2024-002 - Laserfiche WebLink

Home Browse Search

3120240004201 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3675 PG: 478 Page 1 of 8 1/30/2024 9 52 AM Prepared by and after recording return to: Seth S. Sheitelman, Esq. Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 FENCE ENCROACHMENT AGREEMENT THIS FENCE ENCROACHMENT AGREEMENT ("Agreement") is made this fth day of January, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, Attn: Corporate Real Estate Department. The County and FPL are sometimes individually referred to herein as a "Party" and collectively as the "Parties." Recitals WHEREAS, FPL owns that certain real property located at 1480 27"' Avenue SW, Vero Beach, Indian River County, Florida having Indian River County Parcel Identification Number 33392600006000200009.0 ("FPL Property"); WHEREAS, the County owns that certain real property located adjacent to and contiguous with the FPL Property ("County Property"); WHEREAS, FPL's existing fence encroaches onto the County Property ("Encroachment") as reflected on the drawing attached hereto as Exhibit A and by this reference made a part hereof ("Encroachment Area"); and WHEREAS, FPL has requested consent from the County to keep, maintain, repair, replace and enjoy the Encroachment upon the County Property within the Encroachment Area, and the County is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Agreement, FPL and the County hereby agree as follows: 1. Recitals. The Parties agree that the foregoing recitals are true and correct and are incorporated -herein by this reference. 2. Encroachment. The County hereby consents for FPL to maintain, use, operate, repair, replace and enjoy the Encroachment on the County Property within the Encroachment Area, subject to compliance with the following terms and conditions: a. FPL shall keep the Encroachment Area free of any trash or debris caused solely and directly by FPL, or its contractors, employees or agents. FPL shall not allow the Encroachment Area to be used for any unlawful purpose. FPL shall comply with all