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FL Cingular Sites 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 /> 23rd_ dayof 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 /> 1 . LOC' ATIO a <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 58th 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 /> 2. USE. <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 /> 3 . TESTS AND CONSTRUCTION, <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 P defined in <br /> Paragraph 4(a) below) . <br /> Page 1 of 14 <br /> F:\Utilities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wireless Info\Cingular 007 - Kings Hwy Water Tank License to Occupy Mar 08, 2004.DOC <br />