Aldermen, Board of
Regular MeetingNashua, NH · December 23, 2014
Minutes
A regular meeting of the Board of Aldermen was held Tuesday, December 23, 2014, at 7:31 p.m. in the
Aldermanic Chamber.
President David W. Deane presided; Deputy City Clerk Patricia Piecuch recorded.
Prayer was offered by Deputy City Clerk Patricia Piecuch; Alderman McGuinness led in the Pledge to the
Flag.
The roll call was taken with 14 members of the Board of Aldermen present; Alderman Soucy was recorded
absent.
Mayor Donnalee Lozeau and Corporation Counsel Stephen M. Bennett were also in attendance.
REMARKS BY THE MAYOR
I would begin tonight by thanking our wonderful group of volunteers willing to serve the city. We had a
great meeting last night at Personnel and I think we have a great group coming in joining others that are
already serving.
I would also point out that on your desks this evening I put a communication updated people on the
Jackson Falls Dam and what I would consider future opportunities with the two dams that we have in the
city. It’s rather lengthy but I am hoping that you accept it as a communication tonight and you will see that
we will be talking about it again soon.
The City Clerk also made me aware that it is his intention to conduct the recount on the Charter
Amendment on Saturday, January 10th, details to follow. He is very organized and already has a plan as to
how he wants to carry that out and I’ll let him share that with you when the time comes but I thought you
might want to be aware of the date.
I also wanted to share – if you could hold some time on Monday, January 12, 2015; at 7:00pm, I have a
group coming in to do a presentation on the New Hampshire Retirement System. I would like to include
our boards and commissions to give you an update on how the system works and the current state of
things with the court cases and other things. I think it’s a great opportunity for us to have a discussion
around that very complex topic.
I want to take a moment to send my sympathies out to the family of Lenny Dobbins. Many of you knew
Lenny and he was what I would call one of more colorful characters in our community. He was generous
and kind and always had a smile with a good laugh. Some of us are thankful that he put down his camera.
Lenny really cared about our city and made it a better place.
So many people have lost loved ones this year or have loved ones serving overseas so they are not as
blessed as some of us who can spend our time with our family that is close. I wanted to take this
opportunity to wish people in our community a Happy Hanukah and for those of you like my family who
celebrate Christmas, a Merry Christmas and I hope the New Year brings everything that everybody hopes
it will bring and I wish you joy and peace through the season.
RESPONSE TO REMARKS OF THE MAYOR
There were none.
Bd. of Aldermen – 12/23/14 Page 2
RECOGNITION PERIOD
R-14-096
Endorsers: Mayor Donnalee Lozeau
Board of Aldermen
CONGRATULATING THE NASHUA ELKS CRUSADERS GRADE 6 FOOTBALL
TEAM ON THEIR SUCCESSFUL SEASON AND STATE DIVISION CHAMPIONSHIP
Given its first reading;
MOTION BY ALDERMAN DOWD THAT THE RULES BE SO FAR SUSPENDED
AS TO ALLOW FOR THE SECOND READING OF R-14-096
MOTION CARRIED
Resolution R-14-096 given its second reading;
MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-14-096
MOTION CARRIED
Resolution R-14-096 declared duly adopted.
READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARINGS
MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING
OF DECEMBER 9, 2014, AND THE PUBLIC HEARINGS CONDUCTED BY THE COMMITTEE ON
INFRASTRUCTURE ON DECEMBER 10, 2014, BE ACCEPTED, PLACED ON FILE AND THE READINGS
BE SUSPENDED
MOTION CARRIED
COMMUNICATIONS
MOTION BY DONCHESS THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED
From: Nashua TS Lodging, LLC and 110 Grill Two, LLC
Re: Request for Installation of Directional Signage in City Street Rights-of-Way
Chapter 320, Vehicles and Traffic, Section 320-9
MOTION BY ALDERMAN DONCHESS TO ACCEPT, PLACE ON FILE, REFER TO THE COMMITTEE
ON INFRASTRUCTURE AND THE DIVISION OF PUBLIC WORKS AND THAT THE APPLICANT BE
INVITED TO ATTEND THE COMMITTEE ON INFRASTRUCTURE MEETING ON WEDNESDAY,
JANUARY 14, 2015, AT 7:00 PM IN THE ALDERMANIC CHAMBER
MOTION CARRIED
From: Mayor Donnalee Lozeau
Re: Credit Card Processing Fees for Parking Pay Stations
MOTION BY ALDERWOMAN BROWN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO HEARTLAND PAYMENT SYSTEMS IN AN APPROXIMATE ANNUAL AMOUNT OF $10,000
MOTION CARRIED
Bd. of Aldermen – 12/23/14 Page 3
From: Mayor Donnalee Lozeau
Re: HDC Appointment, Robert Vorbach
MOTION BY ALDERMAN CHASSE TO ACCEPT AND PLACE ON FILE
MOTION CARRIED
From: Stephen M. Bennett, Esq., Corporation Counsel
Re: R-14-092- Revised Non-Disturbance and Attornment Agreement
MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE
MOTION CARRIED
From: Thomas F. Galligani, Jr., Economic Development Director
Re: Downtown Improvement Committee Budget
MOTION BY ALDERMAN McCARTHY TO ACCEPT, PLACE ON FILE AND REFER TO THE BUDGET
REVIEW COMMITTEE
MOTION CARRIED
MOTION BY ALDERMAN MCCARTHY THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW
FOR THE INTRODUCTION OF TWO COMMUNICATIONS RECEIVED AFTER THE AGENDA WAS
PREPARED
MOTION CARRIED
From: Mayor Donnalee Lozeau
Re: Status Update: Jackson Falls Dam Transfer and Future Opportunities
MOTION BY ALDERMAN MCCARTHY TO ACCEPT AND PLACE ON FILE
MOTION CARRIED
From: James B. and Mary E. Cutter
Re: No Parking Sign, 86-86 Palm Street
MOTION BY ALDERMAN MCCARTHY TO ACCEPT AND PLACE ON FILE
MOTION CARRIED
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING – None
PETITIONS
Petition for Street Acceptance: Montclair Drive
Committee on Infrastructure Recommends: Granting Petition
MOTION BY ALDERMAN MCGUINNESS TO GRANT THE PETITION FOR STREET ACCEPTANCE
FOR MONTCLAIR DRIVE
MOTION CARRIED
Bd. of Aldermen – 12/23/14 Page 4
Petition for Street Discontinuance: Portion of Hughey Street
NCPB Issued Favorable Recommended w/Stipulation Note #7 be Added to Plan – 11/20/14
Committee on Infrastructure Recommends: Amending Plan to Add Note #7 & Granting
Petition as Amended
MOTION BY ALDERMAN DONCHESS TO AMEND THE PETITION BY REPLACING THE PLAN WITH
THE AMENDED PLAN SUBMITTED BY THE APPLICANT WHICH ADDS THE FOLLOWING
ADDITIONAL NOTE #7: “UPON APPROVAL BY THE BOARD OF ALDERMEN AND PRIOR TO
RECORDING THIS PLAN, THE OWNER OF SHEET 127, LOTS 93 AND 134, WILL CONSOLIDATE
BOTH LOTS INTO ONE LOT BY SUBMITTING TO THE CITY OF NASHUA PLANNING DEPARTMENT
A VOLUNTARY MERGER OF PARCELS FORM”
MOTION CARRIED
MOTION BY ALDERMAN DONCHESS TO GRANT THE AMENDED PETITION FOR STREET
DISCONTINUANCE FOR A PORTION OF HUGHEY STREET
MOTION CARRIED
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointments by the Mayor
The following Appointment by the Mayor was read into the record:
Historic District Commission
Robert Vorbach (New Appointment) Term to Expire: December 31, 2017
58 Manchester Street
Nashua, NH 03064
MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF ROBERT
VORBACH, 58 MANCHESTER STREET, NASHUA, TO THE HISTORIC DISTRICT COMMISSION FOR
A TERM TO EXPIRE DECEMBER 31, 2017
MOTION CARRIED
President Deane declared Robert Vorbach duly appointed to the Historic District Commission for a term to
expire December 31, 2017.
Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund
Tabled 8/12/ 14
REPORTS OF COMMITTEE
Finance Committee............................................................................. 12/03/14
There being no objection, President Deane declared the report of the December 3, 2014
Finance Committee accepted and placed on file.
Finance Committee............................................................................. 12/17/14
There being no objection, President Deane declared the report of the December 17, 2014
Finance Committee accepted and placed on file.
Bd. of Aldermen – 12/23/14 Page 5
Committee on Infrastructure ............................................................... 12/10/14
There being no objection, President Deane declared the report of the December 10, 2014
Committee on Infrastructure accepted and placed on file.
WRITTEN REPORTS FROM LIAISONS – None
CONFIRMATION OF MAYOR'S APPOINTMENTS
Business & Industrial Development Authority
MOTION BY ALDERMAN McGUINNESS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF
MARK PROLMAN, 70 CRESTWOOD DRIVE, HOLLIS, TO THE BUSINESS & INDUSTRIAL
DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE APRIL 30, 2017
MOTION CARRIED
President Deane declared Mark Prolman duly appointed to the Business & Industrial Development
Authority for a term to expire April 30, 2017.
Conservation Commission
MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF DONALD
CEDERQUIST, 18 THOREAU DRIVE, NASHUA, TO THE CONSERVATION COMMISSION FOR A
TERM TO EXPIRE DECEMBER 31, 2017
MOTION CARRIED
President Deane declared Donald Cederquist duly appointed to the Conservation Commission for a term to
expire December 31, 2017.
Cultural Connections Committee
MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF
GERARDO ZAYAS, JR., 597 BROAD STREET, NASHUA, TO THE CULTURAL CONNECTIONS
COMMITTEE FOR A TERM TO EXPIRE DECEMBER 31, 2017
MOTION CARRIED
President Deane declared Gerardo Zayas, Jr. duly appointed to the Cultural Connections Committee for a
term to expire December 31, 2017.
Downtown Improvement Committee
MOTION BY ALDERMAN MCCARTHY TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE DOWNTOWN IMPROVEMENT COMMITTEE FOR TERMS TO
EXPIRE DECEMBER 31, 2017: MARY LOU BLAISDELL, 32 WEBSTER STREET, NASHUA, AND
RICHARD LANNAN, 7D TAGGART DRIVE, NASHUA
MOTION CARRIED
President Deane declared Mary Lou Blaisdell and Richard Lannan duly appointed to the Downtown
Improvement Committee for terms to expire December 31, 2017.
Bd. of Aldermen – 12/23/14 Page 6
Historic District Commission
MOTION BY ALDERMAN SHEEHAN TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF
MARIELLEN MACKAY, 9 WEBSTER STREET, NASHUA, TO THE HISTORIC DISTRICT COMMISSION
FOR A TERM TO EXPIRE DECEMBER 31, 2017
MOTION CARRIED
President Deane declared Mariellen MacKay duly appointed to the Historic District Commission for a term
to expire December 31, 2017.
Oath of Office administered by Corporation Counsel.
Hunt Memorial Building Board of Trustees
MOTION BY ALDERWOMAN MELIZZI-GOLJA TO CONFIRM BY VOICE VOTE THE APPOINTMENT
OF THE FOLLOWING INDIVIDUALS TO THE HUNT MEMORIAL BUILDING BOARD OF TRUSTEES:
MARILYN SOLOMON, 16 DURHAM STREET, NASHUA, FOR A TERM TO EXPIRE DECEMBER 31,
2018, AND STACY BAXTER, 38 BERKELEY STREET, NASHUA, FOR A TERM TO EXPIRE
DECEMBER 31, 2019
MOTION CARRIED
President Deane declared Marilyn Solomon and Stacy Baxter duly appointed to the Hunt Memorial Building
Board of Trustees for terms to expire December 31, 2018, and December 31, 2019, respectively.
Mine Falls Park Advisory Committee
MOTION BY ALDERMAN SIEGEL TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE MINE FALLS PARK ADVISORY COMMITTEE: DAVID SILVA,
400 SHERBURNE ROAD, PELHAM, AND PETER TESTA, 12 MAPLELEAF DRIVE, NASHUA, FOR
TERMS TO EXPIRE DECEMBER 31, 2017
MOTION CARRIED
President Deane declared David Silva and Peter Testa duly appointed to the Mine Falls Park Advisory
Committee for terms to expire December 31, 2017.
Nashua Housing Authority
MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF
MARIELLEN MACKAY, 9 WEBSTER STREET, NASHUA, TO THE NASHUA HOUSING AUTHORITY
FOR A TERM TO EXPIRE OCTOBER 14, 2019
MOTION CARRIED
President Deane declared Mariellen MacKay duly appointed to the Nashua Housing Authority for a term to
expire October 14, 2019.
Oath of Office administered by Corporation Counsel
Bd. of Aldermen – 12/23/14 Page 7
UNFINISHED BUSINESS – RESOLUTIONS
R-14-092
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large Lori Wilshire
Alderwoman Pamela T. Brown
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT WITH CVS
MANCHESTER NH, LLC FOR FUTURE PARKING RIGHTS AT THE CITY OWNED
PARKING LOT LOCATED BEHIND CVS PHARMACY
Given its second reading;
MOTION BY ALDERMAN WILSHIRE TO AMEND R-14-092 BY REPLACING THE NON-DISTURBANCE
AND ATTORNMENT AGREEMENT WITH THE REVISED AGREEMENT ATTACHED TO ATTORNEY
BENNETT’S MEMORANDUM ACCEPTED EARLIER THIS EVENING
ON THE QUESTION
Alderman Donchess
It is suggested in the memo from Attorney Bennett that this be re-referred to the Finance Committee?
President Deane
I believe that will be the next motion that will be made.
MOTION CARRIED
MOTION BY ALDERMAN WILSHIRE TO RE-REFER R-14-092, AS AMENDED, TO THE FINANCE
COMMITTEE
MOTION CARRIED
UNFINISHED BUSINESS – ORDINANCES
O-14-030
Endorsers: Alderman-at-Large Jim Donchess
Alderman David Schoneman
PROHIBITING CERTAIN TRUCKS ON CROSS STREET
Given its second reading;
MOTION BY ALDERMAN SCHONEMAN FOR FINAL PASSAGE OF O-14-030
MOTION CARRIED
Ordinance O-14-030 declared duly adopted.
O-14-034
Endorsers: Alderman-at-Large Jim Donchess
Alderman-at-Large David W. Deane
AMENDING THE TRAFFIC ORDINANCES ON BROAD STREET NEAR THE RED BARN
Given its second reading;
MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF O-14-034
ON THE QUESTION
Bd. of Aldermen – 12/23/14 Page 8
Alderman McCarthy
Did we resolve the issue of whether any of the things that are covered by this ordinance are required by
the stipulations on the site plan?
Alderman Donchess
I think we did because didn’t this go to the Planning Board as well?
President Deane
Yes, it did. It went to the Planning Board and the Nashua City Planning Board and they both issued
favorable recommendations on the 20th of November.
Alderman McCarthy
The issue is that the Planning Board may have approved it but without actually amending the site plan
which would have required the applicant to come in and file for an amendment to the site plan, they could
not have changed that. Is there anything that is at odds with the site plan at this point?
Attorney Bennett
It is my understanding that the Planning Board reviewed it and didn’t find that there was any conflict with
the site plan approval.
President Deane
If I remember Alderman McCarthy, I thought this was brought in after that was done. I think the store was
open and then it was brought in after the fact.
Alderman McCarthy
I think this stuff was done as part of the construction. What happened afterwards was the requirement for
the crosswalk and I believe there is a stipulation on the site plan for the crosswalk to be installed. I don’t
think any of these things were on it but I want to make sure.
MOTION CARRIED
Ordinance O-14-034 declared duly adopted.
Bd. of Aldermen – 12/23/14 Page 9
NEW BUSINESS – RESOLUTIONS
R-14-097
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large Lori Wilshire
Alderman-at-Large Diane Sheehan
Alderman-at-Large Jim Donchess
Alderman-at-Large David W. Deane
Alderwoman Pamela T. Brown
Alderwoman Mary Ann Melizzi-Golja
Alderman Ken Siegel
Alderman June M. Caron
Alderman Richard A. Dowd
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE OF
NEW HAMPSHIRE INTO POLICE GRANT ACTIVITY “FY2015 VIOLENCE AGAINST WOMEN
GRANT PROGRAM” AND TO AUTHORIZE THE TRANSFER OF $51,622 FROM DEPARTMENT
194 “CONTINGENCY”, ACCOUNT #70120 “CONTINGENCY, POLICE GRANTS”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Deane
R-14-098
Endorsers: Mayor Donnalee Lozeau
Alderman Michael Soucy
Alderman-at-Large Lori Wilshire
Alderman-at-Large Diane Sheehan
Alderman-at-Large David W. Deane
Alderman-at-Large Daniel T. Moriarty
Alderwoman Pamela T. Brown
Alderwoman Mary Ann Melizzi-Golja
Alderman Ken Siegel
Alderman June M. Caron
Alderman Richard A. Dowd
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,865 FROM THE STATE OF
NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT
PROGRAM” INTO FIRE GRANT ACTIVITY “2014 HOMELAND SECURITY GRANT PROGRAM”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Deane
R-14-099
Endorsers: Alderman-at-Large David W. Deane
Alderman June M. Caron
Alderman-at-Large Lori Wilshire
Alderman-at-Large Jim Donchess
Alderman-at Large Diane Sheehan
Alderwoman Pamela T. Brown
Alderwoman Mary Ann Melizzi-Golja
Alderman Paul M. Chasse, Jr.
RELATIVE TO THE TRANSFER OF $55,284 FROM DEPARTMENT 194, ACCOUNTING
CLASSIFICATION 70 – CONTINGENCY INTO DEPARTMENT 109 – CIVIC & COMMUNITY
ACTIVITIES, ACCOUNTING CLASSIFICATION 56 – OUTSIDE AGENCIES FOR THE PURPOSE
OF DONATING TO THE NASHUA ASSOCIATION FOR THE ELDERLY
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Deane
Bd. of Aldermen – 12/23/14 Page 10
R-14-100
Endorser: Mayor Donnalee Lozeau
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
ESTABLISHING AN EXPENDABLE TRUST FUND FOR ACCEPTING A CONTRIBUTION
IN THE AMOUNT OF $35,991 FOR SIDEWALK CONSTRUCTION ALONG A PORTION OF THE
NORTHEAST SIDE OF AMHERST STREET AS RELATED TO THE SOMERSET PLAZA
RENOVATIONS (PHASE 2)
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Deane
R-14-101
Endorser: Alderman Michael Soucy
Alderman-at-Large Diane Sheehan
Alderman-at-Large Brian S. McCarthy
Alderman-at-Large David W. Deane
Alderwoman Mary Ann Melizzi-Golja
Alderman Ken Siegel
Alderman June M. Caron
Alderman Richard A. Dowd
AUTHORIZING THE ACCEPTANCE OF A TRAIL EASEMENT DEED FROM ROBERT E.
AND CATHERINE E. HARTT ON LAND LOCATED NORTH OF GROTON ROAD
Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE and the
NASHUA CITY PLANNING BOARD by President Deane
NEW BUSINESS – ORDINANCES
O-14-036
Endorser: Alderman-at-Large Jim Donchess
RESCINDING THE NO U-TURN ON DANIEL WEBSTER HIGHWAY SOUTHBOUND
AT THE EASTBOUND J-RAMP
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane
O-14-037
Endorser: Alderman Sean M. McGuinness
INCREASING THE PERIOD OF VIABILITY FOR SPECIAL EXCEPTIONS AND VARIANCES
Given its first reading
MOTION BY ALDERMAN MORIARTY TO ACCEPT THE FIRST READING OF O-14-037, ASSIGN IT TO
THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE AND THE NASHUA CITY PLANNING
BOARD AND THAT A PUBLIC HEARING BE SCHEDULED FOR TUESDAY, JANUARY 20, 2015, AT
7:00 PM IN THE ALDERMANIC CHAMBER
MOTION CARRIED
PERIOD FOR GENERAL PUBLIC COMMENT
Jim Cutter - 86 Palm Street
Dear President Deane, At the last Aldermanic meeting, Alderman Chasse asked Mayor Lozeau why the no
parking sign had been removed and she explained the old ordinance (O-00-24) had been replaced by
Ordinance O-12-025 for the Broad Street Parkway and went on to say there were many complaints from
residents. Ordinance O-00-24, Establishing no parking on the west side of Palm Street in the area of 87
Palm Street. Ordinance O-12-025, Sec. 320-69, no parking on certain streets. No parking whatsoever
shall be permitted on the following streets except as providing by law. Note, provided by law does not
replace or take away Ordinance O-00-24 but enforces it. During the 12 years the no parking sign was in
place: (2) it saved police many trips for blocking our driveway and saved people, namely Marguerite’s
Place, from getting parking tickets. (2) Drivers were able to go around me and keep traffic flowing when I
Bd. of Aldermen – 12/23/14 Page 11
blocked two of three lanes on the street trying to get into our narrow driveway. Note, a friend of mine says
when Alderman Siegel saw our driveway, he could not see our problem because he is short with a small
car. I say it is great he made an effort. (3) It was easier with two parking spaces for parents who left off
and picked up children attending the day care. Mayor Lozeau says many people called her to say they did
not want the sign. Normally, residents would come to Barbara Alves, CEO, if there was a problem at
Marguerite’s Place. Barbara favors on-street parking even when there is parking on the side and rear of
her building. And plenty of parking nearby on the other side of Kinsley Street where there is two-way traffic
with parking on both sides of the street. We would appreciate it if Mayor Lozeau corrects herself and
orders the no parking sign replaced where it had been for many years. Sincerely.
Ms. Tracy Pappas – Commissioner, Board of Public Works
I am here tonight in my capacity as a Board of Public Works Commissioner to support replacing a no
parking sign behind Mr. Cutter’s driveway on Palm Street. There is an ordinance covering the issue. We
all understand that no one can park in front of someone’s driveway but there is also a rather ambiguous
ordinance where you can’t behind someone’s driveway if it’s going to interact with them getting out of their
driveway. Mr. Cutter should be afforded the same legal right for free movement from his driveway that
other citizens in the city enjoy. The reason Mr. Cutter doesn’t have the same right that other Nashua
citizens have is the fact that the property is in the path of the Broad Street Parkway. That’s the finding of
the city’s legal department. I respect the legal department; they are very honest and knowledgeable
people. Mr. Cutter’s rights can be restored if a member of the Board of Aldermen sponsors legislation
allowing the no parking sign to be replaced on Palm Street opposite of his driveway. Historically, it’s the
ward Alderwoman or Alderman who advocates for the constituent. The current Alderwoman is unable to
advocate for the current constituent, I mean no disrespect to this Alderwoman; I just disagree with her
position. I’d like to explain my involvement in this matter. When the Broad Street Parkway work was
completed on Palm Street and the parking spaces were painted, Mr. Cutter came in front of the Board of
Public Works and asked when the no parking sign would be replaced behind his driveway. This happened
for a few meetings. I drove to the Cutter residence. There was a lot of snow on the ground at the time and
as such, the car parked behind his driveway was partially in the road. Also the Cutter driveway was
narrowed because of the snow. I sent an e-mail regarding a no parking sign and it was replaced. I can’t
recall the timeline but it was replaced after I had explained what I had saw when I went to that residence.
My understanding is that the director of Marguerite’s Place complained at City Hall and the sign was taken
down in a short period of time. I understand when there is no snow on the ground and there is only light
traffic one might believe that there is no problem for Mr. Cutter to get out of his driveway. Keep in mind if
there is plenty of snow and it happens to be when trash or recycling is picked up, there are more obstacles
in this highly populated area. This and the increased speed on the one-way street present a challenge for
any driver, especially one in his 80’s. I’d like to remind the Board that before the Broad Street Parkway, it
was a two-way street with parking on both sides of the street. Some of you might know that is kind of a
traffic calming measure. We have increased the speed on that street by making it a one-way. I’m here to
ask one of the Aldermen-at-Large if they are willing to collaborate with the legal department to come up
with legislation replacing the no parking sign behind the Cutter’s driveway. If none of the six Aldermen-at-
Large are willing to help this man, I hope one of the remaining ward Aldermen will step up and help him. I
want to address something that the Planning & Economic Development Director said at a public meeting, I
believe it was at the Planning & Economic Development Committee meeting. When an Alderman asked
about the Buck Street property, I think that they were asking if it could help the parking situation on Palm
Street and if it could possibly help Mr. Cutter. The public employee stated that Mr. Cutter wasn’t interested
in a solution as he didn’t want to pay any money toward the Buck Street lot. That employee had no right to
publicly disrespect a tax paying citizen. I think that Buck Street would help and any parking lot in that
congested area is going to help everyone. I spoke to Mr. Cutter and my understanding is that no one from
the city approached him about paying for Buck Street and if they did I would think they would not have had
the right to do so because it’s not like it’s going to extend his driveway. I understand that there are people
on the Board who are upset that Mr. Cutter has a parking permit and parks on the street often. If I had to
maneuver in and out of that driveway, I would purchase an on-street permit also. I hope that one of you
will sponsor legislation to restore the sign. I’m sure all of us would feel terrible if Mr. Cutter had an accident
while attempting to get in or out of this driveway. I would like to thank all of you for the service you give to
the city and I wish all of you a Merry Christmas and a Happy New Year.
Bd. of Aldermen – 12/23/14 Page 12
Mr. Scott McCullough – 2 Kittery Drive
I am here to speak about the Special Olympics Penguin Plunge I am doing in 2015. If you would like to
donate you can go to www.firstgiving.com and search Scott McCullough. They don’t have to be big
donations; they can be $5.00 or $10.00. It would help out in a big way and all of the money goes back to
the Special Olympics for equipment, facilities, uniforms, etc. I love playing basketball at the NCC. Thank
you, Mayor Lozeau for letting us play. We play there on Friday nights and I love playing there now. NCC
is the best. Thank you and Merry Christmas.
President Deane
If you hang around for 5 minutes we can give you a donation.
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman Wilshire
I would like to send my condolences out to the family of Lenny Dobbins. He was an interesting and happy
guy who was willing to help anybody who needed help and often did so without wanting to be recognized.
He was a tremendous guy who will be missed. I want to wish everyone a Happy Hanukah and a Merry
Christmas.
Alderwoman Brown
I too would like to offer condolences to the family of Lenny Dobbins. I also want to wish everyone a Happy
Hanukah and a Merry Christmas.
Alderwoman Melizzi-Golja
Merry Christmas wishes and the best for the New Year.
Alderman Siegel
I would like to wish everyone a happy holiday; all of my colleagues and to the Mayor and her family. I think
it’s nice to remember that despite all of the differences that we have, the bottom line is most people are
very decent and it’s nice to know.
Alderman Donchess
I also want to wish everyone a Happy Hanukah and a Merry Christmas.
Alderman Sheehan
I also want to wish everyone a Happy Hanukah and a Merry Christmas as well as condolences to the
Dobbins family. I would like to recognize the loss of Frank Mellon who served many years on the Historic
District Commission. I was sorry that I could not be here for his services because I was traveling.
Mayor Lozeau
I too would like to offer my sympathies to the family of Frank Mellon. Mr. Mellon was a behind the scenes
guy who didn’t look for any attention but just quietly got things done. As he sat on boards and committees,
he didn’t have a lot to say but when he did say something people paid attention because he was careful.
His wife Marvis also serves our community. She has been a director on the Woodlawn Cemetery Board for
many years. I was able to go and speak on behalf of the city at his services and his family appreciated it.
The Hunt Building had a time where it was in tough shape and he was the guy worrying about whether the
Bd. of Aldermen – 12/23/14 Page 13
floors were clean. He made things happen and he made a huge difference in our community. For those of
you who would like to send a card please let me know and I will share his address. I know that his wife
and family would appreciate hearing from people.
Alderman McGuinness
I wish everyone in the city happy holidays with a prosperous New Year with good luck and good will to
everyone.
Alderman Caron
I too would like to send my condolences to the Dobbins and Mellon families. I met Lenny when he first
started running in the 4th of July road races and he was a pleasure to deal with. The Mellon family was
very involved when the country had their bicentennial celebration. I too would like to wish everyone a
happy Hanukah and a Merry Christmas.
Alderman Chasse
I am going to give a Christmas present to Attorney Bennett. When you have a chance can you give us a
legal opinion on what was provided tonight by Mr. Cutter? I too would like to wish everyone a happy
Hanukah and a Merry Christmas.
Alderman Schoneman
I had a chance to serve with Frank Mellon on the Historic District Commission and it was a pleasure to see
him there. He was an encouragement and a help and a voice of reason and wisdom and just a guy that I
took comfort and pleasure in knowing. Also, like everyone else, I would like I would like to wish everyone a
happy Hanukah and a Merry Christmas. I hope we all take a few minutes to slow down and enjoy the
meaning of the holiday. It’s about what is in our minds and our hearts and how we choose to live our lives.
Alderman Dowd
My sympathies go out to Lenny Dobbins’ family. I would also like to wish the Mayor and my colleagues on
the Board of Aldermen and all the citizens of Nashua a happy Hanukah and a Merry Christmas and a
happy and safe New Year.
Alderman McCarthy
I will echo the happiest of holidays to all of our constituents and Happy Birthday to you, Mr. President next
week.
President Deane
I met Frank at the Hunt Building and he was a very nice guy. We lost a lot of institutional historic
knowledge when Frank passed away. The same with Lenny Dobbins. Yesterday I got to attend an
opening at Not your Average Joe’s in south Nashua. It was interesting to see 1 1/2” black iron pipe being
used as the handles for the doors. They did a soft opening over the weekend and yesterday they
presented Harbor Homes with a check for $10,000 to help end homelessness. The CEO even commented
on the fact that they never really raise up to that level of money. What a way to enter into the community.
I’d like to wish everyone a happy Hanukah and a Merry Christmas and a happy and safe New Year. We
have to remember that we have a lot of employees in the city that will have to work through the holidays
like the people at police, fire, and wastewater. I appreciate their efforts.
I spoke with Attorney Bennett briefly and the Special Board of Aldermen meeting scheduled for the pawn
broker’s license might not happen. He is working with the individuals and we should know by Monday by
noon if it will be canceled and as soon as I know I will let you know.
Bd. of Aldermen – 12/23/14 Page 14
Alderman McCarthy
What is the circumstance that would cause us to cancel?
Attorney Bennett
The circumstance is that the license would be voluntarily relinquished.
President Deane
We have a joint Board of Education/Board of Alderman scheduled for January 8 th at the North High School
at 7:00pm.
Committee announcements:
There were none.
ADJOURNMENT
MOTION BY ALDERMAN CHASSE THAT THE DECEMBER 23, 2014, MEETING
OF THE BOARD OF ALDERMEN BE ADJOURNED
MOTION CARRIED
The meeting was declared adjourned at 8:31pm.
Attest: Patricia Piecuch, Deputy City Clerk
Agenda
AGENDA MEETING OF THE BOARD OF ALDERMEN DECEMBER 23, 2014
1. PRESIDENT DAVID W. DEANE CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON
3. PLEDGE TO THE FLAG LED BY ALDERMAN SEAN M. MCGUINNESS
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
R-14-096
Endorsers: Mayor Donnalee Lozeau
Board of Aldermen
CONGRATULATING THE NASHUA ELKS CRUSADERS GRADE 6 FOOTBALL
TEAM ON THEIR SUCCESSFUL SEASON AND STATE DIVISION CHAMPIONSHIP
8. READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARINGS
Board of Aldermen .............................................................................. 12/09/14
Public Hearings Conducted by the Committee on Infrastructure ......... 12/10/14
9. COMMUNICATIONS
From: Nashua TS Lodging, LLC and 110 Grill Two, LLC
Re: Request for Installation of Directional Signage in City Street Rights-of-Way
Chapter 320, Vehicles and Traffic, Section 320-9
From: Mayor Donnalee Lozeau
Re: Credit Card Processing Fees for Parking Pay Stations
From: Mayor Donnalee Lozeau
Re: HDC Appointment, Robert Vorbach
From: Stephen M. Bennett, Esq., Corporation Counsel
Re: R-14-092- Revised Non-Disturbance and Attornment Agreement
From: Thomas F. Galligani, Jr., Economic Development Director
Re: Downtown Improvement Committee Budget
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING
10. PETITIONS
Petition for Street Acceptance: Montclair Drive
Committee on Infrastructure Recommends: Granting Petition
Petition for Street Discontinuance: Portion of Hughey Street
NCPB Issued Favorable Recommended w/ Stipulation Note #7 be Added to Plan – 11/20/14
Committee on Infrastructure Recommends: Amending Plan to Add Note #7 & Granting
Petition as Amended
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointment by the Mayor
Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund
Tabled 8/12/ 14
12. REPORTS OF COMMITTEE
Finance Committee............................................................................. 12/03/14
Finance Committee............................................................................. 12/17/14
Committee on Infrastructure................................................................ 12/10/14
13. WRITTEN REPORTS FROM LIAISONS
14. CONFIRMATION OF MAYOR'S APPOINTMENTS
Anticipated Appointments from Personnel/Administrative Affairs Cmte Mtg of 12/22/14
Business & Industrial Development Authority
Mark Prolman (Reappointment) For a Term to Expire: April 30, 2017
70 Crestwood Drive
Hollis, NH 03049
Conservation Commission
Donald Cederquist (Alternate to Full Member) For a Term to Expire: December 31, 2017
18 Thoreau Drive
Nashua, NH 03062
Cultural Connections Committee
Gerardo Zayas Jr. (New Appointment) For a Term to Expire: December 31, 2017
597 Broad Street
Nashua, NH 03063
Downtown Improvement Committee
Mary Lou Blaisdell (Reappointment) For a Term to Expire: December 31, 2017
32 Webster Street
Nashua, NH 03064
Richard Lannan (Reappointment) For a Term to Expire: December 31, 2017
7D Taggart Drive
Nashua, NH 03060
Historic District Commission
Mariellen MacKay (New Appointment) For a Term to Expire: December 31, 2017
9 Webster Street
Nashua, NH 03064
Hunt Memorial Building Board of Trustees
Marilyn Solomon (Reappointment) For a Term to Expire: December 31, 2018
16 Durham Street
Nashua, NH 03063
Stacy Baxter (New Appointment) For a Term to Expire: December 31, 2019
38 Berkeley Street
Nashua, NH 03064
Mine Falls Park Advisory Committee
David Silva (New Appointment) For a Term to Expire: December 31, 2017
400 Sherburne Road
Pelham, NH 03076
Mr. Peter Testa (Reappointment) For a Term to Expire: December 31, 2017
12 Mapleleaf Drive
Nashua, NH 03062
Nashua Housing Authority
Mariellen MacKay (New Appointment) For a Term to Expire: October 14, 2019
9 Webster Street
Nashua, NH 03064
UNFINISHED BUSINESS – RESOLUTIONS
R-14-092
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large Lori Wilshire
Alderwoman Pamela T. Brown
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT WITH CVS
MANCHESTER NH, LLC FOR FUTURE PARKING RIGHTS AT THE CITY OWNED
PARKING LOT LOCATED BEHIND CVS PHARMACY
Finance Committee Recommends: Indefinite Postponement
UNFINISHED BUSINESS – ORDINANCES
O-14-030
Endorsers: Alderman-at-Large Jim Donchess
Alderman David Schoneman
PROHIBITING CERTAIN TRUCKS ON CROSS STREET
Committee on Infrastructure Recommends: Final Passage
O-14-034
Endorsers: Alderman-at-Large Jim Donchess
Alderman-at-Large David W. Deane
AMENDING THE TRAFFIC ORDINANCES ON BROAD STREET NEAR THE RED BARN
Committee on Infrastructure Recommends: Final Passage
Also assigned to BPW & NCPB; Favorable Recommendations Issued 11/20/14
NEW BUSINESS – RESOLUTIONS
R-14-097
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large Lori Wilshire
Alderman-at-Large Diane Sheehan
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE
OF NEW HAMPSHIRE INTO POLICE GRANT ACTIVITY “FY2015 VIOLENCE AGAINST
WOMEN GRANT PROGRAM” AND TO AUTHORIZE THE TRANSFER OF $51,622 FROM
DEPARTMENT 194 “CONTINGENCY”, ACCOUNT #70120 “CONTINGENCY, POLICE
GRANTS”
R-14-098
Endorsers: Mayor Donnalee Lozeau
Alderman Michael Soucy
Alderman-at-Large Lori Wilshire
Alderman-at-Large Diane Sheehan
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,865 FROM THE STATE
OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT
PROGRAM” INTO FIRE GRANT ACTIVITY “2014 HOMELAND SECURITY GRANT
PROGRAM”
R-14-099
Endorsers: Alderman-at-Large David W. Deane
Alderman June M. Caron
RELATIVE TO THE TRANSFER OF $55,284 FROM DEPARTMENT 194, ACCOUNTING
CLASSIFICATION 70 – CONTINGENCY INTO DEPARTMENT 109 – CIVIC & COMMUNITY
ACTIVITIES, ACCOUNTING CLASSIFICATION 56 – OUTSIDE AGENCIES FOR THE
PURPOSE OF DONATING TO THE NASHUA ASSOCIATION FOR THE ELDERLY
R-14-100
Endorser: Mayor Donnalee Lozeau
ESTABLISHING AN EXPENDABLE TRUST FUND FOR ACCEPTING A CONTRIBUTION
IN THE AMOUNT OF $35,991 FOR SIDEWALK CONSTRUCTION ALONG A PORTION OF
THE NORTHEAST SIDE OF AMHERST STREET AS RELATED TO THE SOMERSET PLAZA
RENOVATIONS (PHASE 2)
R-14-101
Endorser: Alderman Michael Soucy
AUTHORIZING THE ACCEPTANCE OF A TRAIL EASEMENT DEED FROM ROBERT E.
AND CATHERINE E. HARTT ON LAND LOCATED NORTH OF GROTON ROAD
NEW BUSINESS – ORDINANCES
O-14-036
Endorser: Alderman-at-Large Jim Donchess
RESCINDING THE NO U-TURN ON DANIEL WEBSTER HIGHWAY SOUTHBOUND AT
THE EASTBOUND J-RAMP
O-14-037
Endorser: Alderman Sean M. McGuinness
INCREASING THE PERIOD OF VIABILITY FOR SPECIAL EXCEPTIONS AND VARIANCES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT
OFFICE OF CORPORATION COUNSEL
CITY OF NASHUA
MEMORANDUM
TO : Board of A ldermen
FROM: Stephen M, Bennett, Corporation Counsel
DATE: December 19,2014
RE: Resolution 14-092 - Revised Non-Disturbance and Attornment Agreement
Attached is a revised Non-Disturbance and Attornment Agreement between the City and
CVS. CVS, Southern New Hampshire Medical Center (SNHMC) and the City prepared this
revised draft of the agreement after discussing the concerns expressed by members of the
Finance Committee at and following the December 3,2014 meeting.
This revised agreement recognizes that the City and SNHMC may wish to transfer
ownership of the parking lot to SNHMC after the lease with the City expires. Should that occur
while this agreement is in effect, the sale to the hospital would be subject to the terms of the
original sublease between SNHMC and CVS.
The parties request that Resolution R-14-092 be amended with the revised agreement and
referred back to the Finance Committee for further consideration.
Attachment
NON-DISTURBANCE AND
ATTORNMENT AGREEMENT
THIS AGREEMENT, made as of the day of , 2 0 1 _ between The City
of Nashua, a municipal corporation existing under the laws of the State of New Hampshire, with
its principal place of business at 229 Main Street, Nashua, New Hampshire 03061 (the "City"),
and CVS Manchester NH, L.L.C., a New Hampshire limited liability company, with its principal
' place of business at One CVS Drive, Woonsocket, Rhode Island, 02895 ("Subtenant").
WITNESSETH:
WHEREAS, the City is the lessor under a certain lease dated as of June 18, 2014 (the
"City Lease") demising certain premises identified as Nashua Assessor's Sheet 31, Lot 7 (the
"East Parking Area"), to Southern New Hampshire Medical Center, a non-profit corporation
existing under the laws of the State of New Hampshire and having a principal office for the
transaction of business at 8 Prospect Street, Nashua, New Hampshire, 03060, as lessee (the
"Hospital");
WHEREAS. Subtenant is the Subtenant under that certain sublease (the "Sublease")
dated . a between the Hospital and Subtenant demising a portion (the "Premises") of Nashua
Assessor's Sheet 31, Lot 7 (the "East Parking Area"), a Memorandum of Sublease with respect to
which shall be recorded simultaneously herewith in the Registry of Deeds of Hillsborough
County, New Hampshire:
WHEREAS, Subtenant has requested that the City consent to the terms of the Sublease
and agree to recognize Subtenant's rights under the Sublease in the event of the expiration or
other termination of the City Lease other than as a result of the purchase of the East Parking Area
by the Hospital; and
WHEREAS, the City hereby consents to the terms of the Sublease and is willing to enter
into an agreement to recognize Subtenant's rights under the Sublease on the terms and conditions
contained herein;
NOW. THEREFORE, in consideration of good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged, the City and Subtenant agree as follows:
1. Purchase by Hospital. If the City Lease terminates as a result of the purchase of
the East Parking Area by the Hospital, this Agreement shall terminate and be of no farther force
or effect.
2. Non-Disturbance. The City agrees that so long as Subtenant is not in default in its
obligations under the Sublease beyond any applicable notice and cure period:
(a) neither the rights, possession nor enjoyment of the Premises by Subtenant
under the Sublease shall be terminated or disturbed by the City, its successors or assigns; and
1
(b) Subtenant shall not be named as a party in any summary proceeding or
other action or proceeding instituted by reason of the Hospital's default under the City Lease nor
shall such action or proceeding result in a cancellation, modification or termination of the
Sublease.
3. Attornment, (a) Upon the expiration or other termination of the City Lease for
any reason, other than the purchase of the East Parking Area by the Hospital (i) the Sublease
shall, notwithstanding any provision to the contrary therein contained, continue in full force and
effect as a direct lease between the City and Subtenant, subject. however, to the City's right to
convey or otherwise transfer the East Parking Area to the Hospital, without the prior consent of
Subtenant, but any such conveyance or other transfer shall remain subject to Subtenant's rights
under the Sublease and subject to those conditions set forth in Section 14.01 of the City Lease or
such other terms and conditions for redevelopment of the East Parking Area as the Hospital and
the Citv mav agree upon (all collectively referred to as the "Redevelopment Obligations").
Subtenant agrees to attorn to the Hospital as its new landlord, with Subtenant's rights to the use
of the East Parking Area set forth in the Sublease thereafter also surviving, and being subject to
the Redevelopment Obligations; (ii) the City and Subtenant shall be directly bound to each other
under all the terms, covenants and conditions of the Sublease for the balance of the term thereof
| (subjcct to the limitations in Section 3(a)(i) above and below in Section 3(b)), with the same
force and effect as if the City were the sublandlord under the Sublease; and (iii) Subtenant does
hereby attorn to the City as its landlord, said attornment to be effective and self-operative
(without the execution of any further instruments), as of the date the City Lease terminates. The
respective rights and obligations of Subtenant and the City upon such attornment, to the extent of
the then-remaining balance of the team of the Sublease (subject to the limitations in Section
3(a)(i) above and below in Section 3(b)), shall be and are the same as now set forth in the
Sublease, such attornment to be effective as of the date that the City Lease terminates, without
the execution of any further agreement. However, Subtenant and the City agree to execute and
deliver, at any time and from time to time upon request of the other party, any agreement that
may reasonably be necessary or appropriate to evidence such attornment, or, at Subtenant's or the
City's election, a direct lease with the City upon all of the terms of the Sublease. Failure of
Subtenant or the City to so execute any such an agreement shall not vitiate such attornment.
(b) Notwithstanding the foregoing, upon the termination or expiration of the
City Lease, the term of the Sublease shall be amended to expire twenty-five (25) years from the
Date of Rent Commencement under the Sublease, plus any months and days necessary to have
the term expire on the next January 31 st. and to include the conditions set forth in Section 3(a)(ii)
above, and as long as the Citv owns the East Parking Area and is Subtenant's direct landlord,
' Subtenant shall not thereafter have any right to renew or extend the term of the Sublease;
provided, however if the Citv thereafter conveys or otherwise transfers the East Parking Area to
the Hospital, the term of the Sublease shall expire twenty-five (25) years from the Pate of Rent
Commencement under the Sublease, plus any months and days necessary to have the term expire
on the next January 31st, and Subtenant shall again have the same rights to renew or extend the
term of the Sublease as are contained in the original Sublease. In addition, commencing as of the
expiration of years 1-15 (and through the next January 31) of the initial term of the Sublease, the
rent to be paid to the City shall be $32,654.00 annually ($2,721.17/month) for Years 16-20 and
| $32.703.0035.703.00 annually ($2,975.33/month) for Years 21-25.
2
4. Improvements. The City acknowledges that Subtenant has the right under the
Sublease, subject to obtaining any necessary governmental permits, to make improvements to the
Premises, including the reconfiguration of the parking areas, associated landscaping, lighting,
signage and markings consistent with the purposes of the Sublease, and that title to all
improvements located on the Premises and constructed by Subtenant shall remain with Subtenant
during the Term of the Sublease (without limitation of any rights of reversion of such
improvements to the Hospital at the expiration or other termination of the Sublease) so long as
the Subtenant is in good standing under the Sublease or direct lease, if any, to the City. If the
Sublease terminates or expires at a time that the City Lease has terminated or expired, title to any
and all improvements left by Subtenant after the expiration or other termination of the Sublease,
shall immediately and without notice pass to the City free and clear of any claims by Subtenant,
any lender or other party. The City hereby waives any right under the City Lease to require
Subtenant to remove any improvements located on the Premises after the expiration or other
termination of the Sublease.
5. Notices. Whenever, by the terms of this Agreement, any notice, demand, request,
approval, consent or other communication (each of which shall be referred to as a "noticc") shall
or may be given cither to the City or to Subtenant, such notice shall be in writing and shall be
sent by hand delivery or by registered or certified mail, return receipt requested, postage prepaid,
or by a nationally recognized overnight courier, as follows:
(i) If intended for the City, addressed to the City at the address of the City set
forth on the first page of this Agreement, Attention: .
(ii) If intended for Subtenant, addressed to Subtenant at the address of
Subtenant set forth on the first page of this Agreement, Attention: Lease Administration
Department. Store #639.
Hither party may, by notice as aforesaid, designate a different address or addresses
for notices. Kxcept as otherwise provided herein, all such notices shall be deemed to have been
given or served on the date of actual receipt (in the case of hand delivery), or three (3) business
days after such notice shall have been deposited in the United States mails within the continental
United States (in the ease of mailing by registered or certified mail as aforesaid), or one (1)
business day after such notice shall have been deposited with such overnight courier service.
6. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of
the respective successors and assigns of the parties hereto and may not be modified or terminated
orally. This Agreement and the rights and obligations of the parties hereunder shall be governed
by and construed in accordance with the law of the State of New Hampshire. This Agreement
may be signed in counterparts.
7. Intentionally omitted.
8. Use of Premises. Notwithstanding any provision of the City Lease to the contrary,
the City hereby agrees that Subtenant shall have the right to use the Premises for the uses
3
permitted under the Sublease and to make alterations to the East Parking Area as provided in the
Sublease, and that the City's consent shall not be required for any such use or alterations
permitted by the Sublease. Subtenant shall be solely responsible, and at its cost, for complying
with all rules, regulations, laws and permits related to its use and alteration of the Premises.
9. Default under Citv Lease and Sublease;
(a) The City shall promptly give notice to Subtenant in writing (together with a copy
of any notice received or given by the City) of: (A) the giving by the City or the Hospital of any
notice of any termination or expiration of the City Lease pursuant to the terms thereof or
otherwise, and (B) the giving by the Hospital of its exercise of its right to purchase the Premises
as provided in the City Lease, and notice of the Hospital's purchase of the Premises promptly
after the closing of the purchase.
(b) Subtenant shall promptly give notice to the City in writing (together with a copy
of any notice received or given by the Subtenant) of: (i) any material breach (or alleged material
breach) by the Subtenant or the Hospital of the Sublease; and (ii) the giving by the Subtenant or
the Hospital of any notice of any termination or expiration of the Sublease.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
The City of Nashua
By:
Name:
Title:
CVS Manchester NH, L.L.C.
By:
Name:
Title:
CVS Legal Approval: Susan E. Carlson
Mintz Levin
5
State of New Hampshire
County of Hillsborough, SS
This instrument was acknowledged before me on , 2014, by
as of The City of Nashua.
Justice of the Peace/Notary Public
State of
County of , SS
This instrument was acknowledged before me on , 2014, by
as _ _ _ of CVS Manchester NH,
L.L.C.
Justice of the Peace/Notary Public
t':\2(ll2\12-29[\docuincnis\non-<Jistnrt»aiice & attornment agreement (redline v.4 12-19-14],tlocx
6
NON-DISTURBANCE AND
ATTORNMENT AGREEMENT
THIS AGREEMENT, made as of the day of , 2014 between The City of
Nashua, a municipal corporation existing under the laws of the State of New Hampshire, with its
principal place of business at 229 Main Street, Nashua, New Hampshire 03061 (the "City"), and
CVS Manchester NH, L.L.C., a New Hampshire limited liability company, with its principal
place of business at One CVS Drive, Woonsocket, Rhode Island, 02895 ("Subtenant").
WITNESSETH:
WHEREAS, the City is the lessor under a certain lease dated as of June 18, 2014 (the
"City Lease") demising certain premises identified as Nashua Assessor's Sheet 31, Lot 7 (the
"East Parking Area"), to Southern New Hampshire Medical Center, a non-profit corporation
existing under the laws of the State of New Hampshire and having a principal office for the
transaction of business at 8 Prospect Street, Nashua, New Hampshire, 03060, as lessee (the
"Hospital");
WHEREAS, Subtenant is the Subtenant under that certain sublease (the "Sublease")
dated June 9, 2014, a between the Hospital and Subtenant demising a portion (the "Premises") of
Nashua Assessor's Sheet 31, Lot 7 (the "East Parking Area"), a Memorandum of Sublease with
respect to which shall be recorded simultaneously herewith in the Registry of Deeds of
I lillsborough County, New Hampshire;
WHEREAS, Subtenant has requested that the City consent to the terms of the Sublease
and agree to recognize Subtenant's rights under the Sublease in the event of the expiration or
other termination of the City Lease other than as a result of the purchase of the East Parking Area
by the Hospital; and
WHEREAS, the City hereby consents to the terms of the Sublease and is willing to enter
into an agreement to recognize Subtenant's rights under the Sublease on the terms and conditions
contained herein;
NOW, THEREFORE, in consideration of good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged, the City and Subtenant agree as follows:
1. Purchase by Hospital. If the City Lease terminates as a result of the purchase of
the Hast Parking Area by the Hospital, this Agreement shall terminate and be of no further force
or effect.
2. Non-Disturbance. The City agrees that so long as Subtenant is not in default in its
obligations under the Sublease beyond any applicable notice and cure period:
(a) neither the rights, possession nor enjoyment of the Premises by Subtenant
under the Sublease shall be terminated or disturbed by the City, its successors or assigns; and
I
(b) Subtenant shall not be named as a party in any summary proceeding or
other action or proceeding instituted by reason of the Hospital's default under the City Lease nor
shall such action or proceeding result in a cancellation, modification or termination of the
Sublease.
3. Attornment, (a) Upon the expiration or other termination of the City Lease for
any reason, other than the purchase of the East Parking Area by the Hospital (i) the Sublease
shall, notwithstanding any provision to the contrary therein contained, continue in full force and
effect as a direct lease between the City and Subtenant, subject, however, to the City's right to
convcv or otherwise transfer the East Parking Area to the Hospital, without the prior consent of
Subtenant, but any such conveyance or other transfer shall remain subject to Subtenant's rights
under the Sublease and subject to those conditions set forth in Section 14.01 of the City Lease or
such other terms and conditions for redevelopment of the East Parking Area as the Hospital and
the City may agree upon (all collectively referred to as the "Redevelopment Obligations"),
Subtenant agrees to attorn to the Hospital as its new landlord, with Subtenant's rights to the use
of the East Parking Area set forth in the Sublease thereafter also surviving, and being subject to
the Redevelopment Obligations; (ii) the City and Subtenant shall be directly bound to each other
under all the terms, covenants and conditions of the Sublease for the balance of the term thereof
(subject to the limitations in Section 3(a)(i) above and below in Section 3(b)), with the same
force and effect as if the City were the sublandlord under the Sublease; and (iii) Subtenant does
hereby attorn to the City as its landlord, said attornment to be effective and self-operative
(without the execution of any further instruments), as of the date the City Lease terminates. The
respective rights and obligations of Subtenant and the City upon such attornment, to the extent of
the then-remaining balance of the team of the Sublease (subject to the limitations in Section
3(a)(i) above and below in Section 3(b)). shall be and are the same as now set forth in the
Sublease, such attornment to be effective as of the date that the City Lease terminates, without
the execution of any further agreement. However, Subtenant and the City agree to execute and
deliver, at any time and from time to time upon request of the other party, any agreement that
may reasonably be necessary or appropriate to evidence such attornment, or, at Subtenant's or the
City's election, a direct lease with the City upon all of the terms of the Sublease. Failure of
Subtenant or the City to so execute any such an agreement shall not vitiate such attornment.
(b) Notwithstanding the foregoing, upon the termination or expiration of the
City Lease, the term of the Sublease shall be amended to expire twenty-five (25) years from the
Date of Rent Commencement under the Sublease, plus any months and days necessary to have
the term expire on the next January 31st, and to include the conditions set forth in Section 3(a)(ii)
above, and as long as the City owns the East Parking Area and is Subtenant's direct landlord,
Subtenant shall not thereafter have any right to renew or extend the term of the Sublease;
provided, however if the City thereafter conveys or otherwise transfers the East Parking Area to
the Hospital, the term of the Sublease shall expire twenty-five (25) years from the Date of Rent
Commencement under the Sublease, plus any months and days necessary to have the term expire
on the next January 31st, and Subtenant shall again have the same rights to renew or extend the
term of the Sublease as are contained in the original Sublease. In addition, commencing as of the
expiration of years 1-15 (and through the next January 31) of the initial term of the Sublease, the
rent to be paid to the City shall be $32,654.00 annually ($2.721.17/month) for Years 16-20 and
$35,703.00 annually ($2,975.33/month) for Years 21-25.
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4. Improvements. The City acknowledges that Subtenant has the right under the
Sublease, subject to obtaining any necessary governmental permits, to make improvements to the
Premises, including the reconfiguration of the parking areas, associated landscaping, lighting,
signage and markings consistent with the purposes of the Sublease, and that title to all
improvements located on the Premises and constructed by Subtenant shall remain with Subtenant
during the Term of the Sublease (without limitation of any rights of reversion of such
improvements to the Hospital at the expiration or other termination of the Sublease) so long as
the Subtenant is in good standing under the Sublease or direct lease, if any, to the City. If the
Sublease terminates or expires at a time that the City Lease has terminated or expired, title to any
and all improvements left by Subtenant after the expiration or other termination of the Sublease,
shall immediately and without notice pass to the City free and clear of any claims by Subtenant,
any lender or other party. The City hereby waives any right under the City Lease to require
Subtenant to remove any improvements located on the Premises after the expiration or other
termination of the Sublease.
5. Notices. Whenever, by the terms of this Agreement, any notice, demand, request,
approval, consent or other communication (each of which shall be referred to as a "notice") shall
or may be given either to the City or to Subtenant, such notice shall be in writing and shall be
sent by hand delivery or by registered or certified mail, return receipt requested, postage prepaid,
or by a nationally recognized overnight courier, as follows:
(i) If intended for the City, addressed to the City at the address of the City set
forth on the first page of this Agreement, Attention: .
(ii) If intended for Subtenant, addressed to Subtenant at the address of
Subtenant set forth on the first page of this Agreement, Attention: Lease Administration
Department, Store #639.
Either party may, by notice as aforesaid, designate a different address or addresses
for notices. Except as otherwise provided herein, all such notices shall be deemed to have been
given or served on the date of actual receipt {in the case of hand delivery), or three (3) business
days after such notice shall have been deposited in the United States mails within the continental
United States (in the case of mailing by registered or certified mail as aforesaid), or one (1)
business day after such notice shall have been deposited with such overnight courier service.
6. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of
the respective successors and assigns of the parties hereto and may not be modified or terminated
orally. This Agreement and the rights and obligations of the parties hereunder shall be governed
by and construed in accordance with the law of the State of New Hampshire. This Agreement
may be signed in counterparts.
7. Intentionally omitted.
8. Use of Premises. Notwithstanding any provision of the City Lease to the contrary,
the City hereby agrees that Subtenant shall have the right to use the Premises for the uses
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permitted under the Sublease and to make alterations to the East Parking Area as provided in the
Sublease, and that the City's consent shall not be required for any such use or alterations
permitted by the Sublease. Subtenant shall be solely responsible, and at its cost, for complying
with all rules, regulations, laws and permits related to its use and alteration of the Premises.
9. Default under City Lease and Sublease;
(a) The City shall promptly give notice to Subtenant in writing (together with a copy
of any notice received or given by the City) of: (A) the giving by the City or the Hospital of any
notice of any termination or expiration of the City Lease pursuant to the terms thereof or
otherwise, and (B) the giving by the Hospital of its exercise of its right to purchase the Premises
as provided in the City Lease, and notice of the Hospital's purchase of the Premises promptly
after the closing of the purchase.
(b) Subtenant shall promptly give notice to the City in writing (together with a copy
of any notice received or given by the Subtenant) of: (i) any material breach (or alleged material
breach) by the Subtenant or the Hospital of the Sublease; and (ii) the giving by the Subtenant or
the Hospital of any notice of any termination or expiration of the Sublease.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
The City of Nashua
By:
Name:
Title:
CVS Manchester NH, L.L.C.
By:
Name:
Title:
CVS Legal Approval: Susan E. Carlson
Mintz Levin
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State of New Hampshire
County of Hillsborough. SS
This instrument was acknowledged before me on , 2014, by
as of The City of Nashua.
Justice of the Peace/Notary Public
State of
County of , SS
This instrument was acknowledged before me on , 2014, by
as of CVS Manchester NH,
L.L.C.
Justice of the Peace/Notary Public
1-" A2 012\ 12-29 L I nenls\iio n -ti i st tub ance & attornment agreement [clean v.5 l2-l9-l4).docx
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APPOINTMENT BY THE MAYOR
DECEMBER 23, 2014
Historic District Commission
Robert Vorbach (New Appointment) Term to Expire: December 31, 2017
58 Manchester Street
Nashua, NH 03064
I respectfully request that this appointment be confirmed.
Donnalee Lozeau
Mayor