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Construction Yard Agreement
<br />THIS CONSTRUCTION YARD AGREEMENT ("Agreement") is made and entered into as of
<br />March 9th , 2021 ("Effective Date") by and between Indian River County, a political subdivision of the
<br />State of Florida ("County"), whose address is 1801 27"' Street, Vero Beach, Florida 32960, and Florida
<br />Power & Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno
<br />Beach, Florida 33408.
<br />RECITALS
<br />WHEREAS, County is the fee simple owner of that certain approximately 3.5+I- acre parcel of real
<br />property depicted and described on attached Exhibit A ("Property"); and
<br />WHEREAS, FPL desires to occupy and use the Property and County desires to permit FPL to
<br />temporarily occupy and use the Property upon the terms and conditions set forth in this Agreement.
<br />NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements and
<br />promises contained herein, and other good and valuable consideration, the receipt, adequacy, and sufficiency
<br />of which are hereby acknowledged, County and FPL agree as follows:
<br />Recitals. The above recitals are true and correct and incorporated herein by this reference.
<br />2. Use. County hereby grants FPL, its contractors, employees and agents, the exclusive right to
<br />occupy and use the Property as a temporary staging and construction area for the placement of construction
<br />equipment and materials relating to construction of FPL's nearby transmission facilities, including (at FPL's
<br />discretion) installation of a security fence with a gate that can be locked, and uses incidental thereto, together
<br />with a right of access over, and on the Property, by foot and motor vehicle, including trucks and heavy
<br />equipment, for the purpose of accessing the Property, and for other uses incidental to such staging area use,
<br />and the right to cut and keep clear all buildings, structures, improvements, trees, undergrowth and other
<br />obstructions within the Property. County grants FPL, at FPL's sole cost and expense, the right to demolish
<br />and remove all existing buildings, improvements and structures currently located on the Property in
<br />accordance with all applicable governmental laws, ordinances, rules and regulations. FPL recognizes that
<br />County has an existing cattle lease operation that predates this Agreement, and, at all times, FPL's activities
<br />shall not unreasonably interfere with the existing ingress and egress afforded to the cattle lessee.
<br />County expressly agrees that it will have no right, title or interest in FPL's equipment or materials,
<br />and expressly, disclaims any right, title or interest in such materials and equipment whether arising by lien,
<br />operation of law or otherwise. County shall cooperate fully with FPL and execute all documents required by
<br />FPL or governmental or quasi -governmental authority, if any, for the purpose of securing any permits for the
<br />Property for its permitted use hereunder.
<br />3. Term. The term of this Agreement shall commence on the Effective Date and shall expire at
<br />11:59 PM on December 31, 2021 ("Term"); provided however, in the event this Agreement has not been
<br />earlier terminated pursuant to any of the provisions contained herein, then FPL may, at FPL's option, elect to
<br />extend the Term for up to two (2) additional consecutive one (1) month periods by giving County written
<br />notice thirty (30) days prior to the expiration of the then current Term.
<br />4. Liens. FPL shall not cause any liens to be filed against the Property as a result of FPL's
<br />activities on the Property. In the event that any such lien is filed against the Property, FPL will cause same to
<br />be removed within sixty (60) days following FPL's receipt of notice of same.
<br />5. Maintenance and Use. FPL shall keep the Property free of any trash or debris caused by
<br />FPL, or its contractors, employees or agents. FPL shall not allow the Property to be used for any unlawful
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