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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 /> day of , 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 28th <br /> Court(north of 49th 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: <br /> 1. Recitals. The above recitals are true and correct, and are incorporated herein. <br /> 2. Additional Equipment. 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 of the 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 /> 129 <br />