SBA Cell Site Lease Agreement
If you are looking for SBA Communications' website, please visit www.sbasite.com.
Cell Tower Attorney is a law firm that assists landowners approached by SBA with negotiating the terms and conditions of a cell site agreement. SBA is a registered trademark of SBA Communications, Corporation. We are not affiliated in any way with SBA.
If you have received an offer from SBA to lease your property, the offer should include the standard SBA Cell Site Lease. The following provisions are typically found in the Agreement:
- Option: upon execution, the SBA Cell Site Lease is initially an option for a specified period of time in which SBA may lease a portion of the landowner's property. During the option period, SBA has the right to conduct various tests, studies and surveys on the property to determine if it is suitable for SBA's intended use.
- Leased Space and Premises: the SBA Cell Site Lease states that SBA will use the leased premises to construct and operate a wireless communications facility, including a tower, antennas, cables and related structures.
- Term: the term of the SBA Cell Site Lease is 5 years commencing on the date that SBA exercises the option and the Lease automatically renews for up to 10 additional terms of 5 years each unless SBA notifies the landowner of its intention not to renew prior to the commencement of the succeeding renewal term.
- Easement: the SBA Cell Site Lease provides that SBA has the right to an easement for access to the Premises to construct, operate and maintain its equipment as well as install telephone and power lines.
- Assignment and Sublease: SBA may sublet the leased premises or assign the Lease without the landowner's consent.
- Improvements and Removal: SBA has the right to make any improvements necessary for the operation of its equipment and the equipment may be used for the transmission of radio frequency signals. Upon termination of the SBA Cell Site Lease, SBA will restore the leased premises to its original condition, normal wear and tear excepted.
- Insurance/Hold Harmless: the SBA Cell Site Lease requires SBA and the landowner to each maintain liability insurance to cover their operations and activities on the property. SBA agrees to hold the landowner harmless from any liability for damages that occur on the leased premises unless the damages are due to the landowner's negligence. Conversely, the landowner agrees to hold SBA harmless from any liability for damages that occur on the leased premises arising out of the negligence of the landowner.
- Operating Expense/Taxes: SBA agrees to pay for all water, gas, utilities, and telephone service used by SBA. SBA also agrees to pay for any personal property taxes attributable to its equipment. The landowner agrees to pay for all real property taxes attributable to the Premises.
- Maintenance: SBA agrees to use best efforts to maintain the leased premises in good condition and state of repair while the landowner agrees to maintain the property in good condition and state of repair.
- Termination: the SBA Cell Site Lease allows SBA to terminate the Agreement if i) any permit necessary for SBA's use of the leased premises is denied or revoked; ii) SBA determines that technical problems or radio frequency interference exists that impair its ability to use the leased premises; iii) utilities are not available, iv) the leased premises are damaged or destroyed; v) the landowner defaults under the Lease; vi) the leased premises will no longer benefit SBA economically; vii) if SBA determines that it will be unable to use the site for any reason. The landowner may terminate the lease in the event of a material default by SBA or its failure to pay rent within 60 days.
- Exclusivity: the landowner may not use or lease the property to third parties for telecommunications purposes.
- Access: the SBA Cell Site Lease allows SBA to have access to the leased premises 24 hours a day, 7 days a week.
- Right of First Refusal: SBA has the right of first refusal to match any offer for the purchase of the leased premises or property for 30 days after the landowner's receipt of an offer.
The above provisions are just some of the legal issues in the SBA Cell Site Lease that need to be considered by a landowner when evaluating an offer from SBA to lease a portion of his or her property. Cell Tower Attorney can help explain the legal obligations and responsibilities required of the landowner in a clear and concise manner. More importantly, we can assist you in negotiating a lease that protects you and your property's interests while creating additional revenue on the property.
If you have been approached, please consider contacting us for assistance in your lease negotiation.
*** If you are looking for SBA Communication's website, please visit www.sbasite.com. We are not affiliated in any way with SBA Communications.***