[WSBARP] CELL Phone Tower, rent??

[Catherine Clark]

One trend in this industry is to buy an easement and pay up front a lump sum.  That can cause a huge problem down the road.  Recommend putting a clause in any lease or easement that they agree to move their equipment at owner’s request in the event of development of the property.  Suggest also that language saying that the lease/easement terminates in the event of an eminent domain action and that the property owner retains all rights to just compensation.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Suite 304
Seattle, WA 98104
Office: (206) 838-2528
Mobile: (206) 409-8938
Email: cat at loccc.com

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From: Mark Anderson<mailto:marka at mbaesq.com>
Sent: Tuesday, January 31, 2023 5:41 PM
To: WSBA Real Property Listserv<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CELL Phone Tower, rent??

I’m working on finalizing one of those now.  Feel free to give me a call about the terms.

The amount of rent will likely depend on the location of the tower and if there are any competing entities vying for the easement rights.  If the client is good with tying up the property for another 30 years (and possibly foregoing a big sale or development opportunity), then it should be all about the money.  You will also have to consider client’s successors, heirs, etc. to preserve that income stream.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Joshua Grant
Sent: 01/31/2023 11:37 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] CELL Phone Tower, rent??

Client is coming to end of 30-year lease with AT&T.  They have offered an increase in rent which would start early, a 3% a year increase for the next 30 years and a $10,000 signing bonus. This is an existing cell tower.  I am wondering what the rent should be and whether another 30 year lease, which has been requested, is a good idea.
Josh

Joshua F. Grant
[cid:image002.png at 01D9359F.E5D3DE80]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>


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