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qe a� t 8l � tV [ 0 ELEVATED WATER TANK SPACE LICENSE AGREEMENT between O INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND NEXTEL COMMUNICATIONS , Inc . This Elevated II1Vatei Tank Space License Agreement ( " Agreement " ) is entered into this _16th day of August , 2005 , between Indian River County , a political subdivision of the State of Florida, whose address is 1840 25 'h Street, Vero Beach, FL 32960 (hereinafter " Licensor" ), and Nextel South Corp - , a Georgia corporation , d /b/a Nextel Communications . , its affiliates, successors and assigns , having an address at 851 Trafalgar Court, Suite 300 East, Maitland, FL 32751 (hereinafter " Licensee " ) . 1 . LOCATION, Licensor is the owner of a parcel of land (the " Land " ) and a steel elevated water storage tank (the " Elevated Tank " ) identified as Gifford Water Tank , located at 4690 29th Court (north of 49th Street) in Indian River County, Florida (the Elevated Tank and the Land are collectively, the " Property" ) . The Land is more particularly described in Exhibit "A" annexed hereto . Licensor hereby grants to Licensee a non-exclusive license to enter upon the Land and use space for the mounting of various antennas and associated equipment, including, but not limited to coaxial cables and supports on the exterior of the Elevated Tank, ground space for the installation of a prefabricated equipment shelter or construction of a communications building to be constructed on the Property, together with permission for access and to provide utilities (collectively, the "Premises " ) as described in Exhibit ` B" attached hereto . 2 . USE . The Premises may be used by Licensee solely for installation, operation, and maintenance of a communications facility and uses incidental thereto , as determined by Licensee, now or in the future to meet Licensee ' s telecommunications needs on the exterior of the Elevated Tank and ground space for the installation of a prefabricated equipment shelter or construction of a communications enclosure to be constructed on approximately nine hundred square feet (900 sq . ft . ) , and Licensor acknowledges that Licensee will run flexible coaxial transmissions lines between the various antennas on the Elevated Tank and the radio equipoltnt located in the equipment shelter, in accordance with all applicable laws, ordinances , and administrative regulations , and in accordance with the construction plans attached hereto as Exhibit "C" . Licensor agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making application for and obtaining all licenses , permits and other necessary approvals that may be required for Licensee's above-described use of the Premises . 3 . TESTS AND CONSTRUCTION, Licensee may at any reasonable time during Licensor ' s regular business hours at the Elevated Tank following the full execution of this Agreement and Licensee ' s provision of proof of required insurance, and following notice to Licensor ' s Utility Services Director or his designee, enter upon the Premises for the purpose of making appropriate engineering and boundary surveys , structurals, environmental or other inspections, and constructing the Licensee Facilities (as defined in Paragraph 4 (a) below) .