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BK: 3054 PG: 2310 <br />1. The COUNTY shall have the right to construct, operate, maintain, <br />improve, add to, upgrade, remove, and relocate facilities on, <br />within, and upon the lands described herein in accordance with the <br />FDOT'S current minimum standards for such facilities as required by <br />the FDOT, Utility Accommodation Manual in the effect at the time <br />the agreement is executed. Any new construction or relocation of <br />facilities within the lands will be subject to prior approval by <br />the FDOT. Should the FDOT fail to approve any new construction or <br />relocation of facilities by the COUNTY or require the COUNTY to <br />alter, adjust, or relocate its facilities located within said lands, <br />the FDOT hereby agrees to pay the cost of such alteration, <br />adjustment, or relocation, including, but not limited to the cost <br />of acquiring appropriate easements. <br />2. Not withstanding any provisions set forth herein, the terms of the <br />utility permits shall supersede any contrary provisions, with the <br />exception of the provision herein with reimbursement rights. <br />3. The COUNTY shall have a reasonable right to enter upon the lands <br />described herein for the purposes outlined in Paragraph 1 above, <br />including the right to trim such trees, brush, and growth which <br />might endanger or interfere with such facilities, provided that <br />such rights do not interfere with the operation and safety of the <br />FDOT's facilities. <br />4. The COUNTY agrees to repair any damage to FDOT facilities and to <br />indemnify the FDOT against any loss or damage resulting from the <br />COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. <br />Page 3 of 6 <br />