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. . � � �a�,�� M . P- � ' 9' , � � AGREE NT � This Agreement("Agnement")is entered in by and between The CTTY OF ZEPHYRHILLS,a municipality of the State of Florida,whose address is S 35 Eighth Strcet,Zephryhills,FL 33540-4312 (the "Owner")and APT Tempe/Orlando, ine., its successo and assigns ("APT'"),providing for the granting and leasing of ccrtain propaty interests on the follo ' tertns and conditions: 1. APT shall have �e rigf►t to udliu on the Owner's property located az T. Zephyrhills, Florida in the Co�mty of Pasco, and more particularly d 'bed on Exh�'bit"A" aaached hcreto ("Owner's Property") together with a non-exclusive right f access w Owner's Prnpeity as well as Owner's consent and permission for APT to connect suc electricity, telephone and other utilities as may be necessary for the purpose of testing a temporary unicatioas faciliry(the"Temporary Facility"). Such Temporary Facility shall be described on ibit"B"attached hereto. 2. T6is Agreement shall commence on the earli of thirty (30) days following execution of this Agreement by both parties or the day APT be ' operation of the Temporary Facility on Owner's PropcKy ("Cammencement Datd� and shall co tinue month to month thereafter until such time as Owner constructs a permancnt tower on the Own 's Property 6� Ht�-` To ��,�� Co�O S, 3. Owner and APT agree that Owner aad APT in the process of negotiating a permanerrt Site � Agreement for the lease of certain property 1 at 6217 8'h Street, Zephyrhills, Florida for the purpose of installing,removing,maiataining end �erating a communications facility,including a 197 foot self supporting tower. Upon execution f a permanent Site Agreement end compledon of consWction of the tower,this Agreement shall ' ate and the nlationship shall be governed by the permanent Site Agreement. 4. APT shall pay Owner the swn of per month, plus applicable sales tax,for the rights enumerated in ' Agrecmen� Such sum shall be payable monthly, in advance,beginning on the Commencement and on the first day of each month thereafter. If the Commeacement Date is on a day other the Srst day of the month, then such sum shall be prorated for the remainder of said month. 5. The following covenants and agc+eements are co ditions of this Agnement and are aclmowledged and agreed to by APT and Owner: A. APT agrees to repair at its sole cost and e any damage to Owner's Property caused by APT in connectioa with th� locstion, operati mainbenance of, and removal of the Temporary Facility, promptiy but ia no event later t thirty (30) days after receipt of written notice of damage by Owner. B. Owner nserves the right and privilege to Owner's Property affected by this Agreement for noimal purposes provided such use will ot interfere with the use or occupation of Owner's Properly by APT or APT's operations ereon, and provided also that �xcept in cases of emergency Owaa shall not have access the Temporary Facility unless accompanied by APT personnel. C. Owner agrees to cooperate with APT in i efforts w connect the Temporary Facility to electric, telephone, or other necessary u61ity servi at APT's sole cost and expense. Payment for said services to the Temporary Facility shall be PT's sole responsibility.