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12/13/2018 4:55:21 PM
Official Document Type
Agenda Item Number
Florida Power & Light
First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement
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3120180075989 <br />RECORDED IN THE PUBLIC RECORDS OF <br />COUNTY ATTORNEY'S OFFICE JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY INDIAN RIVER COUNTY FL <br />1801 27th Street BK: 3171 PG: 1385 Page 1 of 4 12/182018 4:24 PM <br />Wto Qeach, Florida 32960 <br />FIRST AMENDMENT TO REVISED AND RESTATED JOINT FIBER OPTICS PROJECT <br />INTERLOCAL AGREEMENT <br />This First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement is <br />entered into this 17 day of December, 2018, by and among the School Board of Indian River County, <br />Florida ("School District"), Indian River County ("County"), and the City of Vero Beach ("City"). The <br />School District, County and City are also referred to individually herein as a "Member" and collectively as <br />"Members." <br />WHEREAS, in 2015, the City, School Board and County entered into the Revised and Restated <br />Joint Fiber Optics Project Interlocal Agreement, recorded in Book 2901, Page 1151 of the Public Records <br />of Indian River County ("Consortium Agreement"); and <br />WHEREAS, the City is selling its electric utility to Florida Power and Light Company ("FPL"); <br />WHEREAS, as part of the sale, the Members are entering into the Linear Facilities Pole <br />Attachment Agreement Between City of Vero Beach, Florida, Indian River County, Florida, School Board <br />of Indian River County, Florida, and Florida Power & Light Company ("Pole Attachment Agreement"); <br />and <br />WHEREAS, the Members wish to clarify the responsibilities under the Pole Attachment <br />Agreement; <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good <br />and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members <br />agree as follows: <br />Section 1. The above recitals are true and correct. <br />Section 2. Any pole attachment fees, costs of corrections or other charges owed to FPL as <br />set forth in the Pole Attachment Agreement shall be paid by the Members who own the Wireline, as <br />that term is defined in the Pole Attachment Agreement, that is attached to the FPL pole, pursuant to <br />their percentage of fiber ownership, regardless of the percentage of Member usage of the fiber. <br />effect. <br />Section 3. All other terms of the Consortium Agreement shall remain in full force and <br />[Signature Pages Follow.] <br />
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