Gene:
Here's some language that will get you started. It makes the developer (as
Architectural Committee) grant you permission for the tower. The language
needs to amended depending on the local situation, but subparagraph c will
give you an idea on how to bind the developer. As for the county,
their ordinance is probably not in compliance with 47 CFR 97.13e, and not a
real
problem. BUT, you must make sure that the permission granted you by the
developer is legally sufficient in order to get around the problem of other
property
owners filing suit against you under the covenants.
Get a good lawyer, familiar with Colorado real estate law, before you go any
farther.
73, Jim OConnell, W9WU ARRL VC
Subj: Real Estate Purchase Antenna Addendum - New Construction
To: <towertalk@contesting.com>
Date: 96-05-22 13:19:01 EDT
From: Jim W9WU
To: ham-law@altlaw.com
CC: Jim W9WU
This version is useful when you're dealing with the Builder/Developer of a new
subdivision. Often, the Builder controls the Homeowner's Association or
Architectural Committee until all or most of the lots are sold. Getting the
necessary approvals as a condition of your offer to purchase is key to your
success.
Comments or suggestions are welcome. Mind the caution at the end!!
(New Construction/Builder?s Subdivision)
A. Buyer has informed Seller that that Buyer is a licensed amateur radio
operator, and Seller warrants that no covenants, conditions, restrictions of
record, architectural committee or homeowner association rules or regulations
presently exist or will be recorded prior to closing which would or which may
be construed to restrict or prohibit Buyer, from and after closing and
delivery of the premises, from installing and maintaining amateur radio
antennae and associated supporting structure not less than ________ feet in
height on the property. Seller further agrees that no such covenants,
conditions or restrictions of record affecting the subject property will by
imposed by Seller or his transferees or assigns in any plat of subdivision or
Planned Unit Development agreement recorded prior to closing. Seller agress
to provide Buyer, within fourteen (14) days of the signing of this agreement,
and again ten (10) days prior to closing, with a copy of the recorded plat of
subdivision and all other documents showing all covenants, conditions or
restrictions of record, homeowner association rules or regulations running
with the land or affecting the property. Should such covenants, conditions,
restrictions of record, homeowner association rules or regulations exist on
either date such that Buyer?s installation of the aforementioned antennae and
support structure may be inhibited or precluded, then at purchaser?s option
this contract may be deemed null and void, all obligations of both parties
cancelled and all deposits refunded promptly.
B. Seller further agrees that, that to the extent Seller is the owner
of
property located within 300 feet of the subject property, Seller will provide
Buyer with a statement that Seller, as owner of adjacent properties, has no
objection to the granting of a building permit for an amateur radio antenna
support structure by the local municipality or appropriate governmental body.
[This language is for related to any variance you might need from city-adjust
the distance to match the Zoning Ordinance requirements for notice}
C. Seller also agrees, to the extent that Seller controls any
Architectural
Committee, Homeowner?s Association or similar committee from which permission
is required for installation of Buyer?s amateur radio antennae and support
structure, that Seller will grant or cause to be promptly granted such
permission upon application by Buyer. {Make the tower part of your building
plans review. You don't want to wait until the developer has sold most of the
lots}
D. The promises and covenants by the Seller contained in Paragraphs A
through C hereof shall survive the closing of this transaction,
notwithstanding the delivery of the deed by Seller.
___________________________ _____________________________
___________________________ _____________________________
Buyers Seller
Dated: _______________, 199___
CAUTION: This document was prepared in consideration of the laws of the State
of Illinois. Real estate law varies among the states, and you should consult
an attorney prior to entering into any real estate transaction. If you screw
it up you?ll have only yourself to blame. James C. O?Connell, W9WU,
Attorney at Law
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