Crown Castle Option and Ground Lease
If you are looking for Crown Castle’s website, please visit www.crowncastle.com.
Cell Tower Attorney is a law firm that assists landowners approached by Crown Castle with negotiating the terms and conditions of a Crown Castle Option and Ground Lease. Crown Castle is a registered trademark of Crown Castle International Corporation. We are not affiliated in any way with Crown Castle.
If you have been approached by a representative of Crown Castle interested in leasing a portion of your property, the following is a description of the standard Crown Castle Option and Ground Lease:
- Grant of Option to Lease- in exchange for an option fee, the landowner grants Crown the option for a period of 12 months to lease a portion of the landowner’s property.
- Due Diligence/ landowner cooperation- during the option period, Crown has the right to inspect and perform tests on the property as well as seek permits to determine the suitability of the leased premises for Crown’s intended use. The landowner agrees to cooperate with Crown in performing its due diligence.
- Extension/Exercise of Option- the Crown Castle Option and Ground Lease provides that in the event Crown does not exercise the option during the 12 month option period, the option is automatically renewed for 4 additional one year periods unless and until Crown exercises the option and as consideration for each renewal option, Crown agrees to pay the landowner an extension option fee. Crown may exercise the option by providing written notice or commencing construction of its equipment on the premises.
- Perpetual Easement- in the event Crown determines that it is necessary for it to have a perpetual easement over the premises, the landowner agrees to grant such an easement (in lieu of the Crown Castle Option and Ground Lease) and as consideration, Crown has the right to make a one-time lump sum payment instead of paying rent.
- Term and Rent- the initial term of the Crown Castle Option and Ground Lease is 25 years effective upon Crown’s exercise of the option and is automatically renewed for 3 successive terms of 25 years each. The monthly rent commences on the exercise of the option and increases by a fixed percentage rate every five years thereafter.
- Easements- upon the exercise of the option Crown is granted the following easements on the landowner’s property: i) an easement necessary to construct its equipment ii) an easement necessary to obtain or comply with any permits iii) an easement for an access road to the premises iv) an easement for utilities and v) an easement to install and maintain guy wires.
- Termination- Crown has the right to terminate the Crown Option and Ground Lease at any time for any reason on 180 days notice to the landowner.
- Use- Crown may use the leased premises for constructing, maintaining and operating its wireless communications facility, tower, shelter and related equipment.
- Real Estate Taxes- the landowner agrees to pay all real estate taxes on the property and Crown agrees to reimburse the landowner for any increase in taxes that are directly attributable to Crown’s equipment.
- Insurance- the Crown Option and Ground Lease provides that Crown will maintain insurance required by federal, state or local law.
- Right of First Refusal- In the event the landowner receives an offer to purchase all or a portion of the leased premises, including the rental income from the Crown Option and Ground Lease, the landowner must notify Crown and Crown shall have a right of first refusal for 30 days to purchase the premises on the same terms and conditions.
- Sale and Surrender of the Property- if the landowner sells all or part of the property, the sale will be subject to the Crown Option and Ground Lease and upon expiration or termination, Crown will remove all its improvements and restore the premises to its original condition within a reasonable period of time.
- Hold Harmless- the parties agree to indemnify, defend and hold harmless each other from any damages arising from the use of the premises or property by the indemnifying party except to the extent caused by the negligence or omissions of the other party.
- Interference- under the Crown Option and Ground Lease, Crown has the exclusive right to operate wireless communications equipment on the landowner’s property and the landowner agrees not to allow the operation of any other wireless equipment or any other devices that interferes with Crown’s use.
- Default- in the event of a default by either party under the Crown Option and Ground Lease, the defaulting party has 15 days to cure a monetary default or 30 days to cure a non-monetary default.
- Waiver and Assignment- the landowner waives any lien rights it has with respect to Crown’s equipment on the premises. Crown has the right to freely assign, without the landowner’s consent, the Crown Option and Ground Lease or sublease the premises.
Cell Tower Attorney has experience in negotiating these and other similar provisions directly with Crown Castle. We understand what Crown Castle and other telecommunications carriers are willing to accept as modifications to the lease and accordingly, advocate on the landowner’s behalf to achieve a lease that maximizes the landowner’s return on his property while protecting him from unnecessary liability. If you are looking for information regarding the appropriate monthly rental amount, our related company, Steel in the Air, can assist you with determining a fair market rent for a Crown Castle lease.
If you have been approached, please consider contacting us for assistance in your lease negotiation.
*** If you are looking for the Crown Castle’s website, please visit www.crowncastle.com. We are not affiliated in any way with Crown Castle International Corporation***