Legal Leasing Requirements for Wireless Tower Construction & Co-Location
The Office of Law requires that you provide the necessary documentation for new cell tower leases as well as modifications and additions to existing equipment and frequencies to County property.
Disclaimer: The leasing process is subject to change and that information provided here shall not be considered binding upon Baltimore County nor does it constitute an agreement of any kind with Baltimore County.
- The physical address of the site including zip code. For new leases, please note that inquiries as to title are the responsibility of the proposed Lessee.
- A stamped structural analysis from a certified Maryland Physical Engineer regarding any changes your request may make upon the structure. Provide this with your completed submission.
- Requests must be submitted in the full legal name of the wireless communications company for whom the request applies.
- A written list of the equipment specifications must be attached to any request for modifications or additions to any existing lease with the county. This also applies to initial requests for new leases with the county.
- A written list and photograph of existing equipment on site must be provided with all requests for modifications and additions to existing leases.
- If you have a current lease agreement, proof that your lease agreement is up to date and is not currently in default must be provided with the request. No requests for lease modifications or additions will be entertained if you are currently in default. Inquiries as to lease status should be directed to email@example.com. Provide the ending lease date and or explanation of default. Lessee’s in default shall have 30 days to cure such default.
- All requests for modifications, renewals, addendums or additions must have a current lease agreement or a copy of the executed existing lease with Baltimore County.
- If you have a current lease agreement with the County, a copy of the executed memorandum of lease must be provided if the lease is for or has extended for a term of over seven years with the request. If a memorandum of lease has not been executed with the County, a memorandum of lease must be executed and state taxes and County recordation taxes may be due and will be required to be paid prior to approval of any additions or changes.
- A current copy of your entity’s organizational papers must be initially submitted with the proposal for review by the Baltimore County Office of Law. If you have previously provided these documents then submit an explanation with a reference to the lease to which the documents were attached. If the requesting entity has changed names or merged since the signing of the original lease, up to date articles of incorporation, bylaws and or articles of merger will be required with your request for the Office of Law’s review.
- Provide proof of up-to-date insurance by providing a copy of the insurance certificate with the amounts and ending date of insurance coverage with the submission. For rate requests, insurance may not be required until an agreement has been agreed upon between the County and the Lessee.
- Indicate the name of any contractor who will be performing any modifications or additions on site. All work performed by contractor’s must be performed in a professional and competent manner and Baltimore County must be indemnified against any loss arising out of their performance per your lease agreement. Note that the County shall not accept contractors debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland who will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction related to the site.
- If you are acting as an agent of or contractor for the Lessee (i.e. Nextel, Sprint, T-Mobile, and Verizon), please provide your name, title and contracting company with the proposal. Be aware that the Baltimore County Office of Law will require documentation of your authority to act on behalf of the Lessee in conjunction with this Lease Agreement. Such documentation must be signed and dated by Lessee’s authorized representative or legal counsel indicating your authority to modify the existing lease agreement(s) and/or other existing lease agreement(s) from this Lessee with Baltimore County agencies or departments. This should be provided to the Baltimore County Office of Law by either PDF with the request for lease modification, addition, renewal or new lease in hard copy with the proposal. The documentation must include an indication on such authorization as to the lease agreement and request to which it pertains.
- Proof that the requesting Lessee is in good standing to do business in the State of Maryland. Foreign or out of state entities must register with the Maryland State Department of Assessments and Taxation to enter into a lease agreement with Baltimore County.