Laserfiche WebLink
Prepared by and after recording return to: <br />Seth S. Sheitelman, Esq. <br />Florida Power & Light Company <br />700 Universe Boulevard <br />Juno Beach, Florida 33408 <br />FENCE ENCROACHMENT AGREEMENT <br />THIS FENCE ENCROACHMENT AGREEMENT ("Agreement') is made this _ day of <br />January, 2024 by and between Indian River County, a political subdivision of the State of Florida <br />("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960, and Florida Power & <br />Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno <br />Beach, Florida 33408, Attn: Corporate Real Estate Department. The County and FPL are <br />sometimes individually referred to herein as a "Party" and collectively as the "Parties." <br />Recitals <br />WHEREAS, FPL owns that certain real property located at 1480 27th Avenue SW, Vero <br />Beach, Indian River County, Florida having Indian River County Parcel Identification Number <br />33392600006000200009.0 ("FPL Property"); <br />WHEREAS, the County owns that certain real property located adjacent to and contiguous <br />with the FPL Property ("County Property"); <br />WHEREAS, FPL's existing fence encroaches onto the County Property ("Encroachment") <br />as reflected on the drawing attached hereto as Exhibit A and by this reference made a part hereof <br />("Encroachment Area"); and <br />WHEREAS, FPL has requested consent from the County to keep, maintain, repair, replace <br />and enjoy the Encroachment upon the County Property within the Encroachment Area, and the <br />County is willing to grant such consent upon the terms and conditions hereafter set forth. <br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth <br />in this Agreement, FPL and the County hereby agree as follows: <br />1. Recitals. The Parties agree that the foregoing recitals are true and correct and are <br />incorporated herein by this reference. <br />2. Encroachment. The County hereby consents for FPL to maintain, use, operate, <br />repair, replace and enjoy the Encroachment on the County Property within the Encroachment Area, <br />subject to compliance with the following terms and conditions: <br />a. FPL shall keep the Encroachment Area free of any trash or debris caused <br />solely and directly by FPL, or its contractors, employees or agents. FPL shall not allow the <br />Encroachment Area to be used for any unlawful purpose. FPL shall comply with all <br />116 <br />