Communications Capital Group Purchase and Assignment of Lease Agreement

If you are looking for Communications Capital Group’s website, please visit www.comcapgroup.com.

Cell Tower Attorney is a law firm that assists landowners approached by Communications Capital Group with negotiating the terms and conditions of a cell site buyout agreement. Communications Capital Group is a registered trademark of Communications Capital Group, LLC. We are not affiliated in any way with Communications Capital Group.

If you have been approached by a representative of Communications Capital Group interested in purchasing your cell site lease, the following is a description of the standard Communications Capital Group Cell Site Buyout Agreement:

The Communications Capital Group Cell Site Buyout Agreement is drafted as an assignment, purchase and easement agreement in which Communications Capital Group provides a lump-sum payment to the landowner in exchange for i) a new, exclusive Master Telecom Lease on the landowner’s property for telecommunications purposes; ii) the sale and assignment of the existing cell site lease from the landowner to Communications Capital Group; and iii) a non-exclusive easement for access to the landowner’s property and to install and maintain utilities.
Use: the Master Telecom Lease may be used by Communications Capital Group for telecommunications purposes, including the transmission and reception of radio communication signals which may include the construction, repair and maintenance of towers, antennas, cables and other telecommunications equipment.
Term: the term of the Communications Capital Group Cell Site Buyout Agreement is typically 30 to 40 years and the landowner grants Communications Capital Group an option to renew the Agreement.
Termination: the landowner may not terminate the Communications Capital Group Cell Site Buyout Agreement, however, Communications Capital Group may terminate the Agreement at any time. In the event of a breach by Communications Capital Group, the landowner must provide notice and an opportunity to cure the breach. In the event that Communications Capital Group abandons the property for 5 years, the Master Telecom Lease automatically terminates.
Right of Replacement: in the event the existing cell site tenant terminates its lease or breaches the existing cell site lease, Communications Capital Group may lease or sublease all or a portion of the Master Telecom Lease Area to a replacement tenant on terms consistent with the existing cell site lease. Communications Capital Group also may renew extend the term of the existing cell site lease or replacement cell site lease even if the extension or renewal results in a longer term than as provided in the Communications Capital Group Lease Buyout Agreement.
Assignment: Communications Capital Group may freely assign the Agreement as well as the right to receive the rent payments under the existing cell site lease.
Taxes: the Communications Capital Group Lease Buyout Agreement provides that the landowner is responsible for all real estate, sales, income or other transfer taxes assessed upon the property.
Easement: the landowner grants to Communications Capital Group a non-exclusive easement for the installation and maintenance of utilities and a non-exclusive easement for access to the Master Telecom Lease Area. Communications Capital Group or the replacement cell site tenant has the right to unrestricted access to the Master Telecom Lease Area 24 hours per day, 7 days per week.
Zoning: the landowner agrees to cooperate with Communications Capital Group or the cell site tenants in obtaining all licenses or permits necessary for the use of the property.
Interference: under the Communications Capital Group Lease Buyout Agreement, Communications Capital Group may not use the property in a manner which interferes with the landowner’s use of the property. Conversely, the landowner may not use the property in a manner which interferes with the cell site tenant’s use of the property or the easements granted under the Agreement.
Environmental: Communications Capital Group and the landowner agree not to introduce any hazardous substances on the property. The landowner represents that it has no knowledge of any hazardous substances on the property. The parties agree to indemnify each other from any and all claims, liabilities and damages that the indemnified party may incur as a result of hazardous substances on the property caused by the other party.
Maintenance: the landowner is required to maintain the property in a commercially reasonable condition and upon the termination or expiration of the Communications Capital Lease Buyout Agreement, the cell site tenant must restore the property to the condition existing on the commencement date.
Insurance: during the term of the Communications Capital Group Cell Site Buyout Agreement, the cell site tenant must maintain a liability insurance policy and name the landowner as an additional insured. In addition, the landowner must maintain commercial general liability insurance on the property and name Communications Capital Group as an additional insured.
Indemnification: the landowner and Communications Capital Group agree to indemnify and hold harmless each other against any and all claims or damages caused by the negligent acts or omissions of the indemnifying party on the property.
Default: the Communications Capital Group Cell Site Buyout Agreement states that the landowner shall provide notice of a default by Communications Capital Group or the cell site tenant no more than 30 days from discovery of the default and Communications Capital Group has 180 days to commence cure of the default except in the event of a threat to human life. Communications Capital Group shall provide written notice of a default of the Agreement or the cell site lease not less than 30 days from discovery of the default and the landowner shall have 30 days to cure the default.
Right of First Refusal: the landowner grants to Communications Capital Group a right of first refusal to i) purchase any other cell site lease on the property or other property owned by the landowner; ii) provide a new mortgage or mortgage refinancing on the property and iii) purchase all or any part of the property.

Cell Tower Attorney has experience in negotiating these and other similar provisions directly with Communications Capital Group. We can assist you in negotiating equitable terms and conditions that put reasonable constraints on Communications Capital Group’s or other third party purchasers’ ability to utilize the leased premises beyond the scope set forth in the original cell site lease as well as protect your existing and future rights and obligations as they apply to the cell site tenant as well as Communications Capital Group.

If you have been approached, please consider contacting us for assistance in your lease negotiation.

*** If you are looking for Communications Capital Group’s website, please visit www.comcapgroup.com. We are not affiliated in any way with Communications Capital Group.***