This office lease clause was negotiated into a lease document for an unusual premises to assure utilization of a broad range of common areas. This states that the tenant and its invitees shall throughout the term of the lease continue to enjoy access and utilization of the common areas on a first come first served basis.
New Hampshire Clause Assuring Utilization of a Broad Range of Common Areas
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US-OL9012
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FAQ
GETTING OUT OF CURRENT USE Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres. Only the changed portion comes out, the rest remains in current use if it is still 10 acres or more or meets other criteria.
Current use encourages the preservation of open space, and the conserving of land, water, forest, agricultural and wildlife resources. Current use acreage requirements consist of tracts of farm land, forest land and unproductive land that contains 10 or more acres.
The land in question must be at least ten (10) acres in addition to the lands required to access and maintain any structures in size, or provide $2500 per year in agricultural or horticultural products. The exception to the ten-acre requirement is unimproved wetlands - such land can be any size such as a pond.
The land use change tax is ?10% of the full and true value? of the land that no longer qualifies for current use (RSA 79-A:7).
Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.
GETTING OUT OF CURRENT USE There is no buy-out provision. Once the land is accepted, it is in forever and the status is passed to subsequent owners. Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres.
When the use is changed, the Land Use Change Tax (LUCT) is assessed at the rate of ten percent of the property's market value. The point at which the LUCT must be assessed is controlled by RSA Chapter 79-A, IV (a) and is the date upon which actual construction begins.
