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.. This instrument prepared by:
<br /> Dennis G.Pagano
<br /> Florida Power&Light Company
<br /> SUBORDINATION OF UTILITY INTERESTS
<br /> AND AGREEMENT FOR
<br /> REIlVIBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
<br /> THIS AGREEMENT,entered into this day of ,20_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 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"EXE[IBIT A"attached hereto
<br /> and made a part hereof, to the interest of the County, or its successors, for the purpose of 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 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 "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 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 the right to be
<br /> reimbursed,either now or in the future,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 of
<br /> acquiring replacement easements.
<br /> 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the 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.
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