Development of Right of Way Located off of the Veterans Memorial Parkway

Overview
The City of Nashua (the "City") is seeking Request for Proposals ("RFP") from Real Estate Developers to
purchase and develop Right of Way off the Veterans Memorial Parkway, Nashua, NH 03064. The
property is undefined at the moment, but is anticipated to be approximately land between the parcel lines
of L Fairmont and L Hutchinson Streets or 3 parcel IDs of 62-100, 127-131 and 62-102, respectfully. This
land area is generally understood to be the land shown in Attachment A ("the property"). The property is
currently in use as Right of Way and the selected Developer will need to go through the process to
appropriately change its classification and use along with seeking the proper approvals to be able to
achieve the permits and entitlements needed to be able to develop the land.
The Right of Way currently is used for drainage and stormwater retention for the Veterans Memorial
Parkway along with being along with other appropriate public use needed to accommodate the newly
developed parkway.
Currently, the property is zoned C Urban Residence and was raw unimproved land prior to the parkway's
development. To the North is a rail line and this land acted as a buffer between the freight rail and the
residential neighborhood to the South. The City considers this property to be in a premium location that
offers unique residential, mixed-use or commercial development opportunities because of its close
proximity to the Everett Turnpike and the City's Main Street in downtown Nashua and being situated
close to the mill yard.
Local Context and Market:
The property, located within approximately 1 - 2 mile(s) of Exit 6 (Broad Street) off the Everett Turnpike,
a thriving restaurant scene, large recreational amenities such as Mine Falls Park, the Historic mill yard
and relatively new completed Veterans Memorial Parkway surround the land area. The site is close to a
new market-rate multi-family housing development on Franklin Street, known as Loft 34. The property
itself is burdened with being right of way to support the veterans memorial parkway, which includes
assisting with drainage, vegetation management controls, and other ancillary uses. It is further surrounded
by environmentally contaminated land of approximately 40 acres to its North known as the Mohawk
Tannery site. These 40 acres housed the Mohawk Tannery and Fimbel door companies. The land is slated
to become approximately 550 units of differing types of residential development.
In a larger context the land area is part of a redevelopment strategy where the City is in the process of
developing the Nashua River waterfront and the Performing Arts Center under three miles of said
property. The City of Nashua also boasts of five Business Districts comprising of professional services,
retail and high tech manufacturing industries. These employers attract a vast majority of talents that live
or work in the City. Nashua also has a public transit system that is easily accessible across the City. In
2022, the City earned Money Magazine's designation as one of the Best Places to Live because of
employment, dining, entertainment and educational opportunities.
The selected Developer will demonstrate its experience in developing similar properties, which they have
acquired. The Developer should have familiarity with laws and practices applicable to municipal real
estate matters including relevant local land use and zoning.
The City is willing to work with a prospective Developer of the property to develop a mutually suitable
vision and proposal. The City, however, will closely look at submitted proposals and prioritize them
according to their potential to improve or remediate the environmentally contaminated land area
surrounding the property, offer the highest and best use for the subject property itself along with a vision
that will continue to add monetary value and enhance the City overall. The City will expect that the
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potential development creatively assists the city to ensure what public value being provided now by the
subject property is continued or carried through in the redevelopment of the land. The city recognizes that
the subject property is have some contributory value and or some other value that is worth exploring for
the Nashua taxpayer's benefit.
The land has been deemed surplus by the City of Nashua due to the lack of need for the entirety of the
approximate land area, but the City also wants to make explicit that the land area could be used together
with private investment to achieve not only the previously named public accommodations, but the City of
Nashua seeks to put in a multi-purpose pathway along the Veterans Memorial Parkway and some of this
land could contribute to achieve this goal. The City would expect a prospective Developer to incorporate
this vision into their development plan.
Description of Property
Please see Attachment A of the general locus of the subject land. There is no property description at this
time due to the land being used as Right of Way. The selected Developer would need to undertake a
survey and develop a legal description. It is generally understood to be approximate land between the
roadway/sidewalk and the parcel lines previously named above for L Fairmont and L Hutchinson Streets.
Neighborhood Characteristics
The neighborhood of the property is located in the north western area of the downtown district in the City
along Veterans Memorial Parkway. The neighborhood to the south is mainly single family homes and is
known as the "Little Florida Neighborhood" and zoning is classified as residential to the south of the
property. The property itself is zoned "General Industrial" which allows for commercial and heavy
industrial development and use programming. More importantly, the property near the Everett Turnpike
making it an attractive development site. The land has the potential of being the beginning of a master
planned development and the city would welcome an opportunity to explore improvements that would
improve the specific subject land and the surrounding land area. The property's neighborhood life cycle is
unstable due to the environmental challenges that abut the property.
Ownership
The property is currently owned in fee by the City. The property will be transferred by the City via a quit
claim deed to the prospective Developer.
Land Tour and Briefing
It is strongly suggested that interested Developers have a representative present at a briefing session/site
visit on the date and time cited herein. Failure to attend the briefing will not be an excuse for not
submitting all of the required information.
Zoning and Permitting
The property is located in the C Urban Residential zone, which allows for residential development
conditions. Further information about applicable zoning requirements can be found at
https://www.nashuanh.gov/296/Land-Use-Code. Prospective Developers are responsible for examining all
aspects of the property themselves, including applicable federal, state, and local zoning regulations.
Prospective Developers are responsible for determining zoning permitted uses and restrictions affecting
the property.
Available Utilities, Environmental and Subsurface Conditions
Prospective Developers are responsible for determining the adequacy and availability of utilities which
exist within or serve the property, subsurface conditions that exist on the property (including active and
inactive utilities whether documented or not), and environmental conditions or hazardous materials.
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Title Information, Easements, Encumbrances, and Restrictions
Developers are responsible for examining the title to the property at their own expense and prior to
submitting a response. Prospective Developers are responsible for determining the existence of any
encumbrances affecting the property.
Condition of the Property
The property is being sold in "as is where is" condition. It is the Selected Developer's responsibility to
identify, assess, and remediate any contamination as necessary for its proposed development project and
otherwise as required by applicable laws, ordinances, codes, orders, rules and regulations, and the
Selected Developer's will be required to indemnify and hold the City harmless, from and against any and
all environmental liabilities arising from its failure to perform such remediation and other environmental
matters.
Prospective Developers need to make arrangements and work with the City and if necessary the State of
New Hampshire to ensure the stormwater and drainage containment occurring on the property is
mitigated to the satisfaction of all parties that have jurisdiction.
Prospective Developers may do limited inspection and investigation of the property; to the extent it does
not cause material damage to the land/property. Any such inspection of the property shall be subject to
one (1) or more access agreements to be negotiated by the City and the potential Developer, which shall
contain provisions, among others, specifying the scope of permitted investigations, establishing
procedures for notice prior to entry upon the property, and providing for insurance and indemnification
requirements while also returning the land back to its current state. Invasive testing of the property shall
be subject to City prior written consent, in its sole and absolute discretion.
If not conducted prior to the submittal of a proposal, the Prospective Developer, at the Developer's
expense, may complete an investigation of the property, including environmental investigation. Any site
investigation, including without limitation, environmental investigation, if conducted, must be completed
within the Due Diligence Period. The Selected Respondent shall waive its rights to conduct or complete
such investigation if it is not completed within the Due Diligence Period. If requested to do so in writing,
the Selected Respondent shall submit all investigatory test results and reports obtained to the City and/or
its consultants.
Representations
The City makes all of the above information available to prospective developers solely to facilitate
interested Developer's independent investigations, examinations, due diligence reviews and analyses of
the property. The City makes no representation or warranty as to the accuracy, completeness, currency,
and/or correctness of any of the information contained in or furnished pursuant to this RFP.
Minimum Proposal Price
The minimum price has not been set. The current land will need to be appraised and it is the City's
expectation that said agreed upon appraisal will represent a market-based price, which the selected
Developer will be required to use as the purchase price. The City will work cooperatively with the
selected Developer to the appraiser and appraisal methodology will need to be approved by the City.
The City will consider other factors that provide value to the City, such as a development that clearly
demonstrates the ability to create a uniform approach across adjacent parcels in a manner that facilitates
an optimum value to the City.
A letter contained in the sealed envelope, outlining and committing to the above is required. Said letter
should also outline any off-site mitigation that may be necessary due to conceptual planning efforts made.
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General Conditions
A. The City reserves the right to reject any and all proposals when, in its sole opinion, it is in the best
interest of the City to do so. The City also reserves the right to waive minor discrepancies, to permit a
Proposer to clarify such discrepancies, and to conduct interviews with all qualified Developers in any
manner necessary to serve the best interests of the City. The City further reserves the right to
designate a Developer of Record based on written proposals received, without interviews, and to
reject any and all proposals if deemed in the City's best interest to do so.
B. Any fees or other expenses associated with the RFP process are solely the responsibility of
Developers.
C. The City makes no representations or warranties, expressed or implied, as to the accuracy and/or
completeness of the information provided in this RFP.
D. Each Proposer shall be responsible for investigating the condition of the property and the City's title.
The Mayor, Board of Aldermen, , and the City's employees, agents, representatives and contractors
make no warranty or representation whatsoever as to the condition of the property or its suitability for
any particular purpose, or the title thereto.
E. Proposals shall be deemed to be public records as determined by the City under RSA 91-A, the state's
"Right to Know" law. .
Communications
All inquiries about this RFP, including requests for clarification or any additional information, must be
submitted in writing to the email address and contact as cited below.
No requests or questions will be accepted after the deadline as cited below. The Proposer must provide
the name, address, telephone number, and email address of the person to whom such additional
information should be sent.
Responses to questions shall be issued in writing as an Addendum(s) to this RFP. No oral
communications may be relied upon. Please note, if a Proposer does not sign the appropriate and
applicable addenda there proposals will be disqualified.
Access to City Records
Developers seeking a copy of the Nashua Zoning Ordinance may obtain it at the City of Nashua's official
municipal website at this link: https://www.nashuanh.gov/296/Land-Use-Code
Requests for specific information about the property should be directed in writing to the below email
address for questions not to individual City departments. The City does not attest or certify to the
accuracy of available data.
Project and Development Objectives
The property is frontage to a major new roadway that brings you to the historic millyard and allows you
to enter the downtown. The City views this land as a key welcoming opportunity to the city's inner-core
economy critical for the region and municipality's success. Specifically, the City views the land as a
location for uses that support mixed-use development and economic ripple effects toward expanding the
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economic vibrancy of the downtown and millyard. Economic ripple effects should not be overlooked. As
economic ripple impact is crucial, so is the ability to generate tax revenue from the highest and best use of
the site. Proposals which expand taxation opportunities are considered more favorable. Proposals that
assist in the remediation of the plagued abutting land while also incorporating a master planned
development into their proposals will be looked upon more favorably. Partnerships with Federal, State
and City governments, in this regard, are considered as supportive of this objective.
A proposal must be supported by a company that has proven experience to proceed to completion of a
viable project. Projects which create housing and/or mixed use programming are considered favorable.
Programming that does not generate housing and/or mixed use programming along with a lack of new
visitors nor investment in the community, are not considered as positive for this site. If a proposal does
not offer future property tax revenue and the highest and best use of the land is not achieved the proposal
will not be viewed as favorable.
While the revenue associated with a sale of the Land is important, more important is the long term
viability of the site to support the local economy; therefore, the City favors proposals that meet the above
guidance and longterm economic benefits versus the highbidder proposal. Selected proposals will also
offer drainage and stormwater mitigation.
Acceptable Project Types
The City has a strong preference for development proposals that exceed the requirements below:
A) Development of the land, and, if possible, adjacent parcels, to form an economic gateway to the
City in a form and manner that meets new urbanism principles and the below objectives.
B) A Project that maximizes density and tax revenue.
C) Cleans-up the environmentally sensitive land both on the subject land and abutting properties
D) Mitigates Stormwater/Drainage issues with the subject land
Development Objectives
The prevailing proposal must take into consideration the City's development objectives, which
include:
1. Maximize Development Potential
The Prospective Developer shall make all efforts to expand development beyond the subject
parcel by including neighboring properties to expand the favorable economic impacts of the
proposal to the greatest extent possible. Proposals which incorporate abutting parcels and have
agreements with those land owners for a complete development of the area, are more favorable.
2. Development of a Multi-purpose Path
The City expects the Prospective Developer to provide a Multi-purpose Path. The vision has
always been to have a multi-purpose path run the length of the corridor from Broad Street to Pine
Street and the city wants to utilize this opportunity to achieve this community goal
3. Coordination with Public Properties
The City will work with the proposer to facilitate access to adjoining parcels for any properties
that are within the public domain. Proposals that clearly articulate the requirements for additional
properties within the public domain, shall be considered more favorable.
4. Taxation Return to City
The City favors uses that provide the greatest return for real estate taxes. Proposals that maximize
the development potential as cited above and create a high value taxable project, while providing
additional taxation benefits, are more favorable.
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5. Community Entrance Identity, i.e. "Gateway"
The City views the site as a key welcoming opportunity to the economy of the downtown, and
municipality as a whole. The location of the site as gateway to the downtown is a focal point,
which warrants a proposal that takes full advantage of this locational benefit. Proposals which
provide the highest economic benefit to meet this objective are more favorable.
6. Environmental Clean-up
The City favors proposals that cleans up the environmental contamination on the land and
adjacent property. Proposals that outline a vision to clean-up these negative environmental
impacts of the area will be looked upon more favorable.
7. Mitigate Impacts
Proposals which demonstrate an effort to fit into the current built environment and do not
overburden the existing infrastructure that service the site including, but not limited to proposals
that do not substantially generate new traffic movements, predominantly within peak AM and PM
periods, are considered more favorable.
8. Complement & Enhance neighborhood Architecture
Proposals which complement or enhance the neighborhood architecture will be considered more
favorable.
9. Schedule
Proposals which demonstrate a development schedule which facilitates an expeditious
development and a history of on-schedule projects are considered more favorable. Consideration
shall be given to the scale and complexity of the development proposals, when compared to each
other, and the above criteria.
10. Financial Capacity
Proposals for uses that a Prospective Developer can demonstrate capacity to execute will be
viewed more favorable
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Instructions to Developers
Proposal Submission Requirements
Developers must submit a complete proposal in order to be considered responsive to this RFP. Failure to
complete the enclosed forms, to answer any questions, or to provide the required documentation will be
deemed nonresponsive, and will result in rejection of the proposal, unless the City determines that such
failure constitutes a minor informality.
A complete proposal shall include all of the following documents and shall be organized in the following
manner:
Tab dividers must match the tab letter designations in the RFP, and should appear in the order given in
the RFP.
Proposal Format
Cover Letter with the following tabbed exhibits:
If the development proposed is by a separate developer then attached to the cover letter shall be a letter from the
prospective developer indicating that there is an agreement in place to facilitate the use of the property in a larger
development proposal than the property itself.
Cover Letter Outlining Development Proposal: Stating project goals, approach to meeting
development objectives.
Tab A. Proposal Form (Form 1)
Tab B. Price Proposal Form (Form 2) (In a Separate Sealed Envelope) As indicated above, the
proposer may provide an alternate means for alternate valuation, based on criteria above
and should enumerate a commitment to pay the appraised market value
Tab C. Comparable Experience Form (Form 3)
Tab D. Proposer's Qualifications Statement
* A summary of the Developer's organization and experience; resumes of principals; a list
of references for
o at least three recently completed projects;
o a financial statement; and a disclosure of any liens, foreclosures, bankruptcies, or
other actions that would interfere with construction financing or delay the timely
progress of the project.
o Developers with prior experience acquiring and redeveloping Land must identify
the project(s) and provide one or more references from the city or town from
which the Land was purchased.
o A written narrative should be provided to demonstrate the ability to perform as
proposed along with prior experience relevant to the proposal. The resumes and
relevant experience of the development team members for similar projects should
also be included.
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Tab E. Technical Proposal
* A conceptual site plan and building elevations of the Project proposed by the Developer,
including preliminary specifications, amenities and finishes, landscaping plans, and
parking plans, project amenities, and other planned improvements to the Land, sufficient
to clearly communicate the development proposal. The proposal should be sufficiently
detailed to enable the City to understand the Proposer's plan for the property.
o A narrative should be included describing any proposed improvements that are
not easily depicted on drawings. Sufficient information should be presented on
the volume and type of traffic generated and any offsite improvements needed
within public streets.
* The technical proposal shall account for the Proposal's Evaluation Criteria and all
applicable provisions of this RFP that apply to the Development Team and the
responsibilities of the Developer of Record.
o The plan may include parcels outside of the subject property. If additional
properties are intended to become part of the proposals, then a letter certifying
that there is a valid agreement between the land owner and proposer for the sale
of the Land must be included. For developments/improvements that are within
the public domain, a letter to the City requesting access to the Land must be
included.
Tab F. Proposed Project Schedule & Project Budget including Sources and Uses of funds The
Proposer shall submit a Project Schedule that accounts for all major milestones for the
Project, e.g., execution of Disposition Agreement, financing, permitting, design, closing,
construction, marketing and sales, so that the Project shall be commenced and completed,
and the use occupied as soon as possible.
Tab G. Financial Qualifications Form (Form 4)
Which may include the following:
Balance Sheet or Personal Financial Statement for the company or principals.
Copy of 2017 and/or 2018 Tax Return
Copy of bank or brokerage statement for company or principals
Commitment letter or line of credit from a lender
Tab H. Certification as to Payment of Taxes (Form 7)
Tab K. Corporate Resolution, if a Corporation Or Authorization to Submit Proposal (Form 8)
Expectation Proposed Owner/Developer upon Selection
Purchase and Sale Agreement
Not later than sixty (60) days from the date that the selected Proposer receives notice from the City that
the proposal has been accepted, the Proposer must execute a Purchase and Sale with the City. At the time
the Purchase and Sale Agreement is executed, a non-refundable deposit of a percentage of the purchase
price, in the form of a certified check or money order, shall be payable to the City.
The Purchase and Sale Agreement shall incorporate, at minimum, the terms and conditions cited in the
document provided and any items negotiated by the successful Proposer and the City's designated
representative, provided such negotiated items are not inconsistent with this RFP. If the parties fail to
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execute a Purchase and Sale Agreement within sixty (60) days of notice of award, the City may select the
next most beneficial offer. However, for good cause and when it is in the City's best interests to do so, the
60day period for executing the Purchase and Sale Agreement may be extended, subject to written
approval by the City. Closing shall occur within thirty (30) days of receipt of all permits, including the
expiration of any associated appeal periods. However, the closing shall not occur unless and until the
Proposer has obtained suitable financing, in an amount and form adequate, in the City's judgment, to
complete the Project.
Proposal Evaluation Process & Review Criteria
All proposals received by the deadline will be considered in accordance with this RFP and City
purchasing ordinances and policies by the City. Only those proposals which satisfy the minimum criteria
will be reviewed and ranked under the "Competitive Evaluation Criteria" below.
Final designation of the Prospective Developer of Record will be made by the City, considering the
criteria set forth below. Interviews with Developers meeting the minimum evaluation criteria (or some
subset of such Developers selected by the Mayor and/or the Disposition Committee) may be conducted at
the discretion of the City, and the City reserves the right to retain any consultants to assist with reviewing
the proposals.
Following the proposal review process, interviews and reference checks and receipt of any additional
information requested of the Developers, the City will identify the most beneficial proposal from
submitted proposals. The City will notify all Developers in writing of the decision.
Minimum Criteria for Responsible and Responsive Proposals
Proposals must meet the following minimum criteria to be considered responsible and responsive to this
RFP:
The Proposal must be complete and conform to all submission requirements set forth in this RFP and any
Addendum to this RFP issued before the submission deadline. Failure to provide the requested
information in the proposal will result in the determination that the proposal does not meet the minimum
criteria.
Competitive Evaluation Criteria
Proposals meeting the minimum criteria for submission will be judged on the following competitive
evaluation criteria:
A. Concurrence with Development Objectives (as outlined above)
1. Highly Acceptable: A proposal that in the judgment of the evaluators meets and exceeds all of the
development objectives, as cited and provides specific verifiable information that demonstrates a
consistency with those objectives in a manner that is supported by the proposed use and detailed
supporting documentation.
2. Acceptable Rating: A proposal that in the judgment of the evaluators meets the majority of the
development objectives as cited and provides information that demonstrates a consistency with those
objectives in a manner that is supported by the proposed use and supporting documentation.
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