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Premises and the Access Area as set forth in this Agreement upon approval by the City's voters in a referendum election to be held on November 2, 2021; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; and (d) that Lessee is entitled to access the Leased Premises at all times subject to the terms of this Agreement and to the quiet possession of the Leased Premises throughout the Term, so long as Lessee is not in default beyond the expiration of any cure period. Lessee represents and agrees that it has the right to enter into this Agreement, and that the person signing this Agreement has the authority to sign. 5. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified, return receipt requested and postage prepaid, or when sent via overnight delivery (provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender). Notices to Lessee and Owner shall be sent to the following addresses: To LESSEE: Indian River County, Florida Attn: County Administrator 1801270' Street Vero Beach, Florida 32960 To OWNER: City of Vero Beach Attn: City Manager P.O. Box 1389 Vero Beach, Florida 32961-1389 6. Improvements. The Lessee shall be responsible for any structural modifications to the Leased Facilities, which modifications shall be subject to, and only to, with applicable building land development codes. Owner agrees to reasonably cooperate with Lessee with respect to obtaining any required governmental approvals for the Leased Premises and the Improvements, at no cost to Owner. Lessee is liable for damage to the Leased Premises caused by the Improvements or the installation, removal or replacement thereof. Only one tower shall be erected on the Leased Premises limited to its existing height. 7. Compliance with Laws. To the best of Owner's knowledge, without inquiry, Owner represents that the Premises, and all improvements located thereon, are in substantial compliance with laws, codes and regulations of applicable governmental authorities. Lessee covenants that it will keep the Lessee Facilities in good repair as required by all federal, state, county and local laws, including without limitation, any federal rules and regulations with regard to the lighting, marking and painting the tower and equipment at the Premises. Lessee will further comply with all applicable laws, ordinances and regulations, including but not limited to, zoning codes, building codes and applicable safety codes relating to its specific use of the Lessee Facilities. 8. Interference. Reserved. 9. Utilities. Lessee shall pay for all utilities used by it at the Leased Premises at the rate charged by the servicing utility provider. Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). 10. Termination. (a) Unless otherwise set forth herein, this Agreement may be terminated without further liability, on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except Page 3 of 12