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Lease ProblemsKreines & Kreines, Inc. believes that problems with leases happen everywhere. Many local governments are wondering why there aren’t solutions to these problems. The answer is simple: local governments have more important issues on their plates. Towers are minor irritants. A few neighbors are upset and that is the extent of it. The problem will be gone soon and the city can forget about it. Or, so some people say. These same people may say that a good way to get rid of the problem is to lease space to wireless industry tenants on local government land. That way the local government gets the revenue. Problem solved, right? Let’s assume a hypothetical city. One day, the Finance Director of this city decides to investigate the wireless revenue he or she is enjoying, or should be enjoying, and says, “Are we getting rent from the second carrier on the tower next to the fire house? Who approved that second carrier, anyway?” “I don’t know,” says the Fire Chief. “I thought the tower people got a building permit.” “They didn’t get a permit here,” says the Building Official. “I told them to see the Zoning Officer first.” After everyone points the finger at someone else, the ultimate question is asked. “Well, who holds the lease? Someone should have a copy of it.” It’s a real question of who is in charge. The Mayor wants to know whether the local government is collecting the amount of rent that is due. The City Attorney says, “I’ll have to see the lease to see if the tenant is in default of the lease if the subtenant isn’t paying rent. Does anyone have a copy of the lease?” “I got a notice that says that the carrier assigned the lease to ABC Tower Company,“ says the City Clerk. “But I checked on the Internet and ABC Tower company was bought by XYZ Tower Company, and we haven’t heard from XYZ.” So, who owns the tower? “Well, who’s paying the rent?” asks the Finance Director. “And if they are not sending the check to me, where does it go?” |
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