Xiocom Cell Site Lease
If you are looking for Xiocom Wireless website, please visit www.xiocom.com.
Xiocom Wireless, formerly Tacora Wireless, is a wireless broadband company that provides wireless internet service in locations such as resorts, hotels and apartments complexes. Cell Tower Attorney is a law firm that assists landowners approached by Xiocom with negotiating the terms and conditions of a cell site agreement. Xiocom is a registered trademark of Xiocom Wireless. We are not affiliated in any way with Xiocom.
If you have received an offer from Xiocom to lease your property, the offer should include the standard Xiocom Cell Site Lease. The following provisions are typically found in the Agreement:
- Lease of Premises: the Xiocom Cell Site Lease states that Xiocom may use the premises for the installation and operation of antennas, routers and other equipment to provide wireless telecommunications services. The Lease grants Xiocom a license to market, sell and provide its services to the building tenants. During the term of the Xiocom Cell Site Lease, Xiocom has the exclusive right to provide wireless services to the building and the landowner may not enter into any other agreement to provide wireless services.
- Access: the Xiocom Cell Site Lease allows Xiocom to have access to the building 24 hours a day, 7 days a week.
- Term: the term of the Xiocom is 5 years commencing on the date on which Xiocom’s equipment is operational and its services are available within the building. The Lease automatically renews for up to 5 additional terms of 5 years each unless Xiocom provides notice to the landowner of its intent not to renew.
- Termination: the Xiocom Cell Site Lease allows Xiocom to terminate the Lease if i) signal interference, system design or changes in technology render Xiocom unable to effectively and economically provide its services; ii) system usage by its customers render its continued operation of the equipment economically impractical; iii) a change in applicable legal or regulatory requirements that prohibits Xiocom from delivering its services.
- Construction and Installation: upon request, Xiocom must submit plans for its construction to the landowner for review. All construction will be performed in a safe manner and consistent with construction standards and practices.
- Utilities: the Xiocom Cell Site Lease provides that the landowner will provide Xiocom access to one receptable for electrical power and the standard wattage for a 20-amp circuit as well as one telephone circuit. The landowner is responsible for the cost of any electricity used by Xiocom. Xiocom is responsible for any charges attributable to the telephone circuit.
- Landlord Covenants: the landowner agrees to repair all damage to the premises caused by its use and the landowner will cooperate with Xiocom in assisting Xiocom to procure any government permits necessary to construct its equipment. The landowner also agrees not to enter into any leases in the future if such use interferes with Xiocom’s services.
- Removal: Following termination of the Xiocom Cell Site Lease, Xiocom may remove the equipment at its expense. Any equipment not removed within 120 days after termination of the lease may be deemed the landowner’s property.
- Indemnity - The parties agree to indemnify and hold harmless each other from any and all claims arising from the negligence or willful misconduct of the other party.
- Insurance - Xiocom agrees to procure and maintain general liability and commercial property insurance and shall name the landowner as an additional insured. In addition, Xiacom will maintain worker’s compensation and other insurance required by applicable law.
- Default: the Xiocom Cell Site Lease provides that if either party fails to perform any obligation under the Lease and such failure is not cured within 30 days, such failure shall be a default under the Lease.
- Assignment: Xiocom may assign the Site Lease to any corporation or company that owns or is controlled by Xiocom or any entity that purchases substantially all of Xiocom’s assets or is merged with Xiocom. Any other assignment by Xiocom is subject to the prior written consent of the landowner.
The above provisions are just some of the legal issues in the Xiocom Cell Site Lease that need to be considered by a landowner when evaluating an offer from Xiocom 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.