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TERM HISTORIC PRESERVATION EASEMENT
THIS TERM PRESERVATION EASEMENT DEED , made this day of
, 20 , by and between ("Grantor") with a
principal place of business at , and
("Grantee") with a principal place of business at
.
PURPOSE
This Easement is granted pursuant to New Hampshire RSA 477: 45-47 as well as RSA
227-M to assure that the architectural, historic and cultural features of the , in
, New Hampshire, will be retained and maintained in substantially t heir
current or better condition for conservation and preservation purposes for the term of this
Easement.
WITNESSETH:
WHEREAS, Grantor is owner in fee simple of certain real property located in
, New Hampshire, more particularly described in Legal
Description of Property (Exhibit A) attached hereto and incorporated herein (hereinafter
"the Property"), said Property including the following improvements:
[list improvements]
WHEREAS, Grantor and Grantee wish to guarantee the preservation of the historical
character and architectural qualities of the Property, as provided in N.H. RSA 477:45-47
and to impose "preservation restrictions" on said site and improvements as that term is
used in N.H. RSA 477:46; (hereafter "the Act");
WHEREAS , the Building stands as a significant example of
[style of architecture] in New Hampshire, illustrates aesthetics of
design and setting, and possesses integrity of materials and workmanship;
WHEREAS, the Building stands as a physical symbol of the civic heritage of the
community of [TOWN] and the State of New
Hampshire;
WHEREAS , because of its architectural, historical, and cultural significance the Building
was listed in the National Register of Historic Places on
[Date] under Section 170(h)(4)(B) of the Code;
WHEREAS, Grantor and Grantee recognize the architectural, historical, cultural and
community values (hereinafter "preservation values") and significance of the Property, and
have the common purpose of preserving the aforesaid preservation values and significance
of the Property;
WHEREAS , the Property’s preservation values are documented in a report, drawings, and
photographs (hereinafter “Baseline Documentation”) incorporated herein by reference as
Exhibit C, which Baseline Documentation the parties agree provides an accurate
representation of the Property as of the effective date of this grant. In the event of any
discrepancy between the two counterparts produced, the counterpart retained by Grantee
shall control;
WHEREAS , the Baseline Documentation (Exhibit C) shall consist of the following:
LCHIP Baseline Documentation Form and photographs showing general exterior
elevations, significant architectural details and physical condition of the building;
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WHEREAS, the grant of a preservation easement by Grantor to Grantee on the Property
will assist in preserving and maintaining the Property and its architectural, historic, and
cultural features for the benefit of the people of the
[Town], the State of New Hampshire, and the United States of America;
WHEREAS , to that end, Grantor desires to grant to Grantee, and Grantee desires to
accept, a preservation easement (hereinafter, the "Easement") in gross in for a term of [term]
years on the Property pursuant to the Act.
NOW, THEREFORE , in consideration of receiving an LCHIP grant described more
completely in Project Agreement (Exhibit B) attached hereto and incorporated herein, the
Grantor hereby grants and conveys to the Grantee, with warranty covenants, a preservation
easement for a term of [term] years on the Property described in Legal
Description of Property (Exhibit A) and pursuant to Section 170(h) of the Code and as
provided by N.H. RSA chapters 477:45-47.
PURPOSE; GRANT OF RIGHTS
1. In addition to the grant of the easement described herein, the Grantor
expressly grants to the Grantee all rights necessary to assure that the architectural,
historical, and cultural features of the Property will be retained and maintained in their
current or better condition for preservation purposes and to prevent any use or change of
the Property that will significantly impair or interfere with the Property's preservation
values.
GRANTOR'S COVENANTS 2. Grantor's Covenants: Covenant to Maintain . Grantor agrees at all times
to maintain the Buildings in the same or better structural condition and state of repair as
that existing on the effective date of this Easement. Grantor's obligation to maintain shall
require replacement, rebuilding, repair, and/or reconstruction by Grantor whenever
necessary but subject to the casualty provisions of paragraphs 7 and 8 to preserve the
Buildings in substantially the same structural condition and state of repair as that existing
on the date of this Easement.
All work shall be undertaken in accordance with The Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 C.F.R. 68 as
these may be amended from time to time (hereinafter the "Secretary's Standards"). 2.1 Grantor's Covenants: Prohibited Activities . The following acts or uses are
expressly forbidden on, over, or under the Property, except as otherwise conditioned in this
paragraph:
(a) the Buildings shall not be demolished, removed, or razed except as provided in
paragraphs 7 and 8;
(b) no action shall be undertaken which would adversely affect the structural soundness
of the Building;
(c) nothing shall be erected or allowed to grow on the Property which would impair the
visibility of the Property and the Buildings from street level;
(d) no other buildings or structures, including, but not limited to satellite receiving dishes
(small rooftop dishes excluded), camping accommodations, or mobile homes, shall be
erected or placed on the Property hereafter except for temporary structures required for the
maintenance or rehabilitation of the Property, such as construction trailers;
(e) the dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is
prohibited on the Property;
(f) the Property shall not be divided or subdivided in law or in fact and the Property shall
not be devised or conveyed except as a unit;
(g) no above-ground utility transmission lines, except those reasonably necessary for the
existing Buildings, may be created on the Property, subject to utility easements already
recorded;
(h) subject to the maintenance covenants of paragraph 2 hereof, the following features
located within the interior of the Building, shall not be removed, demolished, or altered:
interior plaster and stenciling.
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(i) in accordance with RSA chapter 227-M:14, notwithstanding any other provision of
law relating to the disposal of publicly-owned real estate, no deviation in the uses of any
resource asset acquired under the program to uses or purposes not consistent with the
purposes of RSA chapter 227-M shall be permitted;
(j) the sale, transfer, conveyance or release of any resource asset from the public trust is
prohibited except as provided in RSA 227-M:13. 2.2 Grantor’s Covenants: Covenant of Stewardship. Grantor agrees to submit
on an annual basis (in keeping with the date of conveyance of this Easement), a
stewardship report to the Grantee, detailing all physical work, undertaken on the property
both on the exterior and the interior of the historic structure over the course of the previous
year, as well as any stewardship development activities and any changes to the stewardship
plan for the property.
GRANTOR'S CONDITIONAL RIGHTS 3. Conditional Rights Requiring Approval by Grantee . Without the prior
express written approval of the Grantee, which approval may be withheld or conditioned in
the sole discretion of Grantee, Grantor shall not undertake any of the following actions:
(a) increase or decrease the height of, make additions to, change the exterior construction
materials or finishes of, or move, improve, alter, reconstruct, or change the facades
(including fenestration) and roofs of the Building;
(b) erect any external signs or external advertisements except: (i) such plaque permitted
under paragraph 19 of this easement; (ii) a sign stating solely the address of the Property;
and (iii) a temporary sign to advertise a special event or the sale or rental of the Property;
(c) make permanent substantial topographical changes, such as, by example, excavation
for the construction of roads and recreational facilities; and
(d) change the use of the Property to another use. Grantee must determine that the
proposed use: (i) does not impair the preservation values of the Property; and (ii) does not
conflict with the Purpose of the Easement. 3.1 Review of Grantor's Requests for Approval. Grantor shall submit to
Grantee for Grantee's approval of those conditional rights set out at paragraph 3
information (including plans, specifications, and designs where appropriate) identifying the
proposed activity with reasonable specificity. In connection therewith, Grantor shall also
submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to
monitor such activity. Upon written request for such permission submitted by the Grantor,
the Grantee shall act upon such request within 30 days of the receipt thereof; and if such
request for permission is not denied in writing, such request shall be deemed approved and
such permission shall be deemed granted. Grantor shall not undertake any such activity
until approved by Grantee. Grantee reserves the right to consult with governmental
agencies, nonprofit preservation organizations, and/or other advisors deemed appropriate
by the Grantee, concerning the appropriateness of any activity proposed under this
easement. Grantor shall make no change or take any action subject to the approval of
Grantee unless expressly authorized in writing by an authorized representative of Grantee.
It is further agreed that whenever the consent of Grantee is required or requested, Grantor
shall bear the reasonable costs of Grantee's review and Grantor agrees that the costs for
Grantee's review shall include reasonable architectural fees and Grantee's reasonable
administrative expenses in processing Grantor's request. 4. Standards for Review. In exercising any authority created by the
Easement; to review any construction, alteration, repair, or maintenance; or to review
casualty damage or to reconstruct or approve reconstruction of the Building following
casualty damage, Grantee shall apply the Secretary's Standards. 5. Public Access. Grantor shall make the Property and interior of “the
Buildings" accessible to the public during regular operating hours. At other times deemed
reasonable by Grantor persons affiliated with educational organizations, professional
architectural associations, and historical societies shall be admitted to study the property.
Grantee may make photographs, drawings, or other representations documenting the
significant historical, cultural, and architectural character and features of the property and
distribute them to magazines, newsletters, or other publicly available publications, or use
them to fulfill its charitable and educational purposes.
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GRANTOR'S RESERVED RIGHTS6. Grantor's Reserved Right to Permit Archaeological Investigations. The
Grantor reserves the right to permit archaeological investigations on the property after
receiving written approval from the Grantee. Prior to permitting any such investigations,
Grantor shall send written notice to the New Hampshire State Archaeologist (or other
person or agency then recognized by the State of New Hampshire as having responsibility
for archaeological resources) for review and comment, and to the Grantee, such notice
describing the nature, scope, location, timetable, qualifications of investigators, site
restoration, research proposal, and any other material aspect of the proposed activity. The
Grantor and Grantee shall request the State Archaeologist (or other person or agency, as
above) to consider the proposal, to apply the standards as specified in rules implementing
RSA 227-C:7 (Permits Issued for State Lands and Waters), as it may be amended from
time to time, and to provide written comments to the Grantor and Grantee. The Grantee
may, in its sole discretion, approve the proposed investigations only if it finds that: (i) the
archaeological investigations shall be conducted by qualified individuals and according to
a specific research proposal; (ii) the proposed activities will not harm state or federally
recognized rare, endangered, or threatened species; and (iii) the proposed activities will not
be materially detrimental to the purposes of this Easement. 6.1 Grantor's Reserved Rights Not Requiring Further Approval by Grantee.
Subject to the provisions of paragraphs 2, 2.1, 2.2 and 3, the following rights, uses, and
activities of or by Grantor on, over, or under the Property are permitted by this Easement
and by Grantee without further approval by Grantee:
(a) the right to engage in all those acts and uses that: (i) are permitted by governmental
statute or regulation; (ii) do not substantially impair preservation values of the Property;
and (iii) are not inconsistent with the Purpose of this Easement;
(b) pursuant to the provisions of paragraph 2, the right to maintain and repair the
Buildings strictly according to the Secretary's Standards. As used in this subparagraph, the
right to maintain and repair shall mean the use by Grantor of in-kind materials and colors,
applied with workmanship comparable to that which was used in the construction or
application of those materials being repaired or maintained, for the purpose of retaining in
good condition the appearance and construction of the Buildings. The right to maintain and
repair as used in this subparagraph shall not include the right to make changes in
appearance, materials, colors, and workmanship from that existing prior to the maintenance
and repair without the prior approval of Grantee in accordance with the provisions of
paragraphs 3 and 3.1;
(c) the right to continue all manner of existing use and enjoyment of the Buildings,
including but not limited to Town Meetings consistent with the Purpose of this Easement;
and
(d) the right to conduct at or on the Property educational and nonprofit activities that are
not inconsistent with the protection of preservation values of the Property.
CASUALTY DAMAGE OR DESTRUCTION; INSURANCE 7. Casualty Damage or Destruction. In the event that the Buildings or any
part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth
movement, or other casualty, Grantor shall notify Grantee in writing within fourteen (14)
days of the damage or destruction, such notification including what, if any, emergency
work has already been completed. Grantor shall undertake no repairs or reconstruction of
any type, other than temporary emergency work to prevent further damage to the Buildings
and to protect public safety, without Grantee's prior written approval. Within thirty (30)
days of the date of damage or destruction, if required by Grantee, Grantor at its expense
shall submit to the Grantee a written report prepared by a qualified restoration architect
and/or an engineer who are acceptable to Grantor and Grantee, which report shall include
the following:
(a) an assessment of the nature and extent of the damage;
(b) a determination of the feasibility of the restoration of the Buildings and/or
reconstruction of damaged or destroyed portions of the Buildings; and
(c) a report of such restoration/reconstruction work necessary to return the Buildings to
the condition existing at the date hereof.
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8 Review After Casualty Damage or Destruction. If, after reviewing the
report provided in paragraph 7 and assessing the availability of insurance proceeds after
satisfaction of any mortgagee's/lender's claims under paragraph 9, Grantor and Grantee
agree that the Purpose of the Easement will be served by such restoration/reconstruction,
Grantor and Grantee shall establish a schedule under which Grantor shall complete the
restoration/reconstruction of the Buildings in accordance with plans and specifications
consented to by the parties up to at least the total of the casualty insurance proceeds
available to Grantor.
8.1 If, after reviewing the report and assessing the availability of insurance
proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 9, Grantor
and Grantee agree that restoration/reconstruction of the Property is impractical or
impossible, or agree that the Purpose of the Easement would not be served by such
restoration/reconstruction, Grantor may, with the prior written consent of Grantee, alter,
demolish, remove, or raze one or more of the Buildings, and/or construct new
improvements on the Property. Grantor and Grantee may agree to extinguish this Easement
in whole or in part in accordance with the laws of the State of New Hampshire.
8.2 If, after reviewing the report and assessing the availability of insurance
proceeds after satisfaction of any mortgagee's/lender's claims under paragraph 9, Grantor
and Grantee are unable to agree that the Purpose of the Easement will or will not be served
by such restoration/reconstruction, the matter may be referred by either party to binding
arbitration and settled in accordance with the New Hampshire's arbitration statute then in
effect. 9. Insurance. Grantor shall keep the Property covered against loss through the
New Hampshire Municipal Association or another insurance provider against loss from the
perils commonly insured under standard fire and extended coverage policies and
comprehensive general liability insurance against claims for personal injury, death, and
property damage. Such insurance shall include Grantee's interest and name Grantee as an
additional insured. Grantor shall deliver to Grantee, within ten (10) business days of
Grantee's written request therefor, certificates of such insurance coverage. Provided,
however, that whenever the Property is encumbered with a mortgage or deed of trust,
nothing contained in this paragraph shall jeopardize the prior claim, if any, of the
mortgagee/lender to the insurance proceeds.
INDEMNIFICATION; TAXES 10. Indemnification. Grantor hereby agrees to pay, protect, indemnify, hold
harmless and defend at its own cost and expense, Grantee, its agents, trustees, directors,
officers and employees, or independent contractors from and against any and all claims,
liabilities, expenses, costs, damages, losses, and expenditures (including reasonable
attorneys' fees and disbursements hereafter incurred) arising out of or in connection with
injury to or death of any person; physical damage to the Property; the presence or release
in, on, or about the Property, at any time, of any substance now or hereafter defined, listed,
or otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic,
polluting, or contaminating substance; or other injury or other damage occurring on or
about the Property, unless such injury or damage is caused by Grantee or any agent,
trustee, director, officer, employee, or independent contractor of Grantee. In the event that
Grantor is required to indemnify Grantee pursuant to the terms of this paragraph, the
amount of such indemnity, until discharged, shall constitute a lien on the Property with the
same effect and priority as a mechanic's lien. Provided, however, that nothing contained
herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given
in connection with a promissory note secured by the Property.11. Taxes. Grantor shall pay immediately, when first due and owing, all general
taxes, special taxes, special assessments, water charges, sewer service charges, and other
charges which may become a lien on the Property unless Grantor timely objects to the
amount or validity of the assessment or charge and diligently prosecutes an appeal thereof,
in which case the obligation hereunder to pay such charges shall be suspended for the
period permitted by law for prosecuting such appeal and any applicable grace period
following completion of such action. In place of Grantor, Grantee is hereby authorized, but
in no event required or expected, to make or advance upon three (3) days prior written
notice to Grantor any payment relating to taxes, assessments, water rates, sewer rentals and
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other governmental or municipality charge, fine, imposition, or lien asserted against the
Property. Grantee may make such payment according to any bill, statement, or estimate
procured from the appropriate public office without inquiry into the accuracy of such bill,
statement, or assessment or into the validity of such tax, assessment, sale, or forfeiture.
Such payment if made by Grantee shall constitute a lien on the Property with the same
effect and priority as a mechanic's lien, except that such lien shall not jeopardize the
priority of any recorded lien of mortgage or deed of trust given in connection with a
promissory note secured by the Property.
ADMINISTRATION AND ENFORCEMENT12. Written Notice. Any notice which either Grantor or Grantee may desire or
be required to give to the other party shall be in writing and shall be delivered by one of
the following methods by overnight courier postage prepaid, facsimile transmission,
registered or certified mail with return receipt requested, or hand delivery; if to Grantor,
then at [Address]; and if to Grantee, then to
[Address] . The party receiving Notice shall have two (2)
weeks to respond to the Notice, before any action is undertaken by the other party. Each
party may change its address set forth herein by a notice to such effect to the other party. 13. Evidence of Compliance. Upon request by Grantor, Grantee shall promptly
furnish Grantor with certification that, to the best of Grantee's knowledge, Grantor is in
compliance with the obligations of Grantor contained herein or that otherwise evidences
the status of this Easement to the extent of Grantee's knowledge thereof. 14. Inspection. With appropriate prior notice to Grantor, Representatives of
Grantee shall be permitted at all reasonable times to inspect the Property, including the
interior of the Buildings. 15. Grantee's Remedies. Grantee may, following reasonable written notice to
Grantor, institute suit(s) to enjoin any violation of the terms of this easement by ex parte,
temporary, preliminary, and/or permanent injunction, including prohibitory and/or
mandatory injunctive relief, and to require the restoration of the Property and Buildings to
the condition and appearance that existed prior to the violation complained of. Grantee
shall also have available all legal and other equitable remedies to enforce Grantor's
obligations hereunder.
In the event Grantor is found to have violated any of its obligations, Grantor shall
reimburse Grantee for any costs or expenses incurred in connection with Grantee's
enforcement of the terms of this Easement, including but not limited to all reasonable court
costs, and attorney's, architectural, engineering, and expert witness fees.
Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or
limiting any other remedy, and the failure to exercise any remedy shall not have the effect
of waiving or limiting the use of any other remedy or the use of such remedy at any other
time. 16. Notice from Government Authorities. Grantor shall deliver to Grantee
copies of any notice of violation or lien relating to the Property received by Grantor from
any government authority within five (5) days of receipt by Grantor. Upon request by
Grantee, Grantor shall promptly furnish Grantee with evidence of Grantor's compliance
with such notice or lien where compliance is required by law. 17. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of
any proposed sale of the Property and provide the opportunity for Grantee to explain the
terms of the Easement to potential new owners prior to sale closing. 18. Liens. Any lien on the Property created pursuant to any paragraph of this
Easement may be confirmed by judgment and foreclosed by Grantee in the same manner as
a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the
priority of any recorded lien of mortgage or deed of trust given in connection with a
promissory note secured by the Property.
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19. Plaque. Grantor agrees to provide and maintain a plaque on the Property,
which plaque shall not exceed 9 by 11 inches in size, giving notice of the significance of
the Property and the existence of this Easement.
BINDING EFFECT; ASSIGNMENT20. Runs with the Land. Except as provided in paragraphs 8, the obligations
imposed by this Easement shall be effective for the entire term of this easement and shall
be deemed to run as a binding servitude with the Property. This Easement shall extend to
and be binding upon Grantor and Grantee, their respective successors in interest and all
persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor"
and "Grantee" when used herein shall include all such persons. Any right, title, or interest
herein granted to Grantee also shall be deemed granted to each successor and assign of
Grantee and each such following successor and assign thereof, and the word "Grantee"
shall include all such successors and assigns.
Anything contained herein to the contrary notwithstanding, an owner of the Property shall
have no obligation pursuant to this instrument where such owner shall cease to have any
ownership interest in the Property by reason of a bona fide transfer. The restrictions,
stipulations, and covenants contained in this Easement shall be inserted by Grantor,
verbatim or by express reference, in any subsequent deed or other legal instrument by
which Grantor divests itself of either the fee simple title to or any lesser estate in the
Property or any part thereof, including by way of example and not limitation, a lease of all
or a portion of the Property. 21. Assignment. Grantee may convey, assign, or transfer this Easement to a unit
of federal, state, or local government or to a similar local, state, or national organization
that is a "qualified organization" under Section 170(h) of the Code whose purposes, inter
alia, are to promote preservation of historical, cultural, or architectural resources, provided
that any such conveyance, assignment, or transfer requires that the Purpose for which the
Easement was granted will continue to be carried out. 22. Recording and Effective Date. Grantor shall do and perform at its own cost
all acts necessary to the prompt recording of this instrument in the land records of the County Registry of Deeds. Grantor and Grantee intend
that the restrictions arising under this Easement shall take effect on the day and year this
instrument is recorded. 22.1 Expiration Date. Without further action, this easement will expire
[term] years to the day after the date of the signing of this agreement
between Grantor and Grantee.
EXTINGUISHMENT23. Extinguishment. Grantor and Grantee hereby recognize that circumstances
may arise that may make impossible the continued ownership or use of the Property in a
manner consistent with the Purpose of this Easement and necessitate extinguishment of the
Easement. Such circumstances may include, but are not limited to, partial or total
destruction of the Buildings resulting from casualty. Extinguishment must be the result of
a judicial proceeding in a court of competent jurisdiction.
INTERPRETATION24. Interpretation. The following provisions shall govern the effectiveness,
interpretation, and duration of the Easement.
(a) Any rule of strict construction designed to limit the breadth of restrictions on
alienation or use of Property shall not apply in the construction or interpretation of this
Easement, and this instrument shall be interpreted broadly to effect its Purpose and the
transfer of rights and the restrictions on use herein contained.
(b) This instrument may be executed in two counterparts, one of which may be retained
by Grantor and the other, after recording, to be retained by Grantee. In the event of any
disparity between the counterparts produced, the recorded counterpart shall in all cases
govern.
(c) This instrument is made pursuant to the Act, but the invalidity of such Act or any part
thereof shall not affect the validity and enforceability of this Easement according to its
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terms, it being the intent of the parties to agree and to bind themselves, their successors,
and their assigns for the term of this easement to each term of this instrument whether this
instrument be enforceable by reason of any statute, common law, or private agreement in
existence either now or hereafter. The invalidity or unenforceability of any provision of
this instrument shall not affect the validity or enforceability of any other provision of this
instrument or any ancillary or supplementary agreement relating to the subject matter
thereof.
(d) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate
any ordinance or regulation relating to building materials, construction methods, or use. In
the event of any conflict between any such ordinance or regulation and the terms hereof,
Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee
and the applicable governmental entity to accommodate the purposes of both this
Easement and such ordinance or regulation.
(e) To the extent that Grantor owns or is entitled to development rights which may exist
now or at some time hereafter by reason of the fact that under any applicable zoning or
similar ordinance the Property may be developed to a more intensive use (in terms of
height, bulk, or other objective criteria related by such ordinances) than to which the
Property is devoted as of the date hereof, such development rights shall not be exercisable
on, above, or below the Property during the term of the Easement, nor shall they be
transferred to any adjacent parcel and exercised in a manner that would interfere with the
Purpose of the Easement.
(f) To the extent that any action taken by Grantee pursuant to this Easement gives rise to
a claim of breach of contract, Grantor and Grantee agree that the sole remedy on the part of
Grantor shall be reimbursement of actual direct out-of-pocket expenses reasonably
incurred by Grantor as a result of such breach and that Grantor shall not have any right to
indirect, consequential or monetary damages in excess of such actual direct out-of-pocket
expenses.
AMENDMENT 25. Amendment. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Grantor and Grantee may by mutual
written agreement jointly amend this Easement, provided that no amendment shall be made
that will adversely affect the qualification of this Easement or the status of Grantee under
any applicable laws, including Sections 170(h) and 501(c)(3) of the Code and the laws of
the State of New Hampshire. Any such amendment shall be consistent with the protection
of preservation values of the Property and the Purpose of this Easement; shall not affect its
duration; shall not permit additional development on the Property other than the
development permitted by this Easement on its effective date; shall not permit any private
inurement to any person or entity; and shall not adversely impact the overall architectural,
historic, natural habitat, and open space values protected by this Easement. Any such
amendment shall be recorded in the [County] County
Registry of Deeds. Nothing in this paragraph shall require Grantor or Grantee to agree to
any amendment or to consult or negotiate regarding any amendment.
THIS EASEMENT and attached exhibits reflect the entire agreement of Grantor and
Grantee. Any prior or simultaneous correspondence, understandings, agreements, and
representations are null and void upon execution hereof, unless set out in this instrument.
TO HAVE AND TO HOLD , the said Preservation Easement, unto the said Grantee and
its successors and permitted assigns.
IN WITNESS WHEREOF , Grantor and Grantee have set their hands under seal on the
days and year set forth below.
Granting of Easement
WITNESS: GRANTOR:
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Print Name:
Print Name:
Date:
Date:
Justice of the Peace/Notary Public
STATE OF NEW HAMPSHIRE
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 .
Acceptance of Easement
WITNESS GRANTEE
Print Name
Print Name
Date: Date:
Justice of the Peace/Notary Public
STATE OF NEW HAMPSHIRE
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 .
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SCHEDULE OF EXHIBITS
Exhibit A Legal Description of Property
Exhibit B Project Agreement
Exhibit C Baseline Documentation
The Baseline Documentation produced in two counterparts, one to be retained by the
Grantee and one to be retained by the Grantor, and incorporated herein by reference
provides an accurate representation of the Property as of the effective date of this
easement. In the event of any discrepancy between the two counterparts produced, the
counterpart retained by Grantee shall control.
