ELEVATED WATER TANK SPACE LICENSE AGREEMENT between `
<br /> INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
<br /> FLORIDA F L
<br /> AND
<br /> METROPCS CALIFORNIA/FLORIDA, INC. PCS SITE AGREEMENT
<br /> This Elevated Water Tank Space License Agreement ( " Agreement " ) is entered into this
<br /> 16' day of March , 2005 , between Indian River County, a political subdivision of the
<br /> State of Florida, whose address is 1840 25h Street, Vero Beach, FL 32960 (hereinafter " The
<br /> County), and MetroPCS California/Florida, Inc . , (hereinafter MetroPCS or Licensee), and its
<br /> affiliates , successors and assigns, having an address at 1401 NW 136`" Avenue, Suite 304 , Sunrise,
<br /> FL. 33323 .
<br /> 1 . LOCATION.
<br /> The County is the owner of a parcel of land (the " Land " ) and a steel elevated water storage tank,
<br /> (the " Elevated Tank " ) , identified as Gifford Water Tank, located at 4690 28`" Court (North of 49`h
<br /> Street in Indian River County, Florida. (The Elevated Tank and the Land are collectively, the
<br /> " Property " ) . The property is more particularly described in Exhibit "A" annexed hereto . County
<br /> hereby grants to MetroPCS , a non-exclusive license to enter upon the Land, and use space for the
<br /> mounting of various antennas and associated equipment, including, but not limited to coaxial cables
<br /> and supports on the exterior of the Elevated Tank and ground space for its equipment, together with
<br /> permission for access and to provide utilities (collectively, the "Premises " ) as described in Exhibit
<br /> "B " attached hereto .
<br /> 2a USE.
<br /> The Premises may be used by Licensee solely for installation, operation, and maintenance of a
<br /> communications facility and uses incidental thereto , as determined by Licensee , now or in the
<br /> future to meet Licensee ' s telecommunications needs on the exterior of the Elevated Tank and
<br /> ground space for equipment on approximately two hundred square feet (200 sq . ft . ) , and Licensor
<br /> acknowledges that Licensee will run flexible coaxial transmissions lines between the various
<br /> antennas on the Elevated Tank and the radio equipment located on the ground, in accordance with
<br /> all applicable laws, ordinances, and administrative regulations, and in accordance with the
<br /> construction plans attached hereto as Exhibit "C" . Licensor agrees to cooperate reasonably with
<br /> Licensee , at Licensee' s sole expense , in making application for and obtaining all licenses, permits
<br /> and other necessary approvals that may be required for Licensee's above-described use of the
<br /> Premises .
<br /> 3. TESTS AND CONSTRUCTION,
<br /> Following the full execution of this Agreement and Licensee ' s provision of proof of required
<br /> insurance, and following notice to Licensor' s Utility Services Director or his designee, enter upon
<br /> the Premises for the purpose of making appropriate engineering and boundary surveys, structurals ,
<br /> environmental or other inspections , and constructing the Licensee Facilities at any reasonable time
<br /> during the County ' s regular business hours, (as defined in Paragraph 4(a) below) .
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