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<br /> ' ' SITE I D: A-2-G-082-G
<br /> ' SITE NAME:City of Zephyrhiils
<br />� ' 4' USE The Project Site may bE; used for the pu ose of installing, removing, replacing, maintaining a�d
<br /> operatin� a communica�ons facilityr, including but not li ited to, a 197 foot self suppordng tower, generally in,
<br /> unde�, o� and above the Project Site as shown on Exh bit "B", subject to such modifications and alterations as
<br /> required by APT (�rollectively, the "C•omrtiunications Fa 'lity", which Commu�ications Faciliiy, without limitation,
<br /> shall consdtute a portion of the APT Facilities), provided at APT shall not be�equired to occupy the Projeat Site.
<br /> Owner shall provide APT with twenty-four(24)hou�, sev n(7)day a week,year-around access to the Project Site.
<br /> APT shall pay all personal property taxes assessed ag inst the APT Faal'�ties and ad valorem taxes assessed
<br /> agai�st the Project Site, cammencing in calendar year 998 and continuing ther+eafter for the Inidal Term of the �
<br /> Lease and any renewals thereof. Owne� shall amely ay ail reat property taxes and assessments against the
<br /> Owners Propeity, but not the i'roject Site. APT shail not allow any consfruction or materialmen's fiens to be
<br /> placed on the Project Site or OwnePs Property as a resul of its work on the Project Site.
<br /> APT, its agents and contractors, a�e he�eby g nted the �ght, at APTs sole cost and expense, to enter
<br /> upon the Owners Property and oonduct such studies a APT deems necessary to determine the Project Site's
<br /> suitability for APTs intended use. These studies may in lude suroeys, soil tests,environmental evaluations, radio
<br /> wave p�opagation measurements, field strength tests and such other analyses and studies as APT deems
<br /> necessary o� desirable. Owner shall cooperate with A T and execute all documents required to pertniE APTs
<br /> intended use of tfie Project Site in compl'�ance with zonin , land use.building and any other applicable regutations,
<br /> whether local, state or federat in nature. Owner hereb appoints APT as its agent and at�omey-in-hact for the
<br /> limited purpose of making such tilings and taking such a 'ons as a�e necessary to obtain any desired zoning, land
<br /> use approvals, building pennits and/or any other applica le permits and approvals.
<br /> 5. UTILITIES. Payment for electric service and fo telephone or other communicaticn services to the APT
<br /> Facilibes shall be APTs responsibil'ity. Owner agrees cooperate wifh APT in its efforts to connect the APT
<br /> Facilities to exisbng udlity service at APTs expense.
<br /> 6. REMOVAL OF APT FAClUT1ES. All personal property and trade fixtures of APT shall be removed by
<br /> APT upon the tertnination of this Ag�eeme�t Within thi (30)days of the expiration or eartier termination of this
<br /> Agreement, APT shall retum the P�oject Site to the con ition existing at the time of this AgreemenYs execution,
<br /> reasonable wea�and tear and toss by casualty, condem ation and other causes beyond APTs control excepted.
<br /> Notwithstanding the foregoing, upon expiration or earlier termina6on of this Agreement, APT shall not�be required
<br /> to remove any foundation more than two(2)feet below g de level.
<br /> 7. INSURANCE. APT shall maintain commercial eneral liability insuraace insuring APT against liability for
<br /> bodily injury, death or damage to personal property a�s ng out of use of the Project Site by APT, with combined
<br /> single fimits of Owner shall maintain oommerc.ial general liability
<br /> insurance insuring Owner agai�st liabitity for bodity inju , death or damage to personal property arising out of its
<br /> ow�ership, use and management of fhe Project Site an Owners Property by Owner and Owners agents, with
<br /> combined single limits of . My policy �equired to be obtained by
<br /> any party hereto pursuant to this Paragraph shall contain a waiver of subragadon in favor of the othe�pariy hereto,
<br /> to the extent required under Paragraph 10, Indemnity.
<br /> 8. CONDITlON OF PROPERTY. Owner�epresent that the Owners Property and all improvements thereto,
<br /> are in compliance with all building, life/safety, and the� laws, ordinances, rules and regulafions of any
<br /> governmental or quasi-govemment authority.
<br /> 9. TERMINATION. This Agreement may be teRni ated by APT at any time, in its sole discretion, by givi�g
<br /> written notice thereof to Owner not less than 30 days prior o the Commencement Date. Further,this Agreement may
<br /> be terminated by AP'T immediately, at any 6me, upon gi ing written �otice to Owne�, if: (a) APT cannot obtain al{
<br /> govemmental certificates, permits, licenses or ott�er pprovals (collectively, "Approval") required and/or any
<br /> easements required from any third par(y; or(b)any Appro al is canceled, terminated,expires or lapses; or(c)Owner
<br /> fails to deliver any non�iisturbance agreement or subordin tion agreement required by APT;cr(d)Owner breaches a
<br /> representation or warranty contained in fhis Agreeme�t; o {e) Owner fails to have proper ownership of the owners
<br /> Property and/or the Project Site and/or authority to enter i to this Agreement; or(fl APT detennines that the Owners
<br /> •R:�L,egaI�MAIL MERGE DOCUMENTS�Basic Packa�e Docu ents�NiM Conditional SA Land Revl 042397.doc � 2 11/21
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