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(a)

(b)

(c)

(d)

(e)
(f)

(g)

(h)

(i)

()

The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.

There are no unrecorded outstanding pending or threatened liens, claims, rights of
first refusal, licenses, or encumbrances against or affecting the Premises, which
have not been disclosed to Buyer in this Agreement.

There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of
the Premises, which have not been disclosed to Buyer in this Agreement.

Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.

There are no leases of any portion of the Premises.

Seller has no knowledge of any pending or threatened litigation that may
adversely affect the transfer of the Premises hereunder or materially affect the
value of the Premises.

Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any
such condemnation, requisition or taking has been received by the Seller and no
such condemnation, requisition or taking is threatened.

Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused
the same to be released into the environment or discharged, placed or disposed of
at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the
current activities of other unit owners. To the best of Seller’s knowledge, the
Premises complies in all material respects with all applicable federal and state
environmental laws and regulations. Seller has not received any written notice
from any governmental authority or any written complaint from any third party
with respect to its alleged non-compliance with, or potential liability under, any
environmental laws and regulations.

There are no rights of first refusal or options to purchase associated with the
Premises.

Seller has authority to enter into this Agreement and will provide necessary
authority documents at the Closing.

These representations shall survive the Closing.

Other than the representations contained above and the warranty of the proposed
Warranty Deed, Seller makes no representation or warranty as to fitness, merchantability,
condition or use of the Premises for any particular purpose as the Premises is sold “AS-IS”.

9. DEFAULT AND REMEDIES. In the event that Buyer defaults in the performance of its
obligations hereunder, Seller shall be entitled to retain the Deposit, if any, as reasonable
liquidated damages.

10... CONDITIONS SUBSEQUENT TO CLOSING. The parties hereby agree and
acknowledge that Buyer is purchasing the Premises from Seller to construct a roadway to access
anew school. The parties further agree that Buyer does not need nor want the entire Premises
for the proposed roadway, but as a result of the design and layout of the new roadway, the
Premises shall be subdivided into three (3) distinct parcels: (1) the roadway, (2) portion north
of the Toadway; a and c&) portion south of the Toadway. As consideration Of Seller te close, at oF

°

Subsequent t to the > desien and construction of the voadway. Buver
and Seller agree that each will fully cooperate and take all necessary and advisable actions to
adjust the lot line between Seller’s land at 34 Buckmeadow Road, Parcel ID OOQOOC-00350,
Map/Lot C-350 (“34 Buckmeadow”) and the Premises to include in 34 Buckmeadow the portion
of land north of the roadway which the City, in its sole discretion, has determined is surplus
subject to Buyer’s reserved rights of easement over that property for slopes, drainage and

establishment of drainage ponds with notice OF aie “weessormcn tebe escordeg aie

hereto _as_Exhibit_A_and_convey_pursuant_thereto. Buyer shall also convey a single point
driveway access to the new road to Seller for the property to be reconveyed to Seller after
Closing, location to be determined by Buyer. The transfer of all land located northerly of the
proposed new road layout from Buyer shall occur following approval of a plan creating the new
roadway and reflecting the consolidation of the remaining portions of the Premises with the
abutting properties no later than six (6) months after the substantial completion of construction of
the proposed roadway.

With regard to the property southerly of the roadway Buyer covenants that for a period of twenty
(20) years Cynthia Landry shall hereby receive an exclusive right of first refusal to purchase said
property in the event that Buyer elects to sell or transfer said property. This covenant shall run
with the land, be binding on heirs and assigns and be included in the deed of transfer. For the
same twenty (20) year period the City shall not permit any construction or development within or
of this area, including but not limited to, a park or recreational area of any kind.

Buyer further commits that the contemplated new road will be named “DiAntonio Drive.”

The provisions of this section shall survive the Closing.

11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has
dealt with any real estate broker, agent or salesperson in connection with this transaction. Each
party agrees to defend, indemnify, and hold the other harmless from any claims, costs,

judgments, or liabilities of any kind advanced by persons claiming real estate brokerage fees
through the indemnified party. The indemnities set forth in this Section shall survive closing.

12.

13.

14.

15.

PERSONAL PROPERTY INCLUDED. N/A. Land only.

ADJUSTMENTS, PRORATIONS AND CLOSING COSTS.

(a)

(b)

(c)

Real Estate taxes, assessments, special assessments, rents, water bills, sewer,
utilities and condominium association fees, shall be prorated as of the Closing,
and the Selling price shall be adjusted accordingly.

All recording fees for the deed of conveyance will be paid by the Buyer.
Recording fees for any necessary discharges will be paid by the Seller from the

closing proceeds.

Seller and Buyer shall pay their own attorney’s fees.

CONDEMNATION. In the event of the taking of all or any part of the Property by
eminent domain proceedings, or the commencement or bona fide threat of the commencement of
any such proceedings, prior to Closing, Buyer shall have the right, at Buyer’s option, to
terminate this Agreement by giving written notice thereof to Seller prior to Closing. If Buyer
does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any
awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at
Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds to
be paid or to become payable after Closing by reason of any taking. Seller shall notify Buyer of
eminent domain proceedings within five (5) days after Seller learns thereof.

GENERAL PROVISIONS.
(a) Entire Agreement. All representations, statements, and agreements heretofore

(b)

(c)

made between the parties are merged in this Agreement, which alone fully and
completely expresses their respective obligations, and this Agreement is entered
into by each party after opportunity for investigation, neither party relying on any
statement or representation not embodied in this Agreement made by the other or
on its behalf.

Modification. This Agreement cannot be changed, amended, or modified in any
way except by an instrument in writing, executed by the party or parties to be
charged with the change, amendment, or modification.

Notices and Requests. Any notice, request, instruction, or other document given
or required to be given hereunder shall be in writing, and shall be deemed given
when hand-delivered or deposited in the mail by registered or certified mail,
postage pre-paid, to the parties at the following address, or as at such other
addresses as the parties by like manner shall notify each other from time to time:

TO BUYER:

(d)

(e)

(f)

TO SELLER: Rachel M. and James L. Tebbetts
37 Indian Rock Road
Nashua, New Hampshire 03063

Joyce and Richard L. St. Pierre
2559 E. Elmwood Street
Mesa, Arizona 85213

Cynthia Landry
38 Buckmeadow Road
Nashua, New Hampshire 03062

City of Nashua
Attn: Steven Bolton, Esquire
229 Main Street
Nashua, NH 03060

Binding Effect. This Agreement shall be binding upon and for the benefit of the
parties hereto and their respective legal representatives, successors, heirs, and
assigns.

Severability. If any term or provision of this Agreement, or the application thereof
to any person or circumstance, shall to any extent, be held invalid or
unenforceable by any court of competent jurisdiction, then the remainder of this
Agreement or the application of such term or provision to any other than those to
which it is held invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforced to the fullest
extent permitted by law.

Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New Hampshire.

16. STATUTORY NOTIFICATIONS. Pursuant to Section 477:4-a of the New Hampshire
Revised Statutes Annotated, the SELLER provides the following notifications to the BUYER.

(a)

(b)

RADON GAS. Radon gas, the product of decay of radioactive materials in rock
may be found in some areas of New Hampshire. This gas may pass into a
structure through the ground or through water from a deep well. Testing can
establish its presence and equipment is available to remove it from the air or
water.

ARSENIC. Arsenic is a common groundwater contaminant in New Hampshire
that occurs at unhealthy levels in well water in many areas of the state. Tests are
available to determine whether arsenic is present at unsafe levels, and equipment
is available to remove it from water. The Buyer is encouraged to consult the New
Hampshire Department of Environmental Services private well testing

recommendations (www.des.nh.gov) to ensure a safe water supply if the subject
property is served by a private well.

(c) LEAD PAINT. Before 1977, paint containing lead may have been used in
structures. The presence of flaking lead paint can present a serious health hazard,
especially to young children and pregnant women. Tests are available to
determine whether lead is present.

By virtue of the execution of this agreement, BUYER hereby acknowledges receipt of the
foregoing Notification Regarding Radon Gas, Arsenic, and Lead Paint.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.

SELLERS:
Witness Rachel M. Tebbetts
Witness James L. Tebbetts
Witness Joyce B. St. Pierre
Witness Richard L. St. Pierre
Witness Cynthia Landry
BUYER:
CITY OF NASHUA
By:
Witness James W. Donchess, Mayor

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SETTER.
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COUNTY OF

a a ee ee ee 8

SPECIAL BOARD OF ALDERMEN
FEBRUARY 9, 2021

6:45 p.m.

Meeting is being conducted remotely in accordance with Governor’s Emergency Order #12
pursuant to Executive Order 2020-04

Join Zoom Meeting: https://us02web.zoom.us/j/8923 1454969 ?pwd=dj AZNXcwbFd4Y VppTUVyeFlrSGInUT09
Meeting ID: 892 3145 4969 Passcode: 946427

Join by phone: 1-929-205-6099
Meeting ID: 892 3145 4969 Passcode: 946427

If there is a problem accessing the meeting, please dial 603-821-2049 to advise.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK SUSAN LOVERING
PLEDGE TO THE FLAG LED BY ALDERWOMAN SHOSHANNA KELLY

ROLL CALL

PRESENTATION

Administrative Services

ADJOURNMENT

From: Sarah Marchant, Community Development Division Director
Re: Proposed clarification to Land Use Code 190-40 Conservation Subdivision

From: Lori Wilshire, President Board of Aldermen

Re: Calling a Special meeting of the Board of Aldermen relative to a presentation on Administrative
Services at 6:45 p.m. on February 9, 2021

From: Lori Wilshire, President Board of Aldermen

Re: Calling a Special meeting of the Board of Aldermen relative to a nonpublic session at 6:15 p.m. on
February 24, 2021

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING

9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
PETITIONS
NOMINATIONS, APPOINTMENTS AND ELECTIONS

10. REPORTS OF COMMITTEE

Budget Review Committee. ...... 0.0... cc ceecee cece eee ee eee e teeta eee a eee ane ee ea ene eeeiae 01/25/2021
Committee on Infrastructure... 0... e eect e eee e ae ee reese ee ee eee nett eens eee eeeee 01/27/2021
Pennichuck Special Water Committee. ......... 0... cece eee eee cece eee ee eee eee eaeeeae 02/02/2021
Finance Committee. ....... 2... ccc cceececeeceneee eee eee ee eee eeeeee eee eeeeeeeeeeeeraegeeeeaees 02/03/2021

11. CONFIRMATION OF BOARD OF ALDERMEN’S APPOINTMENTS
UNFINISHED. BUSINESS — RESOLUTIONS

R-21-105
Endorsers: Mayor Jim Donchess
Alderman Patricia Klee
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Skip Cleaver
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS
NOT TO EXCEED THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
($1,500,000) TO PURCHASE TWO NEW ENGINE PUMPER TRUCKS FOR THE FIRE DEPARTM ENT

e Budget Review Committee Recommends: Final Passage

R-21-106

Endorsers: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE

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