Environmental Indemnity and Release Agreement
THIS AGREEMENT is made as of the __ day of , 2019 (“Effective Date”) by
and between the City of Nashua, a New Hampshire municipal corporation, with an address of
229 Main Street, Nashua, NH 03061 (“City”) and Larry Kittle, with an address of 166 Amherst
Street, Merrimack, NH 03054, (“Buyer”).
WHEREAS, City acquired L Putnam Street, Tax Map 62, Lot 83 (“Parcel 83”) by deed
of Roland Soucy and Katherine Soucy dated February 12, 1975, and recorded in the
Hillsborough County Registry of Deeds at Book 2389, Page 518;
WHEREAS, Buyer was the highest bidder at a City auction on December 12, 2014, for
two (2) certain tracts or parcels of land located in the City of Nashua, County of Hillsborough
and State of New Hampshire, being more particularly described as 78 Amherst Street, Tax Map
62, Lot 85 (“Parcel 85”) and Parcel 83;
WHEREAS, Buyer paid $75,367.74 plus an auctioneer’s fee of $7,536.77 for a total of
$82,904.51 for Parcel 83;
WHEREAS, by Quitclaim Deed dated January 14, 2015, City deeded the parcels to
Buyer, said deed being recorded in the Hillsborough County Registry of Deeds at Book 8721,
Page 2511;
WHEREAS, Buyer was granted variances by the City’s Zoning Board of Adjustment on
July 28, 2015, and a lot line relocation and three lot subdivision by the City’s Planning Board on
December 3, 2015, to construct three (3) two-family buildings on Parcel 83 and to move the
driveway for Parcel 85;
WHEREAS, on or around December 17, 2016, Buyer notified City that asbestos was
found on Parcel 83 where he recently had started to prepare the land for the new duplexes;
WHEREAS, after inquiry, City discovered that Parcel 83 was listed as “Amherst Street
(Former ADS 258)” Master Id: 59711 (aka “Amherst Street and Putnam Street”) on the publicly
available “Onestop” on-line database of the New Hampshire Department of Environmental
Services as an “Asbestos Disposal Site (Inactive), with a “Preliminary Assessment/Site
Investigation Report” dated November 13, 2007;
WHEREAS, under NH RSA 141-E:2, III, Parcel 83 is an “Asbestos disposal site,” with
asbestos waste buried prior to July 10, 1981, and therefore subject to Administrative Rules Eny-
Sw 2100;
WHEREAS, state rules require disclosure of buried asbestos to potential buyers and
recording notice of the presence of buried asbestos within the chain of title to the property in the
Hillsborough County Registry of Deeds (see Env-Sw 2104.08), which notice was not provided;
