Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 19

Meeting Date

2026-03-04

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

19

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-04

•11 T

THE STATE OE NEW HAMPSHIRE

DEPARTMENT OE TRANSPORTATION

Department of Transportation

William Cuss, P.E.

Commissioner

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

Mar 0 4 2026 David Rodri^ue, P.E.

Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

Bureau of Rail and Transit

January 26, 2026

REQUESTED ACTION

Pursuant to RSA 228:57-a, authorize the Department of Transportation to enter into a retroactive lease

agreement with Breakwater Condominium Association (1 Safe Harbor Way, Laconia), in the amount of

$16,198.75 for the use of state-owned property in Laconia, NH along Paugus Bay. This lease agreement is

effective from July 1, 2025 through June 30, 2030, upon Governor and Council approval.

The land will be conveyed without any explicit covenants, restrictions, or permissions regarding hunting,

fishing, or other recreational activities. Applicable local and state laws will govern such activities.

Lease income will be credited as follows:

010-096-096-964010-29910000

Special Railroad Fund

009-403532

RR Property Sale/Lease

010-096-096-964010-29910000

Special Railroad Fund

009-407323

Railroad Crossing License Fees

FY2026 FY 2027 FY 2028 FY 2029 FY 2030

$3,189.75

FY 2026

$3,189.75

FY 2027

$3,189.75

FY 2028

$3,189.75

FY 2029

$3,189.75

FY2030

$50.00 $50.00 $50.00 $50.00 $50.00

EXPLANATION

This retroactive lease agreement will allow the lessee to continue to lease portions of state-owned

railroad property, in accordance with RSA 228:57-a, as they are owners of adjacent residentially

developed property and separated from the shore of public waters (as defined by RSA 271:20) by only the

railroad property with a lease that expired on June 30, 2025. This lease agreement is for the sole purpose

of leasing state-owned railroad property for the installation of a private/non-commercial dock or mooring.

A lease in accordance with RSA 228:57-a gives the lessee the right to cross the railroad corridor to access

the public waters and thereby request a permit for a dock or mooring field from the appropriate state

agency.

This request is retroactive, as the previous lease expired on June 30, 2025, and the proposed July 1,

2025, start date would have allowed for continued use while the Department sought approval. Delays

resulted from several administrative requirements, including updating the per-running-foot lease in

accordance with RSA 228:57-a, appearing before the Long-Range Capital Planning and Utilization

Committee, and developing a more comprehensive shorefront lease agreement. That agreement required a

more accurate description of the qualifying property, as well as clearer conditions and limitations

governing use of and access to the state-owned railroad corridor. The Department's comprehensive

review of the signed leases and required attachments, including the insurance certificate, certificate of

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: 16031 271-3734 « FAX: (6031 271-3914 » TDD: RELAY NH 1-800-735-2964 » DOT.NH.GOV

good standing, and-certificate of vote identified that the lessee's supporting documents did not meet the

lease requirements. This necessitated additional time for the lessee to obtain and submit the correct

documentation. These unforeseen issues caused delays beyond our initial expectations and have

significantly extended the timeframe for advancing this lease for approval. Despite delays in bringing the

subject lease forward for review and consideration of approval, Bureau of Rail & Transit staff-maintained

communication with those lessees seeking a lease renewal.

The Department of Transportation received a request from Breakwater Condominium Association to

renew a lease for frontage along Paugus Bay on the state-owned Concord-Lincoln Railroad Line in

Laconia. Breakwater Condominium Association is the owner of the adjacent property at this location that

qualifies for such a lease per the terms of RSA 228:57-a.

In accordance with RSA 228:57-a, IV, in March 2025 the Department updated the per running foot per

year calculation and it shall be $42.53 per running foot per year for 2025-2030. Pedestrian, and other

crossings, shall be subject to a $50 per year fee.

The subject lease shall be 75 linear feet at $3,189.75 per year and an additional $50 per year for a private

pedestrian at-grade crossing, for an annual total of $3,239.75 and a 5-year total of $ 16,198.75.

Lessee will receive the conveyance without explicit covenants, restrictions, or permissions regarding

hunting, fishing, and other recreational activities. Upon approval and full execution of the lease,

applicable local and state laws will regulate such activities for the Lessee.

This Agreement has been reviewed and approved by the Office of the Attorney General for form and

execution. Copies of the full executed lease agreement have been provided to the Secretary of State's

Office and Department of Administrative Services. Subsequent to the Governor and Council approval, a

copy of the Agreement will be on file with the Department of Transportation.

The Council on Resources and Development voted to recommend the lease on May 14, 2015.

The Long-Range Planning and Utilization Committee approved the lease on April 14, 2025, item number

LRCP 25-019.

The Department of Transportation has secured the required levels of insurance. Documents supporting

this assertion are available at the agency, for review upon request.

Your approval of this lease agreement is respectfully requested.

Sincerely,

William J. Cass, P.E.

Commissioner

Attachments

Approved by the Long Range Capital Planning and Utilization

Committee April 14, 2025

' STATE OF NEW HAMPSHIRE

(INTER-DEPARTMENT COMMUNICATION

LRCP 25-019

J

From: Louis A. Barker

Railroad Planner

thru: Nicole Bryant

Administrator

Date: March 31, 2025

At: Dept. of Transportation

Bureau of Rail and Transit

IE

Shelley Winters, Director.^^Division of Aeronautics, Rail & Transit

<

fihi??f'. ■.

ric Sargent, Administrator

Bureau of Right of Way

SUBJECT: Proposed Lease of Slate-owned Railroad Property on Railroad Corridor^

RSA 228:57-a

TO: Representative David Milz, Chairman

Long Range Capital Planning and Utilization Committee

REQUESTED ACTION

1. Pursuant to RSA 228:57-a, II, the Department of Transportation requests approval from

the Long Range Capital Planning and Utilization Committee to renew the attached leases

for railroad frontage along Lake Winnisquam, Lake Winnipesauke, Lake Waukewan and

Mascoma Lake for private, non-commercial docks with pedestrian at-grade crossing on

the Stale-owned Concord to Lincoln Railroad Corridor in the Towns of Belmont.

Meredith and the City of Laconia. As established by RSA 228:57-a and calculated using

the New Imgland Consumer Price Index table, the cost of a lease is $42.53 per linear foot

per year, plus $50.00 per year for the private pedestrian at-grade crossing. Additional

crossings of utilities will be assessed $50.00 per year for each.:vi5V:

■ ' ■': a

'''mi-

docks AND MOORrNGS WITH PRIVATE PEDESTRIAN CROSSINGS

Long Range Capital Planning & Utilization Committee - LIST of PROPOSED LEASE RENEWALS

DOCK j

ID NAME

NUMBER

TOWN

COST PER

LINEAR

FOOT

LINEAR

FOOTAGE

YEARLY

FEE W/

CROSSING

5 YEAR ANT

DUE

D-OI peStefano (iuiiano)Laconia S42.53 50 $2,176.50 $10,882.50

D-02 biliis Laconia S42.53 50 $2,176.50 $10,882.50

D-03 ISpino.sa Laconia $42.53 50 $2,176.50 $10,882.50

D-04 bampbell Laconia $42.53 50 $2,176.50 $10,882.50

D-05 \llurle.Y I.aconia $42.53 50 $2,176.50 $10,882.50

D-06 ntatcliffc Laconia $42.53 50 $2,176.50 $10,882.50

iMcGuire

D-07 kZogopoulos) Laconia $42.53 75 $3,239.75 $16,198.75

D-08 breakwater Condo.s I^aconia $42.53 150 $6,429.50 $32,147.50

D-09 ISccnic Cove Laconia $42,53 150 $6,429.50 $32,147.50

b-lO jCorreia l.aconia $42.53 150 $6,429.50 $32,147.50

D-11 bcarson Bcimont $42.53 75 S3.239.75 $16,198.75

D-i2 beaudoin Meredith $42.53 75 $3,239.75 $16,198.75

jtake Ridge

D-13 Meredith Meredith $42.53 1351 $57,508.03 $287,540.15

D-i4 prouse Point Meredith $42.53 280 $11,958.40 559.792.00

[)-!.'< East Blumiigiiland Meredith $42.53 58 $2,516.74 $12,583.70

1)-I6 bast BlulTVillageMeredith $42.53 58 $2,516.74 $12,583.70

i)-l7 Corr Enlield $42.53 75 $3,239.75 $16,198.75

D-18 Sun Lake Village Belmont $42.53 375 $15,998.75 $79,993.75

2.

3.

Total fees with crossings are calculated per year for five

years for each location as shown on the table.

l.eases for these locations were previously approved by the

Long-Range Capital Planning and Utilization Committee.

fia.st Bluff Highland and East Bluff Village Associations

have joint tenancy.

(.t-SiS

2. Pursuant to RSA 4:40, lll-a, the Department of Transportation requests the Long-Range

Capital Planning and Utilization Committee waive the $1,100.00 Administrative Fee, as

these are renewals of existing agreements.

V«i.

if"'

EXPLANATION

RSA 228:57-a allows the Department to lease for private, non-commercial use portions ol'a

railroad corridor to the owners of adjacent properties separated from the shore of public waters,

as defined by RSA 271:20, by only the railroad eorridor. The Tenants own property that abut the

subject railroad corridors for a distance that vary from 50 to 1,351 feet. ITie current leases have

a term from July 1, 2020, through June 30, 2025. Per section 2.02 of the current leases there is a

provision to negotiate a new lca!?e for an additional five (5) year period beginning July 1, 2025.

As establi.shcd by RSA 228:57-a and calculated using the New England Consumer Price Index

table, the current cost of a waterfront lease is $42.53 per linear foot per year. Attached table

titled "CPI Updated 3-12-2025 Final/Dock Lease Rate CPI, 2025-2029, dated Mar 25",

summarizes the calculations and the proposed lease rates for each location. The table titled

"Dock and Moorings with Pedestrian Crossing" lists yearly the lease fee with crossing and the

fivc-vear total for each location.

The Department has reviewed the requests and again determined that the leases will not interfere

with use of the railroad operations on the subject railroad corridors.

The New Hampshire Council on Resources and Development recommendations for these leases

were obtained prior to the original lea.se. The Governor and Council approvals were obtained for

each previous lease.

Authorization is requested to lease these segments of property on the state-owned railroad

corridors, as outlined above.

Attachments

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New Hampshire Council on

Resources and Development

NH Office of Energy and Planning

107 Pleasant Street, Johnson Hall

Concord, NH 03301

Phone: 603-271-2155

Fax; 603-271-2615

rif.

(li

TDD Access: Relay NH

l-800-735'2964

MEMORANDUM

TO: Acting Commissioner William Cass

Department of Transportation

FROM: Susan Slack, Principal Planner

NH Office of Energy and Planning

DATE: May "14,2015

SUBJECT: Surnlus Land Review, SLR 15-005 fA-HJ - Laconia

On May 14,2015, the Council on Resoiu ces and Development (CORD) took action on thefollowing Surplus Land Review application from the Department of Transportation:

Request to renew leases for water frontage for eight individual parcels abutting

railroad land at the end of Massachusetts Avenue in Laconia to permit use and

maintenance of pedestrian crossings, docks and waterfront access on Lake

Winnipesaukee, pursuant to RSA 228:57-a.

CORD members voted to RECOMMEND APPROVAL OF SLR 15-005 as submitted.

cc: Louis Barker, Railroad Planner, NH Department of Transportation

Meredith Hatfield, Director, NH Office of Energy and Planning

Rep. Gene Chandler, Chair, Long Range Capital Planning and Utilization Committee

MEMBER AGENCIES; Office of Energy and Planning • Resources and Economic DevelopmenI • Environmental SeiyfcesAgricultufe, Markets, and Food • Fish and Game • Safety • Education • hlealth and Human Services ♦TransportationCultural Resources • Administrative Sen/icss ♦ Nev/ Hampshire Housing Finance Authonty

BREAKWATER CONDOMINIUM UNIT OWNERS' ASSOCIATION, LACONIA

DOCK LEASE, PEDESTRIAN AND UTILITY CROSSING OF STATE OWNED RAILROAD

SHORE FRONT PROPERTY

(RSA228:57-A)

March 27, 2025

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LEASED AREA

NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

BUREAU OF RAIL & TRANSIT

Lot 307-447-4

Location of pedestrian

crossing and leased

premises

in

Paugus Bay

FILE NO. 2025-

J1 1 LEASED TO: Breakwater Unit Owners Assoc

' I A- ' V21/66

Stations 1574+35+/- to 1575+85+/-,

150+/- Linear Feet

Concord-Lincoln Railroad Corridor

Laconia

NHDOT

3-27-2025

File #2025-25 2025 DOCK LEASE - 07 - 01 - 2025 Breakwater Condo Laconia

THIS. LEASE made and entered into, between the State qf New Hampshire, Department of Transportation,

hereinafter called the "LANDLORD", and Breakwater Condominium Association, 1 Safe Harbor Way, Laconia, NH

03246, hereinafter (collectively) called the "TENANT".

WHEREAS, the LANDLORD is the owner of the hereinafter described property, which is not immediately required

by the LANDLORD and has been requested by the TENANT to lease the propeity to the TENANT on an "as is"

basis. This Lease also includes the right to construct and use an at-grade pedestrian crossing of the Concord-Lincoln

Railroad Corridor, hereinafter called the "FACILITY".

WHEREAS the State is the owner of the Concord-Lincoln Railroad Corridor (Corridor) in the City of Laconia,

County of Belknap, State of New Hampshire. The Coiridor is used by the Plymouth & Lincoln (Railroad Operator)

under an Operating Agreement with the State of New Hampshire.

WHEREAS the TENANT'S ownership includes a parcel identified as City of Laconia Section 307, Block 447 Lot 4

which is adjacent to the Corridor. Said parcel qualifies, per RSA 228:57-a, for the ability to lease state-owned railroad

waterfront for the sole purpose of installing a dock or mooring (RSA 228:57-a, Il-a).

WHEREAS the LANDLORD is willing to comply with said request, provided that the TENANT, as a condition to

the occupancy of said premises, joins in the execution of this LEASE for the purpose of accepting every condition

herein set forth during the occupancy of said premises by the TENANT.

NOW, THEREFORE, THIS LEASE WITNESSETH THAT:

1. DEMISE OF THE PREMISES

1.01 For and in consideration of the rent and the mutual covenants hereinafter stated, and the acceptance by

the TENANT of every term and condition herein set forth, the LANDLORD hereby leases and demises

to the TENANT the premises (75 linear feet) located in the City of Laconia on the Corridor at Mile Post

C29.9I Engineering Station 1574+35. For reference, length of TENANT'S abutting property shown

utilizes centerline Engineering Station 1574+35 to Station 1575+10+/-, as shown on the attached

Railroad Valuation Section 21 Sheet 66 (dated 07-1-2025) (Attached).

1.02 The LANDLORD grants to the TENANT permission to cross a portion of the Corridor to construct,

use, maintain, and reconstruct a private pedestrian crossing within the right-of-way near approximate

Mile Post C29.91, Valuation Station 1574+60, Section 21 Sheet 66(attached).

1.03 Blank.

1.04 The TENANT agrees to the installation of the private pedestrian crossing as detailed on the approved

plan titled "Typical Timber Planked Crossing Detail" dated 9-20-2023 & Pedestrian Crossing

Signage, dated 1-18-2023 (Attached). The details in the aforesaid plans for the proposed timber

planked crossing, drainage, signage, staircase and other details are requirements that must be in place

prior to the crossing approved for use.

1.05 The TENANT agrees to the installation of railroad safety signage, including the Emergency Notification

Sign on the west side of the tracks a minimum of 12' from the nearest rail. The TENANT agrees that it

1

File # 2025 - 25 2025 DOCK LEASE - 07-01-2025 Breakwater Condo Laconia

is liable for the cost of the acquisition, installation, maintenance and replacement of railroad safety

signage at the location of the subject crossing. The Railroad Operator or the Bureau of Rail & Transit

will help determine the location of the sign. The Emergency Notification Sign shall be in white lette;

on blue background and include Railroad Operator's emergency number (603) 398-3483, Crossing

inventory #xxx-xxxx (# to be determined for location by Railroad Operator). See "Railroad Crossing

Emergency Notification Sign" detail SL-2 (dated 5-21-2025) (Attached).

1.06 The TENANT'S Contractor selected to construct this Facility, if the TENANT elects not to use the

Railroad Operator to install crossing, it must obtain a Temporary Use Agreement from the Bureau at

the in-effect rate (a cost of $400 as of April 2025), and must provide evidence of required insurance

coverage as specified in Section 13.04 prior to beginning any work on this project.

1.07 The TENANT shall review and be fully aware of the LANDLORD'S property (Right-of-Way). A Cross

Section dated 6-18-2025 (Attached) is provided noting the dimensions each direction from the center

line of the track system. The TENANT shall understand any activity within the Right-of-Way must be

approved in writing by the LANDLORD.

2. TERM

2.01 The lease shall be effective on approval by the Governor and Executive Council, the term of this lease

shall have commenced on July 1, 2025 and shall end on June 30, 2030, unless terminated sooner in

accordance with Section 17.01 or 17.02.

2.02 The TENANT shall notify the LANDLORD no less than six months before, but no more than twelve

(12) months before the completion date that the TENANT wishes to enter negotiations for a new

LEASE for an additional five-year period. If the TENANT and the LANDLORD cannot agree upon

a new LEASE, the TENANT shall surrender to the LANDLORD the premise in accordance with

Condition 18.01.

3. SECURITY DEPOSIT AND RENT

3.01 The TENANT agrees to pay to the LANDLORD as a Security Deposit for demised premises the sum

of n/a (SO.OO) dollars to secure the performance of the TENANT'S obligations hereunder.

The LANDLORD may at its option set off all or portions of the deposit to pay for damages caused

by any breach of the TENANT'S obligations hereunder. The TENANT shall not have the right to

apply the security deposit in payment of any past due rent.

3.02 All real or personal property taxes assessed by the City of Laconia as a result of this LEASE are not

included in the rent and will be paid by the TENANT. In accordance with RSA 72:23,1(b), "failure

File #2025-25 2025 DOCK LEASE - 07-01-2025/:') Breakwater Condo Laconia

of the lessee to pay any duly assessed personal and real estate taxes when due shall* be cause to

terminate said lease or agreement by the lessor."

3.03 Rent is calculated at 75 LF @ $42.53 per linear foot + $50 for each approved Crossing. Annual Fee

is in accordance with NHDOT RSA 228:57-A CPI Calculation Table (dated 3-12-2025).

3.04 Rent shall be $3189.75 per year plus $50 for the private pedestrian at-grade crossing for an

annual total of $3239.75, payable in advance, due July 1 of each year, to the LANDLORD at the

following address:

NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

BUREAU OF FINANCE & CONTRACTS

J. O. MORTON BUILDING

PO BOX 483

CONCORD NH 03302-0483

If the total rental amount is not paid within ten (10) days after the due date, the LANDLORD shall be

entitled to a 3% late charge on the total annual rent.

4. QUIET ENJOYMENT

4.01 The LANDLORD covenants and agrees that so long as the TENANT is not in default of any of the

covenants and agreements of this LEASE, the TENANT'S quiet and peaceful enjoyment of the

premises shall not be disturbed or interfered with by the LANDLORD or any person claiming by or

through the LANDLORD.

5. USE OF PREMISES

5.01 The premises shall be used and occupied by the TENANT exclusively as a personal dock or mooring

with other approved crossings, collectively called the FACILITY, and neither the premises nor any

part thereof shall be used at any time during the term of this LEASE by the TENANT for the purpose

of carrying on any other business, profession or trade of any kind. The TENANT shall comply with

all laws, ordinances, rules and orders of appropriate governmental authorities affecting the

cleanliness, occupancy, and preservation of the demised premises during the term of this LEASE.

The TENANT shall not use the premises in any manner that will disturb a neighbor's peaceful

enjoyment of other property. The TENANT shall not use or occupy any additional state-owned

3

File U 2025 - 25 2025 DOCK LEASE - 07-01-2025 Breakwater Condo Laconia

railroad property,-such as the square footage between the railroad tracks and the shoreffont, for

personal or business purposes. The shorefront property, by the linear foot, is availed for the so'

purpose of installing a dock or mooring.

5.02 Procurement and delivery of a current Dock or Mooring Permit issued by the New Hampshire

Department of Environmental Services' Wetlands Bureau (NHDES) to the LANDLORD is a

condition precedent to the effectiveness of this Lease. Tlie TENANT agrees to furnish a copy of

a current Dock Permit issued by the NHDES that has been recorded at the Registry of Deeds to

the Bureau of Rail & Transit. Failure to fumish documentation to the Bureau of Rail & Transit may

result in the termination of the Lease subject to the provisions of Section 16.

5.03 No TENANT or visitor or invitee of the TENANT may park any motorized vehicle on any area, which

is not designated specifically for parking. No unregistered motorized vehicles shall be stored upon

the premises.

6. CONSTRUCTION AND MAINTENANCE OF PREMISES

6.01 The TENANT agrees that all work on construction, maintenance, repair, and reconstruction of

said at-grade pedestrian crossing FACILITY shall be performed at a time and under conditions

acceptable to the State and shall at no time interfere with the operation of the railroad by the State,

its lessees or assigns. The TENANT shall maintain, repair or reconstruct the FACILITY as shown

on the approved plan titled "Plan CT-I Typical Planked Timber Crossing dated 9-20-2023 &

Pedestrian Crossing Signage, dated 1-18-2023 (Attached).

6.02 The TENANT agrees that it is liable for tlie cost of all work and materials required to construct, use,

maintain, repair, relocate and reconstruct said FACILITY on the Corridor as indicated in the Standard

Prosecution of Work for a Pedestrian Crossing Constructed on NHDOT Railroad Property (Attached).

Such responsibility shall include, but not be limited to, the cost of all on-site inspectors or other

representatives of the LANDLORD to inspect the materials and to monitor construction and a railroad

flagger, if such individuals are necessary in the sole judgment of the LANDLORD. The cost for

representatives of the State is in accordance with the attached NHDOT Railroad Rate Schedule, which

is updated annually, and for which actual costs will be based on the annual rates in effect when work

occurs. If representatives other than the State are used, the methodology will be the same, but the rates

will be at the in-eflfect rates of the third party and as approved by the State. Any deficiencies in

materials, methods of constmction or workmanship shall be promptly corrected to the mutual

satisfaction of the TENANT and the LANDLORD. The TENANT is solely responsible for the

presence of its equipment along the Corridor.

6.03 The TENANT will assume the cost of temporary removal, restoration and adjustment of the

FACILITY in the event track maintenance, track repairs or additional track installations require

such modifications. The LANDLORD or Railroad Operator shall provide 7 days' written notice

of proposed work. The LANDLORD or Railroad Operator shall not be responsible for any damag'

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 M Breakwater Condo Laconia]

to the TENANT'S FACILITY when work or maintenance requires the removal (partial or full) of

the crossing and other related crossing items such as signs or drainage.

6.04 The TENANT shall retain the Railroad Operator responsible for maintenance of the track adjacent

to the FACILITY, or, if not available, a railroad contractor approved by the LANDLORD, to

perform all railroad related track work (such as replacing and/or installing ballast, defective ties,

tie plates, spikes and crossing structures) during the construction or whenever the track structure

is disturbed, distorted or altered due to the existence of said FACILITY. The Railroad Operator's

current fee and wage structure will be used for all services rendered by the Railroad Operator.

6.05 Any damage to the Corridor contained herein which, as determined by the LANDLORD, is

caused by results from or arises out of the installation, maintenance or presence of the

tenant's facility shall be repaired by the LANDLORD. The TENANT shall fully

compensate the LANDLORD for all costs associated with the repair of any such damage.

6.06 The TENANT shall coordinate any and all work within the Corridor with the Railroad Operator

(Plymouth & Lincoln Railroad) LANDLORD by contacting railroad personnel at 720-429-8058

and LANDLORD by contacting state personnel at (603) 271-2468, and giving them a minimum

of 7 calendar days' advance notice of the work to be performed in the area so that the Railroad

Operator and inspectors can schedule railroad related work around the construction. The

TENANT cannot enter onto the Corridor for maintenance and/or repairs to the FACILITY

without first obtaining authorization from the LANDLORD and the Railroad Operator.

6.07 The TENANT shall, at the LANDLORD'S request and the TENANT'S expense, provide

whatever protection is deemed necessary by the LANDLORD, in the event the LANDLORD

performs any work on or within the Corridor, including but not limited to inspection,

maintenance, cleaning, snow removal, construction, rehabilitation, and repair of such State-

owned railroad property.

6.08 At the request of the LANDLORD, the TENANT shall submit its written maintenance policies

and procedures to be used for the inspection repair and maintenance of said FACILITY review and

approval. If requested by the LANDLORD, such policies and procedures shall be approved by

the LANDLORD prior to initial operation of the constructed FACILITY.

6.09 The TENANT acknowledges that the premises are in good order and repaired at the beginning of the

LEASE term, unless otherwise indicated by attached written statement. The TENANT shall at their

own expense maintain the premises in a clean and sanitary manner. The TENANT shall not allow

brush, leaves, grass or other plant matter, ice, snow, dirt or any other material to be placed on the

premises.

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 (■y) Breakwater Condo Laconia

6.r0 The TENANT shall be responsible tor any damage caused during this tenancy. The TENANT shall

return the premises to the LANDLORD in as good order and condition as when received, ordinar

wear and tear accepted. The TENANT agrees to be responsible for all single job repair costs. The

LANDLORD reserves the right to select the persons or company to perform any such repairs.

7. DAMAGE TO PREMISES

7.01 If the premises are damaged to render them untenantable, then either party shall have the right to

terminate this LEASE as of the date on which the damage occurs, through written notice to the other

party, to be delivered within ten (10) days after the occurrence of such damage. However, should the

damage or destruction occur as a result of any act or omission on tlte part of the TENANT or its

invitees, then only, the LANDLORD shall have the right to terminate this LEASE. Should the right

to terminate be exercised, the rent for the current year shall be prorated between the parties as of the

date the damage occurred.

8. ALTERATIONS AND IMPROVEMENTS

8.01 The TENANT shall make no alterations to the premises, including plantings, or construct any building

or make other improvements on the premises without the prior written consent of the LANDLORD.

All alterations, changes, and improvements built, constructed, or placed on the premises by the

TENANT, with the exception of fixtures removable without damage to the premises and movable

personal property, shall, unless otherwise provided by written agreement between the LANDLORl

and the TENANT, be the property of the LANDLORD and remain on the demised premises at the

expiration or sooner termination of this LEASE.

9. ENTRY AND INSPECTION

9.01 The LANDLORD retains the right to enter the premises in the case of an emergency, or to make

necessary repairs, alterations, improvements, or to supply necessary or agreed services, or to exhibit

the premises to prospective purchasers or tenants, workmen, contractors, or others, or when the

TENANT has abandoned or surrendered the premises, or whenever necessary to determine the

condition of the premises. Whenever practical the LANDLORD shall provide the TENANT with 24

hours' notice prior to entry. Any indication of LEASE violations shall be grounds for immediate

eviction action.

10. ASSIGNMENT AND SUBLETTING

10.01 Without the prior written consent of the LANDLORD, the TENANT shall not assign this LEASE or

sublet or grant any concession or license to use the premises or any part thereof. A consent by the

LANDLORD to one assignment, subletting, concession, or license shall not be deemed to be a consent

to any subsequent assignment, subletting, concession or license. An assignment, subletting,

concession, or license without the prior written consent of the LANDLORD or an assignment or

subletting or operation of law, shall be void and shall, at the LANDLORD'S option, terminate thi'

LEASE.

6

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 M'ni *^Breakwater Condo Laconia

II. UTILITIES

11.01 The TENANT shall be responsible for arranging for and paying for all utility services required

■ on the premises. Such services shall be installed perNHDOT Bureau of Rail & Transit standards

and not without written permission from the LANDLORD.

12. DANGEROUS MATERIALS

12.01 The TENANT shall not keep or have on the premises any article or thing of a dangerous, inflammable,

or explosive character that might unreasonably increase the danger of fire on the premises or that

might be considered hazardous or extra hazardous.

13. INDEMNIFICATION AND INSURANCE

13.01 The TENANT acknowledges that the FACILITY is being requested for the TENANT'S advantage

and does not involve the Railroad Operator or LANDLORD'S performance of their duties to the

public. The TENANT further acknowledges that the installation and use of the FACILITY by the

TENANT will expose the LANDLORD and the Railroad Operator to additional liability to which

they would not otherwise be exposed. Accordingly, the TENANT agrees that neither the

LANDLORD nor the Railroad Operator shall be liable for injury or death of the TENANT or agent

of TENANT, regardless of status as guest, invitee or trespasser, or for loss or destruction of or

damage to any property of the TENANT or any agent of the TENANT while upon, or about, or in

the use of the FACILITY. The TENANT and its employees, contractors and agents agree to defend,

indemnify, and hold harmless the LANDLORD, its officers, agents and employees, from and

against any and all losses suffered by the LANDLORD, its successors and assigns, officers, agents,

employees and Railroad Operator, from any and all claims, liabilities or penalties asserted against

the LANDLORD, its successors and assigns, officers, agents and employees, by or on behalf of

any person on account of, based or resulting from, arising out of (or which may be claimed to arise

out of) the acts or omissions of the TENANT or from the use, maintenance, installation, removal

or existence of this FACILITY, respective of any negligence on the party of the LANDLORD, the

Railroad Operator or their agents or employees. Without limiting the foregoing, it is agreed that

this covenant of indemnification shall apply to all cases of loss, damage, injury, death, cost or

expense for which any party to this agreement may or shall be liable. For the purpose of this

agreement, all persons using the FACILITY shall be deemed agents of the TENANT. This

covenant shall survive the termination of this Agreement. In addition, the TENANT shall pay the

premiums on a policy or policies of insurance covering the following at said FACILITY,

designating the State of New Hampshire and the Railroad Operator as additional named insureds.

13.01.1 Commercial General Liability:

$1,000,000.00 each occurrence/$2,000,000.00 in the aggregate

7

File # 2025 - 25 2025 DOCK LEASE - 07 - 01-2025 A;? Breakwater Condo LaconiaI

13.02 The TENANT further agrees to obtain and keep in force a policy or policies of insurance providing

Comprehensive General Liability or Comprehensive Personal Liability with a minimum

$1,000,000.00 per occurrence limit covering bodily injury and property damage and $2,000,000.00

in the aggregate designating the State of New Hampshire and Plymouth & Lincoln Railroad as

additional named insureds.

13.03 Procurement and delivery of a certificate indicating such insurance acceptable to the

LANDLORD is a condition precedent to the effectiveness of this Agreement. The TENANT shall

provide to the LANDLORD a certificate of insurance demonstrating that the required coverage

has been obtained and containing the following wording. "The State of New Hampshire and

Plymouth & Lincoln Railroad are named as additional insured with respect to liability arising from

the use and/or occupation of State-owned premises under this Agreement between the

LANDLORD and the Named Insured." Nothing contained herein shall be construed as a waiver

of sovereign immunity.

13.04 In the event the TENANT elects to retain an independent contractor to install the crossing the and

the independent contractor will be required under the terms of a Temporary Use Agreement to

obtain and maintain a policy or policies of insurance effective during the construction of the

FACILITY for Comprehensive Automobile Liability, Worker's Compensation Insurance and

Railroad Protective Public and Property Damage Liability designating the State of Ne\

Hampshire and the Railroad Operator as additional insureds.

13.05 No provision of this Agreement is intended to waive any aspect of the State's sovereign

immunity, and any possible counterclaims or defenses it may assert relative to any claim brought

related to this Agreement or the FACILITY.

14. BONDING

14.01 A performance bond or a bank's irrevocable letter of credit in the amount of to be

determined by the Landlord' Railroad Operations Engineer will be required in the Temporary Use

Agreement for constructing the Facility.

15. HOLDOVER BY TENANT

15.01 No holdover by the TENANT will be permitted. The LANDLORD and TENANT must execute a

new LEASE upon expiration of an existing LEASE in order for a TENANT to remain in possession

of the premises.

16. DEFAULT

16.01 The LANDLORD shall be the sole judge of what shall constitute a violation of the provisions of the

LEASE, or the failure of the TENANT to otherwise abide by any of the covenants herein containe

and may order a discontinuance of the practices, or the performance of any of the work related to sucn

8

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 M n Breakwater Condo Laconia

default by giving the TENANT ten (10) days' notice in writing. Failure of the TENANT to comply

with the notice shall automatically give the LANDLORD the right to terminate this LEASE evict the

TENANT and take full and complete possession of the premises.

17. TERMINATION OF LEASE FOR CAUSE

17.01 In the event that the TENANT shall default in the payment of any installment of rent or other

sum herein specified and such default shall continue for ten (10) days after written notice,

thereof, or if the TENANT shall default in the observance or performance of any other of the

TENANT'S covenants, agreements, or obligations hereunder and such default shall not be

corrected within ten (10) days of written notice by the LANDLORD to the TENANT specifying

such default and requiring it to be remedied then, and in such an event, the LANDLORD may

serve a written notice of termination of this LEASE upon the TENANT and this LEASE and the

term hereunder shall terminate and upon such termination the LANDLORD may immediately or

at any time thereafter, without demand or notice enter into or upon the premises and repossess

the same.

17.02 If it becomes necessary for the LANDLORD to institute suit for eviction or damages on account of

rental arrears or violation of the terms of this LEASE, the LANDLORD shall be entitled to include

in such suit for eviction or damages, a claim for attorney's fees and court costs incident thereto, which

fees the TENANT hereby covenants and agrees to pay.

18. TERMINATION FOR CONVENIENCE

18.01 The LANDLORD may terminate the LEASE at any time by giving thirty (30) days' notice thereof in

writing and may take full and complete possession of the premises hereby leased, at the end of said

thirty (30) day period with no further liability of any nature whatsoever to the TENANT for so doing.

Should the LANDLORD terminate this LEASE by giving the thirty (30) days' notice during any

period for which a full year's rent has already been paid, the LANDLORD will reimburse the

TENANT for the pro-rata proportion of the remaining number of days for which rent has been paid

in advance but during which the TENANT no longer occupy the premises.

18.02 The TENANT may terminate this LEASE Agreement at any time by giving at least thirty (30) days'

notice in writing, specifying in said notice the day (and the time of day) on which possession of the

premises will be surrendered. The TENANT shall not vacate or leave the premises unattended on the

day of surrender until the LANDLORD'S representative shall have sufficient time to check the

premises prior to talcing formal possession thereof. If the TENANT shall terminate this LEASE in

accordance with the above provisions, payment of rent shall cease at the end of the said thirty (30)

day period, or at the end of the day on which possession shall be surrendered, whichever shall last

occur.

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 Breal<water Condo Laconia1

19. SURRENDER OF THE PREMISES

19.01 In the event that the term or any extension thereof shall have expired or terminated, the

TENANT shall peacefully quit and surrender to the LANDLORD the premises together with all

improvements, alterations, or additions made by the TENANT, which cannot be removed

without damaging the premises. The TENANT shall remove ail personal property and shall

repair any damage caused by such removal. The TENANT'S obligations to observe or perform

the covenants contained herein shall survive the expiration or termination of this LEASE.

20. INDEMNIFICATION AND RELEASE FROM LIABILITY

20.01 The TENANT further releases the LANDLORD, its agents and employees, from any and all

claims or demands for damages or injuries of any nature whatsoever attributable to the taking,

use and occupancy of any portion of the premises caused by the construction and maintenance by

the State of New Hampshire of any transportation project or proposed project which abuts (or

will abut) or may effect in any way the property herein leased.

21. DISCRIMINATION PROHIBITED

21.01 The TENANT hereby covenants and agrees that no person on the ground of race, color, national origin

or sex, shall be excluded from participation in, denied the benefits of, or be otherwise subjected f

discrimination in the use of the premises, and that in the construction of any improvements on, ove.

or under such premises and the flimishing of services thereon, no person on the ground of race, color,

national origin or sex shall be excluded from participation in, denied the benefits of, or otherwise be

subjected to discrimination, and that the TENANT shall use the premises in compliance with all

requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of

Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may

be amended.

22. MISCELLANEOUS

22.01 LANDLORD'S Agents. All rights and obligations of the LANDLORD under this LEASE may be

perfomted or exercised by such agents as the LANDLORD may select.

22.02 Notice. Any notice by a party hereto to the other party shall be deemed to have been duly delivered

or given at the time of mailing by registered or certified mail, postage prepaid, in a United States Post

Office.

22.03 All notices required pursuant to this Agreement shall be forwarded by registered or certified mai'

to the following;

10

-2025 IFile # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 O ^ Breakwater Condo Laconia

To State: To the Permittee:

NH Department of Transportation Breakyvater Condominium Association

Bureau of Rail & Transit 1 Starboard Way

PC Box 483 Laconia, NH 03246

Concord, NH 03302-0483

Attention: Attention: Mr. Peter Henderson

Railroad Property Specialist Treasurer

603)271-2425 617-686-0424

RaiIroadPropertv@,dot.nh. go v phsudbury@201.com

22.03 Extent of Instrument, Choice of Laws, Amendment, etc. This LEASE, which may be executed in a

number of counteiparts, each of which shall have been deemed an original, but which shall constitute

one and the same instrument, is to be construed according to the Laws of the State of New Hampshire,

is to take effect as a sealed instrument, is binding upon, inures to the benefit of, and shall be

enforceable by the parties hereto and their respective successors and assigns, and may be canceled,

modified, or amended only by a written instrument executed and approved by the LANDLORD and

the TENANT.

22.04 No Waiver of Breach. No assent, by either party, whether express or implied, to a breach of covenant,

condition or obligation by the other party, shall act as a waiver of a right of action for damages as a

result of such breach, or shall be construed as a waiver of any subsequent breach of the covenant,

condition or obligation.

22.05 Unenforceable Terms. If any temis of this LEASE or any application thereof shall be invalid or

unenforceable, the remainder of this LEASE and any application of such term shall not be affected

thereby.

22.06 Entire LEASE. This LEASE embodies the entire agreement and understanding between the parties

hereto and supersedes all prior agreements and understandings relating to the subject matter hereof.

22.07 No Waiver of Sovereign Immunity. No provision in this LEASE is intended to be nor shall it be

interpreted by either party to be a waiver of the State's sovereign immunity.

Attachments:

Topographic Map (dated 3-27-2025)

Leased Area Valuation Section 21, Sheet 66 (dated 7-1-2025)

Typical Timber Planked Crossing Detail (dated 9-20-2023)

Pedestrian Crossing Signage (dated 1-18-2023)

Railroad Crossing Emergency Notification Sign (dated 5-21-2025)

NHDOT ROW (dated OH 8-2025)

11

File # 2025 - 25 2025 DOCK LEASE - 07 - 01 - 2025 Breakwater Condo Laconia

POW (dated 6-25-2025)

NHDOT Railroad Rate Schedule (dated 08-28-2023)

RSA 228;57-a CPl Calculation Table (dated 3-12-2025)

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, the day and year first-

written above.

TENANT

By:

1ll?o 74

Print Name and Title a_ VIv£ XJ f ^

STATE OF

COUNTY OFt

On.^^<?Ay, before the undersigned officer personally appeared Hn/t—^known to me (orsatis^cto'rily proven) to be \\^z7r/yj sijr/r/^oi the corporation identified in the foregoing document,

acknowledged that he executed the foregoing document.

In witness whereof I hereunto set my hand and official seal.

n--h0'>'5'

JOCELYN FRANCIS

Notary Public

nlW jl COMMONWEALTH OF MASSACHUStTTSMy Commlsf ion Expires OnAugust 14.2026

Date Notary Public (MI

LANDLORD

Date:

\aJ

Commissioner

New Hampshire Department of Transportation

12

File #2025-25 2025 DOCK LEASE - 07 - 01 - 2025 C? Breakwater Condo Laconia

The foregoing Agreement, having been reviewed by this office, is approved as to form and execution on

Zlr 20iic.^

OFFICE,OF THE ATTORNEY GENERAL

Attomey

Approved by Govemor and Council on, 20, Item # _

ATTEST;

Secretary of State

Approved by New Hampshire Council on Resources and Development on May 14, 2015.

Approved by Long Range Capital Planning and Utilization Committee on April 14, 2025.

13

State of New Hampshire

Department of State

CERTIFICATE

I, David M, Scanlan, Secretary of State of the State of New Hampshire, do hereby certify that BREAKWATER

CONDOMINIUM ASSOCIATION is a New Hampshire Nonprofit Corporation registered to transact business in New

Hampshire on November 20, 1987. I further certify that all fees and documents required by the Secretary of State's office have

been received and is in good standing as far as this office is concerned.

Business ID: 121519

Certificate Number: 0007311520

"7^

'0'.

IN TESTIMONY WHEREOF,

1 hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 13th day of October A.D. 2025.

David M. Scanlan

Secretary of State

BREAKWATER CONDOMINIUM ASSOCIATION

1 Safe Harbor Way

Laconia, NH 03246

CERTIFICATE OF VOTE

I, Sandra Allen, do hereby certify that I am the duly elected Secretary of Breakwater

Condominium Association. I hereby certify the following is a true copy of a vote taken

at a meeting of the Board of Directors of the Breakwater Condominium Association, dulycalled and held on June 7,2025, at which a quorum of the Board was present and voting.

Voted: To ratify that Peter Henderson was duly authorized to enter into a specific Dock

Lease Agreement with the State of New Hampshire, through the Department of

Transportation, Bureau of Rail & Transit in full force and effect on July 30, 2025, and

further authorize him to execute any documents which may in his/her judgment be

desirable or necessary to affect the purpose of this vote.

T hereby certify that said vote has not been amended or repealed and remains in full force

and effect as of the date of the contract for which this certificate is attached. This

authority remains valid for thirty (30) days from the date of this Corporate Resolution.

I further certify that it is understood that the State of New Hampshire will rely on this

certificate as evidence that the person(s) listed above currently occupy the position(s)

indicated and that they have full authority to bind the corporation. To the extent that

there are any limits on the authority of any listed individual to bind the corporation in

contracts with the State of New Hampshire, all such limitations are expressly stated

herein.

DATED: ATTEST:

STATE OF NEW HAMPSHIRE

COUNTY OF

On, tp l]3 2025, before the undersigned officer personally appeared the personidentified in the foregoing certificate, known to me (or satisfactorily proven) to be the

Treasurer of the corporation identified in the foregoing certificate, and acknowledged that

he executed the foregoing certificate.

In witness whereof I hereunto set my hand and official seal.

■ I. M

■ if I U r'

y\CORcf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDrnrVY)

07/31/2025

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on

this certificate does not confer rights to the certificate holder in lieu of such Gndofsement(s).

PRODUCER

Melcher & Prescott Insurance

426 Main Street

Laconia NH 03246

David FlcaroNAME:

E.n. (603)524-4535 r/5S.N.h

AnrRF<;ft- dficaroigmelcher-prescott.com

INSURER(S) AFFORDING COVERAGE NAICf

INSURER A American Alternative Ins. Co. 19720

INSURED

Breakwater Corxjominium Association

1 Safe Harbor Way

Laconia NH 03246

INSURERS

INSURER C

INSURERS

INSURER E

INSURER F

COVERAGES CERTIFICATE NUMBER: CL2572914036 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSUFIANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE

[ronq

INSD

[5USR"

WVD POLICY NUMBER

POLICY EPF

fMM/DOnrYYY)

POLICY EXP

(MM/DD/YYYY)

COMMERCIAL GENERAL UABiUTY

CLAIMS-MADE | X| OCCUR

EACH OCCURRENCE

DAMAGE TO f'^ENTEO '

PREMISES occurrence)

MED EXP (Any person)

CAU512459-5 07/01/2024 07/01/2026 PERSONAL & ADV INJURY

GENl AGGREGATE LIMIT APPUESPER:

POLICY I I j£CT I I l-OC

GENERAL AGGREGATE

PRODUCTS - COMPOPAGG

OTHER:

AUTOMOBILE LIABILITY

ANYAUTO

COMBINED SINGLE LIMIT

(Ea accidftnh

BOOl-Y INJURY (Per person)

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY X

SCHEDULED

AUTOS

NON-OWNED

AUTOS ONLY

CAU5124S9-5 07/01/2024 07/01/2026 DODLY INJURY (Per accideni)

PROPERTY DAMAGE

(Per acciden:)

2,000,000

1,000,000

5,000

2,000,000

2,000,000

S 2.000,000

UMBRELLA LIAB

EXCESS LIAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE

AGGREGATE

DEO I RETENTION S

WORKERS COMPENSATION

AND EMPLOYERS' LIASIUTY

ANY PROPRETOR/PARTNER'EXSCUTIVE

GFFICER'MEMBER EXCLUDED?

(Mandatory In NH)

If yes. describe under

DESCRIPTION OF OPERATIONS below

PER OTH-

STATUTE ER

□ E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE-POLICY LIMIT

DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AdJItionil Remafhs Schedule, may be aHached If more space Is required)

The State of New Hampshire and Plymouth & Lincoln Railroad are named as additional insured with respect to liability arising from the use and/or

occupation of State-owned premises under this Agreement between the Landlord and the Named Insured. Nothing contained herein shall be construed as a

waiver of sovereign immunity.

CERTIFICATE HOLDER CANCELLATION

State of NH Department of Transportation & Piymouth & Lincoln

Railroad

7 Hazen Drive

Concord NH 03002

I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

BREAKWATER CONDOMTNTUM UNIT OWNERS' ASSOCIATION, LACONIA

DOCK LEASE, PEDESTRIAN AND UTILITY CROSSING OF STATE OWNED RAILROAD

SHORE FRONT PROPERTY

(RSA 228:57-A)

March 27, 2025

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LEASED AREA

NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

BUREAU OF RAIL & TRANSIT

Lot 307-447-4

Location of pedestrian

crossing and leased

premises...

Paugus Bay

FILE NO. 2025-

LEASED TO: Breakwater Unit Owners Assoc

V21/66

Stations 1574+35+/- to 1575+85+/-,

^ 150+/- Linear Feet

Concord-Lincoln Railroad Corridor

Laconia

NHDOT

7-01-2025

TIMBER PLANKED CROSSING DETAIL

Notch timbers as

needed around

spikes and tie plates

so Timber is tight

against railhead

Culverts

may be

required in

trackside

ditches

depending

on site

conditions

Roil size as specified or exists

Leave 2.5 wide Pressure treated timber

■ flangeway opening X planking bolted to ties

Adjust timber size to be

X" above roil

I

\7 X 9 X 9' Tie

NHDOT Approved Geo-textile

placed below/sides of all ballast

<a

S>

o *

100% fractured face rock ballast to a

minimum depth of 12" below each tie

and a minimum width of 12" at the

end of each tie

W;

Gravel

or paved

approach

Typical

Install 6" pvc underdrain with crushed

rock if conditions require (both sides)

as directed by Railroad Operations Engineer.

1. The length of the timbers will vary depending on whether the crossing is

to be used for a pedestrian crossing, a form crossing or driveway.

2. Timbers must be installed 2' wider on both sides than the rood

approaches. A pedestrian crossing should be a minimum of 5' wide,

The farm and driveway crossings should be a minimum of 12' wide.

3. Full depth rock ballast under the ties only needs to be installed if

it is necessary to rebuild the entire crossing.

4. Timber planks should be lagged at the last tie on both ends and

then staggered hitting approximately every fourth tie.

5. This is a conceptual plan and the actual site will need to be reviewed

with the Bureau's Railroad Engineer before actual work can

be determined.

6. New crossties and track work may need to be preformed before the

crossing con be built. The cost of that work which must be done by the

Operating Railroad will be borne by the Permitee

Not to scale

STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

BUREAU OF RAIL Se TRANSIT

P.O. BOX 483

CONCORD, NEW HAMPSHIRE 03302-0483

TYPICAL TIMBER PLANKED

CROSSING DETAIL

"5^

H8VI310H9

September 20, 2023

SHEET:

CT-1

R15-1

24"x4.5" (typ)

CROSS BUCK

o

A \S

o o

o

REDSTOP SIGN

NOTES

1. Cross Buck and Stop Sign shall

conform to the requirements of the current

edition of the USDOT-FHWA "Manual on,

Uniform Traffic Control" (MUTOD).

2. Galvanized Steel U-Channel post shall

WHITE NHDOT Spec 615.2.5.3 and shallbe a min of 2.5 lbs/ft. Each sign to have

two 3/8" diameter holes pre-drilled, 1" min

hull I l(jp and 1" iiiiii riuiii llie bulluiii uf

post, and continue at 1" c-c along the

vertical centerline of post.

ENS SIGN

STOP

vl/

PRIVATE

CROSSING SIGN

Report Problem

or Emergency

(xxx) xxx-xxxx

X-ING xxxxxxx

Rl-l

18"X18"

1-13 12"x9"

PRIVATE

CROSSING

4 FT MIN

SHOULDER

X«<^^RADE ■s/,

36"

3. Private Grossing Sign: 18" x 7", 1/4"

wide X 2" high black letters on white

DacKgrouno. o.oso" inicK Aluminum

(6061-T6)

4. The ENS Sign: White letters on Blue

background, emergency phone # and

crossing ID # will be provided by the

Hailroad operator

5. Sign posts shall be installed 15 ft from

the nearest rail and the nearest edge of

any sign shall be 6 ft min from the edge oi

Travel way.

6. Each sign to have two 3/8" diameter

holes pre-drilled (1" min from top and 1"

min from the bottom of sign, on vertical

centerline of sign).

7. This detail is provided to be guide,

reference the current edition of the

USDOT-FHWA "Manual on Uniform

Traffic Control" (MUTOD) for specific

guidance for each location.

PEDESTRIAN CROSSING SIGNAGE

Chuck Corliss RE, Dated January 18, 2023

STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

BUREAU OF RAIL & TRANSIT

Galvanized Steel

U-Channel, See note #2

P.O. BOX 483

CONCORD, NEW HAMPSHIRE 03302-0483

(603) 271-2468 FAX(603) 271-6767 Plan Sheet 1 of 1

REPORT PROBLEM

OR EMERGENCY

(800)-398-3483

X-ING ■IKiillA 7

1-13

Railroad Emergency Notification

15"X9"

Recommend 4'-0"

SHOULDER

Recommend 3'-0"

BLUE (BACKGROUND)

WHITE (COPY 8.

BORDER)

Sign placement shall be 15 ft

from the nearest rail.

RAILROAD CROSSING

EMERGENCY NOTIFICATION

SIGN (ENS)

SL-2

NHDOT

Concord-Lincoln Rail line Only

Revised Date May 21, 2025

File #2020-25

New Hampshire DOT Right-of-Way

38 ft 28 ft

<1 Right-of-WayRight-of-Way

Railroad Tie

Rail (typical)

Existing Ground

(typical)

To Lake (typical)

Railroad Cross Section

Not to Scale

Facing North

Valuation Section 21, Sheet 66

MP C29.91 Station 1574-f75

Note: This Is a generic railroad cross

section provided to demonstrate the

Railroad Owners property (ROW) from

the base line as shown on Valuation

Section Sheet referenced.

NHDOT Riaht-of-Wav

-Concord-Lincoln Railroad Corridor-

Breakwater Condominiums, Laconia

Revised Date June 18, 2025

File # 2020-25 Breakwater-Laconia

Attachment June 25, 2025

STANDARD PROSECUTION OF WORK FOR A PEDESTRIAN

CROSSING CONSTRUCTED ON NH DOT RAILROAD PROPERTY

DESCRIPTION OF WORK

The work entails the installation of a pedestrian timber crossing across state-owned Concord-

Lincoln Railroad Corridor (the "Corridor") by the Permittee. The work area will require an

inspection by the Corridor Owner, or their designee, to determine the condition of the existing

track materials, drainage, sight distances, signage and other track related items before the crossing

is installed. New cross ties, stone ballast, drainage and other track work may be required before

the timber crossing can be installed. The cost of all this work plus the cost of required

oversight/inspection/safety-related staff from the Corridor Owner and Railroad Operator, as

detailed below or in the TUA itself, shall be paid by the Pemrittee. Railroad inspectors and flaggers

fumished by the Railroad Operator for this project must be paid in advance by the Permittee.

A representative of the NHDOT Bureau of Rail & Transit (Bureau) will meet with the Permittee

on site to determine the exact location of the new crossing, to inspect the track and to determine

exactly what track improvements are required before the pedestrian crossing is installed. This

Prosecution of Work only applies to the pedestrian crossing and does not provide any information

or authority to cross the Corridor with constniction equipment. Additional licenses, pennits,

information and/or approvals from the Corridor Owner will be required to transport construction

equipment or wheeled vehicles across the railroad tracks.

CORRIDOR OWNER AND RAILROAD OPERATOR

The Permittee shall coordinate all work on this project with the Corridor Owner and the Railroad

Operator.

State of New Hampshire (Corridor Owner)

Julie L. Mathews, P.E.

Railroad Operations Engineer

Bureau of Rail & Transit

Tel. (603)271-2468

Email: RailroadProperty@dot.nh.gov

Plymouth & Lincoln RR (Railroad Operator)

Garrett Stevens, Roadmaster

PO Box 9

Lincoln, NH 03860

Tel. 603-913-7760

File # 2020-25 Breakwater-Laconia

Attachment 25, 2025

RAILROAD COORDINATION

This project is located on an active railroad line that has both scheduled and unscheduled on-rail

movements. All work performed within the Corridor shall be coordinated with the Corridor Owner

and performed under the supervision of the Railroad Operator. The Railroad Operator will handle

all on-rail traffic coordination while the crossing is being constructed and while the crossing is

being used for workers and materials to cross the Corridor to access the shoreland for dock

installation work. Railroad flagging protection will be required for these uses.

Additional coordination, approvals and fees due to the Railroad Operators are included in other

sections below.

RIGHT-OF-WAY AND PROTECTION OF PROPERTY

The Permittee shall not modify the Corridor in any way without the written permission of the

Corridor Owner.

ACCESS FOR DOCK INSTALLATION/REMOVAL

If the Permittee, or a dock installatioaTemoval company hired by them, needs to cross the Corridor

with people (i.e. workers) and materials, coordination with the Corridor Owner and Railroad

Operator is required and permission must be obtained by the Corridor Owner and Railroad

Operator before goods can be moved across the corridor for installation/removal of dock and/or

mooring-related components. The Railroad Operator, in consultation with the Corridor Owner,

will determine whether Railroad Operator flaggers and/or personnel are necessary for such dock

and/or mooring installation/removal access. If deemed necessary, the cost of these services shall

be borne by the Permittee.

No wheeled or tracked equipment, including vehicles and construction equipment, is permitted to

be moved across the Corridor for dock installation/removal. Should dock and/or mooring

installation/removal work necessitate wheeled or tracked equipment, a separate and specific

Temporary Use Agreement will be required for a temporary crossing to cross the tracks for these

purposes.

CONSTRUCTION REQUIREMENTS

New Railroad Pedestrian Crossing (including Access Path)

The construction of the new crossing shall be performed by the Railroad Operator, or a qualified

independent Railroad Contractor that is approved by the Corridor Owner and the Railroad

Operator. If the Permittee chooses to hire an approved independent Railroad Contractor, then the

Permittee will be required to obtain Railroad Insurance and pay the Railroad Operator's inspector

and flagger to be on site while the crossing is being constructed, if deemed necessary by the

Railroad Operator. Prior to beginning any work on the Facility/Project, the Permittee shall notify

the Corridor Owner and Railroad Operator of their proposed schedule of work on the railroad

portion of the project.

File # 2020-25 Breakwater-Laconia

Attachment June 25, 2025

Specifically, the following shall apply:

1. The Permittee shall follow an approved Plan showing details of the crossing including

ditching, drainage, signage, fencing and crossing construction. Any changes in the method

of construction of the crossing must be approved in writing by the Corridor Owner. No

work shall begin on the project before the Plan submitted by the Permittee is reviewed and

approved by the Corridor Owner.

a. Fencing is required by the Corridor Owner at this time and the Corridor Owner reserves

the right to require additional fencing and gates to be installed by and paid for by the

Permittee in the future if conditions warrant in the Judgement of the Corridor Owner.

2. The Permittee shall be responsible for contacting Dig Safe (1-888-344-7233) prior to

beginning any excavation work on the Corridor.

3. The Permittee shall furnish, install and maintain all necessary siltation and erosion control

measures necessary to prevent damage to the Corridor.

4. The new access shall be limited to 6 ft. wide and must be constmcted so it does not interfere

with drainage flow along the Corridor.

5. The access shall consist of 4" thick crushed gravel (3/4" stone) base material graded into

the new crossing surface and extended to the limit of railroad property and graded to match

into the existing surface.

6. The Permittee shall furnish and install a minimum of a 15" PVC culvert in the existing ditch

line on both sides of the tracks as shown on the approved Plan. The ditch line shall be

modified to ensure that the culvert drains properly and that the flow in the ditch line is not

impeded.

7. The ground in the area of the crossing and approaches shall be regraded and seeded to its

original contours.

8. Railroad Impacted Soils - All railroad corridors have the high potential for soil

contamination; the NH Department of Environmental Services (NHDES) requires treating

Railroad ballast/slope materials as impacted soils as they routinely contain non-leachable

impacts just above the allowable limits to be considered "clean material." This includes

all topsoil. Ml depth, whether it be 4", 6", 12" depth.

• Areas with no topsoil, the first 6" of soil depth.

• All ballast material, stone or cinders to a depth of 4' extending approximately 6' from

centerline of the existing railroad track.

The Permittee has two options to address these potentially contaminated soils:

1. They can be excavated to the above parameters, tested and disposed of properly

offsite per all NH Department of Environmental Services rules (solid waste); or

2. Following NHDOT's written approval of volume, location, grading, etc. they can

be placed back within the exi.sting NHDOT Railroad ROW in an approved location

that must be above the water table, not on a steep slope, doesn't

overlay/contaminate the existing railroad stone ballast and doesn't interfere with

drainage ditch lines.

File # 2020-25 Breakwater-Laconia

Attachment June 25, 2025

9. The existing rail and ties in the area of the new crossing will be removed and replaced by

the Railroad Operator or a contractor approved by the Corridor Owner and the Railroad

Operator as directed by the Corridor Owner (Railroad Operations Engineer). The

Permittee is responsible for hiring and paying the cost of the contractor to install the

crossing, whether that Contractor is the Railroad Operator or an approved Contractor.

10. Install new 6" x 8" x 8'-6" grade #3 creosoted (7 lb. retention) cross ties 100% end-plated

in the area under the proposed new crossing as needed per the direction of the Railroad

Operations Engineer prior to installing the crossing. The existing tie plates may be reused,

but new 6" x 5/8" soft steel cut spikes must be used. Additional stone ballast per NHDOT

specifications will be required to properly fill the cribs and support the new ties. All

existing or new ballast shall be thoroughly tamped using mechanical tamping equipment to

return the rails to the proper line and grade.

11. Furnish and install new timbers through the crossing as shown on the Standard Detail Flan.

The width of the timber planked crossing and shoulders over the railroad tracks must be as

wider on each side of the track as the walk width on the approaches or as directed by the

Corridor Owner.

12. The Permittee shall furnish and install appropriate signage as shown on the attached sign

detail sheet, including Emergency Notification Sign referencing AAR DOT #xxx-xxxx.

(Number to be provided by the Corridor Owner.) The Permittee shall be responsible for

replacement of this signage if it becomes damaged or is missing.

13. At no time shall any Permittee's equipment, including any Contractors that will be

working on the shorefront piece of the property, enter onto the Corridor or cross the tracks

without the expressed written permission of the Corridor Owner and the Railroad Operator

and the presence of flagger or inspectors from the Railroad Operator on site. A separate

Temporary Use Agreement is required for a temporary crossing for construction equipment

to cross the tracks.

14. The Peimittee shall be responsible for all costs to repair damage to the railroad tracks, ties,

ballast or railroad property caused by them (or their contractors or assignees) and/or their

unapproved action.

15. Once the new crossing is complete, the Permittee will be responsible to keep the brush and

grass cut down on the 4 sight triangles, fhe Permittee must contact the Railroad Operator

to obtain permission to enter onto railroad property to maintain sight lines.

NHDOT Railroad Rate Schedule

NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

BUREAU OF RAIL & TRANSIT

Methodology

Total Cost = Labor + Mileage + Materials

Updated: August 28, 2023

A. Labor Rates (including onslte & travel) Work Betails/Descriptioa Bureau Employee

Rate

U of Hours Total

Average Bureau Rate (Per Employee) S 67.00 S

SUB-TOTAL $

B. Federal Mileage Rate Work Detatls/Descriptlon 2023 Mileage Rate # of miles Total

State Vehicle Charge (Per Vehicle) S 0.655 $

S

SUB-TOTAL $

C. Actual Materials and Supplies Cost Cost Qty Total

S

$

SUB-TOTAt.

TOTAL S

Notes:

Rate schedule is updated annually; costs arc based on the annual rates in cfTcct when work occurs.

It" representatives other than NHDOT staff are used, the methodology will be the same, but the rates will be at the in-effect rales of the third-party and as

approved by NHDOT.

New Hampshire Department of Transportation

Bureau of Rail & Transit

RSA 228:57-a Leasing Certain Portions of Railroad Properties

DOCK LEASE RATE CPI 2025-2029 3-12-2025

US Bureau of Labor Statistics Rate Calculation

2010 2% $ 30.00 2.00% $ 0.60 $ 30.60

2011 3% $ 30.60 3.00% $ 0.92 $ 31.52

2012 2% $ 31.52 2.00% $ 0.63 $ 32.15

2013 1.40% $ 32.15 1.40% $ 0.45 $ 32.60

2014 1.40% $ 32.60 1.40% $ 0.46 $ 33.05

2015 -0.10% $ 33.05 -0.10% $ (0.03)$ 33.02

2016 1.10% $ 33.02 1.10% $ 0.36 $ 33.38

2017 1.80% $ 33.38 1.80% $ 0.60 $ 33.99

2018 2.20% $ 33.99 2.20% $ 0.75 $ 34.73

2019 1.60% $ 34.73 1.60% $ 0.56 $ 35.29

2020 1.30% $ 35.29 1.30% $ 0.46 $ 35.75

2021 3.90% $ 35.75 3.90% $ 1.39 $ 37.14

2022 7.00% $ 37.14 7.00% $ 2.60 $ 39.74

2023 3.50% $ 39.74 3.50% $ 1.39 $ 41.13

2024 3.40% $ 41.13 3.40% $ 1.40 $ 42.53

2020 -24 Lease amounts (by Linear Foot)

50 X $34.97 = $ 1,748.50

58x34.97= $2,028.26

75 X $34.97 = $ 2,622.75

150 X $34.97 = $5,245.50

200 X $34.97 = $6,994.00

225 X $34.97 = $ 7,868.25

280 X $34.97 = $9,791.60

550 X $34.97 = $19,233.50

1351 X $34.97 = $47,244.47

Note; Source of table (New Hampshire Employ

https://www.nhes.nh.gov/eimi/statistics/doci

2025-29 Anticipated Lease amounts (by Linear Foot)

50 X 42.53= $2,126.50

58 X $42.53 = $2,466.74

75 X $42.53 = $3,189.75

150 X $42.53 = $6,379.50

200 X $42.53 = $8,506.00

225 X $42.53 = $9,569.25

280 X $42.53 = $11,908.40

300 X 42.53 = $12,759.00

375 X $42.53 = $15,948.75

550 X $42.53 = $23,391.50

1275x42.53 = $54,225.75

1351 X $42.53 = $57,438.03