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<br />APT Site 10: A2G-082-G
<br />BellSouth Site 10: 440-106.4
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<br />COLLOCATION AND SUBLEASE AGREEMENT
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<br />lhis Collocation and Sublease Agreement (herinafter this "Agreement or Sublease''), is made this
<br />2-Zr'l day of~, 1998, between APT Tampa/Orlando, Inc., a Delaware corporation, and/or its
<br />affiliates and as~nafter designated "SUBLESSOR", and BellSouth Mobility Inc, a Georgia
<br />corporation, and/or its affiliates and assigns, hereinafter designated "SUBLESSEE",
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<br />1, Demise. SUBLESSOR hereby leases to SUBLESSEE and SUBLESSEE hereby rents from
<br />SUBLESSOR space on SUBLESSOR's antenna tower located on that parcel ofland located at 5335 8th St,
<br />Zephyrhills, FL 33540, more particularly described in Exhibit "A" attached hereto (the "Project Site"), and
<br />also ground space adjacent to the tower, as shown on Exhibit "B" (site plan) attached hereto (the space on
<br />the tower and adjacent ground space referred to hereinafter as "Property") for the use of the tower space and
<br />construction of an equipment shelter (defined herein to also mean cabinets) by SUBLESSEE, if so desired
<br />by SUBLESSEE. SUBLESSEE acknowledges and agrees that this Agreement is also a sublease by
<br />SUBLESSOR ("Sublease") under the provisions of, and is subject and subordinate to, all of the terms and
<br />conditions of that certain lease agreement dated November 24, 1997, and filed for record via Memorandum
<br />of Agreement in OR Book not yet recorded, Page not yet recorded, of Pasco County, Florida, (the "MASTER
<br />LEASE") by and between City of Zephyrhills, a municipality of the State of Florida, ("LANDLORD") and
<br />SUBLESSOR. All provisions of the MASTER LEASE not inconsistent with the Sublease are incorporated
<br />herein by reference. In the event of a conflict between the terms of the Sublease and the MASTER LEASE,
<br />the Sublease shall control.
<br />
<br />2. Use. SUBLESSEE shall place equipment, described more specifically in Section 8 of this
<br />Agreement, on SUBLESSOR's tower for the transmission and reception of SUBLESSEE's FCC licensed
<br />frequencies, SUBLESSEE may use the ground space for placement of a shelter to house equipment used in
<br />conjunction with its tower equipment. These shall be the only permissible uses under this Agreement.
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<br />3. Conditions Precedent! Aoproval Documentation. It is understood and agreed that
<br />SUBLESSEE's ability to use the Property and obligation to commence this Sublease is contingent upon its
<br />obtaining, at its expense after the execution date of this Agreement, (a) all of the certificates, permits and
<br />other approvals that may be required by any Federal, State or Local authorities having jurisdiction over the
<br />Property for SUBLESSEE's intended use, including, but not limited to, any local zoning permits, by
<br />SUBLESSEE (each an "Approval"), (b) acceptable radio frequency intennodulation and antennae coupling
<br />tests to be paid for by SUBLESSEE which confirm that no interference will exist between SUBLESSEE's
<br />equipment and the equipment of SUBLESSOR or other prior users of the tower and (c ) the consent and
<br />agreement of the LANDLORD under the MASTER LEASE to the Sublease and, if necessary to the
<br />placement of any Sublesee's equipment on property owned by such LANDLORD and not leased to
<br />SUBLESSOR under the MASTER LEASE, SUBLESSOR shall cooperate reasonably with SUBLESSEE
<br />in its effort to obtain such governmental Approvals and shall take no action which would adversely affect
<br />the status of the Property with respect to the proposed use thereof by SUBLESSEE. In the event that any
<br />relevant and necessary application by SUBLESSEE should be rejected or any certificate, permit, license or
<br />Approval issued to SUBLESSEE be canceled, expire, lapse, or be otherwise withdrawn or terminated by a
<br />governmental authority so that SUBLESSEE will be unable to use the Property for its intended purposes,
<br />SUBLESSEE shall have the right to tenninate this Sublease without liability either before or after
<br />commencement ofthe Sublease. In such event the site access fee shall be refunded to SUBLESSEE. If the
<br />radio frequency intermodulation and antennae coupling tests demonstrate levels of interference
<br />unacceptable to either party, then either party may terminate this SUBLEASE in accordance with Section 8.
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