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Fredonia board approves letter agreement for Verizon tower easement, contingent on year‑end closing
Summary
The board approved a letter agreement to transfer a Verizon antenna easement on the village water tower for $700,000 (Verizon) plus prior $300,000 T‑Mobile buyout; approval is conditioned on closing by year‑end and includes structural, relocation and indemnification protections.
Administrator Mike de Lancashire and village counsel updated trustees on ongoing negotiations to transfer wireless leases on the village water tower.
"We were approached to, purchase out or buy out the leases that currently are on our water tower. The total of that deal that we ended up negotiating was 1000000 dollars, 300,000 of which was T Mobile and 700,000 of which was Verizon," Administrator Mike de Lancashire said, summarizing the financial terms the board had been negotiating.
Counsel outlined the proposed letter agreement terms: a 99‑year easement for the Verizon antenna (to be taken by VIP Holdings/EIP on Verizon’s behalf), a negotiated $7,500 contribution toward attorney and structural costs (the board previously negotiated $50,000 with TowerPoint), a one‑time relocation payment of up to $15,000 if tower work necessitates temporary relocation, and structural‑analysis and maintenance requirements for any future tenant attachments. Counsel also noted a cross‑indemnification clause and recommended including a reasonable closing deadline in the approval.
Trustees discussed environmental liability, structural protections and whether the village would be constrained from siting competing structures in a nearby radius. Counsel said the agreement includes indemnities and language to limit competing actions near the tower.
The board moved and seconded to approve the letter agreement with Verizon, conditioned on closing by the end of the year; the motion passed on a roll‑call vote. Clerk Johnson recorded that Trustee Dorward and a trustee recorded in the transcript as “Caring” voted no, Trustee Van Roe abstained, and the remaining trustees voted yes. The approval directs staff and counsel to finalize agreement language and to include the year‑end closing condition; counsel recommended a written closing deadline be added to the letter agreement and staff will prepare closing documents.
