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construction, maintenance, replacement and operation of said sewer, embankments, drainage
structures, slope protection and appurtenant facilities”.

WHEREAS the property encumbered by the Sewer and Drainage Easement is located at
39 Swart Terrace and is currently owned in fee by Michael Richard Paradis and Melania Marcu
(the “OWNERS’) by virtue of a deed dated August 17, 2020 and recorded with the Hillsborough
County Registry of Deeds in Book 9335, Page 1819.

WHEREAS LIBERTY desires to obtain from the OWNERS, and OWNERS are
desirous of granting to LIBERTY, a ten (10) foot wide easement (the “Gas Easement Area’)
over their property located at 39 Swart Terrace (“Property”) for the installation of a gas line, a
portion of which will cross the Sewer and Drainage Easement. said gas easement being shown
on a Plan entitled: Easement Plan for Liberty Utilities in Nashua New Hampshire (Hillsborough
County), 39 Swart Terrace, Map 48 Lot 27 over the land of: Michael R. Paradise & Melania
Marcu, June 17, 2021, and recorded in the Hillsborough County Registry of Deeds as Plan
# __ (the “LIBERTY Easement Plan”).

WHEREAS LIBERTY wishes to enter into an agreement with NASHUA to allow
LIBERTY the right to install, maintain, repair and replace a gas line in a portion of the Sewer
and Drainage Easement as depicted on the LIBERTY Easement Plan, and to be installed at teast
five (5) feet north of the existing sewer line (the “Encroachments”).

NOW THEREFORE, the parties hereby agree as follows:

l. NASHUA agrees and consents to the construction and maintenance of the
Encroachments and use of a portion of the Sewer and Drainage Easement by LIBERTY as
shown on the LIBERTY Easement Pian; such consent is not to be deemed a waiver of any of its
rights under the Sewer and Drainage Easement.

2. NASHUA and LIBERTY agree to use their best efforts to cooperate in said joint
use and to use their best efforts to provide each other, when requested, with engineering and
surveying plans, maps or information necessary or helpful in locating or determining rights of
the other.

3. NASHUA and LIBERTY agree to provide notification to each other prior to
beginning construction and/or performing any maintenance within the Sewer and Drainage
Easement.

4, LIBERTY agrees that in the event that NASHUA ever determines, in its sole
discretion, it is necessary to construct, maintain, repair, remove, relocate or replace any
NASHUA facilities within or to be placed within the Sewer and Drainage Easement, and should
such work require the permanent or temporary relocation of the Encroachments in whole or
part, NASHUA shall provide at least one (1) year’s prior written notice to LIBERTY and such
relocation shall be done by LIBERTY or its agents or subcontractors at the sole cost and
expense of LIBERTY. Notwithstanding the foregoing, if an emergency situation precipitates the
need for such relocation, then NASHUA shall notify LIBERTY immediately and the parties shall

cooperate in good faith to agree upon a timeline for LIBERTY to complete such relocation,
which shall in all events be as soon as is reasonably possible under the circumstances. If any
relocation of the Encroachments shall be necessary, NASHUA shall provide an alternative
location for the Encroachments within the Gas Easement Area, subject to LIBERTY’s approval,
not to be unreasonably withheld, conditioned or delayed. All notices sent to LIBERTY pursuant
to this Agreement shall be directed to the following address:

Liberty Utilities (EnergyNorth Natural Gas) Corp.
ATTN: Gas Engineering

130 Elm St

Manchester, NH 03101

5. This agreement shall be binding upon and inure to the benefit of the parties and
their heirs, successors, legal representatives, and assigns. This agreement shall run with the title
to the Property.

6. LIBERTY hereby agrees to indemnify and hold NASHUA harmless from and
against any and all liabilities, damages, claims, costs and expenses, including reasonable
attorney’s fees and court costs, which may be imposed upon or asserted against NASHUA
arising from or in any way connected with. the Encroachments or arising in any way from
this agreement, except to the extent the same arise from the negligence or willful misconduct of
NASHUA, its agents, employees or contractors.

7. LIBERTY also hereby agrees to, indemnify and hold NASHUA harmless and
accepts all risks of loss associated with respect to the Encroachments, as a result of constructing
the Encroachments. NASHUA shall not in any way, be liable or responsible to reimburse
LIBERTY for the Encroachments, damage to the Encroachments, replacement cost or otherwise,
except to the extent the same arises from the negligence or willful misconduct of NASHUA, its
agent, employees or contractors. The construction and use of the Encroachments ts at
LIBERTY’s own risk of loss, which risk is accepted by LIBERTY.

8. This Agreement shall be interpreted in accordance with the laws of the State of

New Hampshire. The parties agree that any action arising from or relating to this agreement
shall be filed in the Superior Court of Hillsborough County, New Hampshire.

This Agreement and Consent to Joint Use and any amendments thereto shall be recorded
at the Hillsborough County Registry of Deeds.

[Remainder of Page Left Intentionally Blank; Signature Page Follows]

EXECUTED by the parties the day and year first above written.

CITY OF NASHUA

Mayor James W. Donchess, duly authorized

Mayor’s authority pursuant to R-21-xxxx approved by the Nashua Board of Alderman on
XXXXXKXX.

State of New Hampshire
County of Hillsborough } ss.

The foregoing instrument was acknowledged before me on this day of

, 2021, by James W. Donchess, Mayor of the City of Nashua, a New
Hampshire municipal corporation, on behalf of the municipality.

Notary Public

Printed Name
My Commission Expires:

LIBERTY UTILITIES
(ENERGYNORTH NATURAL GAS) CORP.

Neil Proudman, President, duly authorized
State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
, 2021, by Neil Proudman, President. Liberty Utilities (EnergyNorth Natural
Gas) Corp. on behalf of said corporation.

Notary Public

Printed Name
My Commission Expires:

Michael Richard Paradis

Melania Marcu

State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
2021, by Michael Richard Paradis.

Notary Public

Printed Name
My Commission Expires:

State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
2021, by Melania Marcu.

Notary Public

Printed Name
My Commission Expires:

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-169
PURPOSE: Authorizing the City of Nashua to enter an Agreement and

Consent to Joint Use with Liberty Utilities and making a
supplemental appropriation of $38,394

ENDORSERS: Alderman Patricia Klee

Budget Review Committee

COMMITTEE Planning Board
ASSIGNMENT: Board of Public Works

FISCAL NOTE: Supplemental appropriation of money received by Liberty
Utilities for a specific purpose.

ANALYSIS

This resolution authorizes the City of Nashua to enter into an Agreement and Consent to Joint
Use with Liberty Utilities. As this includes a modification to an casement granted to the City,
Charter $77 provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on all focations for proposed municipal building and facilities,
including educational, [and] on the purchase and sale of any land by the city.”

This legislation also appropriates $38,394 of F¥2022 unanticipated revenue from Public Works
Administration and Engineering ~ Miscellaneous Revenue into Public Works Administration and
Enyineering — Construction Services. This represents a one-time payment from Liberty Utlities
to cover the City’s cost to reline the existing drain line in the area of 39 Swart Terrace, where the
new vas main will be installed. Charter Sec. 53 permits specific non-budyget. supplementary
appropriations. There should be notice and a public hearing. A two-thirds vote 1s required under
Charter Sec. 56-b for an item or amount not in the mayor’s budget. A roll call is required under
Charter Sec, 49,

This resolution should be referred to the Board of Public Works.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: _/s/ David G. Fredette
Approved as to form: Office of Corporation Counsel

By: /s/ Dory Clarke

Date: September 8, 2021

NEVER TOO LATE TO VACCINATE
Get up-to-date. Get boosted.

603-589-3456

R-21-170

RESOLUTION

RELATIVE TO THE APPROVAL OF THE IMAGINE NASHUA 2021 MASTER PLAN

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

WHEREAS, the Nashua City Planning Board previously adopted a Master Plan for the
entire City which was enacted into law by the Board of Aldermen by resolutions in December
1985 and in December 2001 pursuant to the City Charter;

WHEREAS, the Nashua City Planning Board and City Administrative Staff have
undertaken a comprehensive revision of the 2000 Master Plan to produce the Imagine Nashua
2021 Master Plan;

WHEREAS, pursuant to the Nashua Revised Ordinances and the statutes and laws of the
State of New Hampshire, the Nashua City Planning Board will hold a public hearing on
September 23, 2021, as required by law, for the Imagine Nashua 2021 Master Plan;

WHEREAS, it is anticipated that the Nashua City Planning Board, pursuant to Charter
Section 77(g), Chapter 16 of the Nashua Revised Ordinances and New Hampshire Revised
Statutes Annotated (RSA Chapter 674), will duly adopt the Imagine Nashua 2021 Master Plan on
September 23, 2021; and

WHEREAS, pursuant to the City of Nashua Charter Section 77(g), the adopted Master
Plan must be approved by the Board of Alderman for enactment into law by resolution.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the Imagine Nashua 2021 Master Plan is hereby adopted, as approved by the Nashua
City Planning Board on September 23, 2021. Said Imagine Nashua 2021 Master Plan shall
supersede the 2000 Master Plan.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-170

PURPOSE: Relative to the approval of the Imagine Nashua 2021 Master
Plan

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Planning and Economic Development Committee

FISCAL NOTE: None.

ANALYSIS

Under RSA Chapter 674 and Charter Section 77(g) the Planning Board formulates the Master
Plan but under Charter Section 77(g) it does not take effect unless adopted by resolution or
ordinance. This resolution would approve the Master Plan anticipated to be adopted by the
Planning Board on September 23, 2021.

Approved as to form: Office of Corporation Counsel

By: VeenBe (ate
pate: 8 Sepevelorn 201

A Special Meeting of the Board of Aldermen was held Wednesday, September August 8, 2021, at 7:00 p.m. in the
Aldermanic Chamber and via Zoom teleconference which meeting link can be found on the agenda and on the City’s
website calendar.

President Lori Wilshire presided; Legislative Affairs Manager Donna Graham recorded.

Prayer was offered by Legislative Affairs Manager Donna Graham; Alderman June M. Caron led in the Pledge to the
Flag.

Let’s start the meeting by taking a roll call attendance. If you are participating via Zoom, please state your presence,
reason for not attending the meeting in person, and whether there is anyone in the room with you during this meeting,
which is required under the Right-To-Know Law.

The roll call was taken with 12 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M. Caron,
Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman Jan Schmidt, Alderman
Skip Cleaver (via Zoom), Alderman Linda Harriott-Gathright, and Alderman Wilshire.

Alderman Benjamin Clemons, Alderman Ernest Jette, and Alderman Brandon Laws were recorded absent.
COMMUNICATIONS

From: Susan Lovering, City Clerk

Re: Certificate of Sufficiency - Citizens Initiative Petition Proposing to Amend the Charter Relative to the Nomination
and Confirmation of Appointments to the Nashua Board of Police Commissioners

President Wilshire accepted the communication, placed it on file, and scheduled a public hearing on Thursday,
September 16, 2021 at 7:00 p.m. in the aldermanic chamber.

From: Tim Cummings, Economic Development Director
John Griffin, Chief Financial Officer

Cheryl Lindner, Chief of Staff
Re: Vision for usage of ARPA Funds & Guiding Principles

President Wilshire accepted the communication and placed it on file.
PRESENTATION

American Recovery Program Act (ARPA)

President Wilshire to recognize Mayor Donchess.

Mayor Donchess

Thank you Madam President. So we as you know have received an allocation of American Rescue Plan Funds or
“ARPA’ as it is sometimes referred to. We have an allocation of $8,000,000 per year for two years for a total of $16
million. Now there are regulations and guidance which restrict our use of the funds so we want to make sure that we use
the funds in a way that is consistent with those regulations. Now what we have for you tonight is a presentation as to
several ways that we think we could allocate the money with the underlying idea that we would like to do something that
makes a significant impact on the community in one area or another rather than kind of just spreading everything around
that we really don’t see much of a concrete result. So you'll see several approaches that we could use to make a
significant impact in areas that we think would benefit the city.

Of course, ultimately it is the Board of Aldermen that is required to approve the allocation of the funds so we obviously
will want to work with you closely as to how we should go about this or what approach you think might make the most
sense. One thing that is in all three — we’re going to give you three different alternatives. Of course they can be
adjusted. The one thing that’s in all of them is that there is $1.2 million in year one that would go for revenue
replacement for the deficit in the school lunch program caused by the fact that the school lunches have been free for the