Clearwire Cell Site Lease
If you are looking for Clearwire’s website, please visit www.clearwire.com.
Cell Tower Attorney is a law firm that assists landowners approached by Clearwire with negotiating the terms and conditions of a cell site lease agreement. Clearwire is a registered trademark of Clearwire US LLC. We are not affiliated in any way with Clearwire.
If you have been approached by a representative of Clearwire interested in leasing your property, the following is a description of the standard Clearwire Cell Site Lease:
- Due Diligence - from the effective date of the Clearwire Cell Site Lease until the Commencement Date, Clearwire has a due diligence period in which it may inspect and perform any necessary tests and investigations to determine the suitability of the premises for its use. During the due diligence period, may terminate the Clearwire Cell Site Lease for any or no reason.
- Use - Clearwire may use the Premises for wireless communication services and the operation of related equipment. The landowner agrees to cooperate with Clearwire in obtaining all necessary permits for its intended use.
- Term - the commencement date of the Clearwire Cell Site Lease is the earlier of the date Clearwire commences construction of its equipment or 18 months after the effective date of the Lease. The term is 5 years and Clearwire has the right to extend the term for 5 additional five year periods which are automatic unless Clearwire notifies the landowner of its intention not to renew prior to each renewal term.
- Improvements - Clearwire has the right to construct, maintain and repair its communication facilities, including a tower or pole and foundation, utilities, antennas, and a generator. Upon the expiration or termination of the Clearwire Cell Site Lease, it will remove all of its equipment from the property.
- Access - the landowner agrees to provide Clearwire with access to the premises 24 hours, 7 days a week as well as an easement across the property to access the premises.
- Interference - Clearwire agrees to operate its equipment in compliance with all FCC regulations and will not interfere with any equipment of landlord other tenants that predate its installation. The landowner agrees not to permit other tenants to install new equipment if it is likely to cause interference with Clearwire’s equipment. In the event of interference, the landowner will use best efforts to eliminate it in a reasonable period of time.
- Taxes - the Clearwire Cell Site Lease provides that Clearwire shall pay all personal property taxes on its equipment and the landowner shall pay all real property taxes attributable to the premises.
- Termination - the Clearwire Cell Site Lease may be terminated by either party in the event of a default of any term of the Lease by the other party which is not cured within 60 days, provided however, the grace period for monetary default is 10 days. The Lease may also be terminated by Clearwire (i) if it is unable to obtain or maintain any permits necessary to use the premises; (ii) if it determines that the premises are not appropriate for its operations for economic or technological reasons; or (iii) if it determines that it will be unable to use the premises for Clearwire’s intended purpose.
- Insurance - Clearwire will provide commercial general liability insurance and both parties agree to indemnify and hold each other harmless from all claims and damages arising from the indemnifying party’s breach of any term of the Clearwire Cell Site Lease or from the negligence or willful misconduct of the indemnifying party.
- Assignment - Clearwire may assign the Clearwire Cell Site Lease at any time with notice to the landowner.
Cell Tower Attorney has experience in negotiating these and other similar provisions directly with Clearwire. We understand what Clearwire and other telecommunications carriers are willing to accept as modifications to the lease and accordingly, our attorneys advocate on the landowner's behalf to achieve a lease that maximizes the landowner’s return on his property while protecting him or her from unnecessary liability.
If you have been approached, please consider contacting us for assistance in your lease negotiation.
If you are looking for information regarding the appropriate monthly rental amount, our related company, Steel in the Air, can assist you with evaluating Clearwire offers and the fair market value for a Clearwire lease.
*** If you are looking for the Clearwire website, please visit www.clearwire.com. We are not affiliated in any way with Clearwire***