See inline for some things to question RickG wrote: > I dont have any issues with them protecting themselves, my issue is > making sure I have protection. Maybe I'm making more out it than I > shoudl? Here is the whole agreement: > > EASEMENT AGREEMENT > 1. PARTIES: > , hereinafter referred to as > “Grantor”. > CITY OF ANYTOWN, hereinafter referred to as “Grantee”. > 2. AFFECTED PROPERTY: > Grantor is currently the owner of the following described real property > located in the City of Anytown, Kentucky: > Anytown Water Tower and its Premises > LEGAL DESCRIPTION – TBD > Hereinafter referred to as “the Property”. > 3. GRANT OF EASEMENT: > For a period of five (5) years from the date of implementation, the Grantor > does hereby grant unto the Grantee, a Utility Easement for the Anytown > Water Tower and its premises (the Property) for the limited purposes directly > associated with providing high-speed, wireless internet service to the > surrounding area. > 4. TYPE OF EASEMENT: > The easement described above shall provide the Grantee reasonable Define reasonable. To me it means 24x7x366. To the city it may mean 8-5 Monday - Friday. Spell it out. > access > to the Anytown Water Tower and its premises (the Property) in order to > install and maintain antennae, associated transceiver devices, required > electrical power, and required electrical grounding. > This limits your gear. Get some weasel words in there, like "and other associated devices." > All aspects of this easement are secondary to the primary purposes of the > Property as a public water supply. All fixtures, devices, and activities are > subject to the approval of the Water Department of the City of Anytown > When? How long to have to wait? Add something like "within 3 business days of the request." Do not allow them to use weasel words like "within a reasonable time." > and any existing or future requirements of the Kentucky Department of > Water and/or superseding authorities. > The City of Anytown does not provide for continuous business operations; > consequently, reasonable access to the Property is generally limited to > normal business hours and subject to the availably of municipal personnel > and resources. > Why. This needs to grant you access when you need it and a key or combination to padlock, etc. How are you going to get cusotmers back online at 11:30 Saturday night? > 5. CONSIDERATION: > The City of Anytown recognizes the manifest public need for high-speed > internet access and the current technological limitations that result in the > requirements that only wireless technologies can address. Subsequently, > the City of Anytown does not require any payments in consideration of > this easement. > However, the City of Anytown shall provide for the costs of electrical > power to operate the Grantee's hardware once installed on the Property, not > to exceed a load of twenty amperes (20 Amps) at one hundred twenty volts > (120V). In consideration of these electrical costs, the Grantee shall provide > its standard, non-profit service package and maintenance to the Office of > the Anytown City Clerk at 123 Main Street, Anytown, KY. The City of > Anytown may extend the network as needed for the purposes of > government. > Get rid of this one. If they add 100 devices and all stream video, who pays for the bandwidth? > 6. MAINTENANCE: > The Grantor shall maintain the Property in a manner consistent with its > primary purpose as a public water supply. The Grantee shall inform the > Grantor of any observed maintenance issues which might arise. > 7. INDEMNIFICATION: > The Grantee does hereby agree to defend, hold harmless, and indemnify > Grantor, its successors and assigns, from any claim of liability or any other > claim involving the access, utilities, or arising out of the Grantee's > use of the > easement described above, unless caused by Grantor's negligent or willful > conduct or Grantor's failure to fulfill its maintenance obligations as set > forth > in Paragraph 6 above. As a government. the Grantor reserves all rights > afford under its Sovereign Immunity. > 8. REMEDIES: > In addition to all other remedies allowed by law, the parties, their > successors and assigns, shall have the right to seek injunctive relief for the > enforcement of the terms and conditions of this agreement. > 9. BINDING EFFECT ON SUCCESSOR INTERESTS: > The terms, conditions and provisions of this agreement shall extend to, be > binding upon and inure to the benefit of the heirs, personal representatives > and assigns of the parties. > 10. ATTORNEY FEE: > In case suit or action is instituted in connection with this agreement, the > prevailing party shall be entitled to recover from the losing party such sums > as the court may adjudge reasonable as attorney fees and costs in such suit > or action, or upon appeal. > DATED this day of , 20 . > GRANTOR: GRANTEE: > By: By: > MAYOR > CITY OF ANYTOWN > STATE OF KENTUCKY > > On Tue, Mar 2, 2010 at 7:05 PM, Cliff <w...@eccentrixtechnologies.com> wrote: > >> My understanding is, even without that clause written, being a government >> they have that clause. >> >> -----Original Message----- >> From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On >> Behalf Of RickG >> Sent: Tuesday, March 02, 2010 6:04 PM >> To: WISPA General List >> Subject: [WISPA] tower contracts >> >> One of our favorite topics :) >> >> So, I've had fairly good luck with the tower agreements that I've >> posted until lately. It seems people are getting real particular these >> days, which is fine. After two years of discusions, I've finally made >> some progress of getting on a nearby towns water tank. My issue is >> that they have scrapped my contract and come up with an "easement >> contract" of their own. Its not too bad but I'm concerned about the >> "indemification section". Basically, it reads as follows: >> >> INDEMNIFICATION: >> The Grantee does hereby agree to defend, hold harmless, and indemnify >> Grantor, its successors and assigns, from any claim of liability or any >> other >> claim involving the access, utilities, or arising out of the Grantee's >> use of the >> easement described above, unless caused by Grantor's negligent or willful >> conduct or Grantor's failure to fulfill its maintenance obligations as set >> forth >> in Paragraph 6 above. As a government. the Grantor reserves all rights >> afford under its Sovereign Immunity. >> >> Basically, it protects them but not me. LOL, normally my contract does >> the reverse! Thoughts? >> -RickG >> >> >> ---------------------------------------------------------------------------- >> ---- >> WISPA Wants You! Join today! >> http://signup.wispa.org/ >> ---------------------------------------------------------------------------- >> ---- >> >> WISPA Wireless List: wireless@wispa.org >> >> Subscribe/Unsubscribe: >> http://lists.wispa.org/mailman/listinfo/wireless >> >> Archives: http://lists.wispa.org/pipermail/wireless/ >> >> >> >> -------------------------------------------------------------------------------- >> WISPA Wants You! 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