City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 The regular meeting of the Council of the City of Norwich was held October 21, 2024 at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald Singh, Ald. Gould, Ald. Bettencourt, and Ald. Hayes. President Pro Tem DeLucia and Ald. Nash were absent. City Manager John Salomone, and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Ald. Bettencourt read the opening prayer and Ald. Singh led the members in the Pledge of Allegiance. Mayor Nystrom called for a moment of silence in remembrance of Rylee Boldizar the young fire victim and her family that occurred on October 15, 2024 in Norwich Mayor Nystrom called for citizen comment general. Henry Kopij, 1 Coles Ct., spoke in concern and complaint of the Board of Assessment Appeals with respect to very high vehicle tax on his electric car. Joanne Philbrick, 10 Elm Ave., spoke with concerns about who will be running the Marina restaurant and the future of the UCFS building in Norwichtown that soon will be vacant and the three proposals for special permits to CCP for Cannabis operations. Pietro “Rocky” Camardella, 79 Lambert Dr., spoke again in reference to stating name and address for speaking at Council meetings. He referred to his past exchanges on this topic and has still not received an appropriate response. Kathy Delaney, 138 Hansen Rd., referred to her experience of running a business in Norwich for 35 years and would like to see everyone working together and getting along between the public and the Council. Susan Lessard, Acting Superintendent of Schools, spoke in appreciation of the school and community support for the young fire victim known as Rylee “B” and her family. There being no further speakers Mayor Nystrom declared the citizen comment closed. Upon a motion of Ald. Bettencourt, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the following petition and communication. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to accept the following petition and communication. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 City Managers Report To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: October 21, 2024 Meetings attended were Southeastern Council of Governments Meeting (SCCOG), NCDC Executive Board of Directors meeting, and NPU-City Coordination Meeting. The City of Norwich Community Development Office received a new 4-year grant to abate Lead hazards in private housing in the City from the Department of U.S. Housing and Urban Development. The grant is for $3,157,991 and is composed of $350,000 in Healthy Homes funding and $2,807,991 for lead abatement. The funds will be used for abatement, job training of contractors and outreach and education. The project focuses on low-income households with children under the age of six with the goal to complete 85 Norwich homes. The Assessor’s Office is conducting real estate inspections for any new construction or building permits that have been issued since October 1st, 2023. Another round of Municipal Tax Service (MTS) bills will be going out for November 1st for vehicles found here in Norwich but are registered elsewhere. The 2024 Personal property declarations have been mailed and are due back to the Assessor’s office by 11/1/2024. -. All three Divisions of Norwich Human Services have heavily participated in the community response to support the Hoffman family who recently suffered a tragic house fire and the loss of their young daughter. We'd like to thank Susan Lessard of Norwich Public Schools and her whole response team including Yelitza Brooks who is managing donations and the upcoming Vigil at the Senior Center, SRO Homand and Captain Perry from the Norwich Police Department, the United Way of Southeastern CT, and the Norwich Sunrise Rotary Club for their immediate and immense support and collaboration. The Recreation/Youth and Family Services Trunk or Treat was a huge success with 1,500 people in attendance. The City will participate in Red Ribbon Week doing assemblies and City Wide initiatives to spread awareness about substance use and prevention. Early voting started today at 10:00 am in room 335 at City Hall only and will continue every day through November 3rd from 10:00 am-6:00 pm except the 29th and 31st from 8:00 am to 8:00 pm. As of noon over 150 people had voted. The 3rdd annual NorWitch Strut will be held on October 26th starting at 5 pm. Thank you to the committee, sponsors, volunteers, Norwich Events Organization, Norwich Public Utilities, Public Works Department, and Police, for their assistance for this family event. The Uncas Leap heritage Parke Dedication Ceremony will be held on Friday, November, 1st at 9 am with a rain date of Monday, November 4th, 2024. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 I have attached the City Departments, and Otis Library reports for quarter ending September 30th, 2024. Quarterly Reports Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Mayor Nystrom called for citizen comment on resolutions. There were no speakers. Upon a motion of Ald. Hayes, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. WHEREAS, the City of Norwich did enter into that certain Indenture of Lease dated December 22, 1999 with Artspace Norwich Limited Partnership, whereby the City of Norwich agreed to lease twelve (12) parking spaces on property known as 86-108 Franklin Street; twenty-two (22) parking spaces on property known as 32-34 Chestnut Street; forty (40) parking spaces on property known as 113-121 Franklin Street and sixteen (16) parking spaces on property known as 64-68 Chestnut Street ; and WHEREAS, the term of the Lease was for a period of eighty (80) years; and WHEREAS, Artspace Norwich Limited Partnership has since assigned its Lease to 35 Chestnut, LLC; and WHEREAS, the City of Norwich has determined that there is a need for additional spaces in the parking lot located at 32-34 Chestnut Street for parking; and WHEREAS, 35 Chestnut, LLC has agreed to terminate its current Lease with the City of Norwich and enter into a new Lease whereby the City of Norwich will lease seventeen (17) parking spaces on property knowns as 86-108 Franklin Street; forty (40) parking spaces on property located at 113-121 Franklin Street and eighteen (18) parking spaces on property located at 64-68 Chestnut Street. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the proposed Lease Agreement between the City of Norwich and 35 Chestnut, LLC, a copy of which is attached hereto, be approved as to general form, content and purpose but subject to final approval by Corporation Counsel; and NOW THEREFORE BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager, John L. Salomone be and hereby is authorized and directed to execute on behalf of the City of Norwich said Lease Agreement as approved by Corporation Counsel. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 LEASE THIS LEASE, made this 1st day of August, 2024, the date of execution notwithstanding, by and between THE CITY OF NORWICH, a municipal corporation organized and existing under the laws of the State of Connecticut, whose mailing address is 100 Broadway, Norwich, CT 06360, hereinafter called the "CITY", and 35 Chestnut, LLC, a limited liability company organized and existing under the laws of the State of Connecticut, having an address of 5314-16th Avenue, Unit 218, New York, NY 11204, hereinafter called the "TENANT". WITNESSETH: 1. PREMISES In consideration of the rents, covenants and agreements hereinafter set forth, CITY does hereby demise and lease to TENANT, and TENANT does hereby take and hire from CITY, those certain seventeen (17) parking spaces situated on property known as 86-108 Franklin Street ("Lot A"), which parking spaces are outlined in yellow on Exhibit A, that certain property known as 113-121 Franklin Street ("Lot B"), containing forty (40) parking spaces, which parking spaces are outlined in green on Exhibit A, those certain eighteen (18) parking spaces situated on property known as 64-68 Chestnut Street ("Lot C"), which parking spaces are outlined in red on Exhibit A, and any and all improvements which now are or hereafter constructed thereon, together with easements and appurtenances thereunto belonging or appertaining, (collectively referred to herein as the "Leased Premises"). Accordingly, the CITY is hereby providing seventy-five (75) parking spaces to the TENANT. All of the parking spaces are delineated on the site plan attached hereto as Exhibit A. Further descriptions of the parcels containing Lots A, B and C are attached hereto as Exhibits B-1, B-2 and B-3 respectively, and made a part hereof by reference. During the term of this Lease, if TENANT requests a reduction in the number of spaces required and said request is approved by the zoning board of the CITY, the CITY reserves the right to determine the location of the relinquished spaces. 2. DEFINITIONS a. "Artspace Users" shall mean TENANT, its authorized representatives, employees, contractors, business invitees, guests and tenants. b. The "Effective Date" of this Lease shall be August 1, 2024. c. "Lease Year" shall be defined as each successive period of twelve (12) consecutive calendar months commencing on the first day 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 of August of each year during the term hereof and ending on July 31 of each year of the term hereof. d. "Leased Premises" shall be defined as set forth in Article 1 above. e. "Lot A" shall mean the seventeen (17) parking spaces directly to the south of the Property situated on property known as 86-108 Franklin Street. f. "Lot B" shall mean the forty (40) parking spaces shown as Lot B on Exhibit A attached hereto, situated on the property known as 113-121 Franklin Street. g. "Lot C" shall mean the eighteen (18) parking spaces shown as Lot C on Exhibit A attached hereto, situated on the property known as 64-68 Chestnut Street. 3. TERM The term of this Lease shall be for a period commencing August 1, 2024 until July 31, 2027. This Lease may be renewed for two (2) additional three (3) year periods beginning August 1, 2027. Such option to extend shall be exercised by the Tenant by giving written notice to the City at least six (6) months prior to the expiration of the terms. 4. RENTAL TENANT shall pay to CITY, at CITY's address shown above, or at such other address as CITY may from time to time designate in writing, a fixed annual rental of Thirty-Three Thousand Six Hundred and 00/100 ($33,600.00) Dollars, payable in equal consecutive monthly installments of Two Thousand Eight Hundred and 00/100 ($2,800.00) Dollars, commencing on August 1, 2024, and payable on the first day of each calendar month during the term of this Lease. If TENANT exercises its option pursuant to Paragraph 3 above, the rental amount will be determined as follows: Commencing with the first day of the exercised Renewal Option, the Rent shall be an annual amount equal to Thirty-Three Thousand Six Hundred and 00/100 ($33,600.00) Dollars, increased by the percentage change in the Consumer Price Index (CPI) for the month of July 2027, and the Consumer Price Index (CPI) for the month immediately preceding the month in which the Renewal Option Period commences. The Rent, determined in accordance with this Paragraph shall be payable in equal monthly installments, in advance, on the first day of each month during the Renewal Option Period. As used herein, the Consumer Price Index (CPI) shall mean the Consumer Price Index issued by the U.S. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 Department of Labor for the Northeast Urban Region, Size B/C, or any replacement thereof. If the CPI shall become unavailable to the public because publication is discontinued, or otherwise, Landlord will substitute therefore a comparable index based upon changes in the cost of living or purchasing power of the consumer dollar published by any other governmental agency or, if no such index shall then be available, a comparable index published by a major bank or other financial institution or a university or a recognized financial publication shall be substituted. 5. INSURANCE A. TENANT's Covenants. TENANT hereby covenants and agrees at all times during the original term of this Lease and any renewal term to maintain and keep in force comprehensive general liability insurance against all claims for personal injury, death, or property damage occurring on the Leased Premises with minimum limits of liability of Two Million Dollars ($2,000,000.00) per person, Two Million Dollars ($2,000,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) property damage. TENANT shall furnish certificates of insurance to CITY as the same shall be requested in writing from time to time by CITY. All such insurance policies may be maintained under a "blanket insurance policy" of TENANT. TENANT shall defend, indemnify and save harmless CITY and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or asserted against CITY and/or its agents by reason of any of the following occurring during the Term: (a) any work or thing done on the Leased Premises or any part thereof by or at the instance of TENANT, its agents, contractors, subcontractors, servants, employees, licensees or invitees; (b) any negligence or otherwise wrongful act or omission on the part of TENANT or any of its agents, contractors, subcontractors, servants, employees, subtenants, licensees or invitees; (c) any accident, injury or damage to any person or property occurring in, on or about the Leased Premises or any part thereof, or vault, passageway or space adjacent thereto; (d) any failure on the part of TENANT to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on its part to be performed or complied with. In case any action or proceeding is brought against CITY by reason of any such claim, TENANT upon written notice from CITY shall at TENANT's expense resist or defend such action or proceeding by counsel approved by CITY in writing, which approval CITY shall not unreasonably withhold. B. CITY's Covenants. CITY hereby covenants and agrees at all times during the original term of this Lease and any renewal term to maintain and keep in force comprehensive general liability insurance 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 against all claims for personal injury, death, or property damage occurring on the Leased Premises with minimum limits of liability of Two Million Dollars ($2,000,000.00) per person, Two Million Dollars ($2,000,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) property damage. CITY shall furnish certificates of insurance to TENANT as the same shall be requested in writing from time to time by TENANT. All such insurance policies may be maintained under a "blanket insurance policy" of CITY. CITY shall defend, indemnify and save harmless TENANT and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or asserted against TENANT and/or its agents by reason of any of the following occurring during the Term: (a) any negligence or otherwise wrongful act or omission on the part of CITY or any of its agents, contractors, subcontractors, servants, employees, subtenants, licensees or invitees; and (b) any failure on the part of CITY to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on its part to be performed or complied with. In case any action or proceeding is brought against TENANT by reason of any such claim, CITY upon written notice from TENANT shall at CITY's expense resist or defend such action or proceeding by counsel approved by TENANT in writing, which approval TENANT shall not unreasonably withhold. 6. ASSIGNMENT, SUBLETTING, ETC. TENANT may not assign or sublease or otherwise transfer any interest in the Leased Premises, its operation conducted or to be conducted thereon, or any portion of the Leased Premises without the prior written consent of the CITY, which consent shall be in the sole and absolute discretion of the CITY in each instance. A failure of TENANT to comply with the terms of this paragraph shall be default under paragraph 11 of this Lease. 7. LIENS NOT PERMITTED TENANT shall not, at any time, suffer or permit the attachment to the Leased Premises of any lien for work done or materials furnished in connection with the improvement, maintenance, repair and/or alteration of the Leased Premises by TENANT. If any such lien attached to the Leased Premises and is not discharged or released within sixty (60) days from the date of receipt by TENANT of written notice of same by CITY, CITY may, at its option, pay to the lien claimant the amount of such lien and notify TENANT of such payment, in which event such amount shall be immediately due and payable by TENANT and shall bear interest at the rate of eight percent (8%) per annum; provided, however, that if TENANT desires to contest said lien, TENANT shall furnish to CITY a bond written by a surety company licensed to do business in the state in which the Leased 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 Premises are located or other security satisfactory to CITY for an amount of at least equal to the amount of the lien for the CITY's protection against all loss or expense on account of such asserted lien during the period of contest. 8. USE AND OCCUPANCY TENANT shall use and/or occupy the parking spaces located on the Leased Premises for the parking of motor vehicles and bicycles in a careful, safe and proper manner, and will comply with all lawful requirements of all valid laws, ordinances, rules and regulations of all governmental authorities pertaining to the use and/or occupancy of the Leased Premises. CITY hereby represents that the intended use of the Leased Premises by TENANT is permitted under applicable zoning regulations. 9. SURRENDER OF PREMISES TENANT will deliver up and surrender possession of the Leased Premises to CITY upon the expiration of this Lease, any renewal or extension hereof, or its termination in any way in the condition and state of repair then existing. 10. DEFAULT BY TENANT If TENANT shall fail to pay any installment of rent promptly on the day the same shall become due and payable hereunder, and such failure shall continue for a period of ten (10) days after receipt by TENANT by written notice thereof from CITY, or if TENANT shall fail to keep and perform promptly any other affirmative covenant of this Lease, in accordance with the terms of this Lease and such failure shall continue for a period of thirty (30) days after receipt by TENANT of written notice thereof from CITY, the CITY may avail itself of all remedies available at law or at equity. However, if the non-monetary default cannot with due diligence be cured prior to the expiration of thirty (30) days from the date of TENANT's receipt of the notice provided for above, and if TENANT commences within thirty (30) days after the date to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default, the CITY shall not have the right to declare this Lease terminated by reason of such default. In the event this Lease is terminated, CITY shall use best efforts to mitigate any damages. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 11. WARRANTY OF TITLE BY CITY CITY hereby warrants, represents and covenants to TENANT that: (a) At the time of the execution by CITY of this Lease and until this Lease or other instrument giving constructive notice of this Lease is recorded, CITY is sole owner in fee simple absolute of the Leased Premises; (b) At the time of the execution by CITY of this Lease and until this Lease or other instrument giving constructive notice of this Lease is recorded, CITY has good and marketable fee simple title to the Leased Premises free and clear of all liens and encumbrances except taxes not yet due and payable and other exceptions to title; and (c) CITY has full right and power to execute this Lease and to lease the Leased Premises for the term provided in this Lease. 12.LEASED PREMISES AS PART OF CITY PARKING LOTS Lots A and C are parts of larger parking lots as depicted on Exhibit A attached hereto and made a part hereof (hereinafter "CITY'S Parking Lots"), which CITY'S Parking Lots are situated upon the pieces of property more particularly described on Exhibits B-1, B-2 and B-3, respectively, attached hereto. CITY agrees that no fences or other obstructions prohibiting access to and from the Leased Premises and CITY'S Parking Lots shall be constructed during the original term of the Lease; that TENANT, its tenants, employees, and invitees shall have exclusive parking rights on the Leased Premises; that there are sufficient parking spaces on CITY'S Parking Lots, excluding the Leased Premises to meet the requirements of any laws, ordinances and regulations applicable to CITY's use of the CITY'S Parking Lots; that TENANT, its employees, customers and invitees shall have the non- exclusive rights of ingress and egress in, on and over CITY'S Parking Lots to and from all streets, alleys and across ways adjacent to CITY'S Parking Lots. 13.REPAIRS AND MAINTENANCE CITY agrees to make any and all repairs required to be made to the Leased Premises during the Term of this Lease, all at CITY's own cost and expense and without expense to the TENANT. All such repairs shall be made by CITY promptly and without delay. Repairs as used herein shall mean replacement whenever reasonably necessary. In addition, CITY agrees that it will be responsible for the maintenance of the Leased Premises, including without limitation, snow removal, sanding, ice removal, repaving and striping. CITY agrees to keep CITY's Parking Lots well maintained and in good repair and in a safe, clean and sanitary condition. CITY shall promptly perform all of its obligations hereunder so that Artspace Users have full use 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 of the Leased Premises twenty-four (24) hours per day, seven (7) days per week. 14. LIGHTING OF LEASED PREMISES CITY agrees that the Leased Premises shall be adequately lighted from dusk until dawn daily, the cost of which shall be borne solely by CITY. 15. QUIET ENJOYMENT CITY hereby covenants and agrees that if TENANT shall not then be in default beyond any period for the cure thereof, TENANT shall, at all times during the original term of this Lease and any renewal term, have peaceable and quiet enjoyment and possession of the Leased Premises without any manner of molestation or hindrance from the CITY or any other person, firm or corporation. CITY further agrees that Artspace Users shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week. 16. DEFAULT BY CITY If CITY shall breach any warranty or fail to perform any covenant required to be performed by CITY under the terms of this Lease and such breach or failure shall continue for a period of ten (10) days after receipt by CITY of written notice thereof from TENANT or if CITY shall fail to pay any sums due to TENANT hereunder, and such failure shall continue for a period of fifteen (15) days after receipt by CITY of written notice thereof from TENANT then TENANT may, in addition to any of TENANT's other rights set forth elsewhere in this Lease, (a) cure any default or breach of warranty of CITY hereunder, and perform any covenants which CITY has failed to perform, and any sums expended by TENANT in curing such default or breach of warranty and performing such covenants shall be paid by CITY to TENANT immediately upon demand, shall bear interest at the rate of eight percent (8%) per annum from the date of demand, and may be offset by TENANT against future rentals; (b) bring suit to recover from CITY all sums due TENANT from CITY together with interest at the rate of eight percent (8%) per annum thereon. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 17. TENANT'S SIGNS TENANT shall have the right to install and maintain upon the Leased Premises any signs, pavement markings or other installations which its deems appropriate, expressly including signs indicating that the parking spaces are reserved for Artspace Users. 18. APPROPRIATION CITY agrees that it shall not take or condemn the Leased Premises or any access thereto without providing substitute parking spaces and access reasonably satisfactory to TENANT and any Mortgage Lender. In no event shall the CITY take or condemn the parking spaces situated in Lot A. In the event that ingress to and/or egress from the Leased Premises is in any way blocked or partially blocked as a result of any road construction or other improvements, CITY agrees to make alternative means of ingress and/or egress, as applicable, available to TENANT until such time as such construction or improvements are completed. 19. RELOCATION OF LEASED PREMISES The CITY reserves the right to relocate the parking spaces situated on Lots A and C to different parking spaces located within the same distance from the Property as the existing parking spaces, and subject to the prior approval of TENANT and TENANT's mortgagees. Any costs of relocating such parking spaces, including but not limited to any improvements required to make the replacement parking spaces suitable, any costs of informing TENANT's tenants of such relocation, and any reasonable attorneys' fees incurred by TENANT as a result of any modification to the TENANT's mortgage documents required as a result of such relocation, shall be borne by CITY. 20. FORCE MAJEURE In any case where either party hereto is required to do any act (other than the TENANT'S obligation to commence payment of rent or to thereafter pay rent or additional rent under this Lease), the time for such performance shall be extended by the period of delays caused by fire or other casualty, labor difficulties, shortages of labor, materials or equipment, government regulations or other causes beyond the reasonable control of such party. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 21. APPLICABLE LAW AND CONSTRUCTION This Lease shall be governed by and construed in accordance with the laws of the State of Connecticut. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. 22. ACCESS TO PREMISES BY CITY CITY shall have access to the Leased Premises at all reasonable hours and upon reasonable notice during the original term of this Lease and any renewal terms for the purpose of complying with the terms of this Lease; provided, however, that CITY shall not interfere in any way with the business of TENANT. TENANT shall be permitted to take whatever steps are necessary with the full cooperation of CITY, in order to insure that the parking spaces which are or will be placed upon the Leased Premises are used exclusively by Artspace Users, including but not limited to the erection of signs indicating that the spaces are reserved for Artspace Users. 23. INJUNCTION In addition to all other remedies, CITY and TENANT are entitled to the restraint by injunction of all violations, actual, attempted or threatened of any covenant, condition or provision of this Lease. 24. NON-WAIVER The failure of the CITY or TENANT to enforce any of the rights given to it under this Lease by reason or the violation of any of the covenants in this Lease to be performed by TENANT or CITY shall not be construed as a waiver of the rights of the CITY or TENANT to exercise any such rights as to any subsequent violations of such covenants, or as a waiver of any of the rights given to the CITY or TENANT by reason of the violation of any of the other covenants of this Lease. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 25. HOLDING OVER In the event TENANT remains in possession of the Leased Premises after the expiration of this Lease and without the execution of a new lease, TENANT shall be deemed to be occupying the Leased Premises as a tenant from month to month at a rental equal to the monthly rental provided for herein and otherwise subject to all the conditions, provisions and obligations of this Lease insofar as they are applicable to month to month tenancy. 26. RECORDABLE LEASE CITY agrees that upon request from TENANT, CITY will promptly execute and deliver to TENANT a memorandum or short form lease (hereinafter "Memorandum of Lease"), prepared by TENANT, to be recorded in the Norwich Land Records. 27. CONSTRUCTION OF LEASE Words of any gender used in this Lease shall be held to include any other gender, and words in the singular number shall be held to include the plural, when the sense requires. Wherever used herein, the words "CITY" and "TENANT" shall be deemed to include the heirs, personal representatives, legal representatives, successors, subtenants and assigns of said parties, unless the context excludes such construction. 28. INVALIDITY OF PROVISIONS If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances are other than those as to which it is held invalid or unenforceable, shall not be affected thereby. 29. HAZARDOUS WASTE CITY hereby represents, covenants and warrants to TENANT that to the best of its knowledge and belief (i) CITY has not used the Leased Premises for the storage, treatment, generation, production or disposal or any toxic or hazardous waste, material or substance nor does CITY have knowledge of such use by others; 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 (ii) CITY has not caused or permitted and has no knowledge of the release of any toxic or hazardous waste, material or substance on the Leased Premises or which would affect the Leased Premises; (iii) no event has occurred with respect to the Leased Premises which would constitute a violation of any applicable environmental law, ordinance or regulation; (iv) CITY has not received any notice from any governmental authority or other agency concerning the removal or any toxic or hazardous waste, material or substance from the Leased Premises; and (v) CITY has disclosed to TENANT the location of all underground storage tanks on the Leased Premises (if any). CITY shall provide TENANT with a copy of any and all notices or communications which it receives or has received which suggest that potential environmental problems may exist on the Leased Premises. If any federal, state, county or municipal governmental agency, authority or instrumentality issues or asserts any environmental or other lien, order or decree related to toxic or hazardous wastes, materials or substances on or affecting the Leased Premises and/or the removal or neutralization of any toxic or hazardous waste, material or substance stored, generated, manufactured or disposed of on the Leased Premises and if (a) CITY does not pay, satisfy or remove any said environmental lien on the Leased Premises or commence activity sufficient to comply with said order or decree within thirty (30) days from the date of said environmental lien or issuance of said order or decree, and (b) as a result of said environmental lien, order or decree, TENANT or TENANT's operation of the Leased Premises is adversely affected, then TENANT may terminate this Lease following thirty (30) days written notice to CITY, unless said lien, order or decree is a direct result of TENANT's operations. In the event that (I) the CITY, or any other entity, precludes or initiates environmental remediation activities which preclude the TENANT'S use of the Leased Premises or any portion thereof for more than five (5) consecutive days, or (II) the TENANT terminates this Lease pursuant to the provisions contained in this section, the CITY shall provide substitute paved parking spaces reasonably acceptable to the TENANT and any Mortgage Lender. 30. BROKER CITY represents and warrants that no broker was responsible for this transaction. 31.SERVICE OF NOTICE Notices hereunder shall be in writing signed by the party serving the same and shall be sent by Registered or Certified U.S. Mail, Return Receipt Requested or by overnight courier, postage prepaid, and (a) if intended for TENANT, shall be addressed to: 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 35 Chestnut LLC Attn: 5314-16th Avenue, Unit 218 New York, NY 11204 With copies to: and (b) if intended for CITY, shall be addressed to: City of Norwich 100 Broadway Norwich ,CT 06360 With a copy to: Michael E. Driscoll, Esq Brown Jacobson PC 22 Courthouse Square Norwich, CT 06360 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 or to such other addresses as either party may have furnished to the other from time to time as a place for the service of notice. Any Notice so mailed shall be deemed to have been "given" as of the time said Notice is deposited in the U.S. certified or registered mail or deposited with an overnight courier, and shall be deemed "delivered", "received" or "actually received" or words of similar import upon receipt by the party intended to be given said Notice. 32. ESTATE IN LAND It is the intention of the CITY to create, in favor of TENANT, a leasehold estate in land, which estate shall be vested in TENANT from the date of execution hereof and shall continue for the full original term and all renewal terms of this Lease. Said estate in land shall be subject to divestment only by reason of TENANT's election not to exercise its right of renewal or by reason of the earlier termination of this Lease by one of the parties hereto in accordance with the provisions of this Lease. 33. SURVIVAL OF LEASE COVENANTS The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, legal representatives, successors or assigns, and shall run with the land. 34. EXAMINATION OF LEASE Each party acknowledges that it has relied upon its own examination of this Lease and the provisions hereof, as well as the representatives of its own counsel. The parties acknowledge that this Lease has been prepared by a joint effort of both parties and therefore, there shall be no presumption in favor of either the CITY or TENANT, and this Lease shall not be construed against either party. 35. HEADINGS It is understood and agreed that the headings are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this Lease, nor in any way affect this Lease. 36. ENTIRE AGREEMENT 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 All prior negotiations, representations and understandings regarding the Leased Premises are merged into this Lease which contains the entire agreement between the parties. Any agreement hereafter made shall be ineffective to change, modify or discharge the Lease in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. The submission of any unexecuted copy of this Lease shall not constitute an offer to be legally bound by any provision of the document submitted either currently or in the future; and no party shall be bound by this Lease until it is fully executed and delivered by both parties. -Signature pages to follow- 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 Signed by CITY this day of 2024. WITNESSE S: CITY OF NORWICH By: _ John L. Salomone Its City Manager STATE OF CONNECTICUT ) ) ss: ,2024 COUNTY OF NEW LONDON ) Personally appeared, John L. Salomone, City Manager of the City of Norwich, Signer and Sealer of the foregoing Instrument, and acknowledged the same to be his free act and deed, and the free act and deed of the said City of Norwich, before me. Commissioner of the Superior Court 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 21, 2024 WITNESSES: TENANT: 35 CHESTNUT LLC By: Its Member STATE OF CONNECTICUT ) ) ss: ,2024 COUNTY OF ) Personally appeared the Member/Manager of 35 Chestnut LLC, who acknowledged the foregoing to be his free act and deed and the free act and deed of said limited liability company and limited partnership, before me. Commissioner of the Superior Court Notary Public My Commission Expires: 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 JL ..--·-·····""" ·" -,---··---" .. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 Upon a motion of Ald. Hayes, seconded by Ald. Gould, on a roll call vote it was unanimously voted to put the following resolution introduced by Mayor Nystrom, Pres. Pro Tem DeLucia and Ald. Gould on the floor. Upon a motion of Ald. Hayes, seconded by Ald. Singh, on a roll call vote it was unanimously voted to amend the following resolution to correct the date on the first page of schedule “A” from “November 4, 2014” to “November 4, 2024” Upon a motion of Ald. Hayes, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution. 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 Upon a motion of Ald. Singh, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, the City Manager John L. Salomone has appointed with Council approval as a regular Member to the Harbor Management Commission for a term to expire on December 3, 2025 or until a successor is appointed; Robert Phoenix (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the appointment of the above named to the Harbor Management Commission. Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted, pursuant to Connecticut General Statutes § 1-200 (6) that the members of the Norwich City Council go into Executive Session for the purpose of discussing strategy or negotiations with respect to collective bargaining. City Manager John Salomone, Director of Human resources Robert Scalise, Comptroller Josh Pothier, and Corporation Counsel Michael E. Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. Council and invited attendees reported to Executive Session at 8:00 pm. Upon motion of Ald. Hayes, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to reconvene at 8:14 pm at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Singh, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. Relative to the approval of the Public Works Supervisors, NAGE collective bargaining unit agreement and the related budget changes to fiscal year 2024-25. RESOLVED, Collective Bargaining Agreement between the City of Norwich and Public Works Supervisors National Association of Government Employees (NAGE) (“PW Supervisors”), covering the period between July 1, 2024 through June 30, 2028, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4-474; and further, that the City Manager, John L. Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. RESOLVED, that the following 2024-25 General Fund budget transfers be made related to the settlement of the PW Supervisors’ collective bargaining unit agreement: 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 Budget Department/ Division Org Transfer Needed PW Streets 10430300 6,093 PW Fleet Maintenance 10431300 3,263 PW Building Maintenance 10434700 2,877 Transfer out of Contingency (12,233) Upon a motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to refer the following ordinance to the Commission on the City Plan and schedule a public hearing for December 2, 2024 on the following ordinance introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. AN ORDINANCE APPROPRIATING $800,000 FOR THE PURCHASE OF LAND AND EXISTING BUILDINGS LOCATED WITHIN THE CITY OF NORWICH AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $800,000 is appropriated to fund costs associated with purchasing the land and existing buildings located at 300 Main Street, 13 Arcadia Street and 17 Arcadia Street (collectively, the “Property”) all located in the City of Norwich, Connecticut (the “City”) from Chelsea Groton Bank, or any related affiliate of the bank, including, but not limited to, costs of appraisal, environmental studies, title search and title insurance as may be accomplished within said appropriation provided herein related to the Property, and administrative, consulting, advertising, printing, legal and financing costs to the extent paid therefrom (the “Project”). Said appropriation shall be inclusive of state and federal grants in aide thereof to offset in part the cost of the Project. Section 2. The total estimated cost of the Project is $800,000. The average estimated useful life of the Project is 30 years. The Project is a general benefit to the City and its general governmental and public purposes. Project costs may be paid from grants, bonds and notes issued by the City, or any combination of the foregoing. Section 3. To meet said appropriation, up to $800,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the equipment. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a hank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2- 12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the equipment to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 10. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 21, 2024 qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 11. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Section 12. The Mayor, the City Manager, the Comptroller and any other proper City official are each hereby authorized to apply for and accept any available State or federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith, including the execution of any necessary, appropriate or desirable agreement or document relating to the Project. Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously adjourn at 8:17 pm. City Clerk 38