Posted by bc on June 04, 2010 at 16:52:16 from (69.151.187.200):
In Reply to: OT CELL TOWER posted by Melissa IA on June 04, 2010 at 09:18:01:
As a former chairman of a planning commission and attorney, we could reasonably regulate them and make some restrictions but they have a federal mandate through the FCC and we can't stop the.
Issues to consider that may not be in their contract:
Is this a standalone or guy wired tower? Guy wires need a 4 to 8 to 12 posts in the field to tie to. Sometimes a pipe frame or fence around them. The tower base and building will be fenced. Usually covered with gravel but will they take care of all weeds and keep weeds and grass below X" such as 6 or 12. Will they maintain the fence?
They need a ingress/egress road to the place. Same issue for maintenance, weeds, and mowing. You don't want an eyesore. Will the road interfere with your farming operations?
They will probably have to bury a line and maybe install poles to get power even though they usually have a backup generator.
Will they release, indemnify, and hold you harmless if you or your tractor operator snags a guy wire with a disk and pulls the thing down or otherwise causes damage to their property.
There are lots of other issues but I would want a clause that should the tower ever become inactive or no longer used for some period (a year or two or so)(cell technology will probably pass on to satelite someday), that they or any successor company will remove it at their cost and restore your land to original condition. They will pay your legal costs if you have to go to court to enforce the agreement.
There are companies that all they do is own cell towers and install them and then lease the space to the big cell companies. (Just like walmart has a separate company that owns their real estate which rents to the store operating company) Those companies could go belly up and leave you sitting. Make the clause state how they will handle removal.
Have an enforcement clause allowing you to go to court when they belly up, bankrupt, or what ever and quit paying your rent. Cessation of rent payments for x number of months/years will trigger the tower removal clause.
Whose insurance covers things like damages and personal injuries from hurricanes, tornados, planes, cars, vehicles, vandalism by kids breaking in or climbing the pole and falling and dying or end up a paraplegic, and acts of god should the thing end up damaged or down? Don't trust them to maintain insurance and you may be better off having all those things covered and include the cost of insurance in the contract with them paying for any increases in cost.
Gotta go but lots of issues. It is worth having an attorney look at it and negotiate it for you. A few months rent to have a good contract negotiated now is better than signing on the dotted line and getting burned later. I have too many people come in after signing a contract and by then it is too late. Good luck
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