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jo ,c y -- � Lessee' s Site ID : South Reverse Osmosis, No. 69023 TRI-PARTY SUBLEASE AGREEMENT This Tri -Party Sublease Agreement ("Agreement") is made and entered into this 24th day of Octoher , 2006 by and among INDIAN RIVER COUNTY, a political subdivision of the State of Florida, with a mailing address located at 1840 251h Street, Vero Beach, Florida 32960, hereinafter designated " Owner", and VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless, with its principal office located at 180 Washington Valley Road, Bedminster, New Jersey 07921 , hereinafter designated " Lessee" , and NEW CINGULAR WIRELESS PCS , LLC, a Delaware limited liability company d/b/a Cingular Wireless, with its mailing address located at 6100 Atlantic Boulevard, Norcross, Georgia 30071 , hereinafter referred to as " Sublessee" . RECITALS WHEREAS , Owner is the owner of certain real property situated at 1550 9`I' Street SW, City of Vero Beach, Indian River County, Florida 32962 (hereinafter the "Property") . WHEREAS , Owner and Lessee entered into that certain Land Lease Agreement dated July 19, 2005 (hereinafter referred to as the "Prime Lease "), attached hereto as Exhibit 1 , whereby Lessee leased a portion of the Property legally described in the Prime Lease ( herein the "Premises") for the purpose of constructing and operating a communications tower and facilities . WHEREAS , Sublessee desires to sublease from Lessee both ground space and tower space to install, maintain and operate a communications facility. WHEREAS , Section 32 of the Prime Lease requires any sublessee co-locating within the Premises to execute this Agreement. WHEREAS , this Agreement shall constitute Lessee's written notice to Owner of a sublease of the Premises as required by Section 32 of the Prime Lease. NOW, THEREFORE , for and in consideration of the covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows : 1 . The foregoing Recitals are true and correct and are incorporated herein by reference. 2 . Pursuant to Section 32 of the Prime Lease, Sublessee acknowledges and agrees that any sublease rent due under that certain Supplement dated June 9, 2006 , by and between Lessee and Sublessee, hereinafter referred to as the "Sublease", is to be split equally between Owner and Lessee and that Sublessee is obligated on the first ( 151) day of each month during the term of the Sublease to pay Owner for its fifty percent (50%) share of said rent. In the event Sublessee fails to timely make any payment to Owner due under this Agreement, and such failure continues for more than fifteen ( 15) days after receipt of written notice from Owner to