Fast Track, Quality Controlled Site Development Services 
Building Wireless Antenna Sites
"A Service of Communications Real Estate, Inc."

Site Acquisition

Site Selection Services included evaluation of the search area through zoning & land ownership research, site search, site identification, submission of coordinates for feasible sites for RF review and coverage plotting, compilation of a Search Information Candidates Information Package, the review and approval of candidates by RF Engineering, and scheduling of Site Feasibility Visits.

Site Acquisition Services take the theoretically feasible site through due diligence, and contract negotiations processes, resulting in an acquired property, and purchase orders for the due diligence tasks of: Title Report, a site survey, the completion of the NEPA Checklist, a Phase I Report, a geotechnical evaluation, the receipt of a letter to proceed from the State Historical Preservation Officer, & FAA Approval. Due Diligence tasks need to be completed and documentation submitted (along with some of the Site Selection documents, and, further, documentation regarding a review of the negotiations by the legal counsel) before the Client executes the acquisition agreement.

Site Feasibility Visits
A Site Feasibility Visit was specified in Site Selection Services. But since Site Selection concludes with approval(s) of a Search Area Candidates Information Package (based upon a satisfactory RF coverage and the required documentation), the Site Feasibility Visit might not actually take place until after the RF Engineer has already blessed or rejected candidates, solely based upon rf coverage predictions. This saves the trouble of coordinating the Feasibility Visit for sites that don’t demonstrate an adequate RF Coverage Plot. As many search areas are, also, positioned along corridors, until or unless all of the candidate sites from one search ring to other line up satisfactorily with each other for the entire corridor it could be a waste of time to perform the feasibility visit.

After identifying bona fide candidates (ie. RF approved & construct-able sites with landowners willing to make a Client acceptable deal), Communications Real Estate, Inc./ Telecom Bird Dogs LLC coordinates among the Site Acquisition Manager and the Construction Manager to schedule Site Candidate Feasibility Visits at the RF approved candidate sites. Client personnel and or representatives attending the Feasibility Visit includes, but are not limited to the RF engineer, the Construction Engineer, and the Site Acquisition Manager. Other participants possibly joining the meetings include, but are not limited to, A&E contract consultants and/or technical operations vendors. 

Site Lease Package
The items generally comprising the Site Lease Package include:

1. Search Area Candidates Information Package 

2. The Approved RF Candidate documentation

3. Lease Analysis/ Substantial Differences Letter 

4. A Redline copy of the changes made from the standard Lease

5. Zoning Summary Letter for the site

6. Title Report from the Title Company

7. Phase I Report 

8.  Follow-up to Phase I or Phase II, if necessary 

9. Existing Tower Structures within 2 mile radius (Site acquisition agent statement)

10. RF Coverage expectation

11. Four (4) Original Leases executed by the Landowner or Seller

12. Complete and labeled exhibits for all four (4) Agreements

13. Non-Disturbance Agreement for Leased sites with mortgages, or master leases

14. Memorandum of Lease executed by the Landowner

15. Corporate Resolution on all agreements with corporations

16. Completed check request form for any option or consideration due upon full execution

Title Report
Communications Real Estate, Inc./ Telecom Bird Dogs LLC will order a Condition of Title Report for the primary site. The Title Company is required to provide the condition of title, schedule B documents, and vesting deed. 

Communications Real Estate, Inc./ Telecom Bird Dogs LLC will review the condition of title report, noting if there are any mortgages or liens or outstanding taxes. A Non-Disturbance Agreement is required whenever there is a mortgage on the property. The purpose of the document is to obtain the lender’s agreement that, in the event the landlord defaults on the mortgage, the lender will not “disturb” the Client’s right to occupy the property and continue operating. Communications Real Estate, Inc./ Telecom Bird Dogs LLC determines if taxes are more than one year in arrears, and checks to see if the site is subject to a Property Owners’ Association (POA) or Architectural Review Committee (ARC) – if so, it may be necessary to obtain approval from the Association or Committee to place the facility at the site. Communications Real Estate, Inc./ Telecom Bird Dogs LLC will be responsible for obtaining this approval. Communications Real Estate, Inc. /Telecom Bird Dogs LLC will forward a copy of the title report to legal counsel and to the civil engineer working on the project.

Site Design Walk 
Once a primary site has been selected, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will schedule a site design walk to lay out the location of the site on the property. Communications Real Estate, Inc. / Telecom Bird Dogs LLC will coordinate the design walk with the construction manager, the civil engineer, the environmental services company, and any other parties, as necessary. The owner will be invited to attend the design walk, if available. Communications Real Estate, Inc./ Telecom Bird Dogs LLC will let the landlord know when the design walk is scheduled and make sure they understand we will be conducting a soils analysis. The environmental company will conduct the geo-technical analysis which is done by boring a hole in the ground and taking samples of the soil. The hole will be back-filled upon completion. 

Drive Test
The client’s RF engineer may require a drive test be conducted to determine the effectiveness of a proposed site. Communications Real Estate, Inc./ Telecom Bird Dogs LLC will notify the property owner and obtain their permission for the test to be conducted, as requested.

Site Plans
Communications Real Estate, Inc./ Telecom Bird Dogs LLC coordinates site plans with the Civil Engineer and is responsible to verify local zoning code requirements (setbacks, height limitations, landscaping, etc). If the site involves a tenant improvement, it may be necessary to obtain “as-built” drawings for the site. These drawings can usually be obtained from the property owner or the local building safety department. Once a preliminary site plan is completed, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will review and make sure it conforms to zoning requirements. If the site plan is acceptable (or if only minor changes are required – ones that do not affect the height of the monopole/tower or location of the shelter); copies of the plan will be forwarded along with a cover letter to the property owner for their sign-off. Communications Real Estate, Inc./ Telecom Bird Dogs LLC will have the property owner sign and return one copy to the Client for it’s records. We will mark one of the copies with a box that reads: “Location Approved” and “Date” so the owner knows where to sign and date. We will provide a self-addressed, stamped envelope for their convenience in returning the site plan to you. The second copy is for the owner to keep. Occasionally, a property owner may make some changes to the site plan. If that happens, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will coordinate the changes and repeat the above process until we obtain a signed, approved site plan from the property owner.

If major changes are required on the preliminary site plan, we don’t send it to the property owner for review until such changes are made. We are sure you have an accurate site plan before filing for zoning or any other type of formal review.

Zoning or other formal review processes may require additional changes to the site plan, so that in some cases there will be two stages of site plans: preliminary and final. The preliminary site plan reflects the correct location of the building and monopole/tower and height of the monopole/tower. The final site plan will reflect zoning stipulations, site plan approval stipulations, etc. As such revisions are required, Communications Real Estate, Inc./ Telecom Bird Dogs LLC coordinates these revisions. Once a final site plan is available, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will obtain a set of legal descriptions on the Civil Engineer’s letterhead. Communications Real Estate, Inc./ Telecom Bird Dogs LLC will use one copy of the legal descriptions in preparing the attachments to the lease agreement. If the landlord would like a full-size copy of the site plan, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will order one and forward it to them. The Landlord will receive copies of the reduced versions as attachments to the lease agreement.

Purchase vs. Lease Issues
Clients vary with respect to preference of a site lease vs. property purchase. If subdivision requirements prohibit sale of the property, we can achieve the same effect by entering into a perpetual easement. 

Immediately after the primary candidate is selected (if not on original contact), Communications Real Estate, Inc./ Telecom Bird Dogs LLC will get a copy of the appropriate agreement to the owner with a cover letter requesting they review the document and provide comments, if any. There may be issues that the owner wants to address that we have dealt with on other sites – Communications Real Estate, Inc./ Telecom Bird Dogs LLC may prompt the client for standard “drop-in” language for a variety of issues, including: 

Environmental issues
Increase in real estate taxes
Interference
Mechanic’s liens
Mutual waiver of subrogation/insurance
Plan approval
Relocation
Rent late charge
Rental tax
Sale of property by landlord
Sublease
Termination fees

Communications Real Estate, Inc./ Telecom Bird Dogs LLC will provide alternate language to the landlord for review, as appropriate. It may be necessary for Communications Real Estate, Inc./ Telecom Bird Dogs LLC to conduct a conference call with legal counsel on some issues. It may also be necessary to schedule a conference call or meeting with legal counsel for the Client and the landlord to work through issues. Communications Real Estate, Inc./ Telecom Bird Dogs LLC coordinates all changes with legal counsel. Upon completion of a final agreement by legal counsel, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will provide the landlord with original lease agreements, and Memorandum of Agreement for their signature and acknowledgement. Once the owner has signed all of the documents, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will return them to the client. A substantial differences letter may be desired by the client and Communications Real Estate, Inc./ Telecom Bird Dogs LLC will prepare. This letter addresses the differences between the standard lease agreement and the actual agreement signed by the landlord.


Occasionally, it is necessary to enter into an “Option Agreement” with a landlord. This is usually due to a long lead-time required to obtain zoning approval. Many landlords do not like to grant Lease Agreements with an uncertain commencement date. Most lease agreements establish the commencement date as the date on which all permits are obtained or the start of construction. If this is not satisfactory to a landlord, we might have to offer to give them an option payment, generally equal to one months’ rent, for a 6-month option period. During the Option Period, Communications Real Estate, Inc./ Telecom Bird Dogs LLC will work to obtain all necessary approvals. If an Option is used, a check for the Option period is needed. If all approvals are not secured within the option period, there is generally a provision to extend the option period for an additional 6 months, upon payment of another option fee. Communications Real Estate, Inc. / Telecom Bird Dogs LLC monitors the option period to ensure that it doesn’t expire before we obtain all approvals and the client can exercise the Option Extension, if necessary.

In summary, the process for lease negotiations is as follows:

Provide landlord with standard lease agreement.

Receive comments back from landlord and review

Mark “ok” (in red) by changes Client will accept

Coordinate other changes (Manager will mark other changes as “ok” as appropriate)

If required, contact legal counsel and go over outstanding issues. A further meeting or conference call w/landlord and/or landlord’s legal counsel may be required

Provide changes to legal counsel for incorporation into revised document

Final document is produced and forwarded to landlord for signature w/cover letter regarding changes or accompanied by a redline of original document so they can view changes easily
Documents are executed by landlord and returned 

Forward documents to legal counsel re: “substantial differences letter” 

Receive final documents and legal counsel comments

Prepare final reports for lease package and submit along with final documents and substantial differences letter to Client

One fully executed lease is returned to landlord

The Site Acquisition Services Delivery Package includes the following:

• Proposal letter(s) to property owner

• Search Area Candidates Information Package 

• Title report and underlying documents attachments

• Property owner signed documents and exhibits to Client for signature

• Documents detailing business terms and substantial differences of the agreement

• Lease Summary Form to accompany lease/option to Client for authorized signature

• Fully executed lease to property owner