Property owners who enter into a cell tower lease agreement with a cell tower company or wireless carrier have several responsibilities outlined in the lease agreement. These responsibilities are typically spelled out in the contract and may include the following:
- Site Access: Property owners are responsible for providing the cell tower company or wireless carrier with access to the leased site as specified in the lease agreement. This includes allowing access for installation, maintenance, repair, and periodic inspections of equipment.
- Compliance with Lease Terms: Property owners must adhere to the terms and conditions outlined in the lease agreement. This includes honoring the agreed-upon rent payments, lease duration, and any other provisions.
- Maintenance and Liability: Property owners are often responsible for maintaining the leased site, including the surrounding area. This may include keeping the site clear of obstructions, ensuring safe access, and maintaining any non-cell tower-related structures (e.g., fences, gates).
- Zoning and Regulatory Compliance: Property owners must ensure that the leased site complies with local zoning regulations and permitting requirements. This includes obtaining necessary permits and approvals for the cell tower installation and ensuring that the site remains in compliance throughout the lease term.
- Safety and Security: Property owners must maintain a safe and secure environment around the cell tower site. This may include implementing safety measures and security protocols to protect the site and prevent unauthorized access.
- Environmental Compliance: Property owners must adhere to environmental regulations and requirements that apply to the leased site. This may involve managing hazardous materials, addressing environmental concerns, and complying with environmental laws.
- Insurance: Property owners are often required to carry liability insurance coverage to protect against potential damages, accidents, or claims related to the leased site.
- Communication: Property owners are expected to maintain open communication with the cell tower company or wireless carrier. This includes promptly reporting any issues or concerns related to the site and responding to requests for access or inspections.
- Lease Renewals and Negotiations: Property owners may have responsibilities related to lease renewals or negotiations. This may involve engaging in negotiations to extend the lease term, update lease terms, or address any changes in lease conditions.
- Compliance with Industry Standards: Property owners may be required to ensure that the leased site meets industry standards and specifications for cell tower installations.
- Tax and Fee Payments: Property owners are generally responsible for paying property taxes and other fees associated with the leased site, unless otherwise specified in the lease agreement.
It’s important for property owners to thoroughly review their lease agreements to understand their specific responsibilities and obligations. Lease agreements can vary widely, and the terms and conditions may be negotiated to suit the needs and interests of both parties. Property owners should also consider consulting with legal and financial advisors experienced in cell tower leasing to ensure that they fully understand and can fulfill their responsibilities under the lease.
