I don’t even think it has a default clause but again, I won’t know until I get there. More than likely the owner of the tower isn’t going to do anything, they would get sued into bankruptcy but we will follow up with the legal process to ensure it. Thank you for the feedback.
Rory From: Af [mailto:af-boun...@afmug.com] On Behalf Of Lewis Bergman Sent: Thursday, July 9, 2015 6:20 AM To: af@afmug.com Subject: Re: [AFMUG] Tower abandonment It might not have an abandonment clause, but it likely does have a default clause. My standard one is below. If the land owner wants it fully legal he should pay a lawyer to exercise in writing the default clause and notify the party that he is taking the property. Hopefully that is covered by the default terms. You likely would have to file a suit if they don't respond seeking a summary judgement awarding them the tower. Obviously I am not a lawyer so I could be way off. I will say that last year I purchased an easement on a property that had a 300 foot tower on it. The tower had been abandoned by a broadcaster more than a decade earlier. Title to the land was split by more than 40 relatives. I signed it with the one relative that owned 50% and decided for the $2000 I paid for the easement and the other $3000 it would cost me to get it ready to use, that it was worth the risk of someone coming back and saying they owned it in 5 years. Since I am paying the taxes on it as well (filed my rendition) in another couple of years I could try to make a case for squatter's rights although they strictly don't apply in this case. All of that to say, If you weigh the risk and reward, it should be clearly in your favor then it is worth it. C) Upon the occurrence of an Event of Default, Licensor shall have and may pursue all rights and remedies permitted by applicable law, including but not limited to the following: 1. Upon the expiration of the notice period under Section 13 a or b, Licensor may declare to be immediately due and payable, without regard to any early termination of such Term on account of an Event of Default or other right to terminate this Agreement, a sum equal to (i) all License Fees and other charges, payments, costs and expenses due from Licensee to Licensor and in arrears at the time of the Event of Default. plus (ii) the License Fees reserved for the then entire unexpired balance of the Term of this Agreement (taken without regard to any early termination of the Term). plus all other charges, payments, costs and ex penses herein agreed to be paid by Licensee up to the end of such Term which shall be capable of precise determination at the time of the Event of Default. less any amounts received or that with reasonable effort could be received by Licensor's reasonable efforts to mitigate damages; or 2. whether or not Licensor has elected to recover sum set forth in (i) above, terminate this Agreement on the five (5) days' notice under Section 13 a orb to Licensee and, on the date specified in such notice, this Agreement and the Term hereby demised and all rights of Licensee hereunder shall expire and terminate and Licensee shall thereupon quit and surrender possession of the Demised Premises to Licensor in the condition elsewhere herein required and Licensee shall remain liable to Licensor as herein provided; or On Wed, Jul 8, 2015 at 11:22 PM, Rory Conaway <r...@triadwireless.net<mailto:r...@triadwireless.net>> wrote: We found a tower that is on a private residence. The company that put it up stopped paying rent 18 months ago to the homeowner and 30 days ago, they abandoned the entire area. There is nothing in the contract about abandonment. Legally, can the property owner rent out the tower to another company under some type of abandonment clause? Rory Conaway • Triad Wireless • CEO 4226 S. 37th Street • Phoenix • AZ 85040 602-426-0542<tel:602-426-0542> r...@triadwireless.net<mailto:r...@triadwireless.net> www.triadwireless.net<http://www.triadwireless.net/> “Nothing can bring you peace but yourself. Nothing can bring you peace but the triumph of principles.” – Ralph Waldo Emerson -- Lewis Bergman 325-439-0533 Cell
