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40 <br />40 <br />• ROM P -PH LEGAL DEPT <br />0 <br />FPL <br />Will Collins <br />Deputy county Attorney <br />Indian River county <br />1840 25 Street <br />Vero Beach, FL 32960 <br />;YU) ill. '3' 0ii 10:49/3'. 1+1:47/ 0. G. <br />Florida POW01A Light Company, P. B. Bax 029100, rllicra;, FL 33102.IIDU <br />(345)552-3929 <br />December 13, 2004 <br />Re: Relocation of FPL Pc].ea: WillOV Street <br />Indian River County <br />FPL Matter No.. 41643 <br />Dear Mr. Collins; <br />This letter agreement acicnowledges 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 FPI, 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 and and for the consideration <br />set forth herein, FPL and the County agree as follows: <br />FPL agrees to relaoate the electric proles and wires located <br />along Willow street and within the FPL easements between 89`4 and <br />89`'h 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 PPL 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 raiBe 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 />Florida Power & Light Company <br />By 3e n G.�Howard <br />/ <br />;Senior Attorney <br />Agreed.,. <br />Indian River county <br />By. <br />Title: <br />Date: <br />an trt Lira np a .,sm ­ <br />