Services Division structure, numbers and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel
By: /s/Celia K. Leonard
Date: May 6, 2021 R-21-145
RESOLUTION
AUTHORIZING THE INTERFUND TRANSFER OF $325,000 FROM THE BROAD STREET PARKWAY CAPITAL PROJECT ACTIVITY TO THE NASHUA MILL YARD DOG PARK CAPITAL PROJECT ACTIVITY FOR THE PURCHASE OF PROPERTY LOCATED AT "L" PINE STREET (MAP 77, LOT 5)
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
RESOLVED by the Board of Aldermen of the City of Nashua authorizes the interfund transfer of $325,000 from the Broad Street Parkway Capital Project Activity to the Nashua Millyard Dog Park Capitai Project Activity for the purchase of Property located a "L" Pine Street (Map 77, Lot 5. LEGISLATIVE YEAR 2021
RESOLUTION: R-21-145
PURPOSE: Authorizing the interfund transfer of $325,000 from the Broad Street Parkway Capital Project Activity to the Nashua Millyard Dog Park Capital Project Activity for the purchase of property located at "L" Pine Street (Map 77, Lot 5)
ENDORSERS: Mayor Jim Donchess
COMMITTEE ASSIGNMENT: Budget Review Committee
FISCAL NOTE: This resolution transfers $325,000 from one capital project activity to another capital project activity.
ANALYSIS
This resolution authorizes the Interfund Transfer of $325,000 from the Broad Street Parkway Capital Project Activity to the Nashua Millyard Dog Park Capital Project Activity for the purchase of Property located a "L" Pine Street (Map 77, Lot 5.
Approved as to account Financial Services Division structure, numbers and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel
By: /s/Celia K. Leonard
Date: May 6, 2021 0-21-062
ORDINANCE
ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 CROWN STREET
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
The City of Nashua ordains that Part II "General Legislation", Chapter 320 "Vehicles and Traffic", Article XII "Parking, Stopping and Standing", Section 320-72 "Handicapped parking" of the Nashua Revised Ordinances, as amended, be hereby further amended by adding the following new underlined language in the appropriate alphabetical order:
"§ 320-72. Handicapped parking.
A. The following parking spaces are designated as spaces for the handicapped:
Name of Street Number of Location Spaces/Type
Crown Street 1/parallel South side of Crown Street in front of 3 Crown Street"
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This ordinance shall become effective at the time of removal and/or installation of the necessary sign(s) and/or device(s). LEGISLATIVE YEAR 2021
ORDINANCE: 0-21-062
PURPOSE: Establishing a handicapped parking space in front of 3 Crown Street
ENDORSER(S): Alderman June Caron
COMMITTEE Committee on Infrastructure ASSIGNMENT:
FISCAL NOTE: Materials, Labor and Vehicle Overhead: S146.00
ANALYSIS
This legislation establishes one handicapped parking space in front of 3 Crown Street.
Pursuant to NRO §320-72, the handicapped parking space will need to be measured and properly marked.
Approved as to form: Office of Corporation Counsel
By: CgjUjJtl^
Date:. 5 0-21-063
ORDINANCE
ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF NEWTON DRIVE
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
The City of Nashua ordains that Part II "General Legislation", Chapter 320 "Vehicles and Traffic", Article XII "Parking, Stopping and Standing", Section 320-62 "No parking between signs where indicated" of the Nashua Revised Ordinances, as amended, be hereby further amended by adding the following new underlined language in alphabetical order:
"§ 320-62. No parking between signs where indicated.
B. The following shall be "No Parking Between Signs" areas:
Name of Street Side Location
Newton Drive South Beginning at a point 235 feet east of Coliseum Avenue extending easterly 20 feet"
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This ordinance shall become effective at the time of removal and/or installation of the necessary sign(s) and/or device(s). LEGISLATIVE YEAR 2021
ORDINANCE: 0-21-063
PURPOSE: Establishing a no parking zone on the south side of Newton Drive
ENDORSER(S): Alderman Jan Schmidt
COMMITTEE „ . ASSIGNMENT: Conmnttee on Infrastructure
FISCAL NOTE: Materials, Labor and Vehicle Overhead: $292.00
ANALYSIS
This legislation prohibits parking in front of the sewerage pump station building on the south side of Newton Drive.
Approved as to form: Office of Corporation Counsel
By: M^l^O ÛtuJtJL
Date: 5 [UftM. ^qM