American Tower Right of First Refusal ROFR language

by Joe

I need some guidance. American Tower has recently contacted us to put a cellular tower on our property. We don't have a problem with the rent they are going to pay us once the tower gets built, but we have a very big problem with the idiotic language that they are trying to shove down our throats called "Right of First Refusal".

Now maybe they think I am just a stupid hill-billy but I can read English, and this language seems to me like they are trying to eventually STEAL MY CELL TOWER. Can this be true?

Maybe I am not educated enough like some attorney who wrote this? What if I want to transfer this cell tower lease to my wife or kids or grandkids? Based on this language, I can't.

And the baffoons I have to deal with have called this language their "SACRED COW". I kid you not. They called the Right of first refusal their damn sacred cow.

Please help me to make sense of this!!

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Nov 23, 2013
by: Sean (Tower Genius)

The "SACRED COW" sounds a lot to me like the "GOLDEN CALF" and you have to handle this the same way Moses did by smashing it apart.

Some cellular carriers and cell tower management companies ask for a Right of First Refusal clause but none are so one sided as ATC's standard language. The way their standard ROFR reads if you transferred your property to a relative for $1 ATC would have the ability to match that offer and potentially take your property for that price. You need to eliminate this clause or condition so heavily that you are protected.

They are also trying to drive down the price of the offers you will get from third party cash flow purchase firms because they know that these firms will not put the effort into calculating a serious offer once they see the lease and the fact that American Tower can simply match any offer the firm makes.

Give us a call to discuss as we have been very successful in protecting landlords from this type of nonsense.

Tower Genius

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