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PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the COUNTY'S current minimum standards for such facilities as required by the COUNTY'S applicable procedure or guidelines, in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the COUNTY. Should the COUNTY fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the COUNTY hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the COUNTY Is facilities. , 4. The CITY agrees to repair any damage to COUNTY facilities and to indemnify the COUNTY against any loss or damage resulting from the CITY's negligence in exercising its rights outlined in Paragraphs 1 and 3 above. Except to the extent provided by section 768.28, Florida Statutes, nothing in this Agreement shall be construed or intended to be a waiver of the parties' sovereign immunity whether by contract or by law. (Signature pages to follow) Page 3 of 5 P80