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of this Agreement. Without limiting the generality of the foregoing, this release includes all
matters arising out of or in connection with the transfer of title of Parcel 83 from the beginning
of time to the Effective Date of this Agreement, including, but not limited to any and all claims
which could have been set forth regarding asbestos on the parcel.

4. Parcel 83. The parties agree that Parcel 83 was transferred to Buyer “As is and
Where is” and “With All Faults” and City made no representations or warranties regarding the
absence or presences of environmental hazards, including but not limited to chemicals, solid
waste, hazardous waste, and hazardous substances, including but not limited to asbestos, which
may be on, in, or under Parcel 83, and City makes no representations or warranties regarding the
compliance of prior uses on or present conditions of Parcel 83 under applicable federal, state and
local environmental laws.

Buyer acknowledges that he has been given the opportunity to make a reasonable
investigation of the prior uses and existing conditions of Parcel 83 and that City has made a good
faith disclosure of such prior uses and existing conditions of which City is aware, including but
not limited to suppling all written reports prepared for the City regarding Parcel 83. The “caveat
emptor” motive applied to its purchase, Buyer understands his obligation to inspect Parcel 83
and is willing to continue owning Parcel 83 in fee “AS-IS.”

5. Specific Release of Environmental Claims by Larry Kittle.

A. As used herein, “Environmental Laws" includes the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq.,
as amended; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et seq., as
amended; the Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq., as amended; the Clean Water Act
("CWA"), 33 U.S.C. 1251 et seq., as amended; the Occupational Safety and Health Act
("OSHA"), 29 U.S.C. 655 et seq., and all rules and regulations promulgated pursuant to any of
the above statutes, and any other federal, state, local or municipal laws, statutes, regulations,
tules or ordinances imposing liability or establishing standards of conduct for protection of the
environment.

B. Buyer hereby agrees to release, hold harmless, indemnify and defend City and its
officers, employees, officials, representatives, agents and assigns, and from any and all claims,
demands, and causes of action of whatsoever nature, including without limitation, all claims,
demands, administrative actions and causes of action for contribution, indemnity, strict liability,
or negligence, assessment, fines, penalties, or fault of any kind, on the part of City, and also
including without limitation, any judgement or settlement, all costs expenses, and attorneys’ fees
and costs paid by or incurred by City in defending or that in any way relate to or arise out of any
alleged noncompliance under any Environmental Laws including natural resources damages
whether asserted by any natural person, government, or any other entity or organization.

6. No Admission. The parties agree that any consideration given or paid with respect
to this Agreement is in compromise of disputed claims and that the giving or payment of
consideration in exchange for the general release of claims is not, and will not be construed as,
an admission of liability or wrongdoing on the part of any party, which deny any liability or

Environmental Indemnity and Release Agreement
Page 3 of 6

wrongdoing as to each and every claim which has been or which may have been asserted against
it.

7. Covenant Not to Sue. The parties acknowledge that bringing any action in any
venue for claims released in Paragraphs 2, 3 and 5 above will be a breach of this Agreement and,
the parties covenant not to bring any such claims. In the event that any party does bring an action
in violation of this Agreement, the lawsuit or claim will be immediately dismissed; and,
notwithstanding the fact that the terms of this Agreement shall otherwise remain in full force and
effect, the party that initiated the legal action will pay to the other party all of the costs, expenses,
and attorney fees incurred in defending against such a lawsuit or claim.

8. Consultation with Counsel. In executing this Agreement, the parties acknowledge
that they have been advised to consult with counsel, and that they have executed this Agreement
knowingly, voluntarily and without undue influence or duress. The parties expressly consent to
each and every term and provision of this Agreement.

9. Integration Clause; Amendment, Governing Law. This Agreement contains the
complete, final, and exclusive embodiment of the entire understanding between the parties. This
Agreement is entered into without reliance on any promise, representation, agreement or
understanding, oral or written, between and among the parties relating to the subject matter of
this Agreement, other than those expressly contained herein. No amendment of this Agreement
shall be valid or effective unless made in writing and executed by the parties hereto subsequent
to the Effective Date of this Agreement. This Agreement shall be enforced in accordance with
the laws of the State of New Hampshire, and the Parties agree that any litigation to enforce the
provisions of this Agreement will take place in the Superior Court, Hillsborough Southern
District, New Hampshire. In the event of litigation regarding this Agreement, the parties
expressly submit to the jurisdiction of the state courts located in New Hampshire.

10. Costs and Fees. Except as specifically set forth herein, the parties will bear their
own costs, expenses, and attorneys’ fees, whether taxable or otherwise, incurred in or arising out
of or in any way related to the matters released herein.

11. Construction. The parties acknowledge that they each had an equal opportunity to
control the language in this Agreement, and that this Agreement was mutually drafted. The
parties agree that in no event shall this Agreement be presumptively construed against any party.

12. Severability. If any portion of this Agreement is void or deemed unenforceable
for any reason, the remaining portions shall survive and remain in effect, with any necessary
modification to become a part hereof and treated as though contained in this original Agreement.

13. | Countersignatures. This Agreement may be signed in counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute but one and
the same instrument.

Environmental Indemnity and Release Agreement
Page 4 of 6

PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES
A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.

CITY OF NASHUA, a New Hampshire municipal corporation

By:
Name: James W. Donchess
Title: Mayor

Date:

BUYER

Larry Kittle
Date:

Environmental Indemnity and Release Agreement
Page 5 of 6

Exhibit A

CHAIN OF TITLE NOTICE OF ASBESTOS WASTE

Pursuant to the requirements of RSA 141-E:23, IV and 40 CFR 61.151(e), notice is hereby provided that
asbestos-containing waste materials are disposed of on the property identified below.

The disposal site is subject to state and federal regulations, including but not limited to 40 CFR part 61,
subpart M and rules adopted pursuant thereto, as amended, and RSA 141-E and rules adopted pursuant
thereto in Env-Sw2100, as amended. The requirements include but are not limited to: cover and access
control requirements; restrictions regarding the excavation or other disturbance of the waste; other activity
and use restrictions necessary to maintain the integrity of the cover; monitoring and maintenance
requirements; and certain recordkeeping, reporting, notification, and disclosure requirements. For additional
information, contact the:

New Hampshire Department of Environmental Services

29 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095
(603) 271-3644

Property Location:

L Putnam Street, Tax Map 62, Lot 83, City of Nashua, County of Hillsborough, Sate of New Hampshire
Current Property Owner(s) & Signature(s):

Larry Kittle, of 166 Amherst Street, Merrimack, NH 03054

Deed reference: Hillsborough County Registry of Deeds, Book 8721, Page 2511, dated January
14, 2015

Signature: Date: , 2019
Print Name: Larry Kittle

Environmental Indemnity and Release Agreement
Page 6 of 6

Board of Aldermen — 3/22/16 Page 2

RESPONSE TO REMARKS OF THE MAYOR

Alderman Lopez

| also attended the walk to raise heroin awareness. |’d also like to add that the movement was so successful in
Nashua that they have already been organizing another walk in Concord which has over 130 people committed
to it in a span of about eight hours. | like to think that is an indication that our community is now leading the
region to address issues that address the whole region. | am particularly proud of that. Then also as a counter
point to Mayor Donchess’ comment about the Cultural Connections Committee, the Cultural Connections
Committee elected two co-chairs, Lavonne Colon and Jean Adie. Rafael was nominated to be the Vice Chair
pending his appointment by this committee. So he is well known to the Cultural Connections Committee and
has done a lot in raising health awareness in minority communities.

RECOGNITION PERIOD

MOTION BY ALDERMAN SIEGEL THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE
FIRST READING OF A RECOGNITION RESOLUTION RECEIVED AFTER THE AGENDA WAS PREPARED
MOTION CARRIED

R-16-024
Endorsers: Mayor Jim Donchess
Board of Aldermen
RECOGNIZING AND CONGRATULATING DIAB “DODY” EID
Given its first reading;

MOTION BY ALDERMAN SIEGEL THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE
SECOND READING OF R-16-024
MOTION CARRIED

Resolution R-16-024 given its second reading;

MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF R-16-024
MOTION CARRIED

Resolution R-16-024 declared duly adopted.
READING MINUTES OF PREVIOUS MEETING
MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN

MEETING OF MARCH 8, 2016, BE ACCEPTED, PLACED ON FILE, AND THE READING SUSPENDED
MOTION CARRIED

COMMUNICATIONS

MOTION BY ALDERMAN MORIARTY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Len Fournier, Superintendent, Woodlawn/Pinewood Cemeteries
Re: Request for Joint Convention with Woodlawn Cemetery Board of Trustees

MOTION BY ALDERMAN MORIARTY TO ACCEPT, PLACE ON FILE AND THAT THE BOARD OF
ALDERMEN MEET IN JOINT CONVENTION WITH THE WOODLAWN CEMETERY BOARD OF TRUSTEES
ON TUESDAY, APRIL 12, 2016, AT 7:30 PM IN THE ALDERMANIC CHAMBER

MOTION CARRIED

APPOINTMENTS BY THE MAYOR

FEBRUARY 26, 2019

Board of Assessors

Mary Lou Blaisdell, Alternate (Reappointment) Term to Expire: April 24, 2021
32 Webster Street

Nashua, NH 03064

Cultural Connections Committee

Suzanne Harvey (New Appointment) Term to Expire: March 1, 2022

8 Crawford Lane
Nashua, NH 03063

| respectfully request that these appointments be confirmed.

Jim Donchess
Mayor

A special meeting of the Board of Aldermen was held Tuesday, February 19, 2019, at 6:30 p.m. in the
Aldermanic Chamber.

President Lori Wilshire presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderwoman Mary Ann Melizzi-Golja led in the Pledge
to the Flag.

The roll call was taken with 12 members of the Board of Aldermen present; Aldermen Ken Gidge and Richard A.
Dowd were recorded absent; Alderman Tom Lopez arrived after roll call at 6:35.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.

President Wilshire welcomes everyone and introduces the following individuals to offer remarks in
remembrance of Alderman-at-Large Brian S. McCarthy

President Wilshire

| have called the meeting tonight to honor a friend and a colleague, Brian S. McCarthy. | would just like to
say what a great audience we have here this evening, a lot of business people, a lot of former Aldermen
and colleagues, friends of Brian’s. Thank you. And most importantly, his wonderful family. Brian served
his community with dedication and passion, he loved Nashua. He did, he loved Nashua almost as much as
he loved his family. And we all knew that just knowing Brian, how he was, he handled himself, he was
confident, he was brilliant, | can’t say enough about Brian. But | am not going to do all the talking tonight
because | know there is a lot more to be said around the horseshoe and in the back of the room. Thank
you all so much for being here to honor Brian. | am going to ask the Mayor if he would like to say a few
words.

Mayor Donchess

Yes of course Madam President. Well | would certainly want to welcome everybody to City Hall tonight, all
friends and I’m sure close friends and supporters and fellow co-workers with Brian McCarthy. When | was
in City Government before, | left office before Brian was elected to the Board of Aldermen, so | didn’t know
him personally until | served for a little while on the Board of Aldermen and then for several years as Mayor.
I’m so glad that we have Brian’s family, Kim and Gloria and John here today, just to see again how much
he was valued here in the community.

| have to say that on a personal level, especially while | was Mayor, Brian and | would meet every Friday,
usually before, every two Fridays before an Aldermanic meeting. Of course | found working with him a
great pleasure; he always had very smart, constructive thoughts about what was going on in the City and a
lot of insight into many of the issues that we faced. | think | benefited from being able to talk with him in
those bi-weekly meetings about the issues that we were trying to address really together. He would often
sometimes refer to things that happened with the family at different times, of course, he always spoke of
you with great warmth and pride in his children, | can surely guarantee that.

We all know that Brian accomplished a great deal for the City and many people will speak to that. The two
things that really, the things that really struck me the most, although he was involved in many things were
first of all his dedication to education and to schools here in Nashua. And as we all know, he was
instrumental in making sure that the two high schools were completed, two schools of which the City is still
very proud. And his dedication to the downtown was really unparalleled. He was a supporter of the
Performing Arts Center, of everything that is going on downtown. The trolley we had and many, many
other things, his insights again regarding downtown. His knowledge regarding other downtowns and the
other communities he visited in applying those lessons to us in Nashua were always very, very enlightening
and always very interesting and again, just showed the deep insight that he had.

Special Board of Aldermen 02-19-2019 Page 2

So | just want to say that | miss him, | know others miss him very deeply as well and | do have something, |
think now is maybe the appropriate time. | wanted to give Gloria a key to the City so if you could come up,
I’d love to present that to you.

President Wilshire
I'd like to recognize Donnalee Lozeau if she wouldn’t mind coming forward. There is a mic right there.
Donnalee Lozeau

Well what a strange way to have to come back, you know | wish we were here instead celebrating with
Brian and not about Brian. But when | heard that there was recognition for tonight | just wanted to be part
of it. | first met Brian when he was running for Alderman in my Ward, he was my Ward Alderman. And then
we would bump into each other in the hallways because our kids went to school together so parent’s night,
| almost always saw him. And | remember Brian for much of the same things that the Mayor was saying
and all of you.

Madam President you served with him for a long time around this horseshoe, a few people, you know Brian
used to be the soothing elixir between former President Bolton and myself at our monthly meetings which
wasn’t an easy job for anybody. But that was the thing about Brian. He had this way about him where he
could know what was coming and find a way to get through it to get done what needed to be done. And |
probably called Gloria more times than she wants to tell anybody looking for Brian to say — Ok here’s what |
am thinking, what do you think? And | appreciated that he was kind enough to be candid without being
rude or hurtful in what he would say or advise.

Probably my favorite Brian McCarthy story is around Pennichuck Water. As you know Brian was dedicated
to that for a very long time and many approaches had been taken to try to figure out how to make that
happen. Brian was really great about talking to us about how to move the ball forward, but was happy to
step back when it needed to be done a different way, encouraging and that sort of thing. But! won’t ever
forget that we signed the Pennichuck Agreement in the Mayor’s Office right after the Veteran’s Day Parade.
And seeing Brian and his expression, | have this great photograph of the group of us that were there
signing it, passing around the same pen, you know as corny as it sounds and then a great shot. And Brian
said to me — This day for always will be one of the best days.

And that was the other part about Brian is that he shared success with everybody. He didn’t need to be the
guy that made it happen, he was happy behind the scenes, if he had to be in front of the scenes, you know
he would do that too. As his family knows in talking about him and what he could do, he got an awful lot
done in a short period of time. | mean 25 years feels like a long time, but when you look back about what
happened in that period of time for the City, it’s really quite extraordinary. | like to say all of us, particularly
elected officials, you meet all kinds of people in your life and some people you learn what not to be like
from, some you learn to strive to be like and others are just kind of that glue that holds things together. And
Brian was that kind of guy, he was smart, thoughtful, kind; | used to say — You are a good government guy
and when | retire and start a new party called the Good Government Party, you are one of my first calls.
And then I’d say to him — But sometimes politically you are a little too clever for your own good. And he got
great fun out of that, didn’t he.

But anyway so thank you for extending to me an opportunity to share some of my thoughts about President
McCarthy. To me he will always be President McCarthy for my time with him. Thank you and like the rest
of you, you miss him but people like that, they are just never far from your thoughts and that is what keeps
him with us. So thanks again.

Special Board of Aldermen 02-19-2019 Page 3
PRESIDENT WILSHIRE

Thank you. Alderman O’Brien did you want to say a few words about your friend Brian?
Alderman O’Brien

Thank you Madam President and it is with much prejudice because | consider myself honored to be know
the gentleman and to be considered part of his cohorts of friends and shenanigans and | see many other
friends out here in the audience and remember many great times with Brian.

But | look at him in his political career, you know, we had some great captains of our ships and former
Mayor Lozeau and our current Mayor Donchess and others in the past, but Brian probably filled the role
basically as the navigator of that ship; steering in proper directions and looking at the many different things
that had the common good within this community. That’s what | liked about him, taking the City and
bringing up ideas of looking at the Pennichuck purchase; looking at the different schools that were built
under his particular time. Basically | consider, you know, the ancient Egyptians would build pyramids for
their memory to live on forever, but Brian in a way did. And we look at some of the efficacies that he has
done and some of the influences that he led the City to make it exactly where we are.

We have been voted Number 1 in this country for the City to live in and | think Brian had a big impact as
well as others with that. And so therefore | say to his family, | miss him too and | know you guys do — we
will miss him together. But | tell you, | look around this City and the greatness of this City and | will see
Brian every day. And | mean that, thank you.

Alderwoman Melizzi-Golja

Yes thank you. | first met Brian 15 years ago when | was on the Board of Ed. Our conversations revolved
around two things; buildings which has continued in the 15 years we worked together and science
education. Even when the topic of the evening wasn’t science education, at some point during the evening,
our conversation would turn to science education. Sometimes in geeky ways because of things we both
heard on NPR as we were driving home from work that night and it was like — Oh did you hear that? And
we would compare our views of whatever it was that we had listened to.

In the last ten years as a member of the Board of Aldermen, we’ve worked on obviously many projects and
| came to count on him for historical insight as well as his technical knowledge and knowledge of the people
involved and knowledge of the community. We share a very deep interest in the Arts and the development
of the City and science education. And also cooking and many nights our conversation would end up
revolving around the latest spice we had tried and how we prepared it and what we were making.

So Brian, as others have mentioned, had a way of making everyone feel included, and he lent his insight
and his interests into doing what was best for the City. As | listened to the Prayer tonight | very quickly
wrote down some words; justice, charity and betterment for all. And | think that really captures how he
approached his work in the City of Nashua. It was not about self-promotion but about doing what was right
and promoting the City. Thank you.

Attorney Bolton

Thank you Lori. For most of my adult life I’ve been in elected or appointed office in the City of Nashua. I’ve
met a lot of public servants in that time; all of the Aldermen for the past 35 years or so, and the Mayors,
Governors and Senators. Brian McCarthy was the best public servant I’ve ever met, would ever hope to
meet. Circumstances, events the situations we find ourselves in, they can’t be prime the way a number can
be prime. Circumstances and situations are the product of many things, many events that have gone
before, the contributions of many people. So while we can say that Brian worked on a lot of good things for
our City, we can’t really know if we would still have two of the best high schools in the State that his
leadership ensured were constructed on time and millions of dollars under budget.

Special Board of Aldermen 02-19-2019 Page 4

We can’t be certain that without his steering the course we would have acquired the Pennichuck Water
System which will ensure lower water rates now and for future generations. We cannot know for sure that
we would have had water protection legislation, wetlands protection legislation, the economic development
initiatives that are working to keep our City strong and vibrant.

But it is certain that without Brian’s contribution for the last 25 years, that Nashua would be a different place
and | know it would not be a better place. | am proud to have called Brian my friend; the 12 years that |
worked in this Chamber with him were the most satisfying for me in my public life. | will miss him.

Police Commission James Tollner

| will be brief; | would say that Brian was probably as people have had the smartest politician | have ever
seen. | don’t even think of him as a politician, | think of him as a servant of the City. You know as one of
the Founding Fathers you look at what they did in the beginning and as Donnalee had mentioned, he
wasn’t one that grabbed an issue and wanted attention for it. VWWhat he basically wanted to do was grab the
issue and do the best thing for the City and the citizens. You know there are a number of things that we
did, whether it be the high school or Pennichuck and people that worked on that, when it came time to get
the picture taken, they’d probably be in front. Brian was the type of guy that he said — Hey everybody else
get in front and I'll stay on the side.

| served with him for 14 years and | would say some of those Boards were pretty tumultuous at times to say
the least. Sometimes you wanted to crawl under your chair and disappear. But he was always the steady
hand, he always did what was right for the City. He did what was right regardless of where you were in the
City. You know, whether you were in a position of wealth or if you were in a position of looking for support.
The other thing if you had a chance to attend his services, he loved his family as much as he loved the City.
And damn did he love the City. The stories that the kids brought, you know, | never knew he did all those
different things. But | appreciate the opportunity to speak. The City has had a loss but | think as Steve
said, everywhere you go in the City, there are things there that, you know, it is kind of like that movie with
Jimmy Stewart around Christmas time. | forget the name of, Wonderful Life, okay? Brian McCarthy was
Jimmy Stewart in that movie. If he had disappeared and he wasn’t here, what would the City look like? And
we are better for him being in the City. Thank you.

President Wilshire

Thank you Jim. | have one final thing to read, it is from Alderman Dowd who went to be with his daughter
who is having a baby this week. So he was unable to be here but | told him | would read his words into the
record:

“?’m sorry that | can’t be with all of you tonight to celebrate the life of my good friend and colleague Brian
McCarthy. | am out of town celebrating my third grandchild and my daughter Emily’s first child. Brian and |
go back several years, long before | served with him on the Board of Aldermen. My youngest daughter and
Brian’s twins, John and Kim, were in the Nashua High band together and as parents we served on the
Nashua High School Band Booster’s Group to support our children. | became good friends over the years
with Brian, his wife Gloria and his children and attended many an event together. We also shared a very
close group of friends who will also miss Brian very much. Brian was one of the smartest people | have
ever known and know how passionate he was about his many interests, including electronics, space,
rockets, air shows, ham radio, astronomy and politics and of course, computers. | don’t how he found the
time for all of those past times and activities; anyone else would have tired in pursuit of all those activities
year after year, activities that he lovingly shared with his wife and children and his many friends. Brian was
a very hard worker and solved many complex problems as all his friends can attest, whether it was taking
pictures of an eclipse with his automated camera setup or firing a very large rocket into the waiting sky.
Brian also has a compassion for the City of Nashua and spent more hours than you can imagine working to
make Nashua a better place to live. Much of what | know in several subject areas are because of working
so closely with Brian; | just hope | can be some small part in the success of his latest project such as the
Middle School Project, the Performing Arts Center and the return of Commuter Rail.