Agreement for air and light easement and restriction of building height to current level.

This Easement is granted on _________[date], by _________ _________ , a _________[state] _________[type of legal entity] with offices at _________[address], in its capacity as the owner of Parcel 1, as defined below (such party being referred to hereinafter as the "Grantor") to _________ , _________ , a _________[state] _________[type of legal entity] with offices at _________[address], in its capacity as the owner of Parcel 2, as defined below (such party being referred to hereinafter as the Grantee").

Recitals

A. Grantor is the owner of that certain land with the building(s) and improvements thereon located in the _________[borough of _________], City of _________, County of _________, and State of _________, designated as Lot _________ in Block _________ on the Tax Map of the City of _________, being known as _________ _________ Street, _________[city], _________[state], as more particularly described on Exhibit A attached hereto ("Parcel 1");

B. Grantee is the owner of that certain land with the building(s) and improvements thereon located in the _________[borough of _________], City of _________, County of _________, and State of _________, designated as Lot _________ in Block _________ on the Tax Map of the City of _________, being known as _________ _________ Street, _________[city], _________[state], as more particularly described on Exhibit B attached hereto ("Parcel 2");

C. Grantor desires to convey to Grantee a perpetual, irrevocable and permanent easement for light, air, view and access over, above and adjacent to the existing building(s), existing improvements and rear yard located on Parcel 1 for the exclusive benefit of Parcel 2; and

D. Grantor and Grantee have consented and agreed to the placement of such perpetual, irrevocable easement and restrictive covenant on said Parcel 1 for the benefit of Parcel 2.

Now, therefore, in consideration of the sum of $_____ [Ten Dollars ($10.00)] and other good and valuable consideration, Grantor hereby grants, conveys, demises and releases to Grantee, its successors and assigns forever, for the benefit of Parcel 2 and each and every part thereof a perpetual, irrevocable and permanent easement as follows:

1. Parcel 1 Restrictions. Grantor shall not permit any building or improvement to be constructed or allowed to exist on Parcel 1 at a height greater than the present roof of the Grantor's building and ground level with respect to the rear yard, except for presently existing mechanical installations, bulkheads, chimneys and similar installations and equipment on the roof of such building (each such existing element being herein called a "Roof Element") and replacements of Roof Elements, provided that no replacement of a Roof Element shall exceed the height of the existing Roof Element replaced thereby. Notwithstanding the foregoing, in connection with any improvement to be made to the roof or a Roof Element on parcel 1 for the purposes of complying with any regulations or requirements of the Department of Buildings of the City of New York applicable to Parcel 1, Grantor may replace such Roof Element but under no circumstances may Grantor do so if such replacement or improvement would under any circumstances in any manner interfere with or diminish to more than a minimal extent the light, air, view and access by Parcel 2 over Parcel 1 as granted hereby, including the interference or reduction in any manner of the access to such light, air and view by windows and vents located now or in the future on any walls of Parcel 2 and particularly the wall on the lot line between Parcel 1 and Parcel 2.

2. Easement. It is the intent of the parties to this Easement that said perpetual, irrevocable and permanent easement for light, air, view and access above, over and adjacent to the upper surfaces of the existing building(s) and existing improvements, including Roof Elements, and the rear yard located on Parcel 1 is for the exclusive benefit, use and enjoyment by Parcel 2. For this purpose, Grantor covenants and agrees that no building, or other improvement, including an addition to the existing building on Parcel 1 shall be constructed or allowed to exist on Parcel 1 at a height greater than the existing roof line of such building at the date of this easement or extend into or above the ground level of the currently existing rear yard space of Parcel 1 except to the extent permitted under paragraph 1. In connection with this Easement, Grantor also hereby grants Grantee, its successors and assigns, permission to construct and maintain flues, pipes, drains and similar fixtures of a permanent nature which may encroach over Parcel 1 on the condition that Grantee, its successors and assigns, at its sole cost and expense pay for the construction and permanent maintenance of such fixtures and that the construction of the same be in accordance with applicable building regulations. Said flues, pipes, drains and similar fixtures shall extend no more than _________[four (4)] feet horizontally from Parcel 2 over Parcel 1. Grantee, its successors and assigns, shall hold Grantor, its successors and assigns, harmless against any cost, expense (including any reasonable costs incurred in connection with any claims interposed or asserted by any unrelated third party relating to the flues, pipes, drains and similar fixtures) and/or liability incurred by Grantor in connection with the placement, maintenance, operation and repair of any such flues, pipes, drains and similar fixtures.

3. Further Assurances. Grantor shall, at the request of Grantee execute, acknowledge and deliver all such documents, including, without limitation, an amendment to this Easement, if necessary, to accomplish, confirm or further evidence the terms of this Easement. Grantee is hereby granted an irrevocable power of attorney coupled with an interest to execute, acknowledge and deliver such amendments and instruments of further assurance or confirmation. Incapacity of Grantor shall not invalidate or terminate this power of attorney.

4. Permanence. This Easement shall be permanent, irrevocable and perpetual and shall run with the land, building(s), improvements affected and any appurtenant rights and no violation of any term or provision hereof shall result in a forfeiture or reversion of the rights granted hereunder.

5. Successors and Assigns. This Easement shall inure solely to the benefit of Grantee, and its successors and assigns and any successors in interest to Grantee from time to time holding any interest in Parcel 2 or any part thereof, and shall be binding on Grantee and Grantor, their respective heirs, legal representatives, assigns and successors in interest in their respective properties. Except as herein specifically set forth, Grantee and Grantor shall retain their full ownership and control of their respective properties.

6. Breach of Easement. Both parties agree, that in the event of any breach or threatened breach of this Easement by Grantor, Grantee shall have the right to any remedy available at law or equity including but not limited to injunctive relief.

7. No Oral Modification. This Easement may not be modified or terminated orally, but only by a written agreement by Grantor and Grantee.

8. Rebuilding. Except as provided in this Easement, if the Grantor's building is damaged, destroyed or demolished, no new building or improvement shall be constructed on Parcel 1 which would have a physical shape and building volume different from the Grantor's current building and rear yard space which exists currently on Parcel 1 on the date of this Easement.

In witness, this Easement has been granted the date first above written.

[Signatures]

[Acknowledgment]

 

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