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�* COUNTY ATTORNEY ' S FFICi /0 get
<br /> . INDIAN RIVER COUNTY
<br /> 1801 27th Street
<br /> Vero Beach , Florida 32960
<br /> 2007515
<br /> THIS DOCUMENT HAS BEEN
<br /> RECORDED IN THE PUBLIC RECORDS
<br /> OF INDIAN RIVER COUNTY FL
<br /> This iasuwuent wvas prepared by : BK- 2356 PG '. 1798 , Pagel of 6
<br /> 1 ] . Colson 07/28/2009 at 08. 14 AM ,
<br /> Florida I'mer & Light Company
<br /> 700 Universe Boulevard JEFFREY K BARTON , CLERK OF COURT
<br /> Juno Beach, Ft.. 33 -108
<br /> SUBORDINATION OF UTILITY INTERESTS
<br /> Public Entity
<br /> THIS AGREEMENT, entered into this 16th_ day of June 20 C9 by and between
<br /> IM) IAN RIVER C OI.1N 'I Y, aTolitic_il subdivision ofthe State of Florida hereinafter referred to as " Public Entity" and
<br /> FLORIDA POWER & LIGHT COMPANY, a Florida corporation , hereutalfer referred to as "Utility " .
<br /> WHEREAS , the Utility presently has an interest in certain lands that have been determined necessary
<br /> for
<br /> highway purposes ; and
<br /> WHEREAS , the proposed use of said lands for highway purposes will require subordination of interest claimed
<br /> in said lands by Utility to the Public Entity and at the request of the Public Entity, the Utility has agreed, subject
<br /> to the
<br /> following condition , to relocate its facilities frorn the Utility's easement lands onto public right-of-way, or has agreed
<br /> to
<br /> leave its facilities on the subordinated lands (hereinafter jointly referred to as " Lands " and depicted in " EXII [ BIT
<br /> A "
<br /> attached hereto : ) and
<br /> WHEWREAS , Public Entity is willing to pay to have the Utility's facilities relocated if necessary to
<br /> prevent
<br /> conflict between the facilities so that the benefits of each may be retained ;
<br /> NOW , THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and
<br /> Public Entity agree as follows :
<br /> 1 . Utility is the owner of the following easements :
<br /> From or Recorded in
<br /> Datei1ainst- Other
<br /> AbII Favor of Book- Page/
<br /> November 29 , 1974 Florida Power & Li > ht Com ORB 480 / 592
<br /> FLORIDA POWER & LIGHT COMPANY
<br /> 2 . The Utility hereby subordinates any and all of its interest in that portion of said easement( s) lying within
<br /> the
<br /> lands described on " EXHIBIT A " attached hereto and made a part hereof, to the interest of the Public
<br /> Entity, its
<br /> successors or assigns , for the purpose of constructing, improving, maintaining and operating a road over, through , upon,
<br /> and/or across such Lands .
<br /> 3 . ' fhe Utility shall have the right to construct, operate, maintain, improve, add to, upgrade,
<br /> remove, and
<br /> relocate facilities on , within, and upon all the Lands described . All new construction, major reconstruction or upgrade,
<br /> removal or relocation of facilities shall be made in accordance with the Public Entity's minimum standards adopted 'as of
<br /> the date of this Agreement . All maintenance , operation, non-major upgrade or improvement shall be made under the
<br /> Public Entity' s minimum standards applicable at the time of the original construction . Any new constructiy
<br />❑ or
<br /> relocation of facilities within the Lands will be subject to prior approval by the Public Entity . Should the Public Entity
<br /> fail to approve any new construction or relocation of its facilities by the Utility or require the Utility to alter,
<br /> adjust, or
<br /> relocate its facilities from or within said I_.ands , the Public Entity hereby agrees to pay the cost
<br /> of such alteration ,
<br /> adjustment, or relocation , including, but not limited to the cost of acquiring appropriate easements .
<br /> 4 . T'he Utility shall have a reasonable right to enter upon the Lands described herein for the purposes outlined
<br /> in paragraph 3 above , including the right to trim such trees, brush , and growth which might endanger or interfere
<br /> with
<br /> such facilities , provided that such rights do not interfere with the operation and safety of the Public Entity's facilities .
<br /> 5 . The Utility agrees to repair any damage to the Public Entity's facilities and indemnify the Public
<br /> Entity
<br /> against any loss or damage resulting from the Company exercising its rights outlined in paragraph 3 and 4 above .
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