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TRANSIT STATION LICENSE AGREEMENT <br />THIS TRANSIT STATION LICENSE AGREEMENT (this "Agreement") is entered <br />into as of this day of , 2017, by and between DIVOSTA HOMES, L.P., a <br />Delaware limited partnership, whose address is 1400 Indian Creek Parkway, Jupiter, Florida <br />33458 ("Licensor" or "DiVosta"), and INDIAN RIVER COUNTY, a political subdivision of the <br />State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 ("Licensee"). <br />WITNESSETH <br />WHEREAS, Licensee operates a public transit system that transports the public <br />throughout the Indian River County area; and <br />WHEREAS, it is critical to the success of the public transit system that passengers have <br />safe and convenient locations to wait for and to board vehicles; and <br />WHEREAS, it is beneficial to Licensor and their officials, employees, agents and guests <br />that vehicles operated by Licensee pick-up and drop-off passengers at the transit site located <br />along 49th Street at Lakes at Waterway Village in Indian River County; and <br />WHEREAS, the parties agree that it is in their mutual best interests that the transit site is <br />an integral part of the community and functions as a community activity station; and <br />WHEREAS, the parties agree that it is in their mutual best interests to place a <br />transportation facility at the specified site for use .as an established transit station, which will <br />provide facilities for the embarking and disembarking of passengers that are safe, convenient, <br />accessible and more comfortable for passengers to wait for transit vehicles. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements of the <br />parties, Licensor and Licensee hereby agree as follows: <br />Section 1 - Transit Site Agreement. Licensor hereby grants Licensee a license (the <br />"License") to enter upon that certain parcel of real property located along 49th Street at the <br />Lakes at Waterway Village in Indian River County, more particularly described and depicted on <br />Exhibit A and made a part hereof (the "Transit Site"), for the sole and limited purposes of <br />installing and using a transit stop, subject to all of the terms and conditions provided for herein. <br />Licensor agrees Licensee may install and use a facility for passengers which consists of a trash <br />receptacle(s), a bench(es), a sign(s), a passenger waiting shelter(s), and such other items as may <br />be mutually agreed upon by the parties and referred to as (the "Transit Station") on the Transit <br />Site. <br />Section 2 - Installation of Transit Station. Licensee shall provide all the materials and <br />labor for the construction of the Transit Station to be located on the Transit Site. Licensee shall <br />retain ownership of such Transit Station. The Transit Station shall be comparable to other transit <br />stations currently used by Licensee. If as a result of Licensee's construction of a Transit Station, <br />Licensor is required by federal, state, or local law, ordinance, order etc, to make any <br />improvements, changes or alterations ("Improvements") to the property on which Transit Site is <br />located, in order to comply with such laws, such collateral Improvements shall be the <br />WPBDOCS 9023418 2 <br />P53 <br />