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Misc. Engineering p~J;? 1832J/l 832W - District 6 & Tum~ Spaulding Turnpike/US 4 -N ewington!Durham (Electric Transmission Facilities)

USE AND OCCUPANCY AGREEMENT

1. The following entities shall be parties to this Agreement made in duplicate this 22/VP day of JYt..V , 2.0 I'/ , and shall be bound by its provisions: •

A. The PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE dib/a EVERSOURCE ENERGY, hereinafter called the "Company", incorporated in the State of New Hampshire, having a principal place of business at 780 North Commercial Street, PO Box 330, Manchester, New Hampshire 03 l 05-0330.

B. The STATE OF NEW HAMPSHIRE, hereinafter called the "State", acting by and through the Commissioner, New Hampshire Department of Transportation (NHDOT), 7 Hazen Drive, PO Box 483, Concord, NH, 03302-0483.

2. The Company, through its consultant, has submitted a set of plans to the State to be incorporated in the Excavation/Encroachment Permit for installation of facilities within the highway right-of-way; and the State has reviewed and approved these plans.

3. This Agreement covers the Use and Occupancy of the Limited Access Right-of-Way (LAR0\\1) of the Sp.aulding Turnpike and US 4 as shown on the attached plans. Such occupancy having been granted by execution of this document and issuance of a pole license covers the installation of electric transmission facilities and an access gate at the location described as follows: the transmission crossing of the Spaulding Turnpike from the Company's easement across the LAROW to another easement located approximately 1,300 feet west of Gosling Road in the Town of Newington, County of Rockingham and the crossing of the LAROW of US 4 adjacent to and west of the Pan Am Railway as well as an access gate through the LAROW fence on the northern side of US 4 from Beech Hill Road and approximately 800 feet west of the railroad in the Town of Durham, County of Strafford, New Hampshire.

The approved plans titled SEACOAST RELIABILITY PROJECT REVISED ENVRONMENTAL MAPS sheets 2of31 and 29 of31 dated July 16, 2018 as prepared by NORMANDEAU ASSOClA TES Environmental Consultants and SINGLE CKT Fl 07 BETWEEN STR. 8 & 9 dated March 17, 2015 and SINCLE CKT F107 BETWEEN STR. 130 & 13 l dated March 17, 2015 with a revision date of June 28, 2019 as prepared by the Company are hereby incorporated in this Agreement.

4. The Company shall submit any proposed alterations to said plans in writing to the State for review and approval by the State.

2

5. The Company shall submit proof of Bonding and Insurance required for the Ex ca v ation/Encroaclunent Permit.

6. All materials supplied and work performed by the Company or its contradur in the installation of the electric. transmission facilities shall be subject to the inspection of a representative of the State. Any deficiencies in materials, methods of construction, or workmanship shall be promptly corrected to the satisfaction of the State.

7. The State has initiated the development of a Global Information System (GIS) to identify facilities, including dtainage and utilities within the ROW. The Company shall submit GPS coordinates based upon the New Hampshire State Plane coordinates system on the North American Datum of 1983 (1996 adjustment by NGS) of the as built electric transmission facilities. The coordinates shall be submitted to the Chief of Design Services, NHDOT, 7 Hazen Drive, PO Box 483, Concord, NH, 03302.

8. The Company shall submit its written maintenance policies and procedures which are to be used for the inspection~ repair~ and maintenance of said facilities to the State for review and approval. Such procedures shall be approved by the State prior to initial operation of the constructed facilities.

9. The Company shall give the State a minimum of two (2) business days' notice of scheduled or nonscheduled maintenance of the electric transmission facilities except emergency repairs, for which the Company shall contact the State while such emergency repairs are being done. Regular maintenance, inspection, and updating by the Company shall not be conducted without prior notification to the State.

10. The costs and expenses for the installation and maintenance of the electric transmission facilities shall be the responsibility of the Company.

11. The Company or their contractor is solely responsible for the presence of their equipment along the State's LAROW. The Company agrees the installation shall be consistent with the State's right to access if necessary.

12. The Company agrees that access to the electric transmission facilities for scheduled or nonscheduled maintenance or for any other purpose shall be made in accordance with the following procedure:

a) Prior to working on or crossing the LAROW of the Spaulding Turnpike, NHDOT Bureau of Turnpikes shall be notified and work will be scheduled with them.

b) Prior to working on or crossing the LAROW of US 4, NHDOT Bureau of Highway Maintenance District 6 shall be notified and work will be scheduled with them.

c) At all times when working within the Spaulding Turnpike and US 4, traffic control devices shall be provided by the Company as required by the State.

3

d) Any and all work done by the Company at these locations shall conform to standards set by the State.

e) Additional requirements or modifications of the above may be further negotiated with and approved by the NHDOT Bureau of Turnpikes and/or NHDOT Bureau of Highway Maintenance District 6 and incorporated by reference.

13. The Use and Occupancy of the LAROW by the Company shall be at the sufferance of the State. The State may terminate this Agreement upon ten (10) days' notice in writing to the Company at the above address. Upon the termination of this Agreement pursuant to this paragraph, the Company shall have ninety (90) days to remove said electric transmission facilities and all appurtenances from the LAROW.

14. The Company shall promptly and at its sole expense make such relocations and adjustments, including removal of facilities if required by the State, as may be necessary to accommodate highway or bridge construction, reconstruction, repair, or maintenance. Such relocation and adjustment shall be at the sole expense of the Company. Notwithstanding any statute or regulation to the contrary which may now exist or hereafter be created, no cost of such relocation or adjustment shall be eligible for participation by the State or Federal Highway Administration (FHW A); and the Company hereby waives any right it may now have or hereafter acquire to request such participation. EXCEPT THAT, the provisions of RSA 228:22 shall govern where applicable.

15. Where applicable, in accordance with RSA 72:23, I(b ), this agreement is made between the parties subject to the condition that the Company shall pay all duly assessed personal and real estate taxes. Failure of the Company to pay the duly assessed personal and real estate taxes when due shall be cause to terminate this agreement by the State. In accordance with the requirements of RSA 72:23, I(b ), the Company shall be obligated to pay personal and real estate taxes on structures or improvements added.

16. The Company agrees that the State, its agencies and their employees, agents, and representatives shall not incur any legal liability whatsoever to the Company for any damage to the electric transmission facilities or to any other property or employee of the Company or to any other person or entity hired by or affiliated with the Company resulting from or arising out of any ownership and use of and operations within the LAROW, including but not limited to inspection, maintenance, cleaning, snow removal, construction, reconstruction, rehabilitation, and repair.

17. The Company shall indemnify, defend, and hold harmless the State, NHDOT, United States Department of Tra~sportation (US DOT), FHW A, and their employees, agents, and representatives against any and all claims, actions, causes of action, demands, liabilities, · losses, penalties, damage of any kind, and failure to comply with any utility-type commission's permitting, regulations, and guidelines, including all actions for indemnity and/or contribution, and including reasonable attorneys' fees, resulting from or arising out of any Company or State ownership, use of, and operations within the LAROW, including but not limited to inspection, maintenance, cleaning, snow removal, construction, reconstruction, rehabilitation, and repair of either the electric transmission

4

or the highway facilities. The indemnification provided under this paragraph shall include, but not be limited to, any and all claims or demands for loss of revenue, income, business or economic opportunity, customers, profits, presence of and occupation of, and service resulting from or arising out of any inability or failure of the electric transmission facilities to provide service as intended by the Company.

18. The Company shall, at the request of the State and at the expense of the Company, provide whatever protection is deemed necessary by the Company or by the State in the event the State performs any work on the highway, including but not limited to inspection, maintenance, cleaning, snow removal, construction, reconstruction, rehabilitation, and repair of the highway facilities.

19. Any damage to the LAROW and the highway facilities contained therein which, as determined by the State, is caused by, results from, or arises out of the installation, maintenance, or presence of the electric transmission facilities shall be repaired by the State. The Company shall fully compensate the State for all costs associated with the repair of any such damage.

20. Upon breach of any provision of this Agreement by the Company, the State may either (a) enforce the breach provision by means of an injunction proceeding, or (b) seek damages, including all consequential damages which arise out of the breach, or both. In any such action to enforce the Agreement or collect damages for its breach, the Company shall reimburse the State for all attorneys' fees reasonably incurred by the State in such action.

21. Notwithstanding any prov1s10n of this Agreement, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant shall survive the termination of this Agreement.

22. This Agreement may be amended only by an instrument in writing signed by the parties hereto and only after approval of such amendment by the State of New Hampshire and the FHW A, if applicable.

23. This Agreement shall be construed in accordance with the law of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns including all agencies, departments, bureaus, authorities, boards, commissions, and committees of the State.

24. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit. The State also shall not be responsible for any negligent/intentional acts of third parties.

25. The Company shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of the, State, except that no consent shall be required for a transfer or assignment to a wholly owned subsidiary or affiliate of the Company or any parent company of the Company.

5

26. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire Agreement and understanding between the parties, and supersedes all prior Agreements and understandings relating hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

THE ST A TE OF NEW HAMPSHIRE Department of Transportation

. s:=z BY~.....c:;;..__ _____ _

David M. Rodrigue, P .E. Director of Operations

j?p<{lAM

PUBLIC SERVICE COMP ANY OF NEW HAMPSHIRE d/b/a EVERSOURCE

BY: (Sig~

&r .:L NcLSt»J (Typed or Printed Name)

Sf<. L-1ct=l'ISllf/&; ~/'1UH6= .S/EZ!4Z-l>T (Title)

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DS92 (R4SB4) Temporary 42

DW105 (PF01) Temporary 153

DW91 (PSS1) Temporary 1240

Temporary 1376

Permanent 6 (Sir. F107-9)

DW93 (PSS1) Temporary 501

DW94(PF01) Temporary 3169

Permanent 20 (Sil: F107-7)

Approximate Parcel Boundary

r• ! PSNH Fee Area

(~j Project Corridor

0 Work Pad

Roads

~Local

~~~Not Maintained

Private

~State

~Railroad

- - - Access Road

Access Rd. Pending Owner _,,_ Approval

Pel · J:IProjbClalPSNH_F107\MXDISRP _MopSoL Supplomont4,mxo

@ Existing Str (Remain) ~Stream Centerline ,.

Existing Str (Removed/Modified) Stream Top of Bank -- Underground Cable =Temporary Culvert

SfCT/ON 2

PROPOSED F107 SINGLE CIRCUIT START OF ADDITIONAL fASEt.IENT TO ROUTE

<all other values>

~+~ Structures 0 75

Direct Embed

150

><-» Silt Curtain Stonewall alignment E Drilled Pier ~ 1 inch = 150 feet

X-X- Sllt Fence, Hay Bale, Erosion Control Mix Berm

X-X·Straw Wattle

[Wetland

+ Temporary Mat Bridge Relocated Distribution

--NH DOT Right-of-way ~Steep Slope BMPs

. Historical Sites LJTrH Clearing

IT1J Designated River Buffer 250' • <# Stream Buffer

Conservation Lands

C 100 Year Floodplain

2ft Contour

Tidal Buffer Zone

Prime Wetland

- Wetland Impact (PERM)

Wetland Impact (TEMP)

Q Town Boundary liiOOIMm?Pennitting Structure #s F107-107 Construction Structure #s

Highest Observable Tide - Line/Reference Line (4ft Contour)

._ Wetland Number & P191 Cover Type

• - •Mean Lower Low Water

300 Feet EVERS9URCE

ENERGY

~NORMANDEAU ~;; ".~ :--:= ASSOCIATES f ri\• irt>f"I rr, anra J C o,...s,.JI ta n1~

,r.. !:; . ' ~ '" ~;£

$CE_fJjQJ~LJ PROPOSED 380/Fl 07 DOUBL[ CIRCUIT

ROUT[ 4 TO UNH PARKING LOT 5TR. 10 - 5TR. 21

(4400' -t)

Parcel boundary and owner data were acquired from municipal databases as of October 2017.

The bollndartes for the historic sites are from GRANIT R>r a more Pfe<: se deplc ion of hiStorlc s11e b0Undar1es see the NH OHR Project Area Fonn in Appendix 10,

Service Layer Credits: Copyright:C 2014 Esri , granitedu aerial photos 2015.

Seacoast Reliability Project

Revised Environmental Ma s

Map 2 of 31

w.ti.ndlD

NW1 (PEM1/SS1) Permanent 20 (Sir. F107-135)

NW1 (PEM1/SS1) Temporary 6583

NW3 (PEM1/SS1) Temporary 1256

NW3 (PEM1/SS1) Temporary 4685

NW3 (PEM1/SS1) Permanent 20

(Sir. F107-133)

NW43 (PEM1 E) Temporary 4101

NW43 (PEM1 E) Permanent 0 (Sir F107- 138)

0 0 Approximate Parcel Boundary Ill iil (;' :.i: r·-!PSNH Fee Area

~ ·-· :::! Ill 0 Project Corridor "" '< lo!! c. 0 Work Pad ~ -0

<» 12. s Roads a . ~ r"VLocal

11 ~~~,,, Not Maintained

~· Private n

r"VState z !=!

~Railroad "" "" 8! - - - Access Road 0

8 Access Rd. Pending Owner (A) _,,_ Approval

Path: J'.IProject11PSNH_F107\MXl>ISRP_MopSot_Supj)I montol.mxd

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SECTION 27

PROPOSED rt07 SINGL[ CIRCUIT ARBORETUM DRIVE TO R. 0 . W. R[OUCTION

STI\. 129 - STR. 132

SECTION 28

PROPOSED f1C7 SINGL[ CIRCUIT R. 0. W. REDUCTION TO LIN[ .3850 TAP

STR. 133 - STR. 135

(l500' ~)

@ Existing Sir (Remain)

Existing Sir (Removed/Modified)

--Underground Cable

x- x· Silt Curtain

X-X- Silt Fence, Hay Bale, Erosion Control Mix Berm

x - X· Straw Wattle

Wetland

E~2.'J Prime Wetland

- Wetland Impact {PERM)

.---,Wetland Impact (TEMP)

r'V Stream Centerline

f~~ Stream Top of Bank

=Temporary Culvert

<all other values>

Structures

Direct Embed

· Stonewall alignment L., Drilled Pier

+ Temporary Mat Bridge Relocated Distribution

--NH DOT Right-of-way ~Steep Slope BMPs

Historical Sites r:··•·lTree Clearing ! ..

[[]] Designated River Buffer 250' Stream Buffer Conservation Lands 2ft Contour 100 Year Floodplain

SECTION 29

PROPOS[D 3850/F I 07 DO UBL[ CIRCUI T LIN[ 3 153 [NT[R S R. 0 . W. TO

SPllULDINC TURNPIK[ CROSSING S7R, rJ7

0 75 150

1 inch = 150 feet

DOVER ·- ~

Town Boundary ~Permitting Structure #s F107-107 Construction Structure #s

Tidal Buffer Zone

Highest Observable Tide - Line/Reference Line (4ft Contour)

DW5t Wetland Number & PSS1 Cover Type

- - •Mean Lower Low Water

300 Feet

Maine

SECTION 30

PROPOSW Ft 07 SINGLE CIRCUIT SPAULDING TURNPIKE CROSSING 70 LINE E 194 CROSSING

S7R

EVERS&URCE ENERGY

/," NORMANDEAU 'l -·. :_ ASSOCIATES

Parcel boundary and owner data were acquired from municipal databases as or October 2017.

The boundaries for the historic sites are from GRANIT. For a more precise depic ion of hislotic site boundaries see the NH OHR Project Area Fann in AppendiX 10.

Service Layer Credits: Copyngnt:e 2014 Esri, granit.edu aerial photos 2015.

Seacoast Reliability Project

Revised Environmental Ma s

Map 29 of 31

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5 N

00 0

0::: w I (/)

Li: (/)

24 FIBER OPGW SHOWN @ 1/2" ICE, 32"F

F107 LINE STR. 8

110' SA-1

1590 ACSR 45/7 (TYP.) SHOWN @ 1/2" ICE, 32"F

1590 ACSR 45/7 (TYP.) SHOWN @ JOT

1590 ACSR 45/7 (TYP.) SHOWN @ 285"F ........ --

Q) """' Q) O> IA O>

~ :s ~ I

146' 53' 50'

SPAN = 249'

PROFILE SCALE: 1"=200' HORIZ.

20' VERT.

F107 LINE STR. 9 70' SPDE-2

TOP OF BRIDGE

0

0

THIS PLAN FOR REFERENCE ONLY. NO REPRESENTATION OR WARRANTY IS

MADE AS TO LOCATION OF BOUNDARIES OR OTHER POINTS OF

REFERENCE. RIGHT OF WAY LOCATION HAS BEEN SURVEYED AND PROVIDED

BY DOUCET SURVEY INC.

D U R H A M, N. H.

STRUCTURE 8

SINGLE POLE TYPE SA-1

0 ;.... ! __ ..... 1-- --j-

o

STRUCTURE 9

SINGLE POLE TYPE SPDE-2

#7 75' 35'

EDGE OF RR

PROPOSED F107 SINGLE CIRCUIT 11 SkV

200 100 0

24 FIBER OPGW INSTALLED @ 4,500 LBS. NESC HVY. INITIAL 1590 ACSR 45/7 INSTALLED @ 11,400 LBS. NESC HVY. INITIAL

10 UPDATED STRUClURE NUMBERS 9 ISSUED FOR 100% REVIEW WO T1276A1

NO REVISION DATE DRWN CHKD APPR

I ' I

EXISTING

1380 LINE 34.5kV

PLAN VIEW SCALE: 1''=200'

200

GRAP HI C SCALE 1" = 200'

ABUTMENT

-....£'2Ii.S..QL .B.B.. ROL __ _

36' TYP.

EDGE OF PSNH ROW 2~~· TYP.

EDGE OF RR ROW

400

PROPOSED 380/F107 DOUBLE CIRCUIT

34.5kV /115kV

600

EVERSSURCE TRANSMISSION BUSINESS ENERGY

DRAWN SCF SINGLE CKT F107

10

T

ENGINEER BETWEEN STR. 8 & g KMS

CHECKED US 4, DURHAM, NEW HAMPSHIRE APJ

APPROVED SCALE DATE SHEET DRAWING NO. AS NOTED 3/17/15 _l_OF _l_ F10740703

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F107 LINE STR. 130

85' SS-H-FRAM£-UB

1590 ACSR 45/7 (TYP.) SHOWN @ 1/2" ICE, .32'F

15~0 ACSR 45/7 (TYP.) SHOWN @ JOT

1590 ACSR 45/7 (TYP.) SHOWN @ 285"F

' ,, ,, ,,

N

THIS PLAN FOR REFE:RENCE ONLY. NO REPRESENTATION OR WARRANTY IS

MADE AS TO LOCATION OF BOUNDARIES OR OTHER POINTS OF

REFERENCE. RIGHT OF WAY LOCATION HAS BEEN SURVEYED AND PROVIDED

BY DOUCET SURVEY INC.

19 # 10 A.W. SHOWN @ ·1/2" ICE, 32'F N E W I N G T 0 N, N. H.

' , , ,, , , , , , , , ,, -.. ::

~ ::::> 0

~ ...... ~ 0:: z a::

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/ ---

(Q -~ ~ ::::> 0

~ ~ 0:: z a:: 2 -0

0 0

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~ ..... -.J 0 Cl ::::> Q)

24 FIBER OPGW SHOWN @ 1/2" IC[, 32'F

/ /

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F107 LINE STR. 131 85' SS H-FRAME

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' r-..

STRUCTURE 130

SINGLE POLE TYPE SS-H-FRAME-UB

PROPOSED 3850/F107 DOUBLE CIRCUIT 34.5kV/115kV

EXISTING 3850 LINE 34.5kV

EXISTING 3153 LINE 34.5kV

200 100 0

~ Ol STRUCTURE 131 -0 -0 ...... (/) .....

246' 73' 73'

28' SPAN = 641'

PROFILE SCALE: 1 "=200 ' HORIZ.

20' VERT.

221'

SINGLE POLE TYPE SS-H-FRAME

19 # 10 ALUMOWELD INSTALLED @ 4200 LBS. NESC HVY. INITIAL 24 FIBER OPGW INSTALLED @ 4,500 LBS. NESC HVY. INITIAL 1590 ACSR 45/7 INSTALLED @ 11,400 LBS. NESC HVY. INITIAL

B UPDATED F107 SlRUClURE NUMBERS 7 UPDATED SlRUClURE NUMBERS

NO. REVISION DATE ORWN CHKD APPR

PLAN VIEW SCALE: 1 "=200'

200

GRAPHI C SCALE 1" = 200'

I I

-- -- -- -- -- -- -- -- --PROPOSED F107 SINGLE CIRCUIT 115kV

400 600

EVERSSURCE TRANSMISSION BUSINESS ENERGY

DRAWN SCF SINGLE CKT Fl 07

8

T

EN~~iER BETWEEN STR. 130 & 131 - --- -----!

CHECKED APJ

APPROVED

SPAULDING TURNPIKE/ROUTE 4/16, NEWINGTON, NEW HAMPSHIRE

SCALE AS NOTED

DATE 3/17 /15

SHEET .J....OF ...1...

DRAWING NO. F10740713