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Form #1013

Deed of Air-right Property

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Deed of Air-right Property Free Legal Form

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Deed of air-right property.

This Indenture, made and entered into at _________, _________, this _________th day of _________[month], _________[year], by and between _________(called "Grantor"), and _________(called "Grantee").

Article I.

Section 1.1. The Property Conveyed. Grantor, for the consideration recited in Article III, remises, releases, aliens and conveys to Grantee, its successors and assigns forever, all the land, property and space described in the following items, numbered _________ to _________, inclusive (the Range Lines, Parcels, Lots, Out Parcels, Out Lots, and parts in the items referred to being those shown on the Plat of _________, and adjacent land, recorded in the Office of the Recorder of Deeds of _________ County, _________, as Document Number _________):

Item 1

Lot 1.—All the land, property and space, at and above a horizontal plane at an elevation of _________ feet (_________) above _________ City Datum, the horizontal limits of which are the planes formed by projecting vertically upward and downward from the surface of the earth the boundaries of Parcel _________.

Item 2

Lot 2.—All the land, property and space, at and above the inclined plane forming the top surface of Lot _________, the horizontal limits of which are the planes formed by projecting vertically upward and downward from the surface of the earth the boundaries of Parcel _________.

Item 3

All that part of Lot _________ which falls between two vertical planes one of which is the plane part of which forms the east face of Lot _________, and the other of which is the plane part of which forms the west face of Lot _________, and which lies north of the vertical plane part of which forms the south faces of Lots _________ and _________, and above an inclined plane passing through a horizontal line at an elevation of _________ feet (_________) above _________ City Datum along the south line of Parcel _________ and through a horizontal line at an elevation of _________ feet (_________) above _________ City Datum along the north line of Parcel _________; except all column lots or parts falling within the vertical and horizontal limits described, namely, Lots _________ and _________; [etc.]

Article II.

Definitions

Section 2.1. "The _________ Plat" shall mean the Plat of The _________ Subdivision described in Article I.

Section 2.2. "Parcels" and "Lots" shall mean those areas respectively designated as such on The _________ Plat and included in The _________ Subdivision.

Section 2.3. "Out Parcels" and "Out Lots" shall mean those areas respectively designated as on The _________ Plat but not included in The _________ Subdivision.

Section 2.4. "Range Lines" shall mean the lines referred to and indicated as such on The _________ Plat.

Section 2.5. "_________ City Datum" shall mean _________ City Datum as now established by ordinance of the City Council of the City of _________.

Section 2.6. "Air Right Property" shall mean the land, property and space described and conveyed in Article I.

Section 2.7. "Excepted and Reserved Property" shall mean the land, property and space referred to in Article V.

Section 2.8. "Grantee's Easements" shall mean all easements and all rights of a similar nature expressly granted to Grantee in the Excepted and Reserved Property and in other property of Grantor.

Section 2.9. "Grantee's Property" shall mean the Air Right Property and Grantee's Easements.

Section 2.10. "Easement Property" shall mean the property of Grantor which is subject to Grantee's Easements.

Section 2.11. "Building" shall mean the permanent structure or structures, other than viaducts, to be initially constructed by Grantee within the Air Right Property as provided in Section 13.1.

Section 2.12. "Improvement" shall mean any building, structure or improvement, other than a viaduct, located at any time within the Air Right Property and shall include the Building.

Section 2.13. "_________ Ordinance" shall mean _________.

Section 2.14. "Viaducts" shall mean all viaducts, including their supports and other appurtenances, which Grantee is obligated or may elect to construct as provided in Sections 14.1, 14.2, 14.3, and _________, whether of a half or a full width.

Section 2.15. "Supports" shall mean all caissons, columns, footings, foundations, bases, girders, gussets, and all braces and supports of the Improvement or of the Viaducts, as the case may be.

Section 2.16. "_________ Street Viaduct," shall mean _________; [etc.]

Article III.

Section 3.1. Consideration. The cash payments acknowledged and the conveyances, grants, reservations, exceptions, covenants and agreements of the parties contained here and in the Construction Contract mutually support each other.

Section 3.2. Computation of Consideration. The total cash consideration for this deed paid by Grantee to Grantor is _________ Dollars, the receipt and sufficiency of which are acknowledged by Grantor. The consideration has been computed as follows:   

(a)

For the Air Right Property included within Parcels A, B, D and E and within Lot _________, at $_____ a square foot  

$...................................................................

(b)

For Lot _________, at $_____ a square foot .............................................................  

......................................................................  

(c)

For the Easement to _________ provided for in Section _________ ........  

......................................................................  

(d)

For the General Restrictions provided for in Section _________ .........................  

......................................................................  

(e)

For the Right of Refusal on Excepted and Reserved Property provided for in Section _________ ....................................  

......................................................................  

(f)

For the Straight Option provided for in Section _________ ....................................  

......................................................................  

(g)

For the Preemptive Right provided for in Section _________ ................................  

......................................................................  

 

 

......................................................................  

 

 

Total ...........................................................  

$...................................................................

 

Article IV.

Section 4.1. Construction Contract—Notice. Until completion of the Building and Viaducts as provided in Article XIII and Article XIV, but not later, this deed shall be notice of the respective rights and interests of Grantor and Grantee under the Construction Contract.

Article V.

Section 5.1. Excepted and Reserved Property. Any land, property and space referred to in this deed, not expressly conveyed to Grantee, is excepted and retained by Grantor. All that part of the land, property and space within the boundaries of the _________ Block not expressly conveyed to Grantee is referred to as "Excepted and Reserved Property."

Article VI.

Section 6.1. Taxes. Grantor shall pay or cause to be paid any general real estate taxes levied and assessed against the Air Right Property for the years prior to _________[date]; provided, however, that Grantor shall not be obligated to pay any general real estate taxes assessed against the Air Right Property resulting from its being placed on the tax rolls by reason of Grantee's acquisition of title or the delivery of the Land Contract or this deed, and provided further that Grantor shall be obligated for and shall pay or cause to be paid taxes, if any, that may be assessed against the Air Right Property by reason of its use for _________[e.g., railroad] purposes, prior to the construction of the Building, by Grantor or its lessees, licensees or assigns.

Article VII.

Section 7.1. Use of Unoccupied Air Right Property. The top surface of each caisson shall be at least one foot below the top surface of the caisson Lot or Out Lot in which it is constructed and Grantee shall not construct or maintain any structure between the top surface of any lot and the top surface of the caisson except in the space included within a complete or fractional frustum, as the case may be, of a right rectangular pyramid, the vertical axis of which is in the same vertical line as the vertical axes of the caisson below and the column above it, having an altitude of one foot measured from the top of the caisson, its bottom surface in the same horizontal plane as the top surface of such caisson, and its top surface coinciding with the bottom surface of the column above it. The bottom surface of each girder constructed in any girder Lot in Parcel _________ south of Range Line _________ or north of Range Line _________ shall be at least one foot above the bottom surface of such Lot, and Grantee shall not construct or maintain any structure within the space between the bottom surface of any Lot and the bottom surface of the girder constructed, except a bracket support for the girder at each end of the Lot, in the form of a right triangular prism which has as a base a right triangle the perpendicular sides of which are one foot in length, and has one of its two mutually perpendicular rectangular surfaces in the same plane as the bottom surface of the girder, and the other in the same plane as that face of the column upon which that end of the girder abuts. Grantee shall not construct or maintain any structure, except columns for the Improvement, within Lot _________ below an elevation of _________ feet above _________ City Datum between the north line of Parcel _________ and Range Line _________. Grantee shall not construct or maintain any structure within that part of Lot _________ above a horizontal plane at an elevation of _________ feet below _________ City Datum except below the several inclined planes lying within Lot _________, each of which is determined by a lower line formed by the intersection of the horizontal plane and the easterly boundary of Lot _________, and by an upper line formed by the intersection of the opposite westerly boundary of Lot _________ and the horizontal plane part of which forms the top surface of Lot _________. Grantor, its lessees or licensees, shall have the right of use of the following: that part of the caisson Lots and Out Lots not occupied by the steel, concrete or lagging of the caissons or columns; that part of the column Lots and Out Lots and girder Lots not occupied by utilities of Grantee or by the steel and concrete of the columns, girders or the bracket supports. That part of Lot _________ not occupied from time to time by the structures or utilities of Grantee; [etc.].

Article VIII.

Section 8.1. Representation as to Rights of Others. Grantor represents that according to its best knowledge and belief, based upon its records and upon similar representations made to Grantor by _________, there are no structures or installations or titles, rights, leases or easements of public utility companies, public authorities or of others affecting Grantee's Property which are not terminable by Grantor or Grantee at any time within a _________ day period. Grantor further represents to Grantee that the part of the Air Right Property and the Easement Property occupied and used by _________ is under a lease from Grantor, which has been made expressly subject to the terms of the Land Contract and of the Construction Contract, and Grantor shall deliver to Grantee exclusive possession of the Air Right Property, unencumbered by any titles, rights, leases or easements, at the time construction is started in accordance with the time schedules and in the Construction Contract.

Section 8.2. Termination of Rights and Removal of Structures and Installations. Upon request of Grantee at any time after delivery of this deed, Grantor shall take immediate steps to terminate the rights, titles, and easements of all third parties, including _________, in the Air Right Property, and, except as otherwise provided in the Construction Contract, to cause the prompt removal therefrom of their structures and installations except subsurface structures and installations of which Grantor has no knowledge, and to effect a like termination and removal with respect to all other property to the extent necessary for the use and enjoyment by Grantee of Grantee's Easements. Grantor shall, at its expense, as between these parties, provide areas for the relocation of any title, right or easement whenever necessary to effect termination of an existing title, right or easement. If Grantor shall fail to effect termination, Grantee shall be entitled to a change of location pursuant to the provisions of Section 16.1, except at Grantor's expense.

Article IX.

Section 9.1. Permitted Exceptions. Grantor remises, releases, aliens, conveys, transfers, grants and assigns Grantee's Property to Grantee subject only to the following exceptions (referred to as "Permitted Exceptions"):   

1 Building and zoning laws or ordinances;

2 Terms and conditions of the _________ Ordinance;

3 Rights and easements, if any, of public utility companies and public authorities in, over and across the Easement Property, and present or future rights of the public on, over, across and above the _________ Viaduct, [etc.] _________;

4 General taxes, if any, for the year _________ and subsequent years;

5 As to Out Parcels and Out Lots only, rights, titles and easements of public authorities; and

6 Terms and provisions of this deed.

Section 9.2. Covenants of Grantor. Grantor, for itself and its successors and assigns, covenants that:

(a). It has the sole lawful and present possession of the property conveyed, transferred, granted and assigned and that it has full right, power and authority to convey, transfer, grant and assign it.

(b). It has not done or suffered any act or thing where the property conveyed, transferred, granted and assigned now or later shall or may be imperiled, encumbered or charged in any manner, and the title to the property, against all persons lawfully claiming it, by, through or under it, Grantor shall forever warrant and defend.

(c). Any title, right or interest that it may acquire to the property conveyed, transferred, granted and assigned shall inure to the benefit of and vest in Grantee, its successors and assigns.

(d). At all times on request of Grantee, its successors and assigns, it will do, execute, acknowledge and deliver or will cause to be done, executed, acknowledged and delivered all further acts, deeds, grants, transfers and assurances and that it will, from time to time, in all lawful ways, exercise the powers as it may possess and cause to be done and performed things as may be requisite or necessary for assuring, conveying and confirming

in Grantee all the land, property, space and estate to be conveyed and granted and intended to be vested in Grantee in the manner in which the present conveyance and grant is expressed to be made.

The covenants set forth in subsections (a) and (b) of this Section shall not apply to the conveyance of Out Parcels and Out Lots or parts. Grantor covenants with Grantee that covenants substantially identical to those set forth in subparagraphs (a), (b), (c) and (d) of this Section are included in the deed or deeds of that portion of the Air Right Property and the Easement Property granted and conveyed to Grantor by _________.

Article X.

Section 10.1. Easement to  River. For the consideration set forth in Section _________, Grantor grants to Grantee, as an appurtenance to the Air Right Property, a perpetual easement for the installation and maintenance at Grantee's sole cost, of necessary pipes and equipment for the purpose of withdrawing from and discharging into the _________ River such amounts of water as may be required for the operation of air conditioning systems in the Improvement and for providing surface drainage, sewage disposal, water and similar utilities for the Improvement and the Viaducts by connections with present or future facilities, such easement being through a strip of land described as follows:

A strip of land in the City of _________, County of _________ and State of _________, _________ feet of even width being _________ feet on each side of a center line described as follows: _________.

Insofar as practicable and whenever it is required generally in the vicinity, Grantee shall discharge into the _________ River, by way of the easement, water withdrawn. Raw sewage shall not be discharged by Grantee into the _________ River. All pipes and equipment shall be installed and maintained at Grantee's expense and shall be located at such depths below the surface of the earth as not to interfere with existing structures, facilities or operations of Grantor, its lessees and licensees, and in no case at a depth less than _________ feet below _________ City Datum except with the express approval of Grantor. That part of the property subject to the easement from time to time not occupied by the pipes and equipment of Grantee shall be subject to use by Grantor, its lessees and licensees.

Section 10.2. Change of Location. The location of pipes and equipment shall be changed by Grantee at its expense whenever a change is reasonably required for the _________[e.g., railroad] operations of Grantor, its lessees and licensees, including the construction of the tunnel referred to in Section _________, or for the development of the air rights above or adjacent to the easement, provided that Grantee shall not be required, at Grantee's expense, to move any specific part of the pipes or equipment more than _________, exclusive of changes required by any order, binding upon Grantee or upon the property subject to the easement, made by any governmental body having jurisdiction, the cost of which changes shall be borne by Grantee. Grantee shall be entitled to all awards, damages and compensation allowed by reason of required changes in the location of the pipes or equipment the expense of which shall have been borne or is to be borne by Grantee. All other or additional changes requested by Grantor shall be at its expense. [Add other desired provisions.]

Section 10.3. Termination and Liens. The easement shall terminate and the interest represented shall revert to Grantor upon failure of Grantee to make use of it for a continuous and uninterrupted period of _________ years after the Building has been completed and occupied. Title to the easement or any claim, lien or encumbrance created or obtained against the easement, either directly or because of its being an appurtenance to the Air Right Property, shall be subject to the terms, conditions and provisions of this Article; and all claims, liens or encumbrances against the easement shall automatically cease and terminate upon a release of the easement in accordance with the provisions of this Article and, unless the instrument creating them shall expressly provide to the contrary, shall attach to the new easement acquired in place of the easement released.

Article XI.

Section 11.1. Possession—Access for Preliminary Tests. Possession of Grantee's Property is delivered to Grantee subject only to the temporary license reserved in Section 11.2 and Grantee at any time and from time to time may

enter in, over and upon the Excepted and Reserved Property, the Easement Property, and adjacent property, to make at its expense, land, building, track, platform and equipment surveys, subsurface tests and boring and soil condition test pits and to perform other necessary fact finding and preliminary steps for the preparation of the plans and specifications for the Building and Viaducts.

Section 11.2. Grantor's License. Grantor for itself, its lessees and licensees, reserves a license to occupy, use and enjoy for _________[e.g., railroad] purposes, without charge by Grantee, the land, property and space within the Air Right Property below the elevation of _________ feet above _________ City Datum and all of the presently existing structures used for _________[e.g., railroad] purposes located above that elevation, until that time as Grantee shall require to commence construction of the Improvements or Viaducts, subject, however, to the right of Grantee prior to requirement of use for commencement of construction to use and occupy Grantee's Property to the extent as shall not unreasonably or materially interfere with use for railroad purposes.

Article XII.

Section 12.1. Utilities. Grantee shall bear the cost of installing and maintaining and shall assume the responsibility of securing utilities for the Improvement. [Add other desired provisions.]

Article XIII.

Section 13.1. Construction of Building. Grantee shall complete, within _________ years from the date of this deed, the construction of a concrete slab within Lot _________ and concrete slabs immediately above the top surfaces of Lots _________ and _________, and certain structures and facilities to be superimposed and the Supports, including a fireproof _________[e.g., office-and-shops] building not less than _________ stories in height, or such lesser height as may be established as a maximum by the City of _________ or any other governmental body or bodies having jurisdiction, free and clear of any and all liens of mechanics or materialmen and all liens of a similar character; provided, however, _________.

Section 13.2. Concourse Area. Grantee shall provide, as part of the Building, the area, called the concourse area, falling within the limits of Lot _________, and shall construct, at its expense, the stairways and ramps (including railings and enclosures) to the suburban platforms beneath, for use by Grantor as a concourse and for offices and facilities. So long as Grantor, its lessees or licensees, operate a _________[e.g., railroad] within the Excepted and Reserved Property, for the purpose of providing a vertical clearance of _________ feet over the ramps, Grantor shall have the right to use, and Grantee shall not construct or maintain any structure within, those parts of Lot _________ falling below an inclined plane passing through a horizontal line at an elevation of _________. [Add other desired provisions.].

Section 13.3. Arcade. Grantor reserves, for as long as Grantor shall operate its _________[e.g., railroad and railroad station] within or adjacent to the Excepted and Reserved Property, an easement for passage at the approximate level of the concourse area, and below _________ feet above _________ City Datum, in, over, across and along the _________ feet of the _________ feet of Lot _________ for use as a passageway and arcade leading from the concourse area to the north line of Lot _________. Grantee, if it has not done so, shall, at its expense, when so notified by Grantor during or after construction of the Building, construct the structural floor and unfinished walls of the arcade so as to provide an arcade having an inside finished width of _________ feet and shall structurally maintain it. The floor construction shall be designed to carry a superimposed load of _________ pounds a square foot. [Add other desired provisions.]

Article XIV.

Section 14.1. Obligation To Build Viaducts. Within the time and subject to the conditions prescribed in Section 13.1 for the completion of the Building, Grantee, at its expense, shall construct:

(a). that part of the _________ one-half of the _________ Street Viaduct (except that part of _________ one-half now constructed) extending to the _________ line of the _________ Avenue Viaduct and being within Out Parcel _________; [etc.]

Section 14.2. Election To Build Additional Viaducts. Grantee, at its election and expense, shall have the right, for a period of _________ years from the date of this deed, to construct or complete the construction of any one or more of the following:

(a). that part of the _________ one-half of the _________ Street Viaduct from the center line to the east line of the _________ Avenue Viaduct and being within Out Parcel _________; [etc.]

Section 14.3. Assumption of Obligations. Except as otherwise provided in this deed, upon construction by Grantee of any Viaduct pursuant to the provisions of Section 14.1, or completion of construction pursuant to Section 14.2, Grantee shall, as between Grantee and Grantor only, assume all obligations, if any, of Grantor under the _________ Ordinance. Grantee shall maintain the supports for the Viaducts in this Article required to be maintained by it in accordance with good engineering practices. [Add other desired provisions.]

Section 14.4. Access to Viaducts and Environs. Grantor gives, grants, transfers and assigns to Grantee, as appurtenances to the Air Right Property, all of the rights, interests, privileges and easements which it may own or possess, by virtue of the provisions of the _________ Ordinance or otherwise, or which it may have power and authority to give, grant, transfer or assign:   

(a) to construct that part of the _________ Street Viaduct which Grantee is obligated or privileged to construct and to use for that purpose all the land, property and space to be occupied by it and the Supports;

(b) to enter in, over and upon the property or any part lying within and adjacent to the locations of those parts of the _________ Street Viaduct, the _________ Court Viaduct, [etc.] or any part which Grantee is obligated or privileged to construct, for the purpose of constructing or maintaining the Supports;

(c) to use, jointly with Grantor, any of the Viaducts for the installation of such utilities as are at any time reasonably required for the use and enjoyment of Grantee's Property, and to enter in, over and upon the property or any part lying within and adjacent to the Viaducts for the purpose of constructing or maintaining utilities.

Section 14.5. Supports for Viaducts. Grantee shall construct the caissons, columns, girders and hangers for the Viaducts which it is obligated or elects to construct within the Lots and Out Lots provided and at the locations designated on _________ Plat. Viaducts shall in all events be constructed in conformity with applicable law, and any changes or additions necessitated by this requirement prior to or during construction shall be made pursuant to the provisions of Section 16.1, except that neither party shall be obligated to pay architects', engineers', or attorneys' fees incurred by the other party, each party shall bear the cost of title evidence required by that party, and if a resubdivision is necessary due to changes or additions the cost shall be borne equally by the parties. Grantor reserves the right to use, jointly with Grantee, the columns, foundations and supports of the presently constructed _________ Street Viaduct and the caissons and columns of the Viaducts, to support mezzanine facilities of Grantor so long as Grantor, its lessees or licensees, shall operate a _________[e.g., railroad] in the Excepted and Reserved Property, provided such use shall not overload the caissons and columns, and plans for those facilities shall be subject to the reasonable approval of Grantee. After completion of each of the Viaducts to be located within Out Parcels _________, and in confirmation of the conveyance of the property described in Items _________, inclusive, of Section 1.1, Grantor, without additional consideration, shall convey to Grantee, in the form of Out Lots or parts of Out Parcels, title to the air space in the items described, and to the space occupied by the Supports of the Viaduct, subject to the provisions of this deed with the same effect as though initially contained.

Section 14.6. Design of Supports. Grantee shall construct the Supports of that part of the _________ Street Viaduct which it is obligated or elects to construct, of sufficient strength and suitable design to support, on the mezzanine level, under the surface, a future station concourse to extend eastward to the east line of Parcel _________ extended south, and also a mezzanine pedestrian walkway at least _________ feet in width within the north _________ feet of said Viaduct east of the line. Viaduct shall be so constructed as to allow space to permit the underside of the floor of the walkway to be located at a minimum elevation of _________ feet above _________ City Datum at and east of the west line of Parcel _________ extended south, and inclined downward therefrom to a

minimum elevation of _________ feet above _________ City Datum at the east line of Parcel _________ extended south, with suitable steps westerly to connect with the station concourse below, and to allow a vertical clearance above the floor of _________ feet, except that the clearance may be reduced to _________ feet beneath the girders of the Viaduct where greater clearance is not reasonably practicable; [etc.]

Section 14.7. No Liability for Present Viaduct and Suburban Station. Grantee does not assume the obligations, if any, of Grantor under the _________ Ordinance, with respect to the existing _________ Street Viaduct, or the _________ Street Suburban Station as now or later constructed, nor with respect to _________ Avenue Viaduct to the extent Grantor is obligated for maintenance under the provisions of Section _________ Grantor shall indemnify and save harmless Grantee against damages, if any, including damages to private property.

Section 14.8. Strength of Supports. Grantee shall construct the Supports for the Viaducts of sufficient strength and suitable design to carry their proper proportion of the load of a Viaduct of full width.

Section 14.9. Designation of Areas to be Occupied by Viaducts. The areas to be occupied by the Viaducts described in paragraphs (a), _________ of Section 14.1 fall, respectively, within Out Parcels _________ and are in this Article referred to, respectively, as "area _________," "area _________," "area _________," [etc.].

Section 14.10. Allocation of Construction Costs to the Respective Areas. Cost of construction of the Viaducts (except caissons and columns) constructed within each of the viaduct areas and cost of construction by Grantee of concrete platforms for Grantor or its lessees, beneath the Additional _________ Street Viaduct and the _________ Avenue Viaduct shall be allocated to the viaduct area in which they are located. Cost of construction of caissons and columns constructed in the several caisson and column Lots and Out Lots as numbered and shown on The _________ Plat shall be allocated to the several viaduct areas as follows: _________.

Section 14.11. Provisions for Reimbursement. Grantee shall bear, without right of reimbursement, area costs allocated to viaduct areas _________, and if Grantor shall construct a Viaduct in any of the viaduct areas Grantee, upon completion, shall reimburse Grantor for the area costs expended by Grantor allocated to viaduct areas. In accordance with the following Sections of this Article, Grantee shall be reimbursed, without interest, by Grantor for area costs expended by Grantee and allocated to viaduct areas as provided in Section 14.10, except area costs allocated to viaduct areas _________.

[Add other desired costs and reimbursement provisions.]

Article XV.

Section 15.1. Ventilation of Excepted and Reserved Property. Grantee, in the plan and construction of the Improvement, shall, at its expense, provide and construct a system for the reasonable ventilation of the Excepted and Reserved Property as required of Grantor or Grantee at the time of construction by any governmental body or bodies having jurisdiction over Grantee or the premises and shall operate and maintain, at its expense, ventilation equipment located within the Air Right Property in accordance with these requirements. [Add other desired provisions.]

Article XVI.

Section 16.1. Changes. From time to time, changes in the location or size of any Support or of any right or easement or of any utility area, or additions, within the space vertically below the top surfaces of Lots _________ or below the levels of the decks of the Viaducts as established by the _________ Ordinance, may be required by Grantee for the construction, reconstruction, maintenance or servicing of the Improvement, Viaducts or Supports, or by Grantor (or its lessees) for the operation of its _________[e.g., railroad business]. Any change or addition, whether requested before, during or after the construction of the Building, shall be made if it is reasonably practicable and structurally sound and does not unreasonably interfere with the interests of the other party. If the structures or facilities of either party are affected by any change or addition, that party shall have the right to do that part of the work directly affecting its structures or facilities. The party requesting any change or addition shall bear

the entire cost of all work involved in it, including architects', engineers' and attorneys' fees, except that where a change or addition is necessitated by the default of either party, the entire cost shall be borne by the party in default, and except that if any change or addition (whether or not necessitated by the default of a party) is made before or during the course of the work provided for in the Construction Contract, compensation of the parties for costs and expenses resulting from the change or addition shall be as provided in the Construction Contract. In the event of any change or addition, there shall be, without any additional consideration to be paid by either party, a conveyance, reconveyance, grant or release, as required, between the parties, so as to vest in Grantee good title (commensurate with title or interest in the functionally comparable portions of Grantee's Property) to the property or easement required for or because of the change or addition, subject only to those title objections to which the original grant or conveyance was subject, and so as to revest in Grantor title to the property or easement reconveyed or released because of the changes or additions, unencumbered by the acts of Grantee or anyone claiming by, through or under it. The changes shall be platted of record or, if either party so requests, The _________ Subdivision shall be resubdivided or amended to reflect the changes or additions, and title evidence similar to that delivered to Grantee evidencing title to the property or easement originally conveyed or granted shall be given to each of the parties to evidence title to the substituted or additional property or easement, and the cost of the title evidence shall be borne by the party requesting the change or addition. [Add other desired provisions.]

Section 16.2. Liens on Properties Exchanged. Title to Grantee's Property and to the Excepted and Reserved Property and to the Easement Property and any claim, lien or encumbrance created or obtained, shall be subject to the terms, conditions and provisions of this Article; and every claim, lien or encumbrance shall automatically cease and terminate upon a conveyance, grant or release, as the case may be, in accordance with the provisions of this Article with respect to the property or easement so conveyed, granted or released, and, unless the instrument creating it shall expressly provide to the contrary, shall attach to the property or easement acquired.

Article XVII.

Section 17.1. Access Over Property of Grantor—Lateral Support. Grantor gives and grants to Grantee, as an appurtenance to the Air Right Property, a perpetual right in, over and upon the Excepted and Reserved Property and the Easement Property, and the property adjacent, for reasonable access for the construction, maintenance, repair, reconstruction, relocation, renewal, alteration, removal and inspection of the Supports of the Improvement and Viaducts, and of the pipes and equipment for air conditioning, utilities, or other facilities, which at any time may be situated within the Air Right Property or the Easement Property or which may be otherwise under the responsibility of Grantee, and generally for the purpose of fulfilling its obligations and exercising its rights under this deed. [Add other desired provisions.]

Section 17.2. Minimum Interference with Property and Operations. In fulfilling obligations and exercising rights under this deed each party shall use its best efforts to keep interference with the property and operations of the other to a minimum and to that end will give to the other reasonable advance notice of work which may interfere with the property or operations of the other and will arrange with the other for reasonable and definite times and conditions at and under which such work shall be done.

Section 17.3. Plans and Specifications. Whenever any work is contemplated by either party for the purpose of fulfilling its obligations or exercising its rights under this deed and that work may affect the property or operations of the other, plans and specifications with respect to the work shall be submitted to the other and, insofar as the work affects the property or operations of the other, the work, plans and specifications shall be subject to the reasonable control and approval of the other.

Section 17.4. Approval of Plans and Specifications. Plans and specifications submitted by either party shall be deemed to comply with the requirements of this deed when approved in writing by the other, or when the other shall fail to notify the submitting party in writing of its objections within a reasonable time after submission, or when found to comply with the requirements after arbitration. If any plans and specifications are objected to, the objecting party shall specify its objections in writing.

Section 17.5. Emergencies. When health or safety requires immediate action, either party may take any action it deems necessary, but in that case, if practicable, prior notice shall be given of the emergency and the action to be taken. The party taking the action shall remain liable for obligations imposed here or by law.

[Add other desired Articles as to restrictions, options, arbitration, notices and other matters.]

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Keywords: easement, legal forms, deed, air-right property, air-right

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