|
D I /p 8113
<br /> This instrument prepared by: '
<br /> Dennis G. Pagano aLO 13 • ©O 1
<br /> Florida Power & Light Company
<br /> SUBORDINATION OF UTILITY INTERESTS
<br /> AND AGREEMENT FOR
<br /> REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
<br /> THIS AGREEMENT, entered into this B± h day of ,7anu= , 20U by and between the COUNTY OF INDIAN
<br /> RIVER, STATE OF FLORIDA, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida
<br /> Corporation, whose mailing address is P. O. Box' 14000, Juno Beach, Florida 33408, hereinafter called "Utility" .
<br /> WITNESETH,
<br /> WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway
<br /> purposes; and
<br /> WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed
<br /> in such lands by Utility to the County; and
<br /> WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
<br /> way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and
<br /> WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay
<br /> for
<br /> any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit
<br /> "A ", attached hereto and made a part hereof,
<br /> NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and
<br /> County agree as follows .
<br /> UTILITY subordinates any and all of its interest in its easement lands described on " EXHIBIT All attached hereto
<br /> and made a part hereof, to the interest of the County, or its successors, for the purpose of
<br /> constructing, improving,
<br /> maintaining and operating a road over, through, upon, and/or across such Lands, based on the following.
<br /> Nature of Date From In Favor of Recorded
<br /> Encumbrance I Book-Page
<br /> EASEMENT December 14, 1972 Edith Bennett Florida Power & Light Company BK424 PG693
<br /> EASEMENT January 16, 1973 Betty Kaczorowski Florida Power & Light Company BK428 PG424
<br /> The County and the Utility further agree that.
<br /> 1 . "Public right-of-way" , as used herein, shall mean that area which is described in Exhibit "A" and which includes the
<br /> Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit
<br /> "A" ,
<br /> attached hereto and made a part hereof.
<br /> 2 . The Utility shall have the right to construct, operate, ;maintain, improve, add to, upgrade, remove, and.
<br /> relocate
<br /> facilities on, within, and upon the public right-of--way described in Exhibit "A" , in accordance with the County's
<br /> current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
<br /> of facilities within the public right-of-way will be subject to prior approval by the County.
<br /> 3 . The County shall pay for the relocation of existing facilities. In addition, the Utility retains
<br /> the right to be
<br /> reimbursed, either now or in the foture, for additional relocation or adjustment of its facilities located presently or to�
<br /> be located on the public right-of-way described in Exhibit "A" , if such relocation or adjustment is caused by present
<br /> or future uses of the right-of--way by Indian River County or its assigns, including, . but not limited to, the cost
<br /> of
<br /> acquiring replacement easements.
<br /> 4 . The Utility shall have the right to enter upon the lands described in Exhibit "A " for the
<br /> purposes outlined in
<br /> Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
<br /> such facilities . County shall provide and insure access to said lands by the Utility.
<br /> 1
<br />
|