HomeMy WebLinkAbout21-1364 Q
City of Zephyrhills PERMIT NUMBER
5335 Eighth Street
Zephyrhills, FL 33542 FIRE-001364-2021
Phone: (813)780-0020
r., Issue Date: 01/28/2021
Fax: (813)780-0021
•
Permit Type: Fire
Property Number Street Address
02 26 21 0080 OOA00 0070 38122 Henry Drive
Owner Information" Permit Information Contractor Information
Name: CITY OF ZEPHYRHILLS Permit Type:Fire Contractor: PWR LLC
Class of Work:Emergency Generator Installa
Address: 5335 8Th St Building Valuation:$15,000.00
ZEPHYRHILLS,FL 33542 Electrical Valuation:$5,000.00
Phone: (813)780-0000 Mechanical Valuation:
Plumbing Valuation:
Total Valuation:$20,000.00 /
Total Fees:$197.50 !l/�
Amount Paid:$197.50
Date Paid:1/28/2021 12:43:33PM
Project Description
INSTALLATION GENERATOR W/PAD&ELECTRIC-AT&T
Application Fees
Generator KW Permit Fee $100.00 Electrical Permit Fee $65.00
Electrical Plan Review Fee $32.50
REINSPECTION FEES: (c)With respect to Reinspection fees will comply with Florida Statute 553.80(2)(c)the
local government shall impose a fee of four times the amount of the fee imposed for the initial inspection or
first reinspection,whichever is greater,for each subsequent reinspection.
Notice: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may be additional permit required from other governmental
entities such as water management, state agencies or federal agencies.
"Warning to owner:Your failure to record a notice of commencement may result in your paying twice for
improvements to your property.If you intend to obtain financing,consult with your lender or an attorney
before recording your notice of commencement."
Complete Plans,Specifications add fee Must Accompany Application.All work shall be performed in
accordance with City Codes and Ordinances. NO OCCUPANCY BEFORE C.O.
NO OCCUPANCY BEFORE C.O.
CONTRACTOR SIGNATURE PE IT OFFICE
PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTION
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
POWER OF ATTORNEY
I Rodney Law,a resident of Lee County,Florida designates Eric Davila presently residing at
-207 Nfisiddh Hills Avg Temple Terrace,FL 33617 as.my attorney in fact on the following terms
an d conditions:All matters regarding registration and perMI(ting of building qnO electrical
for the State of Florida.
The Agent is authorized to act for me'under this Power of AttiDrney in my best interests.
The Agent shall have full power and authority to manageand conduct all my"affairs.
Dated:January 28, 2021
dgneylaw?
Signed in the presence.of
David Siew an
Subscribed and sworn to before me on C �611
Notary,
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tv mMW Am
813-780-0020 City of Zephyrhills Permit Application Fax-813-780-0021
826548/10016 84 Building Department
Date Received Phone Contact for Permitting 813 342-3873
Owner's Name Crown Castle USA as agent for AT&T Owner Phone Number 813-342-3873
Owner's Address 4511 N Himes Ave,Ste 210 Tampa FL 3361 Owner Phone Number
Fee Simple Titleholder Name I City of Zephyrhills Owner Phone Number
1.
Fee Simple Titleholder Address 1 5335 8th St Zephyrhills,FL 33540
JOB ADDRESS 38122 Henry Dr,Zephyrhills,FL 33542 LOT#
SUBDIVISION I PARCELID# 02-26-21-0080-OOA00-0070
(OBTAINED FROM PROPERTY TAX NOTICE)
WORK PROPOSED B NEW CONSTR 8 ADD/ALT Q SIGN = = DEMOLISH
INSTALL REPAIR
PROPOSED USE = SFR = COMM = OTHER
TYPE OF CONSTRUCTION = BLOCK = FRAME = STEEL =
DESCRIPTION OF WORK T&T proposes to install a generator with a'4'x 10'lease area/pad and a new ATS
BUILDING SIZE I I SO FOOTAGE HEIGHT
=BUILDING $ 15,000 VALUATION OF TOTAL CONSTRUCTION
=ELECTRICAL $5,000 AMP SERVICE
i( /= PROGRESS ENERGY = W.R.E.C.
=PLUMBING $
=MECHANICAL $ VALUATION OF�IIME111CHANICAsL INSTALLATION C
=GAS = ROOFING = SPECIALTY = OTHER (/w
FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA =YES NO
BUILDER / CO ANY
PWR LLC
SIGNATURE Y/ J FEE CURREN Y/N
Address 3900 Colonial Blvd Unit 3 Fort Myers FL 33966 # CBC1252
ELECTRICIAN �._ - �y COMPANY li R Co
SIGNATURE ' s- r G `� - R REGISTERED I Y N FEE CURREN Y/N
Address 17011 Alico Commerce Ct,Unit 506. Fort Myers,FL 33967 1 License# EC0000992
PLUMBER COMPANY
SIGNATURE REGISTERED I Y/ N FEE CURREN 1 77 N
Address License#
MECHANICAL COMPANY
SIGNATURE REGISTERED I Y/ N FEE CURREN Y/N
Address License#
OTHER COMPANY
SIGNATURE REGISTERED I Y/ N FEE CURREN Y/N
Address License#
Illlllllllllllllllllllllllllllllllllllltlitlllllllllllllllllllllllt
RESIDENTIAL Attach(2)Plot Plans;(2)sets of Building Plans;(1),set of Energy Forms;R-O-W Permit for new construction,
Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stormwater Plans w/Silt Fence installed,
Sanitary Facilities&1 dumpster,Site Work Permit for subdivisions/large projects
COMMERCIAL Attach(3)complete sets of Building Plans plus a Life Safety Page;(1)set of Energy Fortes.R-O-W Permit for new construction.
Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stornwater Plans w/Silt Fence installed,
Sanitary Facilities&1 dumpster.Site Work Permit for all new projects.All commercial requirements must meet compliance
SIGN PERMIT Attach(2)sets of Engineered Plans.
PROPERTY SURVEY required for all NEW construction.
• �..1 •i.i - -
Directions:
Fill out application completely.
Owner&Contractor sign back of application,notarized
If over$2500,a Notice of Commencement is required. (A/C upgrades over$7500)
Agent(for the contractor)or Power of Attomey(for the owner)would be someone with notarized letter from owner authorizing same
OVER THE COUNTER PERMITTING (Front of Application Only)
Reroofs if shingles Sewers Service Upgrades A/C Fences(Plot/Survey/Footage)
Driveways-Not over Counter if on public roadways..needs ROW
NOTICE OF DEED RESTRICTIONS: The undersigned understands that this permit may be subject to"deed"restrictions"
which may be more restrictive than County regulations. The undersigned assumes responsibility for compliance with any
applicable deed restrictions.
UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES: If the owner has hired a contractor or
contractors to undertake work,they may be required to be licensed in accordance with state and local regulations. If the
contractor is not licensed as required by law, both the owner and contractor may be cited for a misdemeanor violation
under state law. If the owner or intended contractor are uncertain as to what licensing requirements may apply for the
intended work,they are advised to contact the Pasco County Building Inspection Division—Licensing Section at 727-847-
8009. Furthermore, if the owner has hired a contractor or contractors, he is advised to have the contractor(s) sign
portions of the"contractor Block"of this application for which they will be responsible. If you, as the owner sign as the
contractor,that may be an indication that he is not property licensed and is not entitled to permitting privileges in Pasco
County.
TRANSPORTATION IMPACT/UTILITIES IMPACT AND RESOURCE RECOVERY FEES: The undersigned understands
that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings,change of
use in existing buildings,or expansion of existing buildings,as specified in Pasco County Ordinance number 89-07 and
90-07, as amended. The undersigned also understands,that such fees,as may be due,will be identified at the time of
permitting. It is further understood that Transportation Impact Fees and Resource Recovery Fees must be paid prior to
receiving a"certificate of occupancy"or final power release. If the project does not involve a certificate of occupancy or
final power release,the fees must be paid prior to permit issuance. Furthermore, if Pasco County Water/Sewer Impact
fees are due,they must be paid prior to permit issuance in accordance with applicable Pasco County ordinances.
CONSTRUCTION LIEN LAW(Chapter 713,Florida Statutes,as amended): If valuation of worts is$2,500.00 or more,I
certify that 1, the applicant, have been provided with a copy of the "Florida Construction Lien Law—Homeowner's
Protection Guide"prepared by the Florida Department of Agriculture and Consumer Affairs. If the applicant is someone
other than the"owner,I certify that I have obtained a copy of the above described document and promise in good faith to
deliver it to the"owner"prior to commencement.
CONTRACTOR'S/OWNER'S AFFIDAVIT: I certify that all the information in this application is accurate and that all work
Will be done in compliance with all applicable laws regulating construction,zoning and land development. Application is
hereby made to obtain a permit to do work and installation as indicated. I certify that no work or installation has
commenced prior to issuance of a permit and that all work will be performed to meet standards of all laws regulating
construction, County and City codes, zoning regulations, and land development regulations in the jurisdiction. I also
certify that I understand that the regulations of other government agencies may apply to the intended work,and that it is
my responsibility to identify what actions I must take to be in compliance. Such agencies include but are not limited to:
- Department of Environmental Protection-Cypress Bayheads, Wetland Areas and Environmentally Sensitive
Lands,Water/Wastewater Treatment.
- Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas, Altering
Watercourses.
- Army Corps of Engineers-Seawalls,Docks,Navigable Waterways.
- Department of Health & Rehabilitative Services/Environmental Health Unit-Wells, Wastewater Treatment,
Septic Tanks.
- US Environmental Protection Agency-Asbestos abatement.
- Federal Aviation Authority-Runways.
I understand that the following restrictions apply to the use of fill:
- Use of fill is not allowed in Flood Zone W"unless expressly permitted.
- If the fill material is to be used in Flood Zone "A", it is understood that a drainage plan addressing a
"compensating volume"will be submitted at time of permitting which is prepared by a professional engineer
licensed by the State of Florida.
- If the fill material is to be used in Flood Zone "A" in connection with a permitted building using stem wall
construction,I certify that fill will be used only to fill the area within the stem wall.
- If fill material is to be used in any area, I certify that use of such fill will not adversely affect adjacent
properties. If use of fill is found to adversely affect adjacent properties,the owner may be cited for violating
the conditions of the building permit issued under the attached permit application, for lots less than one (1)
acre which are elevated by fill,an engineered drainage plan is required.
If I am the AGENT FOR THE OWNER,I promise in good faith to inform the owner of the permitting conditions set forth in
this affidavit prior to commencing construction. I understand that a separate permit may be required for electrical work,
plumbing, signs, wells, pools, air conditioning, gas, or other installations not specifically included in the application. A
permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter,or
set aside any provisions of the technical codes,nor shall issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans,construction or violations of any codes. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months of permit issuance,or if work authorized by
the permit is suspended or abandoned for a period of six(6)months after the time the work is commenced. An extension
may be requested,in writing,from the Building Official for a period not to exceed ninety(90)days and will demonstrate
justifiable cause for the extension. If work ceases for ninety(90)consecutive days,the job is considered abandoned.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICEjoptOMMENCEMENT.
FLORIDA JURAT(F.S.117.03)
OWNER OR AGENT CONTRACTOR
!O��Sybscribe�d and sworrnr�tp(or all ed)befo me th Ibsc be i� wom ed)before one this
by f�(l Lk O�n ia&A uY i✓ V y �l of N Lr�C ��e
V-ors/are personalty known to me or hasihave produced Who is/are pgrsonalIy o to m or has/have produce`
as dentlfication. <<PNk _as identification.
JEA6� Notary Public Notary Public
Commission No. FFO s p Commission No. / Se
dQ D
Name of Notary typed,printed or stamped Name of Notary typed.orinted or stamDed
AMBER LAW
,goe !%c MICHELLE M.I�ODFtIr3Ur�DIAZ
Y° MY COMMISSION#0GO63738
MY COMMISSION#00047578 % EXPIRES January 18,2021
%a?a d F EXPIRES November 15,2020
2/14/2018 02-26-21-0080-OOA00-0070 I Pasco County Property Appraiser
Data Current as Of: Weekly Archive - Saturday, February 10, 2018
Parcel ID 02-26-21-0080-OOA00-0070 (Card: 001 of 001)
Classification 82 - Forests, Parks, recreational areas
Mailing Address Property Value
CITY OF ZEPHYRHILLS Ag Land $0
5335 8TH ST Land $23,836
ZEPHYRHILLS FL 33542-4312 Building $0
Physical Address Extra Features $3,079
38122 HENRY DRIVE
ZEPHYRHILLS, FL 33542 $26,915
Just Value
Legal Description (First 4 Lines) Assessed (Non-School Amendment 1) $26,915
See Plat for this Subdivision
TYSON SUB PB 4 PG 109 POR Taxable Value $3,663
TR A DESC AS COM NE COR OF S
1/2 OF SW 1/4 TH S88DG 50MIN
15"W 1796.6 FT TH S 19.10 FT
Jurisdiction
City of Zephyrhills
_ Land Detail (Card: 001 of 001)
Line Use Description Zoning �nits hype Price Condition Ualue _
1 0100 'Description
0OR4 0.12 AC $30,020.00 1.00 $3,602
u 2 - 0100 SFR �I 6OR4 0.38 ACT $30,020.00 1.00 $11,408
3 i 0100 �i SFR OOR4 0.42 AC $30,020.00 1 0.70 j $8,826
_ ___ Additional Land Information
Acres 0.92 I Tax Area 30ZH FEMA Code X Residential Code 1ZHN.S2
i
Building Information - Use 00 - Unimproved (Card: 001 of 001)
Unimproved Parcel 00 - Unimproved
Extra Features (Card: 001 of 001)
Line Description Year 'Units Value
1 CLFENCE 1975 6,368 j $2,866
2 PUMPHSE 1975 240 $213
Sales History
Previous Owner: N/A
Month/Year Book/Page Type ODOR Code Condition Amount
08/1975 0806 / 0104 Vacant $0
http://search.pascopa.com/parcel.aspx?sec=02&twn=26&rng=21&sbb=0080&blk=00A00&lot=0070&action=Submit 1/1
OR BK 4.0g9 PG 123
5 of 7
SITE ID: A-2-GO82_G
SITE NAME:City of Zephyrhills
AMENDMENT NO.1 TO SITE AGREEMENT FOR LAND
This Amendment No.1 To Site Agreement For Land ("Amendment") is entered into as of the date last
signed by all parties hereto, and modifies and amends that Site Agreement for Land dated November 24, 1997
and fully-executed on 12/10/97 ("Site Agreement"), by and between the City of Zephyrhills ("Owner"), and APT
Tampa/Odando, Inc.,a Delaware corporation("APT").
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,the parties hereto
agree as follows:
1. Exhibit B to the Site Agreement is hereby amended and restated as follows:
The attached Exhibit B(pages 1 and 2)shall now replace the existing Exhibit B.
Except as expressly set forth above, all provisions of the Site Agreement remain unchanged and in full
force and effect. In case of any inconsistencies between the terms and conditions contained in the Site
Agreement and the tears and conditions contained herein, the terms and conditions herein shall control, and
unless otherwise defined herein, have the same meaning as in the Site Agreement.
IN WITNESS WHEREOF, each of the parties have executed this Amendment as of the date below their
respective signatures.
OWNER
IMrt es s: City of Zephyrhills
By. -=---�
Print Name: A .!—G Print Name:
/ Print Title: _ Cou.Nc'« Pew-s,i,�-u r
2 tlzr_ �g4rl Date: _ -I s-99
PrintName:1-2�/F
Attest:
Print Name,ua,9 D. &a,J
Print Title: e,±4 e,,agK
Date:_ k-►s-y4
APT
Witnesses APT TampaMrlando, Inc.,
Print Name: r<<G�-_ - Print Name: - 4 it W." 10"y
2. Print Title: 64i-u C�.tr��r�y d -•f..:
-T-O
Print name: oa%Q oC A9 S'- &.0st ee- Date:
I:1 rou s1En in W e i O e Si a Ac uistion\Le a1\FINAL TEMPLATE�Amendmen No.1.doc
g p g eenng twork Operat ons�MTA p r\ t q 9 t
r Site No.A 2-"82� OR Br--+0,99 PG 1+:�ZZ3r
Site Name:City of Zephyr Hills 6 of 7
REVISED EXHIBIT"B"
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Section 2, Township 26 South. Range 21 East.
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7 of 7
REVISED EXHIBIT "B"
Page 2 of 2
LEGAL DESCRIPTION OF PROPERTY.'
PROJECT AS&5
A PARCEL OF LAND LYING IN 'tHE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION
2, TOWNSHIP 26 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA,-ALSO BEING
A PORTION OF TYSON SUBDIVISION, ACCORDING TO THE MAP OR PLAT,AS
RECORDED IN PLAT BOOK 4, PAGE 109, OF THE PUBLIC RECORDS OF PASCO COUNTY,
FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH
1/2 .OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 26 SOUTH, RANGE 21 EAST,
PASCO COUNTY. FLORIDA; THENCE S.88'50'15"W., ALONG THE NORTH LINE OF SAID
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION •2. A DISTANCE OF 1796.6
FEET; THENCE S.00'00'00"E., A DISTANCE OF 19.1 FEET TO A POINT WHICH LIES
ALONG SAID SOUTH RIGHT—OF—WAY LINE; THENCE S.89'18'10"W., ALONG SAID- SOUTH
RIGHT—OF—WAY LINE, 103.74 FEET 'TO A POINT OF BEGINNING;-THENCE S.01'44'49'`W.,
80.1 FEET; THENCE S.53'43'42"W., 21.6 FEET; THENCE N.88'15'11"W., 76.3 FEET;
THENCE N.00'00'44"W., 89.3 FEET TO A POINT ALONG SAID SOUTH RIGHT—OF—WAY LINE;
THENCE N.89'18'10"E., ALONG SAID SOUTH RIGHT—OF—WAY LINE, 96.2 FEET TO
THE POINT OF BEGINNING.
SAID PROJECT AREA CONTAINING 8539 SQUARE FEET, MORE OR LESS.
TOGETHER WITH A NON—EXCLUSIVE UTILITY EASEMENT.LYING SEVEN AND ONE—HALF
FEET TO THE RIGHT AND SEVEN ONE—HALF FEET TO THE LEFT OF A CENTERLINE
BEING MORE PARTICULARLY•DESCRIBED AS FOLLOWS;
FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 26 SOUTH, RANGE 21 EAST,
PASCO COUNTY, FLORIDA: THENCE S.88'50'15"W., ALONG THE NORTH LINE OF SAID
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, A DISTANCE OF 1796.6
FEET; THENCE S.00'00'00"E., A DISTANCE OF 19.1 FEET TO A POINT WHICH LIES
ALONG SAID SOUTH RIGHT—OF—WAY LINE; THENCE S.89'18'10"W., ALONG SAID SOUTH
RIGHT—OF—WAY LINE. 103.74 FEET; THENCE S.01'44'49"W.. 80.1 FEET; THENCE
THENCE S.5343'42"W., 21.6 FEET; THENCE N.88'15'11"W., 25.6 FEET TO A POINT
OF BEGINNING; THENCE S.39'58'06"W., 52.35 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE
POINTS AND/OR BOUNDARY LINES.
SAID UTILITY EASEMENT CONTAINS 785 SQUARE FEET, MORE OR LESS.
r �
AGREEIVIF
This Agreement("Agreement')is entered into b and between The CITY OF ZEPHYRHILLS,a
municipality of the State of Florida,whose address is 5335 Eighth Street,Zephryhills,FL 33540-4312 (the
"Owne) and APT Tampa/Orlando, inc., its successors and assigns ("APT'), providing for the granting
and leasing of certain property interests on the following tarns and conditions:
1. APT shall have Aie right to utilize S14
on the Owner's property located at
(Q lk l`1 8 Is T. . Zephyhills, Florida
in the County of Pasco, and more particularly descn'bed on Exhibit"A" attached hereto ("Owner's
Property") together with a non-exclusive right of access to Owner's Property as well as Owner's
consent and permission for APT to connect such electricity,telephone and other utilities as may be
necessary for the purpose of testing a temporary communications facility(the"Temporary Facility").
Such Temporary Facility shall be described on Exhibi"B"attached hereto.
2. This Agreement shall commence on the earlier of thirty (30) days following execution of this
Agreement by both parties or the day APT begins operation of the Temporary Facility on Owner's
Property ("Commencement Date") and shall continue month to month thereafter until such time as
Owner constructs a permanent tower on the Owner's Property. a ciT gear- TO L-XCF_F_4) toMG S,
3. Owner and APT agree that Owner and APT are in the process of negotiating a permanent Site
Agreement for the lease of certain property locate i at 6217 r Street, Zephyhills, Florida for the
purpose of installing,removing,maintaining and operating a communications facility,including a 197
foot self supporting tower. Upon execution of a permanent Site Agreement and completion of
construction of the tower,this Agreement shall terminate and the relationship shall be governed by the
permanent Site Agreement.
4. APT shall pay Owner the sum of per month, plus
applicable sales tax,for the rights enumerated in this Agreement. Such sum shall be payable monthly,
in advance,beginning on the Commencement Date and on the first day of each month thereafter. If
the Commencement Date is on a day other than the first day of the month, then such sum shall be
prorated for the remainder of said month.
5. The following covenants and agreements are conditions of this Agreement and are aclrnowledged and
agreed to by APT and Owner.
A. APT agrees to repair at its sole cost and expense any damage to Owner's Property caused by APT
in connection with the location, operation, maintenance of, and removal of the Temporary
Facility, promptly but in no event later that irty (30) days after receipt of written notice of
damage by Owner.
B. Owner reserves the right and privilege to use Owner's Property affected by this Agreement for
normal purposes provided such use will not interfere with the use or occupation of Owner's
Property by An or APT's operations th on, and provided also that except in cases of
emergency Owner shall not have access to the Temporary Facility unless accompanied by APT
personnel.
C. Owner agrees to cooperate with APT in its efforts to connect the Temporary Facility to electric,
telephone, or other necessary utility service a APT's sole cost and expense. Payment for said
services to the Temporary Facility shall be is sole responsibility.
D. This Agreement may be signed in counterparts by the parties hereto.
E. RADON GAS:Radon is a naturally occurring radioactive gas that,when is has accumulated in a
building in sufficient quantities,may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida Additional information regarding radon testing may be obtained from your county public
health authority.
F. APT shall pay all personal property taxes assessed against the APT Facilities and ad valorem taxes
assessed against the Project Site,commencing in calendar year 1999 and continuing thereafter for
the Initial Term of the Lease and any renewals thereof.
6. UTI MES Payment for electric service and for telephone or other communication services to the APT
Facilities shall be APTs responsibility. Owner agrees to cooperate with APT in its efforts to connect the
APT Facilities to existing utility service at APTs expense.
IN WITNESS WHEREOF,the parties hereto bind themselves to this Agreement on the date and
year above last written below.
Owner
Witnesses: City of Zephyrhills
1. sfi(-
PrintName:Sfetl; n FJfI44 By:
N e Alan Brinjfi
2. Title:City Co it President
Attest: P,�J
Address of er: Print Name: Undi Boa_n
Print Title:City Cleik
5335 Eighth Street [Corporate Seal]
Zephyrhilis,FL 33540
Telephone No.:
Facsimile No:
Federal ID No.:
APT
Wit es: APT Tampa/Orlando,Inc.
1.
Print N �n S By:
Name:Ton cDowell
2. Title:Director of Engineering and
Print Name: 1 Operations and Authorized Agent for
l�- APT Tampa/Orlando,Inc.
STATE OF FLORIDA
COUNTY OF U
The forego in Agreement was acknowl ged})efore me on th4— day of
1997 by �A as ,�c� v� of The City of Zephyrhills,a municipality of
the State of Florida He/She is personally known to me or has produced as identification.
commission exp' s:
S' Notary Nblic-State of Florida
1�1DAD.BOAN FX Commission Number:
[Seal] jum 15,2WO�►Noe.
STATE OF FLO
COUNTY OF �1
The foregoing Agreement was acknowledged before me on the day of
1997 by Tony McDowell, as Director of Engineering and Operations and Authorized gent of APT
Tampa/Orlando, Inc., a Delaware corporation. He is pftonally known to me or has produced
as identification.
My commission expires:
\(NOA L�A&E�—
NokPu lic-State of Florida
Comm ' n Number.
[Seal] Dawes STONE
MY Comm EV,WVooI
BondedySSe W Ins
epton"'Y I)00-1 LD.
SITE ID: A-2-G-082-G
' SITE NAME: City of Zephyrhills
SITE AGREEMENT FOR LAND
This Site Agreement For Land ("Agreement')entered into as of theA day of vv w , 1997, by
and between CITY OF ZEPHYRHILLS, a municipality of the State of Florida,whose address is 5335 Eighth Street,
Zephryhills, FL 33640-4312 ("Owner") and APT Tampa/Orlando, Inc., a Delaware corporation, whose address is
8410 W. Bryn Mawr, Suite 1100, Chicago, IL 60631-3486 ("APT'), provides for the granting and leasing of certain
property interests on the following terms:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and
agreed,the parties hereto agree as follows:
1. PROPERTY. The property interests hereby leased and granted by Owner (individually and collectively,
the"Project Site")shall include the following:
[X] Real property comprised'of approximately 2,500 square feet of land("Premises');
[X] Non-exclusive easements required to run, maintain and operate utility lines and cables on and to
the Premises; and
[X] Non-exclusive easement across Owners Property (hereinafter defined) for access, ingress and
egress to the Premises
IN OR UPON THE Owner's real property("the Owner's Property''), located at 6217 8h Street, Zephryhills,
FL 33540, in the County of Pasco, and legally described on Exhibit"A"attached hereto,which Owner's Property is
subject to APTs interest in the Project Site as set forth in this Agreement.The Project Site is depicted and legally
described on said Exhibit "B", attached hereto. All improvements made to the Project Site pursuant to this
Agreement shall be known hereafter as the"APT Facilities".
2. TERM. The term of this Agreement shall be five (5) and a fraction years, with the first year commencing
on the date APT begins construction of the APT Facilities("Commencement Date")and terminating on the 31"day
of December following the fifth annual anniversary of the.Commencement Date (the "Initial Term"), unless
otherwise terminated as provided in Paragraph 9. APT shall have the right to extend the term of this Agreement
for four(4)successive five(5)year periods'(the"Renewal Terms") on the same terms'and conditions as set forth
herein. This Agreement shall automatically be extended for each successive Renewal Term on such same terms
and conditions, unless APT notifies Owner in writing of its intention not to renew prior to commencement of the
succeeding Renewal Term.
3. RENT.
A. For the Initial Term, APT shall pay to Owner annual rent in the amount o
("Rent') in quarterly payments of
on the first day of January, April, July and October, together with any applicable sales tax. If the obligation to pay
Rent commences or ends on a day other than the first day of the quarter, then Rent shall be prorated on the basis
of a ninety(90)day quarter and shall be delivered within 20 business days from the Commencement Date.
B. For any Renewal Term, APT shall pay Rent in the amount of Rent to be paid during the previous
term (whether the Initial Term or a Renewal Term), increased by an amount equal to a percentage of the Rent to
be paid during such previous term, which percentage increase shall be computed and established for the entire
current Renewal Term at the beginning of each such Renewal Term by multiplying the number of years in the
previous term(whether the Initial Term or Renewal Term)times
C. Rent shall be paid electronically via electronic wire transfer, direct deposit or other paperless
means into a bank account to be designated by Owner. Owner may from time to time, designate another bank
account for the deposit of Rent provided the request is made in writing and received by APT at least sixty (60)
days in advance of any Rent payment date.
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e '
SITE I D: A-2-G-082-G
SITE NAME:City of Zephyrhills
4: USE. The Project Site may be used for the purpose of installing, removing, replacing, maintaining and
operating a communications facility, including but not limited to, a 197 foot self supporting tower, generally in,
under, on and above the Project Site as shown on Exhibit,,"B", subject to such modifications and alterations as
required by APT (collectively, the "Communications Facility", which Communications Facility, without limitation,
shall constitute a portion of the APT Facilities), provided that APT shalt not be required to occupy the Project Site.
Owner shall provide APT with twenty-four(24)hour,seven(7)day a week,year-around access to the Project Site.
APT shall pay all personal property taxes assessed against the APT Facilities and ad valorem taxes assessed
against the Project Site, commencing in calendar year 1998 and continuing thereafter for the Initial Term of the
Lease and any renewals thereof. Owner shall timely pay all real property taxes and assessments against the
Owner's Property, but not the Project Site. APT shall not allow any construction or materialmen's liens to be
placed on the Project Site or Owner's Property as a result of its work on the Project Site.
APT, its agents and contractors, are hereby grantee d the right, at APTs sole cost and expense, to enter
upon the Ownees Property and conduct such studies as APT deems necessary to determine the Project Site's
suitability for APTs intended use. These studies may include surveys, soil tests,environmental evaluations, radio
wave propagation measurements, field strength tests a d such other analyses and studies as APT deems
necessary or desirable. Owner shall cooperate with APT and execute all documents required to permit APTs
intended use of the Project Site in compliance with zoning, and use, building and any other applicable regulations,
whether local, state or federal in nature. Owner hereby appoints APT as its agent and attomey4n-fact for the
limited purpose of making such filings and taking such actions as are necessary to obtain any desired zoning, land
use approvals, building permits and/or any other applicable permits and approvals.
5. UTILITIES. Payment for electric service and for telephone or other communication services to the APT
Facilities shall be APTs responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT
Facilities to existing utility service at APTs expense.
6. REMOVAL OF APT FACILITIES. All personal property and trade fixtures of APT shall be removed by
APT upon the termination of this Agreement. Within thirty i(30) days of the expiration or earlier termination of this
Agreement, APT shall return the Project Site to the condition existing at the time of this Agreement's execution,
reasonable wear and tear and loss by casualty, condemnation and other causes beyond APTs control excepted.
Notwithstanding the foregoing, upon expiration or earlier termination of this Agreement, APT shall not be required
to remove any foundation more than two(2)feet below grade level.
7. INSURANCE. APT shall maintain commercial ge�eral liability insurance insuring APT against liability for
bodily injury, death or damage to personal property arising out of use of the Project Site by APT, with combined
single limits of Owner shall maintain commercial general liability
insurance insuring Owner against liability for bodily injury, death or damage to personal property arising out of its
ownership, use and management of the Project Site and Owner's Property by Owner and Owner's agents, with
combined single limits of . Any policy required to be obtained by
any party hereto pursuant to this Paragraph shall contain al waiver of subrogation in favor of the other party hereto,
to the extent required under Paragraph 10, Indemnity.
8. CONDITION OF PROPERTY. Owner represents�hat the Owner's Property and all improvements thereto,
are in compliance with all building, lifelsafety, and other laws, ordinances, rules and regulations of any
governmental or quasi-government authority.
9. TERMINATION. This Agreement may be terminated by APT at any time, in its sole discretion, by giving
written notice thereof to Owner not less than 30 days prior to the Commencement Date. Further,this Agreement may
be terminated by APT immediately, at any time, upon givir'g written notice to Owner, it (a) APT cannot obtain all
govemmental certificates, permits, licenses or other approvals (collectively, "Approval") required and/or any
easements required from any third party; or(b)any Approval is canceled,terminated,expires or lapses; or(c)Owner
fails to deliver any non-disturbance agreement or subordination agreement required by APT;or(d)Owner breaches a
representation or warranty contained in this Agreement; or I(e) Owner fails to have proper ownership of the Owner's
Property and/or the Project Site and/or authority to enter ino this Agreement; or(f)APT determines that the Owner'sR:\Legal\MAIL MERGE DOCUMENTSMasic Package Docu entAMM Conditional SA Land Revi 042397.doc 2 11/21
SITE ID: A-2-13-0824
SITE NAME:City of Zephyrhills
Property contains substances of the type described 'in Section 11 of this Agreement, or(g)APT determines that the
Project Site is not appropriate for its operations for economic, environmental or technological reasons, or(h)Owner
fails to provide to APT complete and correct copies of any ground lease or other document pursuant to which Owner
holds title to the Owner's Property. Such termination shall not constitute a waiver of APTs rights under Paragraph 15
of this Agreement
10. INDEMNITY. Owner and APT each indemnify the other against and hold the other harmless from any
and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations,
liabilities and liens which arise out of(a)the breach of this Agreement by the indemnifying party; and (b) the use
and/or occupancy of the Project Site, or the balance of the Owner's Property, by such indemnifying party. This
indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any
negligent or intentional misconduct of the indemnified party and shall survive the termination of this Agreement
11. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance,
chemical, or waste on the Owners Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law, ordinance, rule or regulation ("Hazardous Substances"). Owner shall hold APT
harmless from and indemnify APT against any damage, loss, expense, response costs, or liability, including
consultants' fees and any legal and court costs and attorneys' fees resulting from the presence of Hazardous
Substances on, under or around the Owner's Property or resulting from Hazardous Substances being generated,
stored, disposed of, or transported to, on, under, or around the Owner's Property as long as the Hazardous
Substances were not generated, stored, disposed of, or transported by APT or its employees, agents or
contractors.The terms of this paragraph shall survive the expiration or earlier termination of this Agreement
12. CASUALTY1CONDENNATION. If any portion of the Owner's Property, Project Site or the APT Facilities is
damaged by any casualty*and such damage adversely affects APT's use of the Project Site or the APT Facilities,or
if a condemning authority takes any portion of the Owner's Property and such taking adversely affects APTs use of
the Project Site or the APT Facilities, this Agreement shall terminate as of the date of the casualty or the date on
which title vests in the condemning authority, as the case may be if APT gives written notice of the same within thirty
(30)days after APT receives notice of such casualty or taking. The parties shall be entitled to make claims in any
condemnation proceeding for value of their respective interests in the Project Site(which for APT may include,where
applicable, the value of the APT Facilities, moving expenses, prepaid rent and business dislocation and relocation
damages). Sale of all or part of the Project Site to a purchaser with the power of eminent domain in the face of the
exercise of the power shall be treated as a taking by condemnation.
13. WAIVER OF OWNER'S LIEN. To the extent permitted by law, Owner hereby waives any and all lien
rights it has or may have, statutory or otherwise,-concerning the APT Facilities or any portion thereof which shall
be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is
deemed real or personal property under applicable law.
14. QUIET ENJOYMENT. APT, upon payment of the Rent, shall peaceably and quietly have, hold and enjoy
the Project Site. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other
encumbrance affecting Owner's Property, then Owner agrees to obtain from the holder of such encumbrance a
Subordination, Non-Disturbance and Attomment Agreement pursuant to the terms of which APT shall not be
disturbed in its possession, use and enjoyment of the Project Site. Owner shall not cause or permit any use of
Owner's Property which interferes with or,impairs the quality of the communication services being rendered by
APT from the Project Site. Except in cases of emergency, Owner shall not have access to the Project Site unless
accompanied by APT personnel.
15. DEFAULT. Except as expressly limited herein, Owner and APT shall each have such remedies for the
default of the other party hereto as may be provided at law or equity following written notice of such default and
failure to cure the same within thirty(30)business days.
Upon default by Owner and upon written notice to Owner and subject to all applicable cure periods provided to
Owner in this Agreement ( and if no such notice and cure period is provided, following thirty (30) days written
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SITE ID: A-2-G-082-G
SITE NAME:City of Zephyrhills
notice to Owner and opportunity to cure), in addition to any other rights and remedies available to APT at law or in
equity,APT shall be entitled to cure said default and to set-off and offset any and all sums, costs, expenses, fees
(including reasonable attorney's fees)and damages incurred by APT in effecting such cure against Rent and any
other sums due or thereafter coming due from APT to Owner u der this Agreement.
16. MISCELLANEOUS.
A. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement
and has good and marketable title to the Owner's Property.
B. APT represents and warrants that it is duly authorized to do business in Florida and that the
undersigned signatory for APT is fully authorized by APT to ente�into this Agreement on behalf of APT.
C. This Agreement supersedes all prior discussions, negotiations and agreements between the
9 P P 9 9
parties hereto and contains all agreements and understandings between the Owner and APT regarding the
subject matter of this Agreement This Agreement may only be amended by a writing signed by both parties.
Exhibits"A"through"C"are hereby incorporated into this Agreement by reference.
D. This Agreement may be signed in counterparts by the parties hereto.
E. The terms and conditions of this Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of Owner and APT.
F. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be
entitled to receive its reasonable attorneys'fees and other reasonable enforcement costs and expenses from the
non-prevailing party.
G. Simultaneously herewith or on or before the Commencement Date, Owner shall execute and
acknowledge and deliver to APT for recording a memorandum of this Agreement("Memorandum") in the form of
Exhibit "C". Owner hereby grants APT permission to insert the effective date of this Agreement into the
Memorandum after execution of the Memorandum.
H.. APT may assign this Agreement or sublet t�e Project Site (in whole or in part) at any time and
from time to time without Ownees consent. No assignm nt or subletting shall release APT from any of the
obligations arising under this Agreement.
I. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered
with return receipt requested or by any nationally-recognized overnight courier service to the address set forth
beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United
States Mail or delivered to such courier service.
J. This Agreement shall be construed in actor ance with the laws of the State of Florida.
K. Each party agrees to fumish to the other, within ten (10) days after request, such truthful estoppel
information as the other may reasonably request.
L. Owner and APT each represent that they have not been represented by a real estate broker or
other agent in this transaction. Each party shall indemnify pnd hold the other party harmless from any claims for
commission,fee or other payment by such broker or any other agent claiming to have represented a party herein.
M. Tower shall be free of all material and mechanics liens.
N. The parties hereto warrant and represent, each-to the other, that the matters of fact contained
herein are true and accurate.
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