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Structure No.: 82W2 -82W1
<br />Section 19, Township 31S, Range 38E:
<br />EasementNo.: C14300370
<br />Parcel ID:
<br />(Maintained by County Appraiser)
<br />RIGHT-OF-WAY CONSENT AGREEMENT
<br />(Governmental Entity)
<br />FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Company"), with a mailing
<br />address at P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereby
<br />consents to Indian River County, a Political Subdivision of the State of Florida, ("Licensee"), whose mailing
<br />address is 180127' Street, Vero Beach, Florida 32960 using that certain area within Company's right-of-way
<br />granted by that certain agreement recorded in Official Record Book 38, at Page 257, Official Record Book 194,
<br />at Page 474, Public Records of Indian River County, Florida, as more particularly described on Exhibit A
<br />attached hereto ("Lands"). Licensee's use of the Lands shall be solely for the purpose of construction of a
<br />paved walking trail with a constant 6 -inch rise in grade as shown on the plans and specifications submitted by
<br />Licensee, and attached to this Right -of -Way Consent Agreement (Governmental Entity) ("Agreement") as
<br />Exhibit B, and for no other purpose whatsoever.
<br />In consideration for Company's consent and for the other mutual covenants set forth below, and for
<br />Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby
<br />acknowledged, the parties hereto agree as follows:
<br />1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event
<br />Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in
<br />connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal,
<br />state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by
<br />Licensee pursuant to this Agreement.
<br />2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is
<br />subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents,
<br />and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the
<br />Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any
<br />facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or
<br />operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in
<br />the exercise of such rights and interest, Company from time -to -time may require Licensee, to relocate, alter, or
<br />remove its facilities and equipment, including parking spaces and areas, and other improvements made by
<br />Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly
<br />and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove
<br />said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving
<br />notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and
<br />expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any
<br />reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands
<br />and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas,
<br />and other improvements and Licensee hereby agrees to immediately reimburse Company for all of its costs and
<br />expense incurred in connection therewith upon demand.
<br />3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company,
<br />may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist.
<br />Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive
<br />Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]),
<br />Form 3740GROW Rev. 09/22/15
<br />Page 1 of 6
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