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:APR 211992 JOINT POLE USE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1982, by and between Indian River County, herein- after referred to as the PUBLIC BODY, and FLORIDA POWER 6 LIGHT COMPANY, a Florida corporation having its principal office in Miami, Florida, hereinafter referred to as FPL. The Florida Department of Transportation will hereinafter -be referred to as DEPARTMENT. t WITNESSETH: WHEREAS, FPL occupies public ways, streets and private properties with an unspecified number of poles upon which are attached electric transmission and distribution lines, street lighting systems, communi- cations lines and appurtenances; and the PUBLIC BODY also similarly occupies public ways with poles upon which are attached tariff control systems; and, WHEREAS, FPL and the PUBLIC BODY desire to cooperate in jointly using each other's poles under one or more of the above conditions when the conditions determining the necessity or desirability of joint use depend upon the requirements to be met by both parties, including consideXaigps of safety end economy, and each party should be the judge of what the character of its circuits should be to meet its requirements and as to whether or not these requirements can be properly met by the joint use of poles; _ NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, FPL and the PUBLIC BODY agree as follows: 1. When either party wishes to use the poles of the other party, said using party (a party making a joint use attachment) shall make an application to the owner party (the party owning the pole) in the form of EXHIBIT A, hereto attached and made a part hereof, placing those facilities under terms of'this agreement. Before attaching to any poles,.using party shall obtain the approval of the owner party, said approval being subject fo the sole and absolute discretion of owner party. 2. FPL's use of the pole subject to this agreement shall be confined to the transmission and distribution of electricity and street light systems in pursuit of its business of serving the public; and the PUBLIC BODY's use of the poles subject to this agreement shall be confined to that necessary for the operation and support of traffic control systems. 3. Both PUBLIC BODY and FPL shall, at their own expense, make and maintain said attachments in safe condition and in thorough.repair, and in a manner so that they will not conflict with the use of said poles by the owner or by other utility companies using said poles, or interfere with the working use of facilities thereon or which may from time to time be placed thereon. It is understood and agreed that either party hereto may, at any time, and whether with or without cause, terminate joint usage for any pole or poles by mailing written notice in the form of EXHIBIT B of its intent to do so. The using party shall forthwith, at its own expense, within thirty (30) days after its notice to terminate or the owner party's notice, remove, relocate, replace, or renew its facilities placed on any pole or pole line, or transfer them to substituted poles, or perform any other work in con- nection with said facilities that may be required by the owner party; provided, however, that after giving thirty (30) days notice, or without T