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f yM�lV JI 4 �` <br />FL Cingular Site: West Vero <br />ELEVATED WATER TANK SPACE LICENSE AGREEMENT between <br />INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF <br />FLORIDA, AND BELLSOUTH MOBILITY LLC <br />This Elevated Water Tank Space License Agreement ("Agreement") is entered into this — <br />23rc1_ day of _March , 2004, between Indian River County, a political <br />subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960 <br />(hereinafter "Licensor"), and BellSouth Mobility LLC, a Georgia limited liability company, d/b/a <br />Cingular Wireless, its affiliates, successors and assigns, having an address at 6100 Atlantic <br />Boulevard, Norcross, Georgia 30071 (hereinafter "Licensee"). <br />Licensor is the owner of a parcel of land (the "Land") and a steel elevated water storage tank (the <br />"Elevated Tank") identified as Kings Highway Water Tank and located at 1805 58 Avenue <br />(College Lane west of 58a' Avenue), in Indian River County, Florida (the Elevated Tank and the <br />Land are collectively, the "Property"). The Land is more particularly described in Exhibit "A" <br />annexed hereto. Licensor hereby grants to Licensee a non-exclusive license to enter upon the Land <br />and use space for the mounting of various antennas and associated equipment, including, but not <br />limited to coaxial cables and supports on the exterior of the Elevated Tank, ground space for the <br />installation of a prefabricated equipment shelter or construction of a communications building to be <br />constructed on the Property, together with permission for access and to provide utilities <br />(collectively, the "Premises") as described in Exhibit `B" attached hereto. <br />The Premises may be used by Licensee solely for installation, operation, and maintenance of a <br />communications facility and uses incidental thereto, as determined by Licensee, now or in the <br />future to meet Licensee's telecommunications needs on the exterior of the Elevated Tank and <br />ground space for the installation of a prefabricated equipment shelter ten feet by twelve feet (10' x <br />12') or construction of a communications enclosure to be constructed on approximately six hundred <br />sixty square feet (660 sq. ft.), and Licensor acknowledges that Licensee will run flexible coaxial <br />transmissions lines between the various antennas on the Elevated Tank and the radio equipment <br />located in the equipment shelter, in accordance with all applicable laws, ordinances, and <br />administrative regulations, and in accordance with the construction plans attached hereto as Exhibit <br />"C". Licensor agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making <br />application for and obtaining all licenses, permits and other necessary approvals that may be <br />required for Licensee's above-described use of the Premises. <br />Licensee may at any reasonable time during Licensor's regular business hours at the Elevated Tank <br />following the full execution of this Agreement and Licensee's provision of proof of required <br />insurance, and following notice to Licensor's Utility Services Director or his designee, enter upon <br />the Premises for the purpose of making appropriate engineering and boundary surveys, structurals, <br />environmental or other inspections, and constructing the Licensee Facilities (as ' defined in <br />Paragraph 4(a) below). <br />Page I IM <br />FAUvlid=WTJUTV - ENGINEERING\WfP - South RO Cellular Antema and Wi cku Info\Ck%uW 007 - Kinp Hwy Water Tank Licem to Occupy My 09, 2004.DOC <br />