Deed of Preservation Easement and Agreement

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 their 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:

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 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 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 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.

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;

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.

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.

(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.

GRANTOR'S CONDITIONAL RIGHTS

3. Conditional Rights Requiring Approval by Grantee. Without the prior express written approval of the 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 permitted exceptions;

(c) make permanent substantial topographical changes; and

(d) change the use of the Property to another use.

4. Standards for Review. In exercising authority to review construction, alteration, repair, or maintenance, 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.

GRANTOR'S RESERVED RIGHTS

6. 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.

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.

8. Review After Casualty Damage or Destruction. If Grantor and Grantee agree that the Purpose of the Easement will be served by such restoration/reconstruction, a schedule shall be established.

9. Insurance. Grantor shall keep the Property covered against loss and name Grantee as an additional insured.

10. Indemnification. Grantor hereby agrees to indemnify and hold harmless Grantee from claims arising out of the Property.

11. Taxes. Grantor shall pay all general taxes, special taxes, assessments, water charges, sewer service charges, and other charges which may become a lien on the Property.

ADMINISTRATION AND ENFORCEMENT

12. Written Notice. If to Grantor, then at ; and if to Grantee, then to .

13. Evidence of Compliance.

14. Inspection.

15. Grantee's Remedies.

16. Notice from Government Authorities.

17. Notice of Proposed Sale.

18. Liens.

19. Plaque. Grantor agrees to provide and maintain a plaque on the Property, which plaque shall not exceed 9 by 11 inches in size.

BINDING EFFECT; ASSIGNMENT

20. Runs with the Land.

21. Assignment. Grantee may convey, assign, or transfer this Easement to a unit of federal, state, or local government or to a similar organization.

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.

22.1 Expiration Date. Without further action, this easement will expire years to the day after the date of the signing of this agreement between Grantor and Grantee.

EXTINGUISHMENT

23. Extinguishment.

INTERPRETATION

24. Interpretation.

25. Amendment.

THIS EASEMENT and attached exhibits reflect the entire agreement of Grantor and Grantee.

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

Justice of the Peace/Notary Public

STATE OF NEW HAMPSHIRE

COUNTY OF

The foregoing instrument was acknowledged before me this day of , .

Acceptance of Easement

Justice of the Peace/Notary Public

STATE OF NEW HAMPSHIRE

COUNTY OF

The foregoing instrument was acknowledged before me this day of , .

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.