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AGREEMENT This Agreement("Agreement')is entered into by and between The CITY OF ZEPHYRHILLS,a municipality of the State of Florida,whose address is 5335 Eighth Sweet,Zephryhills,FL 33540-4312 (the "Owner")and APT Tampa/Orlando, inc., its successors and assigns ("APT"), providing for the granting and leasing of certain property interests'on the following terms and conditions: 1. APT shall have J ie right i to utilize space on the Owner's property located at Zephyrhills, Florida in the County of Pasco, and more particularly described 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 Exhibit IV 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. 6 ciT Hoz �p COMO 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 located at 6217 St Street, Zephyrhills, 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 fast 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 acknowledged 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 thirty (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 APT or APT's operations thereon, 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 at APT's sole cost and expense. Payment for said services to the Temporary Facility shall be APT's sole responsibility.