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LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") entered into effective as of this 1st day of October, 2005 , between M/A- COM , Inc . , a Florida corporation , whose mailing address is 221 Jefferson Ridge Parkway , Lynchburg , VA 24501 , ( " M/A- COM " ) and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , whose mailing address is 1840 25th Street , Vero Beach , FL 32960 , (" County" ) . BACKGROUND RECITALS 1 . On September 28 , 2000 , Com - Net Ericsson , the predecessor in interest by assignment to M/A-COM , and the State of Florida , acting by and through the Department of Management Services and the State Technology Office acting as administrative agent for the Joint Task Force on State Agency Law Enforcement (collectively the " State ") entered into a contract anticipated to be effective through June 30 , 2021 for the purchase of Com - Net Ericsson commodities and services by all State of Florida eligible users including political subdivisions ( " Services Contract") . 2 . The Services Contract contemplates that the State will obtain and receive products and services associated with a new developing a state wide public safety radio system/800 MHz system in replacement of non - 800 MHz infrastructure that , at all times are operated in accordance with all FCC another applicable rules and regulations , and in such a manner as not to cause interference , of any kind , with any lawful radio transmissions of radio or television broadcasts in the area of the sites , or the transmission or reception of radio , television , microwave and other communication signals as conducted on the effective date of the Services Contract by existing tower users of the state . 3 . The Services Contract contemplates that M/A-COM , with the consent of the State , will make the communications system available to third party subscribers ( as each such term is defined in the Services Contract) . 4 . The County owns certain land upon which a tower (the " North Tower" ) has been erected by TALCOM , Inc . as tenant , under that certain Lease Agreement , dated December 19 , 1995 , and recorded in the Official Records of Indian River County in OR Book 1089 , Page 1827 , et . seq . , as amended by the First Amendment to Lease Agreement , dated December 9 , 1997 ( collectively the " North Tower Lease Agreement" ) . Pursuant to the terms of the North Tower Lease Agreement , the County is granted the exclusive right to locate on the top 30 feet of such Tower and the non -exclusive right to locate certain antennae and cables on the North Tower to be used for public service communication purposes by the County , the latter being effectively the ability to sublease a portion of the North Tower . 5 . In partial fulfillment of its obligations under the Services Contract to provide a fully functioning 800- MHz state-wide communications system , M/A- COM desires to obtain and use space on the North Tower that is within the County' s exclusive use area of the North Tower . 1