All very good information guys, this thread has gotten quite interesting. Kurt Fankhauser WAVELINC P.O. Box 126 Bucyrus, OH 44820 419-562-6405 www.wavelinc.com -----Original Message----- From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf Of Blake Bowers Sent: Wednesday, March 03, 2010 2:08 AM To: WISPA General List Subject: Re: [WISPA] tower contracts
I made the comment to an attorney the other day, that I don't drive in the same block as the courthouse any more without an attorney. Contracts are an agreement - they are not ironclad. You can discuss putting all sorts of stuff in a contract, but just because it is in the contract does not make it binding. If you put something in the contract that is contrary to state, federal, local or even case law, than it is just not valid. If the city already has imunity from liability, then nothing you put in there will change that. My "contracts" with WISP's are gentlemans agreements. My "contracts" with cell carriers are puffery. Well written by expensive attornies, but puffery none the less. If I read all this right, the OP has a deal where for no cost he can get on a city water tower, sites that he has been working on for two years. Is the contract perfect? Is any contract perfect? Is it a good deal for the WISP? Yeah, I would specify a limit on the free service. The other stuff, I would probably just sign and run with. The matter of what is included? Get them using your service and they will let you do whatever you need to do - within reason of course. It is not costing you any monthly money! That is considered a hell of a deal in a lot of places! I guess the litmus test would be, does your attorney play golf with the city attorney? Do you play golf with the city attorney? Really. If you have a relationship, or your attorney does, then making changes is easy. If no relationship, minor changes are viewed as more of a pain in the butt. There is a popular saying, that a man who is his own lawyer has a fool for his client. Surely you have have an attorney. It is well worth the money for his review. Bob's comment about a seperate corp for each tower site? Not a bad idea - often you will find a company has a few sites under each corp. For this to be really effective though you must not allow the corporate veil to be pierced, so you have to have seperate financials for each corp, annual meetings, corp book, etc. (we hold all of ours one after another on new years day) And corporations take different forms, which one is right for you? S chapter? LLC, etc? Don't take your organs to heaven, heaven knows we need them down here! Be an organ donor, sign your donor card today. ----- Original Message ----- From: "Bob Moldashel" <lakel...@gbcx.net> To: "WISPA General List" <wireless@wispa.org> Sent: Tuesday, March 02, 2010 8:04 PM Subject: Re: [WISPA] tower contracts >I am sure Blake will agree with me. No two contracts are the same > especially in the tower business and especially when dealing with > municipalities. > > If you don't like a clause submit a change request. Their will either > entertain it or say no. The other thing that might happen is they just > stop talking to you. > > I don't know what you are paying them, if anything, but I would run with > this. Its not out of the norm but it would be nice to have the > reciprocity in case they do something that makes you liable. If you are > that worried, open another corporation and sign the lease under that > one. Lease "network services" to you existing company and if something > ever happens you have the buffer. > > Slimy but its done every day. > > -B- > > > > RickG wrote: >> 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! 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