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(g) MetroPCS covenants and agrees that the Facilities and the installation, operation, and <br /> maintenance of, shall not damage or impair the strength of the Elevated Tank nor the accessories <br /> thereto , nor will any other of their equipment interfere with the County' s use of the Elevated Tank. <br /> MetroPCS , after receipt of written documentation, will be responsible for cost of repair for any <br /> damage caused by MetroPCS , or by its agents, employees or invitees to the Elevated Tank, or its <br /> accessories, or to any other Licensee ' s equipment. <br /> (h) MetroPCS shall equip the Facilities with hurricane protection, lightning protection, and <br /> power surge protection. <br /> ( i ) In the event MetroPCS needs to install utility services underground on the Property, <br /> Licensee shall submit to Licensor for approval or disapproval construction plans showing the <br /> location and path of any proposed trench or other excavation prior to the commencement of any <br /> work . Licensee shall be responsible for obtaining all necessary permits , and shall perform any <br /> trenching or excavation in a proper, workmanlike manner to prevent any interference with <br /> Licensor' s or any other Licensee ' s property or equipment or use of the Property . <br /> 5. TERMS OF AGREEMENT <br /> The initial terms of this Agreement shall be five (5 ) years commencing at the full execution of this <br /> Agreement. The Agreement shall terminate on the day preceding the fifth anniversary of the <br /> Commencement Date, unless otherwise terminated as provided herein . In the event that the <br /> Licensee is not in default in the performance of any term or condition of the Agreement, MetroPCS <br /> shall have the option to renew this Agreement for up to three (3 ) successive, five (5 ) year terms <br /> under the same terms and conditions as set forth herein, or except as otherwise agreed to by both <br /> parties . Each option for renewal shall be deemed automatically exercised with notice byMetroPCS , <br /> to The County, unless Licensee provides written notice of intent not to renew to The County at least <br /> six (6) months prior to expiration of the current term. <br /> 6 . LICENSE FEE <br /> a) Beginning on the commencement date , , MetroPCS shall pay to The County, an annual <br /> license fee of TWENTY THOUSDAND AND 00/ 100 DOLLARS , ( $ 20 , 000 . 00) , to be <br /> paid in equal monthly installments of ONE THOUSAND SIX HUNDRED SIXTY SIX , <br /> and 67/ 100 DOLLARS , ($ 1 , 666 . 67) , to be paid on the first of the month starting from <br /> execution of these documents , without deduction or offset, at such place or places as may <br /> be designated, in writing, by The County at least thirty (30) days in advance of any <br /> payment date . MetroPCS shall pay all prevailing Florida sales taxes , if applicable , <br /> tangible property taxes associated with the Licensee ' s facilities , and intangible property <br /> taxes , as may be applicable . <br /> b) The license fee shall increase annually by four (4%) percent over the license fee for the <br /> previous year. Such increase shall occur on October 1St of every year, at the beginning of <br /> The County ' s fiscal year . <br /> c) Licensee shall have the right, at its sole discretion and expense , to use a direct deposit <br /> Page 3 of 15 <br /> C:\Documents and Settings\IU Bob Armijo\Desktop\oPCS003-KingsHighwayWaterTankLicensetoOccupyMarchl5,2005 .doc <br />