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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERKS O `. <br /> Prepared by : Florida Power & Light Company . � <br /> Carlos Me ias Esquire <br /> 700 Universe Blvd , LAW/JB <br /> Juno Beach , Florida 33408 <br /> EASEMENT <br /> THIS EASEMENT ( "Agreement") is made this 15 day of December, 2009 between Florida Power & <br /> Light Company, a Florida corporation, whose mailing address is P . O . Box 14000 , Juno Beach, FL 33408 -04201 <br /> Attn : Corporate Real Estate Department (" Grantor " ) and Indian River County , a political subdivision of the State <br /> of Florida, whose mailing address is 1840 25th Street Vero Beach , FL 32960 - 3365 (" Grantee " ) . <br /> WITNESSETH <br /> WHEREAS , Grantee desires an easement across a portion of property owned by Grantor for access to the <br /> Gifford Substation located in Indian River County, Florida and for the installation of drainage and underground <br /> utility conduits ("Improvements ") ; <br /> WHEREAS , Grantor has agreed to grant Grantee an easement for such purposes . <br /> NOW, THEREFORE , in consideration of the foregoing , the mutual covenants , representations and <br /> agreements contained herein and for other good and valuable consideration, the adequacy and receipt of which are <br /> hereby acknowledged , it is agreed as follows : <br /> L Grantor hereby grants to Grantee a non-exclusive easement for access+and the installation, operation <br /> and maintenance of Improvements over, across and beneath a strip of land (-T�5) feet wide as more <br /> particularly described on the Exhibit " A " attached hereto ("Easement Area ") and incorporated by reference . <br /> 2 . Grantee shall restore the ground surface on the Easement Area as nearly as practicable <br /> to the <br /> original condition which existed immediately prior to the commencement of any work . <br /> 3 . Grantee shall obtain any and all applicable federal, state, and local permits required in connection <br /> with Grantee ' s use of the Easement Area; and at all times, comply with all requirements of all federal , <br /> state , and <br /> locals laws , ordinances , rules and regulations applicable or pertaining to the use of the Easement Area by Grantee <br /> pursuant to this Agreement . <br /> 4 . Grantee agrees that the use of the Easement Area pursuant to this Agreement is subordinate to the <br /> rights and interest of Grantor in and to the Easement Area and agrees to notify its employees , agents <br /> and <br /> contractors accordingly . Grantor specifically reserves the following rights for its facilities located on the Easement <br /> Area : (a) to repair or maintain its facilities ; (b) to add additional facilities ; (c) to maintain, construct or <br /> alter roads ; <br /> and (d) to enter upon the Easement Area at all times for such purposes . <br /> 5 . In the event it becomes necessary to relocate the Improvements based upon Grantor ' s request, then <br /> same will be relocated at Grantee ' s sole cost and expense to a location mutually agreed upon <br /> by Grantor and <br /> Grantee . <br /> 6 . Grantee shall not use the Easement Area in any manner which interferes with Grantor ' s use of the <br /> Easement Area or may cause a hazardous condition to exist . In the event Grantee creates a hazardous condition or <br /> C : \Documents and Settings\jt0ogo\Local Settings\Temporary Internet Files\Conten t.0ut1ook\QWB5H29I \Easement from FPL to Indian River County4-3-07. doc <br /> Page 1 of 3 <br />