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RECORDED <br />INSTRUMENT <br />DATE <br />FROM <br />TO <br />RECORDING <br />Utility Easement <br />10/19/2004 <br />Ervin A. Cartwright <br />and Lenore Cartwright <br />Indian River County <br />ORB / PG <br />1791/862 <br />PROVIDED that the COUNTY has the following rights: <br />1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, <br />remove, and relocate facilities on, within, and upon the lands described herein in accordance with <br />the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility <br />Accommodation Manual in the effect at the time the agreement is executed. Any new construction <br />or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should <br />the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or <br />require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT <br />hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited <br />to the cost of acquiring appropriate easements. <br />2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede <br />any contrary provisions, with the exception of the provision herein with reimbursement rights. <br />3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the <br />purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth <br />which might endanger or interfere with such facilities, provided that such rights do not interfere <br />with the operation and safety of the FDOT's facilities. <br />4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against <br />any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and <br />3 above. <br />Page 2 of 5 <br />