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Licensee Site IDN: M160XC240 <br />Licensee Site Name: Gifford/Gifford Water <br />THIRD AMENDMENT TO <br />ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br />THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the <br />22nd day of October , 2019, to that certain Elevated Water Tank Space License <br />Agreement, dated August 16, 2005, by and between Indian River County, a political subdivision <br />of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the <br />"Licensor") and Sprint_ Spectrum Realty Company L.P., a Delaware limited partnership as <br />successor -in -interest to Nextel South Corp., a Georgia corporation whose address is 6391 Sprint <br />Parkway, Overland Park, Kansas 66251-2650 (the "Licensee"). <br />WHEREAS, on August 16, 2005, Licensor and Licensee's predecessor in interest entered <br />into an Elevated Water Tank Space License., Agreement in which Licensor authorized certain use <br />of the Land and Elevated Tank, as set forth more fully therein, which Agreement was amended by <br />that certain First Amendment to Elevated Water Tank Space License Agreement, dated July 18, <br />2006 (the "First Amendment"), and by that certain Second Amendment to Elevated Water Tank <br />Space License Agreement dated November 12, 2013 (the "Second Amendment") collectively, the <br />"Agreement" and. <br />WHEREAS, Licensor is the owner of a parcel of land (the "Land") and a steel elevated <br />water storage tank (the "Elevated Tank") indentified as Gifford Water Tank, located at 4690 28t` <br />Court (north of 49t` Street) in Indian River County, Florida, <br />WHEREAS, Licensee desires to install additional Licensee Facilities ("Additional <br />Equipment") on the Elevated Tank, which equipment is described more fully on Exhibit D-1 <br />attached hereto ("Construction Drawings"); and <br />WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and <br />related use of the Land and Elevated Tank, in accordance with the terms of this Third Amendment, <br />NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good <br />and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the <br />parties hereby agree as follows: r <br />1. Recitals. The above recitals are true and correct, and are incorporated herein. <br />2. Additional E ui ment. Licensee shall have the right to install the Additional <br />Equipment on the Elevated Tank, subject to the remaining terms of the Agreement and this Third <br />Amendment. Installation of the Additional Equipment shall be strictly in accordance with the <br />plans previously submitted by Licensee and approved by Licensor's outside contractor ("Plans"). <br />No later than ninety (90) days after installation ofthe Additional Equipment, Licensee shall obtain, <br />at Licensee's expense, an inspection conducted by Licensor's outside contractor of the Additional <br />Equipment and the installation to confirm compliance with the Plans. Any material non- <br />compliance with the Plans shall immediately be corrected. <br />