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te_,) <br /> LICENSE AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> THE CITY OF FELLSMERE, FLORIDA <br /> FOR THE USE OF DARK FIBER OPTIC CABLE <br /> THIS LICENSE AGREEMENT is made this day of March, 2016 by and between <br /> INDIAN RIVER COUNTY, a political sub-division of the State of Florida, whose mailing <br /> address is 1801 27TH Street, Vero Beach, Florida 32960 (hereinafter"IRC" and as further <br /> defined in Article 2, below) and the CITY OF FELLSMERE, a political sub-division of the <br /> state of Florida, whose mailing address is 22 South Orange Street, Fellsmere, Florida <br /> 32948 (hereinafter "LICENSEE" and as further defined in Article 2, below). <br /> WITNESSETH: <br /> WHEREAS, IRC has constructed and may cause to be constructed, from time to <br /> time, a Fiber Optic System which will be employed to facilitate the availability of state-of- <br /> the-art telecommunications, and <br /> WHEREAS, pursuant to the Fiber Optic Cable System Maintenance Agreement <br /> with the Florida Department of Transportation and the Revised & Restated Joint Fiber <br /> Optics Project Interlocal Agreement, IRC is allowed to use a certain number of fibers for <br /> non-traffic, public purposes; and <br /> WHEREAS, IRC desires to make a portion of the Fiber Optic System available for <br /> use by LICENSEE under the terms and conditions set out in this Agreement; and <br /> NOW THEREFORE, IRC authorizes LICENSEE to use a portion of the Fiber Optic <br /> System in accordance with the Provisions hereof, and LICENSEE will use a portion of <br /> the Fiber Optic System in accordance with the Provisions hereof and all applicable <br /> Federal, State and local laws. In consideration of the mutual covenants contained herein <br /> and for other good and valuable consideration, the Parties agree as follows: <br /> ARTICLE 1 <br /> ADOPTION AND INCORPORATION OF RECITAL <br /> AND INCORPORATION OF EXHIBITS <br /> 1.1 Adoption & Incorporation Of Recital. The above recital is true and correct and by <br /> this reference is incorporated herein and made a part hereof. <br /> 1.2 Exhibits. The following attached Exhibits are hereby incorporated into and made <br /> a part of this Agreement: <br /> Exhibit "A" - Route Diagram <br /> Exhibit "B" - Fiber Specifications and Connection Details <br /> Exhibit "C" - Contact List and Outage Notice Form <br /> 1 <br />