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ti <br /> SITE ID: A-2-G-082-G <br /> SITE NAME: City of Zephyrhills <br /> SITE AGREEMENT FOR LAND <br /> This Site Agreement For Land ("Agreement') entered into as of theIV day of , 1997, by <br /> and between CITY OF ZEPHYRHILLS, a municipality of the State of Florida,whose address is 5335 Eighth Street, <br /> Zephryhills, FL 33540-4312 ("Owner") and APT Tampa/Orlando, Inc., a Delaware corporation, whose address is <br /> 8410 W. Bryn Mawr, Suite 1100, Chicago, IL 60631-3486 ("APT'), provides for the granting and leasing of certain <br /> property interests on the following terns: <br /> For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and <br /> agreed,the parties hereto agree as follows: <br /> 1. PROPERTY. The property interests hereby leased and granted by Owner (individually and collectively, <br /> the"Project Site")shall include the following: <br /> [X] Real property comprised'of approximately 2,500 square feet of land("Premises"); <br /> [X] Non-exclusive easements required to run, maintain and operate utility lines and cables on and to <br /> the Premises;and <br /> [XI Non-exclusive easement across Owners Property (hereinafter defined) for access, ingress and <br /> egress to the Premises <br /> IN OR UPON THE Owner's real property("the Owner's Property"), located at 6217 81h Street, Zephryhills, <br /> FL 33540, in the County of Pasco, and legally described on Exhibit"A"attached hereto,which Owner's Property is <br /> subject,to APTs interest in the Project Site as set forth•in this Agreement. The Project Site is depicted and legally <br /> described on said Exhibit "B", attached hereto. All improvements made to the Project Site pursuant to this <br /> Agreement shall be known hereafter as the"APT Facilities". <br /> 2. TERM. The term of this Agreement shall be five (5) and a fraction years, with the first year commencing <br /> on the date APT begins construction of the APT Facilities ("Commencement Date")and terminating on the 31"day <br /> of December following the fifth annual anniversary of the Commencement Date (the "Initial Term"), unless <br /> otherwise terminated as provided in Paragraph 9. APT shall have the right to extend the term of this Agreement <br /> for four(4)successive five(5)year periods(the"Renewal Terms")on the same terms'and conditions as set forth <br /> herein. This Agreement shall automatically be extended for each successive Renewal Term on such same terms <br /> and conditions, unless APT notifies Owner in writing of its intention not to renew prior to commencement of the <br /> succeeding Renewal Term. <br /> 3. RENT. <br /> A. For the Initial Term, APT shall pay to Owner annual rent in the amount o <br /> ("Rent') in quarterly payments of <br /> on the first day of January,April, July and October, together with any applicable sales tax. If the obligation to pay <br /> Rent commences or ends on a day other than the first day of the quarter,then Rent shall be prorated on the basis <br /> of a ninety(90)day quarter and shall be delivered within 20 business days from the Commencement Date. <br /> B. For any Renewal Term, APT shall pay Rent in the amount of Rent to be paid during the previous <br /> term(whether the Initial Term or a Renewal Term), increased by an amount equal to a percentage of the Rent to <br /> be paid during such previous term, which percentage increase shall be computed and established for the entire <br /> current Renewal Tern at the beginning of each such Renewal Term by multiplying the number of years in the . <br /> previous term(whether the Initial Term or Renewal Term)times <br /> C. Rent shall be paid electronically via electronic wire transfer, direct deposit or other paperless <br /> means into a bank account to be designated by Owner. Owner may from time to time, designate another bank <br /> account for the deposit of Rent provided the request is made in writing and received by APT at least sixty (60) <br /> days in advance of any Rent payment date. <br /> R:\Legal\MAIL MERGE DOCUMENTS\Basic Package DocumentAMM_Conditional SA Land Rev 042397.doc 1 11/19 <br />