TriStar Exclusive Easement and Assignment Agreement

If you are looking for TriStar’s website, please visit www.tristarinvestors.com.

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

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

1. The TriStar Cell Site Buyout agreement includes two documents: i) the TriStar Exclusive Easement and Assignment Agreement and ii) a Letter Agreement to Grant Easement and to Assign Beneficial Rights in Current Lease.
2. Grant of Easement: the landowner grants TriStar an exclusive easement over the property for the transmission and reception of all wireless communication signals and the construction and operation of towers, antennas and related facilities. In addition, the Tristar Cell Site Buyout Agreement provides TriStar with a non-exclusive easement over the property for access to its facilities and for the installation of utilities. The easements include those portions of the property leased under the existing cell site lease.
3. Assignment of Current Agreements: under the TriStar Cell Site Buyout Agreement, the landowner assigns to TriStar all of its rights under the existing cell site lease on the property, including the right to receive all rents and the right to modify, extend or terminate the existing cell site lease. Notwithstanding the foregoing, the landowner remains the fee owner of the property and must comply with its obligations as landlord under the existing cell site lease.
4. Consideration: as consideration for entering into the TriStar Cell Site Buyout Agreement, TriStar pays the landowner a lump sum amount at closing. In addition, commencing upon the expiration or earlier termination of the existing cell site lease, Tristar agrees to pay ongoing payments equal to a specific percentage of the net revenues received by TriStar for use of the Easement. Upon closing, TriStar is entitled to any rent received by the landowner pursuant to the existing cell site lease and attributable to any period of time after the effective date of the TriStar Cell Site Buyout Agreement.
5. Use of the Easement: TriStar has the right to lease, assign or transfer its rights under the Easement to any third parties including i) communication service providers or tower owners, ii) any tenant or subtenant under the existing cell site lease, iii) the subsidiaries, parents or successors of TriStar, iv) TriStar’s present or future tenants. TriStar and its tenants shall have the right to enter and access the Easement at any time, 24 hours a day, 7 days a week.
6. Term: the TriStar Cell Site Buyout Agreement commences on its effective date and extends for 20 years following the date of expiration or earlier termination of the existing cell site lease. The Agreement automatically extends for an extension term of 5 years and for 5 five-year extension terms thereafter unless either party terminates the Agreement by giving the other party notice of its intent to terminate at least one year prior to the then current initial term or extension term.
7. Termination: in the event TriStar or its tenants fail to use all portions of the Easement for 5 or more consecutive years, the Easement is deemed abandoned. The landowner may not terminate the TriStar Cell Site Buyout Agreement.
8. Taxes: Upon the expiration of the existing cell site lease, TriStar is responsible for all taxes directly attributable to its facilities. The landowner shall pay all other taxes.
9. Exclusive Use: the TriStar Cell Site Buyout Agreement provides that except for TriStar’s or its tenant’s use, no part of the property or any other property owned by the landowner located within a 5 mile radius may be used for communications purposes without the consent of TriStar. In addition, the landowner will not install or permit to be installed any equipment which causes interference with TriStar’s or its tenant’s equipment and will not otherwise interfere with the operations of TriStar or its tenants.
10. Environmental: the landowner represents that it has no knowledge of any hazardous materials on the property and neither the landowner nor TriStar will introduce or use any hazardous materials on the property in violation of law. The parties agree indemnify, defend and hold the other party harmless from any and all claims arising out of the presence of hazardous materials on the property caused by the indemnifying party.
11. Indemnity: the TriStar Cell Site Buyout Agreement provides that the landowner and TriStar shall each indemnify, defend and hold the other harmless against any and all claims of liability arising out of i) a breach of any representation of the indemnifying party in the Agreement or ii) the use of the property by the indemnifying party except to the extent caused by the negligence of the indemnified party.

Cell Tower Attorney has experience in negotiating these and other similar provisions directly with TriStar. We can assist you in negotiating equitable terms and conditions that put reasonable constraints on TriStar’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 TriStar.

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

*** If you are looking for TriStar’s website, please visit www.tristarinvestors.com. We are not affiliated in any way with TriStar.***