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<br /> : : SITE ID: A-2-G-082-G
<br /> ' SITE NAME:City of Zephyrhills
<br /> • 4: USE. The Project Site may bP used for the pu ose of installing, removing, �eplacing, maintaining and
<br /> operating a communicatlons facitity, including but not li ited to, a 197 foot self supporting towe�, generally in,
<br /> under, on and above the Project Site as shown on F�c ibit "B", subject to such modifications and alterations as
<br /> required by APT (�rollectively, the "Gomrriunications Fa 'lity", which Communications Facility. without limitation,
<br /> shall constitute a po�tion of the APT Facili�es), provided at APT shall not be cequired to accupy the P�oject Site.
<br /> Owner shail provide APT with twenty-four(24)hou�,sev n(7)day a week,year,around access to the Project Site.
<br /> APT shall pay aN personal property taxes assessed ag inst the APT Faalities and ad valorem taxes assessed
<br /> agai�st the P�oject Site, commenang in cale�dar year 998 and oontinuing thereafter for the Initial Term of the �
<br /> �ease and any renewals thereof. Owne� shail timely y all real propeity faxes and assessments against the
<br /> Owners Property, but not the �roject Site. APT shall not allow any construction or materialmen's lie�s to be
<br /> placed on the Project Sfte or Owners Property as a resu t of its worlc on the Project Site.
<br /> APT, its agents and oontractors, a�e hereby g nted the right, at APTs sole cost and expense, to enter
<br /> upon the Owner's Property and conduct such studies s APT deems necessary to determine the Project Site's
<br /> suitabi(ity for APTs inte�ded use. These studies may in ude surveys, soif tests.environmental evaluations, radio
<br /> wave propagation measurements, field strength tests and such other analyses and studies as APT deems
<br /> necessary or desirable. Ow�er shail cooperate with T and execute ail documents required to pertnit APTs
<br /> intended use of the Project Site in compliance with zoni g, land use, buiiding and any other applicable regulations,
<br /> whether local, state or federal in nature. Owner hereb appoinfs APT as its agent and attcmey-in-fact for the
<br /> limited purpose of maki�g such filings 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 !e permits and approvals.
<br /> 5. UTIUTIES. Payment for elecaic service and f r telephone or other oommunication services to the APT
<br /> Facili6es shal{ be APTs responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT
<br /> Facilities to existing util'�r service at APTs expense_
<br /> 6. REMOVAL OF APT FACIUTIES. All persona property and trade fixtures of APT shal{ be removed by
<br /> APT upon the tertnination of this Ag�eemenL Within thi (30) days of the expiradon or eariier teRnination of this
<br /> Agreement, APT shall retum the Project Site to the co dition existing at the time of this AgreemenYs execution,
<br /> �easonable wea�and tear a�d loss by casualty, conde nation and other causes beyond APTs control excepted.
<br /> Notwithstanding the foregoing, upon expiration or ea�fie tertnination of this Agreement,APT shall not�be required
<br /> to remove any foundation more than two(2)feet below rade level.
<br /> 7. 1NSURANCE. APT shall maintain commercial eneral liability insurance insuring APT against liability for
<br /> bodily injury, death or damage to personal property ari ing out of use of the Project Site by APT, with combined
<br /> single limits of Owner shall maintain oommercial general liability
<br /> insurance insuring Owner against liability far bodily inju , death or damage to personal property arising out of its
<br /> ownership, use and management of the Project Site a d Owne�s Property by Owner and Owners agents, with
<br /> combined single {imits of . Any policy required to be obtained by
<br /> a�y party hereto pursuant to this Paragraph shall co�tai a waiver of subrogation in favor of the other pa�ty hereto,
<br /> to the extent required under Paragraph 10, lndemnity.
<br /> 8. CONDITION OF PROPERTY. Owne�represe ts that the Owners Properfy and all improvements thereto,
<br /> a�e in campliance with all buildi�g, lifelsafety, a�d othe� laws, ordinances, rules and regulations of any
<br /> govemmental o�quasi-govemment authority.
<br /> 9. TERM/NAT/ON. This Agreement may be t inated by APT at any time, in its sole discretion, by giving
<br /> written notice thereof to Owner not less than 30 days pri r to the Commencement Date. Furthe�,this Agreement may
<br /> be terminated by AP� immediately, at any time, upon iving written notice to Owne�, if: (a) APT cannot obtain all
<br /> govemmental ce�tificates, permits, licenses or otfier approvals (collectively, "Approval") required and/or any
<br /> easements required from any third party; or(b)any App oval is canceled, tesminated,expires or tapses; or(c)Owner
<br /> fails to deliver any non�isturbance agreement or suborcl na6on agreement required by APT;cr(d)Owner breaches a
<br /> representation or warranty co�tained in this Agreement; or(e) Owner fails to have proper ownership of the Owners
<br /> Property and/or the Project Site and/or authority to ente into this Agreement; or(�APT detertnines that the Owners
<br /> R:�L,ega11MAIL MERGE DOCUMENTS�Basic Packase D uments�iviM Conditional SA Land Rev! 042397.doc � 2 11/21
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