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Site N A21`0308M_ Market: Miami FIRST AMENDMENT TO LICENSE ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS FIRST AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT LICENSE ("Amendment" or "First Amendment") is made and entered into by and between Indian River County, a Political Subdivision of the State of Florida ("The County"), and MetroPCS Florida, Inc a Delaware limited liability company FKA: MetroPCS California/Florida, Inc., ("Licensee"). RECITALS WHEREAS, The County and Licensee (or as applicable, their respective predecessors in interest) entered into a Rooftop License with Option dated March 16, 2005 (the "Licensee Elevated Water Tank Space License Agreement" hereinafter "Agreement"), with respect to the premises located at 1805 58`h Avenue in Indian River County, Florida (the "Premises") hereinafter, collectively referred to as the "License" WHEREAS, The County and Licensee desire to enter into this First Amendment in order to modify and amend certain provisions of the License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Licensee covenant and agree as follows: 1. USE The County shall have the right to modify its antenna facilities as described and depicted in Exhibit A-1, which is attached hereto and by this reference incorporated herein, and the County hereby consents to and approves of the modifications 2. LICENSE FEE Commencing the earlier of (i) the first day of the month following the commencement of construction of the modification of Licensee's equipment at the Premises or, (ii) the first day of the month following the day that is sixty (60) days from full execution of this First Amendment, the monthly license fee shall increase to Four Thousand Nine Hundred Fifty Dollars ($4,950.00) per month, , subject to a 4% annual escalator as provided in the License. 3. TERMINATION Upon execution of this Amendment, the Parties agree that Tenant may terminate this Lease upon thirty (30) days prior written notice to Landlord, for any of the following reasons: (i) changes in local or state laws or regulations which adversely affect Tenant's ability to operate; (ii) a Federal Communications Commission ("FCC") ruling or regulation that is beyond the control of Tenant; (iii) if Tenant is unable to obtain or maintain any Governmental Approval required for the construction or operation of Tenant's Antenna Facilities (iv) an event caused by the County which will prevent the authorized Use of the Premises by Licensee as described in the Agreement except within ninety (90) days prior to the expiration of an Option tenn other than the current term. In the event of any prior termination of the Agreement, Licensee agrees to pay and is obligated to pay to Licensor the License Fee as amended herein for a minimum of ten (10) years from the date that is sixty (60) days from the full execution of this First Amendment. The Licensor guarantees to waive the right to terminate for the first (10) years from the date of the execution of this First Amendment. 4. TERM OF AGREEMENT Upon the expiration of the current Renewal Term, the Agreement will renew for an initial ten (10) year term and then the Licensee has the option to extend this Agreement for three (3), additional five (5) year renewals under the same terms and conditions as set forth in this Agreement as amended by this First Amendment. TMO Signatory Level: L03 NLG -92255