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Lessee's Site ID: Indian River Sea Oaks, No. 69022 <br />Sublessee's Site ID: Vero Disney <br />TRI -PARTY SUBLEASE AGREEMENT <br />&j_ <br />This Tri -Party Sublease Agreement ("Agreement") is made and entered into this <br />day of 2009 by and among INDIAN RIVER COUNTY, a political <br />subdivision of thState of Florida, with a mailing address located at 1801 27th Street, Vero Beach, <br />Florida 32960, hereinafter designated "Owner", and VERIZON WIRELESS PERSONAL <br />COMMUNICATIONS LP dib/a Verizon Wireless, with its principal office located at One Verizon <br />Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920, hereinafter designated "Lessee", and <br />NEW CINGULAR WIRELESS PCS, LIX, a Delaware limited liability company with its mailing <br />address located at 12555 Cingular Way, Alpharetta, Georgia 30004, hereinafter referred to as <br />"Sublessee". <br />RECITALS <br />WHEREAS, Owner is the owner of certain real property situated at 8865 N, Flwy, AIA, <br />Vero Beach, Indian River County, Florida 32963 (hereinafter the "Property"). <br />WHEREAS, Owner and Lessee entered into that certain Land Lease Agreement dated <br />February 20, 2007 (hereinafter referred to as the "Prime Lease"), attached hereto as Exhibit 1, <br />whereby Lessee leased a portion of the Property legally described in the Prime Lease (herein the <br />"Premises") for the purpose of constructing and operating a communications tower and facilities. <br />WHEREAS, Sublessee desires to sublease from Lessee both ground space and tower <br />space to install, maintain and operate a cornmuni cations facility. <br />WHEREAS, Section 32 of the Prime Lease requires any sublessee co -locating within the <br />Premises to execute this Agreement. <br />WHEREAS, this Agreement shall constitute Lessee's written notice to Owner of a <br />sublease of the Premises as required by Section 32 of the Prime Lease. <br />NOW, THEREFORE, for and in consideration of the covenants and conditions set forth <br />herein, and other good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the parties hereto hereby agree as follows: <br />,1 <br />The foregoing Recitals are true and correct and are incorporated herein by <br />reference. <br />2. Pursuant to Section 32 of the Prime Lease, Sublessee ackii wlcd cs and agrees <br />that any sublease rent due under that certain Supplement Agreement datedL,C, <br />2009, by and between Lessee and Sublessee, hereinafter referred to as the `�ublease", is to be <br />