§ 78-423. Minimum easement provisions.

All air rights easements shall contain the following minimum provisions:

(1)

The term of the air rights easements shall be limited to the actual building life to which the easement applies.

(2)

Any and all maintenance of the easement area, including the pedestrian surfaces which serve as a public sidewalk, shall be maintained by the easement grantee for the term of the easement.

(3)

The easement grantee shall maintain insurance in types and amounts required by the city from time to time. As of April, 2001, such insurance requirements are property and casualty with policy limits of no less than $1,000,000.00.

(4)

The easement grantee shall indemnify and hold the city harmless for any and all claims whatsoever arising as a result of the air rights easement.

(Code 1979, § 26-423)