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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />LINEAR FACILITIES POLE ATTACHMENT AGREEMENT BETWEEN <br />CITY OF VERO BEACH, FLORIDA, <br />INDIAN RIVER COUNTY, FLORIDA, <br />SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA <br />AND <br />FLORIDA POWER & LIGHT COMPANY <br />THIS AGREEMENT (this "Agreement"), made this ,day of December 2018 (the <br />"Effective Date"), by and among the CITY OF VERO BEACH, FLORIDA, a municipal corporation <br />organized under the laws of the State of Florida ("COVB"), the SCHOOL BOARD OF INDIAN <br />RIVER COUNTY, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida <br />(such three parties being hereinafter collectively referred to as "Licensee") and FLORIDA <br />POWER & LIGHT COMPANY, a corporation organized and existing under the laws of Florida. <br />(hereinafter referred to as "FPL") with its principal place of business in Miami -Dade and Palm <br />Beach Counties, Florida. <br />WITNESSETH: <br />WHEREAS, COVB has entered into an Asset Purchase and Sale Agreement with FPL <br />dated as of October 24, 2017, as amended, pursuant to which FPL is purchasing from COVB. <br />certain electric utility assets and certain associated liabilities used in the electric utility business <br />operated by COVB (the "Sale Transaction"); <br />WHEREAS, Licensee owns a fiber optic system used for communications among Licensee <br />entities, which fiber optic system has been attached to the electric utility poles owned by COVB <br />and which poles will be sold to FPL in the Sale Transaction; <br />WHEREAS, entry into this Agreement among Licensee and FPL is a condition to closing <br />the Sale Transaction; <br />WHEREAS Licensee desires to keep the cables, wires and appliances that comprise the <br />fiber optic system attached -to the poles being sold to FPL in the Sale Transaction, and to construct <br />New Attachments (as hereinafter defined), if necessary, for the maintenance of the System (as <br />hereinafter defined); <br />WHEREAS FPL is willing to permit, to the extent it may lawfully do so, the continued <br />attachment of the System, as defined below, to the poles where the System is currently attached <br />as of the Effective Date and to permit New Attachments pursuant to the terms and conditions set <br />forth herein; <br />Per the Amendment to the Revised and Restated Joint Fiber Optics Project Interlocal <br />Agreement between Licensee members, and except as otherwise provided in this Agreement, the <br />owner of specified Attachments is responsible for all removal, relocation, upgrade, Make- Ready <br />Work, or Rearrangement costs associated with this Agreement.; and <br />WHEREAS, COVB and FPL recognize that Indian River County undertook significant <br />efforts to not only support the Sale Transaction, but also assist in making the Sale Transaction <br />happen; '' <br />Confidential 1 Linear Facilities Attachment Agreement 116402702.1 <br />