Rural Water - Quarter 3, 2008 - (Page 23)

contract is governed by Kansas law; and termination of the lease, the lease should • Design Guidelines. Although beauty whether a party has an opportunity to address whether any of the future rent is may be in the eye of the beholder, most cure a breach of the lease. The lease should due as a penalty for early termination. people would not consider a cell tower contain indemnification and insurance The lease may also assess a penalty if the — a 150-foot steel pole stretching into provisions. Finally, the lease should reprovider abandons the site and fails to the blue sky — to be a thing of beauty. quire the tenant to prove and maintain remove the equipment, leaving you with Indeed, opposition to the installation of compliance with all laws — including responsibility for the expensive and wireless equipment usually focuses on onerous FAA and FCC regulations. intricate wireless equipment. the equipment’s disruption of the visual landscape. Because of community out- • Other issues. The lease may also contain a wide variety of standard contract This article is a general overview and does cry, many tenants prefer locating on top terms, such as the following: who pays not constitute legal advice. Please contact an of tall, existing structures, where steel real estate taxes and utility fees; wheth- attorney to assist you. Reprinted with perpoles are less noticeable. However, in er you must provide prior approval for mission from The Kansas Lifeline, March the case of either a freestanding tower or assignment or subletting; whether the 2008 issue. rooftop antennae, you should consider whether aesthetic design requirements are appropriate. Often referred to as “stealth design,” aesthetic requirements attempt to help blend wireless equipment into the surrounding environment. Freestanding towers may be disguised as trees or flagpoles. Rooftop equipment may be set back from the Your NRWA membership and the special VIP Fleet Purchasing Program means edge of the structure, limited in height, you get preferred pricing. or painted a certain color to blend with Call fleet sales today the structure. 1-800-375-4471 Ext. 173 • Alteration, damage or destruction. or visit www.nrwafleet.com Wireless equipment is usually designed and constructed to endure severe weather conditions; however, in Kansas, high winds, tornadoes, electrical storms and ice storms may damage or destroy the tenant’s equipment. Therefore, the lease should specify if and when the tenant is required to repair or rebuild, and if Nationwide delivery at no additional cost • NRWAfleet.com a particular level of destruction terminates the lease agreement automatically or upon agreement of the parties. Also, 380136_John.indd 1 6/4/08 8:33:18 PM if the site is abandoned due to damage or destruction, the lease should specify PITTSBURG TANK & TOWER who will be responsible for the expense MAINTENANCE COMPANY, INC. SINCE 1919 and task of removing any remaining equipment from the premises. PO Box 1849 Phone: 270-869-9400 Ext. 304 Fax: 270-869-9411 • Abandonment. Technology evolves and Henderson, KY 42419-1849 E-mail: sales@pittsburgmaintenance.com changes at a fast pace, so be prepared for equipment obsolescence. Consider One of the Nation’s Leading Providers of Robotic Tank Inspections whether your tenant is required to upGround Storage Tanks & Elevated Water Tanks date its equipment, or what occurs if the tenant abandons (meaning that the wire• Demolition • Raised/Lowered/Modified less equipment remains on the premises • Structural Repairs • Dismantled/Moved/Re-erected but remains unused). In the event of • Painting • Emergency Response abandonment, the lease may permit you • Wet or Dry Tank • Antenna Mounting to assume title of the wireless equipment Inspections and Cleanout • Code Updates for your use or to rent to others. Also, the lease may specify if the tenant is required • Structural Analysis for Wireless Communication Systems to remove the equipment, or if you may • Extended Warranties Available remove it if the tenant fails to do so. If Additional information may be found on the Internet at: www.watertank.com the equipment is abandoned before the XXX Xxx 1/4h B&W XXX Xxx 1/4h B&W 385512_PittsburgTank.indd 1 Third Quarter 2008 • 4:43:18 PM 6/4/08 23 http://www.vanceautogroup.com http://www.nrwafleet.com http://www.watertank.com

Table of Contents Feed for the Digital Edition of Rural Water - Quarter 3, 2008

Rural Water - Quarter 3, 2008 Contents From the President From Hypo to Gas - A Forward Leap If You Lose All Your Data Today... Would You Still Be in Business Tomorrow? Weaving the Wireless Web Rural Water and the Farm Bill Ensuring Your Water System's Security Guarding Against Becoming a Victim of Fraud 10 Ways to Improve Utility Efficiency New Technology Making a Difference By Being Involved Regulatory Update Source Water Protection Corner Throwing My Loop Cub Scouts Visit Alliance of Indiana Rural Water's Spring Conference Advertisers.com Index to Advertisers From the CEO

Rural Water - Quarter 3, 2008

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