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Cell Tower Leases

JM
Jon Miller
Fri, Nov 4, 2022 4:20 PM

Counselors,

I would appreciate any recent cell tower leases obtained by municipalities in Oklahoma, including rates for leases.  A carrier is proposing a lease amount that seems extremely low.  The last lease I negotiated was nearly 20 years ago and I am certain lease terms have changed.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

Counselors, I would appreciate any recent cell tower leases obtained by municipalities in Oklahoma, including rates for leases. A carrier is proposing a lease amount that seems extremely low. The last lease I negotiated was nearly 20 years ago and I am certain lease terms have changed. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
JS
Jeff Stephens
Wed, Nov 9, 2022 12:28 PM

I recall that IMLA had a good webinar in the last year or so about negotiating cell tower leases for municipalities.   The written materials contained a lot of good considerations- I will try to find and send them to you. They don't want to have to build a tower at another location and dismantle the existing one, so you have leverage to get the terms the City wants.  The leases they propose usually have to be gutted so you might be better off just sending them what the City will agree to once the initial lease payment is agreed upon. They will usually try to get you to agree to an increase every 5 years (15% for example) rather than an annual increase in the lease payment of 3%, which over the lease term leaves a lot of money on the table. In my experience you have to make it clear that the City is willing to walk away if the terms are not acceptable.Jeff M. StephensStephens Law Firm4314 S. Quaker AvenueTulsa, OK 74105918.442.6266stephenslawfirm@sbcglobal.net

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at stephenslawfirm@sbcglobal.net or by telephone at 918-396-0404, and destroy the original transmission and its attachments without reading them or saving them to disk or hard drive. Thank you

On Friday, November 4, 2022 at 11:23:44 AM CDT, Jon Miller <jmiller@cityofmustang.org> wrote:  

Counselors,

I would appreciate any recent cell tower leases obtained by municipalities in Oklahoma, including rates for leases.  A carrier is proposing a lease amount that seems extremely low.  The last lease I negotiated was nearly 20 years ago and I am certain lease terms have changed.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

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I recall that IMLA had a good webinar in the last year or so about negotiating cell tower leases for municipalities.   The written materials contained a lot of good considerations- I will try to find and send them to you. They don't want to have to build a tower at another location and dismantle the existing one, so you have leverage to get the terms the City wants.  The leases they propose usually have to be gutted so you might be better off just sending them what the City will agree to once the initial lease payment is agreed upon. They will usually try to get you to agree to an increase every 5 years (15% for example) rather than an annual increase in the lease payment of 3%, which over the lease term leaves a lot of money on the table. In my experience you have to make it clear that the City is willing to walk away if the terms are not acceptable.Jeff M. StephensStephens Law Firm4314 S. Quaker AvenueTulsa, OK 74105918.442.6266stephenslawfirm@sbcglobal.net CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at stephenslawfirm@sbcglobal.net or by telephone at 918-396-0404, and destroy the original transmission and its attachments without reading them or saving them to disk or hard drive. Thank you On Friday, November 4, 2022 at 11:23:44 AM CDT, Jon Miller <jmiller@cityofmustang.org> wrote: Counselors, I would appreciate any recent cell tower leases obtained by municipalities in Oklahoma, including rates for leases.  A carrier is proposing a lease amount that seems extremely low.  The last lease I negotiated was nearly 20 years ago and I am certain lease terms have changed. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org