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Prepared by and after <br /> Recording Return to : �( L <br /> BROAD AND CASSEL <br /> 1 North Clematis Street <br /> Suite 500 <br /> West Palm Beach , FL 33401 <br /> Attn : Clifford I . Hertz, Esq , <br /> Cingular Site : WEST VERO <br /> MEMORANDUM OF <br /> LICENSE AGREEMENT <br /> This Memorandum of License Agreement (the " Memorandum ") is made this 1st <br /> day of June , 2004 , between INDIAN RIVER COUNTY, a political subdivision of the <br /> State of Florida , whose address is 1840 25th Street , Vero Beach , FL 32960 , (the " Licensor") and <br /> BELLSOUTH MOBILITY LLC , a Georgia limited liability company, d/b/a Cingular Wireless , with <br /> an office at : 6100 Atlantic Boulevard , Norcross , Georgia 30071 (the " Licensee" ) . <br /> WITNESSETH : <br /> Licensor and Licensee entered into an Elevated Water Tank Space License Agreement <br /> on March 23 , 2004 , (the " License Agreement") for the purpose of installing , operating and <br /> maintaining a wireless communications facility and other improvements . All of the foregoing is <br /> set forth in the License Agreement . The real property, owned by the Licensor, is described in <br /> Exhibit "A" attached to the License Agreement. In consideration of the rent and covenants <br /> therein provided in the Agreement , Licensor hereby grants a license to Licensee and Licensee <br /> hereby accepts the license from Licensor for that certain property more particularly described on <br /> Exhibit "A" attached hereto and incorporated herein by reference (the " Licensed Premises ") . <br /> 1 . The term of the Agreement is for five (5 ) years commencing on the earlier of <br /> construction of Licensee Facilities or one hundred eighty ( 180 ) days from full execution of this <br /> Agreement (" Commencement Date " ) and terminating on the fifth anniversary of the <br /> Commencement Date with three ( 3 ) successive five (5 ) year options to renew, at Licensee ' s <br /> option . <br /> 2 . Licensee further has the option to extend the Initial Term for three (3 ) additional <br /> consecutive five ( 5 ) year periods upon the terms and conditions set forth in the <br /> License <br /> Agreement (the " Extension Options ") . If all Extension Options to renew are exercised , the term <br /> of the License Agreement will expire twenty (20 ) years after the Commencement Date . For <br /> purposes of providing notice to third parties hereunder, it shall be presumed that the Extension <br /> Options have been exercised in the future unless Licensee executes and records in the public <br /> records an instrument which indicates that an Extension Option has not been exercised or this <br /> Memorandum has been terminated . <br /> 3 . Licensor covenants that Licensee , on paying the rent and performing the <br /> covenants set forth in the License Agreement , shall peaceably and quietly have , hold , and enjoy <br /> the Licensed Premises . <br /> WPB 1 \REALESn128884 .4 <br /> 28403/0194 CS 4/12/2004 <br />