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Current Issues in Cell Tower Leases - Webinar (Recorded)

  • Webinar

  • 90 Minutes
  • May 2024
  • Lorman Business Center, Inc.
  • ID: 5767906

Understand the terms of your cell tower lease and avoid provisions that harm property values and the future use of the property.

Get answers to the two most frequent cell lease questions: What is the going rental rate for cell leases - particularly the thousands of leases coming up for renewal? Why 5G cell service is not affecting rents or sales prices, and what terms should you avoid in your cell tower lease that harm property values and the future use of the property? This program provides the A-to-Z basics of cell tower leases and lease sales and is taught by two faculty members with decades of experience representing property owners on cell tower leases and sales. It covers entering into a lease, renewing a lease, and selling a lease while emphasizing rents, sales prices, terms, and in particular, avoiding provisions that harm property values and the future use of the property.

The program will help property owners and attorneys, who only occasionally deal with cell leases, better negotiate with wireless industry personnel who work on leases every day. It starts by covering key business issues in cell site leases, initial rents, average rents, and rent increases possible at renewals, avoiding clauses that interfere with the normal use of the property, and why 5G service should have little impact on the preceding. Why leases for antennas on buildings are more complicated, requiring special provisions. After covering more conventional lease terms, the program addresses the sale of cell leases and future leasing rights. This program includes typical sale prices (currently around 20 times annual rents), when to sell and when not to sell, and how to get the best price and terms in a sale. It emphasizes avoiding sales terms that the presenters have seen destroy property value by pre-venting its normal use and development.

For municipalities, the topic addresses additional key items in cell leases and lease sales that are unique to them. For all wireless landlords, the material covers such topics as lease terms and terminations, access requirements, radio frequency interference, design and camouflage, and radio frequency emissions safety. This topic is particularly important for commercial landlords, developers, and the like, who often own attractive sites for cell leases but are most at risk from a poor lease or sales terms harming the value of the property with the lease.

Learning Objectives

  • You will be able to discuss entering or renewing a cell tower lease.
  • You will be able to explain selling a cell tower lease.
  • You will be able to review state and local government issues.
  • You will be able to discuss drafting and counseling issues

Agenda

Entering Into or Renewing a Cell Tower Lease
  • Basics of New Cell Site Lease Rents and Terms
  • Impact on Rents by 5G Cell Service
  • Increasing Rents at Lease Renewal - Industry Averages
  • Location of Leased Area, Access, and Utility Easements
  • Final Survey, Engineering Drawings Needed Before Signing
  • Changes and Modifications to Lease, Leased Area, Site Design and Camouflage
  • Avoiding Lease Terms Which Harm Property Use, Future Development
  • Relocation Provisions, Why This Is Critically Important
  • Utility Service and Property Tax Provisions
  • Insurance, Bankruptcy Protections, and Other Lease Terms
  • Rooftop Cell Antenna Leases Are More Complicated
  • Special Lease Terms Needed
Selling a Cell Tower Lease
  • 2024 Sales Prices - Around 20 Times Annual Rents
  • Using Bid Process to Get Best Price and Terms in Final Sale Documents
  • When Cell Lease Sales Make Sense and When They Don’T
  • If Selling Property With a Cell Lease - Sell or Retain the Cell Lease First
  • If Buying Property With a Cell Lease - Common Pitfalls to Avoid
  • Avoiding Terms That Harm Property Values, Limit Future Property Development
  • If Property Is Mortgaged, Issues With Bank Consent
  • How Long a Lease Sale Takes, Start to Finish
  • Why Rooftop Antenna Lease Sales Are More Complicated, Need Special Terms
State and Local Government Issues
  • Bond Counsel Approval Often Needed
  • Dillon’s Rule, Governmental Authority for a Sale
  • Property Specific Restrictions, Reverters
  • Procurement, Waste Issues
Drafting and Counseling Issues
  • Business Pros and Cons
  • Visualizing the Deal (Ground Level Sites; Rooftop Building Sites)
  • Getting Multiple Offers via an RFP Process
  • Signing Bonuses to Offset Owner’s Legal Fees and Transactional Fees
Question and Answers

Speakers

  • Dr. Jonathan L. Kramer, Esq.
  • Dr. Jonathan L. Kramer, Esq.,
    Telecom Law Firm, P.C.


    • Heads Telecom Law Firm, P.C. with offices in Los Angeles and San Diego
    • Attorney admitted in California and New Mexico
    • Wireless leasing and zoning experience for more than 20 years
    • Radio frequency telecom engineer for more than 35 years
    • Can be contacted at 310-312-9900, ext. 121 or Kramer@TelecomLawFirm.com

  • John W. Pestle, Esq.
  • John W. Pestle, Esq.,
    Varnum LLP


    • Chair of the Telecommunications Group at the Varnum LLP law firm
    • Since 1996 has represented property owners nationwide on cell tower leases
    • Has represented clients on the sale of more than 90 cell tower leases
    • Can be contacted at 616-336-6725 or jwpestle@varnumlaw.com

  • Peter A. Schmidt
  • Peter A. Schmidt,
    Varnum LLP


    • Partner at Varnum LLP and the chair of Varnum’s real estate practice team
    • Represents property owners nationwide on cell tower matters, including leases and sales of future leasing rights
    • Clients include real estate companies, municipalities, schools, churches, businesses, as well as individual landowners and trusts
    • Graduate of Albion College and the University of Wisconsin Law School
    • A Fellow in the American College of Mortgage Attorneys

Who Should Attend

This live webinar is designed for attorneys, planners, directors of development, project managers, government administrators, council and board members, land use officials, public works and utilities directors, municipal government officials, engineers, surveyors, and real estate professionals.