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, � SITE ID: A-2-G-082-G
<br /> SITE NAME:City of Zephyrt�ills
<br /> � 4' USE. The Pfoject Site may bE: used for the purpose of installing, removiny, �+eplacing, maintaining and
<br /> operating a communicatbns facility, including but not limited to, a 197 foot seif supporting tower, gec�erally in,
<br /> unde�, on and above tfie Project Si� as show� on Exhibit "B", subject to such modifications and alterations as
<br /> requi�ed by APT (oollecdvely, the "C.om�riunicadons Facility", which Comnwni�io�s F ,
<br /> shall constitute a pofion of lhe APT Fac�lides), provided that APT shall not be requk�ed� w�t ���^�
<br /> oocupy the Project Site.
<br /> Owner shall provlde APT with twenty-tour(24)hou�,seve�(7)day a week,year•around aocess tc the Project Site.
<br /> APT shall pay all personal property buces assessed against the APT Fac�es and ad valonem ta�ce, s�ssesse�
<br /> against the Project Sifie, cocrunencing in calendar year 1998 and oondnuing t�aafter!or the Inibial Term of the
<br /> Lease and any renewals thereof. Owner shall timely pay all real property tauces and assessme�ts against the
<br /> Ow�ers Prope�ty, but not tl�e �rojed S�te. APT shali not alfaw arry conshuctlon or �•s Hens to be
<br /> placed on the Project Sibe or Owners Property as a result of its woric on the PreJect Sibe,
<br /> APT, its age�ts and co�tradors, are hereby granted the tight, at APTs sole co�t and expense� to enter
<br /> upon the Owner's Property and conduct such studies as APT deems neoessary�o de�rtr�ine fhe project Site's
<br /> suitability fior APTs irtbartded ase. These studies may inGude surveys, soii t�ts,environme�al evaluadons, radio
<br /> wave propagation measc�reme�ts, fieW strength tests and such other analyses �d st�es as APT deems
<br /> necessary or desirable. Owner shaN 000perdte with APT and execxif+e a� doaimenCs req�i+ed to pem�it APTs
<br /> intended use of the Project Site in oompliance with zoning, land use.bu�di�g and any otl�er app�cab{s�egulaiions,
<br /> whether locei, state or federal in �ature. Owner hereby appoints APT as iCs age�t and at�omey-in-fact for tl�e
<br /> limited pu�pose of making such fiqngs a�d taking such acdons as a�e neoessary 1c��btain any desired zoning,land
<br /> use approvals,building pem�iis arM/or any other appGcable permits a�d apprutials.
<br /> 5. UTIU7TES. Payment(or electric service and for tetepho�e or dher ooarnur�icaAion servioes 10 the APT
<br /> Faalides shaq be APTs respon�ity. Owner agrees to cooperate with APT in �s eff�s to camnec� the APT
<br /> Faalides to exissting ud'lity service at APTs expense.
<br /> 6. REMOVAL OF APT FACIUTfES. All personal propeny and trade fnctures of APT shaa be removed by
<br /> APT upon the tem�inatbn of this Agreement V1fit�in thirly(30)days of the e�on or�1'ier tertnic�ation of this
<br /> Agreement, APT shall nebum tlie Projed Site to the oondidon existing at the tkne of this AQreemeM's execwtion,
<br /> reasonable wea�and tex a�d bss by casualty, oondemna6on ancf other causes beyond APTs oontrol exc�pted.
<br /> Notwithstanding the fo�going, upon expira�on or earlier tertninada�of this Agreement�APT shall not be required
<br /> to remove any fbundati�on more than two(2)feet bebw grade level.
<br /> 7. INSURANCE. APT sMaN maintain comme�c;ial general liability�su�oe�sttring APT a�gainst lisbii�ity for
<br /> bodily in�ry, death or da��e bo personal prope�ty arisa�g cut of use of the Project Site by APT, wiih combined
<br /> single Gmits of Owner shaN main�cortrr�da!generel liability
<br /> insuranoe insu��g Owner against Rab�ity for bod�y► injury. death o�dan�age�o pe�sonai property arising out of its
<br /> ownership, use and of the Site and Owners by Owner and Owr�e�'s agents, with
<br /> combined single qmits of • �►Y P�Y �ired bo be obtained by
<br /> any party heret�pursuant bo tltis Paragraph shall co�tain a waiver of subrogatan In favor of tl�e other party hereto,
<br /> to the extent required under Paragraph 10, indem�ity.
<br /> 8. COND/T/ON OF PROPERTY. Owner represents that the Owners Ptnpe�ty and all improvements thereto,
<br /> a�e in oomptiance with all building, kfe/safety, and othe� laws, ordinances, n�les and regulations of any
<br /> govemmental o�quasi-govemme�t authority.
<br /> 9. TERM1NATiON. This Agreemerrt may be ierminated by APT at any time, in its sole discretion, by giving
<br /> written notice thereof to Ow�er not less than 30 days prior to the Commencement Oate. Further,fhis Agreement may
<br /> be terminated by APT immediatety, at a�y 6me, upon giving written notice to Owne�, if: (a) APT canswt obtain all
<br /> govemmental certificates, permits, tice�ses or oiher approvals (collectively, "ApprovaC') required andlor any
<br /> easements requi�ed fiom any third party;or(b)any Approval is canceled,terminated,expires or tapses;or(c)Owner
<br /> fails to deliver any non�isturbance agreement or subordination agreement required by APT;or(d)Owne�breaches a
<br /> rep�esentation or warranty contained in this Agreert�ent; or(e) Owne�fails to have proper ownership of the Owners
<br /> Property and/or the Project Site and/or authority to enter into this Agreement; or(fl APT determines that the Owners
<br /> R:�L,ega(VvtA[[.MERGE DOCUMENTS\Basic Packaee DocumentsuvtM Conditional SA L,and Revl 042397.doc � 2 1 1l21
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