Whenever a cell phone tower site lease is on the table, there are many things that need to be discussed and negotiated in order for the land owner and the cell phone company to come to an agreement that offers maximum profitability for them both. For the land owner, it can quickly become confusing and stressful to try to sort through stipulations, laws and contract clauses, which is why there are companies out there who serve as mediators and liasons between the two parties at the negotiation tables. If you have been approached by a cell phone company about a lease for a tower to be built on your property, here are some things you must know.
The cell phone company will undoubtedly put in the contract that they should be able to gain access to the land that the tower will be built on at any time without your additional consent. This is standard, so do not waste your effort arguing this point. Be sure that you negotiate a lease for you that clearly states that the access is fine but that the wireless carrier will only have access to the part of the property with the tower on it. Their access needs to be limited to the tower site only. Require that the wireless carrier secures the site
for entry and exit and that they also secure the entire property to prevent intrusions, usually in the form of a fence around your property. You should also demand in the agreement that the wireless carrier must maintain insurance at all times and to maintain liability on the property. It is common to see in these agreements that the carrier names the land owner as an additional insured under all of the insurance policies that they enter into, and at the same account, you will need to inform your own personal insurance company that a cell tower is going up on your property.
Some of the other things that should be added into leases are items and clauses including any appropriate indemnity terms that require the carrier to indemnify the land owner against any claims, damages or injuries that are a result of the carrier using the land. As a land owner, you can increase the value of the cell tower lease agreement by requesting that the payment of a share of the real estate taxes be made by the wireless carrier company. The wireless carrier should also pay for some of the utilities that are used at the site such as electricity. If a Land Use Change Tax is imposed, the carrier should have no problem covering that fee as well.
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