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� . � . . �0�,2� T,r,P. • • • --• .� AGREE NT � 'This Agreement("Agreement")is entend in by and between The CITY OF ZEPHYRHILLS,a municipality of the State of Florida,whose address is S 35 Eighth Street,Zephryhills,FL 33540-4312 (the "Owne� and APT Tampa/Orlando, inc., its succ and assi�s ("APT'"). providing for the granting and leasing of cer�in property interests on the follow' terms and conditions: 1. APT shall have �e right to utiliu on the Owaer's property located at T. Zephyrhills, Florida in the Cotmty of Pasco, and more particularly d 'bed on Exlubit"A" attached hereto ("Owner's Property'7 together with a non-exclusive right f access to Owner's Property as well as Owner's consent and pecmission for APT to connect suc electricity,telephone and other utilides as may be ne�essery for the purpose of testing a temporary mmunications facility(the"Temporary Facility"). Such Temporary Facility shall be described on bit"B"attached hereto. 2. This Agreement shall commence on the esrli of thirty (30) days following execution of this Agrecment by both patties or the day APT be ' operation of the Temporary Facility on Owner's Property ("Commencement Datd� and shall co ' ue month to month thereafter until such time as Owner constructs a permanent tower on the Own 's Property. 6� r(d'� TO �,c�(�� (oM0 S, 3. Owaer and APT agroe that Owner and APT in the process of negotiating a pennanent Site � Agc+eement for the lease of certain property 1 at 6217 8th Street, Zephyrhills, Florida for the pwpose of installiag,removing,mamtaining end lec�ating a communications faciliry,including a 197 foot self supporting tower. Upon execution o a permanent Site Agreement and complerion of construction of the wwer,this Agceement shall ' ate and the nlationship shall be governed by the permanent Site Agr�eement. 4. APT shall pay Owner the sum of per month, plus applicable sales tax,for the rights enumerated in ' Agrament Such sum shall be payable monthly, in advance,beginning on the Commencement and on the first day of each month thereaftar. If the Commencement Date is on a day other th the Srst day of the month, then such sum shall be prorated for the remainder of said month. 5. The following covenants and egreements are co 'tions of this Agreement and are acl�owledged and ageed to by APT and Owner. A. APT agrces to repair at its sole cost and e nse any damage to Owner's Property caused by APT in connection with the location, operati maintenance of, and reraoval of the Temporary Facility, promptly but in no event later th thirty (30) days after receipt of written notice of damage by Owner. B. Owner reserves the right and privilege to Owner's Property affected by this Agreement for noimel purposes provided such use will n t interfere with the use or occupation of Owner's Property by APT or APT's operations ereon� and provided also that except in cases of emcrgency Owner shall not have access to e Temporary Facility anless 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 servi at APT's sole cost and expeuse. Payment for said services to the Temporary Facility shall be 's sole responsibility.