What is a Cell Tower Lease Agreement Review?
A cell tower lease agreement is a legal contract that specifies the working arrangement between a tower company (or carrier) and a property owner. It has to explain how the tower company will install the equipment on the property and how the equipment can be used.
If you need to review a cell tower lease agreement, read the rest of this article. You’ll explore key terms that usually appear in a cell tower lease agreement, how to review the contract for clarity, and how a qualified lawyer can help you with the review process to give you peace of mind.
What are Key Terms in a Cell Tower Lease Agreement?
A cell tower lease agreement usually contains the following core terms that you should read through carefully to ensure all the details are accurate.
- Rental payments. The payments must be clearly defined, such as if they’re to be made monthly or annually.
- Uses. Make sure that it’s clearly specified exactly how the equipment can be used.
- Upkeep. To ensure the equipment works well, the agreement should state which party is responsible for maintenance and repairs.
- Access rights. If the equipment needs to be checked or repaired, access to the property must be given.
- Duration. For clarity, the cell tower lease agreement must state how long the agreement will last.
What are Tips for Reviewing a Cell Tower Lease Agreement?
To prevent challenges or disputes, there are some things to consider when reviewing your cell tower lease agreement.
Check the Payment Amounts
Cell tower lease agreements usually contain a base rent amount, which is paid monthly, with annual escalation. Read these terms carefully as cell tower lease agreements usually have a long term.
Define the Equipment
Be as specific as possible when describing the equipment, such as by stating its type, dimensions, how many antennas it has, and more. Explain how to handle changes made to the equipment, such as by stating notification periods.
Consider Extra Fees
There might be additional fees that need to be paid during the agreement term, such as utility expenses. By providing clarity on additional costs, you’ll prevent disputes at a later stage.
Assess Indemnification Clauses
The indemnification clause in the agreement must include provisions to protect you against operations on the property that could go wrong. To further protect your interests, the agreement must specify what insurance will be taken out. It’s common for the carrier to require general liability insurance.
Be Mindful of Subletting
If the carrier wants to assign the lease to a different carrier, you should check that the agreement specifies that they can’t do this without first getting the property owner’s consent, as this can amend your working relationship and put you at risk.
Consider Entry Rights
How the carrier is allowed to enter the property must be defined to avoid privacy violations. Include acceptable access hours and how much notice should be given beforehand.
How Does a Lawyer Help You Review Your Cell Tower Lease Agreement?
Although you can review a cell tower lease agreement yourself, if you don’t have experience with the process, you could potentially miss something important that puts you at risk.
Since these contracts affect your property and income, while usually lasting for a long time, you want to hire a lawyer to help you with the review process.
Here’s how a lawyer will help you during the agreement review:
- They’ll explain exactly what you’re agreeing to in the agreement, especially because these contracts can be quite technical and legal.
- They’ll protect your rental income by reviewing all rental payments and ensuring that they’re reasonable.
- They can negotiate with the other party if there are any terms you’d like to amend, based on their professional guidance.
- They’ll consider the assignment rights. If the agreement allows the carrier to transfer their rights to a third party, a lawyer will check that the provisions don’t put you at risk.
- They’ll address all maintenance and repair clauses. This ensures clarity over which party has to handle upkeep, repairs, and equipment restoration.
- They’ll help you plan for the lease termination. They’ll do this by specifying what happens to the equipment, how it can be removed from the property, and what’s required to restore the property after the contract ends.
- They’ll consider any restrictions that could affect you as a property owner. This includes explaining if you’re allowed to develop or mortgage your property during the agreement term.
- They’ll flag any concerning clauses, such as ambiguous ones, and revise them for clarity. It’s much easier to edit the long-term agreement prior to signing it.
- They’ll ensure that all terms in the agreement comply with applicable laws and legal requirements, such as property and zoning regulations that can affect your arrangement.
Where to Find a Lawyer to Review Your Cell Tower Lease Agreement
If you need a lawyer who can review your cell tower lease agreement, the process of finding one doesn't have to be time-consuming or stressful. You also don’t have to cold-call traditional law firms in your area.
Instead, you can use an online legal platform that puts you in touch with various lawyers who are experienced in contract drafting and review.
ContractsCounsel is one of the largest online legal marketplaces where clients can connect with a curated network of vetted lawyers. It’s easy to request that a lawyer reviews your contract. Here are the steps to follow:
- Start by going to the ContractsCounsel marketplace. It’s free to post your project, or request, for a professional contract review.
- You can include some additional details of what you need to help you match with suitable lawyers.
- Review the lawyers’ information. The platform provides a lot of lawyer information, such as their location, experience, expertise, credentials, and ratings from clients for previous jobs completed on the platform.
- Select a lawyer who matches your requirements and hire them to review your cell tower lease agreement for a flat fee.
