Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 9

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

9

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

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

TELEPHONE: (603) 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

THE STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

William Cass, P.E.

Commissioner

David Rodrigue, P.E.

Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

Her Excellency, Governor Kelly A. Ayotte Bureau of Rail & Transit

and the Honorable Council February 6, 2026

State House

Concord, New Hampshire 03301

REQUESTED ACTION

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

agreement with Scenic Cove Condominium Association (783 Scenic Rd, Laconia), in the amount of

$32,147.50 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:

04-096-096-964010-29910000 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030

Special Railroad Fund

009-403532

RR Property Sale/Lease $6,379.50 $6,379.50 $6,379.50 $6,379.50 $6,379.50

04-096-096-964010-29910000 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030

Special Railroad Fund

009-407323

Railroad Crossing License Fees $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 requests 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

9

March 25, 2026

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

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 Scenic Cove Condominium Association to

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

Laconia. Scenic Cove 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 2025-2029. Pedestrian, and other

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

The subject lease shall be 150 linear feet at $6,379.50 per year and an additional $50 per year for a private

pedestrian at-grade crossing, for an annual total of $6,429.50 and a 5-year total of $32,147.50.

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. (July 7,

1994)

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

Attachment

From:

LRCP 25-019

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION.- ~1

Louis A. Barker

Railroad Planner

thru: Nicole Bryant~

Administrator

At:

Shelley Winters, Director.S~ t.1.l1:.~\1,.<.,

Division of Aeronautics, Rail & Transit

\¥'SEric Sargent, Administrator

Bureau of Right of Way

Date: March 31, 2025

Dept. of Transportation

Bureau of Rail and Transit

SLB.JECT: Proposed Lease or State-owned Railroad Property on Railroad Corridors

RS/\ 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 I.ong Range Capital Planning and Utilization Committee to renew the attached leases

for railroad frontage along Lake Winnisquam, Lake Winnipesauke, Lake Waukewan and:Vlascoma Lake for private. non-commercial docks with pedestrian at-grade crossing on

the State-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 '.\Jew England 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.

Approved by the Long Range Capital Planning and Utilization

Committee April 14, 2025

DOCKS AND MOORINGS WITH PRIVATE PEDESTRIAN CROSSINGS

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

Proposed 28 March 2025

DOCK I

COST PER LINEAR YEARLY

LINEAR FEE W/ 5 YEAR ANT

m NAME TOWN FOOT FOOTAGE CROSSING DUE

NUMBER

D-01 Destefano (Iuliano) Laconia $42.53 50 $2,176.50 $10,882.50

D-02 ~ ill is Laconia $42.53 50 $2, 176.50 $10,882.50

D-03 Spinosa Laconia $42.53 50 $2,176.50 $10,882.50

IJ-04 Camphell Laconia $42.53 50 $2,176.50 $10,882.50

IJ-05 llurlc1· Laconia $42.53 50 $2,176.50 $10,882.50

D-06 Ratcliffe Laconia $42.53 50 $2,176.50 $10.882.50

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

D-08 Hreakwatcr Condos Laconia $42.53 150 $6,429.50 $32,147.50

0-09 Scenic Cove Laconia $42.53 150 S6.429.50 $32.147.50 --

D-10 Correia Laconia $42.53 150 $6,429.50 $32,147.50

D-11 Pearson Belmont $42.53 75 $3,239.75 $ 16.198.75

D-12 Beaudoin Meredith $42.53 75 $3,239.75 $16.198.75

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

D-14 !Grouse Point Meredith $42.53 280 $11,958.40 $59,792.00

D-1:'-

1

1:ast Bluff Highland Meredith $42.53 58 $2,516.74 $12,583.70

U- 16 F ast BlufTVillage Meredith $42.53 58 $2,516.74 $12.583.70

D-17 Corr 1-:nlield $42.53 75 $3,239.75 $16,198.75

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

I. Total fees with crossings arc calculated per year for five

years for each location as shown on the table.

2. I,eases for these locations were previously approved by the

I,ong-Range Capital Planning and Utilization Committee.). East Bluff Highland and East Bluff Village Associations

have joint tenancy.

--

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

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

these arc renewals of existing agreements.

I

EXPLANATION

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

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

as dc!ined hy RSA 271:20, by only the railroad corridor. The Tenants own property that abut the

subject railroad corridors for a distance that vary from 50 to 1,351 feet. The 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 lease for an additional five (5) year period beginning July 1, 2025.

As established by RSA 228:57-a and calculated using the New England Consumer Price [ndex

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",

summarizt:s the calculations and the proposed lease rates for each location. The table titled

··Dot.:k and Moorings with Pedestrian Crossing.. lists yearly the lease fee with crossing and the

ti vc-ycar total for each location.

l'hc 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 'kw Hampshire Council on Resources and Development recommendations for these leases

were obtained prior to the original lease. 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.:'\ttachments

File # 2020 - 53 2025 DOCK LEASE-07-01 -2025 Scenic Cove Laconia

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

hereinafter called the "LANDLORD", and Scenic Cove Condominium Association, 783 Scenic Rd, 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 property to the TENANT on an "as is"

basis. This Lease also includes the r ight to construct, reconstru ct and use an at-grade pedestrian crossing of the

r

r ailroad cor idor and of the active railroad tracks, hereinafter called the "FACILITY".

WHEREAS the State is the owner of the Plymouth & Lincoln Railroad Corridor (Corridor) in the City of Laconia,

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

under an Operating Agree ment with the State of New Hampshire.

WHEREAS the TENANT's ownership includes a parcel identified as City of Laconia Section 110 and Lot(s) 4

Block 234which is adjacent to the Corridor. Said parcel qualifies,per RSA 228:57-a, for the ability

to lease state-owned r ailroad waterfront for the sole purpo se of installing a dock or mooring (RSA 228:57-a, ll-a).

WHEREAS the LANDLORD is willing to comply with said request, pro vided 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

her ein set forth during the occupancy of said premis es 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 (150 linear feet) located in the City of Laconia on the Conidor at Mile

Post C34.99 Engineeiing Station 1842+50. For reference, length of TENANT's abutting property

shown utilizing centerline. Engineering Station 1842+50 to Station 21 + 71, as shown on the attached

Railroad Valuation Section 21 Sheet 71 (dated 07 -01-2025)(Attached).

1.02 The LANDLO

R

D gra nts 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 C34.99 Engineering Station 1842+50, Section 21 Sheet 71 (attached).

1.03 Blank.

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

plan titled "Railroad Valuation Section 21, Sheet 71, dated July 1, 2025, NHDOT Bureau of Rail &

Transit Plan CT-I Typical Planked Timber Crossing dated 9-20-2023 & Pedestrian Crossing Signage,

dated l-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.

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File # 2020 - 53 2025 DOCK LEASE-07 - 01- 2025 Scenic Cove Laconia

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 tlie nearest rail. The TENANT agrees that it

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. Tlie Emergency Notification Sign shall be 'm white letters

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), arid must provide evidence of required insurance

coverage as specified in Section 13.04 prior tobeginning any work on tliis project.

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

Section dated 07-01-2025 (Attaclied) is provided noting the diniensions eacli direction from the center

line of the track system. Tbe 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 tl'ie lease

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

accordance with Condition 17.01 or 17.02.

2.02 TheTENANTshallnotifytheLANDLORDnolessthansixmonthsbutnomorethantwelve(12)months

of the ending date that the TENANT wishes to enter negotiations for a xiew LEASE of an additional five

(5) year period. If the TENANT and the LANDLORD cannot agree ripon a new LEASE, tlie TENANT

shall surrender to the LANDLORD the premises in accordance with Condition 18.01.

3. SECURITYDEPOSITANDRENT

3.01 TheTENANTagreestopaytotheLANDLORDasaSecurityDepositfordemisedpren'iisestliesum

of N/A ($0.00) dollars to secure the perfon'nance of the TENANT's obligations hereiu'ider.

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

by any breach of the TENANT's obligations hereunder. The TENANT shall not have the iigl'it to

apply the secirity deposit in payinent 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, I(b), "failure

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."

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File # 2020 - 53 2025 DOCK LEASE-07-01- 2025 Scenic Cove Laconia

3.03 Rent is calculated at 150 LF $42.53 per linear foot + $50 for each approved Crossing. Annual Fee is

in accordance with NHDOT RSA228:57-A CPI Calculation Table (dated 3-12-2025).

3.04 Rent sliall be 6.379.50 per year plus $50 for the private pedestrian at-grade crossing, for an

annual total of $6,429.50, invoiced and payable in advance, due July l of eacli year, to the

LANDLORD at the following address:

NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

BUREAU OF FINANCE & CONTRACTS

J. 0. MORTON BtJILDING

PO BOX 483

CONCORD NH 03302-0483

If the total rental amorint is not paid within thirty (30) days after the due date, the LANDLORD sliall

be entitled to a 3% late charge on the total annual rent and subjectto 17.01.

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 peacefiil enjoyirient of the

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

through the LANDLORD.

USE OF PREMISES

5.01 ThepremisesshallbeusedandoccupiedbytheTENANTexchtsivelyasapersonaldock ormooring

with otlier approved crossings, collectively called the FACILITY, and neither the prenuses nor any

part thereof shall be used at any tiine during the tertn 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 dining the term of tl'iis LEASE.

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

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

railroad property, sucli as tlie square footage between the railroad tracks and the shorefront, for

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

purpose of installing a dock or moomg.

5.02 Procurement and delivery of a cuirent Dock or Mooring Peimit 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. The TENANT agrees to fumish a copy of

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File # 2020 - 53 2025 DOCK LEASE - 07 - 01 - 2025 Scenic Cove Laconia

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 furnish documentation to the Bureau of Rail & Transit may

result in the tennination 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 reconstrnction 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 Railroad Valuation Section 2 l, Sheet 71 (dated July I, 2025)

& approved plan titled Typical Timber Planke d Crossing Detail Sheet 1 of 1 (dated 9-20-2023).

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

maintain, repair, relocate and reconstrnct 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. lfrepresentatives other than the State are used, the methodology will be the same, but the rates

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

materials, methods of construction 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 damage

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

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_;(})

File # 2020 - 53 2025 DOCK LEASE - 07 - 01-2025 Scenic Cove Laconia

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 tlie Railroad Operator.

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

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

TENANT's FACILITY shall be repaired by the LANDLORD. The TENANT sliall fully

con'ipensate 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 minintum

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

Operator and inspectors can schedule railroad related work around the constiuction. n'ie

TENANT caru'iot 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 propeity.

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

andprocedures to be tised 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

tlie LANDLORD prior to initial operation of the constnicted FACILITY.

6.09 Tlie TENANT acknowledges that the premises are in good order aiid 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 dean 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

pretnises.

6.10 The TENANT shall be responsible for any damage caused during this tenancy. The TENANT sliall

remm the premises to the LANDLORD in as good order and condition as when received, ordinary

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

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

5

(4)

File # 2020 - 53 2025 DOCK LEASE - 07 - 01-2025 Scenic Cove Laconia

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 whicli the damage occirs, through written notice to the other

party, to be delivered within ten (10) days after the occuirence of sucl'i damage. However, should the

dai'iiage or desttuction occur as a result of any act or omission on the part of the TENANT or its

invitees, then only, the LANDLORD shall have tlie rigl'it to tenninate this LEASE. Should the rigl'it

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

date the damage occurred.

ALTERATTONS AND IMPROVEMENTS

8.01 TlieTENANTshallmakenoalterationstothepremises,includingplantings,orconstnictanybuilding

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

All alterations, changes, and improvements built, consttucted, or placed on the preinises by the

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

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

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

expiration or sooner termination of this LEASE.

ENTRYAND 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 necessaiy or agreed services, or to exhibit

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

TENAaSJT has abandoned or surrendered the pretnises, or whenever necessary to determine the

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

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

eviction action.

ASSIGNMENTAND SUBLETI'ING

10.01 WitlioutthepriorwrittenconsentoftheLANDLORD,theTENANTshallnotassignthisLEASEor

sublet or grant any concessioii or license to use the premses or any part thereof. A consent by tlie

LANDLORD to one assignment, subletting, coricession, orlicense 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 LA'NDLORD's option, terminate this

LEASE.

UTILITIES

11.01 TheTENANTshallberesponsibleforarrangingforandpayingforallutilityservicesrequired

on the premises. Such services shall be installed per NHDOT Bureau of Rail & Traiisit standards

and not witl'iout written pennission from the LANDLORD.

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File # 2020 - 53 2025 DOCK LEASE - 07 - 01- 2025 Scenic Cove Laconia

12. DANGEROUS MATERIAlS

12.01 TheTENANTshallnotkeeporhaveonthepremisesanyaiticleortliingofadangerous,inflammable,

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

might be considered hazardous or extra hazardoris.

13. INDEMNIFICATIONAND INSURANCE

13.01 TheTENANTacknowledgesthattlieFACILITYisbeingrequestedfortheTENANT'sadvantage

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

public. The TENANT fuither 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, tlie 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 tlie TENANT or any agent of the TENANT while upon, or about, or in

theuseoftl'ieFACILITY. TheTENANTanditsemployees,contractorsandagentsagreetodefend,

indemnify, and hold harinless 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 be]ialf of

any person on account of, based or resulting from, arising out of (or wliich 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 tlie 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

agreen'ient, all persons using the FACILITY shall be deemed agents of the TENANT. Tliis

covenant shall survive tlie tennination of this Agreen'ient. In addition, tl'ie 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

13.02 TlieTENANTfurtheragreestoobtaiiiandkeepinforceapolicyorpoliciesofinsutxnceproviding

Comprehensive General Liability or Comprehensive Personal Liability with a minimum

$1,000,000.00 per occurrence limit covering bodily injuiy and propeity damage and $2,000,000.00

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

additional named insureds.

7

File # 2020 - 53 2025 DOCK LEASE - 07 - 01 - 2025 Scenjc Cove Laconia

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 contairung 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 New

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 thls Agreement or the FACILITY.

14. BO NDING

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. HOLDOVERBYTENANT

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 contained,

and may order a discontinuance of the practices, or the perfonnance of any of the work related to such

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 possess10n of

8

File # 2020 a 53 2025 DOCK LEASE - 07 - 01- 2025 Scenic Cove Laconia

17. TERMINATION OF LEASE FOR CAUSE

17.01 IntheeventthattheTENANTshalldefariltinthepaymentofanyinstallmentofrentorother

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

thereof, or if the TENANT shall default in the observance or performance of any otl'ier of the

TENANT's covenants, agreements, or obligations hereunder and such default shall riot be

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

sucli 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

teri'n hereunder shall tenninate and upon such tein'iination the LANDLORD may immediately or

at any time thereafter, without demand or notice enter into or upon tl'ie premises and repossess

the same.

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

rental arrears or violation of the terins of this LEASE, the LANDLORD shall be entitled to inchide

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

fees the TENANT hereby covenants and agrees to pay.

TERMINATION FOR CONVENIENCE

18.01 TheLANDLORDmayterrninatetheLEASEatanytimebygivingthirty(30)days'noticethereofin

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

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

Shorild 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 propoition of the remaining niunber of days for which rent has been paid

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

18.02 TheTENANTmayterminatethisLEASEAgreementatanytirnebygivingatleastthirty(30)days'

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

pren'iises will be surrendered. The TENANT sliall not vacate or leave the premises unattended 011 the

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

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

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

day period, or at tlie end of tlie day on wliich possession shall be surrendered, wtffchever shall last

OCCW.

SURRENDER OF TffE PREMISES

19.01 In the event that the tenn or any extension t}'iereof shall have expired or terminated, the

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

improvements, alteratioi'is, or additions made by tlie TENANT, which cannot be removed

File # 2020 - 53 2025 DOCK LEASE - 07 - 01-2025 Scenic Cove Laconia

without damaging tlie premises. The TENANT sl'iall remove all 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 tliis 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 tlie taking,

use and occupancy of any portion of the premises caused by the constniction 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 propeity herein leased.

21. DISCRIMINATION PROHIBITED

21.01 TheTENANTherebycovenantsandagreesthatnopersononthegroundofrace,color,nationalorigin

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

discrimination in the use of the premises, and that in the constuction of any improvements on, over

or under sucli premises and tlie furnishing of services thereon, no person on the grotmd of race, color,

national origiii or sex shall be excluded from participation in, dei'iied the benefits of, or otherwise be

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

reqriirements imposed by or pursuant to Title 49, Code of Federal Regulations, Depaitment of

Transportation - Effectuation of Tit)e 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

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

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

or given at the time ofmailing by registered or certified mail, postage prepaid, ii'i a United States Post

Office.

22.03 All notices required pursuant to this Agreement shall be fomarded by registezd or certified mail

to the following:

To State:

NH Department of Transportation

Bureau of Rail & Transit

PO Box 483

Concord, NH 03302-0483

To the Permittee:

Scenic Cove Condominium

783 Scenic Road

Laconia, NH 03246

10

File # 2020 - 53 2025 DOCK LEASE-07 - 01 - 2025 Scenic Cove

Attention:

Railroad Property Specialist

603) 271-2468

RailroadProperty(d!dot.nh.gov

Attention: Mr. Larry Bruno

President

978-304-3192

larry@brunobrotherscorp.com

Laconia

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

number of counterparts, 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 terms 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:

Location Topo Scenic Cove (dated 3-28-2025)

R ailroad Valuation Section 2L Sheet 71 (dated 7-1-2025)

NHDOT Bureau of R ail & Transit Plan CT-1 Typical Planked Timber Crossing (dated 9-20-2023).

Pedestrian Crossing Signage (dated 1-18-2023)

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

NHDOTROW (dated 7-1-2025)

POW (dated 6-25-2025)

NHDOT Railroad R ate Schedule (dated 08-28-2023)

NHDOT R SA 228:57-a CPI Calculation Table (dated 3-12-2025)

11

File # 2020 - 53 2025 DOCK LEASE - 07 - 01- 2025 Scenic Cove Laconia

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

written above.

TENANT

Print Name and Title

Date: 7 },ap/,;u,t(;"

STATEOF (tftt4(ctx&3,i=2&

COUNTYOF Svi(%id[

OSait'il.,sflac(:O:ll'2j;-ypr,obVeefno)rteotbheetullne71,,sqitgnl,eedlvo.fficoefrtpheercsoo;aollryatalpopneladreendtl.lfl1e,W;In,t(h':'f'8oreg(<olgnwgnd0tocummee(notrand

acknowledged that he executed the foregoing document.

LANDLORD

BY: Date:

Commissioner

New Hampshire Department of Transportation

12

09/18/2025

Melcher & Prescott Insurance

426 Main Street

Laconia NH 03246

Heather Lemieux

(603) 524-4535

hlemieux@melcher-prescott.com

Scenic Cove Condo Association

783 Scenic Road

Laconia NH 03246

Philadelphia Indemnity Insurance Co 18058

CL2572113980

A Y PHPK2713681-000 06/09/2025 06/09/2026

1,000,000

100,000

5,000

1,000,000

2,000,000

2,000,000

State Of New Hampshire Department Of Transportation

Po Box 483

Concord NH 03302

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F:

INSURER E:

INSURER D:

INSURER C:

INSURER B:

INSURER A:

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: 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 endorsement(s).

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.

OTHER:

(Per accident)

(Ea accident)

$

$

N / A

SUBR

WVD

ADDL

INSD

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 INSURANCE 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.

$

$

$

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below

If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

$

$

$

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

ER

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

$

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

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.

Plymouth & Lincoln Railroad Corridor

Valuation Section 21, Sheet 71

Station 1843+09, Mile Post C35

I Maiden Lady Cove

Scenic Cove Condominiums

\

Scenic Road to Weirs Beach

City of Laconia

LAKE WINNIPESAUKEE

\

\

-.., i

Pl I

� I

i I

/

as directed by Railroad Operations Engineer.

NHDOT Approved Geo-textile

placed below/sides of all ballast

TIMBER PLANKED CROSSING DETAIL

TYPICAL TIMBER PLANKED

CROSSING DETAIL

September 20, 2023

6"

2.5"

1-13

Railroad Emergency Notification

Recommend 4'-011

Recommend 3'-0"

L

l-13ALT

12"X9"

BLUE (BACKGROUND)

WHITE (COPY &

BORDER)

Railroad Crossing

Emergency Notification

Sign (ENS)

File # 2020-53 Scenic Cove - 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 t imber crossing across state-owned Concord-

Lincoln Railroad Corridor (the “Corridor”) by the P ermittee. 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, drain age 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 Permittee. Railroad inspectors and flaggers

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

A representative of the NHDOT Bureau of Rail & Tran sit (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 constructio n equipment. Additional licenses, permits,

information and/or approvals from the Corridor Owne r 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 # 2020-53 Scenic Cove - Laconia

Attachment June 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 C orridor 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 installation/removal company hired by them, needs to cross the Corridor

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

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

Operator before goods can be moved across the corri dor 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 a nd/or personnel are necessary for such dock

and/or mooring installation/removal access. If deem ed 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 tr acked equipment, a separate and specific

Temporary Use Agreement will be required for a temp orary 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 perfo rmed 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 bei ng 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 p roposed schedule of work on the railroad

portion of the project.

File # 2020-53 Scenic Cove - 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 t o 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 D ig Safe (1-888-344-7233) prior to

beginning any excavation work on the Corridor.

3. The Permittee shall furnish, install and maintain a ll 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 constructed 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 ap proved 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 approach es shall be regraded and seeded to its

original contours.

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

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

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

impacts just above the allowable limits to be consi dered “clean material.” This includes

all topsoil, full 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 existing 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 # 2020-53 Scenic Cove - Laconia

Attachment June 25, 2025

9. The existing rail and ties in the area of the new c rossing 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 (Railroa d 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 need ed 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 th e 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 Plan.

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 o n 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 Con tractors 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 Permittee shall be responsible for all costs to repair damage to the railroad tracks, ties,

ballast or railroad property caused by them (or the ir 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. The Permi ttee must contact the Railroad Operator

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

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$

Note: Source of table (New Hampshire Employment Security) Northeast Urban Region CPI-U

2020 -24 Lease amounts (by Linear Foot) https://www.nhes.nh.gov/elmi/statistics/documents/cpinecomp.pdf

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

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

1275 x 42.53 = $54,225.75

1351 x $42.53 = $57,458.03