TriStar Easement and Assignment Agreement
Cell Tower Attorney is a law firm that assists landowners with negotiating the terms and conditions of a TriStar Easement Agreement. If you are looking for TriStar's website, please visit www.tristarinvestors.com. TriStar is a registered trademark of TriStar Investors. Cell Tower Attorney is not affiliated in any way with TriStar.
If a representative of TriStar has contacted you about purchasing your cell site lease, the following information will be helpful as you review the standard TriStar Easement Agreement. We provide professional legal services to both private and public landowners who are being approached by TriStar to enter an Easement Agreement. We offer sound legal advice on all aspects of cell tower leases including:
- Lease negotiation
- Landlord/tenant disputes
- Litigation support
- Environmental due diligence
- General lease administration
First, you should know that the TriStar Easement Agreement includes two documents:
- The TriStar Easement Agreement and
- A Letter Agreement to purchase easement rights and for the assignment of rights under the current cell site lease.
- Grant of Easement - As the landowner, you must grant TriStar an exclusive easement over your 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 Easement Agreement provides TriStar with a non-exclusive easement for access to the cell site facilities and for the installation of utilities. The easements include those portions of your property leased under the existing cell site lease.
- Assignment of Current Agreements - Under TriStar's Easement Agreement, you assign TriStar all of your rights under the existing cell site lease, including the right to receive all rents as well as the right to modify, extend, or terminate the existing cell site lease. You, the landowner, remain the fee owner of the property and therefore must comply with all landlord obligations under the existing cell site lease.
- Consideration - As consideration for entering into the TriStar Easement Agreement, TriStar will pay you a lump sum at closing. In addition, upon the expiration (or earlier termination) of the existing cell site lease, TriStar agrees to make ongoing payments equal to a percentage of the net revenues received by them from the cell site tenants for use of the Easement. Upon closing, TriStar is entitled to any rent received by you pursuant to the existing cell site lease and attributable to any period of time after the effective date of the TriStar Easement Agreement.
- Use of the Easement - TriStar reserves the right to lease, assign, or transfer its rights to any third parties including:
- Communication service providers or tower owners
- Any tenant or subtenant under the existing cell site lease
- The subsidiaries, parents, or successors of TriStar
- 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 per day/7 days a week.
- Term - The TriStar Easement Agreement starts on its effective date and is perpetual.
- Termination - In the event TriStar or its tenants fail to use all portions of the Easement for a period of more than 5 consecutive years, the Easement is deemed abandoned. Despite this however, you may not terminate the TriStar Easement Agreement.
- Taxes - Upon the expiration of the existing cell site leases, TriStar is responsible for all taxes directly attributable to the cell site facilities. You pay all other relevant taxes.
- Exclusive Use - 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 five-mile radius) may be used for communications purposes without TriStar's consent. In addition, you cannot install or permit to be installed any equipment which causes interference with TriStar's or its tenant's equipment or operations.
- Environmental - You must verify that you have no knowledge of any hazardous materials on your property and that neither you nor TriStar will use any hazardous materials on the property in violation of law. Both parties must agree to indemnify, defend, and hold each other harmless from any and all claims resulting from the illegal presence of hazardous materials caused by the other party.
- Indemnity - The TriStar Easement Agreement provides that you and TriStar shall each indemnify, defend, and hold the other harmless against any and all claims of liability arising out of:
- A breach of any representation of the indemnifying party in the Agreement or
- 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 the practical experience necessary to negotiate these and other similar provisions directly with TriStar. We can assist you in negotiating equitable terms and conditions and putting reasonable restrictions on TriStar's or other third party purchasers' ability to use your property beyond the original agreement. We are here to protect your legal rights – now and in the future.
If you have been approached, please consider contacting us for assistance in your lease negotiation.