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Form #1017Lease of Air Rights
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Lease of Air Rights Free Legal Form
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Lease of air rights.
This lease is made this _________ day of _________[month],
_________[year], between _________ of _________, called lessor, and
_________ of _________, called lessee.
Lessor in consideration of rents reserved and of
agreements of lessee to be performed leases to lessee the following described
premises in the city of _________, county of _________, and state of
_________:Â Â Â
All the air space above the following described land:
_________, and at and above a horizontal plane _________ feet above [below]
_________[determinable point or level of as permanent nature as possible,
e.g., sea level measured from the altitude monument of the United States
Geological Survey on [at] _________, or above the established grade of the
sidewalk on _________ Street and adjoining the land on the _________, or above
the established grade of the sidewalk intersection at and adjoining the land at
the _________ corner];
To have and to hold [etc.];
Together with the right to run columns and foundations
from the demised air space to, on and into the land below in accordance with
the drawings and specifications, marked "Exhibit A" and attached and
incorporated as though fully here set forth, for the support of the building
that lessee agrees to erect, reserving to lessor the right to use the land and
the space above it and below the demised air space in any manner not
inconsistent with the support of the building or its use for _________ as
hereinafter provided, this reservation to lessor to include the right, without
limitation of generality of the reservation, to erect buildings and structures
on, above and below the land, attached to or surrounding the columns and
foundations, of any height, either attached or not attached to the building.
[Add other desired provisions as to erection of
building by lessee, taxes, special assessments, public service charges, rent
and periodic adjustment thereof, assignment of lease, title to building, and
purchase of it, on termination of lease, condemnation of property for public
use, etc., as in title Leases.]
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or any other commercial use is prohibited. This includes reposting forms from this
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These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
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Keywords: legal forms, easement, lease, air rights
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