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r1 � �rf <br /> Prepared hy, record and return to: <br /> Indian River County Attorney'q Office f 3 . <br /> 1801271, Strcet, Vero Beach, FL 32960 <br /> ao � � - o cac� 215460 $ <br /> THIS DOC MEN I HAS BEEN <br /> RECORDED IN THE PUBLIC RECORDS <br /> OF INDIAN RIVER COUNTY Fl. <br /> BK : 2557 PG : 448 . Pagel o17 <br /> 02i2412012 at 03 . 35 PM , <br /> JEFFREY K BARTON , CLERK OF <br /> COUR1 <br /> CITY/COUNTY RIGHT- OF-WAY AGREEMENT <br /> FOR UNDERGROUND INSTALLATIONS (NON- CONVERSIONS) <br /> THIS AGREEMENT (the " Agreement " ) is made and entered into as of the 201h day of <br /> January , 2012 by and between Indian River County ("Local Government '), a Florida municipal <br /> corporation or county with an address of 1801 271H Street, Vero Beach, FL 32960 - 3365 and <br /> Florida Power & Light Company ("FPL ') , a Florida corporation with an address of P . O . Box <br /> 14000 , 700 Universe Boulevard , Juno Beach, FL 33408 - 0429 . <br /> WHEREAS , Local Government has requested that FPL install certain underground <br /> electric distribution facilities to be located within the following boundaries (the "Installation ') : <br /> starting at FPL ' s Rosedale substation, going West 610 ' on 12th St . or " Rosedale <br /> Rd . " West to 58th Ave . , heading South 2 . 55 miles on 58th Ave . from 12t" St . to <br /> Oslo Rd . or 9th St . S . W, heading West 2 . 23 miles on Oslo Rd . or 9th St . SW from <br /> 58th Ave . to 925 74th Ave . SW , <br /> which installation may include transformers , switch cabinets and other appurtenant facilities <br /> some of which may be installed above ground (collectively , the "Underground Facilities ') and <br /> has further requested that certain of the Underground Facilities be placed in certain of its road <br /> rights-of-way ("Local Government ROW') and/or certain road rights - of-way owned by or under <br /> the jurisdiction of other agencies ("Other ROW' ) . Local Government ROW and Other ROW <br /> may be referred to collectively as "ROW and <br /> WHEREAS , certain FPL customer( s) ("Customer" or " Customers") to be served by the <br /> Underground Facilities (not the Local Government) have agreed to pay FPL the cost of such <br /> Installation as required by FPL ' s electric tariff and Section 25 - 6 . 064 of the Florida <br /> Administrative Code , and such FPL customers have or will enter into a separate Underground <br /> Distribution Facilities Installation Agreement with FPL ; and <br /> WHEREAS , FPL is willing, subject to the terms and conditions set forth in this <br /> Agreement, FPL ' s electric tariff and Sections 25 - 6 . 064 and 25 - 6 . 0341 of the Florida <br /> Administrative Code , to place certain of the Underground Facilities in the ROW . <br /> NOW THEREFORE , in recognition of the foregoing premises and the covenants and <br /> agreements set forth herein , and other consideration the sufficiency of which is hereby <br /> Page 1 of 7 <br />