Smith Trust Owners Association

SMITH TRUST RULES AND REGULATIONS

WHEREAS, the Trustees for the Smith Trust (“Trustees”) are responsible for maintaining the passageways, beach area, and associated structures in a deed granted to the Trustees by George A. Smith on August 13, 1936, as recorded on August 30, 1936 in the Hillsborough County Registry of Deeds at Book 954, Page 224, as amended (hereinafter “Trust”); and

WHEREAS, the Trust properties are required to be maintained for the benefit of the owners of all lots identified in the Trust, so as to be preserved for the private use of such lot owners, as distinguished from public use; and

WHEREAS, the Trustees seek to provide adequate beach facilities and docks for swimming, boating and other recreational access to Little Island Pond, subject to the rights of littoral owners, applicable state and local limitations on location, size and configuration of docking facilities on Trust property, and the common interest in preserving and maintaining safe and fair allocation of recreational opportunities without imposing financial risk to the Trust; and

WHEREAS, the Trust provides that the Trustees may seek contribution for payments due on Trust property from all lot owners and may also restrict use of Trust property by any lot owners who fail to pay such assessments; and

WHEREAS, the Trustees are authorized under the Trust and New Hampshire statutory and common law to take such actions as are necessary to fulfill their fiduciary and other trust obligations.

NOW THEREFORE, the Trustees have established the following rules and regulations governing use and assessments for the Trust passageways and other common access routes, beach, and docking structures.

1. Only those lot owners identified in the Trust, as amended, or their invitees, may enter Trust property for access to Little Island Pond by way of passageways and beach area. Invitees must be accompanied by lot owners at all times and may be removed by the Trustees for excess noise, litter or interference with the property rights of adjacent lot owners.

2. All costs associated with ownership and maintenance of the beach and common access routes, including South Shore Drive (formerly Smith Road) shall be assessed to lot owners on a proportional basis. Such assessments include, but are not limited to, taxes and fees on land and structures, beach and roadway repairs and upgrades, and roadway snow plowing. Any lot owner failing to pay a Trust assessment within thirty (30) days of the due date shall lose all privileges granted under the Trust, including access to Little Island Pond through Trust property.

3. No vehicles or equipment shall be parked on South Shore Drive during snow storms and any necessary costs of towing or removal shall be assessed to the responsible lot owner.

4. There shall be no life guard on duty at the beach or passageways. All persons swim at their own risk and assume all liability for any injury or damage. The Trust and the Trustees shall not be held liable for any injury or damage associated with use of roadways, beach, passageways, or Trust docking facilities.

5. No boats, kayaks, surfboards, sailboats, canoes, or any type of beach equipment shall be stored overnight on Trust property, including the beach and docking facilities, except as permitted for seasonal use of slips under the terms of an executed Smith Trust Boat Slip Agreement (“Agreement”).

6. No docks or other waterfront structures may be located or installed on Trust property without the written consent of the Trustees. Preexisting docks and waterfront structures remain at the sole discretion of the Trustees and may be removed or replaced at any time by the Trustees.

7. The Trustees may contract for and pay the cost of repairs to the beach area and for the design, installation and maintenance of Trust docks on the beach area. The Trustees shall assess to all lot owners r associated costs, including state and local permitting, repairs and upgrades and seasonal removal of docks.

8. The Trustees may assign boat slips associated with Trust docks to individual lot owners on a seasonal basis in accordance with the terms, conditions and monthly fees set forth in the Agreement. The Agreement shall be renewable on a seasonal basis upon notice to the Trustees at least thirty (30) days before expiration. No Agreement or renewal thereof may become effective and no boat may be placed in water before payment, in full, of any seasonal fees established by the Trustees under paragraph 10 herein. All new or renewed Agreements shall identify boat dimensions and registration, which shall be updated, as necessary. Boat dimensions shall not exceed twenty four feet (24’) in length.

9. Boat slips assignments shall be lot- specific and shall not be transferable. Those lot owners using boat slips before the effective date of these Rules shall have the right of first refusal to execute an Agreement for use of Trust slips, and shall have the right to renew such Agreement on a seasonal basis, subject to the terms of the Agreement. Any available Trust dock boat slips may be assigned on a first-come, first-serve basis upon application and execution of the Agreement.

10. The Trustees shall establish and periodically update seasonal fees for use of Trust dock boat slips, which fees shall be stated in the Agreement. The fees shall be used to offset the costs of installing and maintaining the Trust docks and for other Trust expenses.

11. As a condition to use of any Trust dock boat slips, users s must obtain comprehensive liability insurance policies for coverage of any bodily injury or property damage associated with using Trust docks, in such coverage amounts deemed reasonable by the Trustees, and shall add the Trustees as additional insureds. A Certificate of Insurance shall be presented to the Trustees upon execution of the Agreement.

12. All boats occupying Trust boat slips shall be removed on or before October 15 of each year and must remain out of the water until April 15 of each year. The Trustees may prescribe reasonable conditions on methods and timing of such boat removal and replacement.

13. All docking and other shorefront facilities installed by the Trustees shall be made available to all lot owners for reasonable use and enjoyment, subject to the boat slip access established by the Trustees under the Agreements and the common interest in safe and peaceful enjoyment of the beach area.

14. Lot owners shall file any complaints regarding use of the Trust passageways, beach area or waterfront structures in writing to the Trustees.

15. The Trustees shall take whatever action they deem necessary, in their sole discretion, to preserve and protect the common interest in beneficial use of Trust property. The Trustees shall not be responsible for resolving disputes between and among lot owners.

16. These Rules are effective as of the date specified below and shall apply to all lot owners, their successors and assigns. Amendments shall be made in writing.

Effective Date: May ___, 2017

By: Trustees of Smith Trust

John Picard________________________

Steven Morin ______________________

Leanne Withrow ____________________

Welcome to Smith Trust ~Passageway

Rules:

The passageway is open to all trust members in good standing (paid in full, etc.) and their guests

Guests must be accompanied by members of the trust

No fireworks

No fires

No glass

No foul language or loud music

Dogs must be on a leash, and please pick up after the dog(s).

Take out what you bring in, nothing may remain on beach

Nothing is to be stored on passageway or at the end

Please respect abutters properties while using the passageway

No moorings, anchored rafts, docks or any structure of any kind

Quiet Hours between 9pm – 8am

NO LIFEGUARD ON DUTY! SWIM AT OWN RISK!