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 _________:

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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