A. A three-dimensional air rights map for air rights projects is required. The existence of adequate vertical ways to the ground for required services, e.g., utility and fire suppression lines, chimneys, trash chutes, elevators and emergency exit stairs must be verified. In addition, there must be an acceptable discharge to a public way from all building egresses, including emergency exits, and services, e.g., trash removal.
B. Maintenance, joint use, easement and other agreements may be required. In cases where common facilities exist between the insured parcel and an adjacent parcel, Borrower must provide for recordation of an agreement for the common use land and facilities, e.g., common drives, common lobbies, elevators, walkways, utility roads, parking structures, recreation facilities, storm water management facilities (retention ponds detention ponds, swales and culverts) or other air rights project common facilities. The agreement must grant rights to the HUD project site and its residents to use the common facilities. If the HUD project is subject to property/homeowner association documents such as with a cooperative, these documents may provide for maintenance, access and cost sharing, which must be determined acceptable to HUD prior to or as a condition of the Firm Commitment.
C. If the air rights parcel is on a leasehold, it must include the Ground Lease addendum form (form HUD92070M) with minimal modifications to reflect an air rights lease.
D. The Regional Center or Satellite Office Director must:
Assure that the integrity and maintenance of air rights platform foundations and other structural members are defined as the air rights provider's responsibility.
Verify that shared maintenance/operating costs are equitable and that enforcement rights protect the project interests.
Require easements, cross easements or other documents to provide the HUD project and its residents the right to use the common facilities.
