Hoskir: Created page with "===236.5.25.9 Lease/Licenses/Airspace License Agreements Submittals to Right of Way Section=== Licenses and Airspace License Agreements and complex new leases shall be submitted to the Right of Way Section prior to execution by the licensee for concurrence by the Asst. to the State Design Engineer - Right of Way. Non-complex leases, such as those with no form revisions, for appraised value, to the only eligible lessee, do not require prior submittal. Licenses and Airspa..."

2026-07-22T14:06:47Z

Created page with "===236.5.25.9 Lease/Licenses/Airspace License Agreements Submittals to Right of Way Section=== Licenses and Airspace License Agreements and complex new leases shall be submitted to the Right of Way Section prior to execution by the licensee for concurrence by the Asst. to the State Design Engineer - Right of Way. Non-complex leases, such as those with no form revisions, for appraised value, to the only eligible lessee, do not require prior submittal. Licenses and Airspa..."

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===236.5.25.9 Lease/Licenses/Airspace License Agreements Submittals to Right of Way Section===
Licenses and Airspace License Agreements and complex new leases shall be submitted to the Right of Way Section prior to execution by the licensee for concurrence by the Asst. to the State Design Engineer - Right of Way. Non-complex leases, such as those with no form revisions, for appraised value, to the only eligible lessee, do not require prior submittal.

Licenses and Airspace License Agreements and new leases on the Interstate System must be reviewed and approved by FHWA as described in [[236.5 Property Management#236.5.1.1 Federal Highway Administration (FHWA) Oversight|EPG 236.5.1.1 Federal Highway Administration (FHWA) Oversight]] prior to execution.

All supporting documents of each request are to be uploaded to RAI and transmitted electronically as described in [[236.5 Property Management#236.5.22 Transaction Submittal to Right of Way Section|EPG 236.5.22 Transaction Submittal to Right of Way Section]] and should include the following items:
# Transaction Memo, which describes the chain of events leading to the lease submittal.
# Asset Management Committee Minutes
# Current highway plans of the area
# Highway plans of the area as acquired
# Appraisal or other valuation documents
# Categorical Exclusion determination, unless the license/lease limits are within the footprint of a current project that has already received categorical exclusion determination.
# Security Assessment, if applicable (involves a structure or bridge)
# Risk Assessment, if applicable (involves a structure or bridge)
# Proof of Insurance for the required coverage amount (including municipalities), naming MHTC as an additional insured. Maximum insurance coverage can be waived at the discretion of the Assistant to State Design Engineer- Right of Way.
# Copy of the request from leassee/licensee

In addition to these electronic submittals, the original of the agreement executed by the lessee/licensee shall be submitted to Central Office for review and execution.

The Right of Way Section reviews all proposed leases, licenses and airspace license agreements. When required within the parameters outlined in [[236.5 Property Management#236.5.1.1 Federal Highway Administration (FHWA) Oversight|EPG 236.5.1.1 Federal Highway Administration (FHWA) Oversight]], the Right of Way Section shall submit the proposal to the FHWA for concurrence. Additional support or revisions may be required for approval.

When a lease or license is approved, and necessary CCO approval as to form is obtained, and FHWA concurrence is obtained, the Asst. to the State Design Engineer - Right of Way will execute the lease or license. (See the [https://www.modot.org/mhtc-policies Execution of Documents Policy]).

Once approved and executed, the original will be returned to the district. A copy of the insurance certificate shall be collected and uploaded into the RAI. District maintenance should also be advised of the lease agreement.

Upon approval of the agreement, Accounts Receivable will coordinate rent billing and collection. Thereafter, lease payments should be sent by the lessee/licensee directly to the Financial Services Division.

Right of Way staff will enter the following information on the Leases/Licenses screen in RAI. Type, Status, Payment Frequency, Rent Amount, Begin Date, End Date, Insurance Expiration Date, Inspection Date, Passed/Failed and Beneath Structure option. Copies of renewed insurance certificates are required and will continue to be collected and uploaded in RAI.

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