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dy <br /> o � roil <br /> ELEVATED WATER TANK SPACE LICENSE AGREEMENT between <br /> INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF <br /> FLORIDA <br /> AND <br /> OMNIPOINT HOLDINGS INC <br /> This Elevated Water Tank Space License Agreement ( " Agreement " ) is entered into this 23rd <br /> day of March , 2004, between Indian River County, a political subdivision of the State of <br /> Florida, whose address is 1840 25th Street, Vero Beach, FL 32960 (hereinafter " Licensor" ), and <br /> Omnipoint Holdings Inc . , its affiliates, successors and assigns, having an address at 8100 SW 10th <br /> St. , Building 3 , Suite 1000, Plantation Fl . 33324 (hereinafter " Licensee " ) . <br /> 1 . LO ATIO a <br /> Licensor is the owner of a parcel of land (the " Land" ) and a steel elevated water storage tank (the <br /> " Elevated Tank " ) identified as Clifford Water Tank, located at 4690 28th Court (north of 49th <br /> Street) in Indian River County, Florida (the Elevated Tank and the Land are collectively, the <br /> " Property" ) . The Land is more particularly described in Exhibit "A" annexed hereto . Licensor <br /> hereby grants to Licensee 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, ground space for the installation of <br /> a <br /> prefabricated equipment shelter or construction of a communications building to be constructed on <br /> the Property, together with permission for access and to provide utilities (collectively, the <br /> "Premises " ) as described in Exhibit ` B" attached hereto . <br /> 2 . I1SE. <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 the installation of a prefabricated equipment shelter or construction of <br /> a <br /> communications enclosure to be constructed on approximately One hundred twenty square feet <br /> ( 120 sq. ft.), and Licensor acknowledges that Licensee will run flexible coaxial transmissions lines <br /> between the various antennas on the Elevated Tank and the radio equipment located in the <br /> equipment shelter, in accordance with all applicable laws, ordinances, and administrative <br /> regulations, and in accordance with the construction plans attached hereto as Exhibit "C" . Licensor <br /> agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making application for <br /> and obtaining all licenses, permits and other necessary approvals that may be required for <br /> Licensee's above-described use of the Premises . <br /> 3 . TESTS AND CONSTRUCTION, <br /> Licensee may at any reasonable time during Licensor' s regular business hours at the Elevated Tank <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 (as defined in <br /> Paragraph 4(a) below) . <br /> Page 1 of 15 <br /> FAUtilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\T-Mobile 001 - Gifford Water Tank License to Occupy March 12, 2004.DOC <br />