Communications Capital Group Purchase and Assignment of Lease Agreement
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 lease buyout agreement. We are not affiliated in any way with Communications Capital Group. If you are looking for Communications Capital Group's website, please visit www.comcapgroup.com. Communications Capital Group is a registered trademark of Communications Capital Group, LLC.
We Help Protect Your Rights – Now and in the Future!
Cell Tower Attorney provides professional legal services to both private and public landowners who are being approached by Communications Capital Group to enter into an Easement Purchase and Assignment of Lease Agreement. We offer sound legal advice on all aspects of cell tower lease agreements, including:
- Lease negotiation
- Landlord/tenant disputes
- Litigation support
- Environmental due diligence
- General lease administration
If a representative of Communications Capital Group has approached you with an interest in purchasing your cell site lease, the following information will be extremely helpful as you consider the offer.
First, you should know that the Communications Capital Group Easement Purchase and Assignment of Lease Agreement is drafted as an assignment, purchase, and easement contract in which it makes a lump-sum payment to you, the landowner, in exchange for:
- A grant of an exclusive easement for telecommunications purposes only and
- The sale and assignment of the existing cell site lease from you, the landowner, to Communications Capital Group
The typical Communications Capital Group Easement Purchase and Assignment of Lease Agreement contains the following stipulations:
- Use - Communications Capital Group may use the Easement for telecommunications purposes, including the transmission and reception of radio communication signals. These 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.
- Termination - As the landowner, you are not allowed to terminate the Communications Capital Group Easement Purchase and Assignment of Lease Agreement. However, Communications Capital Group may terminate the Agreement at any time. In the event that Communications Capital Group abandons the property for 5 years, the Master Telecom Lease automatically terminates.
- Right of Replacement - If you have an existing cell site tenant on your property and that tenant terminates or breaches its lease, Communications Capital Group may lease or sublease all or a portion of the Easement to a replacement tenant. The terms will be consistent with the existing cell site lease. Communications Capital Group also may renew or extend the term of the existing or replacement cell site lease even if the extension or renewal results in a longer term than the term provided in the Easement Purchase and Assignment of Lease 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 Easement Purchase and Assignment of Lease Agreement provides that you as landowner are responsible for all real estate, sales, income or other transfer taxes assessed upon the property.
- Easement - You, the landowner, grant Communications Capital Group a non-exclusive easement for the installation and maintenance of utilities and a non-exclusive easement for access to the Easement. Communications Capital Group (or the replacement cell site tenant) then has the right to unrestricted access to the property 24 hours per day/7 days a week.
- Zoning - You must agree to cooperate with Communications Capital Group or the cell site tenants in obtaining all necessary licenses or permits.
- Interference - Under the Easement Purchase and Assignment of Lease Agreement, Communications Capital Group may not use the property in a manner that interferes with your own use of the property. Conversely, you may not interfere with the cell site tenant's use of the property or the easements granted under the Agreement.
- Environmental - Both you and Communications Capital Group agree not to introduce any hazardous substances on the property and you must verify that you have no knowledge of any such substances on the property. Both parties agree to indemnify each other from any and all claims, liabilities and damages that may occur as a result of hazardous substances on the property.
- Maintenance - You are required, as the landowner, to maintain the property in a commercially reasonable condition. Upon termination or expiration of the Easement Purchase and Assignment of Lease Agreement and where required under the existing cell site lease, the cell site tenant must restore the property to its original condition.
- Insurance - During the term of the Agreement, the cell site tenant must maintain a liability insurance policy and name you, the landowner, as an additional insured. Conversely, you must maintain commercial general liability insurance on the property and name Communications Capital Group as an additional insured.
- Indemnification - You and Communications Capital Group agree to indemnify and hold each other harmless against any and all claims or damages caused by the negligent acts or omissions of the indemnifying party.
- Default - The Communications Capital Group Easement Purchase and Assignment of Lease Agreement states that you, the landowner, shall provide notice of a default by Communications Capital Group (or the cell site tenant) not more than 30 days from discovery of the default. Communications Capital Group then 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 more than 30 days from discovery of the default. You then have 30 days to cure the default.
- Right of First Refusal - You must grant Communications Capital Group a right of first refusal to purchase any other cell site lease on the property.
- Revenue Sharing - When a new tenant enters into a lease for space on the Easement, Communications Capital Group will collect the rent and retain a percentage and remit the balance to you.
Cell Tower Attorney has experience in negotiating these and other similar provisions directly with Communications Capital Group and we can assist you in getting fair and equitable terms and conditions.
If you are considering entering into a Communications Capital Group Easement Purchase and Assignment of Lease Agreement, call or email us first for a free consultation. If you retain us, we will make certain your rights are always protected.