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• <br />40 <br />4W <br />Florida Power & Lighl Company, P. 0. Box 024100, Miami. FL 33102.9100 <br />0 <br />(305) 552--3929 <br />FPL <br />December 13, 2000 <br />Will Collins <br />Deputy County Attorney <br />Indian River County <br />1840 25 street <br />Vero Beach, FL 32960 <br />Re: Relocation of FPL Poles: willow street <br />Indian River County <br />FPL Matter No. 41643 <br />Dear Mr. Collins: <br />This letter agreement acknowledges that an issue remains as <br />to whether there was an effective reservation of state road <br />right-of-way which would require Florida Power & Light Company <br />("'FPL'") to relocate its electric facilities at the cost of FPL <br />notwithstanding the grants of easements to FPL. Indian River <br />County ("County") and FPL desires to cooperate with each other in <br />order that no undue delay to the construction project will result <br />from this unresolved issue. To that end and for the consideration <br />set forth herein, FPL and the County agree as follows: <br />FPL agrees to relocate the electric poles and wires located <br />along Willow Street and within the FPL easements between 85th and <br />891' streets prior to resolution of the reimburse issue. The <br />County and FPL agree to continue to resolve that issue through <br />additional fact finding and, if necessary, litigation. The <br />County agrees that FPL by entering into this agreement and <br />initially relocating the FPL facilities at the expense of FPL has <br />not and shall not be deemed to have waived any right it may have <br />for reimbursement for such relocation. The County further agrees <br />that the County shall not raise the fact of relocation by FPL as <br />a bar, estoppel, waiver or other affirmative defense including in <br />any litigation seeking reimbursement or declaration of rights as <br />to reimbursement for such relocation. <br />Agreed: <br />Indian River County <br />F <br />By: +L� GC r�- .' 6a E'f 3�I <br />Title: <br />Dato: r <br />anfpt Group comPan p <br />Florida Power & Light Company <br />By <br />Jean G. Howard <br />Senior Attorney <br />