236.5 Property Management - Revision history

Hoskir: updated link to Real estate Risk Assessment Form per email from MS

2024-10-16T19:56:36Z

updated link to Real estate Risk Assessment Form per email from MS

← Older revision		Revision as of 14:56, 16 October 2024
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	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/RAI%20Checklist.pdf RAI checklist]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/RAI%20Checklist.pdf RAI checklist]
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/~~Real~~%~~20Estate~~%~~20Risk~~%~~20Assessment~~%20Form.pdf Real Estate Risk Assessment Form]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Risk%20Assessment%20and%20Waiver%20Form.pdf Real Estate Risk Assessment Form]
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Receipt%20Transmittal%20of%20Money.pdf Receipt - Transmittal of Money Form]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Receipt%20Transmittal%20of%20Money.pdf Receipt - Transmittal of Money Form]

Hoskir: /* 236.5.25.5 Risk Assessment */ updated per RR3916

2024-08-08T16:28:27Z

236.5.25.5 Risk Assessment: updated per RR3916

← Older revision		Revision as of 11:28, 8 August 2024
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	===236.5.25.5 Risk Assessment===		===236.5.25.5 Risk Assessment===

	~~The standard lease~~ insurance ~~limits are $500~~,~~000 per individual~~ and ~~$4.0 million per occurrence, which is determined by statutory requirements~~ of ~~sovereign immunity~~. Municipalities and other state agencies are excluded from these insurance requirements, due to sovereign immunity statutory requirements. A reduction or waiver of the standard insurance limits may be permitted through a [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/~~Real~~%~~20Estate~~%~~20Risk~~%~~20Assessment~~%20Form.pdf ~~Real Estate~~ Risk Assessment Form]. The district ~~engineer~~ shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.		Detailed minimum limit coverage requirements per the risk level are provided in the insurance paragraphs for the Commercial General Liability, Business Automobile Liability and Umbrella/Excess Liability of the applicable ROW eAgreement templates. Municipalities and other state agencies are excluded from these insurance requirements, due to sovereign immunity statutory requirements. A reduction or waiver of the standard insurance limits may be permitted through a [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Risk%20Assessment%20and%20Waiver%20Form.pdf Risk Assessment and Waiver Form]. The district Right of Way staff will complete the risk assessment form and the Assistant to the State Design Engineer-ROW shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.

	===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===		===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===

Hoskir: updated link to eAgreements

2024-03-04T16:01:24Z

updated link to eAgreements

← Older revision		Revision as of 11:01, 4 March 2024
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	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Sale%20of%20Improvement%20Form%205.26.6.pdf Sale of Improvement (Form 5-26.6)]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Sale%20of%20Improvement%20Form%205.26.6.pdf Sale of Improvement (Form 5-26.6)]
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Specifications%20for%20Filling%20Basements%20and%20or%20Foundations%20Form%205.26.9.pdf Specifications for Filling Basements and/or Foundations (Form 5-26.9)]</center>		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Specifications%20for%20Filling%20Basements%20and%20or%20Foundations%20Form%205.26.9.pdf Specifications for Filling Basements and/or Foundations (Form 5-26.9)]</center>
	*Forms RW1, RW4, RW12, RW14, RW22, RW27, RW28 and RW42 are accessible in [~~http~~://~~sp/sites~~/~~eagreements~~/~~SitePages~~/~~Home.aspx~~ eAgreements].		*Forms RW1, RW4, RW12, RW14, RW22, RW27, RW28 and RW42 are accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].
	</div>		</div>

Hoskir: /* 236.5.25.5 Risk Assessment */ updated per RR3746

2023-08-10T14:49:36Z

236.5.25.5 Risk Assessment: updated per RR3746

← Older revision		Revision as of 09:49, 10 August 2023
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	===236.5.25.5 Risk Assessment===		===236.5.25.5 Risk Assessment===

	The standard lease insurance limits are $500,000 per individual and $3.5 million per occurrence, which is determined by statutory requirements of sovereign immunity. Municipalities and other state agencies are excluded from these insurance requirements, due to sovereign immunity statutory requirements. A reduction or waiver of the standard insurance limits may be permitted through a [~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]. The district engineer shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.		The standard lease insurance limits are $500,000 per individual and $4.0 million per occurrence, which is determined by statutory requirements of sovereign immunity. Municipalities and other state agencies are excluded from these insurance requirements, due to sovereign immunity statutory requirements. A reduction or waiver of the standard insurance limits may be permitted through a [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]. The district engineer shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.

	===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===		===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===

Hoskir: updated forms area

2023-08-09T16:14:14Z

updated forms area

← Older revision		Revision as of 11:14, 9 August 2023
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	<div style="float: right; margin-right:0px; width:~~250px~~; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:275px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms and Figures</center></u>'''		'''<u><center>Forms and Figures</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Truck.pdf Bridge Column Protection Truck Traffic]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Truck.pdf Bridge Column Protection Truck Traffic]

Hoskir: updated forms area

2023-08-09T16:07:46Z

updated forms area

← Older revision		Revision as of 11:07, 9 August 2023
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	{\|style="padding: 0.3em~~; margin-left:15px~~; border: 1px solid #cccccc; text-align:~~center; font-size: 95%~~; ~~background:#f5f5f5~~" ~~width="250px" align="right"~~		<div style="float: right; margin-right:0px; width:250px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	\|-		'''<u><center>Forms and Figures</center></u>'''
	\|<center>~~'''~~Forms and Figures'''		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Truck.pdf Bridge Column Protection Truck Traffic]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Auto.pdf Bridge Column Protection Vehicular Traffic]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Truck.pdf Bridge Column Protection Truck Traffic]		*[https://epg.modot.org/forms/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review (Form 3.1.2)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Contract%20Agreement%20Form%205.26.9a.pdf Contract Agreement (Form 5-26.9a)]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Bridge%20Column%20Protection%20Auto.pdf Bridge Column Protection Vehicular Traffic]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Extension%20of%20Closing%20Date%20Addendum%20Form%205.20.2.pdf Extension of Closing Date Addendum (Form 5-20.2)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment Form]
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review (Form 3.1.2)]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Improvement%20Inventory%20Form%205.26.1.pdf Improvement Inventory (Form 5-26.1)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Contract%20Agreement%20Form%205.26.9a.pdf Contract Agreement (Form 5-26.9a)]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/RAI%20Checklist.pdf RAI checklist]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Extension%20of%20Closing%20Date%20Addendum%20Form%205.20.2.pdf Extension of Closing Date Addendum (Form 5-20.2)]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Receipt%20Transmittal%20of%20Money.pdf Receipt - Transmittal of Money Form]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment Form]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Request%20for%20Excess%20Parcel%20Survey%20Form%20236.5.19a.docx Request for Excess Parcel Survey Form 236.5.19a]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Sale%20of%20Improvement%20Form%205.26.6.pdf Sale of Improvement (Form 5-26.6)]
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Improvement%20Inventory%20Form%205.26.1.pdf Improvement Inventory (Form 5-26.1)]		*[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Specifications%20for%20Filling%20Basements%20and%20or%20Foundations%20Form%205.26.9.pdf Specifications for Filling Basements and/or Foundations (Form 5-26.9)]</center>
	\|-		*Forms RW1, RW4, RW12, RW14, RW22, RW27, RW28 and RW42 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]		</div>
	\|-
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%205_Property%20Management/RAI%20Checklist.pdf RAI checklist]
	\|-
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]
	\|-
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Receipt%20Transmittal%20of%20Money.pdf Receipt - Transmittal of Money Form]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Request%20for%20Excess%20Parcel%20Survey%20Form%20236.5.19a.docx Request for Excess Parcel Survey Form 236.5.19a]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Sale%20of%20Improvement%20Form%205.26.6.pdf Sale of Improvement (Form 5-26.6)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Specifications%20for%20Filling%20Basements%20and%20or%20Foundations%20Form%205.26.9.pdf Specifications for Filling Basements and/or Foundations (Form 5-26.9)]</center>
	\|-
	\|Forms RW1, RW4, RW12, RW14, RW22, RW27, RW28 and RW42 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|}

	==236.5.1 General==		==236.5.1 General==

Hoskir: /* 236.5.15 Methods for Disposal */

2023-03-13T13:37:38Z

236.5.15 Methods for Disposal

← Older revision		Revision as of 08:37, 13 March 2023
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	'''A. Fee simple interest is held; all types of excess property'''		'''A. Fee simple interest is held; all types of excess property'''

	When the Commission holds an excess stand-alone parcel in fee, the site is generally made available to any potential buyer and disposed of by public sale. ~~However, it may be sold directly to a specific buyer. The district should base this decision on the specific characteristics of the property.~~ If the parcel is determined to be non-stand-alone, the excess can be sold directly to the abutting property owner(s). If there is more than one abutting owner, each must be contacted to determine each owner’s interest in acquiring the area being considered for disposal or any part thereof. If all owners express an interest in the area, it should be disposed of by a competitive bid sale among the interested parties. However, it is possible for each abutting owner to purchase only a portion of the excess, or for one abutting owner to purchase the entire excess. If each owner agrees to an apportionment of the excess, or if all but one of the abutting owners waives their interest by signing a waiver, a competitive bid need not be pursued and the single owner can be dealt with individually.		When the Commission holds an excess stand-alone parcel in fee, the site is generally made available to any potential buyer and disposed of by public sale. If the parcel is determined to be non-stand-alone, the excess can be sold directly to the abutting property owner(s). If there is more than one abutting owner, each must be contacted to determine each owner’s interest in acquiring the area being considered for disposal or any part thereof, [http://eprojects/Templates/RW/Chapter%205_Property%20Management/Example%20Letter%20-%20Adjoiner%20Excess%20Notification.docx this is an example letter]. If all owners express an interest in the area, it should be disposed of by a competitive bid sale among the interested parties.

	'''B. Stand alone excess; less than fee simple interest is held'''		'''B. Stand alone excess; less than fee simple interest is held'''
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	:2. Where the excess is a frontage strip, and no abutter holds the fee, divide the excess at right angles to the centerline at the existing abutters’ property corners. Offer to sell the property to the respective abutters and proceed in good faith negotiation toward the sale of the Commission’s interest.		:2. Where the excess is a frontage strip, and no abutter holds the fee, divide the excess at right angles to the centerline at the existing abutters’ property corners. Offer to sell the property to the respective abutters and proceed in good faith negotiation toward the sale of the Commission’s interest.

	~~:3. When the property is valued at $25,000 or less, it may be conveyed to the adjoining owner for a $1 consideration, for the established value, or at an amount between $1 and the established value.~~

	Other options may be pursued if each owner agrees to an apportionment of the excess. If all but one of the abutting owners waives their interest by signing a waiver, there is no need for a competitive bid sale and the abutting owner can be dealt with individually.

	The purchasers shall be advised of the Commission’s interest in the property, and that another party might hold the underlying fee interest. They are also to be advised that the Commission is willing to release its interest in the property; however, it will be the responsibility of the purchasers to explore the title to their satisfaction. When the Commission holds less than fee simple interest in the property, the conveyance document shall include the [[236.5 Property Management#236.5.21.5 Full Disclosure Clause\|full disclosure clause]].		The purchasers shall be advised of the Commission’s interest in the property, and that another party might hold the underlying fee interest. They are also to be advised that the Commission is willing to release its interest in the property; however, it will be the responsibility of the purchasers to explore the title to their satisfaction. When the Commission holds less than fee simple interest in the property, the conveyance document shall include the [[236.5 Property Management#236.5.21.5 Full Disclosure Clause\|full disclosure clause]].

Hoskir: /* 236.5.25 Leases, Licenses and Airspace License Agreements */ updated per RR 3659

2023-03-13T13:16:17Z

236.5.25 Leases, Licenses and Airspace License Agreements: updated per RR 3659

Hallej1: /* 236.5.25.7 Lease of Premises */

2022-08-23T19:52:25Z

236.5.25.7 Lease of Premises

← Older revision		Revision as of 14:52, 23 August 2022
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	===236.5.25.7 Lease of Premises===		===236.5.25.7 Lease of Premises===

	The Lease of Premises (RW14) (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) addresses the minimum required provisions for a lease without further review by CCO. Additional stipulations by the Asset Management Committee, the [https://epg.modot.org/forms/~~DE-Env&Cultural~~/~~Categorial~~%20Exclusion%~~20Form~~.~~dot~~ CE], or the [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment] shall be incorporated into the lease when appropriate. The Lease of Premises (RW14) includes notary acknowledgements. Use of the notary acknowledgement pages are at the discresion of the district unless the lease will be recorded. In this instance the notary acknowledgement pages must be completed and made a part of the recorded lease. Any other revisions to the standard form are to be approved as to form by CCO. This form is for a distinct period not to exceed five (5) years, unless prior approval has been obtained from the Right of Way Section.		The Lease of Premises (RW14) (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) addresses the minimum required provisions for a lease without further review by CCO. Additional stipulations by the Asset Management Committee, the [https://epg.modot.org/forms/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.pdf CE], or the [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment] shall be incorporated into the lease when appropriate. The Lease of Premises (RW14) includes notary acknowledgements. Use of the notary acknowledgement pages are at the discresion of the district unless the lease will be recorded. In this instance the notary acknowledgement pages must be completed and made a part of the recorded lease. Any other revisions to the standard form are to be approved as to form by CCO. This form is for a distinct period not to exceed five (5) years, unless prior approval has been obtained from the Right of Way Section.

	Where the leased area crosses the plane of a highway facility improvement, such as the lease of space beneath a highway structure, the property description shall adequately address the three-dimensional aspects of the leased area. At a minimum, the area description shall include the following:		Where the leased area crosses the plane of a highway facility improvement, such as the lease of space beneath a highway structure, the property description shall adequately address the three-dimensional aspects of the leased area. At a minimum, the area description shall include the following:

Hallej1: /* 236.5.18 Categorical Exclusion (CE) Review */

2022-08-23T19:49:17Z

236.5.18 Categorical Exclusion (CE) Review

← Older revision		Revision as of 14:49, 23 August 2022
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	Full disclosure of the exceptions or conditions noted in the CE report shall be made to potential purchasers when conveying realty assets (provide a summary of the CE exceptions, not a copy of the form itself). All requirements included within the CE report shall be addressed prior to consummation of the transaction.		Full disclosure of the exceptions or conditions noted in the CE report shall be made to potential purchasers when conveying realty assets (provide a summary of the CE exceptions, not a copy of the form itself). All requirements included within the CE report shall be addressed prior to consummation of the transaction.

	District Right of Way completes Section A of the [http://eprojects/Templates/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review (Form 3.1.2)], and submits it with attachments to [~~http~~://sp/sites/~~de/environmental_historic_pres~~/SitePages/~~Home~~.aspx Environmental & Historic Preservation, Design Division, Central Office]. The environmental unit researches the request to make the CE determination and completes Section B of the CE form and returns it to district Right of Way. This process must be repeated if the original review occurred more than three years prior to the date the property will be conveyed, the size of the parcel to be conveyed has changed or the land use of the parcel differs from the original submittal. The form provides for an update request in Section A and an update response in Section B. A copy of the original form should be used when requesting an update. Attachments need to be included with the request for an update.		District Right of Way completes Section A of the [http://eprojects/Templates/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review (Form 3.1.2)], and submits it with attachments to [https://modotgov.sharepoint.com/sites/DE/SitePages/Environmental-&-Historic-Preservation.aspx Environmental & Historic Preservation, Design Division, Central Office]. The environmental unit researches the request to make the CE determination and completes Section B of the CE form and returns it to district Right of Way. This process must be repeated if the original review occurred more than three years prior to the date the property will be conveyed, the size of the parcel to be conveyed has changed or the land use of the parcel differs from the original submittal. The form provides for an update request in Section A and an update response in Section B. A copy of the original form should be used when requesting an update. Attachments need to be included with the request for an update.

	==236.5.19 Survey Requirements==		==236.5.19 Survey Requirements==

← Older revision		Revision as of 08:16, 13 March 2023
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	:1. Identification of the party requesting the use, as well as any others who may be responsible for developing, occupying, and maintaining the airspace		:1. Identification of the party requesting the use, as well as any others who may be responsible for developing, occupying, and maintaining the airspace
	:2. A general statement of the proposed use		:2. A general statement of the proposed use
	:3. The proposed design for the use of the space, including any facilities to be constructed~~, if any~~		:3. The proposed design for the use of the space, including any facilities to be constructed
	:4. Maps, plans, or sketches to adequately demonstrate the relationship of the proposed project to the highway facility, with the level of detail in proportion to the complexity of the request		:4. Maps, plans, or sketches to adequately demonstrate the relationship of the proposed project to the highway facility, with the level of detail in proportion to the complexity of the request

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	===236.5.25.3 Valuation – Compensation for Leases===		===236.5.25.3 Valuation – Compensation for Leases===

	~~If a non-proprietary use (as agreed by Counsel) is proposed by a political subdivision~~ of the ~~state~~, or ~~other governmental entity,~~ the Asst. to the State Design Engineer - Right of Way ~~may authorize such a lease or license agreement without charge. No appraisal is needed if this option is pursued. FHWA concurrence is required for properties within the Interstate System~~.		The value of the lease or agreement shall otherwise be established in accordance with the [[236.6 Appraisal and Appraisal Review#236.6.1 Overall Operating Policies\|EPG 236.6.1 Overall Operating Policies]]. The lessee shall be charged the value as so established, or another amount logically reasoned to be in the best public interest and approved by the Asst. to the State Design Engineer - Right of Way.

	~~The~~ value of the ~~lease or agreement shall otherwise~~ be ~~established in accordance with~~ the ~~[[236~~.~~6 Appraisal~~ and ~~Appraisal Review#236.6.~~1 ~~Overall Operating Policies\|EPG 236~~.6.~~1 Overall Operating Policies]]. The lessee shall be charged~~ the ~~value as so established~~, or ~~another amount logically reasoned to be in the best public interest and approved by~~ the Asst. to the State Design Engineer - Right of Way.		Leases can be without charge for less than fair market value with approval from the Asst. to the State Design Engineer - Right of Way. A memo explaining the fair market rate is to be provided as Exhibit 1 for the RW14 agreement. In addition, the benefit to the Commission is required and applicable language added to paragraph 1 part B of RW14 Lease of Premise agreement. FHWA concurrence is required for properties within the Interstate System.

			If a non-proprietary use (as agreed by Counsel) is proposed by a political subdivision of the state, or other governmental entity, the Asst. to the State Design Engineer - Right of Way may authorize such a lease or license agreement without charge or less than fair market value. No appraisal is needed if this option is pursued. A memo explaining the fair market rate is to be provided as Exhibit 1 for the RW14 agreement. In addition, the benefit to the Commission is required and applicable language added to paragraph 1 part B of RW14 Lease of Premise agreement. FHWA concurrence is required for properties within the Interstate System.

	===236.5.25.4 Marketing Properties for Lease===		===236.5.25.4 Marketing Properties for Lease===
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	===236.5.25.5 Risk Assessment===		===236.5.25.5 Risk Assessment===

	The standard lease insurance limits are $500,000 per individual and $3.5 million per occurrence, which is determined by statutory requirements of sovereign immunity. A reduction or waiver of the standard insurance limits may be permitted through a [http://eprojects/Templates/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]. The district engineer shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.		The standard lease insurance limits are $500,000 per individual and $3.5 million per occurrence, which is determined by statutory requirements of sovereign immunity. Municipalities and other state agencies are excluded from these insurance requirements, due to sovereign immunity statutory requirements. A reduction or waiver of the standard insurance limits may be permitted through a [http://eprojects/Templates/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]. The district engineer shall sign the assessment, if approved. The risk assessment form shall be included with the lease submittal to Central Office when the required insurance is reduced.

	===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===		===236.5.25.6 Security Assessment for Leased Areas Over or Under Highway Structures===

	When the proposed agreement includes an area under a highway structure or construction of a structure over or under a highway structure, a [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment, Form 236.5.25.6A] shall be completed by the district bridge engineer, or district design. The assessment form shall be provided to the Right of Way Section with the lease submittal. Note: For security scores greater than 80, the agreement should not generally be executed.		When the proposed agreement includes an area under a highway structure or construction of a structure over or under a highway structure, a [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment, Form 236.5.25.6A] shall be completed by the district bridge engineer, or district design engineer. The assessment form shall be provided to the Right of Way Section with the lease submittal. Note: For security scores greater than 80, the agreement should not generally be executed.

	General guidance for leased areas under highway structures is as follows:		General guidance for leased areas under highway structures is as follows:
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	===236.5.25.7 Lease of Premises===		===236.5.25.7 Lease of Premises===

	The Lease of Premises (RW14) (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) addresses the minimum required provisions for a lease without further review by CCO. Additional stipulations by the Asset Management Committee, the [https://epg.modot.org/forms/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.pdf CE], or the [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment] shall be incorporated into the lease when appropriate. The Lease of Premises (RW14) includes notary acknowledgements. Use of the notary acknowledgement pages are at the discresion of the district unless the lease will be recorded. In this instance the notary acknowledgement pages must be completed and made a part of the recorded lease. Any other revisions to the standard form are to be approved as to form by CCO. This form is for a distinct period not to exceed five (5) years, unless prior approval has been obtained from the Right of Way Section.		The Lease of Premises (RW14) (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) addresses the minimum required provisions for a lease without further review by CCO. Additional stipulations by the Asset Management Committee, the [https://epg.modot.org/forms/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.pdf CE], or the [https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Hwy%20Structure%20Security%20Assessment%20236.5.25.6.xls Highway Structure Security Assessment] shall be incorporated into the lease when appropriate. The Lease of Premises (RW14) includes notary acknowledgements. Any other revisions to the standard form are to be approved as to form by CCO. This form is for a distinct period not to exceed five (5) years, unless prior approval has been obtained from the Right of Way Section.

	Where the leased area crosses the plane of a highway facility improvement, such as the lease of space beneath a highway structure, the property description shall adequately address the three-dimensional aspects of the leased area. At a minimum, the area description shall include the following:		Where the leased area crosses the plane of a highway facility improvement, such as the lease of space beneath a highway structure, the property description shall adequately address the three-dimensional aspects of the leased area. At a minimum, the area description shall include the following:
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	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.		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.		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.

	===236.5.25.10 Initial Inspection & Annual Inspections===		===236.5.25.10 Initial Inspection & Annual Inspections===
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	Prior to the expiration of a lease, a determination shall be made by the district whether the lease may be renewed to the current lessee, or will be remarketed.		Prior to the expiration of a lease, a determination shall be made by the district whether the lease may be renewed to the current lessee, or will be remarketed.

	After preparation of the new lease, the original agreement executed by the lessee and a letter summarizing the district's review shall be forwarded to the Right of Way Section for approval and execution. The submittal letter shall state if this is a new lease or a renewal.		After preparation of the new lease, the original agreement executed by the lessee and a letter summarizing the district's review shall be forwarded to the Right of Way Section for approval and execution. The submittal letter shall state if this is a new lease or a renewal. FHWA concurrence is required for properties within the Interstate System.

	===236.5.25.12 Cancellation of Lease, Licenses or Airspace License Agreement===		===236.5.25.12 Cancellation of Lease, Licenses or Airspace License Agreement===

	If a lease or license agreement is not renewed, or if either party desires to terminate a lease, license or airspace license agreement, a letter shall be forwarded by the district to the lessee/licensee detailing the expiration, cancellation, or termination including the date of repossession of the property. . The district should forward the notice to all appropriate district personnel.		If a lease or license agreement is not renewed, or if either party desires to terminate a lease, license or airspace license agreement, a letter shall be forwarded by the district to the lessee/licensee detailing the expiration, cancellation, or termination including the date of repossession of the property. The district should forward the notice to all appropriate district personnel.

	An inspection of the property to ensure possession and condition of the property shall be relayed to the appropriate district personnel.		An inspection of the property to ensure possession and condition of the property shall be relayed to the appropriate district personnel.