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Successfully Negotiating a Cell Tower Lease
If you are a land owner who will be negotiating a cell tower lease with representatives from a wireless carrier, there are some things you need to know in order to successfully negotiate at the table. You have to make sure that you are educated in the industry so that you understand whats in it for you, whats in it for the cell phone company, what your obligations are to them and what their obligations are to you. It can be really confusing for a lot of land owners when you are thrown a bunch of unfamiliar terms, maps, procedure protocols, questions and answers. The first thing you should consider doing is hiring a company or professional who can help you keep track of all of the aspects of your cell phone tower lease. These are sometimes referred to as vertical real estate agents or real estate asset management professionals.
Before you jump head first into a contract, only seeing dollar signs, you need to make sure first of all that there is a clause in there that requires the cell phone company to keep insurance on your property at all times, including liability should someone get injured. It is a common request and is not one that is off the wall or strange. They should name you, the land lord, as an additional insured under all of the wireless carriers insurance policies. Just as they have work to do with their insurance company, you have to make sure that you inform your company as well that a tower is going up on your property and that a contract is being negotiated.
Some of the things you are going to want to keep in mind is that you are going to need to make sure that your property will be easily accessible to the wireless carrier tower personnel at all times in case repair work needs to be done or there is an emergency. make sure, though, that their access is going to be limited to the area of land that has the tower on it only. This means that you have to make sure that this is clearly stated in your lease agreement. Also include in the agreement a clause that states that carriers need to secure the site as well as your entire parcel for entry and exits.
One very important clause that should not be left out of your lease is one that includes any and all appropriate indemnity terms. You need to be indemnified of any claims, damages or injuries that result from the carriers using your land. It is important that environmental contamination also be included to protect you against having to be involved in any large law suit should anything unexpected happen. If there is a land use change tax that is imposed on your property for having a cell tower there, it should be no problem for the company to cover those get it in writing! Also request a guarantee of payment and a clause stating that if there is any sub leasing of the tower in the future, the carrier needs to be required to inform you of any such dealings.
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