There are many things that need to be considered when it comes to working out a cellular phone tower lease, but it can quickly become confusing and stressful for a land owner to try to remember all of the important points that they need to. Here are just a few points to take into consideration if you have been approached about raising a tower on your property.
Your property will need to be easily accessible to the carrier at all times, so you should negotiate a lease for you that states that access to your property will be limited to the tower only. Land owners should require that the carrier secures the site for entry and exit, and also that carriers should actually secure the entire parcel. The lease also should always require the carrier to maintain insurance in good amounts at all times and to maintain liability on the property always. It is pretty typical that in a lease, the cell phone tower carrier names the land owner as an additional insured under all of the insurance policies. At the same token, land owners need to inform their own personal insurance company that a cell phone tower has been installed on the property.
The landowner involved needs to also require that the agreed upon lease include any appropriate indemnity terms, requiring the carrier to indemnify the landowner against any injuries, claims or damages that result from the carriers use of the land. Be sure that possible environmental contamination is covered in the clauses too. As a land owner, you can increase the value of the agreement by requesting the payment of a share of the real estate taxes by the carrier. The carrier should also pay for a portion of the utilities that are used at the site, including any electricity. If a Land Use Change Tax is imposed, the carrier should have no problem covering that fee as well.
The cellular phone tower lease should require that the carrier should notify the land owner of any assignment or sub leasing that occurs and should describe all of the current obligations that they have to the sub leaser. The land owner can require a guarantee of payment for this option to be available to the carrier. Finally, be sure that the cellular phone tower lease that you sign as a land owner allows you the right to retain the ability to sell your property in the future without affecting that lease.
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