|
SITE ID: A-2-G-082-G
<br /> SITE NAME: City of Zephyrhills
<br /> 4' USE. The Project Site may be used for the purpose of installing, removing, replacing, maintaining and
<br /> operating a communications facility, including but not limited to, a 197 foot self supporting tower, generally in,
<br /> under, on and above the Project Site as shown on Exhibit "B", subject to such modifications and alterations as
<br /> required by APT (collectively, the "Communications Facility", which Communications Facility, without limitation,
<br /> shall constitute a portion of the APT Facilities), provided that APT shall not be required to occupy the Project Site.
<br /> Owner shall provide APT with twenty-four(24)hour, seven(7)day a week,year-around access to the Project Site.
<br /> APT shall pay all personal property taxes assessed against the APT Facilities and ad valorem taxes assessed
<br /> against the Project Site, commencing in calendar year 1998 and continuing thereafter for the Initial Term of the
<br /> Lease and any renewals thereof. Owner shall timely pay all real property taxes and assessments against the
<br /> Owners Property, but not the Project Site. APT shall not allow any construction or materialmen's liens to be
<br /> placed on the Project Site or Owner's Property as a result of its work on the Project Site.
<br /> APT, its agents and contractors, are hereby granted the right, at APTs sole cost and expense, to enter
<br /> upon the Owner's Property and conduct such studies as APT deems necessary to determine the Project Site's
<br /> suitability for APTs intended use. These studies may include surveys, soil tests,environmental evaluations, radio
<br /> wave propagation measurements, field strength tests and such other analyses and studies as APT deems
<br /> necessary or desirable. Owner shall cooperate with APT and execute all documents required to permit APTs
<br /> intended use of the Project Site in compliance with zoning, land use, building and any other applicable regulations,
<br /> whether local, state or federal in nature. Owner hereby appoints APT as its agent and attorney-in-fact for the
<br /> limited purpose of making such filings and taking such actions as are necessary to obtain any desired zoning,land
<br /> use approvals,building permits and/or any other applicable permits and approvals.
<br /> 5. UTILITIES. Payment for electric service and for telephone or other communication services to the APT
<br /> Facilities shall be APTs responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT
<br /> Facilities to existing utility service at APTs expense.
<br /> 6. REMOVAL OF APT FACILITIES. All personal property and trade fixtures of APT shall be removed by
<br /> APT upon the termination of this Agreement. Within thirty (30) days of the expiration or earlier termination of this
<br /> Agreement, APT shall return the Project Site to the condition existing at the time of this Agreement's execution,
<br /> reasonable wear and tear and loss by casualty, condemnation and other causes beyond APTs control excepted.
<br /> Notwithstanding the foregoing, upon expiration or earlier termination of this Agreement, APT shall not be required
<br /> to remove any foundation more than two(2)feet below grade level.
<br /> 7. INSURANCE APT shall maintain commercial general liability insurance insuring APT against liability for
<br /> bodily injury, death or damage to personal property arising out of use of the Project Site by APT, with combined
<br /> single limits of Owner shall maintain commercial general liability
<br /> insurance insuring Owner against liability for bodily injury, death or damage to personal property arising out of its
<br /> ownership, use and management of the Project Site and Owner's Property by Owner and Owner's agents, with
<br /> combined single limits of Any policy required to be obtained by
<br /> any party hereto pursuant to this Paragraph shall contain a waiver of subrogation in favor of the other party hereto,
<br /> to the extent required under Paragraph 10, Indemnity.
<br /> 8. CONDITION OF PROPERTY. Owner represents that the Owner's Property and all improvements thereto,
<br /> are in compliance with all building, lifelsafety, and other laws, ordinances, rules and regulations of any
<br /> governmental or quasi-government authority.
<br /> 9. TERMINATION. This Agreement may be terminated by APT at any time, in its sole discretion, by giving
<br /> written notice thereof to Owner not less than 30 days prior to the Commencement Date. Further,this Agreement may
<br /> be terminated by APT immediately, at any time, upon giving written notice to Owner, tf: (a) APT cannot obtain all
<br /> govemmental certificates, permits, licenses or other approvals (collectively, "Approval") required and/or any
<br /> easements required from any third party; or(b) any Approval is canceled, terminated,expires or lapses; or(c)Owner
<br /> fails to deliver any non-disturbance agreement or subordination agreement required by APT;or(d)Owner breaches a
<br /> representation or warranty contained in this Agreement; or(e) Owner fails to have proper ownership of the Owners
<br /> Property and/or the Project Site and/or authority to enter into this Agreement; or.(f)APT determines that the Owners
<br /> R:U.egalVvIAIL MERGE DOCUMENTS\Basic Package Documents\MM Conditional SA Land Revl 042397.doc 2 11/21
<br />
|